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Agenda Packet City Council - 05/11/2010
1%.000%101%•• May 4 1,aOl.Q 614 prig fird ed. . Pie 074 tria igra.14‘ PP. 1011) MI 0171. P:41119 11:45 A.M. - Proclamation declaring the week of May 8 -16, 2010 as "National Tourism Week" Proclamation declaring the month of May 2010 as "Older Americans Month" Proclamation declaring the month of May 2010 as "Elder Abuse Awareness Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 11,2010 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 Pastor David Bendett, Victory South Coast 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 Larry Elizondo, Sr. Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting May 11,2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of April 27, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. • Advisory Committee on Community Pride * Civil Service Board /Commission * Commission on Children and Youth * Sister City 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. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Motion approving the purchase of network hardware for the Public Health District from Calence Insight Networking Solutions, of Austin, Texas in accordance with the State of Texas cooperative purchasing program for a total amount of $51,743.60 under the Community Preparedness Section /Public Agenda Regular Council Meeting May 11,2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Health Emergency Response (PHER) Focus Area I, Phase 3 Grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund No. 9100. (Attachment # 3) 4. Motion approving the purchase of Laboratory Information Management System (LIMS) for the Public Health District from STARLIMS Corporation, of Hollywood, Florida in accordance with the State of Texas cooperative purchasing program for a total amount of $163,308.33 under the Local Public Health Preparedness /Public Health Emergency Response (PHER) - Focus Area II Grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund 9100. (Attachment # 4) 5. 6. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $165,840 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) b. Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the Executive Office of the President. Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment # 5) a. Resolution authorizing the City Manager or his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $8,501.09 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Attachment # 6) b. Ordinance appropriating $8,501.09 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. (Attachment # 6) Agenda Regular Council Meeting May 11, 2010 Page 4 7. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). (Attachment # 7) b. Ordinance appropriating a $56,793 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program (RSVP). (Attachment # 7) 8. Resolution authorizing the Director of the Corpus Christi — Nueces County Public Health District to execute an Interlocal Cooperation Agreement with the City of Bishop to provide food establishment permitting services within Bishop and to collect all necessary fees. (Attachment # 8) 9. Ordinance authorizing the resale of ten (10) properties for $56,000 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,094.98 plus $11,289.01 for partial payment of City paving and demolition liens. (Attachment # 9) 10. 11. a. Motion authorizing the City Manager to enter into an outside city limits water contract with Richard and Beatrice Hinojosa to provide public water to their property located outside the city limits on Jurica Road (CR 37) south of Saratoga Boulevard (SH 357) and east of Old Brownsville Road (FM 665), on Lot 27A, William Robertson Farm Tracts under Section 55 -111, Code of Ordinances. (Attachment # 10) b. Motion authorizing the City Manager to enter into a Sanitary Sewer Connection Agreement with Richard and Beatrice Hinojosa until wastewater services are available to the property known as Lot 27A, Williams Robertson Farm Tracts. (Attachment # 10) a. Second Reading Ordinance - Declaring each of the four City - owned properties listed and described in the attached Exhibit "C" as surplus property, three which are narrow in shape and not suitable for building, one that Tacks paved access to and from public roads, and all of which are small in area. (First Reading — 04/27/10) (Attachment # 11) Agenda Regular Council Meeting May 11, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Second Reading Ordinance - Authorizing the sale of each of the four surplus properties listed and described in the attached Exhibit "C" to (1) abutting landowners in the same subdivision, or (2) abutting property owners in proportion to their abutting ownership; and authorizing the City Manager or his designee to execute the deeds and any related documents necessary to complete the sales and convey the properties. (First Reading — 04/27/10) (Attachment # 11) EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 12. 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. 13. 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. 14. Executive session under Texas Government Code Section 551.071 regarding Cause No. 09- 1755 -H, Mirosalva Mares - Sabala and !von Cruz Quinones, Individually and as Next Friend of Joshua Quinones vs. City of Corpus Christi, in the 347th Judicial District, Nueces County, Texas, with possible discussion and action in open session. 15. Executive session pursuant to Texas Government Code Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action in open session. Agenda Regular Council Meeting May 11, 2010 Page 6 J. PUBLIC HEARINGS: CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASE: 16. Case No. 0310 -05, John Carlisle: A change of zoning from the "B -3" Business District to the "1 -2" Light Industrial District resulting in a change of land use from Pet Resort Business to Pet Resort Business with outdoor dog walk area use on property described as a 0.969 -acre property located in Laguna Business Center, Block B4, Lot 1, generally located at the northwest corner of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard. (Attachment # 16) Planning Commission and Staffs Recommendation: Denial of the "1 -2" Light Industrial District and in lieu thereof approval of a "B -3 /SP" Business District with a Special Permit; subject to a Site Plan. ORDINANCE Amending the Zoning Ordinance, upon application by John Carlisle, by changing the Zoning Map in reference to 0.969 acres out of Laguna Business Center, Block B4, Lot 1, from "B- 3" Business District to "B -3 /SP" Business District with a Special Permit to allow a change in land use from Pet Resort Business to a Pet Resort Business with outdoor dog walk area, subject to a Site Plan; 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. STREET CLOSURE: 17. Public Hearing and First Reading Ordinance to consider abandoning and vacating a 61,071- square foot portion (1.402 acre tract) of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 subdivision, and a 5.17 acre tract described in Volume 2358, Page 343, of the Deed Records of Nueces County, Texas, being a portion of Section 31, of the Laureles Farm Tracts, recorded in Volume 3, Page 15, of the Map Records of Nueces County, Texas, said public right -of- Agenda Regular Council Meeting May 11, 2010 Page 7 K. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) way, being located adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to compliance with the specified conditions. (POSTPONED UPON STAFF REQUEST) (Attachment # 17) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. a. Ordinance amending the Code of Ordinances, Section 2 -287 regarding membership of Mayor's Fitness Council, to provide for appointment of members by the Mayor with approval of the City Council, and to add two At -Large members for a total of thirteen (13) members. (Attachment # 18) b. Consideration and appointment of members to the Mayor's Fitness Council. (Attachment # 18) 19. a. Ordinance amending the Code of Ordinances, Section 2 -233 to increase membership of Clean City Advisory Committee by adding two At -Large members for total membership of eleven (11) members. (Attachment # 19) b. Consideration and appointment of members to the Clean City Advisory Committee. (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute a construction contract with Progressive Structures of Corpus Christi, Texas, in the amount of $2,040,000 for H. E. B. Pool Complex Replacement for the Base Bid. (BOND ISSUE 2008) (Attachment # 20) 21. First Reading Ordinance - Granting approval to AEP Texas Central Company, for the partial assignment of its franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights -of -way of the City of Corpus Christi, Texas to Electric Transmission Texas, LLC. (Attachment # 21) Agenda Regular Council Meeting May 11,2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22. Ordinance amending the Code of Ordinances, Section 38, Article II, Solicitations for Charitable Purposes, by adding Section 38 -46(i) to regulate aggressive panhandling in a public area or twenty -five (25) feet of an automated teller facility, entrance or exit of a bank, entrance and exit of check cashing business; providing that a culpable mental state is not required; providing for penalties; providing for severability; and providing for publication. (Attachment # 22) 23. Resolution amending Financial Policies adopted by Resolution No. 028176 and providing financial policy direction on preparation of the FY 2010 -11 Budget. (Attachment # 23) 24. a. Motion authorizing the improvements to the Convention Center and Selena Auditorium shown on the attached Exhibit "C ". (Attachment # 24) b. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $3,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center; and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. (Attachment # 24) c. Resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 in an amount up to $3,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Convention Center and Selena Auditorium; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. (Attachment # 24) d. Motion authorizing the appointment of M. E. Allison & Company, Inc. as financial advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010. (Attachment # 24) Agenda Regular Council Meeting May 11,2010 Page 9 25. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager to establish and adopt blended water rate principles and create a new publish rate class: Blended Water. (Attachment # 25) b. Resolution authorizing the City Manager to negotiate and execute a blended water supply agreement with Las Brisas Energy Center, LLC. (Attachment # 25) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Health and Risk Management Claims Report — Year -to -Date Period ending January 31, 2010 (Attachment # 26) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. 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. Agenda Regular Council Meeting May 11,2010 Page 10 N. O. CITY MANAGER'S COMMENTS: (NONE) ADJOURNMENT: POSTING STATEMENT: This agenda was posted on entrance to City Hall, 1201 on May 6, 2010. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the City's official bulletin board at the front Leopard Street, at c5 : 4T p.m., lumclocto cApc) Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. MAY 11, 2010 12:00 P.M. PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act of the following addition to the agenda of the City Council to be considered at the above meeting: K. REGULAR AGENDA 25. a. Resolution authorizing the City Manager to establish and adopt blended water rate principles and create a new publish rate class: Blended Water. (To be considered at approximately 3:00 p.m.) (Attachment #25) b. Resolution authorizing the City Manager to negotiate and execute a blended water supply agreement with Las Brisas Energy Center, LLC. (To be considered at approximately 3:00 p.m.) (Attachment #25) POSTING STATEMENT: This supplemental agenda was posted on the City's fficial bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ~~© a.m. /~~m. May 7, 2010. Armando Chapa City Secretary City Council Goals 2009 -2011 Cl OI Corms s Cfinsil Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 27, 2010 - 12:00 Q.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 *Arrived at 12:05 p.m. 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 Executive Pastor Paul Schulz with Bay Area Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of April 20, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Adame referred to Item 2 and the following board appointments were made: Advisory Committee on Community Pride Elisa Macias (Appointed) Electrical Advisory Board Fiorentino Vasquez (Reappointed) Jared M. Merdes, P.E. (Reappointed) David Schury (Reappointed) Park and Recreation Advisory Committee Dorina Ramirez (Appointed) Coastal Bend Health Facilities Dev. Corp. Jack Solka (Reappointed) Erika Escobedo- Benson (Reappointed) Judy Telge (Reappointed) Dr. Richard Davis (Reappointed) Annie J. Castro (Reappointed) Curtis A. Rock (Reappointed) Dan Winship (Reappointed) Watershore and Beach Advisory Committee Charles Marschall (Appointed) * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 3 - 12). There were no comments from the public. Council Member Martinez requested that Item 8 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: —1— Minutes — Regular Council Meeting April 27, 2010 — Page 2 3. MOTION NO. 2010 -089 Motion approving the purchase of traffic signal equipment from Consolidated Traffic Controls, Inc., of Arlington, Texas in accordance with Bid Invitation No. BI- 0084 -10 based on low bid for a total amount of $64,960. Funds have been budgeted by the Traffic Engineering Division of the Engineering Services Department in 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 ". 4. RESOLUTION NO. 028578 Resolution approving the submission of a grant application in the amount of $391,968 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 10 with a City cash match of $442,672, in -kind services of $14,019, and program income match of $8,767 for a total project cost of $857,426 and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.a. MOTION NO. 2010 -090 Motion authorizing the City Manager or his designee to accept a supplemental grant in the amount of $49,675 from the Texas Automobile Theft Prevention Authority (ATPA) for additional overtime for Officers funded under the grant, for the purchase of equipment, and to enhance the Public Awareness Campaign for the Motor Vehicle Theft Enforcement Unit within the Police Department and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5.b. ORDINANCE NO. 028579 Ordinance appropriating $49,675 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. 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. RESOLUTION NO. 028580 Resolution authorizing the City Manager or his designee to execute a Memorandum of Agreement (MOA) with the Naval Air Station Corpus Christi (NASCC) and the Corpus Christi Police Department (CCPD) to address mutual aid procedures between NASCC security and CCPD, and other efforts to enhance capabilities of both agencies through increased interagency cooperation. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting April 27, 2010 — Page 3 7 ORDINANCE NO. 028581 Ordinance appreprating $166,01 from the Unreserved Fund Balance in the Business /Job Development Fund No, 1140 for the Corpus Christi Business and Job Development Corporation Affordable Housing New Construction Program; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252, to increase appropriations by $166,501. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. MOTION NO. 2010 -092 Motion authorizing the City Manager or his designee to execute Change Order No. 6 for the Landfill Gas Control Flare Station, Earthwork, Erosion Control Matting and Horizontal Collection Gas Well to a construction contract with Environmental Specialties International of Baton Rouge, Louisiana, in the amount of $58,939.77 for a restated not to exceed fee of $7,021,738.07 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 10. MOTION NO. 2010 -093 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols Inc. of Corpus Christi, Texas, in the amount of $67,968 for a total restated fee of $1,095,485 for Staples Street - Phase 1 from Saratoga to Holly for right -of -way (ROW) acquisition survey of 19 parcels. (Bond Issue 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11.a. FIRST READING ORDINANCE Declaring each of the four City -owned properties listed and described in the attached Exhibit "C" as surplus property, three which are narrow in shape and not suitable for building, one that lacks paved access to and from public roads, and all of which are small in area. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 11.b. FIRST READING ORDINANCE Authorizing the sale of each of the four surplus properties listed and described in the attached Exhibit "C" to (1) abutting landowners in the same subdivision, or (2) abutting property owners in proportion to their abutting ownership; and authorizing the City Manager or his designee to execute the deeds and any related documents necessary to complete the sales and convey the properties. Minutes — Regular Council Meeting April 27, 2010 — Page 4 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. ORDINANCE NO. 028582 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 Nina; and providing for publication. (First Reading — 3/30/10) 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, Mayor Adame opened discussion on Item 8 regarding the looping of water lines to eliminate dead ends. Council Member Martinez asked questions regarding the percentage dead end waterlines that are greater than six (6) inches; the prioritization of dead end waterlines; the timeframe to complete the project; and the reason for an indefinite delivery indefinite quantity construction contract. Director of Engineering Services Pete Anaya stated that he did not have information on the percentage of dead end waterlines that were greater than six (6) inches and would provide a memo to the Council. Mr. Anaya explained that the lines will be prioritized by the larger areas that pose the greatest issues regarding water quality. Mr. Anaya provided an explanation of the indefinite delivery indefinite quality construction contract format and stated that this process would provide greater flexibility in executing the contract and expedites construction. City Secretary Chapa polled the Council for their votes as follows: 8. MOTION NO. 2010 -091 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction Co., Inc. of Corpus Christi, Texas for an amount not to exceed $600,000 for Looping of Water Lines to Eliminate Dead Ends Project. (Water CIP FY 2010) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * ** Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 13. 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. 14. 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 250 District Court, Travis County, with possible discussion and action in open session. 15. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; Cause No. 13 -08- 00700 -CV; in the Thirteenth Court of Appeals, Corpus Christi /Edinburg, Texas with possible discussion and action in open session. Minutes — Regular Council Meeting April 27, 2010 — Page 5 16. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; Cause No. 13- 09- 00669 -CV; in the Thirteenth Court of Appeals, Corpus Christi /Edindurg Texas with possible discussion and action in open session. 17. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; Cause No. 09- 61260 -4; in the County Court at Law No. 4, Nueces County, Texas, with possible discussion and action in open session. 18. Executive Session under Texas Government Code Section 551.071 regarding David Torres vs. City of Corpus Christi; EEOC No. 36B- 2009 -0015; with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame advised the public that the executive sessions held regarding the American G.I. Forum and the Friends of the Coliseum were informational only and that no action was taken or will be taken in open session. The following motion regarding Items 15 -18 was passed with the following vote: 15 —18. MOTION NO. 2010 -094 Motion authorizing the City Manager to employ the law firm of McKibben, Woolsey & Villarreal, L.L.P., to provide legal representation in Cause No. 13 -08- 00700 -CV David Torres vs. City of Corpus Christi; Cause No. 13 -09- 00669 -CV David Torres vs. City of Corpus Christi; Cause No. 09- 61260 -4 David Torres vs. City of Corpus Christi; and EEOC No. 36B- 2009 -0015 David Torres vs. City of Corpus Christi; at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. * * * * * * * * * * * * * Mayor Adame referred to Item 25 regarding an update from the Parks and Recreation Advisory Committee. Interim Director of Parks and Recreation Stacie Talbert introduced Park and Recreation Advisory Committee members Rita Padron, Huxley Smith, Ron Woods, and Carlos Haney. Mr. Haney referred to a powerpoint presentation including the health issues in the community; the benefits of Parks and Recreation; the economic impact and tourism impact to the community; volunteer events and programs; summer youth program for low income families; and budgetary issues. Mr. Haney stated that the Park and Recreation Advisory Committee requests the restoration of funding for the summer youth programs in the amount of $121,000. Council Member Marez thanked the committee members for their commitment to the community. Mr. Marez encouraged volunteerism and spoke regarding the Playful City USA program and the budget cuts to the summer youth program. Council Member Leal asked what the alternative is to the summer youth programs. Mr. Haney explained that children can attend the latchkey program, however the elimination of the summer youth program affects mainly low income families that can not afford latchkey. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 20 regarding the Nueces County Water Control and Improvement District #4 (District). Assistant City Manager Oscar Martinez explained that the City and the District have been in negotiations regarding the District's water rates. Mr. Martinez -5- Minutes — Regular Council Meeting April 27, 2010 — Page 6 provided a brief overview of the revisions to the contract and presented an amended copy of the contract with changes requested by the District. Mr. Martinez introduced District representatives Mark Young and Charlie Zahn. Mr. Zahn thanked Mr. Martinez and First Assistant City Attorney Jay Reining for their assistance with the contract. Mr. Zahn stated that the District and the City have developed a relationship that will be beneficial for all users of water services on Mustang Island in the future. Mr. Chesney made a motion to amend the ordinance to incorporation the changes to the contract. The motion was seconded by Mr. Chesney and passed. The foregoing motion was passed and approved with the foregoing vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 028583 Ordinance authorizing the City Manager to execute a revised treated water supply contract between the City of Corpus Christi and Nueces County Water Control and Improvement District # 4; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 21 regarding Packery Channel Monitoring. Director of Engineering Services Pete Anaya introduced Deidre Williams with the Division of Nearshore Research, Conrad Blucher Institute for Surveying and Science, Texas A & M University — Corpus Christi. Ms. Williams referred to a powerpoint presentation including a brief history of Packery Channel; the reasons for monitoring Packery Channel; the results from the data collection; seasonal changes; shoreline position change; the Mollie Beattie Coastal Habitat Community; a summary of Packery Channel facts; and the successes at Packery Channel. The following topics pertaining to this item were discussed: the region of scour; the difference between the erosion near Whitecap; changes at Packery Channel County park; the depth of the channel; whether dredging is suggested at this time; when to re- evaluate the financial model regarding dredging; and the amount of money spent on repairs to the jetty after Hurricane Ike. Council Member Adler requested that Ms. Williams make a presentation on Packery Channel to the Island Strategic Action Committee. