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HomeMy WebLinkAboutAgenda Packet City Council - 04/13/20104■1111111111111, koolokimillok.00 = • • ',51,*rerWrI01979,1r.4. ra 13, 2010 :4Ziaa,f4t4.• 11:45 A.M. - *Proclamation declaring Wednesday, April 21, 2010, as "BoldFuture for the Coastal Bend ". *Proclamation declaring Saturday, April 17, 2010 as celebration of "Earth Day — Bay Day 2010" and the month of April 2010 as "Earth Month 2010 ". *Proclamation declaring the week of April 11 -17, 2010 as "National Public Safety Telecommunications Wk ". *Proclamation declaring the week of April 18 -24, 2010 as "National Crime Victims' Rights Week ". *Proclamation declaring the week of May 2 -8, 2010 as "2010 Children's Mental Health Awareness Week." *Commendations presented to students of Incarnate Word Academy who placed Fifth in the World at the Intercontinental Chess Team Championships. AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 13, 2010 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 Henry Williams, Corpus Christi Christian Fellowship 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 Chris N. Adler Council Members: Brent Chesney City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting April 13, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of March 30, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Airport Board * Board of Adjustment * Food Service Advisory Committee * Transportation Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. 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. H. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Motion approving the purchase of two (2) mini -track excavators and two (2) trenching machines from the following companies for the following amounts for a total amount of $156,857.52. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Gas Agenda Regular Council Meeting April 13, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 3) John Deere Construction Retail Sales Moline, Illinois Line Item: 1 Mini -track excavators $56,627.52 Vermeer Equipment of Texas, Inc. Round Rock, Texas Line Item: 2 Trenching Machines $100,230.00 Grand Total: $156,857.52 4. Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0107 -10 based on only bid for an estimated twelve -month expenditure of $273,270 of which $68,317.50 is required for the remainder of FY 2009 -2010. The term of the supply 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 the Wastewater Department in FY 2009 -2010. (Attachment # 4) 5. Motion approving a supply agreement with Altivia Corporation, of Houston, Texas for approximately 448,100 pounds of sodium hypochlorite solution in accordance with Bid Invitation No. BI- 0064-10, based on low bid for an estimated six month expenditure of $223,236.40 of which $111,618.20 is required for the remainder of FY 2009 -2010. The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2009 -2010. (Attachment # 5) 6. Motion approving a service agreement with Star Operations, Inc., of Corpus Christi, Texas for highway and roadway lighting maintenance and repair in accordance with Bid Invitation No. BI- 0122-10 based on low bid for an estimated twelve -month expenditure of $354,688. The term of the service 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 service provider and the City Manager or his designee. Funds are available in the General Fund in FY 2009 -2010. (Attachment # 6) Agenda Regular Council Meeting April 13, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Ordinance approving the transfer of $60,858 from the Maintenance Services Fund No. 5110 to and appropriating in the Visitors Facilities Fund No. 4710 for water damage repairs to the Selena Auditorium building at the American Bank Center; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations and revenues by $60,858 each. (Attachment # 7) 8. Ordinance appropriating $575,000 from the proceeds of a loan from the Corpus Christi Housing Finance Corporation in the No. 1020 General Fund in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building at the corner of Chaparral Street and Schatzel Street; and changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $575,000. (Attachment # 8) 9. Resolution endorsing certain legislative changes, as recommended by the South Texas Aggregation Project, Inc. (STAP), relating to the Sunset Review of the Texas Public Utility Commission and the Special Purpose Review of the Electric Reliability Council of Texas. (Attachment # 9) 10. Resolution approving a small business incentive agreement between the Corpus Christi Business and Job Development Corporation and Coastal Bend Workforce Development Board that provides a grant of up to $12,760 for Workforce Solutions' Small Business Employer Intern Program and authorizing the City Manager, or designee, to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Coastal Bend Workforce Development Board small business incentive agreement. (Attachment # 10) 11. a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $775,611 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment # 11) Agenda Regular Council Meeting April 13, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating a $775,611 grant from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Elderly Nutrition Program. (Attachment #11) c. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $261,751 grant awarded by the Texas Department of Aging and Disability Services for the FY 2010 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 11) d. Ordinance appropriating a $261,751 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 11) 12. Resolution authorizing the City Manager or his designee to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $249,802 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. (Attachment # 12) 13. Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Bass and Welsh Engineering of Corpus Christi, Texas in the amount of $93,400 for preliminary design, design, bidding and construction phase services and additional services for Charles Drive Improvements, Leopard Street to Maple Leaf Drive. (BOND ISSUE 2008) (Attachment # 13) 14. Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Landmark Structures I, L.P., of Fort Worth, Texas in the amount of $400,139.08 for a total restated fee of $3,803,480.92, for Padre Island Elevated Storage Tank (1.5 MG) Part A Project for additional sleeves in the pedestal wall, Supervisory Control and Data Acquisition (SCADA), electrical and piping modifications. (Water CIP 2010) (Attachment # 14) Agenda Regular Council Meeting April 13, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15. Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with KJM Commercial of Corpus Christi, Texas in the amount of $83,090 for a restated not to exceed contract price of $550,090 for the Police Department Building Elevators, Phase 1, to install new cab interiors, new access control card readers and an HVAC unit. (BOND ISSUE 2008) (Attachment # 15) 16. Resolution authorizing the City of Corpus Christi, by and through the City Manager or his designee, to participate in the Interlocal Governmental Cooperative Purchasing Programs of the Region VIII Education Service Center, including the Interlocal Purchasing System (TIPS) Program; and authorizing the City Manager or his designee to execute an Interlocal Government Agreement (and all related documents necessary) for program participation. (Attachment # 16) 17. Resolution determining a public necessity to acquire fee simple title (to the surface estate only) for the County Road 52 — US 77 to CR 69 Street Project ( #6471) to two tracts of land known as Parcels 10 and 11 [(1) Parcel 10 being a 0.239 -acre (10,410.8 sf) tract of vacant land out of Lot 10, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, Map Records of Nueces County, TX — Steven R. Hook (owner); and (2) Parcel 11 being a 0.812 -acre (35,369.8 sf) tract of vacant land out of Lot 9, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, Map Records of Nueces County, TX — the Estate of Albert F. Stuchly, et al (owner)], for the public purpose, use and construction of street improvements and for other related public, street, and drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or by exercise of the City's power of eminent domain. (BOND ISSUE 2008) (Attachment # 17) EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the Agenda Regular Council Meeting April 13, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 18. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 19. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 250th District Court, Travis County, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 20. Case No. 0310 -01, Mostafa Bighamian and Morteza Shafinury: A change of zoning from the "R -1 B" One - Family Dwelling District to the "B -4" General Business District resulting in a change of land use from Vacant Land to Commercial Shopping Center use on property described as a 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot 0, generally located north of Saratoga Boulevard, northwest of Summer Ridge Drive, approximately 1,360 feet southeast . of Airline Road, at 6902 Saratoga Boulevard. (Attachment # 20) Planning Commission and Staffs Recommendation: Approval of the "B -4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Mostafa Bighamian and Morteza Shafinury, by changing the Zoning Map in reference to a 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot 0, from "R-1B" One - family Dwelling District to "B -4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. Agenda Regular Council Meeting April 13, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 21. Case No. 0310 -03, Ron Peck: A change of zoning from the "B- 5" Primary Business District to the "1 -2" Light Industrial District resulting in a change of land use from Commercial Vacant Building to Auto and Motorcycle Repair and Paint use on property described as a 0.52 acre tract of land located in South Bluff, Block 12, Lots 6 through 8, generally located on the south side of Kinney Street, west of South Carrizo Street, and east of King Street, at 923 Kinney Street. (Attachment # 21) Planning Commission and Staff's Recommendation: Denial of the "1 -2" Light Industrial District in lieu thereof approval of a "B- 5/SP" Primary Business District with a Special Permit, subject to a Site Plan and six (6) conditions. 22. ORDINANCE Amending the Zoning Ordinance, upon application by Ron Peck, by changing the Zoning Map in reference to a 0.52 acre tract of land located in South Bluff, Block 12, Lots 6 through 8, from "B- 5" Primary Business District to "B -5 /SP" Primary Business District with a Special Permit to allow for auto and motorcycle repair and paint use, subject to a Site Plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. CONSOLIDATED ANNUAL ACTION PLAN: a. Public hearing regarding the City of Corpus Christi's proposed FY2010 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. (To be considered at approximately 2:00 p.m.) (Attachment # 22) b. Council discussion and possible recommendations on a list of projects /activities to be funded. (To be considered at approximately 2:00 p.m.) (Attachment # 22) Agenda Regular Council Meeting April 13, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 23. a. Ordinance authorizing the City Manager or his designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2010 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during April 22 through May 2, 2010, providing for Commission paying 50% police overtime and 100% of all other City costs and fees. (To be considered at approximately 1:30 p.m.) (Attachment # 23) b. Motion approving a $2.00 admission fee and /or $3.00 for adults (depending on date) and $2.00 per day for seniors, children under the age of 17, and persons with disabilities for Buccaneer Days Festival from April 22, 2010 through May 2, 2010. (To be considered at approximately 1:30 p.m.) (Attachment # 23) 24. Motion approving the following temporary street closures, beginning at 8:00 a.m. on Friday, April 16, 2010 and ending at 5:00 p.m. on Wednesday, May 5, 2010, unless otherwise noted, for the Buccaneer Days BBQ Challenge, Rodeo Festival and Carnival event. (To be considered at approximately 1:30 p.m.) (Attachment # 24) a. Resaca Street, between Chaparral Street and Shoreline Boulevard; b. Fitzgerald Street, between the Chaparral Street and Shoreline Boulevard; c. Palo Alto Street, between the Chaparral Street and Shoreline Boulevard; d. Water Street, between Power Street and Resaca Street; e. Shoreline Boulevard, between Power Street and the Art Museum of South Texas, including the Barge Dock; Agenda Regular Council Meeting April 13, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) f. Fitzgerald Street, between North Broadway Street and Mesquite Street, ending at 9:00 p.m. on Monday, April 26, 2010; and North Broadway Street (including under US 181 Harbor Bridge), between Fitzgerald Street and Brewster Street, ending at 9:00 p.m. on Monday, April 26, 2010, this right of way is under the jurisdiction of the Texas Department of Transportation (TxDOT) and will be closed by City in cooperation with TxDOT. 25. Resolution declaring the City of Corpus Christi's interest in investigating the feasibility of a Public- Private partnership to develop and re- develop an area in the vicinity of the American Bank Center. (Attachment # 25) 26. Motion to consider a request for a one -year time extension of a Special Permit, to April 14, 2011, to allow for a pet grooming and boarding business, small dog and cat rescue shelter, and dog service and therapy /training facility, on property located at the southwest corner of Gadwell Street and Laguna Shores Road, in Case No. 0309 -01, Ross and Judith Sisson. (Attachment # 26) g. L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 27. Regional Health Awareness Board Activity 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 Agenda Regular Council Meeting April 13, 2010 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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 A:30 p.m., on April 8, 2010. 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 Ca, at Cammas CWrtatl mpg orpus Christi • Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting March 30, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Philip Douglas with Unitarian Universalist Church of Corpus Christi and the Pledge of Allegiance to the United States flag was led by Council Member Kevin Kieschnick. 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 March 23, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 2 - 14). There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 028529 Ordinance appropriating $26,050 from the Reserve for Fleet Maintenance in the Maintenance Services Fund No. 5110 for the purchase of one (1) 2010 Honda CNG Civic GX (Compressed Natural Gas vehicle); changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures by $26,050. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 3. MOTION NO. 2010 -063 Motion approving a service agreement with AmeriPride Services, of Corpus Christi, Texas, for uniform rental service, in accordance with Bid Invitation No. BI- 0029 -10 based on best value for an estimated two year expenditure of $89,330.80 of which $14,888.48 is required for the remainder of FY 2009 -2010. The term of the contract shall be for twenty -four months with an option to extend for up to one additional twelve month period subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the using departments in FY 2009 -2010. Minutes — Regular Council Meeting March 30, 2010 — Page 2 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 4. MOTION NO. 2010 -064 Motion approving a supply agreement with Vulcan Signs, of Foley, Alabama for aluminum traffic sign faces based on low bid in accordance with Bid Invitation No. BI- 0061 -10 for an estimated annual expenditure of $127,151.35 of which $41,959.95 is required in FY2009- 2010. The term of the agreement shall 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 the Street Department for FY 2009 -2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5. ORDINANCE NO. 028530 Ordinance to amend Section 2 of Ordinance No. 028261 which implemented salary increases for the Municipal Court Judges to adjust Municipal Court Judge Rodolfo Tamez's salary. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.a. RESOLUTION NO. 028531 Resolution authorizing the City Manager or his designee to accept a $97,873 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY 2010 Senior Community Services, Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6.b. ORDINANCE NO. 028532 Ordinance appropriating a $97,873 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY 2010 Senior Community Services, Elderly Nutrition Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7. MOTION NO. 2010 -065 Motion approving the temporary street closures of Peoples Street T -head and the northbound lanes of Shoreline Boulevard (including the medians) from the north curb line of Schatzel Street to the south right -of -way of Taylor Street, beginning at 12:01 a.m. on Saturday, April 17, 2010 and ending on 5:00 p.m. on Monday, April 26, 2010 , for the Texas Minutes — Regular Council Meeting March 30, 2010 — Page 3 International Boat Show, pending the applicant MMD Communications' timely submittal, and the City's receipt, of the required Certificate of Insurance. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8. MOTION NO. 2010 -066 Motion authorizing the City Manager, or his designee, to execute a Professional Services Contract with Beck Disaster Recovery, Inc. of Houston, Texas in the amount of $87,860 for development of operations based emergency /hurricane plan. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. MOTION NO. 2010 -067 Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 to the construction contract with SLC Construction, LP, of Conroe, Texas in the amount of $105,079.68 for a total restated fee of $3,026,065.94 for American with Disabilities Act (ADA) Accessibility Ramps - Staples Street from Leopard Street to Six Points for additional work associated with utility conflicts. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.a. MOTION NO. 2010 -068 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by Alan Davis, owner and developer of Carroll Lane Park Unit 2, Block 8, Lot 4A, located south of South Staples Street and east of Carroll Lane, including all related appurtenances. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10.b. ORDINANCE NO. 028533 Ordinance appropriating $8,597.59 from the No. 4030 Distribution Mains Trust Fund to reimburse Alan Davis for the installation of 184 feet of 6 -inch water distribution main, including all related appurtenances for development of Carroll Lane Park Unit 2, Block 8, Lot 4A, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting March 30, 2010 — Page 4 11. ORDINANCE NO. 028534 Ordinance abandoning and vacating a 2,802- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 1, Block 6, Lot 10D, located approximately 260 feet north of the Cain Drive public right -of -way, adjacent to the S. Staples Street public right -of -way; requiring the owner, Mr. Benito Barrera, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. ORDINANCE NO. 028535 Amending the Corpus Christi Platting Ordinance, by revising Section IV.G.6.b), relating to fee in lieu of park land dedication; and providing for publication. The proposed amendment would set a maximum land value of $62,500 per acre that could be assessed to developers for the fee in lieu of and dedication requirement. (First Reading - 03/23/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. ORDINANCE NO. 028536 Amending the Corpus Christi Zoning Ordinance by adding to Section 4 -1, the "10" Zoning District, which was not listed when district was adopted, and by adding the new "CH" Zoning District; by adding a new Article 6C Title "CH" Cottage Housing District; by adding "Cottage Housing Development" as a permitted use to Sections 6B -2, 7 -2, 8 -2, 8 -A2, 9 -2, 10 -2, 11 -2, 12 -2, 12A -2, 13 -2, 14 -2, 14A -2 and 16 -2; by reformatting Section 24 -1; and by adding a new district to Section 24 -1; relating to the use, regulations, and review standards for a Cottage Housing District; providing for increased density and low- impact development on smaller lots within the City limits; amending conflicting provisions of the City's comprehensive plan; repealing conflicting ordinances; providing for penalties; providing for publication; and providing for an effective date. (First Reading - 03/23/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. ORDINANCE NO. 028537 Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, regarding membership for the Leadership Committee for Senior Services to remove Retired and Senior Volunteer Program and Senior Companion Program Representatives and expand At -Large Representatives from six to ten members. (First Reading — 03/23/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". * * * * * * * * * * * ** Minutes — Regular Council Meeting March 30, 2010 — Page 5 Mayor Adame announced the executive sessicns, which were listed on the agenda as fol lows: 15. Executive Session under Texas Government Code Section 551.071 regarding American GI Forum vs. City of Corpus Christi, Texas Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. 16. Executive Session under Texas Government Code Section 551.071 regarding Friends of the Coliseum vs. City of Corpus Christi, Texas Cause No. 10- 000769, in the 2501 District Court, Travis County, with possible discussion and action in open session. 17. Executive Session under Texas Government Code Section 551.074 regarding appointment of Municipal Court Judge with possible discussion and action in open session. 18. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate the offer of a financial or other incentive to Las Brisas Energy Center, LLC, a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. 19. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate the offer of a financial or other incentive to The First American Corporation, a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. 20. Executive Session under Texas Government Code Section 551.087 to discuss or deliberate regarding commercial or financial information that the City Council has received from Double Puck Sports, LLC, and to deliberate the offer of a financial or other incentive to Double Puck Sports, LLC, a business prospect that the City Council seeks to have locate, stay, or expand in or near the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. In response to Council Member Chesney, City Attorney Valdez stated that the City Council was going into executive session on Item 18 to discuss contract negotiations. Mr. Chesney announced that he would abstain from the discussion and vote on Items 19 and 20. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 17. ORDINANCE NO. 028538 Ordinance appointing Melissa Madrigal as Full -time Municipal Judge of the Municipal Court of Record in the City of Corpus Christi at a salary equivalent to the salary of the currently appointed Municipal Court Judges Missy Medary and Judge Julianna Rivera, to term coterminous with the term of the appointing City Council. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * Minutes — Regular Council Meeting March 30, 2010 — Page 6 City Secretary Chapa announced that Mayor Adame and City Manager Escobar would abstain from the discussion on Item 26. Mayor Pro Tem Adler referred to Item 26 regarding a presentation by Wallace Bajjali Development Partners, LP on a public /private mixed -use development near the Convention Center. Assistant City Manager of Development Services Johnny Perales introduced David Wallace and Joe Esch with Wallace Bajjali Development Partners, LP. Mr. Esch also introduced Chuck Hendrix and Bob Logan with Innovative Leisure Partners who were available to respond to questions. Mr. Esch referred to a powerpoint presentation regarding a background of the Wallace Bajjali firm and the proposed project; examples of the private /public development and economic impact for Sugar Land Town Square and Waco Town Square; the vision for the City of Corpus Christi project; the preliminary concept plan; guiding principles for a private /public partnership; public sector participation; the development process; and the path moving forward. Mr. Esch also presented a video with examples of the private /public partnership development project in Sugar Land, Texas. The Council expressed support for the project and there was a general consensus to direct staff to move forward with the proposed project. Mr. Perales stated that staff will continue discussions with Wallace Bajjali Development Partners and provide a resolution for support of the project for Council approval; a timeline; and consideration of appointing council members to the stakeholders group. Mr. Wallace thanked the Council for allowing Wallace Bajjali the opportunity to present the project. Mr. Wilson and Mr. Hendrix spoke in support of the public /private endeavor with Wallace Bajjali. Mayor Adame called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke in opposition to the demolition of the Memorial Coliseum. John Kelley, 413 Waco, spoke regarding the City's representatives to the Port of Corpus Christi Authority and their recent votes on the negotiations between the Port and Apex. Foster Edwards, President/CEO of the Corpus Christi Chamber of Commerce, thanked the Council and congratulated them on their work. Mr. Edwards presented a resolution from the Chamber of Commerce in favor of the demolition of the Memorial Coliseum. Mr. Edwards also stated that the Chamber has convened a coalition of members to show support to the Council. Jack Gordy, 4110 Bray, spoke regarding the City not enforcing the Texas Highway Beautification Act. Fred Braselton, 5337 Yorktown, stated that the business community considers the Council pro - growth and supports and appreciates the Council's efforts. Ryan Jones, 2333 Mystic Star, spoke in support of the Las Brisas Plant and the continuation of economic growth. Brad Horner spoke regarding growth that will be positive for the community. Mary Ann Kelly, 4302 Schanen, spoke against Las Brisas and placing an item on the November ballot for a statute of Christ for the City. Abel Alonzo, 1701 Thames, stated that he would listen to the facts on the Las Brisas Plant before making a decision. The following individuals spoke in opposition to the Las Brisas Plant and the City providing water incentives: Colin Sykes, 309 Aberdeen; Wilson Wakefield, 6026 Killarmet; Dr. Bruce Taylor, 3370 San Antonio; Roger Landres, 242 Montclair; Laurie Wood, 3517 Denver; James Klein, 3501 Monterrey; Teresa Kline, 3501 Monterrey; Emilie Olivares, 4205 Dody; Mariah Boone, 710 Ponder; Daniel Lucio, 317 Peoples; Saul Rascon, 914 Nandina; and Joann Gilbertson, 4601 Gulfbreeze. Council Member Marez requested that City Attorney Valdez and City Secretary Chapa prepare a statement to present after executive sessions to make the public aware of the outcome on an executive session item. Minutes — Regular Council Meeting March 30, 2010 — Page 7 * * * * * * * * * * * * * Mayor Adame opened discussion on Item 22 regarding a lease agreement with the Columbus Sailing Association for the use of the Columbus Sailing Ship Nina. Assistant City Manager Margie Rose explained that this item is an ordinance authorizing the City Manager to execute a lease for the Columbus Sailing Ship Nina. Ms. Rose introduced the presentation team including Assistant City Attorney Deborah Walther Brown, Director of the Museum of Science and History Rick Stryker; and John Torrey and Kim Morsack with the Columbus Sailing Association (CSA). Ms. Rose also acknowledged Marina Superintendent Peter Davidson; Interim Parks and Recreation Director Stacie Talbert and Nelida Ortiz who assisted with the negotiations. Assistant City Attorney Brown provided a background of the negotiations and stated that an amendment would need to be made to change the lease term from five (5) to 15 years due to provisions in the City Charter. Ms. Brown also stated that the agreement included that once the CSA has completed all five (5) phases, ownership of the ships will be transferred to the CSA. Assistant City Manager Rose provided a brief overview of the terms of the agreement. Mr. Torrey stated that the CSA approves the agreement and is satisfied that the City is acting in good faith. Ms. Martinez made a motion to amend the ordinance from a five (5) to 15 year lease. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo was absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Authorizing the City Manager, or his designee, to execute a 15 -year lease with the Columbus Sailing Association for the use of the Columbus Sailing Ship Nina, for and in consideration of the repair, restoration and maintenance of the Nina; providing for publication. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0210 -04, Jonelle Qualia: A change of zoning from the "R-1B" One - family Dwelling District to the "AB" Professional Office District on property described as a 4.3 acre tract of and out of Lakeview Acres, Block 3, Lot 1, situated at 6710 Holly Road, generally located north of Holly Road, west of Lakeview Drive, approximately 2,870 feet southeast of Airline Road. Assistant Director of Development Services Faryce Goode -Macon announced that the 20% rule is invoked. Ms. Macon referred to a powerpoint presentation including the 2009 aerial photograph; the zoning map; existing land use map; zoning district information; views of the subject property; the future land use map; and the department comments. Minutes — Regular Council Meeting March 30, 2010 — Page 8 Ms. Macon stated that the Planning Commission and staff recommended denial of the "AB" Professional Office District and in lieu thereof approval of a Special Permit, subject to a Site Plan and six (6) conditions. Steve Qualia, owner, stated that he and his wife are requesting the zoning change because several potential businesses are interested in purchasing their property for commercial use. Mr. Qualia added that they are interested is receiving the special permit that was previously granted for the property. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Chesney, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028539 Amending the Zoning Ordinance, upon application by Jonelle Qualia, by changing the Zoning Map in reference to 4.3 acres out of Lakeview Acres, Block 3, Lot 1, from "R-1B" One - family Dwelling District to "R -1 B /SP" One - family Dwelling District with a Special Permit to allow medical and non - medical offices uses, subject to a Site Plan and six (6) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 23 regarding the Convention Center. Assistant Director of Engineering Services Kevin Stowers reported that this project will result in the replacement of 12 doors and the repair of 30 doors at the Convention Center. The following topics pertaining to this item were discussed: the water damage in the stage area of Selena Auditorium; repair of the elevators; lighting on the stairwells; stair repair; and electrical lighting improvements. City Secretary Chapa announced that Item 23.b. was withdrawn by staff. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23.a. MOTION NO. 2010 -069 Motion authorizing the repair and /or replacement of the entrance doors throughout the lobby of the Convention Center. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 23.b. WITHDRAWN BY STAFF Resolution relatingte- cstabtis#+ag the City's intention to reimburse itself in an amount not to be issued by-the ©kty for authorized purposes relating to the renovation of the Convention providing an effective date. Minutes — Regular Council Meeting March 30, 2010 — Page 9 Mayor Adame opened discussion on Item 24 referring to a service agreement to identify cost - savings and revenue enhancing initiatives including restructuring, outsourcing and privatizing. Assistant Director of Financial Services Michael Barrera explained that this item is for a consultant contract to review the City's operation. Mr. Barrera added that Crowe Horwath, LLP was selected through a Request for Information (RFH) process based on best overall value for Phases 1 and 2. Mr. Barrera stated that Phase 1 will be completed in May and Phase 2 in August with some ideas implemented into the budget or phased throughout the year. The following topics pertaining to this item were discussed: the reason for using the RFI process; providing additional information including Crowe Horwath's success in other places and references; whether staff will educate Crowe Horwath on the City's unique financial system; if Crowe Horwath will continue working through the implementation process; how privatization would occur; whether Crowe Horwath has municipal privatization experience; if the City has ever hired a consultant to review privatization; the cost and timeframe for each phase; how the Council will receive the data from the consultant; and citizen input from the Mayor's Budget Advisory Committee on the process. Kevin Smith, Crowe Horwath, provided a brief overview of the company's experience and background in privatization. Mr. Chesney made a motion to table this item until April 13th to allow staff to provide additional data including Crowe Horwath, LLP's prior experience; savings realized; the approach and strategy that will be used; and references. The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott was absent. 24.a. TABLED UNTIL APRIL 13, 2010 No. 1020 for Restructuring, Outsourcing and Privatization Services Phase 1; changing the 24.b. TABLED UNTIL APRIL 13, 2010 Motion authorizing the City Manager or his designee to execute a service agreement with - .. -- other related services ( "Phase 1") concerning the Restructuring, Outsourcing and Privatizing of certain portions of the City's municipal government functions. The term of the agreement will extend through the date Crowe Horwath presents the initial assec.sment to City Council. Funding is to be appropriated in the General Fund in FY 2009 2010. 24.c. TABLED UNTIL APRIL 13, 2010 No. 1020 for Restructuring, Outsourcing and Privatization Services Phase 2; changing . . e 111 Minutes — Regular Council Meeting March 30, 2010 — Page 10 24.d. TABLED UNTIL APRIL 13, 2010 Motion authorizing the City Manager or his- desig-nee to exceute a service agreement with e,e t saving /revenue enhancing initiatives, and for other related services ( "Phase 2 ") concerning the Restructuring, Outsourcing and Privatizing to be appropriated in the General Fund in FY 2009 2010. Mayor Adame opened discussion on Item 25 regarding the seawall parking lot on Windward Drive. Assistant City Attorney Jay Reining stated that the Texas General Land Office (GLO) has confirmed the approval of this ordinance regarding the curfew. Mr. Reining said that once the beach is re- nourished, the curfew will be in effect. Mr. Reining added that the GLO will be in the city in April to discuss the sand source for re- nourishment. Mayor Adame called for comments from the audience. Johnny French, 4417 Carlton, spoke regarding the GLO's position on the curfew. City Secretary Chapa polled the Council for their votes as follows: 25. ORDINANCE NO. 028540 Ordinance amending Section 33 -16, Code of Ordinances, City of Corpus Christi, to allow parking on the Seawall Parking Lot on Windward Drive when any portion of beach seaward of the concrete portion of the Padre Island Seawall is closed to vehicular traffic; providing for penalties; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal were absent. * * * * * * * * * * * ** Mayor Adame referred to Item 27 regarding the status of the street maintenance plan. Assistant City Manager Oscar Martinez introduced the presentation team including Director of Storm Water & Street Operations Valerie Gray, Assistant Director of Street Operations Andy Leal and Director of Engineering Services Pete Anaya. Mr. Martinez referred to a powerpoint presentation including a background; the council goal to develop a street plan; the five strategies of the plan; the identified needs; the street conditions and construction standards; factors that contribute to street condition; operation costs; the bond program costs; street operations maintenance; industry recommended pavement lifecycle; annual maintenance recommendations; funding; comparison with other cities; other considerations; revenue options to be considered in budget deliberations; and next steps. The following topics pertaining to this item were discussed: the amount of funding targeted for residential streets in Bond 2004; the condition of the streets in the industrial districts; concrete projects; the bid from the Nevada firm for concrete on Yorktown Boulevard; if other departments repair streets and whether the Street Department should be responding to all necessary street repairs; comparison of maintenance for asphalt and concrete; an explanation of the inter -fund transfers option; Solid Waste funding to cover the street maintenance costs; the transportation user fee; discussions with the Regional Transportation Authority (RTA); repair of potholes on rainy days; problems with potholes or base failure at the intersection of Santa Fe and Bermuda streets, Robert Minutes — Regular Council Meeting March 30, 2010 — Page 11 Drive, Airline Road between Ocean Drive and Alameda, and Texan Drive in front of Ray High School; asking the County to allocate funding to the City from the vehicle registration fee; reconsideration of the seawall funds; and stimulus funding. Mayor Adame referred to Item 28 regarding the FY2009 -2010 Second Quarter Budget/Performance Report. Assistant Director of Management and Budget Eddie Houlihan referred to a powerpoint presentation including the revenues and expenditures for the enterprise, internal services, special revenue, and general funds; a sales tax comparison; and the status of the retail trade, utilities, mining, and wholesale trade sales tax. The following topics pertaining to this item were discussed: the gas fund revenues and expenditures; when the City will receive the projected tax rolls; the continued trends for sales tax; and updating the Council on the budget process for next fiscal year. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 7:12 p.m. on March 30, 2010. * * * * * * * * * * * ** 2 a. AIRPORT BOARD — Five (5) vacancies with terms to 4 -4 -11 and 4 -4 -13. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year stag` ered terns. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE Richard Drilling 04 -04 -12 09 -09 -08 Joseph Wise 04 -04 -12 04 -18 -06 * ** *William D. Dodge, III 04 -04 -11 03 -22 -05 Ed Hicks, Chair 04 -04 -11 05 -13 -08 *Jesse Olivares 04 -04 -10 11 -08 -05 * * ** *Donald M. Feferman 04 -04 -10 04 -13 -04 George B. Richard 04 -04 -11 05 -20 -08 Chad Magill 04 -04 -12 05 -26 -09 * * * * *J.C. Ayala 04 -04 -10 01 -14 -03 ** *George H. Fisher 04 -04 -11 05 -20 -08 (The Airport Board is recommending the new appointments of Mona Baen, Rosie Collin, William McCord and Adam Nuse. The board is also requesting the appointment of Donald M. Feferman as an advisory, non- voting member. The usual policy has been to appoint advisory non- voting members to one-year terms.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jesse Olivares 11 9 (lexc) 82% OTHER INDIVIDUALS EXPRESSING INTEREST Mona Baen President, Stewart Title. Activities include: Executive Women's International, Rotary Club, and CCAR. (5 -13- 09) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Deceased * * ** *Has met six -year service limitation Shawn P. Bodine Rodney Buckwalter Chase Carlisle Cristi J. Caviness Lena Deloyce Coleman Rosie Collin Roy Len Cotham Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A &M University- Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (2 -9 -10) Director, Vendor Management, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Currently Pursuing PhD. Activities include: Del Mar College Business Development Advisory Committee and Texas A &M University - Corpus Christi Alumni Association. (6 -5- 09) 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. (1 -4- 10) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Self - Employed, Lena's Business Management. Received a BA Degree. Formerly Served on the Human Relation's Commission and the Water Resources Advisory Committee. (5- 27 -09) Executive Director, Ingleside Local Redevelopment Authority. Received a Bachelor of Science from Southwest Texas State University and Master of Science from Corpus Christi State University. Activities include: USO of South Texas and St. Phillip's Catholic Church. Serves on the Executive Committee for Sail South Texas. (2- 15 -10) Aviation Professional, American Eagle Airlines, Inc. Attended Del Mar College. Activities include: Professional Musician. Recipient of Civic Service Award, 1984, Reserve Deputy of the Year, 2002 and Meritorious Public Service Award, 2003. (7- 14 -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) Donald Doolittle Retired, Control Tower Operator /Radar Air Traffic Controler /Shift Supervisor, Federal Aviation Administration. Received AA Degree from Sierra Nevada College at Reno, Nevada. (6 -3 -09) Vincent E. Doyle Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4-1 7-09) Joseph M. Dudek Shannon Gabriel Mike Garey Robert G. Goodwin Aviation Maintenance Coordinator, Del Mar College. Received Bachelor and Master of Science from Texas A &M University - Corpus Christi, Aviation Technology Diploma from Hallmark Institute of Technology, San Antonio, Texas, and A.A.S Aircraft Specialist from St. Philips College, San Antonio, Texas. Activities include: USS Lexington Museum on the Bay, Del Mar College Aviation Maintenance Club Advisor, and Aviation Technician Education Council Board Member. Recipient of Del Mar College Program of Excellence 2007. (3 -31- 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) Senior Pilot/Director of Aviation Maintenance, JV Industrial Companies. Retired from Department of Homeland Security, Customs and Border Protection, and (CBP) Air and Marine. Received training from Houston Community College, Federal Law Enforcement, Federal Aviation Administration, and National Finance Center. Activities include: Coastal Bend law Enforcement Intell Sharing Group and Transportation Security Agency (TSA). (11 -3 -08) Kelly Harlan Director of Operations/Pilot, Lone Star Overnight. Attended Embry- Riddle Aeronautical University. Activities include: FAA FAAST Safety Team Representative, AOPA Airport Representative, and Flight Instructor. (5 -7 -09) Eduardo Hinojosa Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School. Received the "Rancher of the Year" Award. (4- 13 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Robert Jacobi 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. (1- 20 -10) Glenn R. Jones Realtor, Coldweil Banker Pacesetter Steel. Received BS in Business Economics, State University of New York. Retired United States Navy Air Traffic Controller. Activities include: National Association of Realtors, Texas Association of Realtors, and Corpus Christi Association of Realtors. Currently serves on the Transportation Advisory Committee. (1- 27 -10) Jeffrey Kane Edward Frank Lewis Comptroller, Sam Kane Beef Processors. Received BBA in Marketing from Texas A &M University - Corpus Christi. Activities include: PRIDE Corpus Christi Volunteer, American Cancer Society Cattle Baron's Ball. Graduate of Leadership Corpus Christi Class XXXVIII. (11- 18 -09) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -09) Sally Ann Lewis Educational Technology Consultant, Pearson. Received an Associates Degree in Psychology from Del Mar College. Received a Bachelor', Degree in Psycholgoy /Education from Corpus Christi State University. Activities include: Texas Staff Developers Association, Texas Middle School Reform, and National Staff Development and Training. Recipient of Teacher of the Year at Montclair Elementary, Cunningham Middle School and Baker Middle School. (2- 22-10) William McCord President, WKMC Architects, Inc. Received Bachelor of Architecture from University of Texas at Austin. Activities include: American Institute of Architects, Design/Build Institute of America, USS Lexington Museum on the Bay Director, and Corpus Christi Yacht Club Director. (5 -8 -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) Anthony John Mulheron Adam Nuse Keith Parker Dudley Prewitt Aircraft Production Lead, AECOM. Attending Del Mar College. Activities include: Wounded Warrior Project Soldier, Independence Masonic Lodge 1337 and HEART — Hero's Assistance Program. Recipient of Army Achievement Civilian Award. (12 -7 -09) Vice President, Corpus Christi Hooks Baseball Club. Received Business/Marketing Degree from University of Oklahoma and Masters Degree in Sports Management from Wichita State University. Activities include: USO of South Texas and American Red Cross. Graduate of Leadership Corpus Christi Class 37. (8 -4 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Currently serves on the CCCIC /Loan Review Committee. Activities include: ASHRAE and AEE. (4- 23 -09) Retired, Transportation Security Administration. Attended Texas Tech University. Served in the United States Navy. Activities include: State of Texas - Licensed Irrigator and Professional Association of Dive Instructors. (4- 17 -09) Wesley Reed Amber Sayre Lyndon Smiling Pilot, FedEx Express. Received a BA in History from College of Wooster and Naval Aviator Flight Training, United States Marine Corps. Activities include: Air Line Pilots Association. (11- 18 -09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Project Manager, Derco Aerospace. Received BS in Technical Management from Embry - Riddle Aeronautical University. (12 -7 -09) Claude R. Smith Retired, United States Army. (7- 24 -09) Jodi Steen President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Currently serves on the CCCIC /Loan Review Committee. Activities include: Board of Trustees for Art Museum of South Texas and BACC. (1- 26 -10) Wilson B. "Bill" Stewart Retired, Federal Aviation Administration. Licensed Pilot. Aviation Consultant. Formerly Served on the Airport Advisory Board. Received a Bachelor of Science Degree in Business Management. (5- 22 -09) Gloria Sykes - Saucedo Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (1- 14 -10) Ernest M. Trevino, Jr. Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force. (12 -26- 08) Michael Tromm 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) Roger Vazquez Larry L. White Qualified Mental Health Professional/Crisis Worker, Avail Solutions, Inc. Received Bachelor's Degree in Psychology from University of Texas at Austin. Currently Pursuing Master's in Clinical Psychology from Texas A &M University - Corpus Christi. Activities include: Delta Sigma Phi Fraternity Alumni and Texas Exes Alumni Association. Formerly Volunteer Crisis Counselor for Crisis Intervention of Houston. (10 -5 -09) Process Engineer, DuPont. Received BS and MS in Chemical Engineering from Louisiana Tech and MS in Environmental Engineering from Memphis State. Activities include: American Institute of Chemical Engineers, Corpus Christi Bucarader, and Water's Edge Pipe and Drum Band. (6 -5 -09) b. BOARD OF ADJUSTMENT — Seven (7) vacancies including five (5) regular members and two (2) altemate members with terms to 4 -4 -12. (NOTE: The board has a policy of requesting the appointment of an Alternate member to a regular voting position and the appointment of a new person to fill the Alternate position.) DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD. DATE *R. Bryan Johnson 4 -04 -10 4 -08 -08 * * ** *Taylor Mauck, Chair 4 -04 -10 4 -13 -04 * * ** *William Tinney 4 -04 -10 4 -13 -04 *Dan Winship 4 -04 -10 8 -23 -05 *Ben Molina 4 -04 -10 11 -8 -05 *Morgan Spear (Alternate) 4 -04 -10 12 -9 -08 *Thomas E. McDonald (Alternate) 4 -04 -10 4 -08 -08 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Dan Winship 11 9 82% R. Bryan Johnson 11 10 91% Ben Molina 11 11 100% Morgan Spear (Alt.) 11 10 91% Thomas McDonald (Alt.) 11 9 82% OTHER INDIVIDUALS EXPRESSING INTEREST Savannah Nicole Antunez Received AA in Psychology from Del Mar College and BS in Psychology from Texas Woman's University. Activities include: The Cattery Cat Shelter and Private Tutor. (3 -5- 10) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation James L. Boller IV Vice President, Jim Boller & Asociates, Inc. Activities include: Corpus Christi Country Club. (4 -24 -09 Gene Clancy Carl Hellums William Paul Hunt John Douglas McMullan Claude R. Smith Gloria Sykes - Saucedo Joy Ohler Stevens Waylon D. West Design Resource Manager for Construction, Susser Holdings Corporation. Attended Houston Community College. Activities include: National Association of Convenient Stores, Petroleum Equipment Institute, Industry Council on the Environment, and Committee for Clean Texas in Austin- Texas Commission on Environmental Quality. Former Board of Adjustments — Chair. (4- 28 -09) Appraiser, Tasador, Inc. Received Bachelor of Science and Masters of Land Economics and Real Estate from Texas A &M University at College Station. Activities include: St. James Episcopal School. (2 -3 -10) 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) 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) Retired, United States Army. (7- 24 -09) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (1- 14 -10) Retired. Cashier at Safeway /Vons. Activities: include: Volunteer at Heritage Park, Habitat for Humanity, and American Sailing Association. (4- 17 -09) Senior Designer, Maverick Engineering. Received AA from Eastern Arizona College. Activities include: Bayfest Volunteer. (5- 22 -09) c. FOOD SERVICE ADVISORY COMMITTEE - One (1) vacancy with term to 6 -24 -10 representing the following category: Community at Large. DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art. 19 -84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative, and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three -year term. ORIGINAL MEMBERS TERM APPTD.DATE Joshua Hinojosa (Food Industry) 6 -24 -11 2 -12 -08 Lisa Pollakis (Food Industry) 6 -24 -12 6 -30 -09 Jack Baker (Food Industry) 6 -24 -12 6 -30 -09 Dr. Nina Sisley (Community at Large) 6 -24 -11 6 -14 -05 Isabel Aguilar (Community at Large) 6 -24 -11 6 -30 -09 Gabriel G. Hernandez (Food Industry) 6 -24 -10 6 -19 -07 ** *Beverly Rogers (Community at Large) 6 -24 -10 7 -13 -04 INDIVIDUALS EXPRESSING INTEREST Robert Boyle Sylvia R. Cantu Retired Sales/Manager /Training, Sysco Foods. Received BBA from Stephen F. Austin. Activities include: Boy Scouts of America Troop 2 and Bayfest. (6- 12 -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 Chase Carlisle Austin Harbin Anthony Hernandez Edward Kownslar Carlos R. Moreno Eulalia Puentes Amber Sayre Ted Schroeder 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. (1 -4- 10) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3- 22 -10) Self — Employed, Texas Food Management Program., L.L.C. Attended Del Mar College. Texas Certified Food Protection Management Instructor. Food Protection Content Expert. Servsafe Certified Instructor. Recipient of Culinary Arts Silver Medal from Texas Chef's Association and National Catering Association Award of Merit. (3 -11- 10) Associate Director, Mary and Jeff Bell Library, Texas A &M University - Corpus Christi. Received Bachelor's Degree from University of Kansas, Master's Degree from University of North Texas, and Master's Degree from Texas A &M University - Corpus Christi. Activities include: Board of Directors - Family Counseling Services of Corpus Christi, Texas Library Association and American Library Association. (10 -9 -08) Food Service Manager, Stripes #2120. Activities include: LULAC Council #1. Recipient of LULAC Man of the Year. (2- 24 -09) Attended College. Formerly Served as Commissioner of Housing Authority. Activities include: Elections. (2 -9 -10) 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) Doan Shockley Gloria Sykes - Saucedo Director of Restaurant Services, Stripes. Received BS from the University of Houston and A.O.S from The Culinary Institute of America -Hyde Park. Former Instructor at Conrad N. Hilton College at University of Houston. (6 -8- 09) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (1- 14 -10) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) d. TRANSPORTATION ADVISORY COMMITTEE — Four (4) vacancies with terms to 4 -30 -11 and 4- 30 -13. (Note: One member has traditionally been the incumbent security officer at the Naval Air Station.) DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice - Chairman annually. ORIGINAL MEMBERS TERM APPTD. DATE * * ** *William Green, Chair 4 -30 -10 5 -11 -04 Karen Beard 4 -30 -12 5 -30 -06 Edd Price 4 -30 -11 5 -26 -09 * *Glenn R. Jones 4 -30 -10 11 -13 -07 *Eloy Barrera Soza 4 -30 -10 11 -13 -07 Curtis A. Rock 4 -30 -11 5 -30 -06 Sheila Cudd 4 -30 -12 2 -10 -09 Daniel Carrizales 4 -30 -12 12 -20 -05 ** *Damien Lamont Holmes (NAS Security Officer) 4 -30 -11 11 -13 -07 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Eloy Barrera Soza NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 11 7(4exc) 66% Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Chase Carlisle Anthony E. Colosi Mike Garey Anthony Gavlik Kevin Horrigan William Paul Hunt Robert Jacobi 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. (1 -4- 10) Police Training Officer, Security Department, United States Navy. Activities include: Career Counselor and Safety Officer for Sailors, Bay Area Fellowship and Involved in Sports. Recipient of Navy Achievement Medal, Good Conduct Medal, Navy Outstanding Volunteering Service Medal and Iraqi Freedom and Global War on Terrorism. (NAS Security Officer) (3- 24 -10) 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) 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, 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) 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. (1- 20 -10) Jacey Jetton John Douglas McMullan Peter G. Melve Joel S. Mumphord Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18 -09) 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) Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3 -2 -09) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (5- 21 -09) Dennis Richard Slowinski Instructor Pilot, United States Air Force. Received B.A. from Norwich Military University, United States Air Force Undergraduate /Graduate Pilot Training from Columbus Air Force Base and Corpus Christi Naval Air Station. 2008 Graduate of United States Air Force Squadron Leadership Officers School and Currently Pursuing Master of Professional Studies in Community and Economic Development. Activities include: Unites States Air Force Association, South Texas Chapter of the Military Officers Association, Coastal Bend United Way, South Texas Special Olympics, and Lead Organizer for 208 National Night Out/Neighborhood Watch Initiative. Recipient of United States Air Force Air Medal for Bravery in Combat and Commendation Medal. (10 -7 -08) Lyndon Smiling Gloria Sykes - Saucedo Project Manager, Derco Aerospace. Received BS in Technical Management from Embry- Riddle Aeronautical University. (12 -7 -09) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (1- 14 -10) Michael Tromm Waylon D. West 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) Senior Designer, Maverick Engineering. Received AA from Eastern Arizona College. Activities include: Bayfest Volunteer. (5- 22 -09) 3 Request Council Date: 4/13/10 Alternate Date: 4/20/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of two (2) mini track excavators and two (2) trenching machines from the following companies for the following amounts for a total amount of $156,857.52. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Gas Department. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. John Deere Construction Retail Sales Moline, Illinois Line Item: 1 Mini Track Excavators $56,627.52 Vermeer Equipment of Texas, Inc. Round Rock, Texas Line Item: 2 Trenching Machines $100,230.00 Grand Total: $156,857.52 *********************************************************** * * * * * * * * * * * * *** * * * * * * * * * * * * * * ** Purpose: Basis of Award: The equipment will be used by the Gas Department for excavation work in utility right -of -way and easement areas and trenching and backfilling requirements. Both units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and /or electronic auctions. The equipment will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. Robstown Hardware Company, Robstown, Texas will be the local delivering and service dealer for the track excavators. Vermeer Equipment of Texas, Inc., Corpus Christi, Texas will be the local delivering and service dealer for the trenching machines. Price Comparison: The City purchased a similar track excavator for the Gas Department in FY 07 -08. Pricing has remained stable on this unit. Funding: Maintenance Services 5110- 40120 - 550020 Capital Item No's.: A -62 A -63, A -64, & A -66 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com FY 09 -10 $156,857.52 : ;unowy Ie ;ol pue,ie 29'199 99 6 : ;unowy papJeMV N m �- m mm-' CD a� cox O o 53 5 m z- 0- ro m z 0 N CD v c z CA N CO w_ V C) Eft 4A 0) ) c) 0 N N -4 V N N 00'00`001.$ O m ifl w 0 0 0 0 0 N 0 0 z < 000 m 3 am 0m 13 P o x 3 0 D mr uoi;ortpuoa aieea uyor 0 CO 'U C) 0 C C =I Zm00 co O xi R1 c — !2 0 Dp o o prz- z -_I D 0 0 m x 0 <W )v oz 7J <W z >v 0-+-I mzc zz ›r- T- 03 o Z z GI 0 z m 4 Requested Council Date: 04/13/10 Alternate Date: 04/20/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 300,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0107 -10 based on only bid for an estimated twelve -month expenditure of $273,270 of which $68,317.50 is required for the remainder of FY 2009 -2010. The term of the supply 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 the Wastewater Department in FY 2009 -2010. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: This chemical will be used by the Wastewater Department for odor control at sixteen (16) treatment locations. Previous Contract: The option to extend the previous contract was not exercised due to revisions to specifications, thus requiring new bids to be received. Bid invitations Issued: Twenty -Six Bids Received: One Price Analysis: When compared to the previous contract, pricing has decreased 5 %. Award Basis: Only Bid Historically, the City has received limited bids for this chemical. Included with the supply of chemical are holding tanks and chemical feed injectors. Additionally, the supplier performs testing and analysis of the performance of the chemical and reports these findings to the Wastewater Department. These requirements limit the pool of qualified suppliers of this chemical. Funding: Wastewater Department 520010- 4200 -33100 520010- 4200 - 331.10 520010- 4200 -33120 520010- 4200 -33130 520010- 4200 -33140 FY -09/10 $7,095.00 47,056.00 5,229.50 4,593.00 4,344.00 Total $68,317.50 (3 months) Funding for this award will be made partially from the current fiscal year. The funds shown above represent 3/12 of the entire award. The remaining funds required for this award will be requested to be funded from the FY 2010/2011 proposed budget. Mi '`. el Barrer Assistant Director of Financial Services (361) 826 -3169 mikeb @cctexas.com w 9 / Ca) g.( -08(D $/ HOC 7& a) 0_ E f§ /$] CO 5 .c CD co 7 @ 7 a © n (D $ < = 13 0) W. E_ -0 @x \ 0_ / 2 a A § J O R X 2%� 3Fm a) 0 00 p�k Ek§ = a - J a K g= CL Z EJ2_ § CO Z O o ] (0 % • E 5 5. 2 cp -� J ƒ�� k J ® E E E CD = \/ 0 x�� (D �§ 0- ��a 0 § . m 0 7 Er 2 _2 @ , p m 0 m Move a tank as Directed by City to a new location Nuel MaN pp`d 00- co m E ] 8 2 § rar ,s� ƒ5.E CD k 0) 03 � � n o -0 2G� o -0 § (0 m — � @ — / E a. /k° § 7• o ° ° ( <k NOI1d12I0SJa 0 0 0 0 0 O / @ < CD S S q E $ « % c Z G . 0 01 O 0 01 0 0 O o 0 0 0 0 0 0, 9 0 Q � 0 0 k 0 0 m 9 k 00'000'ZZZ$ c k ¢ 90PJd papualxj /S O %m 7rn- zz ox -nn eta _q /c \ c � 0 �cH 2 >z @ m 5 Requested Council Date: 4/13/10 Alternate Date: 4/20/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Altivia Corporation, Houston, Texas for approximately 448,100 pounds of sodium hypochlorite solution in accordance with Bid Invitation No. BI- 0064 -10, based on low bid for an estimated six month expenditure of $223,236.40 of which $111,618.20 is required for the remainder of FY 2009 -2010. The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2009 -2010. **************************************:*:****** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: The Sodium Hypochlorite Solution will be used for disinfection of treated effluent and for hydrogen sulfide odor control at four Wastewater Treatment Plants. The Greenwood and Whitecap Treatment Plants do not require this chemical; disinfection of treated effluent is done with ultraviolet light. Previous Contract: The option to extend the current contract was not exercised due a projected softening in the market. Bid invitations Issued: Twenty -Nine Bids Received: Five Price Analysis: As projected, pricing for sodium hypochiorite solution has decreased approximately 37% since the last contract of August 2009. Award Basis: Low Bid Funding: i Mi el Barrera, As stant Director of Financial Services (361) 826 -3169 mikeb @cctexas.com Wastewater Department FY -09/10 520010- 4200 -33100 $26,642.00 520010 -4200 -33110 59,931.16 520010- 4200 -33130 14,798.00 520010- 4200 -33140 10,247.04 Total: $111,618.20 (3 months) Funding for this award will be made partially from the current fiscal year. The funds shown above represent 3/6 of the entire award. The remaining funds required for this award will be requested to be funded from the FY 2010/2011 proposed budget. Ote9£Z'£ZZ$ G9 0) N 0 0 G9 A W 20 0 O 8 N 0 co sAelep 6wpeolun A - W N 6'W .-'2W O W A R N a 7 5'a. a. .a o y o o R/ o 6 ud ro ▪ T a uopntoS 01!1o1430dAH umtPoS p L N 0) a O C7) a--.4 l O O N C77 01 00) CO 0 Qty Unit S N N 0 N 0) -4 O A 01 O 0 �A(pp A O _(NO O O O A co O O A A (O W OD o G9 O A co EA N W O Altivia Corporation Houston, Texas P O O -a CID 0) O O 0 (WO N W N 007 co (O 0 W0 W W QO O 0 0 (WO W OD C» N 00 CO l 0 N (A cn W 00 0) DPC Industries, Inc. Corpus Christi, Texas W 0 N 0) G O O W N W W W Vt 0 O W W AO N 0 0 0 O W A W 0) 0 G9 0) N b 0 0 Poolsure Houston, Texas V 07 cvn O V V r N 01 O V V A W 0 O V V en OD N m G9 O V V N7 O Basis Chemical Solution Redwood City, CA 01 V p O O OD W W AW 0D 0 0 CO N W v 0 0 0 in CO N 17 V �A A el 0 0 CO W ID 0) <T 00) W 1General Chemical Parsippany, NJ C) W U C) O c T N "< C) D 0 D > Z 0 al r9 Fn- -a vc D r- <<n oz� w0 -I Z — o� 00 NOIlf11OS 3II2IO1HOOdAH WfIOOS 01,- 7900 -I8 N011y -nevi 418 6 Requested Council Date: 04/13/10 Alternate Date: 04/20/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Star Operations, Inc., Corpus Christi, Texas for highway and roadway lighting maintenance and repair in accordance with Bid Invitation No. BI- 0122 -10 based on low bid for an estimated twelve -month expenditure of $354,688.00. The term of the service 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 service provider and the City Manager or his designee. Funds are available in the General Fund in FY 2009 -2010. ************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Pursuant to the City of Corpus Christi's Municipal Maintenance Agreement (MMA) with the Texas Department of Transportation (TXDOT), effective February 22, 2010, the City of Corpus Christi (City) is responsible for the maintenance and repair of high -mast lighting on IH 37 from US 181 to Lantana Street and on SH 358 (SPID) from Ayers Street to Airline Road; and maintenance and repair of other lighting on TXDOT's non - site - specific roadways within the City of Corpus Christi. Thus, the City has competitively bid this service and recommends Star Operations, Inc. Bid invitations Issued: Three Bids Received: Three Award Basis: Low Bid Funding: Engineering Services FY -09/10 530235- 1020 -12460 $354,688.00 Total $354,688.00 ael Barrera sistant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com 3 co ■c-1. N � a O n O 0 ft soo n � co r cro 5 co MOLLdRIDS3G ca. Nw W D •P A 0 -co ID Z c co o 0 EA w CZ CO w GT 03 a0 O O 03. -. D cn O iv Z O 0 00 O 0 0 01 CO N C0 03 O O OLOZ '£l. 116dd :31va IIONfOO SENIOR BUYER: GABRIEL MALDONADO NOISIAIG ONISVH02ifld IlSRIHO 0 x o a dd >c ra �z 0 O a 20 rd N a� rTl V sncwoo JO A110 NOI1d1f1HV1 QIU CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 13, 2010 AGENDA ITEM: Ordinance approving the transfer of $60,858.00 from the Maintenance Services Fund No. 5110 to and appropriating in the Visitors Facilities Fund No. 4710 for water damage repairs to the Selena Auditorium building at the American Bank Center; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations and revenues by $60,858.00 each; and declaring an emergency. ISSUE: Selena Auditorium was in need of repairs related to water damage discovered in various back stage mechanical rooms and hallways. These areas are not open to the public and are not used by performers. The damage required immediate repair to prevent further deterioration, which would in turn increase the cost of repairs. The repairs have now been completed, and a transfer and appropriation of funds is required to authorize payment. ADDITIONAL INFORMATION: Paperwork has been submitted to the City's property insurance carrier in order to determine if the damages qualify for reimbursement as a valid claim. Any funds received from the insurance carrier will be used to reduce the amount required from City funds. REQUIRED COUNCIL ACTION: Approval of Ordinance is required. PREVIOUS COUNCIL ACTION: NONE CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the Ordinance as presented. Cindy O'Brien Interim Assistant City Manager — Administrative Services Cindy0@cctexas.com cctexas.com 361 - 826 -3217 Attachment: Ordinance Page 1 of 2 ORDINANCE APPROVING THE TRANSFER OF $60,858.00 FROM THE MAINTENANCE SERVICES FUND NO. 5110 TO AND APPROPRIATING IN THE VISITORS FACILITIES FUND NO. 4710 FOR WATER DAMAGE REPAIRS TO THE SELENA AUDITORIUM BUILDING AT THE AMERICAN BANK CENTER; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 TO INCREASE APPROPRIATIONS AND REVENUES BY $60,858.00 EACH; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That an amount of $60,858.00 from the Maintenance Services Fund No. 5110 is transferred to and appropriated in the Visitors Facilities Fund No. 4710 for water damage repairs to the Selena Auditorium building at the American Bank Center. SECTION 2. That the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed to increase appropriations and revenues by $60,858.00 each. 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 , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVD as to forri, 05- Apr -10 By: r \ Veonica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA ITEM S \10 \041310 \041310 ORD- Transf + Approp $60,858 water repair to Selena Auditorium.doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 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- DIR \VeronicaO \1.ENG \1 AGENDA ITEM S \10 \041310 \041310 ORD- Transf + Approp $60,858 water repair to Selena Auditorium.doc 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 13, 2010 AGENDA ITEM: Ordinance appropriating $575,000 from the proceeds of a loan from the Corpus Christi Housing Finance Corporation in the No. 1020 General Fund in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building at the corner of Chaparral and Schatzel Streets; changing the FY 2009 -2010 Operating Budget, adopted by Ordinance No. 028252 by increasing expenditures by $575,000; and declaring an emergency. ISSUE: On March 23, 2010, the City Council authorized the borrowing of up to $575,000 from the Corpus Christi Housing Finance Corporation in connection with financing the acquisition and renovation of the parking lot adjacent to the Ward Building on Chaparral Street and Schatzel Street. This agenda item is needed so that the funds can be appropriated and expended. PREVIOUS COUNCIL ACTION: December 11, 2007 — The City Council approved staff City to acquire interests in the Ward Building in downtown Corpus Christi and the adjacent parking lot in order to renovate the parking lot and create a minimum of 36 new, covered parking spaces to support downtown housing development. (The interests were acquired in August 2008.) March 23, 2010 — The City Council authorized the borrowing of up to $575,000 from the Corpus Christi Housing Finance Corporation in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. March 23, 2010 — The City Council authorized the execution of a Parking Lot Management Agreement with the Corpus Christi Downtown Management District concerning the parking lot located adjacent to the Ward Building on Chaparral Street and Schatzel Street. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the ordinance as submitted. Constance P. Sanchez Interim Director of Financial Services e -mail: constancep @cctexas.com phone: (361) 826-3227 Attachment: Ordinance Page 1 of 3 ORDINANCE APPROPRIATING $575,000 FROM THE PROCEEDS OF A LOAN FROM THE CORPUS CHRISTI HOUSING FINANCE CORPORATION IN THE NO. 1020 GENERAL FUND IN CONNECTION WITH FINANCING THE ACQUISITION AND RENOVATION OF THE PARKING LOT LOCATED ADJACENT TO THE WARD BUILDING AT THE CORNER OF CHAPARRAL AND SCHATZEL STREETS; CHANGING THE FY 2009 -2010 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES BY $575,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $575,000 from the proceeds of a loan from the Corpus Christi Housing Finance Corporation in the No. 1020 General Fund is appropriated in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building at the corner of Chaparral and Schatzel Streets. SECTION 2. That Ordinance No. 028252, which adopted the FY 2009 -2010 Operating Fund, is changed to increase expenditures in the Fund 1020 General Fund by $575,000 in connection with financing the acquisition and renovation of the parking lot located adjacent to the Ward Building at the corner of Chaparral and Schatzel Streets. 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 on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Ward Parking Approp Ord 04062010a Joe Adame Mayor Page 2 of 3 APPROVED: April 6, 2010 R. J eirjing First Assistant City Attorney For City Attorney Ward Parking Approp Ord 04062010a Page 3 of 3 Corpus Christi, Texas day of , 2010 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 Ward Parking Approp Ord 04062010a 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 4/13/10 AGENDA ITEM: RESOLUTION ENDORSING CERTAIN LEGISLATIVE CHANGES AS RECOMMENDED BY "STAP" RELATING TO THE SUNSET REVIEW OF THE TEXAS PUBLIC UTILITY COMMISSION AND THE SPECIAL PURPOSE REVIEW OF THE ELECTRIC RELIABILITY COUNCIL OF TEXAS. ISSUE AND BACKGROUND: STAFF REPORT REGARDING THE RESOLUTION ENDORSING STAP'S 2010 SUNSET ADVOCACY PURPOSE The City of Corpus Christi is a member of South Texas Aggregation Project, Inc. ( "STAP "), which is a coalition of over 40 cities in South Texas that through the STAP organization procure power for city operations. The STAP Board of Directors, in which I serve as Vice - Chairman, has authorized participation with certain legislative efforts being pursued by Cities Aggregation Power Project ( "CAPP "), our brother organization of cities in North Texas, and the Steering Committee of Cities Served by Oncor pertaining to the Sunset Commission's review of the Public Utility Commission ("PUC") and the Electric Reliability Council of Texas ( "ERCOT "). The Sunset agency's recommendations pertaining to both organizations are expected to form the basis of bills during the 82nd Legislative Session in 2011. As such, STAP will recommend legislative action related to the Sunset Commission's examination of both the PUC and ERCOT. In addition, STAP will offer all resolutions of its member cities during Sunset hearings to apprise lawmakers of STAP Cities' perspective on how to make the electric market more competitive and beneficial to consumers. BACKGROUND In 1999, Texas lawmakers adopted Senate Bill 7, the state's electric deregulation law. The legislation expanded competition in the wholesale electricity market and opened the door to competition among electric retailers. Proponents of the legislation promised lower electric prices. Unfortunately, the reality has been otherwise. Although Texans paid electric prices well below the national average during the decade before Senate Bill 7 was passed, customers in deregulated parts of the state now pay prices above the national average. In fact, even the lowest residential electric rates in deregulated areas of Texas typically exceed rates paid by all residents of neighboring states, such as those in Oklahoma and Louisiana. STAP believes that for deregulation to fulfill its promise, the market must become more competitive. Problems include the ability of some generators to exercise monopoly -like control in large swaths of the state, and the inability of many consumers to make informed choices because of confusion in the retail electricity market. Efforts to address market design issues by ERCOT also have been mismanaged, gone over budget and fallen behind schedule. As an active market participant, STAP is in the unique position to identify problems that have developed in the deregulated marketplace and to provide a consumer's perspective to legislators interested in fixing those problems. Based upon this point of view, STAP, CAPP and the Steering Committee of Cities Served by Oncor have formulated recommendations for the Sunset Advisory Commission as it conducts its PUC and ERCOT reviews. STAP's recommendations are intended to improve competition in the electric market place by making the PUC and ERCOT more accountable to consumers, by limiting market power, and by creating competitive options for all customers. STAP's recommendations reflect the organization's desire for a truly healthy electric market where consumers can save and competition can flourish. Such a market — one where power remains affordable and reliable — will mean more economic development for Texas cities, and a better standard of living for our citizens. STAP Recommendations: Legislative change is necessary to better protect cities' budgets, enhance cities' ability to protect their citizens, and increase competition among retail providers. The following changes are proposed: • All generators, regardless of size, should explicitly be barred from the unlawful exercise of market power. Current PUC rules protect relatively small generation companies from prosecution for anti- competitive behavior. But generators that control a small portion of the wholesale electricity market can sometimes have a big impact on prices. For instance, a relatively small operator in Texas temporarily drove up overall spot market prices in 2007 by engaging in an energy bidding practice that the Wall Street Journal said was "reminiscent of one that played a role in the meltdown of California's electricity market." • Entities such as municipalities, commercial customers or retail electric providers harmed by wholesale market abuse should be given explicit standing to participate in market power abuse enforcement actions brought by the PUC. In 2007, the Texas Public Utility Commission initiated an enforcement proceeding against an electric generation company for allegedly engaging in anti - competitive behavior. PUC staff found that improper actions by the company during a short interval in 2005 had increased overall wholesale energy costs by more than $50 million. However, Retail Electric Providers, municipalities and others harmed by these higher costs were barred from participating in the enforcement proceeding. Such entities can contribute resources and expertise to the often overburdened PUC. • Fines should be increased for market abuses in such a way that the PUC can order full restitution to the market, market participants, or parties injured by the violation. In the above case, this company's improper behavior was found by the PUC staff to have caused more than $50 million in harm to the wholesale energy market. However, the PUC fined the company only $15 million — an amount not even equal to the extra revenue the PUC said the company generated from its anti - competitive activities. • Activities defined as market abuse by the Federal Energy Regulatory Commission should be prohibited. According to a 2007 Wall Street Journal report, a generation company operating in Texas has freely engaged in an activity that appears to be very similar to energy bidding practices associated with Enron behavior in California. However, the activities are not expressly prohibited in Texas and as a consequence of the company's actions, it can collect $157,000 an hour to run its plant — or more than 10 times the amount it would collect under more typical circumstances, according to the newspaper. The FERC, with authority over most wholesale electricity markets in the U.S., has the ability to recognize, define and prohibit market power abuse. Texas should prohibit the type of market abuse that occurs elsewhere in the country, as prescribed by the FERC. • The statutory purpose of the PUC should be modified to ensure that the agency harmonizes its pursuit of competition with the protection of electric consumers. Leaders at the Texas Public Utility Commission are some of state government's most enthusiastic advocates for electric competition. However, in their zeal to promote the Texas deregulation law, leaders at the PUC have overlooked the higher electric prices paid by Texans relative to electric prices elsewhere. A slight adjustment of the Public Utility Regulatory Act would direct the agency to maintain its focus on consumer protection, even while it continues promoting electric competition. • As a condition of conducting business in Texas, Retail Electric Providers ( "REPs ") should be required to include among their offers one standard electricity package that has PUC- approved terms and conditions. Such standard offer products will ensure that REPs compete based on price, not on customer confusion. Comparing electric deals can be difficult. A quick review of the powertochoose website reveals a bewildering array of offers, each with difficult -to- comprehend fine print. Because the details of each offer vary, it is nearly impossible for consumers to make apples -to- apples comparisons when they shop for electricity. Requiring REPs to include among their offers a standard deal established by the Public Utility Commission would reduce confusion among residential electricity consumers. REPs would have the freedom to price such standard deals in any way they see fit. The number of consumer representatives on the ERCOT board should be increased from the current three members, to six. The ERCOT board sets many important rules for the Texas wholesale electricity market. The board is comprised of men and women who represent electric generation companies, retail electric providers and others with a financial stake in the market. However, end -use consumers — that is, those who ultimately pay all costs associated with the market -- have been historically under - represented. As a consequence, consumers have been unable to block or mitigate potentially expensive initiatives that may benefit those with a financial interest in higher electric prices, but which do not hold any clear benefit for end -use consumers. • The Office of the Comptroller should be assigned a seat on the ERCOT board and on appropriate budget oversight panels within ERGOT. The Comptroller's office should be given access to all ERCOT contracting material and be charged with conducting a bi- annual performance review of ERCOT. Mismanagement at ERCOT has led to cost overruns and even criminal convictions by top officials there. in 2003, for instance, the PUC directed ERCOT to begin making important changes to its management system for the wholesale electricity market. These changes were estimated to cost no more than $76.3 million and were expected be in place by Oct. 1, 2006. Unfortunately, the project's costs have increased by at least 800 percent, and it is now four years behind schedule. Comptroller oversight would help discourage such costly missteps in the future. • The PUC should be required to provide prior approval of all debt financing by ERCOT. Debt service costs at ERCOT has increased by more than 400 percent since the 2003 fiscal year. The organization also has increased its use of debt to finance capital projects in recent years, including at least one recent capital project that is 100 percent financed with debt. More PUC oversight is required to ensure that the organization does not meet its annual budget targets through the inappropriate use of debt to shift costs into the future. The STAP Board, made up exclusively of City representatives, requests that the City Council pass the attached resolution endorsing STAP's legislative /Sunset Review agenda. REQUIRED COUNCIL ACTION: Adoption of the attached Resolution. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council adopt the attached resolution. udy D. Garza Intergovemmen lations Dire rudyga@cctexas.com 361 - 826 -3082 RESOLUTION ENDORSING CERTAIN LEGISLATIVE CHANGES AS RECOMMENDED BY "STAP" RELATING TO THE SUNSET REVIEW OF THE TEXAS PUBLIC UTILITY COMMISSION AND THE SPECIAL PURPOSE REVIEW OF THE ELECTRIC RELIABILITY COUNCIL OF TEXAS. WHEREAS, the City of Corpus Christi is a member of South Texas Aggregation Project, Inc. ( "STAP "), a non - profit organization created by cities throughout Texas to secure affordable energy for its members in the deregulated electric market; and WHEREAS, affordable and reliable power means economic development for our cities and a better standard of living for our citizens; and WHEREAS, by deregulating the retail electric market, Senate Bill 7 of 1999 ( "SB 7 ") was intended to allow competitive forces to drive down the price of electricity; and WHEREAS, STAP's eight -year experience with the deregulated market, including negotiating power contracts with several different retail electric providers, indicates that the Texas electric retail market has failed to develop into a truly competitive market as envisioned by the Texas Legislature; and WHEREAS, competition has failed to develop in the deregulated electric market because certain power generation companies own or control enough generation capacity to exercise market power to the detriment of customers and non - affiliated retail electric providers; and WHEREAS, alleged market power abuse inquiries conducted by the Public Utility Commission ( "PUC ") are hampered by the lack of adequate resources because the parties hurt by the illegal activity, like cities, are not allowed to participate in the investigations; and WHEREAS, the managers at the Electric Reliability Council of Texas ( "ERCOT ") have failed to adequately manage expenses and operations. The most obvious example is ERCOT's implementation of a nodal market — a project now four years behind schedule and expected to cost at least eight times original estimates; and WHEREAS, the Sunset Advisory Commission is expected to recommend legislative reforms for the PUC and ERCOT; and WHEREAS, the City supports all such legislative reforms that promote a truly healthy electric market where competition can flourish and consumers can save money; and WHEREAS, the City endorses efforts proposed by STAP that enhance electric competition, implement the original intent of SB 7, and reduce costs to the City and its residents. STAP Resolution 03162010 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City urges reforming the PUC and ERCOT in such a way as to enhance competition in the deregulated market, to promote consumer protection and to encourage the sale of affordable electricity. Specifically, the City urges the Texas Legislature, as it considers changes recommended by the Sunset Advisory Commission, to adopt reforms consistent with the following: • All generators, regardless of size, should explicitly be barred from the unlawful exercise of market power. • Entities such as municipalities, commercial customers or retail electric providers harmed by wholesale market abuse should be given explicit standing to participate in market power abuse enforcement actions brought by the PUC. Fines should be increased for market abuses in such a way that the PUC can order full restitution to the market, market participants, or parties injured by the violation. • Activities defined as market abuse by the Federal Energy Regulatory Commission should be prohibited. The statutory purpose of the PUC should be modified to require it to harmonize its pursuit of competition with the protection of consumers of electricity. As a condition of conducting business within Texas, competitive Retail Electric Providers (REPs) should be required to include among their offers one standard electricity package that has PUC- approved terms and conditions. The number of consumer representatives on the ERCOT board should be increased from the current three members, to six. The Office of the Comptroller should be assigned a seat on the board as well as on appropriate budget oversight panels within ERCOT. The Comptroller's office should be given access to all ERCOT contracting material and be charged with conducting a bi- annual performance review of ERGOT. The PUC should be required to pre- approve all debt financing by ERCOT. Section 2. A copy of the resolution will be sent to the elected lawmakers representing the City's interests in the Texas House and Senate and to the legal counsel of STAP. STAP Resolution 03162010 2 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 16th day of March, 2010. R. Jay- l4eyrf ng , First Assistant City Attorney For City Attorney STAP Resolution 03162010 Joe Adame Mayor 3 Corpus Christi, Texas of , 2010 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 STAP Resolution 03162010 4 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 13, 2010 AGENDA ITEM: Resolution approving a small business incentive agreement between the Corpus Christi Business and Job Development Corporation and Coastal Bend WorkForce Development Board that provides a grant of up to $12,760 for Workforce Solutions' small business employer intern program and authorizing the City Manager, or designee, to execute a small business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Coastal Bend Workforce Development Board Small Business Incentive Agreement ISSUE: To assist in the job development and growth of small businesses in the community. PREVIOUS COUNCIL ACTION: Council approved a 12 month business incentive agreement on December 11, 2007 CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to WorkForce in the amount of $12,760 for an intern program to assist small businesses in Corpus Christi. ALL_ _ 4i Emily M:fi Inez Interim Director of E emilym @cctexas.com 826 -3312 is Development BACKGROUND INFORMATION The partnership program will assist small businesses by providing access to students who will serve as interns in professional level positions. The small businesses will pay the intern minimum wage, currently $7.25 /hour, and Texas A &M University - Corpus Christi and Del Mar College will match the small business contribution with Type A funds. WorkForce will provide outreach activities to support the Internship project proposed by TAMUCC and Del Mar College. • WorkForce is requesting a total amount of $12,760 Following is the Management and Operations Plan for WorkForce: SERVICES WorkForce will provide employer outreach activities to support the internship project proposed by TAMUCC and Del Mar College. They are requesting full funding for2 interns for 4 months, beginning April 2010 through July 31, 2010. The interns will be working 20 hours a week for 16 weeks. Workforce Solutions PROGRAM OUTCOME The 2 interns funded will work with the WorkForce Business Services Team to outreach employers. WorkForce will share its database of employers for interns to research and contact small businesses that may benefit from the internship program. The 2 interns will be directly supervised by WorkForce field staff. The goals of each intern will be to contact 100 small business employers each semester to promote participation in the internship programs of the participating college and university. Employers interested in the internship programs will be referred to the internship programs of both college and university. The goal of the project is the creation of 1 new full time job for every 10 student intern positions funded (a 10% new job "return on investment "). The secondary benefit of the program is providing students real -world experience, while they are making a living wage without working extended hours and developing potential full -time employment opportunities following graduation. PERFORMANCE REQUIREMENTS To assure follow -up of contacts developed the outreach interns will also share the employer contact information with both the college and university. The college and university will, through their respective work study programs, be responsible for paying the matching wage training stipend of the interns located with targeted small businesses. Page 1 of 3 RESOLUTION APPROVING A SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND COASTAL BEND WORKFORCE DEVELOPMENT BOARD THAT PROVIDES A GRANT OF UP TO $12,760.00 FOR WORKFORCE SOLUTIONS' SMALL BUSINESS EMPLOYER INTERN PROGRAM AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A SMALL BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE COASTAL BEND WORKFORCE DEVELOPMENT BOARD SMALL BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Board ") has budgeted funds to assist small business in Corpus Christi, Texas. WHEREAS, the Type A Board has determined that the Coastal Bend Workforce Development Board ( "Workforce Solutions ") could help small businesses within Corpus Christi create jobs by promoting the small business student intern programs at Texas A & M University — Corpus Christi ( "TAMU -CC ") and Del Mar College ( "Del Mar ") to small businesses in the City; WHEREAS, the Type A Board has approved a Small Business Incentive Agreement with Workforce Solutions that provides a grant of up to $12,760.00 to Workforce Solutions for promoting the small business student intern programs; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the small business incentive project support agreement; and WHEREAS, there is a need for a small business incentive project support agreement between the City of Corpus Christi ( "City ") and the Type A Board for the implementation and administration of the business incentive agreement with Workforce Solutions to assist small businesses by promoting the small business student intern programs at TAMU -CC and Del Mar; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the small business incentive agreement between the Type A Board and Workforce Solutions for Workforce Solutions' Small Business Employer Intern Program, which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Board for the implementation and administration of the small business incentive agreement with Workforce Solutions for RESOLUTION -- Workforce Solutions Small Business Agreement -- 04072010 Page 2 of 3 Workforce Solutions' Small Business Employer Intern Program, which is attached to this resolution as Exhibit B. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 7th day of April, 2010. / R. Jay/Reirfing ' First Assistant City Attorney For City Attorney RESOLUTION -- Workforce Solutions Small Business Agreement -- 04072010 Page 3 of 3 Corpus Christi, Texas of , 2010 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 RESOLUTION -- Workforce Solutions Small Business Agreement -- 04072010 SMALL BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Small Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Coastal Bend Workforce Development Board ( "Workforce Solutions ") has submitted a proposal to the Corporation for $12,760.00 to assist small businesses by promoting the small business student intern programs at Texas A & M University — Corpus Christi ( "TAMU -CC ") and Del Mar College ( "Del Mar ") to small businesses in the City; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Workforce Solutions' Small Business Employer Intern Program; and WHEREAS, the Corporation and Workforce Solutions have executed a small business incentive project agreement for Workforce Solutions' Small Business Employer Intern Program. Page 1 of 3 Workforce Solutions -- Project Support Agreement 4A -City -- 03242010 Fxhibit A In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Small Business Incentive Agreement for Workforce Solutions' Small Business Employer Intern Program between the Corporation and Workforce Solutions ( "Small Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Small Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Small Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not Page 2 of 3 Workforce Solutions -- Project Support Agreement 4A -City -- 03242010 affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar Interim City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: March 24, 2010. R. Jay Reining First Assistant City Attorney for City Attorney Page 3 of 3 Workforce Solutions -- Project Support Agreement 4A -City -- 03242010 SMALL BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND COASTAL BEND WORKFORCE DEVELOPMENT BOARD FOR PROMOTION OF THE SMALL BUSINESS STUDENT INTERN PROGRAMS AT TEXAS A & M UNIVERSITY — CORPUS CHRISTI AND DEL MAR COLLEGE This Small Business Incentive Agreement ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Coastal Bend Workforce Development Board, doing business as Workforce Solutions of the Coastal Bend ( "Workforce Solutions "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Workforce Solutions has requested business development funds from the Board to assist small businesses by promoting the small business student intern programs at Texas A & M University — Corpus Christi ( "TAMU -CC ") and Del Mar College ( "Del Mar ") to small businesses in the City; Page 1 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 Fxhibtt B WHEREAS, the student interns will be selected based on the needs of the small businesses with the goal of providing the businesses with resources that make the businesses more effective and provide growth opportunities; WHEREAS, the primary goal of the program is to provide support to small businesses in Corpus Christi that will encourage growth, retention, economic development, and job creation; WHEREAS, the goal of the project is the creation of 1 new full time job for every 10 student intern positions funded (a 10% new job "return on investment "); WHEREAS, a secondary benefit of the small business student intern programs is providing students real -world experience, while they are making a living wage without working extended hours and developing potential full -time employment opportunities following graduation; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Workforce Solutions, through this Agreement with Workforce Solutions, to make small business in the City aware of the benefits of the small business student intern programs at TAMU- CC and Del Mar. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Workforce Solutions agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for four months from April 1, 2010 through July 31, 2010. 3. Grant. a. The Corporation will grant Workforce Solutions an incentive of up to Twelve Thousand Seven Hundred Sixty Dollars ($12,760.00), which must be used to fund two part-time student interns, who will be paid twice the minimum wage, while participating in Workforce Solutions' Small Business Employer Intern Program. b. The Corporation's grant conditioned upon Workforce Solutions' successful completion of the terms of this Agreement, including, but not limited to, the performance requirements and conditions precedent in Section 4 of this Agreement. c. The Corporation's grant shall be paid in monthly installments based upon evidence of the amount paid by Workforce Solutions to its student interns during the prior month. Page 2 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 4. Workforce Solutions' Duties and Responsibilities. a. Workforce Solutions shall provide small business employer outreach and promotional activities to support the Small Business Student Intern Projects at TAMU —CC and Del Mar. b. Workforce Solutions shall employ at least two student interns with the funds granted under this Agreement, who will work with the Workforce Solutions Business Services Team to research and contact small businesses that may benefit from the TAMU -CC and Del Mar small business student intern programs. The goal of the Workforce Solutions' small business student intern program is to contact 75 small business employers to encourage their participation in the TAMU —CC and Del Mar small business student intern programs. The Workforce Solutions' student interns shall refer the small business employers to TAMU - -CC and Del Mar. c. Workforce Solutions' student interns in the small business outreach and promotional activity must work at least twenty (20) hours per week for up to sixteen (16) weeks. d. Workforce Solutions shall provide administrative oversight, direct supervision, and workplace resources for the student interns funded under the grant from the Corporation. e. Workforce Solutions shall pay the student interns funded under this Agreement an hourly wage of twice Federal minimum wage, for a wage of $14.50 per hour, plus administrative and personnel costs. f. The outreach and promotional activity services to be provided under this Agreement are provided on a cost reimbursement basis. Workforce Solutions shall invoice the Corporation for the above costs after they are incurred and documented. g. Workforce Solutions shall continuously meet the performance requirements in this section during the entire term of this agreement. 5. Reports and Monitoring. a. Workforce Solutions shall provide a report at the end of the term of this Agreement, certifying the status of compliance through the life of the Agreement. Documentation for jobs may be in the form of quarterly IRS 941 returns, Workforce Solutions employer Quarterly Reports, or employee rosters that show the hours worked and the positions filled, and such other reports as may reasonably be required. b. Workforce Solutions, during normal working hours shall allow the Corporation and its designee, City of Corpus Christi Economic Development Department, reasonable access to Workforce Solutions' employment records and books, to Page 3 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 verify employment and all other relevant records related to each of the other economic development considerations and incentives, as stated in this Agreement, but the confidentiality of the records and information must be maintained by Corporation and its designee, unless such records and information shall be required by a court order, a lawfully issued subpoena, or at the direction of the Office of the Texas Attorney General. 6. Warranties. Workforce Solutions warrants and represents to Corporation the following: a. Workforce Solutions has the authority to enter into and perform, and will perform, the terms of this Agreement. b. The individual executing this Agreement on behalf of Workforce Solutions is duly authorized to execute this Agreement on behalf of Workforce Solutions. c. No litigation or governmental proceeding is pending or, to the knowledge of Workforce Solutions or Workforce Solutions' officers, threatened against or affecting Workforce Solutions that may result in any material adverse change in Workforce Solutions' business, properties, or operations. No consent, approval, or authorization of or registration or declaration within any governmental authority is required in connection with the execution of this Agreement or the transactions contemplated by this Agreement. d. No certificate, statement, or information provided by Workforce Solutions to Corporation or the City of Corpus Christi in connection with any transaction contemplated by this Agreement, contains any untrue statements or fails to state any fact necessary to keep the statements contained in the certificate, statement, or information from being misleading. e. To the best of its knowledge, Workforce Solutions has acquired and maintained all necessary rights, licenses, permits, and authority to carry out this Agreement, and will continue to use its best efforts to maintain all necessary rights, licenses, permits, and authority. f. The funds granted through this Agreement must be utilized solely for the purpose of offsetting the cost of creating and maintaining the interns for Workforce Solutions' Small Business Employer Intern Program. g. Workforce Solutions shall complete the project required by this Agreement, and shall provide and staff the required employment positions, investment, and other economic development considerations described in this Agreement. h. Workforce Solutions shall timely and fully comply with all of the terms and conditions of this Agreement. i. Workforce Solutions ha received a copy of the Subtitle C1, Title 12, Texas Local Government Code, which governs development corporations, and Page 4 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. j. In the event it is determined by Corporation or City of Corpus Christi that funds provided under this Agreement were not used as authorized by State law, then Workforce Solutions shall repay the funds to the Corporation within 30 days of written notice requesting reimbursement. k. If an audit determines that the funds were not used for authorized purposes , Workforce Solutions agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. I. There are no bankruptcy proceedings currently pending concerning Workforce Solutions, nor are any such proceedings contemplated by Workforce Solutions, as of the date of execution of this Agreement by Workforce Solutions. m. Workforce Solutions shall provide information, reports, or statements respecting its business operations and financial condition as Corporation may reasonably request from time to time. 7. 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, shall survive the original execution date of this Agreement. 8. Compliance with Laws. Workforce Solutions shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 9. Non - Discrimination. Workforce Solutions covenants and agrees that Workforce Solutions will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 10. Force Majeure. If the Corporation or Workforce Solutions are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Workforce Solutions are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 11. Assignment. Workforce Solutions may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Page 5 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 12. Indemnity. To the extent authorized by law, Workforce Solutions covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ( "Indemnitees ") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Workforce Solutions activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the lndemnitees. Workforce Solutions must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of Workforce Solutions to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of Workforce Solutions contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; 14. Notice of Default. Should the Corporation or City determine that Workforce Solutions is in default according to the terms of this Agreement, the Corporation or City shall notify Workforce Solutions in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Workforce Solutions to cure the event of default. 15. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Workforce Solutions, as determined by the Page 6 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Workforce Solutions shall immediately repay all funds paid by Corporation under this Agreement. b. Workforce Solutions shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Workforce Solutions under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 16. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Workforce Solutions' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Workforce Solutions is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 17. Limitation on Corporation's Liability. Workforce Solutions specifically agrees that Corporation shall only be liable to Workforce Solutions for the actual amount of the money grants to be conveyed to Workforce Solutions , and shall not be liable to Workforce Solutions for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. a. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement; being April 1, 2010, through July 31, 2010. Page 7 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 b. Corporation will use its best efforts to anticipate economic conditions and to budget accordingly. c. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. d. Payments to be made shall also require a written request from Workforce Solutions to be accompanied by all necessary supporting documentation. 18. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Workforce Solutions: Workforce Solutions of the Coastal Bend c/o Larry Demieville Director of Business Development 520 N. Staples Street Corpus Christi, Texas 78401 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 8 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 19. Incorporation of Other Documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. 20. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 21. Relationship of Parties. In performing this Agreement, both the Corporation and Workforce Solutions 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. 22. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 23. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 24. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 25. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Workforce Solutions. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Page 9 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 26. Survival of Terms of Agreement and Obligations of Parties. The terms of this Agreement and the following obligations of the parties survive the termination of this Agreement: a. Payment by the Corporation of the portion of the grant for salaries of interns during the 2010 summer session under Section 5.c. b. Workforce Solutions' record keeping and reporting requirements under Sections 4, 5, and 6. c. Workforce Solutions' duty to repay funds not used for an authorized purpose under Section 7. Corpus Christi Business & Job Development Corporation By: Date: Eloy Salazar President Attest: By: Armando Chapa Assistant Secretary Page 10 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 Coastal Bend Workforce Development Board By: Date: Beejay Williams Interim President/CEO THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2010, by Beejay Williams, Interim President/CEO, Coastal Bend Workforce Development Board, a Texas nonprofit corporation, for the corporation. Notary Public State of Texas Page 11 of 11 BUSINESS INCENTIVE AGREEMENT -- Workforce Solutions Interns -- 03252010 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 13, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $775,611 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program. B. Ordinance appropriating a $775,611 grant from the Area Agency on Aging of the Coastal Bend in the No.1067 Parks and Recreation grants fund for the FY 2010 Senior Community Services, Elderly Nutrition Program; and declaring an emergency. C. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $261,751 grant awarded by the Texas Department of Aging and Disability Services for the FY 2010 Senior Community Services, Title XX Meals on Wheels Program. D. Ordinance appropriating a $261,751 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2010 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, 2009 through September 30, 2010. 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, 2009 through September 30, 2010. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds 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 from October 1, 2009 through September 30, 2010. 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 continuation of the Senior Community Services, Elderly Nutrition Program and Title XX Meals on Wheels Program on an annual basis. Page 3 of 6 FUNDING: The Area Agency on Aging of the Coastal Bend is issuing a grant in the amount of $775,611 in Federal funds to the City of Corpus Christi for the continuation of the Senior Community Services Elderly Nutrition Program from October 1, 2009 through September 30, 2010. This award represents partial funding for FY '10 through February 18, 2010. Additional funds will be issued through September 2010. Total anticipated funding is $824,213 for FY '10. This grant requires a minimum of 10% City matching funds. The Texas Department of Aging and Disability Services is issuing a grant in the amount of $261,751 in State funds to the City of Corpus Christi for the continuation of the Title XX Meals on Wheels Program. This grant requires a minimum of 10% City matching funds. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Area Agency on Aging of the Coastal Bend and the Texas Department of Aging and Disability Services. /Ltt.- Stacie Talbert, Interim Director Parks and Recreation Department StacieT(a�cctexas. com 361- 826 -3464 Attachments: Background Information Page 4 of 6 BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. The City enters into a three year contract with the Coastal Bend Area Agency on Aging. We are currently in year three of the contract (2008 — 2010). An annual Request for Proposal is submitted to the Coastal Bend Area Agency on Aging to apply for Older Americans Act grant funds as determined by regional planning fund estimates. The Coastal Bend Area Agency on Aging issues Notice of Grant Awards throughout the fiscal year as funding is appropriated by the United States Congress. The Congressional Research Service posted on February 24, 2010 the following summary: "The Older Americans Act (OAA) is the major federal vehicle for the delivery of social and nutrition services for older persons. These include supportive services, congregate nutrition services (meals served at group sites such as senior centers, community centers, schools, churches, or senior housing complexes), home - delivered nutrition services, family caregiver support, community service employment, the long -term care ombudsman program, and services to prevent the abuse, neglect and exploitation of older persons. The OAA also supports grants to older Native Americans and research, training, and demonstration activities. Funding for most OAA programs is provided through appropriations legislation for the Departments of Labor, Health and Human Services, Education, and Related Agencies (Labor - HHS- Education). The FY2010 Consolidated Appropriations Act (P.L. 111 -117), signed into law December 16, 2009, provides $2.328 billion for Older Americans Act programs in FY2010. Locally, 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 project to serve 126,356 congregate meals; 101,743 home delivered meals; 52,879 Title XX Meals on Wheels and 700 hours of Benefits Counseling service units during fiscal year October 2009 through September 2010. 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 Page 5 of 6 Technology Center and special events. Page 6 of 6 /L'Area Agency ),n Aging CF THE COASTAL BEMO 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 From: Betty Lamb / Date: February 25, 2010 Re: Notification of FY10 Funds Available — NFA #1 The enclosed award represents a partial allocation of funds for FY 10 made available to Coastal Bend by the Texas Department of Aging and Disabilities (DADS) for Older Americans Act Services through February 18, 2010. Please refer to the Award Issuance and NFA Attachment A for additional details on said awards. Awards will be finalized as soon as the Title III Carryover from FY09 is awarded and additional Nutritional Service Incentive Program (NSIP) funds are received. Do note, the American Recovery and Reinvestment Act (ARRA) funds is a `one -time only' award. The award period for these funds is October 1, 2009 through September 30, 2010. C 0,d 0 Duuve lDocom eats/Adv. .el8e11v /DF AIF Y2010/11F 1 IlMem o_7. 25.10 LOCATION: 2910 LEOPARD STREET; CORPUS CHIRSTI, 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 NOTIFICATION OF FUNDS AVAILABLE AREA AGENCY ON AGING OF THE COASTAL BEND Physical: 2910 LEOPARD STREET; CORPUS CHRISTI, TEXAS 78408 Mailing: POST OFFICE BOX 9909; CORPUS CHRISTI, TEXAS 78469 SUBCONTRACTOR: DATE: February 25, 2010 Ms. Elsa Munoz City of Corpus Christi Senior Community Services Post Office Box 9277 Corpus Christi, Texas 78469 CONTRACT PERIOD: Oct. 1, 2009 — Sept. 30, 2010 CONTRACT NUMBERS: AA3- 1048 -4CON AA3- 1048 -4HD AA3 - 1048 -4B AWARD ISSUANCE NUMBER: 1 This Notification of Funds Available is issued as an addendum to your contract with the Coastal Bend Council of Governments — Area Agency on Aging for the period October 1, 2009 through September 30, 2010. 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 federa! department or agency or by the State of Texas. PROGRAM FY10 Prior Contract Award FY10 FY10 Title III Award NSIP Award this Action this Action 1 2 FY10 ARRA Award this Action (3) FY10 Cumulative Award MEALS $ - 0 - IIICIISGRINSIPIARRA 1 $296,219 $ 51,181 $ 54,654 $402,054 $277,484 $ 48,623 $ 25,491 $351,598 HOME DELIVERED MEALS IIIC2ISGRINSIPIARRA $ - 0 - $ 21,959 $ -0- $ -0- $ 21,959 SUPPORTIVE SERVICES $ -0- IIIB TOTAL AWARD $ -0 - $595,662 $ 99,804 $ 80,145 $775,611 ✓ (1) This award represents partial funding for FY10 based on funds awarded to CBCOG -AAA through February 18, 2010. Awards will be finalized as soon as Title 111 Carryover from FY09 is awarded and additional Nutrition Service Incentive Program (NSIP) funds are received. (2) This NSIP Award represents approximately 75% of anticipated NSIP funds; refer to NFA Attachment A for additional details. This award for American Recovery and Reinvestment Program (ARRA) funds reflects your total award for FY10. (3) John P. Buckner, Executive Director Coastal Bend Council of Governments cc: City of Corpus Christi, Grants Dept. Attn To: Ms. Emily Gonzales Post Office Box 9277 • Corpus Christi, Texas 78469 NSIP Allocation for FY10 (1) NFA Attachment A Area Agency on Aging of the Coastal Bend 2/25/10 Total all Meals Percent of Allocation NSIP Eligible Coastal For (Excluding XX) Bend Meals FY10 (1) FY09 Aransas County Council on Aging Congregate Meals 5,829 0.0215 $3,322 Home Delivered Meals 23,738 0.0900 $11,592 Total 29,567 $14,914 Bee Count Community Action A ency Congregate Meals 8,004 0.0295 $3,160 Home Delivered Meals 8,837 0.0335 $5,392 Total 16,841 $8,553 CACOST - Jim Wells /Brooks /San Patricio Congregate Meals 60,163 0.2221 $30,193 Home Delivered Meals 33,498 0.1270 $17,472 'Total 93,661 $47,664 Duval Co. Elderly Nutrition Program Congregate Meals 32,371 0.1195 $16,746 Home Delivered Meals 19,693 0.0747 $8,536 'Total 52,064 $25,281 Nueces Co Senior Community Services Congregate Meals 27,059 0.0999 $12,136 Home Delivered Meals 20,899 0.0793 $8,826 Total 47,958 $20,962 Live Oak County Home Delivered Meals 9,668 0.0367 $4,867 Total 9,668 $4,867 McMullen County Home Delivered Meals 1,220 0.0046 $477 (Total 1,220 $477 City of CC, Senior Communty Services Congregate Meals 104,683 0.3864 $51,181 Home Delivered Meals 112,329 0.4260 $48,623 Total 217,012 $99,804 Kleberg Co Human Services Congregate Meals 32,794 0.1211 $14,346 Home Delivered Meals 24,525 0.0930 $11,216 (Total 57,319 $25,562 Elderly Services for Refugio County Home Delivered Meals 9,296 0.0353 $3,997 Total 9,296 $3,997 Congregate Meals 270,903 1.0000 $131,083 Home Delivered Meals 263,703 1.0000 $120,999 TOTAL 534,606 $252,082 $131,083 $120,999 $252,082 (1) This NSIP allocation represents your first FY10 NFA for NSIP. This allocation is based on final FFY09 meals. (10 -1 -08 - 9- 30 -09) nsip forfyl0.xls 2125/10 _ State of Texas County of Travis Community Services Contract Amendment J$ Legal Name of Contractor City of Corpus Christi Contract No. 167400 Doing Business As (DBA) Name of Contractor Senior Community Services Amendment No. 11 -3 Region No. /Catchment/Waiver Contract Area 11 Address of Contractor (street, city, state, ZIP) P 0 Box 9277, Corpus Christi, TX 78469 The Department of Aging and Disability Services (DADS), hereinafter referred to as Department and City of Corpus Christi d /b /a Senior Community Services , hereinafter referred to as Contractor, agree to amend the contract for Home Delivered Meals (HDM), contract/vendor number 167400, as follows: Check all applicable changes: ❑ 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 ❑ 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 ® Other o Amendment Effective Date: 10/01/2009 1. A budget Worksheet is added for the budget period October 01, 2009 through September 30, 2010, for Vendor Number 167400. The Budget Worksheet indicates that this Contractor will provide an estimated 162,259 meals, of which 52,879 are Title XX Home Delivered Meals. The Title XX meals will be provided at the negotiated rate of $4.95 per unit. O 2. The Form 2029, Information Sheet, Purchase of Service Contract, is added to reflect the budget period of October 01, 2009 through September 30, 2010, with a total of 52,879 units, a budget of $261,751.05 and a unit rate of $4.95. The above changes and, if applicable, the covered counties listed on Page 2 of this amendment are adopted by the Department and the Contractor as an amendment to the above referenced contract effective on the date signed by both, unless otherwise indicated above. All other terms and conditions of the Community Services contract remain in full force and effect. Texas Department of Aging and Disability Services City of Corpus Christi Signature— SKepresentative Date Legal Approval James Burshtyn (Required if effective date of change is other than amendment effective date or if "other" is chec ked above.) Date A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A $775,611 GRANT AWARDED BY THE AREA AGENCY ON AGING OF THE COASTAL BEND FOR THE FY 2010 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 execute all documents necessary to accept a $775,611 grant awarded by the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March 30, 2010 44.E Lisa Agui , Assistant City Attorney for City Attorney Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott AN ORDINANCE APPROPRIATING A $775,611 GRANT FROM THE AREA AGENCY ON AGING OF THE COASTAL BEND IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2010 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 $775,611 grant is appropriated from the Area Agency on Aging of the Coastal Bend for the FY 2010 Senior Community Services, Elderly Nutrition Program in the No. 1067 Parks and Recreation Grants Fund. 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 shall take effect upon first reading as an emergency this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved: March 30, 2010 Lisa Ag LAI& Assistant City Attorney for City Attorney H: \LEG- DIR \Lisa\2010 Ordinance \SCS ENP 2010 Ordinance.doc Joe Adame, Mayor Corpus Christi, Texas Day of , 2010 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 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A $261,751 GRANT AWARDED BY THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES FOR THE FY 2010 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 execute all documents necessary to accept a $261,751 grant awarded by the Texas Department of Aging and Disability Services for the FY 2010 Senior Community Services, Title XX, Meals on Wheels Program. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: March 30, 2010 1261.44-7 .. Lisa Agui( , Assistant City Attorney for City A orney H: \LEG- DIR \Lisa12010 Resolutions \SCS Title XX MOW 2010 Resolution.doc Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:\LEG- DIR \Lisa\2010 Resolutions \SCS Title XX MOW 2010 Resolution.doc AN ORDINANCE APPROPRIATING A $261,751 GRANT FROM THE TEXAS AS DEPARTMENT 7 PARKS ANT OF AGING AND DISABILITY SERVICES IN THE RECREATION GRANTS FUND FOR THE FV WHEELS PROGRAM; COMMUNITY AND SERVICES, TITLE XX MEALS ON DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. A $261,751 grant is appropriated from e t the Texas on grants fund. of Aging and Disability Services in the No. 1067 Parks and py SECTION 2. That upon written request of the emeayency due to the nieed forbmmediate attached, the City Council finds and declares an 9 action necessary for the efficient and effective administrate ordinances City ff affairs and suspend rpen as the Charter rule that requires consideration of and voting upon meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of CITY OF CORPUS CHRISTI ATTEST: Armando Chapa, City Secretary Approved: March 30, 2010 Lisa Agui - Assistant City Attorney for City Attorney Joe Adame, Mayor H:\LEG- DIR\Lisa\2010 Ordinance \SCS Title XX MOW 2010 Ordinance.doc Corpus Christi, Texas Day of , 2010 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 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 13, 2010 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $249,802 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. ISSUE: In order to provide certain services associated with the City's Summer Recreation Programs, the City Council must approve a resolution to apply for the Summer Food Service Program Grant from the Texas Department of Agriculture in the amount of $249,802. REQUIRED COUNCIL ACTION: Action is required to apply for the Summer Food Service Program grant, appropriate grant funds and authorize the City Manager or his designee to execute all related contracts and documents for the 2010 Parks and Recreation Department Summer Recreation Programs. PREVIOUS COUNCIL ACTION: The City Council has approved the Summer Food Program grant in prior years. FUNDING: Texas Department of Agriculture Special Nutrition Division provides grant funds for the Summer Food Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval. Stacie Talbert, Interim Director Parks and Recreation Department 826 -3476 staciet @cctexas.com Attachments: Background BACKGROUND INFORMATION The Food and Nutrition Division of the Texas Department of Agriculture (TDA) provides funding for summer nutrition programs. The City's Parks and Recreation Department is again applying for this grant for the Summer Recreation sites and other local non - profit agencies. No local match is required. Previously, this program has collaborative with many agencies to provide summer meals to the youth of Corpus Christi. Previous sites were: Alaniz Resource Center, Casa De Manana, Del Mar College, La Armada Resource Center, Lantana Square Apartments, Leeward Resource Center, Lulac Village Apartments, McKinzie Resource Center, Natatorium, Navarro Resource Center, Molina Neighborhood Center, Samuel Place Apartments, Women's Shelter, Joe Garza Recreation Center, Ben Garza Recreation Center, Lindale Recreation Center, Oak Park Recreation Center, Oso Recreation Center, Coles Recreation Center, Collier Pool, Greenwood Pool, Webb Elementary, Garcia Arts Education Center, Gonzales Community Center, Lexington Manor Center, Northside Manor Apartments, Wiggins Resource Center, Y.M.C.A., and Y.W.C.A. CCISD has also applied to participate in the Texas Department of Agriculture Summer Food Program and will be serving schools in their district, this action will lower the number of sites we will be providing services to. Previously CCISD schools were served under our Summer Food Program, but due to CCISD participating in the Summer Nutrition program themselves our sites will be reduced. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites. An Interlocal agreement will be forth coming. The City and CCISD again propose to enter into a contract for CCISD to prepare and deliver the lunches at a rate of $2.50 per lunch and $.65 per snack, both provided on a weekday basis during the eight week Summer Program from June 14, 2010 thru August 6, 2010. The lunches and snacks will consist of sandwiches, fruit/vegetable, milk and dessert. All meals follow the same nutrition guidelines as the National School Lunch Program. It is estimated that approximately 2,500 meals per day will be reimbursable meals. CCISD will maintain and provide menu records as well as daily meals served until the program's end. At the individual sites, the City employs CCISD Food Service staff as part-time, seasonal employees to verify meal counts, serve meals, and clean the sites. Grant funds are used to pay the seasonal employees, cleaning supplies, monitors, and food costs. Total program costs, including operation and administration, are to be provided by the State's reimbursement. A resolution is necessary to apply for the grant of $249,802. Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO SUBMIT A GRANT APPLICATION TO TEXAS DEPARTMENT OF AGRICULTURE FOR A SUMMER FOOD PROGRAM GRANT IN THE AMOUNT OF $249,802 TO OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER RECREATION PROGRAM PARTICIPANTS AGES ONE TO EIGHTEEN YEARS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or City Manager's designee is authorized to submit a grant application to Texas Department of Agriculture for a Summer Food Program grant in the amount of $249,802 to operate a summer food service program for summer recreation program participants ages one to eighteen years. 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: April 6, 2010 Lisa AguiI I, Assistant City Attorney for City Attorney H: \LEG- DIR \Lisa\2010 Resolutions\ RES- authSubmitGrant- SummerFoodProgram.doc Corpus Christi, Texas of , 2010 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 13 AGENDA MEMORANDUM DATE: April 13, 2010 SUBJECT: Charles Drive Improvements, Leopard Street to Maple Leaf Drive (BOND ISSUE 2008) (Project No. 6508 / CIP No: ST 47) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Bass and Welsh Engineering of Corpus Christi, Texas in the amount of $93,400.00, for preliminary design, design, bidding, and construction phase services and additional services for Charles Drive Improvements, Leopard Street to Maple Leaf Drive. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A contract for professional services is required to complete the preliminary design phase, final design phase, bid phase, and construction phase and additional services; and requires City Council approval. Bass and Welsh Engineering was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. FUNDING: Funding is available from the Street, Storm Water, Wastewater and Water Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the Motion as presented. Pete Anaya, P. E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Preliminary Cost Estimate Exhibit "E" Location Map H: \HOME \KellyO\GEN\STREETS \6508- Charles Drive - Leopard to Maple LeafLarge AE AGENDA 2 MEMO.doc BACKGROUND INFORMATION SUBJECT: Charles Drive Improvements, Leopard Street to Maple Leaf Drive (BOND ISSUE 2008) (Project No. 6508 / CIP No: ST 47) PROJECT DESCRIPTION: This section of Charles Drive will provide much needed access to the new Tuloso- Midway Elementary School from Leopard Street. The project includes the reconstruction and widening of the existing unimproved two lane roadway to a functional collector street with two travel lanes and parking lanes on both sides. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings, and street lighting. CONTRACT DESCRIPTION: The consultant, Bass and Welsh Engineering, will provide professional services for the coordination with City staff for preliminary design phase, final design phase, bid phase, construction phase and additional services described further below: BASIC SERVICES 1. Preliminary Phase 2. Design Phase 3. Bid Phase 4. Construction Phase ADDITIONAL SERVICES 1. Topographic Survey 2. Construction Observation /Inspection Services 3. Warranty Phase Work will not begin on Additional Services until requested by the A/E, and written authorization is provided by the Director Engineering Services. Work will begin on the Additional Services if they are authorized by the execution of the Contract for Professional Services. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of construction contract to complete the project is required. PROJECT BACKGROUND: The Charles Drive Improvements, Leopard Street to Maple Leaf Drive project was approved November4, 2008 in the Bond Issue 2008 Package under Proposition 1 Street Improvements. On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and H: \HOME\Kelly° \GEN\STREETS \8508- Charles Drive - Leopard to Maple Leaf\Large AE■GENDA 3 BACKGROUND.doc coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H: \HOME\Kelly° \GEN\STREETS \6506- Charles Drive - Leopard to Maple Leaf\Large AE\AGENDA 3 BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Charles Drive Improvements, Leopard Street to Maple Leaf Drive (BOND ISSUE 2008) (Project No. 6508 / CIP No: ST 47) PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). H:\HOME\KellyO \GEN\STREETS \6508- Charles Drive - Leopard to Maple Leat\Large AE\AGENDA 4 PRIOR ACTIONS.doc CONTRACT SUMMARY SUBJECT: Charles Drive Improvements, Leopard Street to Maple Leaf Drive (BOND ISSUE 2008) (Project No. 6508 / CIP No: ST 47) 1. SCOPE OF PROJECT Charles Drive Improvements, Leopard Street to Maple Leaf Drive (Project No. 6508) — This section of Charles Drive will provide much needed access to the new Tuloso- Midway Elementary School from Leopard Street. The project includes the reconstruction and widening of the existing unimproved two lane roadway to a functional collector street with two travel lanes and parking lanes on both sides. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings, and street lighting. 2. SCOPE OF SERVICES The NE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1", to complete the project. 3. PROJECT SCHEDULE PROPOSED PROJECT SCHEDULE Day Date Activity Wednesday April 21, 2010 Begin Design Monday May 24, 2010 Interim Submittal Monday June 14, 2010 City Review Monday July 26, 2010 Pre -Final Submittal Monday August 16, 2010 City Review Wednesday September 15, 2010 Final Submittal Monday (2) October 4, 2010 Advertise for Bids (2 wks) Tuesday October 19, 2010 Pre -Bid Conference Wednesday November 3, 2010 Receive Bids Tuesday November 30, 2010 Contract Award Tuesday December 28, 2010 Begin Construction Friday July 8, 2011 Complete Construction H: \HOME \KellyO \GEN \STREETS \6508- Charles Drive - Leopard to Maple Leaf\Laroe AEINGENDA 5 CONTRACT SUMMARY.doc 4. SUMMARY OF FEES Fee for Basic Services 1. Preliminary Phase $7,980.00 2. Design Phase $23,940.00 3. Bid Phase $1,995.00 4. Construction Phase $5,985.00 Subtotal Basic Services Fees $39,900.00 Fee for Additional Services 1. Permit Preparation 0.00 2. ROW Acquisition Survey (AUTHORIZED) 0.00 3. Topographic Survey /Field Investigation (AUTHORIZED) $32,000.00 4. Environmental Issues 0.00 5. Construction Observation /Inspection Services (Allowance) $20,000.00 6. Start-up Services 0.00 7. Warranty Phase $1,500.00 Sub -Total Additional Services Fees Authorized $53,500.00 Total Authorized Fee $93,400.00 The estimated construction cost for Charles Drive Improvements, Leopard Street to Maple Leaf Drive is $615,100. The total basic services fee proposal for this project is $39,900. Therefore, the percentage of design cost to construction cost is 6.49%. H: \HOME\KellvO \GEN\STREETS \6508- Charles Drive - Leopard to Maple Leaf\Large AE\AGENDA 5 CONTRACT SUMMARY.doc CHARLES DRIVE IMPROVEMENTS, LEOPARD ST. TO MAPLE LEAF DRIVE PRELIMINARY COST ESTIMATE 09018 - PCE.XLS 3/15/2010 ONSITE STREET AND DRAINAGE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. ONSITE STREET AND DRAINAGE IMPROVEMENTS (680 LINEAL FEET OF STREET) 1 LS 180,000.00 180,000.00 TOTAL ONSITE STREET AND DRAINAGE ITEMS $180,000.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PIPE 650 LF 40.00 26,000.00 2. MANHOLE 3 EA 4,000.00 12,000.00 3. SERVICES 12 EA 500.00 6,000.00 TOTAL ONSITE SANITARY SEWER ITEMS $44,000.