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21.a. ORDINANCE NO. 028584 Ordinance appropriating $325,517 of the Unappropriated Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for Packery Channel Monitoring for 2010 -2011; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase appropriations by $325,517. Minutes — Regular Council Meeting April 27, 2010 — Page 7 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 . 21.b. MOTION NO. 2010 -095 Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the contract between the City and Texas A &M University — Corpus Christi (Division of Nearshore Research) in the amount of $325,517 for a restated not to exceed amount fee of $929,639 for Packery Channel Quarterly Monitoring for 2010 -2011. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 19 regarding the consideration of a Charter Amendment Election. City Secretary Chapa stated that the Council requested that staff bring back this item for consideration and invite the Charter Review Committee members. Mr. Chapa introduced Charter Review Committee members including Chairman Bob White, Bill Kopecky, John Bell and Mary Kay Fant. Mr. Chapa reported that the Charter Review Committee listed five (5) propositions and two (2) recommendations for consideration. Mr. White provided a background of the Charter Review Committee meetings and the five (5) propositions as follows: 1) updating the petition requirements for initiative and referendum and recall elections to comply with State law and make them consistent; 2) increasing the salary of city council members to $12,500 per year and of the Mayor to $18,750 per year and allowing the Mayor and other members of the City Council or their families who are eligible to participate in any health and dental plans offered to city employees if they pay 100% of the premiums for such plans; 3) changing the term limits on the Mayor and Council members to cumulative lifetime maximum limit and disallowing a person to become eligible for election to a new term limit after not serving one full term; 4) addition a position of City Auditor who shall be appointed by the City Council; and 5) clarifying the provisions concerning leases, franchise and use privilege agreements to include authorization to enter into license agreements when a lease or franchise is not applicable and allow multi -year agreements no longer than five years. City Secretary Chapa stated that state legislation has set a deadline of December 31, 2010 for cities who decide to move their elections to the November election date. Mr. Chapa explained that currently the Charter restricts making this change and if the council is interest in moving to the November date, an election would have to be held this November to amend the Charter. Mr. Chapa added that if there is no interest to move the election to November, the Charter Amendment Election could be held in May during the regular Council elections. The following topics pertaining to this item were discussed: clarification of the petition requirements; whether a decision of the Council to support placing an item on a future ballot for changing the election date to November would comply with the deadline by the Texas Legislature; issues with the lifetime maximum on term limits; consideration to increase staff designated for Council; reasons for considering the November election date; consideration of a "cooling off' period after term limits have been met; the internal auditor position and cost for this position; the Municipal Court Committee's recommendation for an amendment to clarify the process for removal of Municipal Court Judges; the salary increase for council members; separating the health insurance issue on Proposition 2; the comparison of costs associated with holding an election in November in odd or even years and May and the percentage of voter turnout; concern with voter fatigue, partisanship campaigns, and cost of campaigns associated with a November even year election —7— Minutes — Regular Council Meeting April 27, 2010 — Page 8 date; changing the fiscal year; changing the wording in Proposition 3 from "shall" to "may "; the total number of races held in a November even year; the reason the city auditor position was originally eliminated; and the survey of Texas cities moving the election of officers to the November Uniform date. Council Member Chesney directed staff to provide a financial analysis of the costs associated with an election held in May versus November and the percentage of voter turnout for the Corpus Christi Independent School District (CCISD) and Del Mar College during the November even year election date. Mayor Adame called for comments from the audience. Mary Ann Kelley, 4302 Schanen, spoke regarding the health insurance for council members; voting for the City Attorney position; and in support of a City Auditor position. Huxley Smith, 1930 Thames, spoke in support of a November election. Wilson Wakefield, 6026 Killarmet, stated that the City Council members should be permanent full -time positions and spoke in support of a City Auditor. City Secretary Chapa called for the vote on Proposition 1 regarding petition requirements and was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa called for the vote on Proposition 2 regarding the council compensation. A brief discussion ensued regarding separating the health insurance issue from the council salary issue. Ms. Martinez made a motion to vote on Proposition 2 regarding salary increase for the Mayor and Council as recommended by the Committee. The motion was seconded by Mr. Chesney. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adler voting "Aye "; Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "No ". City Secretary Chapa called for the vote on Proposition 3 regarding term limits for council members. Mr. Chesney made a motion to amend to not accept Proposition 3 as recommended by the Committee and amend the language to include a "waiting" period of six (6) years after term limits have been met. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye "; Scott voting "No ". City Secretary Chapa then polled the Council for their vote on Proposition 3 as amended by Mr. Chesney. The foregoing motion was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, and Martinez, voting "Aye "; Leal and Scott voting "No ". City Secretary Chapa called for the vote on Proposition 4 regarding the position of City Auditor. Mr. Scott made a motion to change the language from "shall" to "may ". The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Adame, Marez and Scott, voting "Aye "; Adler, Chesney, Elizondo, Kieschnick, Leal, and Martinez, voting "No ". Minutes — Regular Council Meeting April 27, 2010 — Page 9 City Secretary Chapa polled the Council fcr their vote on Proposition 4 as recommended by the Committee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting '`Aye "; Scott voting "No ". City Secretary Chapa called for the vote on Proposition 5 regarding leases, franchises and use privilege agreements. Proposition 5 was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mr. Marez made a motion to support a proposition to authorize the removal of Municipal Court Judges to be reviewed by the Municipal Court Committee prior to submission to the full council. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa asked the Council whether there was interest in considering the November election date at the time. Mr. Chesney made a motion to delay the vote on this item to allow staff to provide the information he requested to the Council. The motion was seconded by Mr. Marez. A brief discussion ensued regarding the cost of the election in November versus May and the number of voter turnout for CCISD and Del Mar during a November even election date. Mr. Chesney withdrew his motion. Mr. Chesney made a motion to move the election date to November. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Chesney, Elizondo, Leal, and Marez, voting "Aye "; Adame, Adler, Kieschnick, Martinez, and Scott, voting "No ". Mr. Chapa stated that based on the direction provided by Council, staff will plan on holding a Charter Amendment Election during the May 2011 city council elections. In response to Council Member Marez, Mr. Chapa explained that the Council will have the option to add or delete additional charter amendments prior to calling the election including a possible item regarding board and committee appointments 30 days before and during the election period. * * * * * * * * * * * ** Mayor Adame called for petitions from the audience. Bill and Marjorie Walraven, 4609 Wilma, presented the Council with books that were purchased by a local citizen. Ms. Walraven stated that the book is a collection of columns written by Mr. Walraven about veterans, especially from World War II. Wilson Wakefield, 6026 Killarmet, spoke in opposition to the Las Brisas plant. Jeff Fonseca, 1822 Kern, spoke regarding the City's total outstanding principal debt and the budget. Foster Edwards, CEO /President of the Corpus Christi Chamber of Commerce, spoke regarding the CC to DC trip; the "Burgers by the Bay" event on May 7th; and the Wallace Bajjalli project in Waco, Texas. Robert McCleary spoke regarding the Council's vote to demolish the Memorial Coliseum. Mary Ann Kelly, 4302 Schanen, asked the Council to allow the voters to vote on a statue of Christ in -9- Minutes — Regular Council Meeting April 27, 2010 — Page 10 Corpus Christi. Joan Veith, 5701 Cain Drive, thanked the staff for addressing a street light issue on her street. Ms. Veith applauded City Secretary Chapa for the city always running a good election and recommended cutting spending by reducing the number of election workers at polling places. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 22 regarding the Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation. Interim Director of Financial Services Constance Sanchez explained that this item is a request for the approval to publish a notification of intention to sell certificates of obligation for the quick turnaround facility on May 2nd and May 9th. Ms. Sanchez added that this item also authorizes the appointment of M.E. Allison as financial advisor. Ms. Sanchez stated that staff would provide an item on June 15th for approval of an ordinance authorizing the issuance of the certificates of obligation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22.a. RESOLUTION NO. 028585 Resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010 in an amount up to $5,500,000 for the purpose of financing costs associated with making permanent public improvements to the City's Airport facilities, including the Quick Turnaround Facility; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney was absent. 22.b. MOTION NO. 2010 -096 Motion authorizing the appointment of M. E. Allison & Co., Inc. as financial advisor for the City of Corpus Christi, Texas Combination Tax and Surplus Airport Revenue Certificates of Obligation, Taxable Series 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney was absent. Mayor Adame opened discussion on Item 23 regarding an amendment to the professional services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) for the new Corpus Christi International Airport Consolidated Rental Car Quick Turn Around Facility. Director of Engineering Services Pete Anaya provided a background of the selection of PGAL through a request for proposal process (RP) for a multi -year service agreement. Mr. Anaya stated that 25 amendments have been made to the PGAL contract and added that the City has engaged the services of Jacob Engineering for any projects moving forward. In response to Mr. Kieschnick, Mr. Anaya reported that this contract is for a series of airport project improvements. Council Member Martinez requested that staff provide prior council action as supporting documentation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting April 27, 2010 — Page 11 23. MOTION NO. 2010 -097 Motion authorizing the City Manager or his designee to execute Amendment No. 25 to the professional architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of Dallas, Texas in an amount not to exceed $517,000, for a restated not to exceed total fee of $3,927,771.10 for design, bid, and construction phase services for a new Corpus Christi International Airport Consolidated Rental Car Quick Turnaround Facility (QTA). The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Elizondo and Marez were absent. Mayor Adame opened discussion on Item 24 regarding the Yorktown Boulevard Improvements action plan. Director of Engineering Services Pete Anaya stated that in response to Council direction, staff has prepared an action plan to extend improvement to Yorktown Boulevard. Mr. Anaya presented the action plan as follows: 1) preparation of a Professional Services Agreement for the completion of the design of Yorktown Boulevard from Cimarron to Rodd Field Road; 2) extension of construction improvements to Yorktown Boulevard from Cimarron Boulevard to the entrance of Bill Witt Park, established as a highest priority construction project; and 3) preparation of recommendations for Council approval to continue the construction improvements to Yorktown Boulevard from the entrance of Bill Witt Park to Rodd Field Road. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 028588 Resolution regarding the Yorktown Boulevard Extension action plan to extend street improvements from Cimarron Boulevard to Rodd Field Road, to include use of excess Bond 2008 funds, and preparation, for City Council approval, of a Professional Services Consultant Agreement to provide for design services. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 4:37 p.m. on April 27, 2010. * * * * * * * * * * * ** a. ADVISORY COMMITTEE ON COMMUNITY PRIDE — One (1) vacancy with term to 8- 25 -10. (4ppointed by the Mayor with approval of the Council) (Since the term ends on 8- 25 -10, it is recommended that the appointment be for a new two-year term ending 8- 25 -12.) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two -year terms. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio without vote. ORIGINAL MEMBERS TERM APPTD. DATE Stacy Richards 8 -25 -10 8 -25 -09 Monica McLeod Sawyer 8 -25 -11 8 -25 -09 Ryan Ridlehuber 8 -25 -10 8 -25 -09 C. Michelle Peters 8 -25 -11 8 -25 -09 ** *James Chrobocinski 8 -25 -10 8 -25 -09 Mark Minutaglio 8 -25 -11 8 -25 -09 Philip John Ramirez, A.I.A. 8 -25 -10 8 -25 -09 J. Kyle Davidson 8 -25 -11 8 -25 -09 Ryan R. Griffith 8 -25 -10 8 -25 -09 Elisa Macias 8 -25 -11 4 -27 -10 Will Douglas 8 -25 -11 8 -25 -09 Director of Public Information Ex- Officio, Nonvoting Director of Neighborhood Services Ex- Officio, Nonvoting (The Advisory Committee on Community Pride is recommending the new appointment of either Christina Hernandez or Brandon Cunningham.) 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 —15— Oscar Carmona Bob Copes Gary Brandon Cunningham Daniel Hall Austin Harbin Christina Hernandez Marketing Manager, Xerox Document Solutions Agency. Received BA in Human Resource Management from Texas A &M University- Corpus Christi. Currently Enrolled at Whitefield Theological Seminary. Graduate of Corpus Christi Leadership Class 36. Activities include: South Texas Childrens Home Ministry, Teen Challenge and City Church Corpus Christi. (1/20/10) Sole Proprietor, Copes Communications Consulting. Received a Bachelor of Science Degree in Chemical Engineering. Recipient of 2006 ARC Awards Silver Winner, League of American Communication Professionals 2007 Vision Platinum Award and 2008 ARC Awards Bronze Winner. (12/14/09) Project Analyst III, BAE Systems. Received BS in Business Administration from Texas A &M University- Corpus Christi. Activities include: Men's Ministry — Bay Area Fellowship. (1/27/10) Self - Employed, Speaker and Writer. Received a Bachelor of Science in Nursing and a Juris Doctorate. Activities include: Board of Directors for the south Texas Family Planning and Health Corporation. (2/5/10) 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) Assistant Director of Education, Planned Parenthood of South Texas. Received BS in Criminal Justice and MS in Counseling from Texas A &M University - Corpus Christi. Activities include: YWCA, Youth Continuum of Care Coalition, Corpus Christi community Resource Council, and Corpus Christi Under 40. Recipient of Texas Youth Commission Individual Award Winner 2009 and Corpus Christi Under 40 Recipient 2008. Graduate of Leadership Corpus Christi 2009. (1/26/10) Bennel Jackson Semi - Retired, Nurse. Activities include: Pilgrims Baptist Missionary Church. (3/10/10) Sally Ann Lewis Educational Technology Consultant, Pearson. Received an Associates Degree in Psychology from Del Mar College. Received a Bachelor's 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) —16 - Judy Loverde Daniel R. Lucio Christie Martinez Monica Pena -Moore Veronica Perez Tony Reyes Virginia Rodriguez Retired. Attended Del Mar College. Activities include: ASSET Program of AmeriCorps, Financial Literacy Navigator, Social Security Administration Representative Payee, Art Center of Corpus Christi. National Secretaries Association. and Texas Democratic Women. (8/24/09) Program Coordinator, Coastal Bend Bays Foundation. Received BA in Psychology from University of Texas at Brownsville and Currently Enrolled in MPA Program at Texas A &M University - Corpus Christi. Activities include: Hispanics for the Advancement of Community and Educational Readiness, STAND- Texas A &M University- Corpus Christi, Career Explorers Program, City of Corpus Christi Economic Stimulus Project, Clean Economy Coalition Surfrider Foundation and Delta Chi. (2/9/10) OWP -Clerk IV, State of Texas Health and Human Services Commission. Received a Bachelors in Finance from Texas A &M University - Corpus Christi. Activities include: HHSC Volunteer Committee -Flynn Parkway. (4/8/10) Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, National Multiple Sclerosis Society, and American Cancer Society -Relay for Life. (12/1/08) Volunteer/Event Coordinator, Volunteer Center of the Coastal Bend. Received an AA in Journalism and Pursuing a BA in Cross Cultural Studies. Activities Include: Brown Bag Challenge, Journey to Damascus, Walk to Emmaus, Kairos Outside, Rachel's Vineyard, YWCA Board, World Vision Sponsor and Operation Paintbrush. (2/3/10) Self- Employed, Founder Mission_ 911. Attended Del Mar College. Activities include: Amistad, Community of Shalom, Mission 911, and FYLIP. (1/26/10) Communications Intern, Corpus Christi Chamber of Commerce. Currently Attending College at Texas A &M University - Corpus Christi. Activities include: Student Academic Advisor for Transition Center, Intern for United States Congressman Solomon P. Ortiz, Communication Intern for Chamber of Commerce, Hispanics for the Advancement of Community and Educational Readiness, K.E.Y.S. Walk, Texas Democratic Women, and Bold Future. (2/3/10) 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) Britni Summers -Brown Sales and Marketing Coordinator, Cricket Communications. Received BA from Texas A &M University - Corpus Christi. Activities include: Rebuilding America, National Rebuilding Day, and TAMU -CC Alumni Association. (1/12/09) b. CIVIL SERVICE BOARD /COMMISSION — One (1) vacancy with term to 6- 15 -11. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board. Traditionally, the same member serves on the Board and Commission.) DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three -year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. ORIGINAL MEMBERS TERMS A PPTD. DATE Susanne Bonilla 6 -15 -12 5 -26 -09 *John Silvas, Chair 6 -15 -11 3 -08 -05 Eileen Butler 6 -15 -10 7 -11 -06 *John Silvas failed to submit his Ethics Report timely. He submitted his report on Monday, May 3'd Per the Ethics Ordinance failure to submit a timely report constitutes an automatic termination. Mr. Silvas wishes to be reinstated. (Note: City Manager Angel R. Escobar is recommending the reinstatement of John Silvas to the Civil Service Commission.) c. COMMISSION ON CHILDREN AND YOUTH — Eight (8) vacancies with terms to 5- 1-11, 5 -1 -12 and 5 -1 -13 representing the following categories: 3 — At Large, 1 — Social Service, 1- Religion, 1- Education, 1- Youth Representative and 1— Sheriff's Office. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community -based organizations. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) ORIGINAL MEMBERS TERMS APPTD. DATES Debbie Espinosa (Health) 5 -01 -12 8 -12 -08 ** *Miles Toren (At Large) 5 -01 -12 9 -20 -05 * * ** *Amanda Stukenberg (At Large) 5 -01 -10 6 -08 -04 ** *Rosa M. Gonzalez (Social Services) 5 -01 -11 5 -13 -08 *Robert Mirabal, Jr. (Religion) 5 -01 -10 5 -13 -08 Laura Spear Smith (Business) 5 -01 -11 5 -17 -05 Guy Nickelson (Youth Services) 5 -01 -12 11 -08 -05 ** *Mary Jane Garza (Education), Chair 5 -01 -10 6 -13 -06 ** *Lorenzo Knowles (At Large) 5 -01 -11 8 -12 -08 Isaac Valencia (Law Enforcement) 5 -01 -11 5 -13 -08 Fran Willms (Legal) 5 -01 -12 9 -25 -07 * * * *Chandace Tryon (Youth Rep.) 5 -01 -10 10 -14 -08 Rita Morales (D.A.'s Office), Vice -Chair 5 -01 -12 9 -12 -06 *Lt. Tara Rene Martin (Sheriff's Office) 5 -01 -10 10 -13 -09 Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95 (The Commission on Children and Youth is recommending the new appointments of Charles Imbergamo (At Large), Delia Oliveira (At Large), Dee Lewis (At Large), Susie Crowson (Education), Corrine Kelly (Youth Representative), and Betty Trigo (Social Services). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Lt. Tara Rene Martin (Shf's Off) 6 Robert Mirabal, Jr. (Religion) 11 NO. PRESENT 3(3exc) 9(lexc) OTHER INDIVIDUALS EXPRESSING INTEREST % OF ATTENDANCE LAST TERM YEAR 50% 82% Kristin Aldrighetti Currently Attending College. Received BBA in Marketing from The University of Texas at San Antonio and MS in Secondary Education from Texas A &M University - Corpus Christi. Activities include: Co- Sponsor for Future Business Professionals of America and Sponsor for Helping Hands Youth Community Service Organization. Recipient of CPS Volunteer Award. (At Large) (10 -5 -09) Angelica Carmona Ariana Cordero Susie Crowson Elisha R. Dickerson III Salon Manager, Planet Sol Hair Salon. Attended Texas &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (At Large) (6 -5 -09) Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (Youth) (10 -3 -08) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (Education or At Large) (4- 29 -09) Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (At Large) (5 -5 -09) Jeff Fonseca Owner, Green Tree Lawn Care. (At Large) (7- 31 -09) Dr. Ridge Hammons Executive Director, Hammons Education Leadership Programs, Inc. (HELP). Received PhD in Educational Psychology, Masters in Educational Administration, and Bachelors in Music and Psychology. Activities include: Boy Scouts of America — Executive Board, March of Dimes, KEYS Walk Christian Men's Business Association, Beautify Corpus Christi FYLIP Southside Business Association and Habitat for Humanity. Graduate of Austin Harbin Ida Alvarado Hobbs William Paul Hunt Charles Imbergamo Bennel Jackson Jacey Jetton Corinne Kelley Danny Kollaja Leadership Corpus Christi XXXV. Recipient of Make a Difference Day National Award, "Extra Miler" Award from Boy Scouts, and Junior League Community Volunteer Award. (Education or At Large) (3- 19 -10) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (Youth)(3- 22 -10) Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (At Large) (4- 22 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (At Large) (6 -4 -09) Administration, Incarnate Word Academy. Received Bachelor of Arts in Spanish, Secondary Education from Saint Joseph's College, New York and master of Arts in Educational Leadership from Saint Mary's University, San Antonio, Texas. Attended Marist Brothers of the Schools, New York. (Education or At Large) (10 -1 -09) Semi - Retired, Nurse. Activities include: Pilgrims Baptist Missionary Church. (At Large) (3- 10 -10) Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (At Large) (5- 18 -09) Senior, W.B. Ray High School. Activities include: Abstinence Club, Botany Club, Cross County and Christian Club. Recipient of Caller Times Distinguished Scholar in Communications and AP College Board Scholar. A -B Honor Roll and Top 10% of the Class of 2010. (Youth) (10 -9 -09) Self- Employed, Lanky the Clown and Administrator, St. Philip the Apostle Catholic Church. Received a Bachelors Degree from Corpus Christi State University. Activities include: Big Brothers/Big Sisters, American Red Cross, American Heart Association, Corpus Christi State School, Clowns of America International, Inc. and Driscoll Children's Hospital. Recipient of Volunteer of the Year, 1985. (ReligiLrnr_it Large) (4- 22 -10) Judith Labeck Dee Lewis Sally Ann Lewis Christie Martinez Joel S. Mumphord Gerard Navarro, Jr. Delia Dolores Oliveira Received B.A. from Seattle University, Seattle, Washington, Master of Social Work (MSW) and Master of Healthcare Administration from University of Minnesota, Minneapolis Minnesota. Activities include: Former Member of City of Plymouth Minnesota Human Rights Commission. (Social Services or At Large) (4- 20 -09) Director of Operations, Superior HealthPlan. Received BSW and MBA. (At Large) (1- 11 -10) Educational Technology Consultant, Pearson. Received an Associates Degree in Psychology from Del Mar College. Received a Bachelor's 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. (Education or At Large) (2- 22 -10) OWP -Clerk IV, State of Texas Health and Human Services Commission. Received a Bachelors in Finance from Texas A &M University - Corpus Christi. Activities include: HHSC Volunteer Committee -Flynn Parkway. (At Large) (4 -8 -10) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (At Large) (5- 21 -09) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (Education or At Large) (5- 14 -09) Court Reporting Instructor, Del Mar College. Received AAS in Court Reporting from Del Mar College and BS in Occupational Training and Development from Texas A &M University - Corpus Christi. Activities include: Coastal Bend Court Reporters Association, Texas Court Reporters Association and National Court Reporters Association. (Education or At Large) (7- 22 -09) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (At Large) (10 -6 -09) -23- Michael O. San Miguel Amber Sayre Gloria Sykes - Saucedo Betty Trigo Felix Zavala, Jr. Janet Zuniga Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (At Large) (10 -6 -09) Currently Attends Del Mar College, Registered Nurse Program. (At Large) (10 -6 -09) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. (At Large) (1- 14 -10) Coordinator, Corpus Christi Independent School District. Licensed Social Worker. Received Bachelors Degree in Criminal Justice and Masters Degree in Counseling. School Administrator Certification. Activities include: Principals Association, South Texas Social Workers, Westside Business Association, and Nueces County Community Action Advisory Committee. (Education, Social Services or At Large) (9- 10 -09) Pastor, El Shaddai Church. Activities include: Prayer Meetings. (Religion or At Large)(8- 10 -09) Senior, West Oso High School. Activities include: Student Council and Interact Club. (Youth) (5- 29 -09) d. SISTER CITY COMMITTEE — Two (2) vacancies with terms to 9 -1 -10 and 9 -1 -12. (Since the term ends on 9 -1 -10, it is recommended that the appointment be for a new three-year term ending 9- 1 -13.) DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2- 152. The Chairman and each vice- chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice- chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9 -12 9 -11 -07 Mary Babbili 9 -12 5 -26 -09 Randy Farrar 9 -10 6 -11 -02 Donald Russell 9 -10 10 -13 -09 John Rocha 9 -11 9 -23 -08 ** *Dora Hidalgo 9 -10 9 -23 -08 Rose Gunji 9 -11 11 -08 -05 Jorge Brenner 9 -11 9 -23 -08 Phyllis Roseman 9 -11 3 -11 -08 Elizabeth Garza 9 -10 5 -26 -09 Michele Hammock 9 -10 1 -13 -09 Westi Horn 9 -10 6 -15 -04 Maria Jaramillo 9 -11 9 -23 -08 Almira Flores 9 -10 9 -12 -06 Tim Dowling 9 -10 7 -10 -07 Samantha Sandate 9 -10 10 -13 -09 Yoshiko Boulan 9 -11 10 -13 -09 Drue Combs 9 -12 9 -12 -06 Kate Rodriguez 9 -12 5 -26 -09 ** *Melody Cooper 9 -12 5 -26 -09 Alan Thornburg 9 -12 10 -13 -09 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -25- (The Sister City Committee is recommending the new appointments of Christine Kailas and Gloria Sykes - Saucedo.) INDIVIDUALS EXPRESSING INTEREST Mona Baen President. Stewart Title. Activities include: Executive Women's International, Rotary Club, and CCAR. (5 -13- 09) Renai Baker Formerly worked for Visitor Center. Received a B.S. in Education. Activities include: Volunteer Guide at Texas State Aquarium and Heritage Park. (12 -8 -08) Rick Barrera General Manager, HomeField Outdoor Living. Attended College. Activities include: Associate Pastor at His Church, Social Media Club of Corpus Christi, and Volunteer at Corpus Christi Metro Ministries. Currently working on Master's Degree at Corpus Christi Theological Seminary. (8- 21 -09) Rodney Buckwalter Angelica Carmona Jeremy Coleman Ariana Cordero Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Salon Manager, Planet Sol Hair Salon. Attended Texas &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Secretary, St. John Baptist Church. Currently attending Del Mar College. Activities include: Nueces County Community Action Agency, Mayor's Advisory Board, Brooks Chapel Early Childhood Center, Youth Council and Foundation of Corpus Christi, Camp Fire U.S.A., N.A.A.C.P., and State of Texas Student Council Association. (1- 25 -09) Graduate, West Oso High School. Former Activities included: National Honor Society, Student Council, and Interact Club. (10 -3 -08) Timothy Scott Craig Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (12 -7 -09) Vincent E. Doyle Melissa Espitia Andrea Foley Timothy Goss Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (4- 17 -09) Ad Sales Coordinator, USDM.net. Attended Texas A &M- Corpus Christi University. Formerly Volunteered with Big Brothers, Big Sisters. (9 -4 -09) Accounting Associate, Stripes /APT. Received Bachelors of Business Adminstration - Accouting. (1 -6 -09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21 -09) Meredith N. Grant Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Chris Kailas Retired, City of Corpus Christi. Former Parks and Recreation Department Special Event Supervisor. Attended Del Mar College. Received BBA from Corpus Christi State University. Activities include: Volunteer Center of Coastal Bend. Recipient of Outstanding Student at Del Mar College. (4 -1 -10) Edward Frank Lewis 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) Christie Martinez OWP -Clerk IV, State of Texas Health and Human Services Commission. Received a Bachelors in Finance from Texas A &M University - Corpus Christi. Activities include: HHSC Volunteer Committee -Flynn Parkway. (4 -8 -10) Maria Elena Mendez Terry Nelson Delia Dolores Oliveira Owner/President, Creating Excellence: Competency, Excellence and Responsibility (C.R.C.E.R.). Received B.S. from Texas A &I University at Kingsville and M.S. from Corpus Christi State University. Activities include: Hispanic Women's Network of Texas, Retired Teachers Association, and National Association for Bilingual Education. Recipient of 2005 Hispanic Women's Network of Texas — Corpus Christi Chapter Estrella for Education. (3- 11 -09) Area Production Services Manager, Exterran. Attended South East Missouri State University. Activities include: Corpus Christi Chapter API. (5 -5 -10) Court Reporting Instructor, Del Mar College. Received AAS in Court Reporting from Del Mar College and BS in Occupational Training and Development from Texas A &M University - Corpus Christi. Activities include: Coastal Bend Court Reporters Association, Texas Court Reporters Association and National Court Reporters Association. (7- 22-09) Mohamad Omar Self- Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (10 -6 -09) Glenn R. Peterson Broker, Realty Exchange Group. Majored in Drafting Design and Architectural Drawing. Recognition from Landmark Commission Regarding Preservation and Restoration of Historical Homes in the City. (4- 28 -10) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) Dr. Judith Martha Prewitt Educator /Tutor, Texas A &M University - Corpus Christi, US Veteran's Administrator, and Texas DARS. Owner, Prewitt Professional Partnership. Received B.A. in Mathematics with Physics and Engineering from Swarthmore College, M.A. in Mathematics from University of Pennsylvania Graduate School of Arts and Sciences, and Ph.D. in Mathematics from Uppsala University, Sweden. Activities include: Society of Sigma Xi Life Member - Secretary of South Texas Chapter. (5- 15 -09) (Currently Serves on the Arts and Cultural Commission, but will resign if appointed to this Committee) _28_ Letisia Rios -Cortez Guadalupe V. Salinas Woodrow Mac Sanders Amber Sayre Linda Sharlow Gloria Sykes - Saucedo Ernest M. Trevino, Jr. Arthur J. Valdez Realtor, Coldwell Banker Pacesetter Steele. Attended College. Activities include: Texas Association of Realtors, Corpus Christi Association of Realtors and Church Ministries. (10- 13 -09) Administrative Assistant, Pathfinder Energy /Smith International. (8- 24 -09) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4- 24 -09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Retired, Regional Sales Manager /School Teacher. Webmaster and Secretary, Ranch Association Edwards County, Texas. Received BA in Industrial Technology and MBA in Marketing. Past Chairman of Architectural Control Committee -Padre Island. Formerly Served on Tolland Education Association/Public Relations Board -State of Connecticut. (3 -1 -10) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with fioster Children. (1- 14 -10) 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) SAH Agent/Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (1- 30-09) Denise S. Villagran Regional Sales Manager, Allstate Workplace Division. Received BBA and MBA from Corpus Christi State University. Activities include: Coastal Bend Association of Health Underwriters and St. Pius X Capital Campaign. (4 -1 -09) 3 Requested Council Action: 5/11/10 Alternate Date: 5/18/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of network hardware for the Public Health District from Calence Insight Networking Solutions, Austin, Texas in accordance with the State of Texas cooperative purchasing program for a total amount of $51,743.60 under the Community Preparedness Section/Public Health Emergency Response (PHER) Focus Area 1, Phase 3 Grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund 9100. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The equipment purchased includes a multiport switch that will replace the existing network connectivity components that are no longer supported by the manufacturer. It is an upgrade to the existing system that will provide for a more reliable and robust system. The network hardware will provide high speed, secure connectivity to City services, and the internet via the City network. The network hardware will enhance services by providing 192 communication lines for computers and IP phones, 24 fax and analog lines for services, such as fire alarms, cooling systems and medical emergency calls. This upgrade will also increase data speed from 1 Gigabit up to 10 Gigabit. The Department of State Health Services (DSHS) entered into a contract with the Public Health District in September of 2009. This award is in compliance with that agreement. The City of Corpus Christi and Nueces County entered into a Memorandum of Understanding (MOU) on September 11, 2008. The agreement was passed by City Council on April 21, 2009. The agreement provides for the City to purchase all equipment for the County. The purchase of the Laboratory Information Management System requires Council approval due to the associated dollar amount. Required Council Action: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in to move forward with the proposed purchase. This award is structured in compliance with the Community Preparedness Section/ Public Health Emergency Response (PHER) Fund Projects Phase III Grant. Funding: Health Grant Fund - 550040 -9100- 00000 - 782600 Michael : arrera Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com $51,743.60 Total: $51,743.60 :1Nf10WV 1V101 W 0 n o 0 v O 0) N N A A oi ° 0) ° O co n co co N . N (p U, (O K N N '6 A 0 Ts 0 N Cisco Catalyst 4500 MDF Switch 192 ports : n co C7 O 0>DO rr cn 0 > z G1 7 mO0c Z < C s U) 0 1 O 0 Z - NOIldI1JOS3O 1 0 0 0 w o w (3) 0) A 0 O) - 0 Co 0 CA o CO w 0) °) W N o 0 0 ° o c z 30Ii:ld lJNfl O r D o -I z m 0 c c0 O5 y z C mD z m0 = W �o = N 0 m° v D m z 4 Requested Council Action: 5/11/10 Alternate Date: 5/18/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of Laboratory Information Management System (LIMS) for the Public Health District from STARLIMS Corporation, Hollywood, Florida in accordance with the State of Texas cooperative purchasing program for a total amount of $163,308.33 under the Local Public Health Preparedness/Public Emergency Response (PHER) — Focus Area II Grant awarded to the Corpus Christi - Nueces County Public Health District and available in the Health Grant Fund 9100. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The Laboratory Information Management System (LIMS) being purchased will automate enhance and streamline the data reported from the Public Health District Laboratory's clinical, environmental, and Public Health Preparedness sections. It includes the licensing to use the software, support and training for full implementation. The Department of State Health Services (DSHS) entered into a contract with the Public Health District in September of 2009. This award is in compliance with that agreement. The City of Corpus Christi and Nueces County entered into a Memorandum of Understanding (MOU) on September 11, 2008. The agreement was passed by City Council on April 21, 2009. The agreement provides for the City to purchase all equipment for the County. The purchase of the Laboratory Information Management System requires Council approval due to the associated dollar amount. Required Council Action: In order that the City comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. This award is structured in compliance with the Local Public Health Preparedness/Public Health Emergency Response (PHER) Focus Area II. Funding: Health Grant Fund - 550040- 9100- 00000 - 782600 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb@cctexas.com $163,308.33 Total: $163,308.33 =1Nf1OINV 1V101 NOIldI 3S3a -k 0 � c 2 -4 k 0 CO EA C) 7 R \ La b 33I2id lINfl a 0 > r > _ 0 ƒ\ 0 > o r t 2 c = m O �/ /z < 0 >> k w zO z >. _ m/ -1/ _ _ a m 1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/11/2010 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $165,840 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area; and declaring an emergency. ISSUE: The Office of National Drug Control Policy provides funding each year for the City to participate in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative (HIDTA). REQUIRED COUNCIL ACTION: Accepting the grant awards and appropriating the funds. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant awards and appropriating the funds. D. Troy Riggs Chief of Police troyr @cctexa s. co m 886 -2603 Attachments: Grant award documents BACKGROUND INFORMATION The Corpus Christi Police Department is in the 14th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for 43 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service,-U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2010 — 12/31/2010. There are no matching funds required. ORDINANCE APPROPRIATING $165,840 IN THE NO. 1061 POLICE GRANTS FUND FROM THE EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF NATIONAL DRUG CONTROL POLICY TO SUPPORT THE POLICE DEPARTMENT'S ROLE IN THE TEXAS COASTAL CORRIDOR INITIATIVE IN THE HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $165,840 is appropriated in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of May, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: April 28, 2010 T isha Dang Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 11, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $8,501.09 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. B. Ordinance appropriating $8,501.09 from the Coastal Bend Regional Advisory Council into the 1056 ambulance grant fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department; and declaring an emergency. ISSUE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a check as a grant in the amount of $8,501.09. This is a direct grant for the benefit of the City's EMS operations. No application was required. EMS will purchase two replacement ambulance stretchers, six mass casualty response tents and three replacement pulse oximeters which measure the amount of oxygen a patient's blood is absorbing. REQUIRED COUNCIL ACTION: Council's adoption of the resolution and ordinance is necessary to permit utilization of these funds. PREVIOUS COUNCIL ACTION: The Council has previously approved six similar grants. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Richard" Hooks Fire Chief RLH @cctexas.com (361) 826 -3932 Attachments: 1. Copy of Resolution 2. Copy of Ordinance BACKGROUND INFORMATION This is the tenth year that the RAC has distributed similar grants. Every EMS agency within the twelve county Coastal Bend area, who is actively participating in the RAC, is receiving funding based upon the number of trauma responses they make. The funds originate from the Texas Department of State Health Services and are routed to the RAC. RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL IN THE AMOUNT OF $8,501.09 TO BE USED FOR THE PURCHASE OF EQUIPMENT, SUPPLIES, AND SERVICES TO SUPPORT THE DELIVERY OF EMERGENCY MEDICAL SERVICES FOR THE CORPUS CHRISTI FIRE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to accept a grant from the coastal bend regional advisory council in the amount of $9,710.29 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Coastal Bend Regional Advisory Council. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: April 14, 2010 By: T. `Crisha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor 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 Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING $8,501.09 FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL INTO THE 1056 AMBULANCE GRANT FUND TO PURCHASE EQUIPMENT, SUPPLIES, AND SERVICES TO SUPPORT THE DELIVERY OF EMERGENCY MEDICAL SERVICES FOR THE CORPUS CHRISTI FIRE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,501.09 is appropriated from the Coastal Bend Regional Advisory Council into the 1056 ambulance grant fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of May, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form April 14, 2010 T. Trisha Dang Assistant City Attorney For City Attorney 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 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 11, 2010 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). B: Ordinance appropriating a $56,793 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide enhanced funding to continue Retired and Senior Volunteer Program (RSVP). The fund authorization will before the period April 1, 2010 through March 31, 2011. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund RSVP from April 1, 2010 through March 31, 2011. PREVIOUS COUNCIL ACTION: On June 23, 2009, the City Council accepted and appropriated Federal funds in the amount of $56,793 from the Corporation for National and Community Service. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $56,793 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Stacie Talbert, Interim Director Parks and Recreation Department staciet@cctecxas.com 361 - 826 -3476 Attachments: Background Information Notice of Grant Award BACKGROUND INFORMATION Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. Volunteers serve in various capacities such as food service, assisting victims of crime, tour guides, friendly visits at nursing facilities, administrative duties, maintenance and grounds keepers, GED programs, tutoring, sewing blankets and stuffed animals for children, fundraising, and in many others areas as needed. During the last grant period (April 1, 2009 -March 31, 2010), 33 new volunteers enrolled in the program. During the fiscal year 2008 -2009, 835 enrolled volunteers contributed 123,297 service hours through 57 different non - profit organizations like the Corpus Christi Literacy Council, KEDTV, South Texas Botanical Gardens, AARP, City of Corpus Christi Senior Centers, Nueces County Senior Centers, Deaf and Hard of Hearing Center, and other community based organizations such as Driscoll Children's Hospital, Christus Spohn Hospitals, Corpus Christi Medical Center, USS Lexington, Better Business Bureau, and Alameda Oaks Nursing Center. RSVP dedicated 27,046 hours of service to City departments including the Police Department's Special Services; Training; Identification; Criminal Investigation; Family Violence and Community Services Divisions. In addition, other City departments served include the Public Library; Corpus Christi International Airport; Museum of Science and History and Parks and Recreation. Parallel to our fiscal year, the grant period April 1, 2008 -March 31, 2009, yielded 129, 962 volunteer service hours to the City of Corpus Christi. Using the federal index of $20.25 per volunteer hour, RSVP Volunteers saved our city $2, 631, 730.00. This award includes a $1,654 administrative cost increase over last year based on additional Fiscal Year 2010 funding provided by the Congress. This action is taken at the convenience of the government to expedite providing increased Fiscal Year 2010 appropriations to programs. In addition to administrative costs, this award includes, but not limited to, allocations for volunteer recognition, travel for State and National Conferences, and salaries and fringe. For this grant period (April 1, 2010 -March 31, 2011) the total budget to effectively run this project is $165,592. The breakdown is as follows: Federal: $56,793; City Match: $108,799; State: $29,987. The Resolution accepting the State portion of this grant and the Ordinance appropriating the funding was approved by City Council on March 23, 2010. Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $56,793 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). 