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" PIPE 650 LF 28.00 18,200.00 2. FIRE HYDRANTS 2 EA 3,000.00 6,000.00 3. SERVICES 12 EA 600.00 7,200.00 4. FITTINGS 5 EA 400.00 2,000.00 5. VALVES 4 EA 800.00 3,200.00 TOTAL ONSITE WATER ITEMS $36,600.00 OFFSITE STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 36" RCP 3300 LF 100.00 330,000.00 2. MANHOLE 7 EA 3,500.00 24,500.00 TOTAL OFFSITE STORM SEWER ITEMS SUB -TOTAL 10% CONTINGENCIES CONSTRUCTION TESTING SUB -TOTAL ENGINEERING, SURVEYING & INSPECTION PROJECT COST Page 1 of 1 $354,500.00 $615,100.00 $61,510.00 $6.000.00 $682,610.00 $93.400.00 $776,010.00 IEXHIBIT "D" Page 1 of 1 \Mproject\ councilexhibits \exh 6508. d wg PROJECT SITE Charles Drive from Leopard Street to Maple Leaf Drive Charles Drive Improvements, Leopard Street to Maple Leaf Drive (BOND 2008) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3/22/2010 =_ ■v 14 AGENDA MEMORANDUM City Council Action Date: April 13, 2010 SUBJECT: Padre Island Elevated Storage Tank (1.5 MG) Part A Project No. 8551 / CIP No: WA 07 CHANGE ORDER NO. 3 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 to the construction contract with Landmark Structures I, L.P., of Fort Worth, Texas in the amount of $400,139.08, for a total restated fee of $3,803,480.92 for Padre Island Elevated Storage Tank (1.5 MG) Part A Project for additional sleeves in the pedestal wall, Supervisory Control and Data Acquisition (SCADA), electrical and piping modifications. (Water CIP 2010) ISSUE: This change order is necessary in order to add sleeves in the pedestal wall, piping modifications required to accommodate future chemical boosting facilities, electrical modifications to provide MIS network equipment, police and fire communication, antennas, CCTV, and access control, and Supervisory Control and Data Acquisition (SCADA) modifications to provide control and communication with the Sand Dollar Pump Station. This change order also provides for a credit for a double swing gate that was replaced with the additional electric security, for the diaphragm type altitude valve that was replaced with an electric operated butterfly valve, deleting the cathodic protection within the tank, and providing a 45' tank operating range in lieu of a 40' operating range. FUNDING: Funding is available from Water Capital Improvement Budget FY 2010. RECOMMENDAT! 4. dillr Gustavo onzalez, _ ` Director f Water Services 361 -826- 874 gustavogo @cctexas.com N: Staff recommends approval of the motion as presented. Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Change Order Summary Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com H: \HOME\KeIIyO \GEN \WATER \Water System \8551- Padre Island Elevated Storage Tank (See 8487 for Amds)\Change Order No. 3\2 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Padre Island Elevated Storage Tank (1.5 MG) Part A Project No. 8551 / CIP No: WA 07 CHANGE ORDER NO. 3 CHANGE ORDER NO. 3 DESCRIPTION: The proposed Change Order No. 3 provides for additional sleeves in the pedestal wall, piping modifications required to accommodate future chemical boosting facilities, electrical modifications to provide MIS network equipment, police and fire communication, antennas, CCTV, and access control, and Supervisory Control and Data Acquisition (SCADA) modifications to provide control and communication with Sand Dollar Pump Station. The proposed Change Order No. 3 provides a credit for the deduction of the following work: providing an electric operated butterfly valve in lieu of the diaphragm type altitude valve, providing an automatic gate and card reader in lieu of the double swing gate, deleting the cathodic protection within the tank, and providing a 45' operating range in lieu of a 40' operating range. PROJECT DESCRIPTION: Padre Island Elevated Storage Tank (1.5 MG) PartA consists of the erection, installation, and painting of a new 1,500,000 gallon elevated water storage tank, foundation, 30 -inch stainless steel piping, 20 -inch control valve, concrete splash pad and appurtenances. Part A also includes electrical service, controls, cathodic protection, SCADA and SCADA integration. The project includes access road, security fence and planting. CONTRACT TERMS: The construction contract is increased by $400,139.08 and adds 272 days; all other provisions of the contract remain unchanged. PROJECT BACKGROUND: The project was included in the FY2010 Capital Improvement Program (Water Sequence 07) as a method to increase the supply of water during peak demand and to provide backup water pressure support. The project was developed to provide a more immediate means of increasing daily water supply capacity. The tank will be filled during non - peak usage and provide additional supply during periods of peak water demand. As an elevated tank, the project will allow the City to maintain adequate water pressure when water pumping plants are experiencing electrical outage. The engineering and design for the Padre Island Elevated Storage Tank (1.5 MG) Part A Project was completed under Amendment No. 5 to the Water System Interactive Hydraulic Model in December 2005 by LNV Engineering, Inc. with the award of the construction contract to Landmark Structures, I. L.P. in in March 2008. HAHOME\KeIIvO\GENMATER \Water System \8551- Padre Island Elevated Storage Tank (See 8487 for Amds) \Change Order No. 3\3 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Padre Island Elevated Storage Tank (1.5 MG) Part A Project No. 8551 / CIP No: WA 07 CHANGE ORDER NO. 3 PRIOR COUNCIL ACTION: 1 November 18, 2003 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $507,157 for Water System Interactive Hydraulic Model and Analysis. (M2003 -420) 2. June 8, 2004 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $361,816 for a total restated fee of $868,973 for Water System Interactive Hydraulic Model and Analysis. (M2004 -221) 3. September 21, 2004 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $111,246 for a total restated fee of $980,219 for Water System Interactive Hydraulic Model and Analysis. (M2004 -361) 4. June 28, 2005 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $199,431 for a total restated fee of $1,179,650 for Water System Interactive Hydraulic Model and Analysis. (M2005 -205) 5. December 20, 2005 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $1,894,815 for a total re- stated fee of $3,074,465 for the Water System Interactive Hydraulic Model and Analysis to include the following projects: (M2005 -444) • Southside Transmission Main, Phase 7 • Southside Transmission Main, Phase 8 • Padre Island Elevated Storage Tank (1.0 MG) ($350,300) • On -Going Modeling Support • System Operational Protocol 6. December 15, 2009 — Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 7. March 11, 2008 — Motion authorizing the City Manger, or his designee, to execute a construction contract with Landmark Structures I., L.P. of Fort Worth, Texas in the amount of $3,379,000 for the Padre Island Elevated Storage Tank (1.5 MG) Project for Part A Base Bid plus Additive Alternate No. 1. (M2008 -071) PRIOR ADMINISTRATIVE ACTION: 1. August 1, 2007 — Administrative approval of a geotechnical testing agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $7,275 for Padre Island Elevated Storage Tank (1.5 MG). H:\HOME \Kelly° \GEN \WATER \Water System\8551- Padre Island Elevated Storage Tank (See 8487 for Amds) \Change Order No. 3\4 PRIOR ACTIONS.doc 2. March 12, 2008 — Administrative approval of a construction materials testing agreement with Rock Engineering and Testing Laboratory, Inc. in the amount of $34,146 for Padre Island Elevated Storage Tank (1.5 MG) Part A and B. 3. December 5, 2008 — Administrative approval of Change Order No. 1 to the construction contract with Landmark Structures I., L.P. of Fort Worth, Texas in the amount of $5,250 for Padre Island Elevated Storage Tank (1.5 MG) Part A. 4. April 14, 2009 — Administrative approval of Change Order No. 2 to the construction contract with Landmark Structures I., L.P. of Fort Worth, Texas in the amount of $19,091.84 for Padre Island Elevated Storage Tank (1.5 MG) Part A. H: \HOME\KellyO \GEN \WATER \Water Syslem\8551- Padre Island Elevated Storage Tank (See 8487 for Amds) \Change Order No. 3\4 PRIOR ACTIONS.doc Department of Engineering Services Change Order Summary Sheet April 13, 2010 PROJECT: Padre Island Elevated Storage Tank (1.5 MG) Part A Project No. 8551 / CIP No: WA 07 APPROVED: City Council on 3/11/08 - Motion No. 2008 -071 CONTRACTOR: Landmark Structures I, L.P. 1665 Harmon Fort Worth, TX 76177 SUMMARY: This Change Order provides for additional sleeves in the pedestal wall, piping modifications required to accommodate future chemical boosting facilities, electrical modifications to provide MIS network equipment, police and fire communication, antennas, CCTV, and access control, and Supervisory Control and Data Acquisition (SCADA) modifications to provide control and communication with Sand Dollar Pump Station. TOTAL CONTRACT AMOUNT $3,379,000.00 25% Limit Amount 844,750.00 Change Order No. 1 (12/5/08) 5,250.00 Change Order No. 2 (4/14/09) 19,091.84 Change Order No. 3 (Council 4/13/09) 400,139.08 Total $424,480.92= 12.56% < 25% HA HOME System\8551- Padre Island Elevated Storage Tank (See 8487 for Amds »Change Order No. 3\5 CO SUMMARY.doc \ Mproject \councilexhibits \exh8551 b.dwg rx 6e4 • .141E ES BAY 411111N...." 4117 ;A. CORPUS CHRISTI B.Ay CITY PROJECT No.8551 ix 43 L?1G11N.71 .14.1DRE PROJECT LOCATION NUECES/KLEBERG COUNTY LINE, WEST OF PARK RD. 22 LOCATION MAP NOT TO SCALE 4 G'LY O.i 9►4EXIC0 EXHIBIT "D" PADRE ISLAND ELEVATED STORAGE TANK (1.5 MG) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/25/2010 WNW UM OW MO w v 15 AGENDA MEMORANDUM City Council Action Date: April 13, 2010 SUBJECT: Police Department Building Elevators Project No. 5248 / CIP Bond Issue 2008 SEQ # 36 AGENDA ITEM, Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with KJM Commercial of Corpus Christi, Texas, in the amount of $83,090 for a restated not to exceed contract price of $550,090 for the Police Department Building Elevators, Phase 1, to install new cab interiors, new access control card readers and a HVAC unit. (BOND ISSUE 2008) ISSUE: The project as designed was structured to complete the mechanical and electrical upgrade on the maximum number of elevator possible with the available funds. The scope did not include cab interior upgrades or access control enhancements. • The appearance of the cab interiors is worn and out of date; and • .the project as bid did not include any access control improvements which is deemed critical to ensuring visitors do not have access to floors they are not authorized to visit. City Council approval is required for any change order in excess of $25,000. FUNDING: Funding is available from the Police Improvements Capital Improvement Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. =51i; Troy Riggs Director of Engineering Services Chief of Police 361 -826 -3781 361 -886 -2600 petean@cctexas.com trovrc cctexas.com Additional Support Material: Exhibit "A" Background idormation Exhibit "B" Location Map Exhibit "C" Change Order Summary 11.111Aft MAIM, (11,N PUL1C1,42-11111ksasol.21/wC011.1ano 41e: AGENDA BACKGROUND INFORMATION SUBJECT: Police Department Building Elevators Project No. 5248 / CIP Bond Issue 2008 SEQ # 36 CHANGE ORDER SUMMARY: The change order provides for: • Installation of new cab interiors; • Installation of an access control system that will allow visitors to only access the floor they are visiting; • Upgrade of a HVAC unit to substitute a different model as the one specified by the bid documents was discontinued by the manufacturer; and • Additional time required for delivery of cab interiors and installation. BACKGROUND: Phase 1 of the project will provide the modernization of two existing elevators at the Police Department. Improvements include, but are not limited to, removal of existing machinery and controllers, provision of new machinery and controllers, new cab finishes, hall lanterns, hall buttons, car operating panels, electrical modifications and air conditioning, in accordance with the plans, specifications and contract documents. The project was bid as a base bid plus Additive Alternate No. 1 for the removal of existing hoist machines and installation of new hoist machines. FUTURE COUNCIL ACTIONS: Council authorization to proceed with Phase 2 to replace the existing Otis elevator when required funding in the amount of $280,000 is aligned. PROJECT BACKGROUND: Prior Council Actions: November 4, 2008 — Approval of Bond Issue 2008 Election. October 27, 2009 - 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 1, for the Total Base Bid plus Additive Bid Item No. 1. Prior Administrative Actions: April 16, 2009 — Administrative award of an architectural services contract in the amount of $43,600 for the Police Department Building Elevators, Phase 1 project. EXHIBIT "A" Page 1 of 1 File : \ Mproject \councilexhibits \exh5248C01.dwg cc 0 0 HWY 44 CC Nieces ua ,?/i/eR o 0 Y H 37 a a AIM 40 0 AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD, L° 0\° ce BEAR . V'UECES BAY .%p 04 • Ia r CORPUS of2usil BAy 'RN PROJECT LOCATION S SP LOCATION MAP NOT TO SCALE i Co , 1 LEOPARD ST VAR ST 1"S1 1A ST PROJECT # 5248 PEOPLES ST PROJECT SITE Corpus Christi Police Department 321 John Sartain 5.,' SITE PLAN 1 NOT TO SCALE n EXHIBIT "B" POLICE DEPARTMENT BUILDING ELEVATORS CIP BOND ISSUE 2008 SEQ # 36 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 4 -13 -2010 OEM/ NMI WM/ M•111 OW WWI e.w DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET April 13, 2010 PROJECT: Police Department Building Elevators, Phase 1 Project No. 5248 APPROVED: COUNCIL MOTION 2009 -303 APPROVED 09/27/2009 CONTRACTOR: KJM Commercial, Inc. 1814 Holly Road Corpus Christi, TX 78417 TOTAL CONTRACT AMOUNT $467,000.00 25% Limit Amount 116,750.00 Change Order No. 1 (09/29/08) 83,090.00 Total $83,090.00 = 17.79% < 25% Exhibit C Page 1 of 3 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 1 FUNDING SOURCE: Contingency CONTRACT TIME: 270 CD Operating Department: Police DATE: March 29, 2010 Name of Project: Police Department Building Elevators (Project No. 5248) Contractor: KJM Commercial, Inc. CHANGE AS FOLLOWS: ADD DEDUCT Provide various upgrades to elevators, per attached. $ 83,090.00 Total this Change Order: $ 83,090.00 Why was this change necessary? (If left off the plans and specifications, explain why) How can similar changes be avoided in the future? A. CONTRACT PRICE $ 467,000.00 B. TOTAL CHANGE ORDERS (inc. current) $ 83,090.00 C. NEW CONTRACT PRICE $ 550.090.09 D. THIS CHANGE ORDER $ 83,090.00 E. PERCENT TOTAL CHANGE (B /A) 17.79% Project Manager F. PREVIOUS ADDN'L TIME AUTHORIZED 0 CD G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 77 CD H. TOTAL ADDITIONAL TIME 77 CD CITY OF CO US CHRISTI TEXAS CONTRACTOR By: City Engineer By: APPROVED: Operating Department Title: Pro t ah Director of Management & Budget Legal Department Exhibit C Page 2of3 r w r ■CO 0 1D 03 V O N 46 W N - . i I ri X it IHVAC upgrade - disoontinuod unit Card Reader 3'atem - per Total Protection's proposal dated 3/23/2010 Cab interior upgrades - per Dykema An bitect's selections dated 3/16/2010 r g, r r it II 01„ e S ItO a i (kill I ill' i $ i 8 I $2.023.00 I 8 $ 8 it 8 8 gi 8 q Q 2, 1 1 F M Exhibit C Page 3 of 3 16 AGENDA MEMORANDUM DATE: April 13, 2010 SUBJECT: Interlocal Governmental Cooperative Purchasing Programs AGENDA ITEM: Resolution authorizing the City of Corpus Christi to participate in the Interlocal Governmental Cooperative Purchasing Programs of the Region VIII Education Service Center, including the Interlocal Purchasing System (TIPS) Program; authorizing the City Manager or his designee to execute an Interlocal Government Agreement (and all related documents necessary) for program participation; and listing persons authorized to sign and deliver any necessary requests and other documents in connection with TIPS for and on behalf of the city. ISSUE: The City will be able to participate in the Interlocal Governmental Cooperative Purchasing Programs of the Region VIII Education Service Center, including Interlocal Purchasing System (TIPS) Program. The Interlocal Purchasing System (TIPS) increases buying power in acquiring products and services; lowering administrative procurement costs; and improving overall business performance. Other benefits include centralized vendor listing; e- commerce store; toll -free help line; competitively bid procurement process, and vendor /member reporting service. RECOM ION: Staff recommends approval of the Resolution as presented. Mic eel Barrera,- 6..-P. MI As istant Director of Financial Services 361- 826 -3169 mikeb(a�cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Resolution H: \HOME \VelmaP \GEN\PURCHASING DEPARTMENT\AGENDA 2 MEMO.doc Pete Anaya, P.E., Director of Engineering Services 361- 826 -3781 petean(cctexas.com BACKGROUND INFORMATION SUBJECT: Interlocal Governmental Cooperative Purchasing Programs BACKGROUND: The Interlocal Purchasing System (TIPS) is sponsored by the Region VIII Education Service Center (ESC8) located at 2230 North Edwards, Mt. Pleasant, Texas and is governed by the Region 8 ESC Board of Directors. The Interlocal Purchasing System is available for use by all public and private schools, colleges, universities, cities, counties, and other government entities in the states of Arkansas, Arizona, Illinois, Kansas, Louisiana, Missouri, New Mexico, Ohio, Oklahoma, Oregon, Tennessee, Texas, Virginia, and Washington. TIPS Awarded Vendors have submitted proposals under the Competitively Bid Process and received a Contract of Award through TIPS. These Awarded Vendors have agreed to provide the best pricing, terms and conditions available to TIPS Members. The TIPS Program provides a purchasing coop where awarded vendors and members both benefit. With a successful award, a vendor can expedite an order for a member because all purchasing requirements are completed during the RFP process. A TIPS member can benefit from the cost savings of time and expense in competitively bidding each purchase. The purpose of TIPS: • Provide school districts and other governmental entities opportunities for greater efficiency and economy in acquiring goods and services. • Take advantage of state -of- the -art purchasing procedures to insure the most competitive contracts. • Provide competitively priced solicitation and bulk purchasing for multiple government entities that yields economic benefits unobtainable by individual entities. • Provide quick and efficient delivery of goods and services by contracting with "high performance" vendors. • Equalize purchasing power for smaller entities that are not able to command the best contracts for themselves. • Maintain credibility and confidence in business procedures by maintaining open competition for purchases and by complying with purchasing laws and ethical business practices. • Assist entities in maintaining the essential controls for budget and accounting purposes H: \HOME \VelmaP\GEN\PURCHASING DEPARTMENT\AGENDA 3 BACKGROUND INFORMATION.doc EXHIBIT "A" Page 1 of 1 RESOLUTION AUTHORIZING THE CITY OF CORPUS CHRISTI, BY AND THROUGH THE CITY MANAGER OR HIS DESIGNEE, TO PARTICIPATE IN THE INTERLOCAL GOVERNMENTAL COOPERATIVE PURCHASING PROGRAMS OF THE REGION VIII EDUCATION SERVICE CENTER, INCLUDING THE INTERLOCAL PURCHASING SYSTEM (TIPS) PROGRAM; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL GOVERNMENT AGREEMENT (AND ALL RELATED DOCUMENTS NECESSARY) FOR PROGRAM PARTICIPATION WHEREAS, per the Interlocal Cooperation Act, Texas Government Code § 791.025, and under the authority granted by Sections 271.102, et seq., Texas Local Government Code, as amended, the City of Corpus Christi desires to participate in purchasing programs of the Region VIII Education Service Center, and particularly in The Interlocal Purchasing System (TIPS), to assist the City in compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the City's governmental purchasing function, and to realize the various potential economies, including administrative cost savings, in the opinion that participation will be highly beneficial to the taxpayers through the anticipated savings to be realized, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi, by and through its City Manager or his designee, is authorized to participate in the purchasing programs of the Region VIII Education Service Center, and in The Interlocal Purchasing System (TIPS) Program, to purchase items on behalf of and for the City of Corpus Christi. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement under Chapter 791, Texas Government Code (and any other related documents necessary) with the Region VIII Education Service Center to provide for participation in the purchasing programs of the Region VIII Education Service Center and in The Interlocal Purchasing System (TIPS) Program. SECTION 3. The City of Corpus Christi requests the Region VIII Education Service Center to include a stated need for The Interlocal Purchasing System (TIPS) on the Region VIII Education Service Center's annual contracts for TIPS, whereby the City Manager or his designees are authorized and directed to sign and deliver all or any necessary requests and other documents in connection with TIPS for and on behalf of the City of Corpus Christi. SECTION 4. The names of persons authorized to sign and deliver any necessary requests and other documents in connection with TIPS for and on behalf of the City of Corpus Christi include (i) Director of Engineering Services; (ii) Assistant Director of Engineering Services; (iii) Purchasing Agent/Official; (iv) Procurement Manager; (v) Director of Financial Services; (vi) Assistant Director of Financial Services; and (vii) persons in city staff positions with similar or the same functions as those specifically named above, when any of the names listed above have changed, as the names of positions, titles, and departments change from time to time. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: 29- Mar -10 t, 1 1,, Veronica Ocanas'°` Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor • .•••.■ •■••I, *A • - •• •, • 1 T 1 •• [fAIMAA.If34I1\f1A47111 Tine. A J.. day of , 2010. 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 INTERLOCAL PARTICIPATION AGREEMENT THE INTERLOCAL PURCHASING SYSTEM (TIPS) PROGRAM Region VIII Education Service Center The City of Corpus Christi CITY OF CORPUS CHRISTI Program Member /Local Government REGION VIII EDUCATION SERVICE CENTER Purchasing Cooperative County- District Number 225 - 950 County- District Number This Interlocal Participation Agreement ( "Agreement ") is entered into by and between the Region VIII Education Service Center (R8ESC), PO Box 1894, Mt. Pleasant, Texas 78456- 1894, acting on its own behalf and on behalf of all participating local governments, and the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, Texas, 78401, a Texas home rule municipal corporation and local government of the State of Texas (Program Member). RECITALS WHEREAS, the City of Corpus Christi (Program Member) desires to participate in the TIPS Program in order to facilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings; and WHEREAS, the Program Member is authorized by Chapter 791, et seq., of the Texas Government Code and Chapter 271, et seq., of the Texas Local Government Code, to enter in an agreement for, and to participate in, a .cooperative purchasing program with another local government or local cooperative organization; and WHEREAS, the R8ESC is an administrative agency of local governments cooperating in the discharge of their governmental functions; and WHEREAS, Program Members, the R8ESC and The Interlocal Purchasing System (TIPS) Program have entered into an Interlocal Agreement to provide cooperative purchasing opportunities to participating local governments, which the Program Member does hereby adopt, and any further amendments, and further agrees to become an additional party to that certain Interlocal Agreement; and NOW BE IT RESOLVED, that Program Member in consideration of the agreement of the R8ESC and the TIPS Program with other program members, to provide services as detailed in this agreement, does hereby agree to the following terms, conditions, and general provisions, and in return for the payment of the contributions and subject to all terms of this Agreement, the parties agree as follows: TERMS AND CONDITIONS Statement of Purpose. The purpose of this Agreement is to allow the City of Corpus Christi to purchase good and services through the R8ESC TIPS Program. Adoption of Interlocal Cooperation Participation Agreement. Program Member hereby adopts and approves the Interlocal Participation Agreement. Term. This Interlocal Agreement (hereinafter the "Agreement ") is effective and will be automatically renewed unless either party gives sixty (60) days prior written notice of nonrenewal. Termination. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed. R8ESC agrees to provide cooperative purchasing services to the Program Member through the The Interlocal Purchasing System (TIPS) Program. The purpose of the TIPS Program is to obtain substantial savings for participants through volume purchasing. Role of the R8ESC TIPS Purchasing Cooperative. 1. Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from member entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. Role of the Program Member. 1. Commit to participate in the program by the undersigned authorized signature. 2. Designate a contact person for the cooperative. 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. 5. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 6. Pay vendors in a timely manner for all goods and services received. General Provisions. Page 2 of 5 The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. This Agreement shall be governed by the law of the State of Texas . This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of each such entity. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. This Agreement may be negotiated and transmitted between the Parties by means of a facsimile machine and the terms and conditions agreed to are binding upon the Parties. Authorization. Region VIII Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered into an Agreement to provide cooperative purchasing opportunities to public agencies and local governments. This Agreement was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code ch. 551. The individuals signing below are authorized to do so by the governing bodies of the respective parties. CITY OF CORPUS CHRISTI REGION VIII EDUCATION SERVICE CENTER Angel R. Escobar Date Harvey B. Hohenberger, Jr., Date City Manager Executive Director Region VIII ESC Approved as to legal form: Veronica Ocanas Assistant City Attorney Page 3 of 5 Authorized Contact Persons: Pete Anaya, Director of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826 -3781 telephone (361) 826 -3501 fax P eteAn Cud cctexas .com Mike Barrera, Assistant Director of Financial Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826 -3169 telephone (361) 826 -3174 fax MikeB a cctexas.com Kevin Stowers, Assistant Director of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826 -3519 (361) 826 -3501 KevinS(cctexas.com Paul Pierce, Procurement Manager 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826 -3164 (361) 826 -3174 PauIPacctexas.com Page 4 of 5 Instructions to the Program Member, the City of Corpus Christi: Please send three (3) signed original Interlocal Agreements to the Region VIII ESC, Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director, Region VIII Education Service Center, PO Box 1894, Mt. Pleasant, Texas 75456 -1894. Region VIII ESC Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director Region VIII Education Service Center PO Box 1894 Mt. Pleasant, Texas 75456 -1894 Instructions to the Region VIII ESC: Upon execution of three originals, please return two (2) signed originals to the City of Corpus Christi, Attn: Mr. Pete Anaya, Director of Engineering Services, 3'd floor - Engineering Services Department, 1201 Leopard Street, Corpus Christi, Texas 78401. City of Corpus Christi Attn: Mr. Pete Anaya, Director of Engineering Services 3rd floor - Engineering Services Department 1201 Leopard Street Corpus Christi, Texas 78401 Page 5 of 5 17 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: April 13, 2010 AGENDA ITEM: Resolution determining a public necessity to acquire fee simple title (to the surface estate only) to two tracts of land known as Parcels 10 and 11 [(1) Parcel 10 being a 0.239 -acre (10,410.8 SF) tract of vacant land out of Lot 10, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, p. 54, map records of Nueces County, TX— Steven R. Hook (Owner); and (2) Parcel 11 being a 0.812 -acre (35,369.8 SF) tract of vacant land out of Lot 9, Block 1, of the Nueces River Irrigation Park, as shown on plat recorded in Vol. A, P. 54, map records of Nueces County, TX — the Estate of Albert F. Stuchly, et al (Owner)] for the County Road 52 — US 77 to CR 69 Street Project ( #6471) Bond 2008, for the public purpose, use and construction of street improvements, and for other related public, street, and drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or by exercise of the City's power of eminent domain. ISSUE: This street project was begun by the City in 2002 to acquire sufficient right -of -way to convert the original 30 foot wide County road to a uniform 100 foot wide road right -of- way from US 77 to County Road 69. Eleven parcels of land, each 35 foot wide, were required from both sides of County Road 52. City Land Acquisition staff were successful in acquiring nine of the eleven parcels by dedication. The two remaining parcel owners were reluctant to dedicate and required compensation. Funding was to have been provided by TxDOT /MPO matching funds (80/20). The project is now a Bond 2008 project with 50/50 matching funds being provided by Nueces County. Negotiations have resumed with the two remaining parcel owners and offers have been made based on land appraisals obtained by the City. Every reasonable effort will be made to reach a voluntary sale with the landowner based on good faith negotiations. The landowners have been given the Texas Landowner's Bill of Rights describing their legal rights in the event of eminent domain proceedings. These eminent domain proceedings will be needed in the event negotiations between the parties reach an impasse. Passage of a resolution proclaiming this project a public necessity is necessary for the eminent domain procedure. FUNDING: No funding is required at this time. RECOMMENDATION: Approval of the resolution as presented. Pedro Anaya, P. E. Director of Engineering Services Petean(a�cctexas.com 826 -3781 Attachments: Exhibit A. Background Information Exhibit B. Parcel Map Exhibit C. Resolution H:IHOME\EUSEBIOG \GEN\Agenda Items \CR 52 Resolution, Hook & Stuchly\Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: County Road 52 — US77 to CR 69, Project No. 6471 (Bond 2008) Resolution for Acquisition of Parcels 10 and 11 PROJECT DESCRIPTION: This section of County Road 52, bound between US 77 on the east and County Road 69 on the west, is currently a two lane rural roadway. The proposed County Road 52 improvements will consist of the reconstruction and widening of the existing two lane roadway to a four lane rural road section with a continuous left turn lane, driveways and culverts, improved drainage ditches, and replacement of the culvert which crosses the irrigation canal at the intersection of County Road 69 and 52.The project was originally planned for construction using Texas Department of Transportation (TxDOT) and Metropolitan Planning Organization (MPO) funding participation. Support for the project was withdrawn by the MPO and the project was subsequently resumed by the City using Bond Issue 2008 funds approved on November 4, 2008. In 2002, City Land Acquisition staff began the acquisition of eleven parcels of land needed for the project. Parcel owners on both sides of the road dedicated a thirty -five (35) foot wide section of their land in order to assemble a uniform one - hundred (100) foot wide strip of street right -of -way for the proposed improvements. Nine of the eleven parcels were acquired. Two of the parcel owners required compensation which was not available or funded at the time. Funding has now become available for the project from the Bond Issue 2008 funds and through an Interlocal Cooperation Agreement between the City and Nueces County. The City and County will provide equal funds in the total amount of $2.4 million dollars. Negotiations have resumed with the two remaining landowners. They have been provided with the Texas Landowner's Bill of Rights describing their legal rights in connection with the eminent domain process. Offers of just compensation have been made based on current land appraisals. The landowners have rejected the City's initial offer and have requested additional compensation. The City will negotiate in good faith and attempt to acquire the fee simple land rights through a sale agreement. In the event negotiations reach an impasse, the City will be required to use eminent domain proceedings. Municipalities are allowed eminent domain rights under Chapter 21 of the Texas Property Code. Parcel Descriptions: Parcel 10: This parcel contains .239 acres (10,410.8 sf) of vacant land out of Lot 10, Block 1, of the Nueces River Irrigation Park as shown on a plat recorded in Volume A, page 54 of the Map Records of Nueces County, Texas. It is located on the south side of County Road 52 approximately 975 feet west of US 77 as shown on the attached Exhibit B. The subject parent tract does not have a zoning designation since it is out of the City's city limit but within the City's Extra Territorial Jurisdiction (ETJ). The subject tract of land is currently in crop cultivation. As stated in the appraisal, the land is best suited for light industrial development. The property is owned solely by Steven R. Hook. EXHIBIT A 1 of 3 Parcel 11: This parcel contains .812 acres (35,369.8 sf) of vacant and out of Lot 9, Block 1, of the Nueces River irrigation Park as shown on a plat recorded in Volume A, page 54 of the Map Records of Nueces County, Texas. It is located at the southwest corner of the inter- section of CR52 and US77 as shown on the attached Exhibit B. The subject parent tract also does not have a zoning designation since it is out of the City's city limit but within the ETJ. The subject tract of land is also currently in crop cultivation. As stated in the appraisal, the land is best suited for either commercial use or light industrial development. The property is owned by the Estate of Albert F. Stuchly. PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16, 2008 — Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300 (Ordinance No. 28006) 4. December 15, 2009 - A. Motion authorizing the City Manager, or his designee, to execute the Interlocal Cooperation Agreement between the City of Corpus Christi and Nueces County for an amount up to $1,200,000 to be paid by Nueces County and $1,200,000 to be paid by the City for the shared total project cost of widening and improving County Road 52 from County Road 69 to US 77, subject to the approval of Nueces County. BOND 2008. (Motion No. 2009 -349) B. Ordinance appropriating an amount of $1,200,000 in anticipated revenues from Nueces County in the No. 3530 Street CIP Fund for the joint project between the City and Nueces County to widen and make certain improvements to County Road 52 known as the County Road 52 (from County Road 69 to US 77) Project; changing the FY 2008 -2009 Capital Improvement Budget adopted by Ordinance No. 028006 to increase appropriations by up to $1,200,000; and declaring an emergency. BOND 2008. (Ordinance 028443) C. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $254,477 for preliminary design, design, bid and construction phase services, and additional services for County Road 52 from County Road 69 to US 77. (BOND ISSUE 2008) (subject to the approval of the Inter -local agreement with Nueces County for the shared funding of County Road 52). (Motion No. 2009 -350) D. Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Maverick Engineering Inc. of Corpus Christi, Texas, in the amount of $132,040 for preliminary design, design, bid and construction phase services, and additional services for County Road 69 from County Road 52 to FM 624. (BOND ISSUE 2008) (Motion No. 2009 -351) EXHIBIT A 2 of 3 PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). FUTURE COUNCIL ACTION: Approval of any Special Commissioner's Awards in connection with the eminent domain proceedings. H: \HOME \EUSEBIOG \GEN\Agenda Items \CR 52 Resolution, Hook & Stuchly\Background.doc EXHIBIT A 3 of 3 File : \ Mproject \councilexh \exh6471!ond.dwg NORTHWEST !! w1111411111111111 BOULEVARD name inns 11111111 111111111111 111111 11111111111 11111111 co s cr EM. 624 UECES RIVER McN•R'ON RD PROJECT LOCATION LOCATION MAP NOT TO SCALE COUNTY ROAD 52 PARCEL 10 STEVEN R. HOOK 10,410.8 S.F. PARCEL 11 ESTATE OF ALBERT F. STUCHLY 35,369.8 S.F. VICINITY MAP NOT TO SCALE COUNTY ROAD 52/U.S. 77 TO COUNTY ROAD 69 PROJECT #6471 PARCELS 10 AND 11 EXHIBIT B CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3 -25 -2010 - - NMI IMO RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE SIMPLE TITLE (TO THE SURFACE ESTATE ONLY) TO TWO TRACTS OF LAND KNOWN AS PARCELS 10 AND 11 [(1) PARCEL 10 BEING A 0.239 -ACRE (10,410.8 SF) TRACT OF VACANT LAND OUT OF LOT 10, BLOCK 1, OF THE NUECES RIVER IRRIGATION PARK, AS SHOWN ON PLAT RECORDED IN VOL. A, P. 54, MAP RECORDS OF NUECES COUNTY, TX -- STEVEN R. HOOK (OWNER); AND (2) PARCEL 11 BEING A 0.812 -ACRE (35,369.8 SF) TRACT OF VACANT LAND OUT OF LOT 9, BLOCK 1, OF THE NUECES RIVER IRRIGATION PARK, AS SHOWN ON PLAT RECORDED IN VOL. A, P. 54, MAP RECORDS OF NUECES COUNTY, TX -- THE ESTATE OF ALBERT F. STUCHLY, ET AL (OWNER)] FOR THE COUNTY ROAD 52 — US 77 TO CR 69 STREET PROJECT ( #6471) BOND 2008, FOR THE PUBLIC PURPOSE, USE AND CONSTRUCTION OF STREET IMPROVEMENTS, AND FOR OTHER RELATED PUBLIC, STREET, AND DRAINAGE PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF NEGOTIATIONS OR BY EXERCISE OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a street project known as the County Road 52 — US 77 to CR 69 Street Project ( #6471) Bond 2008 to build street infrastructure improvements along County Road 52 from US 77 to Country Road 69 (the "Project ") for public use as a street, and for other related public, street, and drainage purposes; and WHEREAS, the Project has entered the acquisition phase; and WHEREAS, the City Council of the City of Corpus Christi (the "Council ") desires to determine, confirm, ratify and find that there is a public necessity for the Project; and WHEREAS, the Council desires to determine, confirm, ratify and find that public necessity requires the City acquire and own certain property rights in land from the title owners (Steven R. Hook and the Estate of Albert F. Stuchly, et al) of the tracts of land known as Parcels 10 and 11, as shown and described in Exhibit "B" and which are necessary for the public purpose use of the Project and for the public purpose and use as street and drainage infrastructure ( "the Property "); and 041310 RESO 2 condemn CR 52, Parcels 10 and 11 Pagel of 4 WHEREAS, the Council desires to confirm and authorize the City Manager and City Attorney to acquire the needed property rights by means of negotiations or by exercise of the City's power of eminent domain, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi hereby determines that there is a public necessity for street improvements known as the County Road 52 — US 77 to CR 69 Street Project ( #6471) Bond 2008, as recited above (the "Project "), and that it is necessary for the public welfare and convenience to acquire from the owners, Steven R. Hook and the Estate of Albert F. Stuchly, et al, the fee simple rights to the surface estate only of the subject property shown and described in Exhibit "B" ( "the Property ") for the public purpose of the Project and for other related street, drainage, and public purposes. Public necessity requires that the City acquire the Property either through purchase or by exercise of the power of eminent domain. SECTION 2. The public necessity to acquire the Property for the public purpose and use of the Project and for related street, drainage, and other public purposes, is hereby confirmed and ratified, and all acts done or initiated by employees, attorneys or representatives of the City to acquire and condemn the Property, are hereby confirmed and ratified as authorized, approved, and validated and declared to be valid in all respects and purposes as of the respective dates thereof for the public necessity of the Project, and for public purpose and use as street infrastructure improvements, and for other related street, drainage, and public purposes. SECTION 3. The City Manager and designee are directed to negotiate with the property owners to purchase their property interests in the Property. If the City is unable to acquire the Property by negotiation, the City Attorney and designee are hereby directed and authorized to institute and prosecute to conclusion, or to cause to be instituted and prosecuted to conclusion, all necessary proceedings to condemn the private property interests in the Property in order to acquire fee simple property rights to the Property and to take any other action necessary or incidental to such acquisition or eminent domain proceedings to secure the rights to the Property. SECTION 4. Severability: If any provision, section, subsection, sentence, clause, or phrase of this Resolution, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of. the City Council in adopting this 041310 RESO 2 condemn CR 52, Parcels 10 and 11 Page2 of 4 Resolution that no portion hereof, or provisions or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. SECTION 5. This Resolution takes effect immediately upon passage. ATTEST: Armando Chapa City Secretary Approved as to legal form: 31- Mar -10 $. 1\ By: Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 041310 RESO 2 condemn CR 52, Parcels 10 and 11 Page3 of 4 day of , 2010 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 041310 RESO 2 condemn CR 52, Parcels 10 and 11 Page4 of 4 18 NO ATTACHMENT FOR THIS ITEM 19 NO ATTACHMENT FOR THIS ITEM 20 AGENDA MEMORANDUM AGENDA ITEM: March 23, 2010 PUBLIC HEARING — ZONING (City Council Action Date: April 13, 2010) Case No. 0310 -01 Mostafa Bighamian and Morteza Shafinury -A change of zoning from the "R -1B" One - family Dwelling District to the "B-4" General Business District resulting in a change of land use from Vacant Land to Commercial Shopping Center use on the property described below: 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot 0, generally located north of Saratoga Boulevard, northwest of Summer Ridge Drive, approximately 1,360 feet southeast of Airline Road, at 6902 Saratoga Boulevard. PLANNING COMMISSION AND STAFF RECOMMENDATION (March 3, 2010): Planning Commission and Staff recommends approval of the Applicant's rezoning request for the "B -4" General Business District. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning on 4.56 acres from the "R-1B" One - Family Dwelling District to the "B -4" General Business District to develop the property as a shopping center. Existing Land Uses: The subject property is currently vacant. Existing Zoning: The subject property is zoned as an "R-1B" One - Family Dwelling District. The "R -1 B" District allows for single - family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right -of -way lines. Five foot side or rear yard setbacks are required for single- family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R -1 B" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. Agenda Memo Case No. 0310- 01(Mostafa Bighamian and Morteza Shafinury)) Page 2 The property is bounded by commercial development to the east and west, and partially to the north. The remaining properties to the north and to the south are zoned for apartment house and multiple - family dwelling uses. The closest office /commercial zoning is located approximately 2,460 feet to the northwest of the subject property near the intersection of Airline and Holly Roads. The requested "B -4" zoning would extend and provide contiguity for the existing commercial zoning districts to the east and west of the subject property. Proposed Zoning: The applicant is requesting a change in zoning to the "B-4" General Business Zoning District. The purpose of the "B-4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the "B -4" District. The "B-4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. aktil Juan Perales, Jr., P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp(cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) CITY COUNCIL ZONING REPORT Case No.: 0310 -01 Planning Commission Hearing Date: March 3, 2010 Applicant & Legal Description Applicant: Bighamian Mostafa Owner: Bighamian Mostafa & Morteza Shafinury Representative: Same Address: 6902 Saratoga Boulevard, Corpus Christi, TX Legal Description/Location: A 4.56 ACRE PROPERTY LOCATED IN THE BASS SUBDIVISION, BLOCK 27, LOTS K THROUGH N, BLOCK 28, LOT 0, generally located north of Saratoga Boulevard, northwest of Summer Ridge Drive, approximately 1,360 feet southeast of Airline Road, at 6902 Saratoga Boulevard. Zoning Request From: "R -1B" (One - Family Dwelling) District To: `B -4" (General Business) District Area: 4.56 Acres Purpose of Request: The Applicant is requesting a change in zoning from the "R -1B" One - Family Dwelling District to the `B -4" General Business District to develop a shopping center. Zoning Existing Land Use Future Land Use Site "R -1B" One - Family Dwelling District Vacant Low- density Residential North "R -1B" One - Family Dwelling District, "R -2" Multiple Dwelling District, "A -2" Apartment House District, "B-4" General Business District. Vacant/Commercial Low - density Residential, Medium - density Residential East `B -4" General Business District. Vacant Low- density Residential South "A -2" Apartment House District, `B -4" General Business District. Vacant Commercial West `B -1" Neighborhood Business District Vacant Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for low- density residential uses. The requested "B -4" General Business District zoning is not consistent with the adopted Future Land Use Map which designates the area for low- density residential uses. However, property along Saratoga Boulevard has been transitioning to commercial development for the past 20 years. A modification to the Future Land Use Map would be supported by Staff. Map No.: 042032 Zoning Violations: 2004 (VL) Vacant Lot, 2006 (VL) Vacant Lot STAFF SUMMARY Request: The applicant is requesting a change of zoning on 4.56 acres from the "R -1B" One- Family Dwelling District to the "B -4" General Business District to develop the property as a shopping center. Zoning Report Page 2 Applicant: Bighamian Mostafa, Morteza Shifinury Case #: 0310 -01 Existing Land Uses: The subject property is currently vacant. Existing Zoning: The subject property is zoned as an "R -1B" One - Family Dwelling District. The "R -1B" District allows for single - family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right -of -way lines. Five foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R -1B" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. The property is bounded by commercial development to the east and west, and partially to the north. The remaining properties to the north and to the south are zoned for apartment house and multiple - family dwelling uses. The closest office /commercial zoning is located approximately 2,460 feet to the northwest of the subject property near the intersection of Airline and Holly Roads. The requested `B -4" zoning would extend and provide contiguity for the existing commercial zoning districts to the east and west of the subject property. Proposed Zoning: The applicant is requesting a change in zoning to the `B -4" General Business Zoning District. The purpose of the `B -4" General Business District is to provide sufficient space in appropriate locations for commercial and miscellaneous service activities. Residential density is a maximum of 36 units per acre. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. The `B -4" District requires a 20 -foot front yard setback and no side or rear yard setbacks unless adjacent to a residential district, then a 10 -foot setback is required. Transportation and Circulation: The subject properties will have access to Saratoga Boulevard, currently a 100 -foot wide, A -2 Secondary Arterial, undivided 4 -lane right -of -way, with a continuous center turn lane. Sixty -feet of the 100 -foot right -of -way is currently paved. Street R.O.W. Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2007 Saratoga Blvd. A3 Primary Arterial, 6 -lane with median. A2 Secondary Arterial 100'/65, 4 -lane with continuous 5th center - turn lane' 130'/79' 16,844 Infrastructure Demand: • Water: ••• Wastewater: An 8 -inch water line runs parallel with Saratoga Blvd. The City of Corpus Christi has an 8 inch wastewater line that runs parallel with Saratoga Boulevard. Zoning Report Page 3 ••• Stormwater: • Gas: Public Safety: •3 Police: ••• Fire: Environmental ❖ Flood Zone: ❖ Soils: Applicant: Bighamian Mostafa, Morteza Shifinury Case #: 0310 -01 A stormwater line runs parallel with Saratoga Boulevard. Gas lines are present along the southern boundary of Saratoga Boulevard, running parallel with Saratoga Boulevard. The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C70. Crime statistics indicate an increase from 1,251 crimes committed in 1993, to 1,313 crimes committed in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Sta. # 4, located at 2338 Rodd Field Road, approximately 5,100 feet from the subject property. Constraints: Zone C, areas of minimal flooding. 97.3% (Of) Orelia fine sandy loam • Slope: 0 to 1 percent • Drainage class: Somewhat poorly drained • Depth to water table: About 6 to 12 inches • Frequency offlooding: None • Frequency of ponding: None • Available water capacity: Moderate (about 8.1 inches) 2.7% (VcA) Victoria clay, 0 to 1 percent slopes • Slope: 0 to 1 percent • Drainage class: Well drained • Depth to water table: More than 80 inches • Frequency offlooding: None • Frequency of ponding: None • Available water capacity: Moderate (about 6.9 inches) ❖ Wetlands: None • AICUZ Zones: None COMPREHENSIVE PLAN CONSISTENCY: Land Use Policies: e. EXPANSION OF COMMERCIAL OR INDUSTRIAL USE INTO RESIDENTIAL AREAS MAY BE PERMITTED ONLY IF THE EXPANSION MAINTAINS OR IMPROVES THE RESIDENTIAL DESIRABILITY OF THE IMPACTED AREA. Zoning Report Page 4 Applicant: Bighamian Mostafa, Morteza Shifinury Case #: 0310 -01 If an expansion of commercial and industrial use occurs, the relationship between residential and other land use types should be improved. Improvements should be made to vehicular access, design and location of buildings, parking areas, signs, and lighting. A buffer or open space should also be constructed between residential and intense land use types. However, this policy should not discourage the use of mix -use development in areas where commercial and residential uses are designed harmoniously. Well planned commercial and residential activities in the same or adjacent buildings may actually enhance the quality of an area by providing needed service activities and encourage pedestrian rather than vehicular movement. f. THE DENSITY OF DEVELOPMENT IN AN AREA SHOULD BE- DIRECTLY RELATED TO THE DESIGN CAPACITY OF THE INFRASTRUCTURE. The master plans for water, drainage, streets, gas and wastewater are based on a projected density of commercial and residential development. Problems occur when the actual density of development exceeds projected levels. Therefore, the projected densities utilized in making these plans need to be based on a thorough and realistic analysis of growth patterns and actual market trends, with a built in margin of safety. Actual development should be monitored against these projections to point out potential problem areas well in advance. Residential Policies: c. COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make the use compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. Staff Comments: The commercial uses proposed by the applicant could provide needed services within walking distance from the neighboring multiple family uses. Adequate infrastructure does exist for the density of a commercial shopping center and the subject property has access to Saratoga Boulevard an A2 and proposed A3 right -of -way. The project will be evaluated during the plan review process and will need to provide buffering and light - shielding techniques for the residential uses to the north. In addition, adequate parking will need to be provided. Zoning Report Page 5 Applicant: Bighamian Mostafa, Morteza Shifinury Case #: 0310 -01 AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "Southside" ADP B.5 - POLICY STATEMENT Study fair and equitable ways to promote better protection when two uses of differing intensity abut each other. The Planning Department will propose ordinance changes that will help assure a sufficient buffer of open space and /or land use, etc. when two or more differing intensities of land use abut. Such methods may include, but are not limited to, larger zoning setbacks, landscaping and /or screening. B.7 - POLICY STATEMENT New high- intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low- intensity residential areas. Staff Comment: Staff is concerned that the proposed commercial use and the lack of a building height requirement in the "B -4" Zoning District may not be compatible with the residential uses located to the north of the subject property. Staff recommends a maximum height allowance of the proposed development as a condition of approval. RELATIONSHIP TO SMART GROWTH PRINCIPLES: (See Attachment # 8): (The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these policies are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for increasing populations and growth; and achieving healthy communities that provide families with a clean environment.) The project was rated against Smart Growth Principles and received 3 stars out of a possible 5 stars, with a total of 47 points. PLAT STATUS: The subject property is platted. DEPARTMENT COMMENTS: ❖ The neighboring properties to the east and west, and partially to the north, are also planned for commercial uses. The requested `B -4" District would be considered an extension of the existing commercial zoning. PLANNING COMMISSION & STAFF RECOMMENDATION: Approval of the Applicant's request for a change in zoning to the "B -4" General Business District. Zoning Report Page 6 Applicant: Bighamian Mostafa, Morteza Shifinury Case #: 0310 -01 Number of Notices Mailed: 23 within 200 foot notification area; 5 outside notification area Favor — _1_ (inside notification area); _0_ (outside notification area) Opposition — _1_ (inside notification area); _0_ (outside notification area) For % as of February 26, 2010 Attachments: 1. Site 2009 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart '. $E #"O. I -01.. 4. ;SITE - :EXISTING `ZONING NOTICE. AREA 4.. 0.NERSWP AO: earH■4e wsktr 1-.1. LI11,ke nrllailrolsilI: •14.1n•' JI'*Inyn1.1.1YSe. elsitl • 'FR LIhI tryakr.l*lid A-./. Al.Snen[H6.aeillikkf Fa.. Oki.' rui.oFr•dlifrkf .Ae. 13r0.0.1 +.:e ;ikNFI elle a i'LriLle* *reeril kr :INI ;D mid, :, 'R=111 .Fe l:. 11R.9•WIFil dkild '. El ieleei�7.1.1 pie hlsk[I R 19.'One aipill; e.'IIii' Nb.. ' 1.1S,'.le11ii.r•a�res plsirl IC-ie :pre Frae eft ON' a is 01;1 '.e iiift0ll8Ld reg alskigl, H-2 N1lIMe.117 mlid R A if- a1r...e.re[ *drrl�lrea eitkrl a.: c [ d . O W 0 *kid • : .1-] .&6fikeYS'd1sNd. •RE•. fl'eslieril E00 e1$FIE1:: .e•+ [km1+ Lrare:i MI Rd. R.m...:1_.r_ ie,e_IG'4 his OW e4 prrm*r'elalre's 1 il1FEI • $P,'. grepr`PeimR • 976 'Immirj'idlrese.e.9kFd: t', A Wei" -n elorPrs 0.khd; • eR: !link C1ehlflew,eesIn'11f1, T -14 MWSaki.red H.ne P.03101111.: 'f win fl, ..inilE •: •T-t Y•W1}irLe+,[44:itaiiiMsKF HF ,illik :r-ni!iiitarm.f: altkrl - ' . .. r . IPlpFuri r. ... gLrlLfbe 1Np *sr Aug Lei S WAiiIhEvNSis9 p1 • : awlea .. ti COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0310 -01 Name: Bighamian Mostafa and Morteza Shafmury I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: Favor: Opposition: 23 8 1 1 (.53 %) #16: Livy Sandra Garza — "I don't want to see my backyard facing a building of business. Not a pretty site. The noise of traffic is not appealing either." II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 5 Returned undeliverable: 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Total number mailed: 0 Returned undeliverable: 0 Favor: 0 Opposition: 0 H: \PLN -DIR \SHARED \1. Planning Commission\2010 PC\2010 Public Comments \0310 -01 Bighamian Mostafa and Morteza p N l O o:. '° C r !"11 l 33 ; m y o m � o mti, °s a aN OI � N N p r 0 Or e ?MI * 1 o x u as o o g o 0 liaft c c A R a A e N u o 0 g N N n a 8 o yy yy55y11 444 X44 . R X X R X 4 8 X% R X 0% X 0 sN¢WWmW "g�W;Wgg�glS &SS &S ggss;msmm;£IE111��1119111 m >y ssmm ssmyy C C 2 2 Z 2 T2 Y 2 2 2 2 Z Z y y y -1 y -ri y i -r1 ��W'ZZ�WZ�S aa ZZ -z... z z z z z z Z z ,5555555555 .55 1 1 1 1 1 1 1 1 1 1 1 4 mm m ra m 0 01 � a R R R nV V V V V V V V V V V V D IY o W o 0 0 0 o 0 0 0 0 0 A A J 8 88900 °m � W8a°1 o°1 °mNw N oWO o9O °w °981 WI°a 28039$ W °9 W9a 88888888888 %888888 %88888880 AR %? SMART GROWTH COMPARISON: ATTACHMENT #8 The principles listed below are taken from "Getting to Smart Growth II: 100 More Policies for Implementation ", provided by the Smart Growth Network. The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these principles are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming o tions for increasing populations and growth and achieving healthy communities that provide families with a clean environment. P Zoning Case:_ #0310 -01 Bighamian Mostafa, Morteza Shafinury From: _ "R -1B "_ To _ "B -4 "_ Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 6 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood - serving retail /service? 2 uses added 1 use added 2 1 x 3 6 Reuses closed, decommissioned, or obsolete institutional uses? Yes No 1 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public buildings, etc.) 4 + uses 3 + uses 3 2 x2 0 2 + uses 1 2. Takes advantage of compact building design. 2 Utilizes reduced setbacks and/or compact development that supports more Yes 1 stores and restaurants within a neighborhood boundary, or creates opportunities to pursue a range of activities in a small area? x 3 0 Manages and effectively provides a transition between higher and lower - density Yes 1 x 2 2 neighborhoods? No 0 3. Creates a range of housing opportunities and choices. 3 Implements a range of housing options with a variety of types and unit sizes Yes 1 x 3 0 within the community? (condos, townhomes, single - family, apartments) No 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and/or low- income Yes 1 x 3 0 homeowners and individuals to reduce building costs and uses available resources more effectively? No 0 The project promotes development (residential, commercial, office) with a wide Yes 1 x 3 range in pricing available for varying income levels for sale or lease? No 0 4. Creates walkable neighborhoods. 3 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- distance commutes? Yes 1 x 3 3 Will incorporate sidewalks or a bike or pedestrian path into the final Yes 1 x 3 0 development or connects to existing sidewalks? No 0 Promotes development so children are close enough to walk to school? Yes No 1 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides Yes 1 x 2 0 focus on a historical, cultural, or natural attributes? No 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Yes No 1 0 x 2 0 Development Plan, the Future Land Use Map, and/or Comprehensive Plan? Promotes shopping and makes retail centers distinctive and attractive Yes 1 x 3 0 destinations and gathering places where residents frequent on the weekends? No 0 Revitalizes the waterfront, beach, or bay areas? Yes No 1 0 x 3 0 Does the project remove blight from its neighborhood? Yes No 1 0 x 3 0 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 3 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these Yes 1 x 4 0 areas; utilizes land management techniques, to decrease the amount of pollution entering the water system and preserve wildlife habitats? No 0 Does the project implement green building techniques or standards for reducing Yes 1 x 3 0 environmental impacts? No 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 x 3 3 minimum) to replace trees being removed? No 0 Provides community green open space or includes useable green space for Yes 1 x 3 0 outdoor recreation and preserves views of scenic, historic or cultural areas? No 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 0 farmland? No 0 7. Strengthens and directs development toward existing communities. 18 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 'A mile 2 x 4 12 '/4 to 'A mile 1 '/z + miles 0 Is the availability of existing public services, such as police, fire, schools and Yes 1 x 3 3 health, sufficient to serve the project? No 0 Is the project a redevelopment of an existing building or brownfield area that Yes 1 x 3 0 would make the property a productive piece of land? No 0 Will the project encourage commercial and retail investment in underserved Yes 1 x 3 3 communities? No 0 Does the project enhance the use of existing public outdoor recreation facilities Yes 1 x 2 0 or areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 0 x 2 0 8. Provides a variety of transportation choices. 9 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) Yes No 1 0 x 3 3 9. Makes development decisions predictable, fair and cost effective. 3 The project is consistent with the Future Land Use Map and Comprehensive Yes 1 x 2 0 Plan? No 0 The project is consistent with the Area Development Plan? Yes 1 x 2 0 No 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without Yes 1 x 3 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 x 3 0 provide onsite retention? No 0 Does project contribute to the economic vitality and diversity of the community Yes 1 or propose commercial or industrial development in areas with high unemployment or chronic poverty? No 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 47 n -211 nts = * 21 -39 nts. * * 40 -59 nts = * * * 60 -79 pts = * * * * 80 -100 pts = * * * * * * * * AMENDED MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, March 3, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly ABSENT John Taylor Mark Adame Govind Nadkarni ABSENT STAFF: Juan Perales, P.E., ACM, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Lisa Wargo, Senior City Planner Deborah Brown, Legal Counsel Daniel McGinn, Senior Project Manager I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning b. Case No. 0310 -01: Mostafa Bighamian and Morteza Shafinury — A change of zoning from the "R-1B" One - family Dwelling District to the "B -4" General Business District 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot 0, generally located north of Saratoga Boulevard, northwest of Summer Ridge Drive, approximately 1,360 feet southeast of Airline Road, at 6902 Saratoga Boulevard. Ms. Wargo presented the above stated case via Powerpoint. Ms. Wargo stated the applicant is Bighamian Mostafa. The applicant is requesting a change of zoning from the "R-1B" One - family Dwelling District to the "B -4" General Business District for the development of a shopping center. The "R -1B" District allows for single - family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. It does not permit commercial shopping center uses. The `B -4" District provides sufficient space in appropriate locations for commercial and miscellaneous service activities and shopping centers. Warehousing, manufacturing, heavy auto repair, open storage and off -site advertising uses are among the uses which are not allowed in the `B -4" District. Department Comments: The proposed rezoning is not compatible with the Area Development Plan and is not consistent the Future Land Use Map. However, the neighboring properties to east, south, west, and partially to the north are also planned for commercial uses. Staff feels that the proposed use could be beneficial to the area residents. Staff recommends approval of the "B- 4" General Business District. Planning Commission Minutes March 3, 2010 Page 2 Of the 23 notices mailed within the 200' property radius, 1 was returned in favor and 1 in opposition for .53 %. The property is platted and there have been 2 Code Enforcement violations reported onsite, in 2004 and in 2006 a (VL) violation was reported Public hearing was opened. Amanda Aranda, 6905 Sandra Lane, came forward and questioned what type of development would be established on the property. Mr. Bighamian stated he is rezoning to develop a shopping center. Motion to approve was made by Commissioner Tamez and seconded by Commissioner Skrobarczyk. Motion passed unanimously with Commission Nadkarni and Commissioner Kelly being absent. H:\PLN- DIR \SHARED\ZONING \PLANNING COMMISSION\MINUTES\2010 \3 -3 -10 MINUTES.DOC Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MOSTAFA BIGHAMIAN AND MORTEZ SHAFINURY, BY CHANGING THE ZONING MAP IN REFERENCE TO A 4.56 ACRE TRACT OF LAND LOCATED IN THE BASS SUBDIVISION, BLOCK 27, LOTS K, L, M, N, AND BLOCK 28, LOT 0, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Mostafa Bighamian and Morteza Shafinury, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 3, 2010, during a meeting of the Planning Commission, and on Tuesday, April 13, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on the 4.56 acre tract of land located in the Bass Subdivision, Block 27, Lots K, L, M, N, and Block 28, Lot 0, located North of Saratoga Boulevard, Northwest of Summer Ridge Drive, approximately 1,360 feet Southeast of Airline Road, at 6902 Saratoga Boulevard, from "R -1 B" One - Family Dwelling District to "B -4" General Business District. (Zoning Map 042032) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H: \LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \4 -13 -10 \CASE NO. 0310 -01 Bighamian Mostafa and Morteza Shafinury\ ORD- zoning0310- 01- MostafaShafinury- BassSubdivision- B -4.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the. Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of April, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: , 2010 borah Walther Bro Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \4 -13 -10 \CASE NO. 0310 -01 Bighamian Mostafa and Morteza Shafinury\ ORD- zoning0310- 01- MostafaShafinury- BassSubdivision- B -4.doc Page 3of3 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \4 -13 -10 \CASE NO. 0310 -01 Bighamian Mostafa and Morteza S hafinury\ORD- zoning0310 -01- MostafaShafinury- BassSubdivision- B -4.doc 21 AGENDA MEMORANDUM AGENDA ITEM: March 23, 2010 PUBLIC HEARING — ZONING (City Council Action Date: April 13, 2010) Case No. 0310 -03 Ron Peck- A change of zoning from the "B -5" Primary Business District to the "1 -2" Light Industrial District resulting in a change of land use from Commercial Vacant Building to Auto and Motorcycle Repair and Paint use on the property described below: .52 acre tract of land located in South Bluff, Block 12, Lots 6 through 8, generally located on the south side of Kinney Street, west of South Carrizo Street, and east of King Street, at 923 Kinney Street. PLANNING COMMISSION AND STAFF RECOMMENDATION (April 13, 2010): Denial of the applicant's request for a change in zoning to the "1 -2" Light Industrial District in lieu of a Special Permit with the following six (6) conditions and subject to a site plan: 1. USE: The only use authorized by this Special Permit other than the basic "B -5" Neighborhood Business District uses is an enclosed vehicle paint and body shop. 2. HOURS OF OPERATION: Monday - Thursday 7 a.m. to 8 p.m., Friday - Saturday 7 a.m. to 9 p.m., Sunday 11 a.m. to 6 p.m. 3. SCREENING / LANDSCAPING: A solid screening fence shall be placed along the property lines adjacent to residential properties. Landscaping of the property shall comply with the requirements of Article 27B of the Corpus Christi Zoning Ordinance. 4. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 6. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. Agenda Memo Case No. 0310 -03 (Ron Peck) Page 2 STAFF SUMMARY: Request: The applicant is requesting a change of zoning on .51 acres from the "B -5" Primary Business District to the "1 -2" Light Industrial District, to allow for motorcycle assembly, restoration, and painting. Background: The applicant is requesting the change of zoning to "1 -2" Light Industrial District, in order to relocate and expand his business of customization, motorcycle assembly, and restoration. He wishes to expand to 7 to 10 employees and place a booth for painting. He has indicated that painting is 30% of his business. Existing Land Uses: The subject property is currently being used as a vacant warehouse use. The existing facility consists of approximately 14,283 square feet. Existing Zoning: The subject property is zoned as a "B -5" Primary Business District. The "B -5" Primary Business District allows for intense commercial, as well as, limited manufacturing and auto repair without painting. This zoning district does not provide for one - family or two- family homes, unless ancillary to the main use and located within the same structure. The "B -5" Primary Business District does not require a front yard building setback. Although, a 10 foot rear yard and /or side yard setback is required when adjacent to residential zoning districts. Proposed Zoning: The applicant is requesting a change in zoning to the "1 -2" Light Industrial District. The "1 -2" Light Industrial District permits several industrial uses including Auto repair with painting, allows for the uses of less intense zoning districts with the exception of dwellings (i.e. permanent or temporary). The "1 -2" Light Industrial District does require a front yard building setback of 20 feet from the property line. Furthermore, a 10 foot rear yard and /or side yard setback is required when adjacent to residential zoning districts. 141,1 evi Juan Perales, Jr., PE. Assistant City Manager, Departments of Engineering and Development Services Email: iohnnvp cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) CITY COUNCIL ZONING REPORT Case No.: 0310 -03 Planning Commission Hearing Date: March 3, 2010 Applicant & Legal Descri tion Applicant: Ron Peck Owner: James S. Gottlich Representative: Same as Applicant Address: 923 Kinney Street, Corpus Christi, TX 78401 Legal Description/Location: South Bluff Subdivision, Block 12, Lots 6 thru 8, situated at 923 Kinney Street, located approximately 500 feet east of South Staples Street at the intersection of Kinney and Waco Streets. Zoning Request From: `B -5" Primary Business District To: "I -2" Light Industrial District Area: .51 acres Purpose of Request: The Applicant is requesting a change in zoning from the `B -5" Primary Business District to the "I -2" Light Industrial District, to allow for vehicle restoration and painting. Zoning Existing Land Use Future Land Use Site `B -5" Primary Business District Commercial Commercial North "B -5" Primary Business District "I -3" Heavy Industrial District Public /Semi - Public Vacant Commercial East `B -5" Primary Business District Professional Office Commercial South "B -4" General Business District "A -2" Apartment House District Public /Semi - Public Low Density Residential Commercial West `B -5" Primary Business District Professional Office Vacant Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the South Central Area Development Plan and is planned for commercial uses. The requested "I -2" Light Industrial District zoning is not consistent with the adopted Future Land Use Map which designates the area for commercial uses. A modification to the plan allowing for a Special Permit to accommodate the requested use while protecting the surrounding properties could be supported. Map No.: 045,044 Zoning Violations: None Zoning Report Page 2 STAFF SUMMARY Applicant: Ron Peck Case #: 0310 -03 Request: The applicant is requesting a change of zoning on .51 acres from the `B -5" Primary Business District to the "I -2" Light Industrial District, to allow for motorcycle assembly, restoration, and painting. Background: The applicant is requesting the change of zoning to "I -2" Light Industrial District, in order to relocate and expand his business of customization, motorcycle assembly, and restoration. He wishes to expand to 7 to 10 employees and place a booth for painting. He has indicated that painting is 30% of his business. Existing Land Uses: The subject property is currently being used as a vacant warehouse use. The existing facility consists of approximately 14,283 square feet. Existing Zoning: The subject property is zoned as a `B -5" Primary Business District. The "B -5" Primary Business District allows for intense commercial, as well as, limited manufacturing and auto repair without painting. This zoning district does not provide for one- family or two - family homes, unless ancillary to the main use and located within the same structure. The "B -5" Primary Business District does not require a front yard building setback. Although, a 10 foot rear yard and/or side yard setback is required when adjacent to residential zoning districts. Proposed Zoning: The applicant is requesting a change in zoning to the "I -2" Light Industrial District. The "I -2" Light Industrial District permits several industrial uses including Auto repair with painting, allows for the uses of less intense zoning districts with the exception of dwellings (i.e. permanent or temporary). The "I -2" Light Industrial District does require a front yard building setback of 20 feet from the property line. Furthermore, a 10 foot rear yard and/or side yard setback is required when adjacent to residential zoning districts. Transportation and Circulation: The subject properties will have access to Kinney Street, a 60 -foot wide, C -1 Minor Residential Collector, with an undivided 2 -lane right -of -way. Forty feet of the 60 -foot right -of -way is currently paved. Street R.O.W. Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2008 Kinney St. C -1 Minor Residential Collector, Undivided 60' / 40' 60' / 40' N/A Infrastructure Demand: ••• Water: ••• Wastewater: An 6 -inch water line runs parallel with Kinney Street and a 4 -inch along King Street. The City of Corpus Christi has an 8 inch wastewater line that runs along Kinney Street. Zoning Report Page 3 •'• Stormwater: • Gas: Public Safety: • Police: ❖ Fire: Applicant: Ron Peck Case #: 0310 -03 A stormwater line runs parallel with Kinney Street. Gas lines are present along northwest property boundary and the southeast corner of the subject property. The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D30. Crime statistics indicate an increase from 1,140 crimes committed in 1993, to 958 crimes committed in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Sta. # 3, located at 1401 Morgan Avenue, approximately 5,600 feet from the subject property. Environmental Constraints: • Flood Zone: Zone C, areas of minimal flooding. ❖ Soils: 100% Urban Land • Wetlands: None • AICUZ Zones: None COMPREHENSIVE PLAN CONSISTENCY: Commercial: C. DETERIORATING AND DECLINING BUSINESS AND SHOPPING AREAS SHOULD BE REVITALIZED THROUGH THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND OTHER FINANCING MECHANISMS OR INCENTIVES. Historically, many shopping areas have been focal points of community activity but today some face decline. Efforts to improve these areas should include programs that deal with general urban design, public transit, auto access, parking, marketing, and management techniques. Minor and major structural improvements or rebuilding, might be financed by grants, low- interest loans, and tax incentives. AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "South Central" MW POLICY STATEMENT B. 34 — Planning Area C The existing industrial development in Planning Area C, should not be expanded in area. Zoning Report Page 4 Applicant: Ron Peck Case #: 0310 -03 RELATIONSHIP TO SMART GROWTH PRINCIPLES: (See Attachment # 8): (The Smart Growth Principles are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these principles are not meant to serve as additional development requirements or regulations. Smart Growth Principles for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for increasing populations and growth; and achieving healthy communities that provide families with a clean environment.) The project was rated against Smart Growth Principles and received 2 stars out of a possible 5 stars, with a total of 33 points. PLAT STATUS: The subject property is platted. DEPARTMENT COMMENTS: ❖ The property is an existing commercial building which could make it a good candidate as an adaptive reuse of an existing building through the Special Permit process. PLANNING COMMISSION & STAFF RECOMMENDATION: Staff recommends denial of the requested "I -2" Light Industrial District in lieu of a Special Permit, based on the following six (6) conditions and subject to a site plan: 1. USE: The only use authorized by this Special Permit other than the basic `B -5" Neighborhood Business District uses is an enclosed vehicle paint and body shop. 2. HOURS OF OPERATION: Monday - Thursday 7 a.m. to 8 p.m., Friday- Saturday 7 a.m. to 9 p.m., Sunday 11 a.m. to 6 p.m. 3. SCREENING/ LANDSCAPING: A solid screening fence shall be placed along the property lines adjacent to residential properties. Landscaping of the property shall comply with the requirements of Article 27B of the Corpus Christi Zoning Ordinance. 4. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 6. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations. Zoning Report Page 5 Applicant: Ron Peck Case #: 0310 -03 Number of Notices Mailed: 23 within 200 foot notification area; 6 outside area. Favor — 4 (inside notification area); 0 (outside notification area) Opposition — 2_ (inside notification area); 0 (outside notification area) For6.12% as of March 3, 2010 Attachments: 1. Site 2009 Aerial 2. Neighborhood Existing Land Use 3. Site Existing Land Use 4. Site Future Land Use 5. Site Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Chart ROY.° TRA. r- MFR -A RR:fire agarilite CA .E: : r7 -03—: 4.. 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R r ti Preiere#M 4._oh`_tp 4p§ r � wg Mg diEr r } : • I" swan ao9 7w paws .1.113 EpOwieisirw g . M Op'rasle. COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0310 -03 Name: Ron Peck I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 23 0 Favor: 4 Opposition: 2 (6.12 %) # 10: Louis J Toupa - "Environmental hazard paint" # 11: Sylvia A Toupa - "Environmental hazard paint" II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 6 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 Opposition: 0 IV. 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N W W W O• 01 W 4/13.13.0V N 01 O In VI 0 W A O C O Co N 0 0 0 1+ I+ O O I-• W 'co A o io 0 00 co 0 N 01 CO A 34 A N 01 CO 01 t' 1• 01 01 co m N 01 N W 0 W 0 0 0 0 0 0 W 0 P. O W 0000000999000900990999903 0 0 0 6 0 0 6 0 0 0 0 6 6 0 0 6 0 0 6 0 0 0 0 2 W W W W W W W W W W W W W W W W W W W W W W W 0 SMART GROWTH COMPARISON: ATTACHMENT 8 Polices listed below are taken from "Getting to Smart Growth 11: 100 More Policies for Implementation'; provided v the Smart Growth Network. These policies are intended to offer an alternative approach to development and should not be viewed as development mandates. Although encouraged based on their ability to improve the city's function and livability, these policies are in no way meant to serve as additional development requirements or regulations. Smart Growth policies for Corpus Christi merely offer viable development options capable of effectively supporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for increasing populations and growth; and achievin.4 healthy communities that provide families with a clean environment. _ Zoning Case:0310 -03 From: "B -5" Primary Business District To "I -2" Light Industrial District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 3 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail /service? 1 use added 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores Yes 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue No 0 x 3 a range of activities in a small area? 0 Manages and effectively provides a transition between higher and lower- density Yes 1 2 neighborhoods? No 0 x 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes within Yes 1 3 the community? (condos, townhomes, single - family, apartments) No 0 x 0 Utilizes private and public property tax exemption programs or local, state, or federal funding incentives for mixed - income developments and /or low- income Yes 1 x 3 homeowners and individuals to reduce building costs and uses available resources No 0 more effectively? 0 The project promotes development (residential, commercial, office) with a wide Yes 1 3 range in pricing available for varying income levels for sale or lease? No 0 x 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and Yes 1 other services that promotes walkable communities and reduces long- distance No 0 x 3 commutes? 0 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 3 or connects to existing sidewalks? No 0 x 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 3 The building is an existing building that is historic in any way, or provides focus on Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 0 Promotes shopping and makes retail centers distinctive and attractive destinations Yes 1 and gathering places where residents frequent on the weekends? No 0 x 3 0 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x 3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x3 0 S. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; Yes 1 x 4 utilizes land management techniques, to decrease the amount of pollution entering No 0 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 x3 environmental impacts? No 0 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 3 minimum) to replace trees being removed? No 0 x 0 Provides community green open space or includes useable green space for outdoor Yes 1 x 3 recreation and preserves views of scenic, historic or cultural areas? No 0 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x2 farmland? No 0 0 7. Strengthens and directs development toward existing communities. 18 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than I/a mile 2 x 4 1/4 to 1/2 mile 1 '/ + miles 0 0 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 0 Is the project a redevelopment of an existing building or brownfield area that would Yes 1 make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its Yes 1 neighborhood schools with closure or support residential use in areas with No 0 x 2 historically declining school enrollment? 0 8. Provides a variety of transportation choices. 3 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 0 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x3 0 9. Makes development decisions predictable, fair and cost effective. 3 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 0 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 0 Is the proposed project located along transportation corridors where traffic is Yes 1 funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? No 0 x 3 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 provide onsite retention? No 0 x 3 0 Does project contribute to the economic vitality and diversity of the community or Yes 1 propose commercial or industrial development in areas with high unemployment or chronic poverty? No 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 33 0 -20 pts = * ® 21 -39 pts.= * * 40 -59 pts = 60 -79 pts = * * * * 80 -100 pts = AMENDED MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday, March 3, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly ABSENT John Taylor Mark Adame Govind Nadkarni ABSENT STAFF: Juan Perales, P.E., ACM, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services/Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Lisa Wargo, Senior City Planner Deborah Brown, Legal Counsel Daniel McGinn, Senior Project Manager I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:35 p.m. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning d. Case No. 0310 -03: Ron Peck — A change of zoning from the "B -5" Primary Business District to the "I -2" Light Industrial District .52 acre tract of land located in South Bluff, Block 12, Lots 6, 7, and 8, generally located on the south side of Kinney Street, west of South Carrizo Street, and east of King Street, at 923 Kinney Street. Ms. Wargo presented to the above case via Powerpoint. The applicant is Ron Peck. The applicant is requesting a change of zoning from the "B -5" Primary Business District to the "I -2" Light Industrial district for a new motorcycle assembly, restoration and painting business. The `B -5" District is intended to provide for all types of business, commercial, and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing or uses that require open storage of materials. Auto and motor cycle body painting is not permitted in this district. The "I -2" Light Industrial District provides for light manufacturing, fabricating, warehousing, and wholesale distributing; this district does permit auto and motor cycle body painting. Site Future Land use map showing the subject property as being planned for commercial use as well as all of the remaining surrounding properties. Department Comments: The property is an existing commercial building which could make it a good candidate as an adaptive reuse of an existing building through the Special Permit process. Planning Commission Minutes March 3, 2010 Page 2 Staff recommends denial of the requested "I -2" Light Industrial District in lieu of a Special Permit, based on the following six (6) conditions and subject to a site plan: 1. USE: The only use authorized by this Special Permit other than the basic "B -5" Neighborhood Business District uses is an enclosed vehicle paint and body shop. 2. HOURS OF OPERATION: Monday- Thursday 7 a.m. to 8 p.m., Friday - Saturday 7 a.m. to 9 p.m., Sunday 11 a.m. to 6 p.m. 3. SCREENING/ LANDSCAPING: A solid screening fence shall be placed along the property lines adjacent to residential properties. Landscaping of the property shall comply with the requirements of Article 27B of the Corpus Christi Zoning Ordinance. 4. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 6. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations. Of the 23 notices mailed within the 200 foot property radius, one notice was returned in favor and 0 in opposition. Public hearing was opened. Mr. Ron Peck came forward and stated he was available to answer any questions. Mr. Peck stated he had taken the time to speak to neighbors, including the day care across the street, who were all in favor. In response to Commissioner Skrobarczyk, Mr. Peck stated he was agreeable to the conditions of the Special Permit. Carolyn Moon came forward and stated she lives down the street from the property and the reuse of the building would be nice. Public hearing closed. Motion to deny the requested "I -2" Light Industrial District in lieu of approval of a Special Permit with conditions was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed with unanimously with Commissioners Nadkarni and Kelly being absent. Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RON PECK, BY CHANGING THE ZONING MAP IN REFERENCE TO A .52 ACRE TRACT OF LAND LOCATED IN SOUTH BLUFF, BLOCK 12, LOTS 6 THROUGH 8, FROM "B -5" PRIMARY BUSINESS DISTRICT TO "B -5 /SP" PRIMARY BUSINESS DISTRICT WITH A SPECIAL PERMIT, TO ALLOW FOR AUTO AND MOTORCYCLE REPAIR AND PAINT USE, SUBJECT TO A SITE PLAN AND SIX (6) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ron Peck, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 3, 2010, during a meeting of the Planning Commission, and on Tuesday, April 13, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on a .52 acre tract of land located in South Bluff, Block 12, Lots 6 through 8, generally located on the south side of Kinney Street, west of South Carrizo Street and east of King Street, at 923 Kinney Street, from "B -5" Primary Business District to "B -5 /SP" Primary Business District with a Special Permit to allow for auto and motorcycle repair and paint use, subject to a site plan, attached, and six (6) conditions. (Zoning Map 045044) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following six (6) conditions: 1. USE: The only use authorized by this Special Permit other than the basic "B -5" Neighborhood Business District uses is an enclosed vehicle paint and body shop. 2. HOURS OF OPERATION: Monday- Thursday 7 a.m. to 8 p.m., Friday - Saturday 7 a.m. to 9 p.m., Sunday 11 a.m. to 6 p.m. H:\LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \4 -13 -10 \CASE NO. 0310 -03 RON PECK \ORD- zoning0310 -03 -Peck- SouthBluff-B-5- special permit.doc Page 2 of 4 3. SCREENING /LANDSCAPING: A solid screening fence shall be placed along the property lines adjacent to residential properties. Landscaping of the property shall comply with the requirements of Article 27B of the Corpus Christi Zoning Ordinance. 4. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 5. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 6 TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules and regulations. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of April, 2010. H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \4 -13 -10 \CASE NO. 0310 -03 RON PECK \ORD- zoning0310 -03 -Peck- SouthBluff-B-5- special permit.doc Page 3 of 4 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: On the 5th day of April, 2010 eborah Walther Bro Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \4 -13 -10 \CASE NO. 0310 -03 RON PECK \ORD- zoning0310 -03 -Peck- SouthBluff-B-5- special permit.doc Page 4 of 4 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \4 -13 -10 \CASE NO. 0310 -03 RON PECK \ORD- zoning0310 -03 -Peck- SouthBluff-B-5- special permit.doc UFF i "r 8LUC�FER AR iR saL : ttER ARROYtl Tlii:inswit JECT PROPER S rT6' AC , MR Z1.VHSE IL i Imo a j31 11 ava wit Igo toi PIA ,i,i411111 ...hos siturg A -2 'ARROYO TRACT RIA {NIg4. POPE 6 NMI 3 RR YO TR CT CE T INAIARF p• TTr, AF AD T N PLACE BR YT. CASE # 0310 -03 PLANNING COMMISSION STAFF RECOMMENDATION EXHIBIT A Denial of From: B -3 To: 1 -2 In lieu of B -5 with Special Permit ORDINANCE: BLUFF P �0 Feet *EXE PARK XEMI Ma t OCATION MAP I c is) ' t. '4, , Car' \ —4 0.' 0 i ,--1. '10 t 1 22 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Date: April 13, 2010 A. Public Hearing to receive public comments regarding the City of Corpus Christi's proposed FY2010 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) Programs. B. Council discussion and possible recommendations on a list of projects /activities to be funded. ISSUE: HUD regulations and the approved FY2008 — FY2012 Consolidated Plan /Citizens Participation Plan require two public hearings prior to adoption of the FY2010 CAAP; one public hearing was held at the Antonio E. Garcia Education Center and one public hearing is now being held before City Council. REQUIRED COUNCIL ACTION: Conduct public hearing with Council regarding the 2010 CAAP with possible recommendations on a list of projects /activities to be funded. FUTURE COUNCIL ACTION: Final adoption of the FY2010 CAAP on April 20, 2010. RECOMMENDATION: It is recommended that a brief presentation be made to the City Council at the opening of the public hearing so that staff may present the outline of the FY2010 CAAP and recommended programs. After the public hearing is concluded, the City Council may, at their discretion, discuss and possibly recommend on a list of projects /activities to be funded under the FY2010 CAAP. Eddie Ortega Neighborhood Services Director Eddieo@cctexas.com 361.826.3234 BACKGROUND INFORMATION The City of Corpus Christi received notification from the U.S. Department of Housing and Urban Development (HUD) regarding the FY2010 allocation for the following programs. $3,663,796 Community Development Block Grant (CDBG) $1,775,515 HOME Investment Partnerships (HOME) $148,916 Emergency Shelter Grants (ESG) In addition, for the CDBG program, approximately $600,000 from the revolving rehabilitation loan program provided from previous CDBG years, $134,992 of program income from the Demolition Liens /Clearance of Vacant Properties projects and $655,005 of reprogrammed funds from the CDBG Program. Therefore, a total of approximately $5,053,793 is available for the FY2010 CDBG Program. Since 1975, The City of Corpus Christi has been appropriated more than $162.2 million through HUD for the CDBG Program that includes approximately $15.5 million of program income generated through the various programs administered by Community Development. For the HOME program, program income of $130,000 from loans provided during previous HOME years and $1,775,515 of entitlement funds is available. A total of $1,905,515 is available for the FY2010 HOME Program. The HOME Program began in 1992 to help increase and improve affordable housing opportunities. Total HOME funds of $30 million have funded rental and home ownership subsidy programs as well as rehabilitation and reconstruction of affordable housing. More than $2.1 million of program income from previous loans have also been considered in the amount of available funds for the HOME program. For the ESG program, an allocation of $148,916 is available for FY2010. The ESG Program provides funds to homeless providers to defray the cost of operations and maintenance of local emergency shelters as well as providing funds for rehabilitation, counseling, training and other essential services /homeless prevention activities. Since 1987, the City has received more than $2.8 million in ESG funds. Public Hearings /Citizens Participation Process Neighborhood Services Department through Community Development held three Technical Assistance Workshops which included a Public Hearing on February 11, 2010, at the Antonio E. Garcia Education Center facility location at 2021 Agnes. The City Council public hearing on the FY2010 CAAP has been scheduled during the regular City Council agenda on April 13, 2010. After completion of the Public Hearing, the City Council will have the opportunity to discuss with possible recommendations on a list of projects /activities to be funded through the FY2010 CAAP. Final adoption of the FY2010 CAAP will be brought before the City Council on April 20, 2010 for approval. Publication of the FY2010 CAAP will be published on May 2, 2010, allowing citizens' time to review and comment for 30 days prior to submission of the FY2010 CAAP to HUD on June 14, 2010. ATTACHMENT (CDBG) PROGRAM "D" $3,663,796 $655,005 $134,992 $600,000 CITY OF CORPUS CHRISTI FY2010 CONSOLIDATED ANNUAL ACTION PLAN RECOMMENDED COMMUNITY DEVELOPMENT BLOCK GRANT '0 CDBG Allocation i Jgrammed Funds Program Income from Demolition Liens /Clearance of Vacant Properties Revolving Loan Fund from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2010 CDBG PROGRAM $5 053 793 53l�n _ �' i Yxa �A� Page t egtre .'R*"..`'�" R oraea At PROJECT $c DESC�tIf ilf�N ,' 1 Accessible Routes in CDBG Residential Areas Phase 1 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but heavy pedestrian traffic. This project will provide approximately 5320 linear feet of 4 to 5 foot wide sidewalks and approximately 20 curb ramps along the following streets: Villa /Leopard to Up River Road 843 LF, Leopard Street/Lancaster to Mueller 695 LF, Elmore /Brooks/Wilson Lane/ Mac Leod Dr. 1932 LF, Live Oak from Cenzio to Mueller 250 LF, and Graham Rd/Waldron Rd. to Wranosky Park 1600 LF. 1 $100,000 $100,000 2 ADA Improvements in CDBG Areas Project scope is to design and build curb ramps at all intersecting streets on Gollihar Rd from Kostoryz Road to Weber Road and on Tiger Lane /Corona Street/Williams Drive from Weber Road to Staples Street. This project will include addressing accessibility to these pedestrian routes from intersecting streets and any non - compliant curb ramps that may exist. This project will construct approximately 90 curb ramps along these two routes. Current Funding $188,938 9 $150,000 Ben Garza Park Play equipment with resilient surfacing and retention curb. ADA Accessible trail ways in the park to provide connectivity to the play area, basketball courts baseball fields, 3en Garza Building, Wilmot Park and the parking lots of both parks. Trails would include park benches and tables. Currently there is only acess through the park by crossing over the grass and dirt. This would provide an accessible play area and access to the whole park . 11 $187,500 4 Buddy Lawrence House ADA Access, Sidewalks and Landscape Project is to provide sidewalks to the existing wheelchair ramp at the building and to provide public sidewalks and corner curb ramps at the intersection, along with sidewalks to all exterior doors of the building. Would also require ADA ramp curb cuts on the Heritage Park side of Mesquite Street so that visitors to the park could have access to park buildings on both sides of the street. Landscaping would be needed to finish off the appearance of the building. 12 $68,750 Buddy Lawrence House Parking Project is to provide parking lot for ADA parking nearest the wheelchair ramp for the Buddy Lawrence House. This is part of the original design laid out for the house and would provide better access for the users of the house. 13 $43,700 6 CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Programs. Continuum of Care (COFC) and the Homeless Prevention and Rapid Rehousing Program (HPRP). Staff interprets CDBG, HOME, ESG, COFC and HPRP federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors Subrecipients, provides technical assistance., conducts environmental assessments of funding projects /activities and enforces Davis Bacon Federal wage rate requirements. Current Funding $447,593 14 $441,065 $441,065 PROJECT & DESCRIP ON S. C Page Request � � N "Y. + Cro�it 7 Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste and the mowing of high weeds and dangerous weeds. The abatement of unsightly and unsanitary matter in all CDBG eligible areas to include Neighborhood Initiative Program Areas and Model Block. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Current Funding $200,000 16 $200,000 $200,000 8 Code Enforcement Program The Code Enforcement, Neihgborhood Initiative (NIP) & Model Block Programs (MBP) request is for salaries to support the following current staff: 4 -Code Enforcement Property Advisors, 2- project coordinators (50 %), Management Asst (50 %), Model Block Program Administrator (75 %) and Zoning & Code Endforcement Administrator (25 %) in the amount $343,515. The Property Advisors /Project Coordinators are responsible for inspecting properties within CDBG Target Areas for violations of City Code and Health Ordinances. The Neighborhood Initiative Program has 22 neighborhoods within CDBG Target Areas that are in need of compliance assistance (including the Model Block Program site). The sustainability efforts for these nieghborhoods need continued monitoring and citizen compliance; inspection are conducted on particular code violations. The Property Advisors /Project Coordinators implement a comprehensive approach to coordinate City services and programs to address specific needs of each neighborhood (Neighborhood Pride Program). The Program Administrator oveersees all functions of the revitalization efforts for the Model Block Program and the implementation and sustainability efforts for the Neighborhood Initiative Program; the Zoning & Code Enforcement Administrator oversees all functions of the Code Enforcement Division and this includes the purchase of a truck. These programs support the City Council's objective of enhancing the City of Corpus Christi "Pride" efforts through revitalization and sustainability efforts for NIP Sites. . Training opportunites through classes, seminars and/or conferences will also be essential for staff for further educational opportunites and to certifications to accomplish the goals of both the NIP and MBP (6.5 Staff Members @$1,000.00= 6,500.00). Current Funding $350,000 21 $375,000 $375,000 9 Cole's Gym Connectivity This project is to provide connnectivity for the Internet, Cable TV and FAX Machine to aid the center in their after school and summer programs for the children of the area. 30 $28,465 10 Cole's Gym Electrical Renovation to the electrical wiring in the gym and class room areas used by Parks and Recreation for programs. Old wiring should be replaced to improve the function of the building and correct any safety issues that might be present. Several outlets in the class rooms and some in gym do not work, limiting usage. 31 $75,000 $75,000 11 Cole's Gym Exterior Doors Project would provider one automatic door system to improve ADA Access to the gym. Remaining doors would be replaced to provide improved security and insulation value to the building. 32 $18,750 $18,750 12 Comprehensive Planning Assistance The Continuous support for Comprehensive Planning activities including: 2010 Census Support, The Unified Development Code approval and implementation process, data collection, population projections, land use surveys, maintenance of development regulations, staff training /travel, and other activities designed to update Comprehensive Plan elements or implement adopted plans. Other projects include partnership with Economic Development, historical preservation, and contributions to the Corpus Christi PRIDE campaign. 33 $50,000 $50,000 �RQJGF D SGRI�TION Requesf my 13 Demolition Program This program consists of demolition of substandard structures determined to be health end safety issues 51% or more deterioration of the general structure. The demolition of these structures is an abatement measure as deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each Structure will be assessed and surveyed as building case, providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The Substandard structures were demolished under the following: Building Standards Board, Emergency Demolitions and Demolition Grant program. The City may charge an abatement cost and place alien against the properties to cover the cost in curred. Current Funding $200,000 34 $200,000 $200,000 14 Emergency Home Repair Grant Program Emergency repair grants up to $6,500, are provided to homeowners who are 65 years old or older or disabled and very low income. Work is limited to roof repairs, plumbing, electrical, heating and minor structural. Requesting 520,000 to assist approximately 80 homeowners. Current Funding $400,000 37 $520,000 $241,000 15 Ethel Eyerly Senior Center Remodeling of the restrooms in the center to increase the number of stalls in each restroom by adding a building addition. These stalls would allow the restroom to be upgraded to full ADA accessibility standards and would help handle the to heavy customer usage. The addition would, also, allow for additional office space and storage room for the center. The increased size of the building would require an upgrade to the HVAC System in the building. The HVAC is at the end of its service life and needs replacement. The exterior entrance way to the building has a tile fascia and the weather has taken a toll. Repair and /or redesign is needed. This area maybe affected by the addition to the building 38 $252,000 16 3reenwood Library CDBG will augment a 2008 voter - approved $1.5 million bond fund which is insufficient for entire Capital Improvement Project. This project will include demolition and replacement of existing steel and glass window walls and store front window units. The existing steel and glass wall will be replaced with a stucco structure. The entire facility will be reroofed and a new dehumification system will be added. This remodeled facility will serve the residents in the area and children in surrounding schools. The project will also include resurfacing and repairing of existing driveways and parking areas." Greenwood Library is located in Census Tract 16.02 Block Group 3. Our branch's geographic service area encompasses the Census Tract listed in #7 of the Request for Proposal. 39 $50,000 $50,000 17 Fair Housing Education, Remediation and Dispute Services This program is intended to meet a community need by principally benefitting low income persons in preserving or exercising civil protections in the process to obtain housing or to remediate and reside in a equal and fair housing enviroment free of slums, blight and driscrimination. This program would also (1) address the HUD national objective as a fair housing activity to serve low /moderate income persons; and (2) address the local "Analysis of Impediments to Fair Housing" findings of a lack of public awareness and public resources, as "knowledge of available resources and assistance is a critical component." The estimated number of low /moderate persons to be seerved is 219,415 during Year 1, in such areas of concern as; Landlord - Tenant issues, Housing Discrimination, Dispute Resolution (mediate /conciliation), and Education /Outreach and Intake Services. 52 $134,031 $100,000 18 Joe Garza Recreation Center Connectivity Provide connectivity for the internet, Cable TV and FAX Machine to aid the center in their after school and summer programs for the children of the area 55 $28,465 Joe Garza Recreation Center Renovations 'roject will include the replacement of windows and doors. This will be to improve Juilding security and increase the insulation for the building. Interior renovation to ceiling and walls that have water damage, this will involve installation of insulation to ceiling and painting the ceilings and walls. Ventilation ducts work needs to installed in the Children's area to improve the comfort level because of poor air circulation. These things are needed to extend the useful life of the facility. Joe Garza Recreation Center Roof Replacement of the roofing system on the building. There are water leaks in areas such as the Arts and Crafts room and the large storage closet. This needs to be done to protect the structure of the building and to be able to continue to use the building before conditions inside the building make use of the structure dangerous. There are already ceiling and walls, along with insulation and walls that need to be addressed becuase of the roof leaks. 56 $75,000 57 $118,750 $118,750 Life Skills Program - JAC Workbooks to teach cognitive skills and communication skills between parents and juveniles. This will be used to train parents of at -risk children and the at -risk child themselves to better deal with life. 58 $9,000 $9,000 Lindale Senior Center Re -roof the building and replace damaged fascia and soffits as part of the project to extend the building life. Renovate and redesign the central patio area of the center. This is an open air landscaped area. Tiling of the floors in the center is needed due to the age of the building and to keep up its appearance and extend the life of the center. Parking lot renovation, expansion and redesign are needed to handle the volume of cars and to increase the number of spaces available to the customers along with better traffic flow. 59 $263,250 Model Block Program - Phase II Brownlee Hardscape Improvement Project This project begins at the corner of S. Bownlee Blvd and Morris St. to the corner of S. Brownlee Blvd and Hancock St. This is a two block paved path on the East side of Brownlee Blvd. Phase II would encompass the completion of the S. Brownlee Blvd Hardscape from Hancock St to Morgan Ave which is a total of three blocks. This project is part of the revitalization efforts for the Model Block Program neighborhood. This has been identified as a safety issue due to the fact that residents walk on this side of the street and are sometimes forced to walk on the street due to unkempt property. In addition, the Hardscape's design is giving the neighborhood a wonderful piece of artwork and a positive identity. Current Phase I funding is $100,000 60 $250,000 $100,000 Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current, salaries include just one person that manages the servicing of all loans provided through the City's Single Family Rehabilitation Loan Program. Requesting an additional staff person be hired to assist. Services include collection of loan payments; paying property taxes and annual insurance premiums; managing the individual homeowner's escrow accounts; providing homeowners with Tax form 1098; preparing end of year escrow analysis; processing of payment booklets; preparing monthly end of month reports; conduct daily posting of payments; and handle release of liens on loans that are paid off. Counseling is provided regarding payment alternatives and establising payment plans. Mortgage Services is currently servicing 850 different types of loans. Increases in Self Insurance and Group Insurance have been worked into this budget request. Current Funding $58,700 63 $81,000 $81,000 zPL�1'3JEc e S0I�'"�IQN 25 Neighborhood Initiative & Model Block(s) Program Improvement Projects his request would support the Model Block Program Nieghborhood (MBP) Site #1: . support the commencement of Model Block Site #2 and would be essential in the continued support of "Special Projects" in the twenty-two Neighborhood Initiative Program (NIP) sites that are in the CDBG Target Areas. Special Projects such as, but not limited to, neighborhood clean up campaigns, materials for "do -it- yourself" repairs, and other improvement projects will be conducted to provide continuous efforts to prevent neighborhood deterioration and sustainability efforts. Demolitions of substandard sturctures and clearance of properties and construction of public improvements are also a priority in order to eliminate slums and blight in the NIP Sites. Neighborhood planning will also work in conjunction with short-term and long -term projects to help eliminate or reduce further housing and neighborhood deterioration. Short term projects will include minor or major repairs for homeowners; long -term planning will be a direct benefit for aiding residents with implementing projects and programs of sustaniability efforts in NIP sites and Model Block Program Sites and will assist in eliminating blight, beautifying neighborhoods and creating a positive identity for the neighborhoods. Current Funding $100,000 65 $200,000 $100,000 26 Rehabilitation Services This is the operating budget for staff that service the various housing programs included are staff salaries. Staff provides services for the Single Family Rehabilitation Loan Program; Emergency Home Repair Grant Program; $5,000 Homebuyer Programs; Support services for the Type A Board, services for the CCCDC. These programs are designed to assist low and very low income households. Services include Loan Counseling, Loan Processing; Homebuyer Classes; developing specifications and plans; monitoring of construction projects through inspections: estimating project costs; processing of homebuyer applicants; and conducting inspections. Current Funding $622,000 77 $672,000 $672,000 27 Residential Traffic Management Program in April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to to allocate CDBG funds to bear the residents' share of installation of costs in qualified CDBG eligible tracts. Current Funding $17,000 80 $25,000 $17,000 28 RTA Bus Stop Landing Pads and Accessible Routes -CDBG Areas Categories 2 & 3 This project will construct 11 ADA compliant bus stop landing pads in CDBG Areas. These existing bus stops have been priortized by the RTA by evaluating ridership and trip generators. These bus stops are in areas of low income and have very high ridership and they provide connectivity to all areas of the city. This project will be a continuation of the project that was awarded in FY09 and will be matched by RTA funds and City Bond 2008 ADA Improvemnent finds. This project will provide the bus stop landing pad and the accessible path to the nearest intersection including the curb ramps at the intersection. Current Funding $100,000 81 $100,000 29 Single Family Rehabilitation The Single Family Rehabilitation Loan Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. It is estimated that 10 units will be rehabilitated or reconstructed. These funds will also be used to demolish and relocate homeowners being assisted with the rconstruction of their homes. The funds provided for demolition and relocation will be provided as a grant to the homeowner. Requesting $900,000 (Loans - 522,000, Demolition - 171,000, Relocation - 207,000). Current Funding $610,000 86 $800,000 $600,000 .,., South Bluff ADA Access Trail Sidewalks for the 2 parking lots to the Restrooms, the playground area and to Tancahua St. Project would include park benches and table along the route of the sidewalk. Presently people must travel over dirt and grass areas to gain access to the amenities in the park 87 $60,000 $60,000 'E CRIPTI : E , j -- `' `6,� ,fie �." T A.� } 1 8 (Q11 t�' Crit COuncifi �. 0R'�; South Bluff Pavillion Pavillion 40 x 60 foot to provide shade and tables for visitors and events in the park. JVould require sidewalks or trails to connect and provide access to parking and restrooms. 88 $75,500 $75,500 32 Southmoreland Addition Area Street Improvements 3B - 4B -Part 3 This project consists of construction of a 28 foot back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B . Part 3 is the third portion of the project to be constructed . Part 1 has been constructed and Part 2 is being constructed currently. This project plans which are complete and ready for construction. 89 $359,000 $359,000 33 Southmoreland Addition Area Street Improvements 3B-4B - Part 4 This project consists of construction of a 28 foot back to back street pavement , curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B . Part 4 is the fourth portion of the project to be constructed. Part 1 has been constructed and Part 2 is being constructed currently. This project plans which are complete and ready for construction. -- 95 $327,000 34 Southmore Addition Area Street Improvements 3B-4B - Part 5 This project consist of construction of a 28 foot back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, inderground drainage and utilities for Phase 3B & 4B. Part 5 is the final portion of the project to be constructed. Part 1 has been constructed and Part 2 is being currently constructed. This project plans which are complete and ready for construction. 100 $306,000 35 Steamboat House Phase 1 The Steamboat House a historical house from the community, has been moved to Heritage Park. To preserve the house and stop further damage due to weather the house needs to have the exterior restored and weathered in. This will help protect the house and the interior so that in a second phase the interior of the house can be restored and the house preserved for the community. 105 $125,000 Total City Projects $6,933,226 $4,043,065 36 AVANCE Construction of new (4000 sqft) facility, The Berta Gonzalez Education Center, to conduct program services for low income, at risk families 106 $200,000 $175,828 37 Coastal Bend Alcohol & Drug Rehabilitation Center d /b /a/ Charlie's Place In order the provide state mandated structured activities to clients in substance abuse treatment, Charlies Place request the funds to rehabilitate the exterior space of our facility. The rehabilitated space will provide a safe, accessible area for therapeutic activities, outdoor groups, visitation, and exercise. Capital Contribution $1,000 142 $99,000 $99,000 38 Coastal Bend Center for Independent Living Construction of home modifications /wheelchair ramps will provide people with disabilities access to their homes and community 173 $107,000 $107,000 39 Corpus Christi Hope House The project is for replacing four air conditioning units, renovate three bathrooms, and replace flooring throughout two shelter facilities The will benefit up to 31 homeless women and children daily. Capital Contribution $12,400 202 $49,600 $49,600 40 Corpus Christi Metro Ministries The project includes the acquistion of property adjacent to current facilities. The metal building is uninhabitable and will be demolished to provide parking spaces for the low income, elderly and disabled clients that come to access shelters, free cafeteria, free clinic and other social services. Capital Contribution $5,000 237 $174,300 $174,300 41 )el Mar College /Business Resource Center Small business counseling & training assistance; assistance with job creation /retention opportunities for Low /Moderate Income (LMI) & Section 3 persons /business. Outreachlmarketing efforts to better reach LMI's. Capital Contribution $1,251.933 271 $175,000 $175,000 42 Nueces County Community Action/Weatherization!Minor Home Repair 27 Very low income homes will be targeted for minor home repairs and weatherization making home more energy efficient. Capital Contribution $2,080,826 297 $80,000 $80,000 43 44 Sea City Work Camp Adult and youth groups rehabilitate homes for approximately 20 low income, disabled and /or elderly homeowners in Corpus Christi. Wesley Community Center Roof for public facility that provides services for extremely low to low income. 324 $50,000 $50,000 352 $100,000 $100,000 Total Non - Profit $1,034,900 $1,010,728 $0 Total City Projects $6,933,226 $4,043,065 $0 Overall Total $7,768,126 $5,053,793 $0 1 HEB Tennis Center - proposed project consists of renovations of the tennis court to include court lighting with new footings, poles, lights and wiring Reason: Does not meet a CDBG national objective $3 :,.00 2 Park Operations Roof - proposed project consists of installing new metal roofing for park offices and services area building teason: CDBG funds cannot be used for the general conduct of city business $5 , 00 Weed and Seed Program The Weed and Seed Program is a comprehensive Crime Prevention for Zip Code 78418. This funding is needed for the budget year starting August 1, 2010. Reason: Does not meeta CDBG national objective $6 , 00 ATTACHMENT "D" RECOMMENDED EMERGENCY SHELTER GRANT (ESG) PROGRAM FY2010 ESG Allocation $148,916 DESCRIPTIQN " Pad ftes tr � ' Recortt Cop crt � 1 Catholic Charities of Corpus Christi Provision of Homeless Prevention including short -term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Current Funding $12,000 376 $20,000 $12,000 2 City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (HMIS). HMIS is a Mandated database for those agencies receiving ESG Emergency Shelter Grant Program, Homeless Prevention & Rapid Rehousing Program and Continuum of Care Grant Program Funds. Current Funding $7,467 393 $7,500 — $7,445 3 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Current Funding $12,000 394 $36,000 $12,000 4 Corpus Christi Hope House Provisions of Essential Services salaries for assistance and counseling. Operation and Maintenance, utilities, repairs, insurance, phone, and food. Current Funding $12,000 414 $25,000 $12,000 5 Corpus Christi Metro Ministries Provision of Essential Services including services concerned with employment, physical health and education for the homeless. Provision of Homeless Prevention incuding short term subsidies, security deposits or 1st month's rent, mediation programs, legal services and payments to prevent foreclosure on a home. Payment of maintenance and operations including rent, insurance, utitlies and furnishings. Current Funding $30,000 451 $89,500 $30,000 6 Mary McLeod Bethune Day Nursery, Inc. Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $12,000 482 $21,000 $12,000 7 Recovery Contacts, Inc. Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. 500 $58,000 $4,584 South Texas Substance Abuse Recovery Services, Inc.(STSARS) Provision of Essential services including services concerned with employment, physical health and education for the homeless. Payment of maintenance operations including rent, insurance, utilities and furnishings. Current Funding $5,000 513 $55,860 $5,000 The ARK Assessment Center and Emergency Shelter for Youth Payment of maintenance, operations including rent, insurance, utilities and furnishings. Current Funding $12,000 535 $24,999 $12,000 The Salvation Army Provision of Essential Services concerned with employment, physical health and education for the homeless. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $20,000 558 $50,000 $20,000 Timon's Ministries Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $9,887 584 $18,375 $9,887 Wesley Community Center Provision of essential Services, Child care for low income and homeless families. Payment of maintenance and operations including rent, insurance, utilities and furnishings. Current Funding $12,000 Total 600 $20,000 $12,000 $426,234 $148,916 $0 ATTACHMENT RECOMMENDED HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FY2010 HOME Allocation '' rogram Income (Includes Projection Through the Fiscal Year) nerican Dream Downpayment Initiative (ADDI) 'TOTAL FUNDS AVAILABLE FOR FY2010 HOME PROGRAM "D" $1,775,515 $130,000 $0 $1,905,515 V DESCRIPTION' ` �' S wfF' aV M1 Pa Re Co cij 1 Homebuyer Assistance Program ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. Current Funding $383,071 616 $100,000 $100,000 2 Home Administration /Technical Assistance ** Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping /reporting and overall program managemerlf. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners /investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. 617 $177,551 $177,551 3 Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. Current Funding $550,000 618 $900,000 $550,000 4 Costa Tarragona II Will be a 96 unit multi - family development located + / -6.9 acres in Corpus Christi, Tx. The development will be 100% affordable serving at 30 %, 50% and 60% of AMI 619 $1,000,000 $777,964 5 Nueces County Community Action Agency (NCCAA)- Rental Property Acquisition - CHDO*** To address a shortage of affordable housing units in Corpus Christi, NCCAA is requesting funding for the acuisition and renovation of an existing rental unit property for households at 80% or below the area median income. NCCAA will acquire rental units and maintain ownership thus securing affordable housing stock for the community's future. NCCAA is cautious to commit to a site but can have site control of a property within 30 days of award and agreement with City. Current Funding $130,000 644 $300,000 $300,000 CHDO Total $300,000 $300,000 Subrecipients /Other Entity Total $1,000,000 $777,964 CCCIC Total $1,177,551 $827,551 Total $2,477,551 $1,905,515 $0 * Subrecipient's /Other Entities /CHDOs are contracted thru the CCCIC or the CCHFC *' HOME administration (10 %) proportionately increases in alignment with the entitlement allocation * ** COMMUNITY HOUSING DEVELOPMENT ORGANIZATION ( CHDOS) - The City of Corpus Christi must set aside, by HOME program federal regulations, a minimum of 15% ($270,000) of the entitlement for use by CHDOs within a 24 -month period which is an estimated total. 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 13, 2010 AGENDA ITEM: A. Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2010 Buccaneer Days Festival and related activities to allow use of City property bounded by Resaca Street to Palo Alto Street and Shoreline Blvd. and N. Chaparral Street, up to and including Barge Dock area; during April 22 through May 2, 2010, provide for Commission paying 50% police overtime and 100% all other City costs and fees; and declaring an emergency. B. Motion approving a $2.00 admission fee and /or $3.00 for adults (depending on date) and $2.00 per day for seniors, children under the age of 17 and persons with disabilities for Buccaneer Days Festival from April 22, 2010 through May 2, 2010. ISSUE: Council is requested to approve the date, location, admission fees and consideration for the 2010 Buccaneer Days Festival and related activities. REQUIRED COUNCIL ACTION: City Council's action is required for lease agreements and fees charged in conjunction with public events. PREVIOUS COUNCIL ACTION: City Council approved the 2007, 2008 and 2009 Buccaneer Days Festival lease agreement for the annual festival and related activities. CONCLUSION AND RECOMMENDATION: Staff recommends approval of this ordinance. Stacie A. Talbert, Interim Director Parks and Recreation Department StacieT @cctexas.com 361- 826 -3464 Attachments: Lease agreement ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A LEASE AGREEMENT WITH THE BUCCANEER COMMISSION, INC. ( "COMMISSION ") FOR 2010 BUCCANEER DAYS FESTIVAL AND RELATED ACTIVITIES TO ALLOW USE OF CITY PROPERTY BOUNDED BY RESACA STREET TO PALO ALTO STREET AND SHORELINE BLVD AND N. CHAPARRAL STREET, UP TO AND INCLUDING BARGE DOCK AREA; DURING APRIL 22 THROUGH MAY 2, 2010, PROVIDE FOR COMMISSION PAYING 50% POLICE OVERTIME, AND 100% OF ALL OTHER CITY COSTS AND FEES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a lease agreement with the Buccaneer Commission to conduct the 2010 Buccaneer Days Festival and related activities. The Agreement provides for use of Shoreline Blvd. from Power Street north up to and including the Barge Dock area, during period of April 22 through May 2, 2010, and other areas, all as described in the Lease agreement. The Agreement also provides for Commission paying 50% of police overtime costs and 100% all other city costs and fees. A copy of the Agreement is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the — day of , 2010. THE CITY OF CORPUS CHRISTI ATTEST: Armando Chapa City Secretary Approved: March 30, 2010 By: __ . V -_`- Lisa Aguilar, sistant City Attorney for City Attor y Joe Adame Mayor Corpus Christi, Texas Day of , 2010 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 BUC DAYS SHORT TERM 2010 LEASE AGREEMENT State of Texas § Page 1 of 22 Know All By These Presents: County of Nueces § This short term Lease Agreement ( "Lease Agreement ") between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its duly designated City Manager, and the Buccaneer Commission, Inc. ( "Commission "), a Texas non - profit corporation, acting through it s duly designated agent, is in consideration of the covenants contained herein. 1. Definitions. a. City - means the City of Corpus Christi, a Texas home -rule municipality. b. City Attorney - means the City's Attorney or designee. c. City Traffic Engineer - means the City's Director of Engineering Services or designee. d. City Manager - means the City's City Manager or designee. e. Commission — means the Buccaneer Commission, Inc., a Texas non - profit corporation. f. Commission's Agent - means a duly authorized representative of the Buccaneer Commission. g. Event - means the annual Buccaneer Days Festival ( "Buc Days ") and related activities sponsored by the Commission including carnival a barbeque cook -off along Shoreline Blvd; and parade Events. The Event dates are described in Section 2, Section 3 and Exhibit B. h. Parks Director - means the City's Director of Parks and Recreation or designee. i. Police Chief - means the City's Police Chief or designee. j. Premises - means the Event sites for the Buccaneer Days Festival and related activities more fully described in Section 3 and on the attached and incorporated Exhibit A. k. Projects — Seawall repairs and renovations. The Projects will affect parking, streets, and Premises identified in this Lease. I. Risk Manager - means the City's Director of Risk Management or designee. m. City Secretary — means the City Secretary or designee H:\LEG- DIR\Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 2 of 22 2. Term. This Lease Agreement takes effect upon execution by the City Manager. The Commission will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. Premises. City grants to the Commission the privilege of using City property to conduct its annual Buccaneer Days Festival for the dates set forth in Exhibit B: A. For the Rodeo, Commission, shall obtain a separate agreement with SMG, the City's General Manager of the American Bank Area (Arena). B. For the BBQ Challenge: Premises are described in Exhibit A. Area is along S. Shoreline and N. Shoreline, from Resaca Street north up to and including the Barge Dock area located near Art Museum of South Texas. C. For the Buc Days Carnival, Premises are described in Exhibit A as the Buc Days Event Site, which is located on portions of area bounded by S. Chaparral and Shoreline Blvd, between Resaca and Power Streets. D. If any of the desired Premises include use of the American Bank Arena area ( "Arena Area "), Commission shall obtain separate agreement with SMG, the City's General Manager of the Arena Area. E. For the Buc Days Lighted Parade on Saturday May 1, 2010: Parade begins at Buc Stadium, goes down Leopard, to Schatzel; turns right off Lawrence, goes south on southbound Shoreline Blvd. past Memorial Coliseum. Breakup area is on southbound Shoreline Blvd. at Memorial Coliseum area. Street closure and parade permits must be obtained as required in Sections 11 and 21 below. F. For the Junior Parade on Saturday April 24, 2010: Parade begins in front of Brewster Street parking lot, turns right onto N. Tancahua, proceeds down to Belden Street, turns left on Belden Street, and then left on Mesquite. Street closure and parade permits must be obtained as required in Sections 11 and 21 below G. For the Buc Days Lighted Parade, Commission has exclusive use of the parking lot located south of Memorial Coliseum, on Saturday May 1, 2010, for the times of 8:00 A.M. to Midnight, to serve as secured parade breakup area. H. Landscaped areas within the Premises must be protected during the Event. 1. For all activities on the barge dock and adjacent waters, Commission shall obtain separate agreements with all necessary parties. 4. Premises Revisions. Requests by the Commission for use of additional City -owned areas require prior written approval from the Parks Director. No concession stand, ride, vehicular parking, tent, or other apparatus connected with Commission may use any grassed or landscaped areas, including the newly landscaped median in front of the Arena except as authorized by the Director of Parks and Recreation. The Commission shall H: \LEG- DIR \Lisa12010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 3 of 22 ensure that no tent stakes or any type of similar device are used at the Premises, except as authorized by the Director of Parks and Recreation or the Director of Engineering Services. In addition, no structures, scaffolding, bleachers or vehicles are permitted on the Seawall without prior written permission from the Parks Director. Construction along Shoreline may significantly impact and change the Premises (Exhibit A) and other parts of this lease (see Section 8). If Exhibit A is revised, new Exhibits A will be executed by the City Manager and Commission Agent and filed with the City Secretary and Parks Director and supersede the existing Exhibit A. New Exhibit A becomes effective upon filing with the City Secretary. 5. Event Layout Diagram. The Commission's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. Special Event Fee. The Commission must pay City a one -time Special Event Permit fee of $150.00 under City ordinance. 7. Payment of City Costs. In consideration for the use of City property the Commission will pay the City within 30 days after receipt of City invoice the actual cost incurred for services rendered, including any other City services provided by departments other than Parks & Recreation and Police, less any amount(s) that the Commission has disputed. An invoiced amount will be considered to be in dispute upon receipt, by the Parks Director, of a written notice from the Commission. The written notice must detail the basis for the disputed claim and must be received by Parks Director within twenty (20) calendar days of Commission's receipt of City invoice. Resolution and payment of any disputed amount(s) will be governed by Section 27. The Parks Director will invoice the Commission for the costs within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered (such as set up and take down, Event clean -up, street sweeping, and repair categories. Upon receipt of written request of the Commission's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the prior year's attendance levels, the City Manager is delegated the authority to adjust the billing of City's Direct Costs. A. Direct Costs. City's Direct Costs in assisting with the Event may include, but are not limited to: 1. Damages to City property as a result of the Event, which will be billed at the cost of repair. This includes but is not limited to, damages caused by negligent acts or omissions of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. This includes but is not limited to, damages to the utility infrastructure such as water lines caused by acts of the Commission, its employees, volunteers, vendors, contractors, or subcontractors. If the sod at the Premises is H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 4 of 22 damaged, Commission agrees to either replace the sod with similar product, or to reimburse the City's costs for sod replacement. Commission may repair damages within 3 days. 2. Costs of labor contracted for dean up, or additional clean up required by the Directors of relevant City departments, at applicable City rates for the year billed, see Section 22 below. (The Commission will be given the opportunity to hire and work its own clean up crew during and after the Event.) 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable City rates for the Police Officers assigned. For the 2010 Event, Commission shall be responsible for 100% of all non - police City Direct Costs, 100% of all City health permit/vendor and related fees, and 50% of police overtime. 