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: , 2010 Lisa Aguilar Assistant City Attorney For City Attorney H: \PR- DIR \SHARED\AGENDA ITEMS \Council Meetings12010 55 .2010\May 11 \RSVP\RSVP RESOLUTION authGrant 2010.doc Page 2 of 2 Corpus Christi, Texas 11th Day of May , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:\PR- DIR\SHAREDAGEIVDA ITEMS \Council Meetings1201O\65y.2010\May 11 \RSVP\RSVP RESOLUTION authGrant 2010.doc Page 1 of 2 ORDINANCE APPROPRIATING A $56,793 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $56,793 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 11th day of May, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: , 2010 Lisa Aguilar Assistant City Attorney For City Attorney H: \PR- DIR \SHARED\AGENDA ITEMS \Council Meetings\2010 15 May 2010\May 11 \RSVP \RSVP ORDINANCE appropGrant -RSVP 2010.doc —5 9— Page 2 of 2 Corpus Christi, Texas _11th Day of May , 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 Leal John Marez Nelda Martinez Mark Scott H: \PR- DIR \SHARED\AGENDA ITEMS\Council Meetings\2010\5 May 2010\May 11 \RSVP \RSVP ORDINANCE appropGrant -RSVP 2010.doc —60— AGENDA MEMORANDUM City Council Action Date: May 11, 2010 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF BISHOP TO PROVIDE FOOD ESTABLISHMENT PERMITTING SERVICES WITHIN BISHOP AND TO COLLECT ALL NECESSARY FEES. ISSUE: An Interlocal Agreement between the City of Bishop and the Corpus Christi - Nueces County Public Health District is proposed. This agreement would allow the Public Health District to issue Food Establishment Permits within the City of Bishop, and would require the Public Health District to perform necessary food establishment inspections. The Public Health District would collect fees for permitting as listed in Attachment A. REQUIRED COUNCIL ACTION: Acceptance of the resolution. PREVIOUS COUNCIL ACTION: None FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution presented. Ann tte Roo riguez, / .H. Director of Public Health annetter@cctexas.com 361- 826 -7205 BACKGROUND INFORMATION The City of Bishop currently operates and permits 14 food service establishments within its city limits. Bishop has negotiated and approved the attached Interlocal Agreement with the input of the Corpus Christi - Nueces County Public Health District. This agreement would allow the Public Health District to issue Food Service permits, and to perform required inspections within the City of Bishop. Existing staff could be used to perform these inspections at minimal cost to the Public Health District. It is estimated that approximately $3,000 in additional revenues would be collected annually through fees collected under this agreement (see Attachment A). This agreement will also require ratification by the Nueces County Commissioner's Court to become effective. EXHIBIT A PERMITS AND FEES The following fee schedule applies to permits issued by the District under this Agreement: Permanent food service or food processing establishments: Having more than fifty (50) employees... $300.00 Having twenty -six (26) through fifty (50) employees... $285.00 Having nineteen (19) through twenty -five (25) employees... $225.00 Having nine (9) through eighteen (18) employees... $170.00 Having four (4) through eight (8) employees... $140.00 Having fewer than four (4) employees... $ 85.00 Retail food stores: $ 85.00 Mobile units: $ 85.00 Frozen desserts: $ 70.00 Temporary food service establishments: $ 35.00 A RESOLUTION AUTHORIZING THE DIRECTOR OF THE CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CITY OF BISHOP TO PROVIDE FOOD ESTABLISHMENT PERMITTING SERVICES WITHIN BISHOP AND TO COLLECT ALL NECESSARY FEES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Director of the Corpus Christi - Nueces County Public Health District is authorized to execute an interlocal cooperation agreement with the city of Bishop, Texas, to provide food establishment permitting services within Bishop and to collect all necessary fees. ATTEST: Armando Chapa City Secretary APPROVED: April 16, 2010 Eliz- : -th R. Hundley Ass ant City Attorney for the City Attorney EHres263.doc —66— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day 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 EHres263.doc INTERLOCAL AGREEMENT FOR FOOD ESTABLISHMENT PERMITTING SERVICES This interlocal cooperation agreement ( "Agreement ") is entered into between the Corpus Christi - Nueces County Public Health District ( "District "), a public health district organized under Chapter 122 of the Texas Health and Safety Code, and the City of Bishop ( "Bishop "), a Texas Type A General Law municipality, pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code. WHEREAS, for the protection of the general public's health, safety, and welfare, Bishop wishes to procure food establishment permitting services from the District; WHEREAS, the District has agreed to provide food establishment permitting services to Bishop; NOW THEREFORE, the parties in consideration of the mutual covenants and conditions contained in this Agreement, agree as follows: Section 1. Term. A. The original term of this Agreement is one year beginning on the latest date of execution by the parties. This Agreement terminates on the one year anniversary of the beginning date of this Agreement ( "Termination Date "). B. This Agreement renews automatically each year without the necessity of further action by the District or Bishop for an additional term of one year ( "Extended Term ") effective immediately upon the Termination Date of the pervious term, unless one of the parties desires to terminate this Agreement. C. If a party desires to terminate this Agreement, the terminating party must provide written notice of the terminating party's intent not to renew to the non - terminating party at least 30 days prior to the then applicable Termination Date. D. Each effective Extended Term will be upon the same terms and conditions as initially provided in this Agreement, unless this Agreement has been amended in accordance with the provisions of this Agreement. Section 2. Obligations of District. A. The District shall inspect permanent food service establishments, retail food stores, mobile food units, and roadside food vendors ( "Food Service Operations ") within the municipal limits of Bishop, at the request of officials of Bishop, for the purposes of issuing an initial Food Service Operation permit, issuing a subsequent renewal of an active permit, and in order to perform random inspections of Food Service Operations. Page 1 of 6 -68- B. The District shall perform random inspections of both permitted and non - permitted Food Service Operations and issue field correction notices to owners and operators found in violation. C. Following the issuance of a field correction notice, any owner or operator of a Food Service Operation that is determined by an inspector to be operating in violation of State law will be reported to officials of Bishop. D. The District shall provide all necessary equipment and personnel in order to perform Food Service Operation permitting services under the terms of this Agreement. Section 3. Obligations of Bishop. A. Bishop shall be responsible for requiring operators of Food Service Operations within its municipal limits to submit an initial application for a food service permit to the Bishop City Hall. B. Upon review of the application by Bishop personnel, Bishop will notify the District so that an initial Food Service Operation inspection can be scheduled and performed. C. Bishop personnel shall be responsible for the prosecution of violations of State law by Food Service Operation owners and operators occurring within the jurisdiction of Bishop. District inspectors will provide Bishop personnel with all necessary documentation that may be needed for the prosecution of violations. D. Bishop will remain responsible for inspection of temporary food service vendors at church, charity, or community fairs and events. Section 4. Inspections; Permits; Fees. A. All inspections will be conducted to determine compliance with the provisions of Chapter 437 of the Texas Health & Safety Code; Title 25, Chapter 229, of the Texas Administrative Code; applicable rules promulgated by the Texas Board of Health under state law; orders adopted by the District; and all other laws, regulations, and rules applicable to the operation of food service establishments in the State of Texas. B. Permit fees charged by the District will be in accordance with the schedule attached to and incorporated in this Agreement as Exhibit A. C. No fee will be charged for a Food Service Operation conducted by a taxing authority, such as a school district, whether local, State, or federal. Page 2 of 6 -69- D. For owners of permanent food service establishments, retail food stores, mobile units, and frozen dessert vendors, the permit will remain valid for a period of one year from the date of issuance. E. For owners of any temporary food service establishments within the District's area of responsibility described in 2 A above the permit will remain valid for a period of 14 days from the date of issuance. F. Permit fees will be collected directly by the District from a food service owner or operator upon successful completion of an initial inspection and upon each subsequent renewal of an owner's active permit. Bishop will have no liability to the District for the permit fees. Bishop will have no responsibility for collecting fees charged by the District, other than as may occur incidentally in connection with the prosecution of violations under Section 3 C. above. Section 5. Notices. A. All notices, demands, requests, or replies provided for or permitted by a party under this Agreement must be in writing and delivered to the other party by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery service. B. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United states Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. C. All such communications must only be made to the following: If to District: Corpus Christi - Nueces County PHD Attn: Director P. 0. Box 9277 Corpus Christi, TX 78469 -9277 (361) 851-7200 If to Bishop: City of Bishop Attn: Director of Public Works P. 0. Box 356 Bishop, TX 78343 (361) 584 -2567 D. Any party may change the address to which notices are sent by one of the methods set out in the subsection A above. A change of address notification must be sent within ten days of the change. Page 3 of 6 Section 6. Compliance with Laws. All parties agree to comply with all applicable City, State, and federal laws, regulations, and rules that may pertain to each party's performance under this Agreement. Section 7. Current Revenues. If any party is obligated to pay for the performance of governmental services pursuant to this Agreement, those payments must be made from current revenues available to the paying party. Section 8. Amendments. This Agreement may be amended only by written agreement signed by the Director of the Corpus Christi - Nueces County Public Health District ( "Director ") or the Director's designee and the Mayor of the City of Bishop or his designee. Section 9. Entirety Clause. This Agreement and any exhibits annexed hereto contain the entire understanding and agreement between the parties, and no oral statements or representations or prior written matter not contained in this Agreement shall have any force and effect. (EXECUTION PAGE AND EXHIBIT A FOLLOW) Page 4 of 6 _71_ Executed in triplicate originals on this the -2-8+ day of _ air CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT Annette Rodriguez Acting Director Approved as to legal form: 5/5//0 Approved as to legal form: E iza•el R. Hundley Assi - t City Attorney for the City Attorney Laura Garza- Jimenez County Attorney CITY OF BISHOP, TEXAS Victor Ramos Mayor TEST: Cynt . Contreras City Sec ary Approved as to legal form: 7/28/09 Gerald L. Benadum City Attorney, City of Bishop Imc: Bishop /Misc:7 /28 /09:AGREEMENT -Food Establishment Permitting Services 8 -4 Page 5 of 6 EXHIBIT A PERMITS AND FEES The following fee schedule applies to permits issued by the District under this Agreement: Permanent food service or food processing establishments: Having more than fifty (50) employees... $300.00 Having twenty -six (26) through fifty (50) employees... $285.00 Having nineteen (19) through twenty -five (25) employees... $225.00 Having nine (9) through eighteen (18) employees... $170.00 Having four (4) through eight (8) employees... $140.00 Having fewer than four (4) employees... $ 85.00 Retail food stores: $ 85.00 Mobile units: $ 85.00 Frozen desserts: $ 70.00 Temporary food service establishments: $ 35.00 Page 6 of 6 —73— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 11, 2010 AGENDA ITEM: Ordinance authorizing the resale of ten (10) properties for $56,000.00 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,094.98 plus $11,289.01 for partial payment of City paving and demolition liens; and declaring an emergency. ISSUE: Properties located in the City of Corpus Christi are periodically foreclosed by Nueces County to collect delinquent taxes. Section 34.05 of the Property Tax Code requires that the governing body of the respective taxing entities approve the resale of these properties. Approval of this Ordinance will authorize the Nueces County Judge to execute a resale deed for the properties. REQUIRED COUNCIL ACTION: Approval of the proposed Ordinance authorizing the resale of the listed properties. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. Constance P. Sanchez Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Attachments Background Information Exhibit A BACKGROUND INFORMATION Properties within the City of Corpus Christi are periodically foreclosed due to nonpayment of ad valorem taxes. The law firm of Linebarger, Goggan, Blair, & Sampson, L.L.P. is proposing the resale of the ten (10) properties at the bid prices listed in Exhibit A. The monies received from this sale will be distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. The total sale price for these properties is $56,000.00. Of this amount, the City of Corpus Christi is expected to receive $7,094.98 from the sale, plus $11,289.01 for partial payment of City paving and demolition liens. Each of these ten properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use, such as for the City's In -Fill neighborhood revitalization program, but none were selected. Therefore, all ten properties will remain on the list for resale. Approval of the resolution will authorize the Nueces County Judge to execute a Resale Deed for the properties listed and the properties, if sold, will be returned to the property tax roll for the upcoming year. la ut '.; > ^�. k`�<d 5 ^S�; " a€ # d5e' <.... .e. -1 5 s sr ,.. .,>��, # a r r, g °,5: e+ �,:«°�• fit: r ;., m ,,;,.�..� City's' �.: �S`3 ! id^t`� '�a '� � 5:.:. �` ..• �NV ) FRb k -\-',..„::0-'0`.,'',.,.,?.?;01,,, � � o- € w( .� � ° � � 4V''''',0;4-•'.5,.,44 �.� .,,f1,7,0,-'77.0.7.1' ri Ay. , ,/gy yyy Pt':' ' # 9. 3 >.3. i °S, . id} l kB /��g,( ',':,,-;,f0",. r �. i' .i:t.: •• H1 2'614 F:Y� 3 b: 8 6 ; <Y „ �Z T # F ! L C.2+ � 4 �.. t' 4 y i� i? t F 6 3 MT. }%3 #.. 1 1 1503 99- 6863 -E McCain Drive 3416- 0008 -0100; Lot 10, Block 8, Highway Village Section 2 $ 2,000.00 $ - $ 1,954.00 2 1558 07- 2214 -E 9122 Scapular 7626 - 0006 -0260; Lot 26 Block 6, San Juan Addition No. 3 1,500.00 - - 3 1585 07- 3897 -H 13148 Oglethorpe 1937 - 0002 -0260; Lot 26, Block 2, Country Estates Unit 10 2751,,,000000000...000000 4,853.16 1,606.98 4 1587 06- 6597 -D 2327 Howard Street 4528 - 0002 -0190; Lot 19, Block 2 Loma Alta Addition 517.94 3,019.65 5 1600 07- 5263 -F 9074 Scapular 7626 - 0006 -0190; Lot 19, Block 6, San Juan Addition No 3 - - 6 1601 04- 6512 -D 4313 Angela Drive 5281- 0006 -0155; Lot 15, Block 6, Molina Subdivision No 2 7,000.00 602.16 2,415.60 7 1604 07- 2834 -H 4217 Nolford Place 5761 - 0005 -0080; Lot 8, Block 5, Nolford Place 1,500.00 14.13 156.44 8 1605 07- 3498 -B 8905 McNorton Road 4983 - 0002 -0050; Lot 5, Block 2, McNorton Subdivision 1,000.00 - - 9 1607 07- 1947 -F 2630 Allencrest Drive 1977 - 0003 -0250; Lot 25, Block 3, Crestmont Subdivision Unit 5,000.00 555.88 1,097.14 10 1614 06-1438-1-1 2202 Talisman Drive 7506 - 0002 -0080; Lot 8, Block 2, Roseland Place 5,000.00 551.71 1,039.20 Total $56,000.00 $7,094.98 $11,289.01 O O O 01 O to to r 0 J to O O O O O O O O O co ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 99- 6863 -E; Nueces County vs. Ronnie Jacobs 3416- 0008 -0100; Lot 10, Block 8, Highway Village Section 2 2614 McCain Dr. - Corpus Christi August 5, 2003 56,529.18 2,000.00 873.50 14,369.00 3.54% 13.92% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 8,108.54 — Nueces County Education District City of Corpus Christi 8,843.21 -- 0 Tuloso Midway Independent School District 16,167.12 — ° — Del Mar College 2,692.37 — — o City Paving & Demo Liens 20,717.94 1,954.00 A LARGE VACANT LOT, 105 FT. X 182 FT., 7 BLOCKS SOUTHEAST OF MCKENZIE RD., OFF LEOPARD ST. IN ANNAVILLE. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI —80— 1503 F ' % mit, -,,, ", L, 1111111111111111-' 6' 1114 .311P' .., _ .... .. sPrio,,- 4iiIiiiiEINIIII14-- - inewur- sr , 41. 31:11 IMIllinin EGX -Metr ' - lA ' 4'4, 4 fillir Ivs--: k -ommoungoiniiiniimmiff ;--. ....,_ 1,0 AUTHEI2 XL" k 11.1111011 :- Mlle - 1 INIMI1112 111101111 ACRES - 1 , _,.. t . • . ,..„., ACRES ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: 07- 2214 -E; Nueces County vs. Luis Zapata 7626 -0006 -0260; Lot 26 Block 6 San Juan Addition No. 3 9122 Scapular - Corpus Christi Date of Sale: September 1, 2009 Amount Due All Entities: 9,714.06 Amount of Bid: 1,500.00 Cost of Sale: 1,937.50 Current Value: 18,526.00 % of Total Due: 15.44% % of Current Value: 8.10% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,215.90 -- c — Nueces County Education District City of Corpus Christi 1,158.71 — a — Tuloso Midway Independent School District 2,995.83 — o — Del Mar College 452.26 --- v — City Paving & Demo Liens 3,891.36 — e., — A 528 SQ. FT. WOOD FRAME HOUSE ON PIER & BEAM FOUNDATION, ON A 50 FT. X 145 FT. LOT LOCATED OFF CLARKWOOD RD., 1 MILE SOUTH OF HWY 44. THE HOUSE IS IN EXTREMELY POOR CONDITION AND WILL REQUIRE EXTENSIVE REPAIRS THROUGHT TO MAKE IT HABITABLE. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 1558 _82_ 7 0 Z. * • t in .1M(•NOJ4 JT 1 A A w 64V,G 74 sr [I i w t t. .. .. .. .rr r .. �' - 1 Z.. .. 4 4I l x Y Y /l.N " O n t C M —J.., ?0 rn 2 Z " • I n • n p a 0 sti i. y P. -1 Z. i " 0 :ii St' g : _ lace D *` • l z �6.a.1- z a : t 4. ; r. c c -83- ra 1, • 58 ° • z ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 07- 3897 -H; Nueces County vs. Julian Lopez Jr. 1937- 0002 -0260; Lot 26, Block 2, Country Estates Unit 10 13148 Oglethorpe - Corpus Christi December 1, 2009 91,785.83 25,000.00 2,377.90 87,294.00 27.24% 28.64% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 16,568.90 4,083.67 Nueces County Education District 2,358.79 581.36 City of Corpus Christi 19,690.96 4,853.16 Calalien Independent School District 39,950.46 9,846.44 Del Mar College 6,696.62 1,650.49 City Paving & Demo Liens 6,520.10 1,606.98 A BRICK HOME ON SLAB FOUNDATION, 1,185 SQ. FT. BUILT IN 1985, WITH ATTACHED DOUBLE GARAGE, ON A CORNER LOT IN CALALLEN ISD. THE HOUSE SAT VACANT FOR MANY YEARS, AND NEEDS EXTENSIVE REPAIRS THROUGHOUT TO MAKE IT HABITABLE. THE PROSPECTIVE PURCHASER IS COLLECTIBLES ETC INC. OF CORPUS CHRISTI 1585 —84— N 0 U S HIGHWAY NO. 77 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 06- 6597 -D; Nueces County vs. Ramona Sanchez 4528 - 0002 -0190; Lot 19 Block 2 Loma Alta Addition 2327 Howard St. - Corpus Christi December 1, 2009 18,223.85 7,000.00 1,544.50 21,875.00 38.41% 32.00% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,605.21 480.54 Nueces County Education District City of Corpus Christi 1,730.15 517.94 Corpus Christi Independent School District 4,121.98 1,233.96 Del Mar College 679.49 203.41 City Paving & Demo Liens 10,087.02 3,019.65 A 728 SQ. FT. WOOD FRAME HOUSE WITH STUCCO EXTERIOR ON A 40 FT. X 100 FT. LOT ON THE NORTH SIDE OF GULF COMPRESS, JUST OFF 19TH ST. THE HOUSE AND A REAR DETACHED APARTMENT ARE IN POOR CONDITION, NEEDING MAJOR RENOVATION THROUGHOUT TO MAKE THEM HABITABLE. THE PROSPECTIVE PURCHASER IS ALMA NOLAND OF CORPUS CHRISTI 1587 -86- :'".°flnt'" „!Sev aTIlig;r'1K i! S`r _ o 1 L us f7Ea �RT)CE7 .,-j Y• ►a0 °10011 :gi AMII!!!063r0 I0a`.. _ 111 911111 0od0 011 1'11011115 1 111110111111/EIMPPIL � I 1 PARR �1• ti A x ■ 11 it ■ 1 1 STREET e * E:1• 1 -1>!fi•PsJ 5 �r ���O�odeelesoo I Y AffellinninD TER -Mt SPUR ii I �t 11 1 5 1 ' a 1 11 1 I 1 II I I I 1 1 I I I I ▪ • I „ 1, INETEENTN SR .4 x ■ 1 1_J YsPO rlNO7oa) (Dine V N P 7I 5 2 M ,. CROSSTOWN It • • 0 /9m STREET • LOTUS 7 Si 0111110,1 WNW MINIM SPRUCE 51 0 0 0 lP N. k iC althrte' lEIMEM IMMO MEM MUM MIZE IMAM 11C. 211 Q= MINIM MUM Q� MEE Mf i LI a0i!0�t o° o moo 1MM ;MI o "v O WUM MUM AU' MUM MUM ELM O o © MEM MUM am ME a 2 2 0 0 y :t >�h A EXPRESSWAY /3-g 7 :c ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: of Total Due: % of Current Value: 07- 5263 -F; Nueces County vs. Isaias Sanchez Jr. 7626 - 0006 -0190; Lot 19 Block 6 San Juan Addition No. 3 9074 Scapular - Corpus Christi January 5, 2010 26,877.88 1,000.00 1,330.50 20,928.00 3.72% 4.78% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,865.23 Nueces County Education District City of Corpus Christi 3,806.58 — ° Tuloso Midway Independent School District 11,381.52 — O -f Del Mar College 1,313.34 — O -- City Paving & Demo Liens 6,511.21 — o -- A 1,088 SQ. FT. WOOD FRAME HOUSE ON PIER & BEAM FOUNDATION ON A 50 FT. X 145 FT. LOT LOCATED OFF CLARKWOOD RD., 1 MILE SOUTH OF HWY 44. THE HOUSE HAS BEEN VACANT FOR YEARS AND IS IN SUCH EXTREMELY POOR CONDITION THAT IT SHOULD PROBABLY BE DEMOLISHED. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI _88_ 1600 7 F 0 s c O it • • a" c t- Co G4 lee," 74 37 4. e T. r„ ` s M yqt 64.17 AOC. 6 AC cOUNrr NAN � O C Y Ni M REK PAPT/T /ON re .I 10.642 AC r • - jgty- 0.144O CIIIVAQ OIL CO.' 651.0 .. r K6' • 1 , o. o ;- \\ C •F `“ Z C . ae ee 4 • I.' • 0 89 1400 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 04- 6512 -D; Nueces County vs. Mike Martinez 5281 - 0006 -0155; Lot 15 Block 6, Molina Subdivision No. 2 4313 Angela Dr. - Corpus Christi January 5, 2010 17,881.52 7,000.00 1,640.50 24,752.00 39.15% 28.28% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,873.42 561.51 Nueces County Education District City of Corpus Christi 2,009.05 602.16 West Oso Independent School District 5,163.76 1,547.70 Del Mar College 775.86 232.54 City Paving & Demo Liens 8,059.43 2,415.60 A SMALL WOOD FRAME HOUSE ON PIERS, 440 SQ. FT., ON A LARGE RESIDENTIAL LOT, 100 FT X 200 FT., IN THE MOLINA NEIGHBORHOOD. THE HOUSE NEEDS EXTENSIVE RENOVATIONS THROUGHOUT. THE PROSPECTIVE PURCHASER IS ALMA NOLAND OF CORPUS CHRISTI -90- 1601 v ` D. . r iro CEY DR. BASCUL A R CHDA L E e i i o : 0 - p O ° N --- Ob v r 0 0 y 0 16/ •o .x Stir • --:- s. S l.' . t. - C '• N v y-rr.-,- - �5. AYO - p O ° N --- Ob v O O O u — ! • 0 i mUT.i> .9y .0 ° 1.> IOC *MU u O .rr P. O - . O W.. W� i _ ON>. K u S .. SW : P. NS.. . +> •' J BARRER d la r W +n S* O r r i i u • 8 8 DPI VE M' .p J > O ., p > p 4, X44 N N o o $ o „ O O > m 4 "f. O 0 TREET • m qt H F, - . O t Y MUi_ >, 'l, I IV o Y ff• 0080 n • o .o ... > .. — ! • 0 i mUT.i> .9y ��; 4 � ... • 6, . .. U u /I s ✓• P .0 O •. w D • ... b 1 .. a N'_ e S .. SW : P. o m _ . °� V ,, y% pN r••., �s , ••••,,,,T.... . 6rJ ..� p is iJ .. v ^ °,. ,„Ns le,... IN, w. N .� vcls m tt S n a G -emu yr ... F ' .9 > mm ■ .. °a li'j ., 7 �' I 1 a »., ,i m �~m °,. I"'.. BARRER d la r W +n S* O r r i i u • 8 8 DPI VE M' .p J > O ., p > p 4, X44 N N o o $ o „ O O > m 4 "f. O 0 TREET —91— u ELVIRA STREET 0 z 0 0 `a >�� �. r W „... . l p o - >? a '- ° , .,' °� Iw• s”' d.. • S m —91— u ELVIRA STREET 0 z 0 0 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: of Total Due: % of Current Value: 07- 2834 -H; Nueces County vs. Ruben Nevarez 5761 -0005 -0080; Lot 8, Block 5, Nolford Place 4217 Nolford Place - Corpus Christi February 2, 2010 29,280.34 1,500.00 1,275.50 14,414.00 5.12% 10.41% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 1,910.26 14.65 Nueces County Education District Cit of Corpus Christi 1,842.34 14.13 CalaIlen Independent School District 4,427.19 33.94 Del Mar College 696.34 5.34 City Paving & Demo Liens 20,404.21 156.44 A VACANT LOT, 67 FT. X 119 FT., LOCATED JUST SOUTH OF LEAOPARD ST., BETWEEN VIOLET RD. AND CALLICOATE IN CALALLEN ISD. A HOUSE ON THIS LOT WAS DEMOLISHED IN 2000, ONLY THE FOUNDATION AND DRIVEWAY SLABS REMAIN. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 1604 _92_ ® f s 7 CHAMIZAL STREET NIGHTHAWK LANE PALISADE 5 • hOS CIP, DRIVE L MESA CIRCLE MESA 1111 PAINT POCK O. oi% vl inn 13 3 elS CltiVc103 6 'ON AWMH90-1 31V1S ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 07- 3498 -B; Nueces County vs. Adelina Sifuentes 4983 - 0002 -0050; Lot 5, Block 2, McNorton Subdivision 8905 McNorton Rd. - Corpus Christi February 2, 2010 38,151.34 1,000.00 1,336.02 9,149.00 2.62% 10.93% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 4,166.81 — ° — Nueces County Education District City of Corpus Christi 4,385.43 — ° Tuloso Midway Independent School District 9,774.01 — 0 Del Mar College 1,354.19 — o City Paving & Demo Liens 18,470.90 — 0 A VACANT RESIDENTIAL LOT, 81 FT. X 251 FT., LOCATED OFF RAND MORGAN RD., DIRECTLY SOUTH OF THE OLD CELANESE TECHNICAL CENTER. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI 1605 –94– A b6ESSOP_S n,p gyp $ 3 L A N C 0 PTAa3HAL$ ROAD Z /T ''1 s G ` 4 s 227 o • -8 N o 237 `N • o LO A c e :S • K n • u3 .�D .3 all o b 298. a 279 4 CO 237 4 0 z. R O A D - 0 z: •t. N ye s s - d 2441 4 274.0 298 2e07 J a.7b �' e o 4 324 b 'J 293 8 237 N ?39 0 a. ; a 3• 3 3 ;5 O 5 og !ILL 8.4 ai $ aa40 3;51 • N 35 4 o —1 •3• 7e 70 LLR Ada 0 2 3 a 0 N ti — D N; n p z N . • CP ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: of Current Value: 07- 1947 -F; Nueces County vs. Patricio Cantu 1977 - 0003 -0250; Lot 25, Block 3, Crestmont Subdivision Unit 8 2630 Allencrest Dr. - Corpus Christi February 2, 2010 21,974.71 5,000.00 1,398.50 13,437.00 22.75% 37.21% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 3,134.88 513.78 Nueces County Education District City of Corpus Christi 3,391.75 555.88 Corpus Christi Independent School District 7,625.46 1,249.76 Del Mar College 1,128.37 184.93 City Paving & Demo Liens 6,694.25 1,097.14 A VACANT RESIDENTIAL LOT, 45 FT. X 92 FT., JUST SOUTH OF AYERS ST., WEST OF HOLLY. THE PROSPECTIVE PURCHASER IS MIGUEL QUESADA, JR. OF CORPUS CHRISTI -96- 1607 r - 00 0 & ,01L CAPAWOOD DA. 7VSIVdddV 11NI1O3 S333IIN A AIGLIS OA. '57,9 AYEPS 1S3N3N377V - - - - - .6 . •0 .1 03 • 7740 r • CA EST ERAACE a ; El ; 10 VE 0 se vdd31S3N3 01_ - J 45 N • r a 1 ALL ENCREST • CAA1WAY e" DR VE at G U.-249-G 9 7 MN 7 01 ANALYSIS OF BID RECEIVED FOR TAX RESALE PROPERTY Suit Number & Style: Tax ID# & Legal: Property Location: Date of Sale: Amount Due All Entities: Amount of Bid: Cost of Sale: Current Value: % of Total Due: % of Current Value: 06- 1438 -H; Nueces County vs. Felix Riojas 7506- 0002 -0080; Lot 8, Block 2, Roseland Place 2202 Talisman Dr. - Corpus Christi November 3, 2009 58,037.39 5,000.00 1,827.50 40,854.00 8.62% 12.24% Entity Name Amount Due Each Entity Amount You Will Receive Nueces County 7,916.26 432.73 Nueces County Education District City of Corpus Christi 10,092.88 551.71 Corpus Christi Independent School District 17,926.60 979.92 Del Mar College 3,090.63 168.94 City Paving & Demo Liens 19,011.02 1,039.20 A 1,406 SQ. FT. WOOD FRAME HOUSE ON PIER & BEAM FOUNDATION LOCATED 1/2 BLOCK EAST OF THE CROSSTOWN EXPRESSWAY OFF HORNE THE HOUSE IS HABITABLE BUT DOES NEED EXTENSIVE RENOVATION THROUGHOUT TO BRING IT UP TO CODE. THE PROSPECTIVE PURCHASER IS ALAN QUERIDO OF CORPUS CHRISTI _98_ 1614 z T1 b EIRE IMAM ©111131 MIZE VITEMB VESTAL 4 z SEM MIEN WWI MOM IEEE ENKE Nam OEM VINT tl /.r• C co Cn - O ON 0 z sr PRESCOTT OM ME ? a ® m � a r' a� ©�m MIMI MEI MIZE MEP NL MIZE MENEM MIMEO MIEN MIMEO CO 2 6 8 ■ s 6 . ST SEIM MUSE ila Pea nem wow Tarr- 9 O .Z7 � 2 Is STREET NIEWIE t i RAABLE Ci S? � 60 rya � RU 0 \,950 ..`,iti8URBAi': of PO .s r• b mandea SE.M usirungtO 0 6 th _ -0_ sl s; O AYERS SU CENTER .sr AYERS —99— O STREET N SE t /6 /1/- ORDINANCE AUTHORIZING THE RESALE OF TEN (10) PROPERTIES FOR $56,000.00 WHICH WERE FORECLOSED UPON FOR FAILURE TO PAY AD VALOREM TAXES, OF WHICH THE CITY SHALL RECEIVE $7,094.98 PLUS $11,289.01 FOR PARTIAL PAYMENT OF CITY PAVING AND DEMOLITION LIENS; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of ten (10) properties listed on the attached and incorporated Exhibit A for $56,000.00, which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $7,094.98 plus $11,289.01 for partial payment of City paving and demolition liens. SECTION 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. 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 May, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: May 3, 2010 By: Qk c-; , 4 Lisa Agui , Assistant City Attorney for City Attorney 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 0 \C 00 - ON to 41. W N ON 0—, A Os 0 -.1 O, O M aO\ 0 ON 0000 — Os O cn -...1 cm 00 to In to 00 ITotal 07- 1947 -F 06- 1438 -H 0 00 a1 1 07- 2834 -H 00000 0, N w C7 'ii ...1 C H-L68 £-LO 0 N A t=i 2630 Allencrest Drive 2202 Talisman Drive 8905 McNorton Road 9074 Scapular 4313 Angela Drive 44217 Nolford Place 12327 Howard Street 113148 Oglethorpe 19122 Scapular 1977 - 0003 -0250; Lot 25, Block 3, Crestmont Subdivision Unit 7506- 0002 -0080; Lot 8, Block 2, Roseland Place 4983 - 0002 - 0050; Lot 5, Block 2, McNorton Subdivision 7626 - 0006 -0190; Lot 19, Block 6, San Juan Addition No 3 5281- 0006 -0155; Lot 15, Block 6, Molina Subdivision No 2 5761- 0005 -0080; Lot 8, Block 5, Nolford Place 14528-0002-0190; Lot 19, Block 2 Loma Alta Addition 11937-0002-0260; Lot 26, Block 2, Country Estates Unit 10 17626-0006-0260; Lot 26 Block 6, San Juan Addition No. 3 1,500.00 3416- 0008 -0100; Lot 10, Block 8, Highway Village Section 2 $ 2,000.00 $ - 00'000`98$ 00.000`S 00.000`5 7,000.00 1,000.00 7,000.00 1,500.00 1,000.00 { 00.000`Sz sot vND �� p. .-• to 000 - 000 tit �0 41 N ;1 , W 01 1 . 1 4,853.16 ift 10.1 *+ — ►-• OD u 0 1D VD 1D ---1 0 -0�P N W - to r• O O% to VD , 0 t 01 ∎ • 01 001 MO , 69 .-+ \O .. 0. 10 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: May 11,2010 A) Motion authorizing the City Manager to enter into an outside city limits water contract with Richard and Beatrice Hinojosa to provide public water to their property located outside the city limits on Jurica Road (CR 37), south of Saratoga Boulevard (SH 357) and east of Old Brownsville Road (FM 665), on Lot 27A, William Robertson Farm Tracts under Section 55 -111, Code of Ordinances. B) Motion authorizing the City Manager to enter into a Sanitary Sewer Connection Agreement with Richard and Beatrice Hinojosa until wastewater services are available to the property known as Lot 27A, Williams Robertson Farm Tracts. ISSUE: The City Council is required to approve the outside city limits water contract before the contract for such service can become effective. Upon City Council approval, the City Manager or designee would be authorized to execute the water service contract. The second motion would authorize the City Manager or designee to execute a Sanitary Sewer Connection Agreement as part of the platting process. RECOMMENDATION: A) Approval of the Motion authorizing the City Manager to enter into an outside city limits water contract with the property owner of Lot 27A, William Robertson Farm Tracts in accordance with Section 55 -111, Code of Ordinances. B) Approval of the Motion authorizing the City Manager to enter into a Sanitary Sewer Connection Agreement with the property owners of Lot 27A, William Robertson Farm Tracts. REQUIRED COUNCIL ACTION: A) Approval of motion authorizing the City Manager to enter into an outside city limits water contract with Richard and Beatrice Hinojosa to provide public water to their property; and B) approval of motion authorizing the City Manager to enter into a Sanitary Sewer Connection Agreement with Richard and Beatrice Hinojosa to comply with pie Platting Ordinance. Attachments: Exhibit A — Exhibit B — Exhibit C Exhibit D (((et, Juan Perales, r., P.E. Assistant City Manager Departments of Engineering & Development Services JohnnyP ©cctexas.com (361) 826-3828 Background Information Location Map — Outside City Limits Water Contract — Sanitary Sewer Connection Agreement H:\PLN- DIR\SPECIAL SERVICES\PLATS \WATER CONTRACTIWILLIAM ROBERTSON FARM TRACTS\LOT 27A.COUNCIL AGENDA MEMO.00L WATER CONTRACT.DOC —105— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Section 55 -111 of the Code of Ordinances requires a written service contract between the City of Corpus Christi and all owners, record mortgagees and lien holders of property outside of the city limits. Property owners, Richard and Beatrice Hinojosa, are currently platting their property into 1 lot with the intent of connecting to a city waterline. Their tract of land is located outside the city limits. The Hinojosa's own the property known as Lot 27A, William Roberson Farm Tracts. A public waterline was extended to the area and made available to the properties along Jurica Road (CR 37). In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes, obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. The plat for William Robertson Farm Tracts, Lot 27A was approved by the Planning Commission on March 17, 2010. William Robertson Farm Tracts, Lot 27A is located west of Jurica Road (CR 37) and south of Saratoga Boulevard (SH 357). (See Attachment B) As part of the platting process, wastewater construction was required. The property owners requested and were granted by the Planning Commission a variance from the required wastewater construction. The variance was granted on the basis that wastewater services were not readily available to the subject property. Providing wastewater services to the subject property would require the construction of approximately one mile of wastewater trunk line in order for the property owners to be able to extend a wastewater line from their property. The property owners are paying the applicable wastewater acreage fees and are willing to enter into a Sanitary Sewer Connection Agreement in lieu of constructing the wastewater lines. The Sanitary Sewer Connection Agreement would require the property owners to connect to the wastewater line within 12 months of the line becoming available and paying the applicable pro -rata fees for the wastewater line. (See Attachment C) Therefore Staff recommends the City Council approve a motion to authorize the City Manager to enter into an outside city limits water contract with Richard and Beatrice Hinojosa to provide public water to their property located outside the city limits. Staff further recommends that the City Council authorize the City Manager to enter into a Sanitary Sewer Connection Agreement with Richard and Beatrice Hinojosa. EXHIBIT A H: \PLN- DIR\SPECIAL SERVICES\PLATS \WATER CONTRAC11WILLIAM ROBERTSQ�J6ARM TRACTS \LOT 27ACOUNCIL AGENDA MEMO.BACKGRD INFO.00L WATER CONTRACT.DOC uu 0 Miles 0 0.050.1 0.2 Legend ••.•••'• PLANNING.CITYLIMITS 1r■ r.rr�i Title: Prirtang Date 4/1f2010 F9e H `PLt4 -0IRGHARED\GIS Prorects14MiflusIW l_ROBERTSON FARM TRACTS rnxd Prepared By KAB Illustratve purposes only Coordinate System NAD 1983 StataPlane Texas South FPS 4205 Feet CiCty of Corpus Christ Ci Development Services LOCATION MAP EXIHIWIT B CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS THE STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into in triplicate originals by and between Richard and Beatrice Hinojosa ( "Owners "), whose address is 4121 Agnes Street, Corpus Christi, Texas 78405; and the City Of Corpus Christi, Texas ( "City "), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions stated in this contract. WITNESSETH: I. That Owners are owners in fee simple and of all existing rights, titles, and interests in of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port- related industry, as defined by Section 55 -111, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: William Robertson Farm Tracts, Lot 27A II. City agrees to deliver City water to the property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55 -111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owners agree to construct all improvements on the property in accordance and compliance with all City codes and regulations, and to obtain all City technical construction permits as though the property were inside the City. Owners consent to allow inspections of all of the construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owners agree that as to any improvements the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. IT IS AGREED by and between the parties to this contract that the above described land and territory shall be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended, and as further prescribed by Section 55- 111, as amended, of the Code of Ordinances, City of Corpus Christi; and the Owners agree to annex the property within the effective date of the annexation being the date EXHIBIT C Page 1 of 4 H: \PLN- DIR\SPECIAL SERVICESIPLATS \WATER CONTRACT \WILLIAM ROBERTI0184RM TRACTS \LOT 27A. WATER SERVICE CONTRACT.DOC when the property becomes adjacent to the City limits, or will become adjacent to the city limits by any type of simultaneous annexation of other properties, or at a later date to be solely determined by the City Council. V. Owners agree and understand that a breach of the covenants and conditions in this contract render Owners liable to termination of the delivery of water by the City, and upon a finding of fact by the City Manager that any of the covenants or conditions in this contract have been materially breached, the delivery of water to owner will be terminated. VI. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. VII. IT IS AGREED by and between the parties to this contract that all of the above conditions shall be binding upon the successors and assigned of the Owners and each of them, and constitute covenants running with the land. WITNESS OUR HAND, this day of , 2010. Owners(s): Richard and Beatrice Hinojosa Richard Hinojosa Beatrice Hinojosa THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this the day of 2010 by Richard Hinojosa. Notary Public, State of Texas THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of 2010 by Beatrice Hinojosa. Notary Public, State of Texas EXHIBIT C Page 2 of 4 H: \PLN- DIR\SPECIAL SERVICES \PLATS \WATER CONTRACTWILLIAM ROBERT 1019ARM TRACTS\LOT 27A.WATER SERVICE CONTRACT.DOC City of Corpus Christi 'Angel R. Escobar City Manager APPROVED AS TO FORM: ATTEST: R. Jay Reining Armando Chapa First Assistant City Attorney City Secretary THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this the day of , 2010, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas EXHIBIT C Page 3 of 4 H:1PLN -DIR \SPECIAL SERVICESIPLATSIWATER CONTRAC11WILLIAM ROBERIIaRRM TRACTSILOT 27A.WATER SERVICE CONTRACT.DOC 99.. 5 (LE '•N V3) 9998 m 9, 9909 2 .!*9.9 I..19 0411 51, (LC .11 *1 41..3) 5D02 =liar Greet '"'3— "h 21.1.5.UL5ca ,r.": 3 (1'�'.Y9 '9M-9M ,_.. l�.....fmo- 4.Z:7MY°! r'i' ,bd '9911 "M) � � -�.� S F �M w 991 '.A) 1' 11.....] 4N N UAW 14 ,r, 1 34Y1 10 IWtl ;les 41:1 $° ! Cg � °n,`� S w p.e..1_11 . qabg s Pl 313 gda£ 9 Iiii 5 1111 the Depatmen* of 0 ''Y -9." ve 5 IR 10 i1 0 S 13 of U icy$ 3r • ,115 R 5 I 8 EXHIBIT C EXHIBIT A Page 4 of 4 H: \PLN -DIR \SPECIAL SERVICES\PLATSIWATER CONTRACTIWILLIAM R08eI 9jdt41AtM TRACTS\LOT 27A.WATER SERVICE CONTRACT.DOC Sanitary Sewer Connection Agreement William Robertson Farm Tracts Page I of 4 SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469 -9277, hereinafter called "City" and Richard and Beatrice Hinojosa, 4121 Agnes Street, Corpus Christi, Texas 78405, hereinafter called "Developer /Owner ". WHEREAS, Developer /Owner in compliance with the City's Platting Ordinance, has submitted the plat for William Robertson Farm Tracts, Lot 27A, hereinafter called "Development ", (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are normally a requirement of the plat, and WHEREAS, the Development Services' Engineer has determined that sanitary sewer service is not reasonably available within reasonable proximity to the site; WHEREAS, wastewater construction is not economically feasible due to the unavailability of existing wastewater facilities within reasonable proximity to the site; WHEREAS, wastewater construction plans and construction would impose an undue financial hardship on both the Developers or Owners, or on either of them; and WHEREAS, City agrees to allow Developers and Owners to record the plat of the Development Property without initial construction of wastewater collection lines; NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer /Owner agree as follows: 1. The owner of each individual lot agrees for itself, its successors, transferees, and assigns, as follows: a. To connect to City sewer within 12 months of the installation of a wastewater manhole at the frontage of the property or the installation of a collection line along the frontage of the property; b. To pay applicable wastewater pro -rata and tap fees, fees for which there is no legal exemption, at the rate in effect at the time of connection to City wastewater; EXt1111TD Sanitary Sewer Connection Agreement William Robertson Farm Tracts Page 2of4 c. To subdivide the Development no further than what is shown on the Plat of William Robertson Farm Tracts, Lot 27A, attached as Exhibit 1. The further subdivision of the Development voids this agreement. 2. City agrees: a. To allow the property to use wastewater treatment as approved by the City /County Health Department. b. To allow the Owner to record the plat and not require wastewater line construction. 3. INDEMNIFICATION: DEVELOPER/OWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ( "INDEMNITEES ") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER/OWNER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WASTEWATER SERVICE TO THE WILLIAM ROBERTSON FARM TRACTS, LOTS 27A & 27B, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. 4. The agreement and covenant herein are covenants running with the land, and must be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer /Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXtItBIT D Sanitary Sewer Connection Agreement William Robertson Farm Tracts Page 3 of 4 5. Agreement and terms of this agreement will terminate upon connection to City wastewater and payment of appropriate fees. EXECUTED IN DUPLICATE originals, this day of , 2010. DEVELOPER /OWNER: Richard and Beatrice Hinojosa 4121 Agnes Street Corpus Christi, TX 78405 Richard Hinjosa Owner STATE OF TEXAS COUNTY OF NUECES § Beatrice Hinojosa Owner This instrument was acknowledged before me on , 2010, Richard and Beatrice Hinojosa, Owners. APPROVED: , 2010 By: Notary Public, State of Texas Juan Perales, Jr., P.E., Development Services Engineer APPROVED: , 2010 By: Deborah W. Brown Assistant City Attorney For the City Attorney E.$IT D Sanitary Sewer Connection Agree «y William Robertson Farm Tracts Page 4 of 4 ! 6 a - _ —m z { } b a. ^V Court. in and 1 { ( ■ § |k J o % � 4 ! §t -8 .0 } EXHIBIT 1 D AGENDA MEMORANDUM SUBJECT: Sale of City Surplus Properties April 27, 2010 AGENDA ITEM: A. Ordinance declaring each of the four city -owned properties listed and described in the attached Exhibit "C" as surplus property, three which are narrow in shape and not suitable for building, one that lacks paved access to and from public roads, and all of which are small in area. B. Ordinance authorizing the sale of each of the four surplus properties listed and described in the attached Exhibit "C" to (1) abutting landowners in the same subdivision, or (2) abutting property owners in proportion to their abutting ownership; and authorizing the City Manager or his designee to execute the deeds and any related documents necessary to complete the sales and convey the properties. ISSUE: The City owns four tracts of land that were acquired for various purposes. The City would like to sell and dispose of these tracts in order to eliminate maintenance responsibilities and expense. There is no interest expressed by City departments for use of these tracts. Council approval is required to declare these properties as surplus and to approve their sale and disposition. REQUIRED COUNCIL ACTION: Passage of the ordinances as submitted. FUNDING: No funding is required for this ordinance. RECOMMENDATION: Approval of the ordinances as presented. Pedro Anaya, P. E. Director of Engineering Services Petean(c�cctexas. com 826 -3781 Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Maps (4) List of Surplus Property H:\HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.2010\Agenda Memorandum.doc —119— BACKGROUND INFORMATION SUBJECT: Sale of City Surplus Properties April 27, 2010 BACKGROUND: The City currently owns four properties, listed in Exhibit C, which are not needed for any specific departmental purpose. These properties consist of three narrow strips of land that are not buildable and one property that has no paved access. The property located on Marguerite Street was conveyed by Quit Claim Deed to the City in 1976. The property on Eleanor Street was conveyed in 1981 by a Sheriffs Deed to the City of Corpus Christi, Corpus Christi Independent School District, and the Corpus Christi Junior College District. All three entities will be required to sign off on the Warranty Deed to consummate the transfer of title. The property on York Avenue is a portion left over from a City street improvement project to widen York Avenue in the 1980's. The fourth property on Palmira Avenue was dedicated and conveyed to the City in 2007 by a Warranty Deed. Since the lots on Marguerite Street, Eleanor Street, and York Avenue are narrow in shape and unbuildable, City Land Acquisition staff sent a letter to the adjoining property owners on each side of the property to determine if there was any interest to acquire the lots. An adjoining property owner for each lot has expressed interest in the property. It is proposed to sell the three lots by establishing a minimum bid of $1,000 for 2601 Marguerite Street, $1,875 for Eleanor Street, and $2,261 for York Avenue. When the transaction on Eleanor Street is consummated, the proceeds will be distributed equally among the three public entities. Once a minimum bid is established for the Palmira Avenue property, a letter will be sent to the adjoining property owners to determine if there is interest in bidding on this lot. City Land Acquisition staff sent a notice to all departments informing them of the intent to sell and dispose of these properties. No interest was received. Revenue from the sale of these properties will be deposited into the General Fund. PRIOR COUNCIL ACTION: A. June 27, 2006 - Ordinance declaring eighteen City -owned properties (listed in Exhibit C) as surplus property, which include one developed residential property located at 3705 Topeka Street and seventeen vacant tracts of land, nine of which are irregular in shape and not suitable for building. (Ord. No. 026865) B. Ordinance authorizing the sale of eighteen surplus properties (listed in Exhibit C) consisting of one residential property located at 3705 Topeka Street, eight developable tracts which will be sold individually to the public by sealed bid, and nine irregularly- shaped properties which will be sold to the adjacent landowners in exchange for their perpetual maintenance and care of the property; and authorizing the City Manager or his designee to execute the necessary deeds for all nineteen surplus properties to be sold and conveyed. (Ord. No. 026866) FUTURE COUNCIL ACTION: None H: \HOME\EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property .04.27.2010 \Background.doc -120- EXHIBIT A 1 of 1 councilexhibits\ exh90015c.dwo LOCATION MAP S. BLUNTZER STREET MARGUERITE STREET VICINITY MAP NOT TO SCALE SURPLUS PROPERTY - 2601 MARGUERITE STREET -121- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3 -09 -2010 w.