4. Costs of any other services requested by Commission's Agent and provided by City are Commission's responsibility. City will provide an itemized bill of Direct Costs, if any, within 30 days after the Event closes. Commission will pay City's Direct Costs, if any, as billed within 30 days after City tenders the invoice to Commission, less any amount(s) the Commission has disputed in accordance with the procedure above. B. Notice of Costs. For planning purposes only, attached as Exhibit D are estimates of the rates and costs for City Services that may be provided for the Event. At least 60 days before the Event the Parks Director, Police Chief, and City Traffic Engineer will meet with Commission representatives and execute an Exhibit describing City Services to be provided for the Event and the cost to be paid to City. Commission shall be liable for all actual cost incurred by City related to the Event even if the actual cost exceeds the cost shown in Exhibit D. C. Late Fee. Commission's failure to pay the undisputed charges on City's invoice within 30 days after submittal to Commission shall result in a late payment fee being assessed against Commission. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, Tess any disputed amounts, and said fee will be added to the net amount payable to the City. 8. Annual Planning Meetings. Two months prior to this year's Event the Parks Director, Street Director, Police Chief, and City Traffic Engineer will meet with Commission representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, Seawall repairs will require that the Premises be reviewed with regard to the areas of set -up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether the Premises are impacted by the Projects and whether Exhibit A needs to be revised by the Parks Director and Commission. If revised, new Exhibit A will need to be filed with the City Secretary's office. Commission's Agent may request additional meetings. H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 5 of 22 9. Deposit. The Commission must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pick up or removal of any structures or repairs to City property. If no costs are incurred and Direct Costs are paid, the deposit will be returned to the Commission within 30 days after the Event. 10. Notice. Notice may be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand delivered or on the third day after deposit if sent certified mail. Notice must be sent as follows: If to City: Director of Parks and Recreation City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3461 FAX (361) 880 -3864 If to Commission: Event Manager The Buccaneer Commission, Inc. P.O. Box 30404 Corpus Christi, TX 78401 -0404 (361) 884 -8331 or 882 -3242 FAX (361) 882 -5735 11. Temporary Street Closures (Exhibit C to be attached upon completion of street closure process). The street closure process will govern any necessary street closures. Commission must provide the City Traffic Engineer and the Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure in accordance with City ordinance. All street closures on a temporary basis are subject to the requirements of City Ordinances, Sections 49 -15 to 49 -18, as may be amended, and require the City Council to confirm the closures. The decision to confirm the closure of the streets is within the sole discretion of the City Council acting upon the application at the time the application is submitted. 12. Parking. The Commission will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities defined on the Premises maps. 13. Barricades, Traffic Signs. The Commission must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access 14. Signage and Advertising. Commission's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre- approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. 15. Rest Rooms, Drinking Water and First Aid. The Commission must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A first aid station must also be provided at each site throughout the duration of the Event and its related activities. H:1LEG- DIR \Lisa12010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 6 of 22 16. Insurance. Commission's Agent must furnish to the Risk Manager Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must have a minimum policy limit of $1,000,000 Combined Single Limit per occurrence for personal injury, death and property damage. Commission is required to provide a $1,000,000 Combined Single Limit Automobile Liability policy, providing coverage for owned, non -owned and hired vehicles. Subcontractors and vendors who will be loading or unloading equipment, temporary structures, carnival rides, stages, bleachers, and any other associated materials to be utilized for the Event must have comparable insurance policies, which must be filed at least 2 weeks prior to each Event. Commission must also furnish insurance in the form of an accident policy for volunteers with minimum limits of $10,000 for death or dismemberment and minimum limits of $5,000 for medical expenses. If alcohol is served at any of the Commission's Events on Premises then liquor liability insurance in the amount of $1,000,000 Combined Single Limit must be provided by the entity serving the alcohol. The City must be named as an Additional Insured on all liability policies. Commission must furnish the Certificates of Insurance in at least the above minimum amounts to the City's Risk Manager two weeks prior to the non - exclusive use period each year. Commission must require all volunteers to sign an accident waiver form that Commission must keep on file. The City Attorney will approve the form. In the Event of accidents of any kind, Commission must furnish the Risk Manager with copies of all reports of the accidents at the same time that the reports are forwarded to any other interested parties. In addition, Commission must provide copies of all insurance policies to the City Attorney upon City Manager's written request. Said insurance must not be canceled, non - renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to Commission. 17. Indemnity. Commission shall indemnify and hold City, its officers, agents and employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of Commission or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ( "Indemnitors ") entering upon the Premises pursuant to this Commission Lease Agreement, to use the Premises and those portions of Shoreline and streets that are closed to set -up and take -down, hold, attend, or participate in the Buccaneer Days Festival and associated activities, on the Premises, with the expressed or implied invitation or H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 7 of 22 permission of Commission, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees or lndemnitors of any law, ordinance, or governmental order of any kind, or when any injury or damage may in any other way arise from or out of the improvements located on the Premises or out of the use or occupancy of the improvement to the Premises or the Premises itself by lndemnitees or lndemnitors, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the lndemnitors in administering parade vendor permits. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of lndemnitees, and in all cases where lndemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of lndemnitees. Commission covenants and agrees that if City is made a party to any litigation against Commission or in any litigation commenced by any party, other than Commission relating to this Commission Lease Agreement, Commission shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. Safety Hazards. The Commission, upon written notice of identified safety hazards by the Police Chief, Fire Chief, Parks Director or Risk Manager, must correct the safety hazard, within six hours or other time frame included in the written notice of safety hazards. 19. Damages to City Property. Parks Director will provide the Commission's Agent a punchlist of damage to City property defined in the Premises within 2 days after the close of the Event. Commission will restore all items on the punchlist within 3 days after receipt of the punchlist. If the Commission fails to restore all items on the punchlist, Parks Director may do so and invoice the Commission for Direct Costs, as set out in Section 7 above. Commission or its agent must fill and compact all holes in grassy areas made by Commission or any entity or person participating in the Event. Parks Director must approve fill material. Any subsidence within the Premises must be additionally filled by Commission or its agent until no subsidence occurs. 20. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in the pavement, curbs, sidewalks, or seawall, requires the prior written approval H: \LEG- DIR\Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 8 of 22 by City Director of Engineering Services, provided however, that no approval will be given if the work will require subsequent repairs by the City. 21. Permits. A. Commission must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage Commission for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the City- County Health Department for the sale of foods and the protection of the public welfare. Commission shall be responsible for payment of all City health permit /vendor and related fees. For example, the temporary food service establishment permit fees established in City Code of Ordinances Section 19 -33. Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in Section 16. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event annually. Other permits Commission must obtain are Parade Permits for both of the Buccaneer Days Lighted Parade and the Children's Parade, a Temporary Promotional Event Permit from Building Inspection and Fireworks Permits from the Fire Department and any permits required by the Coast Guard for water Events. Commission's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. B. Fireworks. There are no fireworks associated with the 2010 Buc Days Event. 21.1. Parade Vendors A. Commission or its designee shall have exclusive authority to administer and issue parade vendor permits to permit vending on the public sidewalks along the parade route for the following time periods: (i) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine permit fees for parade vendors that desire to sell items at the Commission's Parade Events. Parade vendor permits shall be issued for the period specified in this section only and the fee therefore shall be one hundred dollars ($100.00) for each vendor and /or vending unit, which fee shall be in lieu of the permit fee established for vendors by the Buc Days Commission. Parade vendor permit fee for Commission Parade Events is $100.00. C. Commission shall ensure that parade vendors comply with applicable sections of the following regulations: Chapter 38 of the City Code of Ordinances, copy, attached as Exhibit E, as may be amended by the City Council. H: \LEG- DIR \Lisa\2010 Park\ BucDays.2010.Short.Term.Leasev5 clean.doc Page 9 of 22 D. Commission shall further ensure that no parade vendor sells the following items identified by the Police Chief: silly string, or any similar squirting device; poppers or any similar noise device; stink bombs or smoke bombs, or any similar device; or lasers or any similar laser producing device. E. Violations of the City Code of Ordinances shall subject the parade vendor to issuance of citation by City Police Department. F. Commission shall ensure that all food and beverage vendors comply with all requirements of the Corpus Christi - Nueces County Public Health Department and all other local, State or Federal laws, rules, and regulations regarding the sale and storage of food. G. Commission shall ensure that all parade vendors comply with all applicable Federal, State, and local laws and regulations, as may be amended. H. Commission desires to place stationary vending booths along the parade route on real property owned by the City of Corpus Christi during Parade Events. The Commission may place a vending booth at a specific location that has been reviewed and approved in writing by the City Manager or designee, the Chief of Police or designee, the Fire Chief or designee, the Director of Engineering Services or designee, the Traffic Engineer or designee, the Parks Director or designee, and the Director of Solid Waste or designee. Stationary vending booths at City- approved locations may be placed no earlier than 48 hours prior to the start of a Parade Event, and must be removed no later than 24 hours after the conclusion of a Parade Event. J. Commission shall restore all property used for placement of vending booths to its original condition within 24 hours of the conclusion of a Parade Event. K. Commission shall promptly remove or relocate booths at Commission's sole expense if deemed necessary by the City Manager or designee for repair to City or other public utilities, or for protection of public health and safety. L. Commission shall obtain all necessary permits prior to the placement of vending booths at City- approved locations. M. No alcoholic beverages may be sold by a parade vendor. N. Commission shall require all food and beverage parade vendors to clean the area around each food and beverage booth. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 10 of 22 21.2 Parade Viewing Area Permits For City Property Along Parade Route For Rental to General Public A. Commission or its designee shall have exclusive authority to administer and issue parade viewing area permits to Commission or to nonprofit groups to allow Commission or groups to rent City property, designated by Parks Director, to the general public along the following portion of the parade route and for the following time periods: (i) Along the Buccaneer Days Lighted Parade route from the Schatzell ramp by Upper Broadway to Shoreline Blvd to American Bank Center, Power Street to Mesquite, Mesquite to Brewster, Brewster to Sam Rankin to Port Ave. (i) For the Buccaneer Days Lighted Parade ( "Lighted Parade "), beginning at a time to be designated by the City Manager, but not later than, 8:00 A.M. the day of the Lighted Parade, during and one (1) hour after the Lighted Parade; (ii) For the Buccaneer Days Junior Parade, ( "Junior Parade "), beginning at a time to be designated by the City Manager, but not later than 6:00 AM the day of the Junior Parade, during and one (1) hour after the Junior Parade. The Lighted Parade and Junior Parade are referred to in this section as "Parade Events." B. Commission shall have the right to determine reasonable fees for the nonprofit groups to rent space in the parade viewing area to the general public. Commission and the nonprofit groups shall split these fees. C. Commission shall require the nonprofit groups to clean the parade viewing area. The clean up will be hourly and immediately after the conclusion of a Parade Event. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. D. Commission shall restore all City property used for parade viewing to its original condition within 24 hours of the conclusion of a Parade Event. 22. Clean Up. Commission must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. Commission may designate the zone, but it will not be Tess than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the Commission and taken to a location designated by the Commission. Commission may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give Commission's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers. Commission must install screens, approved by City Director of Storm Water Operations or designee, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. Commission must remove the screens within the non - exclusive use period after the close of the Event. However, H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 11 of 22 Commission must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City Director of Storm Water Operations or her designee. 23. Construction. The construction work for displays and stages must be conducted in accordance with City building codes and restrictions. Construction that causes damages will only be allowed if Commission provides the Parks Director prior written assurances that Commission will remedy said damages in accordance with Section 19 above and Parks Director approves the construction in writing. 24. Temporary Buildings. Commission must receive prior written approval from the Parks Director to place any temporary buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non - exclusive use time period. 25. Electrical & Water Services. City does not provide electrical service on the Premises. A Temporary Promotional Event Permit from the City Building Inspection Department is required in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the Commission to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. Parks Director will provide access to water from park water facilities. 26. Permissible Vendor Location Markings. No paint or semi - permanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk or tape markings may be used to pre -mark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 27. Dispute Resolution. City and the Commission agree that any disputes which may arise between them concerning this Lease Agreement, such as determining the amount of damage to City property occurring as a result of the Event, or regarding an invoiced amount, will be submitted for determination and resolution, first to the Parks Director, with a right to appeal to the City Manager. The decision of the City Manager will be final, unless that decision is appealed to the City Council by giving written notice of appeal to the City Secretary within ten (10) days after the written decision of the City Manager has been sent to the Commission. In the Event of appeal, the decision of the City Council will be final. Upon a resolution of the dispute, either by agreement of the parties or as the result of an appeal, the disputed amount will be considered due and payable to the City within ten (10) calendar days of the resolution. This Lease Agreement in no way waives the Commission's rights to seek other legal remedies during the appeals process. 28. Emergency Vehicle Lanes. Commission must at all times maintain emergency vehicle lanes upon the Premises as may be designated by City Fire Chief. These lanes must be kept clear of all obstructions. H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 12 of 22 29. Assignment. Commission may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 30. Breach, Termination. Any failure on the part of Commission to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by Commission entitles City to terminate this Lease Agreement without notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by Commission is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by Commission and the sums inure to the benefit of City as a set -off against any debt or liability of Commission to City otherwise accrued by breach hereof. 31. Right of Commission to Use Public Streets. Commission acknowledges that the control and use of public streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council as required by ordinance and the compliance by Commission with the terms and conditions contained within this Lease Agreement. 32. Not Partnership or Joint Venture. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Commission by the City are compensation for provision of City services as described herein and for the right of Commission to use public property for the limited purpose described herein. 33. City Services Subject to Appropriation. The Commission recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures required by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 34. Compliance with Laws. Commission must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at Commission's sole expense and cost. 35. Non - discrimination. Commission warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 13 of 22 36. Fence. Commission may provide a temporary six -foot (6') chain Zink fence, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit A may be revised to enlarge or decrease the fenced area in accordance with the Commission's needs upon Parks Director's concurrence. If Exhibit A is revised, new Exhibit A will be filed with the City Secretary and supersede the existing Exhibit. The new Exhibit A become effective upon filing with the City Secretary. 37. Admission Fee. Commission may charge an admission fee. Special Events connected with Commission may charge another fee to help defray the cost of entertainment. 38. Security. Commission must provide uniformed Security Officers during the Event, and after the Event closes each night until it opens the next day. Commission will assign the Security Officers duties. Security Officer means sworn peace officers directly paid by Commission. Provided, however, the Police Chief may determine that a security guard service will provide adequate security for the Event, or portions of the Event. If the Police Chief allows a security guard service to provide security, the term "security officer" will include a licensed security guard as well as a sworn peace officer. If the City Police Chief determines it is necessary, the Police Chief will assign Police Officers to provide off -site crowd and traffic control for the Event as needed and include costs of police officers in the Direct Costs per Section 7 above. The Police Officers will be assigned duty stations by the,Police Chief, or designee. 39. City shall not authorize any carnivals on City property within 30 days before Event. 40. Entirety Clause. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and Commission for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to Commission's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. Executed in Duplicate Originals on , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa `Angel R. Escobar City Secretary City Manager H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 14 of 22 Legal Form Approved Lisa Aguilf " Assistant City Attorney For City Attorney 6 , 2010 THE BUCCA - ' . MISSION, By: Barry Date: xec by- Director -/0 H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 15 of 22 EXHIBIT A PREMISES H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc III 111 111 11 111 II 111 HI 11 III 11 111 111 111 111 III I11 111 111 II Page 16 of 22 EXHIBIT B 2010 Lease Agreement Event Locations, Dates & Summary Buc Days Carnival Next to BBQ Challenge, along Shoreline from Power St. to Resaca, on Water Street from Fitzgerald to Resaca EXCLUSIVE: April 22 through May 2 Buc Days BBQ Challenge Just outside American Bank Center, from Resaca to Barge Dock EXCLUSIVE: April 23 through April 26 Buc Days Pro Rodeo American Bank Center Arena (Commission shall contract directly with third party arena management company for use of American Bank Center Area.) H: \LEG- DIR \Lisa12010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc N SCALE: 1" =350' BUC DAYS RODEO BBQ CHALLENGE EVENT SITE TRUCK AND TRAILER PARKING AREA CONVENTION CENTER HUGHES ST. AMERICAN BANK ARENA HERITAGE PARK RESACA ST. BUC DAYS EVENT SITE POWER ST. KEY ® - STREET CLOSURE EXHIBIT SUBJECT: STREET CLOSURES - SITE PLAN - Traffic Engineering Div. BUC DAYS EVENT SITE, BBQ CHALLENGE & RODEO FESTIVAL Engineering Services Dept. Page 18 of 22 BUC DAYS 2010 EXHIBIT D — ESTIMATED EXPENSES* Park & Recreation (credit account 343697- 1020 - 12910): $2,000.00 Police (overtime at 50% of cost) Carnival costs estimate $37,000 in 2009: $14,500.00 Solid Waste and Street Services (credit account 30933 - 1020- 12510)(Street) $3,500.00 (credit account 344120 - 1020- 12350)(Solid Waste) 0.00 Storm Water (credit account 36006 - 4010 - 32010) $1,960.25 TOTAL: $21,960.25 *Commission may or may not use all services estimated on this sheet. There may be additional services requested by Commission which may require a revised estimate. These estimates do not include costs of emergency calls. Actual costs for emergency calls will be billed directly to and paid by Commission. H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc EXHIBIT E PARADE VENDOR REQUIREMENTS Page 19 of 22 Sec. 38 -6. Permit application; information required. Every application for a permit required by this chapter shall contain the following: (1) The name of the applicant and, if applicable, a certified copy of any assumed name certificate and /or corporate or other legal organization charter of record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. (3) The name, home address and phone number of any individuals who will engage in the business operations in the city. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this article. (6) The license number of any motor vehicle to be used in the operation of the business in the city. (7) a. An identification card no larger than three (3) inches by three (3) inches, displaying a photograph (or together with an additional photograph identification card, such as a current driver's license to be used with the identification card - required hereby) for each individual representative of the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. b. For purposes of this article, every individual who conducts business for an applicant is a representative of such applicant whether acting as employee, agent, independent contractor, franchisee or otherwise for other business purposes, and the applicant shall for all purposes under this article be responsible for compliance with this article by every such individual representative. (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the city from all claims for damages to property and for H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 20 of 22 bodily injury, including death, which may arise from operations under or in connection with the requested permit. Such insurance shall name the city as an additional insured, shall provide that no termination or cancellation will be effective without prior written notice to the city, and shall provide liability protection in the following minimum amounts: One hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per occurrence for bodily injury and fifty thousand dollars ($50,000.00) per occurrence for property damage. An indemnity agreement protecting and indemnifying the city against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of section 38 -17(b) of this article. (10) Proof of state sales tax certificate, if applicable, and compliance with all other applicable state and federal requirements for the particular business for which a permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -7. Health permits required for food and beverage businesses. No permit authorized to be issued under this article shall be issued to any person for the purpose of selling or offering for sale any food or beverage unless the applicant shall have first obtained all health permits, certificates and inspections required by the city health code for the particular type of business for which the permit is requested. (Ord. No. 18788, § 1, 4 -9 -1985) Sec. 38 -17. Sidewalk vendors; special regulations. No permit shall be issued to any vendor to operate his business and no vendor shall vend upon any public sidewalk in the city except as follows: (b) Parade vending. (1) Vendors may be permitted along parade routes during and for four (4) hours prior to and one (1) hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this article: a. The police chief shall determine whether the vending would be consistent with the public safety. In protecting public safety, the chief may refuse to grant a permit, or may grant a permit limiting the vending to particular areas, limiting the items to be sold or rented, limiting the time for vending, or imposing other restrictions. In making his H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 21 of 22 determination the chief shall consider, based upon past parade experience and law enforcement experience, the potential for interference with traffic; misuse of items to be sold or rented; physical injury; interference with parade participants, parade watchers, police officers and others; and other effects detrimental to safety. b. Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection (a) of this section. d. Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within six hundred (600) feet of the parade route and to private premises immediately adjacent to and within six hundred (600) feet of parade routes. Such private premises shall be owned by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. e. Applications for parade vendor permits must be completed and filed at least two (2) days prior to the scheduled parade date. (2) The city may allow parade organizers to administer the parade vending process by separate agreement. (Ord. No. 18788, § 1, 4 -9 -1985; Ord. No. 21600, § 1, 3 -16 -1993; Ord. No. 025666, § 1, 3- 2 -2004) H: \LEG- DIR \Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc Page 22 of 22 2010 Mr. Barry Box, Executive Director Buccaneer Commission, Inc. P. O. Box 30404 Corpus Christi, Texas 78401 -0401 Dear Mr. Box: In accordance with the Buc Days Short Term 2010 Lease Agreement authorized by the City Council, this letter is to confirm that Buccaneer Commission, Inc has exclusive authority to administer and issue parade vendor permits for the Commission's 2010 parade events. The Buccaneer Commission, Inc. is also authorized to establish parade vendor permit fees for the Commission's parade events. Sincerely, 'Angel R. Escobar City Manager H: \LEG- DIR\Lisa\2010 Park \BucDays.2010.Short.Term.Leasev5 clean.doc 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: April 13, 2010 AGENDA ITEM: Motion approving the following temporary street closures, beginning at 8:00 a.m. on Friday, April 16, 2010 and ending at 5:00 p.m. on Wednesday, May 5, 2010, unless otherwise noted, for the Buccaneer Days BBQ Challenge, Rodeo Festival and Carnival event (Exhibit B): A. Resaca Street, between Chaparral Street and Shoreline Boulevard; B. Fitzgerald Street, between Chaparral Street and Shoreline Boulevard; C. Palo Alto Street, between Chaparral Street and Shoreline Boulevard; D. Water Street, between Power Street and Resaca Street; E. Shoreline Boulevard, between Power Street and the Art Museum of South Texas, including the Barge Dock; F. Fitzgerald Street, between North Broadway Street and Mesquite Street, ending at 9:00 p.m. on Monday, April 26, 2010; and G. North Broadway Street (including under US 181 Harbor Bridge), between Fitzgerald Street and Brewster Street, ending at 9:00 p.m. on Monday, April 26, 2010, this right of way is under the jurisdiction of the Texas Department of Transportation ( TXDoT) and will be closed by city, in cooperation with TXDoT. ISSUE: The Buccaneer Commission special event necessitates the temporary closure of several public streets. Event Manager, Amy McCoy has requested the above mentioned street section closures be approved by the City Council for the Buccaneer Days BBQ Challenge, Rodeo Festival and Carnival event site and staging. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. PREVIOUS COUNCIL ACTION: City Council approved the street closures for last year's Buccaneer Days event. CONCLUSION AND RECOMMENDATION: Approval of the tion as presented. Attachments Exhibit "A" — Background Information Exhibit "B" — Street Closure Site Plan Exhibit "C" — Street Closure Application Exhibit "D" — Certificate of Insurance Pete Anaya, P.E. Director of Engineering Services PeteAn @cctexas.com 826 -3781 BACKGROUND INFORMATION Buccaneer Commission's Events Manager, Amy McCoy, has requested temporary street closures to be approved by the City Council for the Buccaneer Days BBQ Challenge, Rodeo Festival and Carnival to be closed beginning April 16, 2010 to allow for preparatory work; such as, installing food booths, security fencing and electrical work. The Buc Days Rodeo event will be hosted inside the American Bank Arena while the BBQ Challenge will be staged just outside its entrance doors on Shoreline Boulevard and the Barge Dock, beginning Thursday, April 22, 1010 through Sunday, April 25, 2010. The Buccaneer Commission has requested the closure of North Broadway Street and Fitzgerald Street, between North Broadway Street and Mesquite Street, for the staging of professional rodeo cowboy trucks and trailers, to end on Monday, April 26, 2010. The Buccaneer Days Carnival will be hosted next to the American Bank Center, between Power Street and Resaca Street, beginning Thursday, April 22, 2010 through Wednesday, May 2, 2010. Excess street closures, outside of the event fence, are necessary for the protection of pedestrians to and from the event site. Exhibit "A" N SCALE: 19=350' BREWSTER ST. BUC DAYS RODEO BBQ CHALLENGE EVENT SITE CONVENTION CENTER HUGHES ST. AMERICAN BANK ARENA HERITAGE PARK BUC DAYS EVENT SITE FITZGERALD ST. POWER ST. POWER ST. ® - STREET CLOSURE MMV 111111M EXHIBIT "B" SUBJECT: STREET CLOSURES BUC DAYS BBQ CHALLENGE, RODEO & CARNIVAL EVENT SITE Engineering Services Dept. - SITE PLAN - Traffic Engineering Div. Exhibit "B" 03/08/2010 16:47 3618825735 City of • rw Corps Christi BUC DAYS PAGE 02/12 City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT 1. Name of Organization Sponsoring Event: 3kcCahce r C Owl WO s5 1 on Address: I 13 34 , C tort rm.,' City: Corr s C1n,4 $.6 __ State: Zip: 70401 Phone #: 657-- 3-242- Fax #: .34 1- SSA 51 3S Email: 4 b tkcJ a Co rri 2. Name of Proposed Event g u 3. Date of Planned Event: A. s 2010 I2,0 1. V -VWU 1`1 ' _ `e.y 2.- 2,010 4. Key Contact Individual Amy MC_Coy Phone #: 34.1- 739 -8953 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE 6. Purpose of Event and Detailed Description of Activities Planned: $-C ' a ,, c(.4., 7. List foods and beverages to be served: rvt-i Vd..i i,o S Page 1 of 8 Exhibit "C" 03/08/2010 16:47 3618825735 BUC DAYS S. Services Requested by the City: C- toSu.y s, b k v i c.Cd.L s, Cone$f 41-A$ 1 GCS, v1_S. PAGE 03/12 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, -4420-eki-stationsrete., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88): 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date, 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (4 %) of the gross receipts derived from event, or Whi Cat eves reimburse the City for all costs incurred by the. City in support of said avyko k n-1— r . event4Accurate financial records shall be maintained and payment shall less be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; P. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of 8 03/08/2010 16:47 3618825735 BUC DAYS PAGE 04/12 K. All construction of booths, stages, displays, electrical services and plumbing shall comply with Gity Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. ; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; 0. Vehicles shall be prohibited from parking on grass areas within the street right -of -way, R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All Gity Noise Abatement Ordinances shall be complied with; T, Allow for the free passage of emergency vehicles into event area in case of emergency; U. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final. approval. f3u,C t q. Vleti' Cow rvl .k 5 5 i DA Sponsoring Organization 3 /io12- -0i0 Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3547 • Fax: 361 - 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 mIdiW Page 3 of 8 03/08/2010 16:47 3619825735 INDEMNITY AGREEMENT THE STATE or TEXAS COUNTY OF NUECES BUC DAYS PAGE 05/12 KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section ill of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City, Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or dosing a street, alley or other public right - of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorneys fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual .Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277, The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this ( date of KaIra\ 20 0 Am Mao Permit Applica ignature _514,GCA ., tt e,,, W Co Ile‘ VV6 t o Yl Company Name Page 4 of 8 03/08/2010 16:47 3618825735 BUC DAYS PAGE 06/12 EXHIBIT A - INSURANCE REQUIREMENTS 1. RM PEITfEE'S LIAI3II,ITY INSURANCE A. Permittee must not commence work .under this agreement until ail insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B, Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily Injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C, In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. IL ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. 2008 Street Closure Permit his. req. 5-8-08 ep Risk Mgmt. Risk Management Representative Approved Insurance Date Page 5 of 8 03/08/2010 16:47 3618825735 BUC DAYS PAGE 08/12 DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49-15. Permit required; application. No streets shall be closed temporarily nor shall any street right -of -way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event shall make application there for on forms furnished by the city containing such information as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be closed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9-20-.1988) Sec. 49 -16, issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: a) Neighborhood events. For neighborhood events at which no admission is charged and no items are sold and which require the closure of residential neighborhood streets for less than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Smell events. For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) large events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9 -20 -1988; Ord. No. 027349, § 5, 7-24-2007) Sec. 49.17, Conditions and requirements for permit, Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and M::- eh ll-b free b) All profits derived from the event shall be used for charitable purposes. c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00) /five hundred thousand dollars ($500,000,00)lone hundred thousand dollars ($100,000.00) Page 6 of 8 03/08/2010 16:47 3618825735 BUC DAYS PAGE 09/12 and for large events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00) /one hundred thousand dollars ($100,000.00). Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, 2. To all building managers and property managers of all multi - tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. if the property abutting that portion of the street to be closed to vehicular traffic is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi - tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. i) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site, iJ m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 03/08/2010 16:47 3618825735 BUC DAYS PAGE 10/12 n) Vehicles shall be prohibited from parking on grass areas within the street right -of -way. 0) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles Into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to Charge an admission fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. In addition to the application fee required by section 49 -16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 for a contractor occupying public right -of -way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17851, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2-21-1995; Ord. No. 23128, § 1, 11- 11 -1997; Ord. No. 24136, § 1, 7 -25 -2000; Ord. No. 027393, § 1, 8- 28-2007) Sec. 49 -18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either: a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the - kk55t of public expenses involved in producing the event; or 416 4-w b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated £kwlo WIA45 with the event. (Ord. No. 17651, § 1, 6 -15 -1983) Sec. 49-19. Reserved. http:Ifwww municode.comlresources /gateway _asp ?pid =13945 &sid =43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49 -15 through Sec. 49 -19 Page 8 of 8 03/08/2010 16:47 AC's D® 3618825735 BUC DAYS CERTIFICATE OF LIABILITY INSURANCE PRoDUCFR (210) 829 -7634 FAX : (210) 829-7636 Kaliff Insurance P.O. Box 171225 San Antornjo TX 78217 -0225 INSURED BiGCan .eX Commission P.O.Hox 30404 Corpus bxisti Tx 78463 -0404 PAGE 07/12 DAZE (MMro01YYYII 3/2/2010 MIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POI.iCIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INeuREIZA.Certain Underwriters @ Lloyds INSURER kT; INSURER 0: INSURER 0: INSURER E: COVE GES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTVNTHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS4ADOL POLICYQFFEGTIVE.rPOL TION .LISINER JYP6OFINSUOq f POLICY NUMBER pATg�MlborvyYVIRAT MMID LIMITS GENERAL LIABILITY X COMMERCIAL GENERAL LIAE1LITY —7 CLNMS MADE I i I OCCUR tem°0094 X Liquor Liability 51,000,000 GEN'LAGGREGATE LIMIT APPLIES PER; — IPOUCY PRO- LCC AUTOMOBILE UABIId1Y ANY AUTO ALL OIANE0 AUTOS SCHEDULE° AUTOS HIRED AUTOS NON-OV k'l D AUTOS X X GARAGELAMUTY ANY AUTO MEMO 0084 2/1/2010 2/1/2010 EACH OCCURRENCE $ 1,000,000 _ESeeI5C9 o ocome L $ 100,000 2/1/2011 MEDPscPJAiyoneoenee) $ ESCL PERSONAL 8 ADV INJURY $ 1, 000 000 0ENERALAGGREGATE $ 5,000,000 cQMP/OP AOG $ 5 000 000 2/1/2011 PRODUCTS COMBINED SINGLE UMIT (EA ae Idenn 1,000,000 BODILY INJURY (Pe peraan) BODILY INJURY (Pot I Mddent) PROPERTY DAMAGE (Pereedeenp AUTO ONLY- EA ACCIDENT OTHER THAN AUTO ONLY; EA ACC A00 EXCESS/UMBRELLA LIABILITY 7 OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION S WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEN/ExE0CmvE OFFICER/MIIEMBER PAOLUDED7 (MindgW In NH) If yoli, 4eeaelo under epecoI. PROVISION$ below OTHER YIN EACb!OCCURRENOE AGGREGATE S S 9 A Accidental 5 Medioal ,00084 Ex• =nse Coverage DESCRIPTION OP OPERATIONS/ LOCATIONS! VEHICLES J EXCLUSIONS ADDED BY ENDORSEMENT! sPEcIAL PROVISIONS CERTITICAmB MOLDER IS ADDITIONAL INSURED AS RESPECTS OPERATIONS OF THE NAMED INSURED S VVC B Arvi.B OTH- E.L EACHAeon:Je r EL DISEASE • EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ 02/01/2010 02/01/2011 $1e,000 CERTIFICATE HOLDER CITY OF CORPUS CHRISTI RO BOX 9277 CO12RLTS CHRISTI,' TX 78469 ACORD 25 (2009/01) INS025 (2009011 CANCELLATION SIIOW.D ANY OP TNEABOVE DESCRIBED POLICIES =CANCELLED BEFORE IRE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR To MAIL DAYS WRITTEN NOTICE TO THR CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OaU ATION OR LIABILITY OF ANY KIND LIMN THE INSURER ITS AoENTB OR REPRESENTATIVES. AUTHoRizED rorATrF Mitchell Kaliff /NANCY' _ ""ice/ r: 01988-2009 ACORD CORPORATION. EXH I B IT "D" The ACORD name and loge are registered marks of ACORD 25 AGENDA MEMORANDUM AGENDA ITEM: RELATED TO ITEM 25 April 13, 2010 Resolution declaring the City of Corpus Christi's interest in investigating the feasibility of a public - private partnership to develop and re- develop an area in the vicinity of the American Bank Center. ISSUE: Community leaders from the City's public and private sectors have recognized through public forums such as Bold Future that land in the vicinity of the City's American Bank Center is underutilized and does not fully support the use and operation of the American Bank Center. In addition, the majority of the property in the vicinity of the American Bank Center is owned by the City of Corpus Christi and the Port of Corpus Christi. The private development firms of Wallace Bajjali Development Partners, L.P. and Innovative Leisure Partners were approached by the City, and have indicated an interest in cooperatively seeking to investigate the feasibility of a public - private partnership to develop and re- develop an area in the vicinity of the American Bank Center. During a presentation by Wallace Bajjali to City Council during its' March 30, 2010 meeting, staff received direction to initiate actions necessary to cooperatively investigate the possibility of a public - private partnership based mixed use development. Adoption of this resolution and appointment of the Stakeholder Taskforce for the project comprise the first formal actions recommended by the Developer's representatives and staff. RECOMMENDATION: Staff recommends approval of the resolution as presented. tL-" Juan Perales, r., P.E. Assistant City Manager Engineering and Development Services Attachments: Background Information Resolution AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Community leaders from the City's public and private sectors have recognized through various discussions and public forums such as Bold Future that land in the vicinity of the City's American Bank Center is underutilized and does not fully support the use and operation of the American Bank Center. In addition, the majority of the property in the vicinity of the American Bank Center is owned by the City of Corpus Christi and the Port of Corpus Christi. The private development firms of Wallace Bajjalli Development Partners, L.P., and Innovative Leisure Partners were approached by the City, and have recently indicated an interest in cooperatively seeking to investigate the feasibility of a public - private partnership to develop and re- develop an area in the vicinity of the American Bank Center. During a presentation by Wallace Bajjali to City Council during its' March 30, 2010 meeting, staff received direction to initiate actions necessary to cooperatively investigate the possibility of a public - private partnership based mixed use development. Adoption of this resolution and appointment of the Stakeholder Taskforce for the project comprise the first formal actions recommended by the Developer's representatives and staff. It is recommended that the Stakeholder Taskforce be comprised of six members, with two being City Council members, two being Port Commissioners, and two being representatives of significant private land owners in the area. The Taskforce will be charged with the responsibility of working with the development team to identify the following for the project: • Major project goals and guiding principles. • Expectations of scope and nature of the involvement of the parties. • Limitations and requirements of stakeholders • Outline of processes and tasks necessary for proceeding with the project. • Estimated project pre - development costs, task schedules, milestones, and respective roles and responsibilities. The Taskforce will also be responsible for making recommendations to the City Council on moving the project forward, including any letters of intent or memorandums of understanding. If the Resolution is passed, June 30, 2010 has been set as the date for the Taskforce to present its project recommendations to City Council for further action, including a formal Letter of Intent. Exhibit A Page 1 of 1 RESOLUTION DECLARING THE CITY OF CORPUS CHRISTI'S INTEREST IN INVESTIGATING THE FEASIBILITY OF A PUBLIC - PRIVATE PARTNERSHIP TO DEVELOP AND RE- DEVELOP AN AREA IN THE VICINITY OF THE AMERICAN BANK CENTER WHEREAS, Community leaders from the public and private sector have recognized that land in and around the City's American Bank Center is underutilized and does not fully support the use and operation of the American Bank Center; and WHEREAS, A significant portion of the property in and around the City's American Bank Center is owned by the City of Corpus Christi and the Port of Corpus Christi; and WHEREAS, It is desirable to create a regional employment center and mixed use development and destination activity center in this area of the City; and WHEREAS, The private development firms of Wallace Bajjali Development Partners, L.P. and Innovative Leisure Partners ( "The Developer ") were approached by the City and have indicated an interest in cooperatively seeking to investigate the feasibility of a public - private partnership to develop and re- develop an area in the vicinity of the American Bank Center; and WHEREAS, It is desirable to take steps to formalize the business relationships necessary to pursue the development process, beginning with the creation of an ad hoc committee to serve as a stakeholder taskforce and appointment of members to the taskforce. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City of Corpus Christi hereby declares its interest in investigating the feasibility of a public - private partnership to develop and re- develop an area in the vicinity of the American Bank Center. Section 2. In furtherance of this effort the City hereby creates an ad hoc committee to serve as a stakeholder taskforce to work with the Developer to identify the following for the project: • Major project goals and guiding principles • Expectations of scope and nature of the involvement of the parties • Limitations and requirements of stakeholders • Outline of processes and tasks necessary for proceeding with the project • Estimated project pre - development costs, task schedules, milestones, and respective roles and responsibilities Section 3. The taskforce shall be known as the "American Bank Center Area Development Taskforce" ( "Taskforce "). The Taskforce may suggest changes to its name to the City Council for City Council approval. The Taskforce will be comprised of not more than 6 members. The Mayor Pro -Tem will appoint two members of Council and two representatives of landowners in the anticipated development area. Additionally, the City requests the Port of Corpus Christi appointment of two Port Commissioners to Taskforce. Section 4. The Taskforce will be responsible for making recommendation to the City Council on actions for proceeding with the project including a formal Letter of Intent with the Developer not later than June 30, 2010. DULY adopted at a regular meeting of the City Council of the City on the 13th day of April, 2010. ATTEST: CITY OF CORPUS CHRISTI, TEXAS By: By: Armando Chapa, City Secretary Chris Adler, Mayor Pro Tem APPROVED AS TO LEGAL FORM: April 8, 2010 By: Carlos Valdez, City Atto Corpus Christi, Texas of , 2010 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 26 AGENDA MEMORANDUM AGENDA ITEM: April 5, 2010 ZONING - (City Council Action Date: April 13, 2010) Motion to consider a request for a one -year time extension of a Special Permit, to April 14, 2011, to allow for a pet groom and boarding business, small dog and cat rescue shelter, and dog service and therapyltraining facility, on property located at the southwest corner of Gadwell Street and Laguna Shores Road, in Case No. 0309 -01, Ross and Judith Sisson. INTRODUCTION: The applicant, Judith Sisson, is requesting a time extension of their approved Special Permit to operate a small animal rescue center. Per Mrs. Sisson, due to inclement weather and flooding onsite, she has not been able to perform the construction required onsite to comply with the approved Special Permit; for this reason Mrs. Sisson is requesting additional time to come into compliance. (Attachment 1 & 2) BACKGROUND: January 12, 2004 Letter from Animal Care Manager Cherie Stuntz to Ms. Sisson indicating Small Breed Rescue is in violation of maximum number of animals permitted onsite. Ms. Sisson is permitted to keep 14 animals and yet possesses 100 at the time the letter is sent. Ms. Sisson is given 5 days to respond. February 12, 2004 Response received from Ms. Sisson, citing improvements and a reduction of the number of animals by 40. March 1, 2004 A/C Inspects Coastal Bend Small Breed Rescue giving instructions to make repairs and installs proper shelter for animals, conduct proper cleaning and sanitation. Pictures taken March 8, 2004 Citations issued for violations of Animal Care and Waste disposal. March 11, 2004 Ms. Sisson writes letter cites mistreatment by Animal Care Services. March 11, 2004 Animal Care meets with the Health Department and Code Enforcement standards. April 6, 2004 Animal Care issues additional citations for same violations. April 6, 2004 Mr. Sisson cites unfairness by Animal Care Services. May 26, 2004, the City of Corpus Christi granted the applicant a Special Permit for the operation of a kennel /animal rescue facility (Ordinance No. 025773; SP04 -01). December 28, 2004, the City's Animal Care Services Department performed an inspection and it was determined that the animal shelter failed to meet the minimum standards set by the State of Agenda Memo Page 2 of 3 planned for the facility within 60 -90 days. March 27, 2006, Animal Care Services conducts an inspection pursuant to Rule 11 Agreement issued in County Court at Law Number Two. The inspection was unsatisfactory citing numerous violations. Case No. 0309 -01 (Judith Sisson) September 6, 2006, the Applicant received a Nueces County Court Order ordering the Applicant's property to be inspected by the City's Animal Care Services Department to determine whether the property met the standards and code requirements of the City's Animal Care Services Department. Upon meeting the requirements of the code, animals that were previously confiscated by the City and placed in the care of PALS animal shelter would be returned. On September 7, 2006, the City once again inspected the property and issued an unsatisfactory rating for the shelter and the shelter did not meet the standards and applicable codes. On March 7, 2007, both parties appeared before the Nueces County Court for a hearing related to the case and, having reached an agreement, the case was dismissed by the court. On January 15, 2009 the applicant met with the City of Corpus Christi to discuss the non - compliant issues associated with the subject property. The applicant was informed that the special permit for the operation of a kennel /animal rescue facility had expired and therefore the applicant is not in compliance with the City's requirements. The Applicant was given 45 days from the time of inspection by Animal Control to complete the re- zoning application process. The Deadline date was set for March 9, 2009. On April 14, 2009 the City Council recommended denial of the applicant's request to rezone the property to an "1 -2" Light Industrial District. The City Council recommended approval of a Special Permit in lieu of the rezoning request, subject to a site plan for a pet groom /boarding business, small dog and cat rescue shelter, and dog service and therapy /training facility, along with 10 conditions. On March 15, 2010, the applicants requested a time extension to their approved Special Permit through the Development Services Department. Development Services Staff and an Animal Care Officer inspected the subject property on April 2, 2010. UPDATED 4 -02 -10 INSPECTION REPORT: Planning Division Findings: (Attachment 3) ❖ No work done over the last year to construct new concrete slabs due to flooding onsite. ❖ Driveway buildup of roofing material not an acceptable material for construction. ❖ Since the site falls within a flood zone with no drainage onsite or for the surrounding area, proposed septic system use by the applicant onsite and is not recommended and is not conducive to the health and safety of the animals onsite. ❖ Abandoned vehicles, appliances, and bulk trash onsite contribute to potential vertebrate and invertebrate vector -borne diseases. City Animal Control Department Findings: (Attachment 4) ❖ Some kennels consist of cracked and unsealed concrete slabs with inadequate slopes to prevent pooling of urine and feces, plywood floors in some kennels also trap eliminations and create a health hazard to the animals housed within the kennels. Agenda Memo Page 3 of 3 Case No. 0309 -01 (Judith Sisson) ❖ Dirt and sand is being used as flooring for some of the kennels onsite, making sanitation impossible. ❖ Some kennels rusted and need repair, temporary kennels need replacement. ❖ No shelter for horses onsite and insufficient overhead shelter for kenneled animals during periods of high heat, clean water was not available to horses and chickens. ❖ Insufficient drainage onsite to efficiently clean kennels and direct wastewater into an approved wastewater system, septic tank is not present onsite and is not recommended. ❖ High weeds onsite contribute to potential reptile and vermin health threats. CONCLUSION: Staff recommends Denial of Special Permit Extension. Following the updated inspection report, Development Service and Animal Control Staff conclude the Applicant has failed to improve the site and correct the conditions that have led to the multiple violations and increased health hazards to the animals over the last two years under the approved Special Permit. Staff understands that the site itself has limitations imposed by the lack of drainage, and it is partially due to the physical conditions onsite that Staff has determined that the property is not conducive to the health of the animals and the use of the property as an animal rescue facility. Staff recommends denial of the applicant's request for an extension of the Special Permit. REQUIRED COUNCIL ACTION: Approval of Staffs Recommendation of Denial of Special Permit Extension. Juan Pe < les, Jr., P.E. Assista City Manager, Departments of Engineering and Development Services Email: iohnnvpCa)cctexas.com Phone: 361- 826 -3828 Attachments: 1. Applicant's Letter Requesting a Time Extension on the Special Permit. 2. Arial & Zoning Maps 3. Planning Division Report (Email) 4. Animal Control Report 5. Site Photos 6. Approved 2009 Special Permit Ordinance & Site Plan Coastal Bend Small Breed Rescue Judi Sisson Executive Director Ross Sisson Treasurer Tony Hartwell Public Relations Dir. 2512 Laguna Shores Road Corpus Christi, TX 78418 361- 939 -9462 361 -816 -2693 Email: iudisisson @yahoo.com www.coastalbendrescue.petfinder.com March 15, 2010 City of Corpus Christi Developmental Services - Planning Division 2406 Leopard Street Corpus Christi, TX In regards to: Extension of Special Permit To Whom It May Concern: Please be informed that the Coastal Bend Small Breed Rescue is requesting an extension of the Special Permit for Case 0309 -01, which was issued on April 14, 2009. The Coastal Bend Small Breed Rescue is under contract for construction project. The project consists of the concrete pad and kennel runs, in order to house the animals in our care properly. The weather in the past two months has been prohibitive. We have obtained all the materials and they are sitting on site waiting for the weather to improve. Since we have received over 15 inches of rain in the last two months and we cannot be expected to control the weather the ground is saturated with water. The contractor is unable to get the heavy machinery and concrete trucks into the site. No contractor will come out to do this work when he knows his equipment cannot get to the site. The construction cannot progress until the ground can support the big machines. Therefore, we may not make the deadline of the special permit. Section 25 -5 A request to extend the time for which a special permit is valid must be submitted in writing to the Department of Planning prior to the expiration of the special permit. The fee for processing such request is published in the Development Services fee schedule, which is adopted under Chapter 14, Code of Ordinances. (Ordinance 23016, 07/29/97) (Ordinance 25454, 08/26/03) Please accept our request for the extension as the weather has presented some extenuating circumstances and we are going as quickly as we can under these constraints. Enclosed is a check for the $50.00 processing fee. Thanking you in advance. Respectfully yours, dith Sisson Executive Director/President A DOG IS FOR LIFE — NOT JUST FOR CHRISTMAS SAVE A LIFE — ADOPT A PET V 111ir■■i From: Wes Vardeman To: Gould, Richard CC: Dimas, Andrew; Faryce Goode - Macon; Mic Raasch; Payne, Robert; Rose, ... Date: 4/2/2010 4:33 PM Subject: Re: CBSBR inspection Good afternoon Richard, Here is a brief follow up report from what Andrew Dimas and I observed out at the Sisson's property today, Coastal Bend Small Breed Rescue facility at 2502 -2512 Laguna Shores Road. Most obvious is the overall lack of progress regarding the new slab which will ultimately facilitate the new and old relocated dog kennels.The parking lot although more level with less pot holes remains a concern.The use of built -up roofing material for driveway gravel is not recommended.The entire site remains damp and wet which is of great concern especially with regards to the water table at this geographic location...across the street from the Laguna Madre. This area is subject to tidal or salt water intrusion, salt water peculation, and the occasional fresh water up welling or spring. Rain water only compounds the obvious flooding problem for lack of sufficient drainage.Related to the above statement I feel that it would be impossible to bury a 500 gallon septic tank with an attached leach system an expect it to perform successfully. The tank will either float and become buoyant or remain full of waste water simply due to water intrusion. The health department will want to inspect this matter prior to the tanks installation. This is a very serious issue. The site is in serious need of a cleaning.There are a couple of RV motor homes, a school bus and various mounds of debris fencing, wood, and miscellaneous building materials that should be removed from this site. The vehicles appear abandoned and no longer in use. This random debris is scattered in and amongst the native vegetation creating a possible haven(s) for rodents and other animals to live in. This maybe a Health Department issue but definitely a Code Enforcement concern.) know you took a bunch of photographs and did to so todays visit is well documented. I hope this helps you on your end and I await your animal count and report. Wesley H. Vardeman City Planner City of Corpus Christi Development Services Department office: 826 -3583 fax: 826 -3590 »> Richard Gould 4/2/2010 11:53 AM »> Sir, I am back in the office and beginning to put my report together. Richard Gould ACO II Field Supervisor 826 -4603 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361 - 826 -4630 Commercial Animal Inspection Form _ Boarding Kennel X Humane Kennel _ Stables Pet Shop _ Grooming Shop _ Petting Zoo* _ Other Date April 2, 2010 Registration No. Pending Name of Manager /Owner /Applicant Judith Sisson Tax ID# TDL or TID # 13747714 Name of Establishment Coastal Bend Small Breed Rescue Address of Establishment 2502 & 2512 Laguna Shores Mailing Address (Same) Inspector R. Gould, ACO II Supervisor City, State, Zip Code Corpus Christi, Texas 78418 City, State, Zip Code (Same) Phone ( 361 ) 939 - 9462 Ext: Phone ( ) Ext: Note to Ins • ector: Put Yes, No, or N/A Not A . • Iicable in the columns to the ri • ht of the • uestion. Is the facility structurally sound and maintained in good repair in order to protect the animals from injury, contain them, and prevent transmission of diseases? ** *Some enclosures found with rusted and broken fencing. Sanitation impossible on areas where dogs are kept in dirt and sand. Some sick dogs kept with healthy dogs. No drainage system. House had linoleum floor lined with news paper. What type of material is pens/ kennel etc. constructed from: ** *Chain link fencing with metal posts. Concrete slabs not sealed. Some had dirt and sand for floors. House linoleum with newspaper. No Are building surfaces constructed of nonabsorbent materials that can be readily sanitized? Describe surface: ** *Some dog kennels had dirt and sand floors. Some had plywood coverings, wood absorbs moisture. Concrete slabs were not sealed and allows for absorption of moisture. Slab cracked in many areas. House linoleum flooring. No Is the facility constructed to protect the animals and not create a health risk or public nuisance? (Example: Pen too close to neighbor's home or business, Poles are set in a manner horses can not be impaled, no sharp edges or corners an animal can injure himself on.) Note findings if not acceptable: . Rusted piping found on some kennels. Some protruding tie wires. No Is the floor made of durable, nonabsorbent material? Describe flooring /type of material: ** *Floors are unsealed concrete. Some dogs have only dirt and sand floors. In house linoleum flooring, with newspaper. No Are enclosures maintained in good repair, impervious to moisture, and easily sanitized? Explain: ** *Rusted broken fencing found. Sanitation is No Do enclosures enable the animal to remain dry and clean and protect the animal's feet and legs from injury? How: ** *Overhead covers only. Horses have no shelter. No 1 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361- 826 -4630 impossible on dirt, sand and wood surfaces. Concrete needs to be sealed. Linoleum flooring in house not observed. Most kennels did have enough houses for number of dogs kept within the kennel. Insufficient sloping of slab allowed for pooling of water and urine...do not drain or dry properly. No drainage into septic system. Is this facility constructed for the type of animals to be housed on premises? (Example horse will not be housed in large dog kennels). Yes Do the cages and kennels provide enough space for each animal to be in comfortable, normal positions? Yes Does the facility have reliable and adequate electricity to comply with other requirements Lighting available only under daylight conditions. Some exterior lighting is available. Yes Are there facilities (washrooms, basins, or sinks) for employees to wash their hands? Washroom available in shop area. Yes Does the facility have potable water? ** *yes How is it delivered? ** *Water hose ** *Inside areas faucets. Yes Do animals have convenient access to fresh water at all times? ** *Dogs and Cats had clean water. Are animals protected from any form of overheating and from direct rays of sun? ** *Horses had no shelter. Some outdoor dog runs had no covers. How: Dog kennels had tops and some houses. Cats were kept in grooming shop. Some dogs kept inside residence. ** *Horses had very little water and it was green. * * *In one chicken pen the water was green. Is extra ventilation, such as fans or air conditioning, provided in indoor facilities if temperature is 85 °F or above? Explain: ** *Dog kennels are outdoors. Inside house A/C unit, for dogs kept. Shop has fans. No N/A 2 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361- 826 -4630 re animals protected from cold and inclement weather nd direct effects of wind, rain, and snow? Some dogs kept inside house. Bedding is stored for cold temperatures. Yes Is auxiliary heat or bedding provided if temperature is below 50 °F? What type: Bedding stored in shop for outdoor kennels. Only dogs in house have heat. s lighting adequate to permit routine inspection and cleaning? ** *Only during daylight hours for outdoor areas. Dogs kept indoors in house have lighting. Cats kept in hop with lighting. Are primary enclosures situated to protect the animals from excessive illumination (man -made or natural)? ** *Not all dog kennel and holding areas had tops / covers. Some dogs kept in house. Yes Is there a suitable method for rapidly and safely removing ater and other liquid wastes? How: ** *Some dog holding areas had dirt and sand flooring. Drainage poor on concrete slabs where pooling occurs. Kennel runs have no drainage to septic system and cracks in slab. Newspaper use in house use to soak urine and feces according to Mrs. Sisson. Yes No Are excreta removed from enclosures often enough to prevent contamination of the animals (at least once a day)? ** *Feces is removed on a daily basis. Kennel runs did not have excessive feces. Yes e enclosures maintained in a sanitary condition? (Floors, walls, clean water bowls and food bowls leaned ?) ** *Pooling of urine on some slabs. Dog houses eed more regular cleaning, some were dirty. No Are the building and premises kept clean? (Organized, lawns mowed, trimmed, etc...) ** *Not recently mowed and trimmed some high weeds. Fencing and other materials, etc. scattered throughout property, there is clutter in the shop area. No Are there provisions for the removal and disposal of animal and food wastes, bedding, dead animals, and ebris? * * *5 gallon bucket. Describe How /Name of Company hired to do removal: ** *City of Corpus Christi' Yes Are disposal facilities operated in a manner that minimizes vermin infestations, odors, and disease hazards? * * *No (Are trash cans kept clean, Wheel barrels cleaned, loose debris picked up, etc... ?) ** *Loose debris on grounds throughout. No 3 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361- 826 -4630 re food pans kept clean and sanitary, and if disposable ood pans are used, are they discarded after each eeding? ** *Food pans were clean. re food and bedding stored to protect them against infestation or contamination by vermin? How: ** *Food (dry kibble) stored up off ground on tables in grooming shop. No bedding seen. Yes Yes What type of cleaners and disinfectants are used? ** *Bleach / water mixture. Also chlorhexadine and A33 dry (Quaternary). Is a refrigerator available for perishable foods? house and shop. Yes Yes re dogs and cats fed at least once a day and have convenient access to clean food? ** *Yes Is there a regular program in place for control of insects, ectoparasites, and other pests? Name of company used: ** *Advantage, Frontline, Liquid Seven, Dursban, Ivermectin liquid once a month. Adams ip (pyrethrine) Does the facility have a written Standard Operating Procedure (SOP)? ***Yes Is the SOP posted? here? ** *Shop Yes Is food wholesome, palatable, nutritious, and free from contamination? ** *Yes Type(s) of food used: * **Dry kibble /dogs & cats. ** *Horses — no palatable roughage Available. Yes Yes Is the SOP specific for the facility? Yes 4 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361- 826 -4630 Are animals of relatively the same size sharing cages /pens? Yes Are animals separated by species and by sex? All animals of similar sizes. No non - sterilized animals of opposite sex being kept together Yes Do enclosures have tops to prevent escape? ** *Not all What are the tops constructed of? ** *Fiberglass panels present. Some had no tops. Some runs covered with ' plywood and chain link. No Are sick or injured animals segregated from healthy animals? Yes...No sick animals observed. How? Yes Do records document animal description, date adopted, date transferred, and date died? ** *Inspector observed records location /posting. Individual records not reviewed. Paper records kept and on computer file Yes Does the facility keep records on each animal? ** Where are they located and how are they kept? (Example: On premises in a separate building set up as an office in a file cabinet.) ** *Records are kept in kitchen (office) area of house. Yes Does the facility have emergency contact numbers in a visible location? Where? ** *Kitchen of house. Front entry of Shop. Yes Does the facility have an emergency plan? Has it been reviewed by the OEC? How was this verified? Plan faxed to animal control...date of receipt . Yes Has the facility met zoning and code regulations? Development Services Department name: ** *Zoning assigned to this case. Special Permit. Registration Number: Cause No. 0309 -01 Yes Date of confirmation: 04 -14 -2009 Name of Person and Department Animal Care Confirmed with: Development Services Yes Photos of facility provided to inspector? * * *No If No, Why and when will they be provided Photos taken at location Yes Diagram of facility provided to inspector? If No, Why and When will they be provided In council packet Yes 5 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361- 826 -4630 This facility has approximately 4 cat cages & 15 dog cages /pens. When the facility was inspected today, it was housing approximately: 9 Cats & 41 dogs in pens and kennels designated for this facility. Inspector Comments: Five cats (5) cats were additionally observed free roaming on the grounds. Numerous poultry free roaming. Additionally fifteen (15) dogs were claimed as owned by resident inside the house; one in garage and fourteen inside house. I did not enter the house during this inspection. Animal Totals: 43 dogs 14 cats 17 fowl 1 guinea hen 2 horses Total # animals: 78 animals (limited to only 103) total not exceeded. DX Check here if additional inspector comments are attached DX Check here if additional documentation is attached. photos sketch, CBSBR document (Type) Rating: Satisfactory ❑ Unsatisfactory DX If applicable, timeline for probationary period CBSBR has until 04 -14 -2010 to meet standards * certain items may not be applicable for temporary permits such as, a petting zoo, circus, or rodeo. * * Section 6-56(b) Owners and operators of stables or kennels, except kennels owned and operated by veterinarians, where animals are boarded or grazed for a fee must maintain a register identifying all animals boarded or grazed, the name, address, and telephone number of the owners of each animal including an alternative emergency telephone number, and a statement by the owner of each animal boarded or grazed either assuming total responsibility for the care and feeding of the animal or transferring all responsibility for the care and feeding of the animal to the stable or kennel owner or operator. As the inspector for the city of Corpus Christi Animal Care Services Division, I certify that I have personally inspected this facility and that it conforms to the statements above. Richard Gould, ACO II Field Supervisor Animal Care Services Division Inspector April 2, 2010 Date As the Manager for the city of Corpus Christi Animal Care Services Division, I certify that this commercial animal establishment has been inspected and is in compliance with all construction, zoning, or other ordinances of the city. Division Manager Date 6 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361- 826 -4630 Date: Additional notes: • The inside of the house was not inspected on this date. Mrs. Sisson provided a list of what dogs she owned and what dogs kept in the house were a part of her rescue. • In total 91 photos were taken during this inspection. A sketch was completed to show locations of animal pens and number of animals in each. • Mrs. Sisson provided a list of all dogs information by name, breed, sex, color and their location including animals in foster homes. • Some enclosures found with rusted and broken fencing — needs replacing or repair. • Sanitation impossible in areas where animals are kept on dirt / sand. Coastal Bend Small Breed Rescue should not use these areas. • Several concrete floor dog runs had improper sloping which allowed for pooling of water and urine. Resurfacing and leveling needed. • One dog run had holes in the concrete, others had cracks. Repair or replacement needed for sanitation and safety concerns. • Concrete is not sealed, moisture can be absorbed. Purchase and apply sealant. • Horses had no shelter and water was dirty and insufficient at time of inspection. Horses need shelter and need fresh water available at all times. • Lighting available only during daylight and good weather conditions. • Some dog carriers found to be in poor repair and dirty. • No drains — kennel slabs are washed off into dirt near kennels. Need drains to septic or sewer. • Loose debris around kennels. Needs to be kept clean. • Materials left lying in areas from prior deconstruction that will attract vermin. • Not all runs had covers to prevent escape; some runs were covered with plywood which is not acceptable. One kennel had wood under the fencing. Wood will absorb and hold moisture and disease. • Cats free roaming on properties. City Ordinance 6 -101 Restraint, Cats not wearing tags, no proof of rabies vaccination and City Registration. Ordinance 6 -126 (Vaccination) and Ordinance 6 -26 (Registration). Ordinance 6 -102 (spay /neuter required of cats) must have registered to show proof of spay / neuter. • Chickens and roosters free roaming on properties. Fowl must be confined on property as required by City Ordinance 6 -154 (Keeping of any livestock or fowl). Must have greater than one acre of land and the fowl can not come within 100 feet of any existing dwelling or business, building owned, used, or maintained by any person other than the keeper. 7 Animal Care Service Division 2626 Holly Road Corpus Christi, Texas 78415 361- 826 -4630 The above list is not exhaustive — But demonstrates items that need to be addressed. There have been no relevant changes from the last inspection. Richard Gould, ACO II Field Supervisor Signature Date Page 1 of 4 AN ORDINANCE 028113 �sV APR 2 ,1 AMENDING THE ZONING ORDINANCE, UPON APPLICATION.-.:- BY ROSS W. AND JUDITH A. SISSON, BY CHANGING THE *,NINE''' MAP IN REFERENCE TO 1.4 ACRES OUT OF LOT 23, SECTIV 54' FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, GADWELL ADDITION, BLOCK 1, LOT 2, FROM "B -2" BAYFRO BUSINESS DISTRICT TO "B -2/SP" BAYFRONT BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR A PET GROOM/BOARDING BUSINESS, SMALL DOG AND CAT RESCUE SHELTER AND DOG SERVICE AND THERAPY/TRAINING FACILITY, SUBJECT TO A SITE PLAN AND TEN (10) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ross w. and Judith A. Sisson, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, March 4, 2009, during a meeting of the Planning Commission, and on Tuesday, April 14, 2009, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.4 acres out of Lot 23, Section 54, Flour Bluff and Encinal Farm and Garden Tracts, and Gadwell Addition, Block 1, Lot 2, located on the southwest corner of Gadwell Street and Laguna Shores Road, from "B -2" Bayfront Business District to "B -2 /SP" Bayfront Business District with a Special Permit to allow for a pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy /training facility, subject to a site plan, attached, and ten (10) conditions. (Zoning Map 035029; 113 -05) (Exhibit A) (Site Plan attached as Exhibit B) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following ten (10) conditions: A. Uses: The only use authorized by this Special Permit other than those uses t Business District is a pet groom /boarding • — its i — • • -•l I . : „ •1 i1no i 1 Page 2 of 4 business, small dog and cat rescue shelter and dog service and therapy /training facility. All activities must be conducted in accordance with the City of Corpus Christi Animal Control Regulations. B. Animals: The pet groom/boarding business, small dog and cat rescue shelter and dog service and therapy/training facility shall be limited to no more than 103 (8 rabbits, 18 cats, 50 dogs, 27 chickens or 3 turkeys or a combination thereof). C. Prohibited Animals: Large animals, including but not limited to cattle, emus, llamas and swine. D. Slaughtering: The slaughtering of animals on the property is prohibited. E. Animal Waste: In accordance with Chapter 6, Article VI, Section 6 -158 of the City Code of Ordinances, all animal waste must be collected on a daily basis and stored in a rat -proof and fly tight container waste �properly isposed. F Feed Storage: In accordance with Chapter 6, Article VI, Section -159 of the City Code of Ordinances, the storage of feed must be kept in a rat- proof, fly -tight building, box, container or receptacle. G. Ponding: Animal pens should be graded or covered so as to eliminate standing water in the pens. Cpyt Ghat, co 61/ %, / e ;at �� , H. Maintenance: The property shall be kept in a neat appearance at all times. I. Platting: Platting of lot 23 is required prior to the construction of any new building on the lot. J. Time Limit: The Special Permit shall be deemed to have expired within one (1) year from the date of this ordinance unless the property is being used as outlined in Condition A and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. Page 3 of 4 SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 14th day of April, 2009. ATTEST: CITY OF C ' - PUS CHRISTI Armando Chapa City Secretary APPROVED: April 6, 2009 eborah Walther Brow Assistant City Attomey For City Attomey Henry arrett Mayor, City of rpus Christi Page 4 of 4 Corpus Christi, Texas day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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, H -n % Garre Mayor, City Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. , Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon f Corpus Christi 0281.13 ACRES t FLOUR ALLF0.4CNOOL TR -ER FISHING CL FROM: "0-2" TO: "B -2" 1 SP CASE # 0309 -01 EXHIBIT A: STAFF AND PLANNING COMMISSION RECOMMENDATION FROM: "B -2" TO: "B -2" / SP ORDINANCE NO.: rre m 14.5urt4., LA4rwl std'- It- s ca- 19.w 1"c3 wAs74 vOt.. sEt 116.424 EXP"1T., • si-rE-PLAN g. t miteire auA� 0... -. — La.�trte /// cis /v W,) FINAL PLAT : GADWELL ADDITION , BLOCK 1 , LOT 2, CORPUS CHRIS1 NUECES COUNTY, TEXAS. i/-' LABIIM4 A9■ Dee 4) j O'! LOCATION MAP jefie1/1-"--."11:..ot 3 • • ° h 8 8018: POWIA TIQV FLOOR =PAM a OF API AQB CONSPROC27011 217 Eg A 21121111,01 OP 22 Psi? MOM BSA L819rL. . vo L. 4. PG 41-43 NOTE: AVERAGE ELEVATION OF LOT 4.5 FEET ABOVE MEAN SEA LEVEL...—... 30' DR A! NAGE 14' P. D✓NCAIN 1V?! xT s7 for 2 1 Mat •r., . E EASEMENT ?:a lb NJVC.mti I.1 ?! AC." f./1LEI T+t. 4t C). SC KB E &V. 44':.s. 7 R . t . , s 97s oo'W 9700' I. LAGUNA SHORES ROAD GRAPHIC SCALE FEET STATE OF TEXAS: COUNTY Op NlElCE8: This final plat Any private water supply and or to installation. STATE OP 1IXAS: 1 4 T W W -J .01 This the 21st STATE Op 7BXA DP NOB LEG Being s tract more or less, Plour Sluff ! as described Page 150 of t Texas. plat e Darden Tracts 41-43 of Ow STATE Op TSXA WUW Y OF NUi Mbiie Survey plat is true knowledge aid feoa s envoy 1474. APT STATE Op TBXA COUNT, Op NUS certify that embraced with EH.00K 1, LOT Texas; that 1 subdivided $$ on said foreg use forever; hereon sr* de installatios, utilities; th purposes of d authority, on 'may A0ph ;n; name is. sable. ;s writing. mad eiv th. same for • therein ears This the 21st —E Notary A of GADWELL ADOITION,ILOCK 1,1.07 t, approved by the Corpus Christi Nueces County li sewerage system shall be approved by the Corpus Christi- Nunes County Health Dopsrtsa Dated the _day of i,x_ 1476. i��a1 s n�sr�RCi P•blic 1 . Numbs County, Tows. QTY Or NUEN:88: the Director, Department of nearing 7hia final plat of the herein described property approved try � 'I 4502. unet, ZAhots Legal Description: Be•ing a portion of Lot No. 23 in Section No. 54 of the Flour Bluff and Encinal Farm and Garden Tracts, as shown by the map or plat thereof recorded in Volume "A ", Pages 41 to 43, both inclusive, of the Map Records, Nueces County, Texas, to which reference is here made for all pertinent purposes, said tract being more particularly described by mete and bounds as follows, to -wit • BEGINNING at the point of intersection of the Northwest boundary line of that certain tract of land conveyed by Wesley Ray Duncan, et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volume 231, Page 132, of the Deed Records of Nueces County, Texas, and the Northeast boundary .Line of Lot No. 23 for the Northeast corner of this tract, said corner bearing North 29 deg. East a distance of 1320 feet and South 61 deg. East a distance of 3748 feet from the Southwest corner of said Section No. 54 . of the Flour Bluff and Encinal Farm and Garden Tracts: 6(7�l j�o( THENCE, North 61 deg. West along the aforementioped Northeast boundary line of Lot No. 23, a distance of 44 feeet.to a 5/8" iron rod in the same, being the Northwest corner of the aforementioned Lot No. 23, for the Northwest corner of this tract; THENCE, South 29 deg. West along the Northwest boundary line of Lot. No. 23, pass a 5/8" iron rod at 39', in all a distance of 136 feet to a 5/8" iron rod in the same, for the Southwest corner of this tract; the same being the Northwest corner of a tract of land in the name of .James M. Alphin et ux; THENCE„ South 61 deg. East along a line that is parallel to the Northeast boundary lineof the tract herein described, the same being the Northeast boundary line of said James M. Alphin et ux Tract, a distance of 44g,,✓feet to a 5/8" iron rod in the Northwest boundary line of that4K..ertain tract of land conveyed by Wesley Ray Duncan et ux to L. F. Brothers by Deed dated May 21, 1937, recorded in Volume 231, Page 132, of the Deed Records of Nueces County, Texas, for the Southeast corner of this tract; Thence, North 29 deg. East along the Northwest boundary line of the said L. F. Brothers Tract, as aforementioned, pass a 5/8" iron rod at 97' in all a distance of 136 feet to a 5/8" on rod for the Place of Beginning. Qs ;h�►�4�� 9�� VlbTOR S. MEDINA 3419 +6 i-1iit■le Rental Property 2518 Laguna Shores 14" "tat1 Grooming Shop & Rescue 2512 Laguna Shores Concrete Pad With proper drainage & Septic System Pad size 100 feet long by 50 feet wide Pad Is for round building — US Steel type Building to house kennel runs, rescue office, and training areas recig U v tiff Sisson Residence 2502 Laguna Shores La&u4'i SNhRCs J W ma O vet _m= e r et--„P• -r1-1 .4.1 1. t_ "- kP/ - 1. I = •IP • — • r--.; • - -- 3 C LA.2. I ."'.1 „Lt.- ' 7 V•C LP. -••• ;II • r • zo •.-k_ .1 I 7! ••:;11 _ " • • lV,iS Zs. 1 1-f • L MN L 7 - T-- K - -I '1 :d J • .e .-.,. ..• ' . ..., -.. . i -..._.,.c.2._.. •,_.,.. '" ....' ./.' . 1 E — 1. •i. 1 3 I II _=-; _ _ • •- Lk. • 1- L ■ _ L 7 - 1 . • . . . . : - R 1 r 3 , • • j •p• - • .7 • . • — ."1••1;727-1, • d j•-• 11.;. - • _ ,_•7 1 — — • 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Regional Health Awareness Board Activity Update STAFF PRESENTER(S): Name Title /Position Department 1. Susan Utley Program Coordinator ACM 2. 3. OUTSIDE PRESENTER(S): Name 1. Dr. James Mobley 2. 3. Title /Position Chair Organization Regional Health Awareness Board BACKGROUND: The purpose of the Regional Health Awareness Board (RHAB) is to connect people, governments, and industry on issues regarding public health, safety, and the environment. Since the re- establishment of the board, the RHAB has been active in re- organizing its efforts towards achieving its mission. The purpose of the presentation is to update the Council on the progress made and to inform the Council about projects and activities. REQUIRED COUNCIL ACTION: None \JULLu��• Susan Utley, Program Coordinator Regional Health Awareness Board susanu @cctexas.com 361.826.3370 PowerPoint Supplemental Information Margie C. Rose Assistant City Manager for Community Services margier @cctexas.com 361.826.3232 • Founded 2003 • Restarted 2006 • Re- restarted June, 2009 Events Since Last Restart • 3/2009 Amendment to Interlocal agreement pledging financial support to RHAB • 6/2009 RHAB resumes meetings • 9/2009 launch of RHAB website • 11/2009 hiring of Program Coordinator • 12/2009 ended industry support RELIUNAL HEALTH PLWARENESS BOARD To ensure that opportunities exist for quality dialogue by citizens of the Coastal Bend on the issues impacting health, safety, environment and life qualit" RELivNAL HEALTH 11VtilARENESS 60AR❑ City of Corpus Christi Representatives • Patricia E. Mattocks, March of Dimes • Margie Rose, Asst City Manager • Patty Clark, Mission of Mercy ill .4- ' :,..1.1.- 1.. r.,,,: . *t?''''1":4,. .: 7 - . .1: i' ;::. '4‘5..--1-:4.9'. ':::: . - . . '''''''.(2railailiailMilEri!r-. . - .- " w ' ''''- -..- ''' Eill 6 RELIUNAL HEALTH AVVIA RENES5 BOARD • 2010 Earth Day Bay Day • Participation in Health Fairs • Regular updating of RHAB website • Systematic promotion of website • Print advertising and regular media announcements. RELivNAL HEALTH 11VtilARENESS 60AR❑ Hillcrest Benezene Studv • Study by Texas A &M showed elevated levels of Benzene in some Hillcrest residents. • RHAB is partnering with CDC, ATSDR, TCEQ, Texas A &M, and EPA to investigate. Lead: James Mobley, M.D. RELivNAL HEALTH AWARENESS BOARD Birth Outcomes Study • Nueces County; 84% higher birth defects than the rest of the state. • Toxins unlikely but not completely ruled out. • Hosted meeting March 31 with Texas Birth Defects Registry. r Lead: Patricia Mattocks March of Dimes RELivNAL HEALTH AWARENESS BOARD South Texas Colonias • Attend meetings of Nueces County Colonia Initiative. • Meet with State Ombudsman, Sinoel Contreras, regarding appropriate role for RHAB. r Lead: Rich Tuttle L RELivNAL HEALTH 11VtilARENESS BOARD South Texas Asthma Statistics • San Patricia County has a very high rate of pediatric admissions for asthma • Nueces County's admissions rate is average for Texas • Collaborating with ATSDR to further research causes of problem. Lead: William Curtis, M.D. RELivNAL HEALTH 11VtilARENESS BOARD Admissions for Asthma (Pediatric) per 100,000 population Texas Average 123 Admissions for asthma (pediatric) per 100,000 population Texas average 123 -0 -75 -76 -150 151 - 225 More than 225 A No hospitals in the county • All hospitals in the county are exempt* from reporting THCIC collects data from most Texas hospitals. Some hospitals are statutorily exempt from reporting (see introduction for details). RELIUNAL HEALTH AWARENESS BOARD Ad Ath (pd.t.) per 100,000 population Admissions for asthma (pediatric) per 100 )J00 population Texas average 123 0 -76 76 -150 151 - 225 More than 225 RELIUNAL HEALTH AWARENESS BOARD Conclusion and Possible Actions • Problem appears to be access to care rather than environmental. • Outreach to public through programs such as DCHS Healthy Families program, radio, and events • E - newsletter • Recruit active and informational partners RELivNAL HEALTH 11VtilARENESS BOARD Systematic Release of Air Quality Data • Project recommended by ATSDR • Air quality has improved over the last decade. • What can we do to de- mystify the vast pool of air quality data available to the general public? • Partner with TCEQ to provide information and instruction on how to access and interpret data. • Create website page with information. RELivNAL HEALTH 11VtilARENESS BOARD RELIUNAL HEALTH AVVARENES5 BOAR❑