■ ■ File : \Mproiect NUECES F . 624 councilexhibits \ exh90015a. d wa CC < 0 CC 2 NUECES 23.14.y 1 UP R/yE -R PROJECT ChO�� RD ' LOCATION 0 HWY 44 0 • _ _` AR-`_ it ACNES tr CCIA��,�� ey J`l McGLOIN RD. W POINT'�r -e.�s LOCATION MAP NOT TO SCALE N CORPUS US C3{RISIT BAY 27 28 29 30 31 ELEANOR STREET 40 SUBJECT PARCEL 39 100' 38 37 36 RUTH STREET ELESA STREET VICINITY MAP NOT TO SCALE EXHIBIT B SURPLUS PROPERTY - 812 ELEANOR STREET -122- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3 -09 -2010 itift IIIIIMP NW NNW File : \Mproiect councilexhibits \exh90015e.dwa \UECES �,p� IE' F.M. 624 CC z HWY 44 z cNOR RDA° RD I 1 SEDWICK • RD ce U AGNES 0 CCIA Mc LOIN RD 37 3•1IECES B.a.y , it Cyo,, inripIELEopAR am, gni �vz 1 tz , i t 41 1 W. POINT 1P LOCATION MAP NOT TO SCALE PROJECT LOCATION CORPUS C3{RTS?l RAY KO R STREET 74.7' 2 3 SUBJECT PARCEL 34 33 T 6 Q,- 32 • VICINITY MAP NOT TO SCALE Z i m rn m EXHIBIT B SURPLUS PROPERTY - 1106 YORK -123- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3 -15 -2010 File : M ro 'ect councilexhibits V4Iirdr FM 2444 exh90015d.dw WHITECAP Q LOCATION MAP NOT TO SCALE PROJECT LOCATION gay OF MEXICO Willie PANES DRIV Wittig E qVitP`it R 2 suerEc eqY wit', N ■/* PARCEL � 7B 86 �`9B � OB r PARCEL so• 7B, 8B 9B OB Ablb■ 19 19 VICINITY MAP NOT TO SCALE N hfr 0 EXHIBIT B SURPLUS PROPERTY - 16034 PALMIRA AVENUE -124- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 3 -09 -2010 MIIIMY MEW MIMI SURPLUS PROPERTY TO BE SOLD H: \HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.2010\Exhibit C.doc EXHIBIT C —125— Address or Location Legal Description Zoning Lot Dimensions 1 2601 Marguerite Street Steele Addn., Block 7, Lot 21 Residential 25 ft. by 135 ft. 2 812 Eleanor Street Seikel Addn., Block 5, Lot 39 Residential 25 ft. by 100 ft. 3 1106 York Avenue Arcadia Addn., Block 6, portion of Lot 2 Residential Irregular shape (4,523 s.f.) 4 Palmira Avenue (south of Sea Pines Dr.) Padre Island Unit 1, Block 19, Lot 8B Commercial 50 ft. by 150 ft. H: \HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.2010\Exhibit C.doc EXHIBIT C —125— Page 1 of 2 ORDINANCE DECLARING EACH OF THE FOUR CITY -OWNED PROPERTIES LISTED AND DESCRIBED IN THE ATTACHED EXHIBIT "C" AS SURPLUS PROPERTY, THREE WHICH ARE NARROW IN SHAPE AND NOT SUITABLE FOR BUILDING, ONE THAT LACKS PAVED ACCESS TO AND FROM PUBLIC ROADS, AND ALL OF WHICH ARE SMALL IN AREA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Each of the City's properties listed and described in the attached Exhibit "C" are declared as surplus property. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 13- Apr -10 `t\t' ronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA I T 1=1QI M042710 \042710 ORD declaring 4 properties as surplus.doc That the foregoing reading on this the Joe Adame Chris N. Adler John E. Marez Nelda Martinez Mark Scott Page 2 of 2 ordinance was read for the first time and passed to its second day of , 2010, by the following vote: Kevin Kieschnick Priscilla G. Leal Brent Chesney Larry Elizondo, Sr. That the foregoing ordinance was read for the second time and finally passed this the day of , 2010, by the following vote: Joe Adame Chris N. Adler John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the ATTEST: Kevin Kieschnick Priscilla G. Leal Brent Chesney Larry Elizondo, Sr. day of , 2010. Armando Chapa City Secretary APPROVED as to legal form: 13- Apr -2010 By: Assistant City Attorney for City Attorney H: \LEG -DI R \Veron icaO \1. ENG \1 CITY OF CORPUS CHRISTI Joe Adame Mayor AGENDA IT E-W1111 \842710 \042710 ORD declaring 4 properties as surplus.doc SURPLUS PROPERTY TO BE SOLD :1HOME\EUSEBIOG\GENWgenda Items \Sale of Surplus Property.04.27.2010 \Exhibit C.doc EXHIBIT C -128- Address or Location Legal Description Zoning Lot Dimensions 1 2601 Marguerite Street Steele Addn., Block 7, Lot 21 Residential 25 ft. by 135 ft. 2 812 Eleanor Street Seikel Addn., Block 5, Lot 39 Residential 25 ft. by 100 ft. 3 1106 York Avenue Arcadia Addn., Block 6, portion of Lot 2 Residential Irregular shape (4,523 s.f.) 4 Palmira Avenue (south of Sea Pines Dr.) Padre Island Unit 1, Block 19, Lot 8B Commercial 50 ft. by 150 ft. :1HOME\EUSEBIOG\GENWgenda Items \Sale of Surplus Property.04.27.2010 \Exhibit C.doc EXHIBIT C -128- Page 1 of 2 ORDINANCE AUTHORIZING THE SALE OF EACH OF THE FOUR SURPLUS PROPERTIES LISTED AND DESCRIBED IN THE ATTACHED EXHIBIT "C" TO (1) ABUTTING LANDOWNERS IN THE SAME SUBDIVISION, OR (2) ABUTTING PROPERTY OWNERS IN PROPORTION TO THEIR ABUTTING OWNERSHIP; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE DEEDS AND ANY RELATED DOCUMENTS NECESSARY TO COMPLETE THE SALES AND CONVEY THE PROPERTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to sell each of the four surplus properties listed and described in the attached Exhibit "C" to abutting landowners in the same subdivision or to abutting property owners in proportion to their abutting ownership. SECTION 2. The City Manager or his designee is authorized to execute the deeds and any related documents necessary to complete the sales of the four surplus properties listed and described in the attached Exhibit "C." ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 13- Apr -10 By. Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG- DIR \Veronica0 \1.ENG \1 AGENDA ITEM S \10 \042710 \042710 ORD authorizing sale of 4 surplus properties.doc —1 29— Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _ -- day of 61 , 2010, by the following vote: Joe Adame Chris N. Adler John E. Marez Nelda Martinez Mark Scott Kevin Kieschnick Priscilla G. Leal Brent Chesney Larry Elizondo, Sr. That the foregoing ordinance was read for the second time and finally passed this the day of , 2010, by the following vote: Joe Adame Kevin Kieschnick Chris N. Adler Priscilla G. Leal John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott PASSED AND APPROVED, this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to legal form: 13- Apr -2010 By: Assistant City Attorney for City Attorney Joe Adame Mayor H: \LEG- DIR \Veronica011.ENG \1 AGENDA ITEM S \10 \042710 \042710 ORD authorizing sale of 4 surplus properties.doc —1 3 0— SURPLUS PROPERTY TO BE SOLD H: \HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.2010 \Exhibit C.doc EXHIBIT C -131- Address or Location Legal Description Zoning Lot Dimensions 1 2601 Marguerite Street Steele Addn., Block 7, Lot 21 Residential 25 ft. by 135 ft. 2 812 Eleanor Street Seikel Addn., Block 5, Lot 39 Residential 25 ft. by 100 ft. 3 1106 York Avenue Arcadia Addn., Block 6, portion of Lot 2 Residential Irregular shape (4,523 s.f.) 4 Palmira Avenue (south of Sea Pines Dr.) Padre Island Unit 1, Block 19, Lot 8B Commercial 50 ft. by 150 ft. H: \HOME \EUSEBIOG \GEN\Agenda Items \Sale of Surplus Property.04.27.2010 \Exhibit C.doc EXHIBIT C -131- 12 NO ATTACHMENT FOR THIS ITEM 13 NO ATTACHMENT FOR THIS ITEM NO ATTACHMENT FOR THIS ITEM 15 NO ATTACHMENT FOR THIS ITEM 16 AGENDA MEMORANDUM AGENDA ITEM: April 27, 2010 PUBLIC HEARING — ZONING (City Council Action Date: May 11, 2010) Case No. 0310 -05: John Carlisle: Request: A change of zoning from the "B -3" Business District to the "1 -2" Light - Industrial District resulting in a change of land use from Pet Resort Business to Pet Resort Business with outdoor dog walk area use on the property described below: .969 -acre property located in Laguna Business Center, Block B4, Lot 1, generally located at the northwest corner of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard. PLANNING COMMISSION AND STAFF RECOMMENDATION (March 31, 2010): Planning Commission and Staff recommends denial of the applicant's request for a change in zoning to the "1 -2" Light - Industrial District, in lieu of a Special Permit allowing for the uses within the "B -3" Business District, plus the construction of an outdoor small animal (i.e.... dogs and cats) exercise area on site. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning on .969 acres from the "B -3" Business District to the "1 -2" Light Industrial District, to allow for an outdoor dog exercise area for an existing Pet Resort Business. Existing Land Uses: The subject property is currently being used as a Pet Resort commercial business; however, the existing "B -3" Business District does not allow for an outdoor fenced dog walk/run area onsite. Existing Zoning: The subject property is zoned as a "B -3" Business District. The "B -3" Business District provides sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, including boat & vehicle storage, ball fields, mini - storage, bowling alleys & billiard halls, promotional events, taverns, bars, lounges, major & minor auto repair, car washes, service stations, restaurants, offices, shopping centers, hospitals, and retail uses. Dwellings, boarding and lodging house uses are prohibited in this district. Proposed Zoning: The applicant is requesting a change in zoning to the "1 -2" Light Industrial —151— Agenda Memo Case No.0310 -05 (John Carlisle) Page 2 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. The "1 -2" District would allow the applicant to construct a fenced dog exercise area on the site. Juan Perales, Jr.,W.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp(cr�cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) —152— CITY COUNCIL ZONING REPORT Case No.: 0310 -05 Planning Commission Hearing Date: March 31, 2010 Applicant & Legal Descri tion Applicant: John Carlisle Owner: Same Representative: Ben Bines Address: 1217 First National Boulevard, Corpus Christi, TX 78401 Legal Description/Location: .969-acre property located in Laguna Business Center, Block B4, Lot 1, generally located at the northwest comer of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard. Zoning Request From: "B -3" Business District To: "I -2" Light Industrial District Area: .969 acres Purpose of Request: The Applicant is requesting a change in zoning from the "B -3" Business District to the "I -2" Light Industrial District, to allow for an outdoor dog exercise area for an existing Pet Resort Business. Zoning Existing Land Use Future Land Use Site "B -3" Business District Commercial Commercial North "B -3" Business District Commercial Commercial East "B -3" Business District Public /Semi - Public Public /Semi - Public South "B -3" Business District, "RE" Residential Estate Vacant Estate Residential West "B -3" Business District Commercial Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Flour Bluff Area Development Plan area and is planned for commercial uses as represented by the Future Land Use Map. 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; however, the ADP encourages industrial uses in this area, as detailed under the ADP section of this report. Map No.: 35032 Zoning Violations: None STAFF SUMMARY Request: The applicant is requesting a change of zoning on .969 acres from the "B -3" Business District to the "I -2" Light Industrial District, to allow for an outdoor dog exercise area for an existing Pet Resort Business. Existing Land Uses: The subject property is currently being used as a Pet Resort commercial business; however, the existing "B -3" Business District does not allow for an outdoor fenced dog walk/run area onsite. —153— Zoning Report Page 2 Applicant: John Carlisle Case #: 0310 -05 Existing Zoning: The subject property is zoned as a "B -3" Business District. The `B -3" Business District provides sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, including boat & vehicle storage, ball fields, mini - storage, bowling alleys & billiard halls, promotional events, taverns, bars, lounges, major & minor auto repair, car washes, service stations, restaurants, offices, shopping centers, hospitals, and retail uses. Dwellings, boarding and lodging house uses are prohibited in this district. 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. The "I -2" District would allow the applicant to construct a fenced dog exercise area on the site. Transportation and Circulation: The subject properties will have access to First National Boulevard, an 80 -foot wide, C -1 Minor Residential Collector, with an undivided 2 -lane right -of- way. Sixty feet of the 80 -foot right -of -way is currently paved. The Urban Transportation Map indicates that this right -of -way is planned as a C -2 right -of -way in the future. Street R.O.W. Street Urban Transportation Plan Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume 2008 First National Boulevard. C -1 Minor Residential Collector, Undivided Cl, two -lane 80' / 60' C2 N/A Infrastructure Demand: ••• Water: + Wastewater: ••• Stormwater: ❖ Gas: Public Safety: • Police: • Fire: A 6 -inch water line runs parallel with First National Boulevard. An 8 -inch wastewater line runs parallel with First National Boulevard. The nearest stormwater line hookup is located on the southeast comer of the subject property along Compton Road to the east. Gas lines are present and run parallel with First National Boulevard. The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District B20. Crime statistics indicate a decrease from 1,261 crimes committed in 1993, to 839 crimes committed in 2005. The last year for which statistics are available is 2005. The closest Fire Station is Sta. # 13, located at 1802 Waldron Road, approximately one mile from the subject property. —154— Zoning Report Page 3 Environmental Constraints: Applicant: John Carlisle Case #: 0310 -05 • Flood Zone: Zone C, areas of minimal flooding. ❖ Soils: (Gm) Galveston and Mustang fine sands (Galveston and similar soils: 50 percent, Mustang and similar soils: 30 percent, Minor components: 20 percent) Galveston Profile: • Landform: Dune fields, foredunes • Slope: 0 to 8 percent • Drainage class: Somewhat excessively drained • Depth to water table: About 36 to 72 inches • Frequency of flooding: Occasional • Frequency of ponding: None • Available water capacity: Low (about 4.8 inches) Mustang Profile: • Landform: Depressions on barrier flats • Slope: 0 to 1 percent • Drainage class: Poorly drained • Depth to water table: About 0 to 6 inches • Frequency offlooding.: Occasional • Frequency of ponding: None • Available water capacity: Very low (about 2.0 inches) • Wetlands: None • AICUZ Zones: The subject property falls within a designated Accident Potential Zone #2 COMPREHENSIVE PLAN CONSISTENCY: Land Use Policy INCOMPATIBLE INDUSTRIAL AND COMMERCIAL LAND USES SHOULD NOT ABUT RESIDENTIAL AREAS. Many of the activities allowed in the industrial and commercial districts are incompatible with residential areas. Whenever possible, such uses should be separated from residential areas. When these uses must abut residential areas, steps shall be taken to minimize conflicts, i.e., provision of open space, landscaping, screening fences, etc. Staff Comment: Generally, issues of noise, odor, and hours of operation can individually or in combination negatively impact a residential neighborhood The subject property is bounded by existing and planned commercial uses to the north and west (where the exercise area is proposed), and the "RE" Residential Estate zoned property located to the south and across Compton Road is vacant. The existing Pet Resort business is generally not operating after 7:00 p.m., so the operating hours are considered reasonable. —155— Zoning Report Page 4 Applicant: John Carlisle Case #: 0310 -05 AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "Flour Bluff" ADP POLICY STATEMENT B.5 The City encourages development that is compatible with the Naval Air Station, Waldron Field, and Cabaniss Field. A primary concern associated with these naval facilities is land use compatibility in the Navy's Air Installation Compatible Use Zones (AICUZ). These are areas where, due to frequency of over flights and other factors, a measurable potential for aircraft accidents is present. The geographic areas covered by these zones may change in the future due to changes in operations at the air fields, changes in the aircraft using the runways or other factors. The City should maintain constant contact with the Navy to maintain accurate record of any changes to these zones and change as appropriate any city regulations pertaining to these AICUZs. LONG TERM OBJECTIVES: b. Residential areas located within Accident Potential Zones (APZs) and north of South Padre Island Drive (SPID) and between Flour Bluff Drive and the Laguna Madre Shoreline should gradually transition to commercial and industrial uses. The City should facilitate this transition by approving rezoning requests for commercial or industrial zoning where there is adjacent commercial or industrial zoning or where it can be shown that the rezoned area can protect adjacent residences. Gradually, residential uses would be phased out of the area. Staff Comment: The existing Pet Resort is an approved use in the "B -3" Business District. However, outdoor dog exercise areas are not permitted in the "B -3" Business District and require the "1-2" Light- Industrial District zoning classification. The use adjacent to the proposed exercise area (to the west) is a storage facility which includes boat storage and it is unlikely that this business would be impacted by the proposed use. The Naval Joint Land Use Study and the Flour Bluff ADP promotes and supports commercial and industrial uses under an APZ #2. The proposed use is not typically associated with the congregation of large crowds and is consistent with the intent of the ADP, by establishing fewer residential uses close to a Navy designated "Accident Potential Zone 1 or 2. PLAT STATUS: The subject property is platted. DEPARTMENT COMMENTS: + The requested "I -2" (Light- Industrial) Zoning District is not compatible the Future Land Use map commercial use designation, but it is compatible with the intent of the Flour Bluff ADP. Rezoning for this particular use adjacent to a Navy designated "APZ #2" would reduce the risk to human life, in contrast to development of the site for residential purposes in the future. —156— Zoning Report Page 5 Applicant: John Carlisle Case #: 0310 -05 • The proposed rezoning request and use is compatible with the Naval Air Station recommendation of prohibiting residential and nonresidential developments having potential for attracting large crowds within Accident Potential Zones. Staff feels that the proposed dog exercise area use may be more compatible with the intent of the Naval Air Station's recommendation for reduced residential uses in this area. STAFF RECOMMENDATION: Staff recommends approval of the applicant's request to rezone the property to the "I -2" Light Industrial District. PLANNING COMMISSION RECOMMENDATION: Pending. Number of Notices Mailed: 19 within 200 foot notification area; 3 outside area. Favor 4 (inside notification area); 0 (outside notification area) Opposition 1 (inside notification area); 0 (outside notification area) For 0.49 % as of March 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. ACUIZ Map 7. Comments received from Public Notices mailed 8. Notice Mailing List —157— ���� . x�� . � ,.. A: � R. a MT ".2 A E •:'.## 0310--0.5f 4 ..:SST ': - ,:01$71NG' ONnsp., :NDT>tCE'A EA: a: 17112 :8-1 /rjkih,,l llaae .4k1 11-1:• JJrn101.171601:011010. P-1n• YIrr417en1H•.Ke elfkkl • I.7: [I .III ifr BOW :+t-2 1111-11renFllidPOFkiI: fa.• Rail' P.M kIl fsFtl: .ae. i'rttsse.1.1111m.p ild quo . Firm! ilglperel.riigil . :aT Iprtnelr�.lrsalsrekkld: n- 1a..dre :FrII.ii ir+Y.n.NO. e -i .ieipd.r■r a�7eVE .bIstrtl :1i-1e .ere. F∎riry' e4eIri ek Id. e -1JY ifiJrra.r.r'er rF .oislricf n -14 ike' •r.nq'om.lhi p.Nd , .6-2. •141 Ili,T33.416E1. R� Mrillle Eih*•91r 1d, 9-iK Btr r11,r'66E14 'IlLkkl .RA Cie Fir igiwi'. oNNd ' ' -3''' eraress pI 1d -: - 'n€ Ilgsleilr i1•h: Oki Nil ' O -4 elenerr 9dFsrg6ilrJ • R -11 it tace Crllr;;4...kld :: 95 Prlhryl gWresi•plikld DP'. WetlURerei1 „9# lm ' rew:re:A d T-1A• 1FY:ei'II.Ilei Pit.1101 _ee giro. eri&kne tiese lid.. pi's r.u4ekaif1Urre:.14.t1 tId' .F -1 'F.1 Jliiur plr4EF ' ' T -u rrWide.rll H.,Ie aII�s i 'JIC .;xlSrr46Cr+krr.rrrm�k: 7fsYt1 "' . . .hieierYeyw ti #}x1.93 &' Er' . *$ 6.0"EM lblh� P41". COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0310 -05 Name: John Carlisle 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: 19 1 Favor: 4 Opposition: 1 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 3 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 \l. Planning Commission \2010 PC\2010 Public Comments \0310-05 John Carlisle.doc —171— m> C A u, a A a a a a a a a a Y a a 0 0 0 m S O 1 1 1 1 1 1 1 1 1 1 1 1 1 ° 1 1 1 1 1 1 1 1 1 1 1 1 1 n o Z Z Z D D D D n x n x m z o c m z p c c c 3 3 3 3 n O n O A s m n m m m m m m m 3 3 E 3 m D A r m mi 0 n n 'e r p N o z C m A Z Z o Z O O O Z Z Z Z x x `O D - D m D D - P a 0 nnn 00 0 9 000 N N nnn 1=1 0 A A 000 .- 0 0 m m O V 0 O 00 N S D n OO 0 S N N 3 i 3 f. 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N N N N '1 m c m m Z m m Z Z m m m Z m m m m m n Re N _Z-1 N N U1 N V1 V1 INn N N N N? y A 1 -ZI -Z1 2 P, N n n n n n n n n n n n A A A ]o F A T Z . Z 7� Z Z Z Z Z Z Z Z Z -1 N ti -1 IT -i T -1 ti -1 -1 Ft ti '1 N -1 -1 -1 3 A m A A p X p A p 9 p p A m .Ni . V N c1 -1 X - 1 -1 -t -1 -1 1 H p m N 1 ' R> r, 5., n Z I o b CO V m N P0 W N m m p N m i m m X m m m > n m x 0 Nnn . n n nyc Q m m mm m m O m m x A m m CO CO m x m 1...n n R. o Ft c n g; 1D pp A m A b Y A N Omi y V .m+ b N 4NO o A 01 W b O b N O A b m O m !+ V m 0 b O 10 a t0 O� N V W m P m V A m V W m A V V V A V N m P b N m V V 0 O W N O O N N .+ O O W m W O N .+ O O O A W O O m O O N m L V1 W N O A O> b V V A O b O W A V V b m b N N A O b b W V 00000000000000000000 s W W W W W W W W W W W W W W W 00000000000000 O O O O O O m 40-1 4011 4411 4011 400 40-1 4011 N N {011 (0 N N 1011 {0!1 H N (0 N N AMENDED MINUTES REGULAR PLANNING COMMISSION MVMEETING City Council Chambers - City Hall 1201 Leopard Street March 31, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice- Chairman* *Arrived 5:41 James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Miguel S. Saldana, AICP, Senior City Planner Faryce Goode Macon, Assistant Director of Development Services /Planning Lisa Wargo, Senior City Planner Jay Reining, First Assistant City Attorney Lisa Aguilar, City Attorney Elizabeth Johnson, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. B. ZONING 1. New Zoning a. Case No. 0310 -05: John. Carlisle — A change of zoning from the "B -3" Business District to the "1 -2" Light industrial District .969 -acre property located in Laguna Business Center, Block B4, Lot 1, generally located at the northwest corner of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard. Ms. Lisa Wargo, Development Services, presented the above stated case via Powerpoint. Ms. Wargo stated the applicant is John Carlisle. The applicant is requesting to rezone a .969 -acre property located in Laguana Bussiness Center, Block B4, Lot 1 from the "B -3" Business District to the "1 -2" Light Industrial District to allow for an outdoor dog exercise area for an existing Pet Resort Business. The aeriel map shows the subject property which is generally located at the northwest corner of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard. The zoning map shows the subject property is zoned "B -3" Business District and the surrounding zoning Districts are "B -3" to the northeast and west, and "B -3" and Residential Estate to the south. The site existing land use map shows the Commercial Business use on the subject properties and the surrounding existing land uses which are commercial to the north, Public /Semi- Public to the east, vacant to the south, and commercial to the west. The "B -3" Business District allows for commercial and miscellaneous service usage, boat and vehicle storage, mini- storage, bowling alleys, and billiard halls, major and minor auto repairs, etc. The "1 -2" Light Industrial District provides for Light manufacturing, fabricating, warehousing, and wholesale distributing, and allows for outdoor dog runs. -173- Planning Commission Minutes March 31, 2010 Page 2 The future land use map shows the subject property is being planned for commercial use as well as to the north and west of the property, the property to the east is planned for Public /Semi - Public use and the property to the south is planned for estate residential uses the AICUZ map shows the subject property located within an Accident Potential Zone 2. For Department Comments: The requested "1 -2" Light - Industrial Zoning District is not compatible with the Future Land Use Map commercial use designation, but it is compatible with the Naval Joint Land Use Study and the intent of the Flour Bluff ADP which promotes and supports commercial and industrial uses under an APZ #2 zone. The proposed use is not typically associated with the congregation of large crowds and does not further promote residential uses under a Navy designated Accident Potential Zone 1 or 2. Staff recommends approval of the applicant's request to rezone the property to the "1 -2" Light Industrial District. 18 notices were mailed out within the 200 ft. property radius, 4 outside the radius. Four were returned in favor, 1 in opposition and I was returned undeliverable. The property is platted and there have been no CE violations reported onsite. Chairman Garza asked if there were any questions for staff on this particular case. Commissioner Skrobarczyk stated, "Compton is now being plan to he upgraded to go to the other side of Flour Bluff Drive which means Compton would be a major relief for traffic along Padre Island Drive. That whole area appears to be commercial in scope other than the semi- public area. That whole divided little Boulevard in front of the bank is going to be the major retail area of rebuilding Flour Bluff and I just can't believe we would consider putting an "I -2" there. I can possibly see a Special Permit for a particular use with significant screening of that, but that whole area is commercial, which 1 think is a proper plan for that area." In response to Commissioner Skrobarczyk, Lisa Wargo, Development Services, stated, "The Area Development Plan and the Joint Land Use Study promote, industrial and commercial uses in that area. In response to Commissioner Skrobarczyk, Farcye Goode. Macon, Development Services, stated our report is based on the property being located within the APZ 2 zone, but the Commission can alter the recommendation. Commissioner Skrobarczyk, stated "That's why I wanted to hear that input on that joint new study, but there is a difference between commercial and industrial, and we're asking for "I -2 ". In this particular block from Waldron, both sides of Waldron over to that residential area on Stone, that whole area is significant retail and on the other side, both sides of the Bluff are going to be significant retail. Do you know if the staying Commercial there negatively impacts the Navy? I know the residential is what their primarily concerned about." In response to Commissioner Skrobarczyk, Farcye Goode Macon, Development Services, stated the subject property zone is already zoned commercial and it doesn't allow for residential use. With the spectrum of having another layer of conditions, which is an APZ 2, it can take you from that non- residential commercial all the way to industrial. Lisa Wargo, Development Services, stated that the Navy is also concerned with limiting the heights and areas of a large congregation. Commissioner Skrobarczyk stated, "I would suspect you have more room to go up than you do in commercial, but letting them have the facility they would like to have under a Special Permit ,and I'm not -174- Planning Commission Minutes March 31, 2010 Page 3 holding a favor in a Special Permit, but 1 think in this case I don't really want to see "1 -2" on Compton Road." In response to Commissioner Taylor's question, Lisa Wargo, Development Services, stated there was 1 in opposition of this request. It is listed as #4 property shown on the map and there were no comments made by the opponent. Farce Goode Macon, Development Services, stated the mail out sheet has to be produced for the case prior to the agenda mail -out and we accept comments up to the meeting. Commissioner Taylor asked if noise would be a consideration for opposition. In response to Commissioner Taylor, Lisa Wargo, Development Services, stated "We considered the hours and they are not unreasonable. The latest they are open till is 7 PM. Across the street is a Post Office and to the south across from Compton is vacant, which was in favor." Commissioner Martinez proposed consideration of a Special Permit on this property with the owner. Lisa Wargo, Development Services, in response to Commissioner stated "No it has not been brought up, it needs to be suggested by the Commissioners." Farcye Goode Macon, Development Services, stated "We have to tell them to apply for a change in Zoning, they can not apply for a Special Permit. "The applicants would like to get the request they are asking for because the Special Permit has conditions, but it is the decision of this Commission to develop some conditions and that is the only means to go to City Council. Then Council will have 3 different decisions to make which is denial, approval, or the approval of a Special Permit." Commissioner Nadkarni, asked if the owner has to request a Special Permit or can the Commission initiate the request. In response to Commissioner Nadkarni, Farcye Goode Macon, Development Services, stated "The Commission can recommend a Special Permit with conditions attached if desired." Commissioner Nadkarni stated, "Instead of corning up with certain limitations, can staff go back and set up guidelines so Commission is able to do this ?" Farce Goode Macon, Development Services, stated "The applicant is on a timeline and I don't know if you want additional screening that is going to be around existing commercial. There is not going to being any landscaping because the facility is already built. They're just asking to build a dog run, unless your asking for hours of operation of the dog run" Farcye Goode Macon, Development Services further stated you can have the Special Permit say, denial of "1 -2 " and in lieu of retaining the existing "B -3" zoning, plus allow for the additional "1 -2" use, which is a dog exercise area. Chairman Garza asked if anyone else had questions for staff. There was not response to his question. Chairman Garza requested to open public hearing. Public hearing was opened. -175- Planning Commission Minutes March 31, 2010 Page 4 Heather Tarnoski and sister Destiny Tarnoski came forward and stated they are the owners of Bruno's Bath House, and their address is 1217 First National Boulevard in Flour Bluff. Heather Tarnoski stated they are a high end Pet Resort and wanted to reword "The dog run" then to mean "outside fence area" for a playground for dogs. As far as noise goes, they said the residential estate areas is a vacant lot right now, and the City did require the to put up a 6 ft sound proof wall when they did their landscaping permit, which they did. Additionally, they stated that they have been open for 3 years and built it based on the idea that they wanted an amazing and clean business. Destiny Tarnoski stated "It's not a typical kennel; they have the dogs on a daily schedule. All the dogs are usually inside and go outside for playtime with a trainer. They are never outside by themselves. It's very clean and supervised." Commissioner Skrobarcyk, stated "If we up zone or down zone to "1 -2" you may decide to sell your facility later and that would be a downfall for that area in the future." Heather Tarnoski stated "We understand that and we preferred to stay with "B -3 rather than change to "I- 2, but when we requested for the outside fenced in area for dogs to play, they said rezoning was our only option." Commissioner Skrobarcyk, stated "at this point we can propose a Special Permit with as few restrictions as possible to meet your needs. In response to Commissioner Martinez's question, Heather Tarnoski stated they are a Hotel for dogs. They also offer dog grooming and bathing, and dog daycare. They average about 30 dogs daily. Sometimes they have dogs stay overnight in their own room like a private suite, but the pets are never left outside by themselves. They also have room service and massages. The sooner we can get a Special Permit, the better it would be for our facility and would be very appreciated. Commissioner Kelly stated she is ready to make motion. Commissioner Huerta asked "How many dogs at a time are brought outside for playtime and what are the hours of operation ?" In response to Commissioner Huerta's question, Heather Tarnoski, stated "They are divided into two groups, 12 -15 dogs outside and 12 -15 dogs inside. The hours are from 7 AM to 7 PM, but are outside till about 6:30 or 6:45 because then they are brought inside for nap time. Also, there have been no complaints since they have been open." Chairman Garza asked if there were any more questions on this dicussion. No questions were asked. Public hearing was closed. Commissioner Kelly motioned to move that in lieu of approval of "I -2" zoning, that the "B -3" zoning along with all applicable uses for the district remain in place, along with a recommendation for a Special Permit to allow for the construction of a dog exercise area onsite. Commissioner Taylor seconded that. Motion passed unanimously. H : \PLN- DiR\SHARED\ZONING \PLANNING COMMISSION \MINUTES\201003 -31 -10 MINUTES.DOC -176- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JOHN CARLISLE, BY CHANGING THE ZONING MAP IN REFERENCE TO .969 ACRES OUT OF LAGUNA BUSINESS CENTER, BLOCK B4, LOT 1, FROM "B -3" BUSINESS DISTRICT TO "B -3 /SP" BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW A CHANGE IN LAND USE FROM PET RESORT BUSINESS TO A PET RESORT BUSINESS WITH OUTDOOR DOG WALK AREA, SUBJECT TO A SITE PLAN; 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 John Carlisle, 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 31, 2010, during a meeting of the Planning Commission, and on Tuesday, May 11, 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 .969 acres, located in Laguna Business Center, Block B4, Lot 1, approximately located at the northwest corner of the intersection of First National Boulevard and Compton Road, at 1217 First National Boulevard, from "B- 3 "Business District to "B3 /SP" Business District with a Special Permit to allow Pet Resort Business with outdoor dog walk area, subject to a site plan, attached. (Zoning Map 35032) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to no 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. H:\ LEG- DIR\Shared \LEGAL- DEV.SVCS12010 Agenda \5 -11 -10 \CASE NO. 0310 -05 JOHN CARLISLE\ORD- Zoning.0310- 05. Specia (. Permit. PC&Staff. Doc —177-- Page 2 of 3 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 day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: May , 2010 Deborah - Walther Brown Assistant City Attorney For City Attorney H:\ LEG -DIR \Shared \LEGAL- DEV.SVCS\2010 Agenda \5 -11 -10 \CASE NO. 0310 -05 JOHN CARLISLE\ORD-Zoning.0310- 05. S pecial. Perm it. PC&Staff. Doc —178— 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, 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\5 -11 -10 \CASE NO. 0310 -05 JOHN CARLISLE \ORD-Zoning.0310- 05. S pecial. Perm it. PC &Staff. Doc —179— 26 r, 0 23 25* - 400 800 ee CASE #0310-05 PLANNING COMMISSION & STAFF RECOMMENDATION EXHIBIT A From: B -3 To: 1 -2 In Lieu of Special Permit ORDINANCE: Denial of tuf,e2C, Pf $p?ted Br: : -180- OCATION M4P 17 NO ATTACHMENT FOR THIS ITEM CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/11/10 AGENDA ITEM: A.) ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, SECTION 2 -287 REGARDING MEMBERSHIP OF MAYOR'S FITNESS COUNCIL, TO PROVIDE FOR APPOINTMENT OF MEMBERS BY THE MAYOR WITH APPROVAL OF THE CITY COUNCIL, AND TO ADD TWO AT -LARGE MEMBERS FOR TOTAL OF 13 MEMBERS; AND DECLARING AN EMERGENCY. B.) CONSIDERATION AND APPOINTMENT OF MEMBERS TO THE MAYOR'S FITNESS COUNCIL ISSUE: The ordinance regarding the Mayor's Fitness Council needs amendment to clarify that the appointments are made by the Mayor with approval of the Council, and to add two new at large members, for a total membership of 13. REQUIRED COUNCIL ACTION: City Council approval is required for amendments to ordinances. PREVIOUS COUNCIL ACTION: Council approved Ordinance 028525 which established the Mayor's Fitness Council on March 23, 2010. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Ordinance. Angela Rowe, Pride /Clean City Coordinator angelamr a(�cctexas.com 361 - 826 -3673 Attachments -187- c. Margie C. Rose, Assistant City Manager margierc cctexas.com 361- 826 -3232 BACKGROUND INFORMATION A minor adjustment must be made to the ordinance in order for the Mayor's Fitness Council to be chartered. All appointments are made by the Mayor with Council approval. There will be an addition of two members representing at -large seats on the Mayor's Fitness Council. -188- MAYOR'S FITNESS COUNCIL — Eleven (11) vacancies with terms to 5 -11 -11 and 5- 11-12 representing the following categories: 1 — Veteran's Wellness, 1 — Corporate Initiatives, 1 — Health Care/Medical Professionals, 1 — Worksite Wellness, 1 — College/University, 1 — Disability Networks, 1 — Faith Based Partners, 1 — Senior Citizen Wellness, 1 — Youth/After School Programs, 1 — Community Outreach/Special Events, and 1 — Governor's Advisory Council on Physical Fitness Liaison. (Appointed by the Mayor with approval of the Council) (Note: If amendment to the ordinance is approved, the Mayor will appoint two (2) additional at -large members.) DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance health living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. COMPOSITION: The committee shall consist of eleven (11) members and shall be composed of the following categories: Veteran's Wellness, Corporate Initiatives, Health Care/Medical Professionals, Worksite Wellness, College/University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth/After School Programs and Community Outreach/Special Events. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. THE FOLLOWING INDIVIDUALS ARE THE MAYOR'S RECOMMENDATIONS: Jane Bell Crystal Campos, MD Johnny Canales Director, American Diabetes Association. Received a Bachelor of Journalism from the University of Texas at Austin. Activities include: Catholic Charities, Coastal Bend Diabetes Initiative, John Paul II High School, Junior League Community Advisory Board, and Ch. 3 Be Safe Advisory Board. (Disability Networks) (3- 25 -10) Physician, Christus Spohn Medical Group. Received BS at St. Mary's University, Doctor of Medicine from University of Texas Medical Branch at Galveston and Attended Corpus Christi Family Practice Program. Adjunct Assistant Professor UTMB, Medical Consultant UTCOP, and Director of Frontera De Salud- Coastal Bend Region. Activities include: American Academy of Family Physicians, American Medical Association and Texas Medical Association. Recipient of President's Cabinet Award - Frontera De Salud and Corpus Christi Under 40 Honoree. (Health Care/Medical Professionals) (4- 28 -10) TV Host, The Johnny Canales Show. Served in the 3rd Infantry Division of the United States Army. Activities include: American G I Forum. Johnny Canales Chapter. (At Large) (5 -6 -10) -189- Marc Cisneros Rex A. Kinnison D. Scott Elliff Timothy M. Fitzpatrick Rick Hayley CEO, Kenedy Memorial Foundation. Retired, Lt. General, United States Army. ROTC Distinguished Graduate of St. Mary's University in San Antonio, Texas. Activities include: Bush School of Government and Public Service Advisory Board Member. Recipient of Combat Infantry Badge and Distinguished Service Medal. (Veteran's Wellness) (3- 12 -10) Owner, Kinnison & Co., LLC. Received BBA from University of Mississippi. Former City Council Member. (Corporate Initiatives) (3- 12 -10) Superintendent, Corpus Christi Independent School District. Former Teacher and Administrator for CCISD. Received a Bachelor of Science and Masters of Science from Corpus Christi State University. Currently Enrolled in the Doctoral Program in Educational Leadership at Texas A &M University - Corpus Christi. (Youth/After School Programs) (3- 26 -10) Director of Athletics, Texas A &M University - Corpus Christi. Received Bachelor of Arts from Hampden - Sydney College in Virginia and Master of Sports Administration and Facility Management from Ohio University at Athens, Ohio. (CollegelUniversity) (3- 25 -10) Owner, Hayley Builders, Inc. Received BS from Texas A &M University- College Station. Activities include: Builders Association of Corpus Christi, Texas Association of Builders, National Association of Home Builders, KIIITV3 Be SAFE from Diabetes, Governor's Physical Fitness Advisory Council, Texans for Advancement of Medical Research and USO. (Governor's Liaison) (3 -11- 10) Judy Lapointe Jennings Owner, Medical Rehab Supply and the Healthy U Show. Received a BA in Political Science from University of Central Oklahoma. Activities include: NSIDE MD Magazine. (Senior Citizen Wellness) (3- 15 -10) Father Joseph Lopez Chancellor, Diocese of Corpus Christi. Received BA in Philosophy from St. Charles Borromeo in Philadelphia, Pennsylvania and Masters and Masters /License from St. Thomas Aquinas "Angelicum" in Rome, Italy. (Faith Based Partners) (4- 30 -10) -190- Grete McBath Venessa Santos -Garza Wade Spenst Self - Employed, Dietician and Diabetes Educator. Received BS in Nutrition and Diabetics from Texas Christian University in Ft. Worth, Texas and MPH from Texas A &M University - College Station. Activities include: American Diabetes Association- President, Nutrition Consultant, and PTA. (Worksite Wellness) (3- 31 -10) Director of Sales, Corpus Christi Chamber of Commerce. Owner, Legacy Media. Attended Del Mar College. Activities include: Bayfest, Amistad Community Health Center, Mambo By the Bay Latin Dance Festival and Third Coast Salseros Dance Company. (Community Outreach/Special Events) (3- 19 -10) Owner, Platypus Fitness Center. Received BS in computer Information Systems from Valley City State University and MS in Exercise Physiology/Kinesiology from Texas A &M University- College Station. Activities include: National Institute of Sports and .Texas Health Racquet Sports Association. Recipient of Certificate of Commendation for "Outstanding Contributions to the Texas A &M Strength and Conditioning Program" Award. (At Large) (4- 27 -10) -191- AN ORDINANCE AMENDING THE CODE OF ORDINANCES SECTION 2 -287 REGARDING MEMBERSHIP OF MAYOR'S FITNESS COUNCIL, TO PROVIDE FOR APPOINTMENT OF MEMBERS BY THE MAYOR WITH APPROVAL OF THE CITY COUNCIL, AND TO ADD TWO AT -LARGE MEMBERS FOR TOTAL OF 13 MEMBERS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees Mayor's Fitness Council, Section 2 -287 Membership, is amended as follows: "DIVISION 214 30. MAYOR'S FITNESS COUNCIL * * * * Sec. 2 -287. Membership; terms; filling vacancies; ex- officio members. (a) The committee shall consist of cicvcn (11) thirteen (13) members, to be appointed by the Mayor with the approval of the City Council. The committee shall consist of individuals representing the following categories: Veteran's wellness, Corporate Initiatives, Health Care /Medical Professionals, Worksite Wellness, Colllege /University, Disability Networks, Faith based partners, Senior Citizen wellness, Youth /after school programs, an- cCommunity outreach /special events and two (2) at large members. A liaison from the Governor's Advisory Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. (b) Of the initial members, seven (7) eight (8) members shall serve a two -year term and four--(4) five (5) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the replacement shall be appointed by the Mayor with approval of the City Council - - - - : - to fill the unexpired term. (d) Ex officio members will include Director of Parks & Recreation, and the Director of the City County Public Health District." 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: May 3, 2010 ,? Lisa Aguil�r,/Assistant City Attorney H: \LEG- DIR \Lisa\2010 Ordinance \Mayor's Fitness1 ncil v2.DOC> 1 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 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/11/10 AGENDA ITEM: A.) ORDINANCE: AMENDING CODE OF ORDINANCES SECTION 2 -233 TO INCREASE MEMBERSHIP OF CLEAN CITY ADVISORY COMMITTEE BY ADDING TWO AT -LARGE MEMBERS FOR TOTAL MEMBERSHIP OF ELEVEN MEMBERS; AND DECLARING AN EMERGENCY. B.) CONSIDERATION AND APPOINTMENT OF MEMBERS TO THE CLEAN CITY ADVISORY COMMITTEE ISSUE: The Clean City Advisory Committee recommends adding two at large members to represent a broader range of the community. REQUIRED COUNCIL ACTION: City Council should consider the amendment to the ordinance. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends the increase of two at large members to the Clean City Advisory Committee to represent a broader range of the community. 4 PZ149-e f C - �'i1C.BO�¢/ Angela owe, Pride /Clean City Coordinator Margie C. ose, Assistant City Manager angelamr(a�cctexas.com margier(a cctexas.com 361- 826 -3673 361- 826 -3232 Attachments —197— BACKGROUND INFORMATION On April 1, 2010, during a regular meeting of the Clean City Advisory Committee, the committee voted to add two additional members to the committee. -198- CLEAN CITY ADVISORY COMMITTEE — Two (w) vacancies with terms to 7 -8 -11 representing the following category: 2 — community at large representatives. (Note: If amendment to the ordinance is approved, Council will appoint two (2) additional at- large members.) DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of nine (9) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and five (5) community at large representatives. Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. ORIGINAL MEMBERS TERM APPTD. DATE Paul A. Castorena (Educator) 07 -08 -10 07 -08 -08 Scot McCampbell Barker (Chamber) 07 -08 -10 06 -09 -09 Brian Cornelius (Hauler) 07 -08 -10 07 -08 -08 Daiquiri Richard (Beautify), Chair 07 -08 -11 07 -08 -08 Paige Dinn (Comm. at Large) 07 -08 -10 07 -08 -08 ** *John Elford (Comm. at Large) 07 -08 -11 07 -08 -08 Teresa Klein (Comm. at Large) 07 -08 -11 02 -24 -09 * * *Mike11 Smith (Comm. at Large), Vice 07 -08 -11 07 -08 -08 Joan Veith (Comm. at Large) 07 -08 -10 07 -08 -08 Director of Neighborhood Services Ex- officio, non - voting Director of Environmental Services Ex- officio, non - voting (The Clean City Advisory Committee is recommending the new appointments of Daniel Lucio and Juan Rodriguez.) INDIVIDUALS EXPRESSING INTEREST Sara D. Baugh Owner/Vice President, Dash Truck & Equipment Sales, Inc. Attended Texas A &M Corpus Christi, Del Mar College, Austin Community College and Kingwood College. Activities include: Calallen Baptist Church, Relay for Life, and Buccaneer Days. (7- 11 -08) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation -199- Beverly Benavidez Erica Graeber Bowen Angelica Carmona Aaron Castro Virginia A. Delgado Melissa Espitia Becky Flores Dana Fowlks Shannon Gabriel Student. Received Associate of Science and Bachelor of General Studies from Drury University at Springfield, Missouri. Recipient of Army Commendation, Army Achievement and Army Good Conduct Medals. (3 -2 -09) Human Resource Specialist, United States Coast Guard. Received A.S. in Business and B.S. in Business Management from University of Phoenix. (2- 12 -09) Salon Manager, Planet Sol Hair Salon. Attended Texas A &M University - Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Photo Journalist, KZTV 10. Currently Student at Texas A &M University - Corpus Christi. Served on Food Advisory Committee in High School. Activities include: Politics. Recipient of Employee of the Month at Action Ten News. (5- 11 -09) Human Resources Coordinator, Corpus Christi Medical Center. Received Associates in Business Administration from Del Mar College. Attending Texas A &M University- Corpus Christi. Activities include: CCD Teacher, Hispanic Chamber of Commerce, Hispanic Women's Network of Texas, and Texas A &M University - Corpus Christi Student Accounting Society. (9 -3 -09) Ad Sales Coordinator, USDM.net. Attended Texas A &M- Corpus Christi University. Formerly Volunteered with Big Brothers, Big Sisters. (9 -4 -09) Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) Product consultant, TriZetto Group. Received a Bachelor's Degree in Science Information Systems from the University of Phoenix. Activities include: CC Pride Day. (1- 20 -10) 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) -200- Mike Garey Anthony Gavlik John C. Gilbreath Diane Gordon -King Austin Harbin James Hobbs Ken Hobbs, Jr. 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) Retired. Attended Oklahoma State University at Stillwater, Oklahoma, East Los Angeles College at Los Angeles, California, Tulsa Junior College and Langston University at Tulsa, Oklahoma. Activities include: South Texas Botanical Gardens, Nueces County Master Gardener, Corpus Christi Order of De Molay, Oso Naval Lodge, Corpus Christi Order of Eastern Star and Corpus Christi York Rite. Recipient of De Molay Legiion of Honor. Served on Planning Commission and City Council in West Fork, Arkansas. (9 -8 -09) Executive Coordinator, Padre Isles Property Owners Association. Attended College. Activities include: Church Finance, Communications and Evangelism Committees. (8 -6 -09) 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) Administrator, Corpus Christi Medical Center. Received a Bachelor of Science in Nursing, Master of Science in Nursing, and Master of Business Administration from University of Texas at El Paso. Actively Recycles and Composts Yard Waste. (10- 28 -09) Assistant/Safety /Environmental Manager, H & H Iron and Metal, Inc. Attended OSHA and TCEQ Seminars Regarding Recycling and Environmental Impacts of Solid Waste. (6 -3 -09) —201— Cynthia Hopkins William Paul Hunt Science Teacher, Corpus Christi Independent School District. Received BA in Political Science from the American University at Washington DC. Activities include: Cubmaster Pack 232, AWANA Commander, Sunday School Teacher, Homeschooling Organization of South Texas, and Kaffie Middle School PTA. Recipient of Silver Beaver Award South Texas Council Boy Scouts of America. (5 -8 -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) Bennel Jackson Semi - Retired, Nurse. Activities include: Pilgrims Baptist Missionary Church. (3- 10 -10) Jacey Jetton Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18 -09) Danny Kollaja William M. Kramer, Jr. Sally Ann Lewis Self - Employed, Lanky the Clown and Administrator, St. Philip the Apostle Catholic Church. Received a Bachelors Degree from Corpus Christi State University. Activities include: Big Brothers/Big Sisters, American Red Cross, American Heart Association, Corpus Christi State School, Clowns of America International, Inc. and Driscoll Children's Hospital. Recipient of Volunteer of the Year, 1985. (4- 22 -10) Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A &M University - Corpus Christi. (5- 28 -09) Educational Technology Consultant, Pearson. Received an Associates Degree in Psychology from Del Mar College. Received a Bachelor's 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) -202- Daniel R. Lucio Christie Martinez Rudy Martinez Ron Maxwell Peter G. Melve Program Coordinator, Coastal Bend Bays Foundation. Received BA in Psychology from University of Texas at Brownsville and Currently Enrolled in MPA Program at Texas A &M University - Corpus Christi. Activities include: Hispanics for the Advancement of Community and Educational Readiness, STAND- Texas A &M University- Corpus Christi, Career Explorers Program, City of Corpus Christi Economic Stimulus Project, Clean Economy Coalition Surfrider Foundation and Delta Chi. (2 -9 -10) OWP -Clerk IV, State of Texas Health and Human Services Commission. Received a Bachelors in Finance from Texas A &M University - Corpus Christi. Activities include: HHSC Volunteer Committee -Flynn Parkway. (4 -8 -10) Physician's Liaison, Nurses on Wheels. Attended Del Mar College and University of Phoenix -On Line. Activities include: Board of Directors - American Cancer Society, Board of Directors — Friends of Nurses on Wheels Hospice and Vice Chair -Beach Ball -Texas State Aquarium. (9 -2 -09) Self - Employed, Landscape Contractor, Master Gardner. Received BS in Plant and Soil Science from Texas A &I University at Kingsville. (4- 30 -10) 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) Janice Meyr President, B & R Supply and Equipment Co., Inc. Retired CPA. Received a BBA from University of Texas at San Antonio. Activities include: Bay Area Fellowship Church. (1- 28 -10) Mohamad Omar Self - Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (10 -6 -09) Keith Parker 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) -203- Meghan Reger James M. Richardson Cesar O. Rodriguez Juan Rodriguez Amber Sayre Estella Sears Cookie Silverman Gloria Sykes - Saucedo Greg Welch Dan Wilkerson Teacher, Corpus Christi Independent School District. Received Bachelor of Science from Linfield College at Portland, Oregon and Masters of Public Health from Emory University at Atlanta, Georgia. Activities include: Neighborhood Clean Up. (11- 18 -09) Vice - President, Tac Med, Inc. Attended College. (2 -9 -10) General Manager, Oneta Company. Received BS in Administrative Science /Economics from Yale University at New haven, Connecticut and MBA from Harvard Graduate School of Business Administration at Boston, Massachusetts. Activities include: Yale Alumni Schools Committee. (8- 10 -09) Chief of Interpretation and Education, Recycling Coordinator, Padre Island National Seashore. Received BA in History from Florida International University. Activities include: JCC and Congregation Beth Israel. Recipient of United Hospital Fund Volunteer Award and Star Awards. (1- 22 -09) Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Received BA in Business from Judson University, Rockford, Illinois. Formerly Involved with Rockford Carer College Hispanic Festival Expo, Rockford Register Star Brigade, Judson University Cohort Class president, and Chamber of Commerce Board Member/Director in Kirkland, Illinois. (11- 30 -09) Homemaker. Attended Texas Tech University. Activities include: Alpha Child and Board of Directors — Jewish Community Center. (9 -2 -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) Business Development Director, Valiant Petroleum, Inc. Received Bachelor of Science from University of South Alabama and Masters of Business Administration from Auburn University. Activities include: March of Dimes and American Heart Association. (10 -7 -09) Financial Associate, Thrivent Financial. Attended College. Activities include: Beautify Corpus Christi Board Member. (10 -8 -09) -204_ W. G. West Laurie Wood Retired. Received Bachelor of Arts from University of Texas at Austin. Activities include: MayoArea Agency on Aging Advisory Council, Mayor's Council on Senior Affairs, Volunteer Co- Ordinator for Nueces County Juvenile Justice and SCORE. Recipient of Lifetime Achievement Award from Volunteer Center, Juvenile Justice Department, Jefferson Award, Greatest Generation Award. (9 -9 -09) Registered Nurse. Activities include: Clean Economy Coalition Community Outreach and Celtic Menagerie. (4- 5-10) Janet Zuniga Senior, West Oso High School. Activities include: Student Council and Interact Club. (5- 29 -09) -205- 1 AN ORDINANCE AMENDING CODE OF ORDINANCES SECTION 2 -233 TO INCREASE MEMBERSHIP OF CLEAN CITY ADVISORY COMMITTEE BY ADDING TWO AT -LARGE MEMBERS FOR TOTAL MEMBERSHIP OF ELEVEN MEMBERS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees Division 21, Clean City Advisory Committee, Section 2 -233 Membership, is amended to read as follows: "DIVISION 21. CLEAN CITY ADVISORY COMMITTEE * "Sec. 2 -233. Membership; terms; filling vacancies; ex- officio members. (a) The committee shall consist of nine (9) eleven (11) members. Of the nine (9) eleven (11) members, one (1) shall be an educator in a primary, secondary, or high school within the city; one (1) shall be a member of a local chamber of commerce; one (1) shall be a commercial solid waste hauler; one (1) shall be a member of the Beautify Corpus Christi Association; and the remaining five (5) seven (7) members shall represent the community at large. (b) Of the initial members, five (5) members shall serve a two -year term and four (4) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the appointment of a new member shall be to fill the unexpired term. (d) The director of neighborhood services, or the director's designee, and the director of environmental services, or the director's designee, shall serve as ex- officio members of the committee without vote." 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. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: May 3, 2010 Lisa Aguilat 4ssistant City Attorney H: \LEG- DIR \Lisa\2010 Ordinance \Clean City.DOC —20 6 - 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 20 AGENDA MEMORANDUM City Council Action Date: May 11, 2010 SUBJECT: H. E. B. Pool Complex Replacement BOND ISSUE 2008 (Project No. 3390) CIP 2010 No: PR 20 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Progressive Structures of Corpus Christi, Texas, in the amount of $2,040,000 for H. E. B. Pool Complex Replacement for the Base Bid. BOND ISSUE 2008 ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation. A construction contract is required to complete the construction phase; and requires City Council approval. CLK Architects was initially selected for this project through Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects. On March 24, 2010, the City received proposals from four (4) bidders (see Exhibit "C" Tabulation of Bids). The bids range as follows: Base Bid from $2,040,000 to $2,275,000 Additive Alternate No. 1 from $120,000 to $129,500 Additive Alternate No. 2 from $23,400 to $39,000 Additive Alternate No. 3 from $8,000 to $39,000 Additive Alternate No. 4 from $5,720 to $16,000 Additive Alternate No. 5 from $45,000 to $51,500 The Base Bid provides for demolition of existing swimming pool and flatwork. Demolition of existing pump room and foundation. Construction of new swimming pool with zero depth entry. Construction of new sprayground area. Construction of new pump room, vending area, party room, and family bathroom with shower. Repairs to existing structures and renovation of office space. Additive Alternate No. 1 provides for open flume waterslide. Additive Alternate No. 2 provides for five (5) shade umbrellas. Additive Alternate No. 3 provides for all work necessary to seal coat the existing parking lot along Shelly Street, and re- striping. Additive Alternate No. 4 provides for all work necessary to paint existing buildings metal roof and louvers. Additive Alternate No. 5 provides for all features denoted as Phase II for the spray ground area, including piping and embeds. The estimated cost of construction is $1,718,586. The City's consultant, CLK Architects and City staff recommend a contract be awarded to Progressive Structures in the amount of $2,040,000 for the H. E. B. Pool Complex Project. FUNDING: Funding is available from the Parks and Recreation Capital Improvement Budget FY 2010. —211— H: \HOME\VefmaP \GEN \PARKS & REC\3390 NEB POOL COMPLEX\CONSTRUCTION\2 AGENDA MEMO.doc RECOMMENDATION: Staff recommends approval of the motion as presented. Stacie Talbert Interim Director of Parks and Recreation 361- 826 -3476 staciet o(�cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Tabulation of Bids Project Budget Location Map Power Point Presentation a/1 (mete Anaya, P.E. Director of Engineering Services 361- 826 -3781 peteancctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: H. E. B. Pool Complex Replacement BOND ISSUE 2008 (Project No. 3390) CIP 2010 No: PR 20 PROJECT DESCRIPTION: • Demolition of existing swimming pool and flatwork • Demolition of existing pump room and foundation • Construction of new swimming pool with zero depth entry • Construction of new spray ground area • Construction of new pump room, vending area, party room, and family bathroom with shower • Repairs to existing structures and renovation of office space The swimming pool's zero depth entry will permit persons with disabilities to enter the swimming pool, and enjoy all of the elements the swimming pool has to offer. The new spray ground area will serve as a first -time amenity for the City's public swimming pools. Special spray elements located within the spray ground area and the swimming pool will allow children to play and enjoy the water. There will be areas where parents can sit under umbrellas as they watch their children enjoy the swimming pool. The new family bathroom with shower area will accommodate change of clothes in a family - friendly area. PROJECT BACKGROUND: H.E.B. Pool was constructed in 1953. Sidewalk improvements around the pool area were complete in 1954. Replastering of the swimming pool walls and floor was complete in 1960. Concrete coping repairs around the edge of the swimming pool were complete in 1963. In the summer of 2007, H.E.B. Pool closed. Final closure of the H.E.B. Pool was due in large part to excessive operational costs of maintaining excessive plumbing leaks. Yearly pipe repairs became repeated maintenance events throughout the summer months. Re- occurring repairs to plumbing leaks served as temporary fixes; and as a result maintenance and swimming pool chemical treatment costs increased. The proposed project was submitted onto the Bond Issue 2008 package for improvement and rehabilitation of the facility. BID INFORMATION: Good competition was received for the project with bids submitted on Mach 24, 2010 from four (4) contractors. The Base Bids range as follows: Base Bid Additive Alternate No. 1 Additive Alternate No. 2 Additive Alternate No. 3 Additive Alternate No. 4 Additive Alternate No. 5 from from from from fro m from $2,040,000 to $120,000 to $23,400 to $8,000 to $5,720 to $45,000 to $2,275,000 $129,500 $39,000 $39,000 $16,000 $51,500 The Base Bid provides for demolition of existing swimming pool and flatwork. Demolition of existing pump room and foundation. Construction of new swimming pool with zero depth —213— H: \HOME\VelmaP \GEN\PARKS & REC \3390 NEB POOL COMPLEX\CONSTRUCTION\3 AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 2 entry. Construction of new sprayground area. Construction of new pump room, vending area, party room, and family bathroom with shower. Repairs to existing structures and renovation of office space. Additive Alternate No. 1 provides for open flume waterslide. Additive Alternate No. 2 provides for five (5) shade umbrellas. Additive Alternate No. 3 provides for all work necessary to seal coat the existing parking lot along Shelly Street, and re- striping. Additive Alternate No. 4 provides for all work necessary to paint existing buildings metal roof and louvers. Additive Alternate No. 5 provides for all features denoted as Phase I I for the spray ground area, including piping and embeds. The consultant's estimated cost of construction is $1,718,586. The low bid was submitted by Progressive Structures of Corpus Christi, Texas. See Exhibit "C" Tabulation of Bids. The City's consultant, CLK Architects & Associates, Inc., and City staff recommends that the construction contract be awarded to Progressive Structures in the amount of $2,040,000 for the Base Bid for the H. E. B. Pool Complex Replacement Project. CONTRACT TERMS: The project is estimated to require 320 calendar days, with completion anticipated in April 2011. —214— EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: H. E. B. Pool Complex Replacement BOND ISSUE 2008 (Project No. 3390) CIP 2010 No: PR 20 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) 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. May 19, 2009 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with CLK Architects & Associates, Inc. of Corpus Christi, Texas, in the amount of $273,817 for the H. E. B. Pool Complex Replacement for design, bid and construction phase services. (Motion No. M2009- 129) 4. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). —215— H: \HOME \VelmaP \GEN \PARKS & REC13390 HEB POOL COMPLEX\CONSTRUCTION\4 AGENDA PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 1 0 4 04 A N d A E w W N Y M 0 W ..,,.o .a, ...a,up,ca,un. JAY !.dl uays DLP Group 1891 CR 26 Corpus Christi. TX 78415 AMOUNT 0 0 o It n N W 0 o 0 o N N M 0 O 0) N H 532,500.00 o 0 o O) 0 00 O {0 W 00 0 O) N 00 o a 0�) N W U 0. _H 2 p 0 O o o N N N 4) 0 O O 0i 0 0 O N N 0 O Co O 0) W 00'000'91$ 0 O 00) 0) 69 Barcom Commercial 5826 Beal Lake Lane Corpus Christi, TX 78405 AMOUNT 0 p N O N N 4/ 0 0 0 N N 49 0 O Q1 N o o b N 69 0 o W W 0 o 69 0 op ,r1 V) 41 52,422,100.001 W V C a 1- E $2,201,500.00 O O O N i9 0 O O O o N 69 0 O 0 69 0 O H 0 O o 1 )[) w Journeyman Construction, Inc. 13330 Leopard, Suite 24 Corpus Christi, TX 78410 TAMOUNT 00 o o 0 - A o N 4! 00. O 00 0 )i: e 49 M 00 0 0 o 69 00 0 0) 69 00 0 00 < 6 00 0 0 t0 vs 00 0 00 1f) 69 7 112,331,000.001 UNIT PRICE o 0 o m o w o 0 00 N 0 0 00 al w) 00 0 0 00 N 69 00 0 0 699 0 0 00 a w Progressive Structures 8133 Ayers St. Corpus Christi, TX 78427 AMOUNT 0 o o d a O N K 0 0 O 0 0a O N N 00 O o al 49 0 0 O C ei N 69 00 o < W 69 o A 43 0 O N v id H 0 0 O 0- ui in N N N UNIT PRICE o o o o v 0 N H $122,000.00 o 8 a 4') N 4) 0 o v m 69 0 N 0- U) w 0 8 N 01 v 41 H. E. B. POOL COMPLEX REPLACEMENT PROJECT NO. 3390 BOND ISSUE 2008 ~ Z 0 W J )TAL BASE BID VJ GO J N J y J f/ J )TAL BASE BID PLUS ADDITIVE ALTERNATES 0 4SE BID .L WORK NECESSARY AS SHOWN 0 )NSTRUCTION DOCUMENTS FOR Demolition o 'sting swimming pool and tlatwork. Demolition o isting pump room and foundation. Construction of n: rimming pool with zero depth entry. Construction of n rayground area. Construction of new pump room .nding area, party room, & family bathroom with shower. 'pairs to existing structures and renovation of offic- ace. )DITIVE ALTERNATE NO. 1 ROVIDE OPEN FLUME WATERSLIDE AS SPECIFIED SECTION 13150 & 13155. PRICE TO INCLUDE )UNDATION AND ALL REQUIRED ACCESSORIES. DDITIVE ALTERNATE NO. 2 R lif DE (5) ADDITIONAL SHADE UMBRELLAS AS P IED ON SECTION 13130. PRICE TO INCLUDE ) ATION AND ALL REQUIRED ACCESSORIES. DDITIVE ALTERNATE NO. 3 ROVIDE ALL WORK NECESSARY TO SEAL COAT TO KISTING PARKING LOT ALONG SHELLY ST. AND ESTRIPPING. DDITIVE ALTERNATE NO. 4 ROVIDE ALL WORK NECESSARY TO PAINT EXISTING JILDINGS METAL ROOF AND LOUVERR AS 'ECIFIED ON SECTION 09900. DDITIVE ALTERNATE NO. 5 ROVIDE ALL FEATURES DENOTED AS "PHASE II" )R SPRAYGROUND. All feature piping and embeds call be included in the base bid for the sprayground. GYL.IIQIT iI PROJECT BUDGET H. E. B. POOL COMPLEX REPLACEMENT BOND ISSUE 2008 Project No. 3390 May 11,2010 FUNDS AVAILABLE: Parks and Recreation CIP 2010 Year 1 (PR 20) $1,806,500.00 Parks and Recreation CIP 2010 Year 2 (PR 20) $693,500.00 Total... $2,500,000.00 FUNDS REQUIRED: Construction (Progressive Structures) $2,040,000.00 Contingencies (5.6 %) 115,183.00 Consultant (CLK Architects) 273,817.00 Reimbursements 61,000.00 Misc. (Printing, Advertising, etc.) 10,000.00 Total $2,500,000.00 —217— EXHIBIT "D" Page1 of 1 File : \ Mproject \councilexhibits \exh3390.dwg PROJECT LOCATION 7/ VICINITY MAP NOT TO SCALE PROJECT #3390 EXHIBIT "E' H.E.B. POOL COMPLEX REPLACEMENT -218- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 5 -11 -2009 Coiuci I Prrt ttia Mayll2010 . _ _„, c a) co m L c u) a) -a _ 13 � � L O = 0 ca - ._ ._ a) 0 c) O w u) O to cs < cO Co C.O LL = 0) a) a) a) a) a) a) a .47. 2 0 0 0 0 Ts.' 0 0 2 ooa.a.a.a.aOIOIO A A A A A A A A A N Background was constructed O L O 0.) O = v ki■ . a -a - o _a = V m co o_ _ci) 2 a) . _c ca v O 1-. c o 0 a) o s- = a) "ow a) IS u) 4-1 O 4 O = L O O u co ci) ci) 0) a$ CU s. -0 \ 'cTs a) O CD 0- O -a 0- a) o ...../ CO CL ._ CD -C O .6 O °- 1 1 1 0 1= I M 41 CU O 0- M m I` LO LO O O i 0 0 L 0 Q - — co N • • • • • O I }i i ■ CD -a E . c. CD o C.) o 0- a) .__ CD 00 E W p E a) N N co • O — O co x a, o a) 46 C o O 0 = v ,0 O (1) �= a O we t co 'o 0 ■ L W 0 • = A O .171 CU ma _ M 4- ma CU E 0 0 0 a) N 0 0 O- a) .__ E c o. a) ca a) .co c a) 0 0 =. o c .— L. o ti AEI .471 m •— L a) o to. .c E _a o t�-0 cli a) L. co -o m 0 a) >+ as 8. u) a) 0 ,o c.) L. 17; _ 0 0 ci ■ L L CD C 0) 0 =s Zi• s a) :1' > § Eo O 0 O L cp. -ti, E 15 o. >% a) E as _1 013 _CU O . E 15 o m L 17). >% o as 0 0- 46 _ O > _ o as co c — 4-1 a) �a L. _ § m `A)o a a) w M W 0 vi i i 0 = mimi l'iu) as(j 8 ._ _ .- taco o8° co u) %.• L. ._ a) .- .— �0 co • • • • • ti a) m a) 0 0 a) O L a A e- 0 v O . • = 1 IP1 = $ 2,500,000.00 $ 2, 040, 000.00 Prc:tCost . Approved Budget • Construction Costs CD CD O O O O C'7 I: O CO ,- O CO O 145 Cri- C.fl N 69- 603 bg 0 0 0 0 0 0 In o (3) C) • a) E 'E's i 2 2 o m H u- . • • 0) H.E.B. Swimming Pool Complex Replacement Project - Bond 2008 Zero Depth 10 f ■ ■Ar∎0." ION A/1 Po* i t� 21 CITY COUNCIL AGENDA MEMORANDUM Agenda Date: May 11, 2010 AGENDA ITEM: AN ORDINANCE GRANTING APPROVAL TO AEP TEXAS CENTRAL COMPANY, FOR THE PARTIAL ASSIGNMENT OF ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF -WAY OF THE CITY OF CORPUS CHRISTI, TEXAS TO ELECTRIC TRANSMISSION TEXAS, LLC. ISSUE: AEP Texas Central Company received approval from the Public Utility Commission of Texas in PUCT Docket 37574 to sell some transmission assets to Electric Transmission Texas, LLC ( "ETT "). AEP Texas Central Company and ETT are requesting City of Corpus Christi consent to the assignment of the franchise as it pertains to the transferred assets located within the City rights -of -way. REQUIRED COUNCIL ACTION: Approval of the Ordinance PREVIOUS COUNCIL ACTION: Ordinance 028022 awarding franchise to AEP Texas was approved by City Council on January 13, 2009. FUNDING: None CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. saizt' n 7k, et" Rudy Garza Director of Intergovernmental Affairs RudvGa a(�cctexas.com (361)826 -3082 TE March 23, 2010 Mr. Angel R. Escobar City Manager City of Corpus Christi P. O. Box 9277 Corpus Christi, TX 78469 -9277 Dear Mr. Escobar: Kenneth W. Griffin Manager, External Affairs kwgriffin @aep.com (361) 881 -5828 (work) (361) 881 -5497 (fax) AEP Texas Central Company currently provides electric delivery service in the City of Corpus Christi. Electric Transmission Texas, LLC (ETT) is an affiliate of AEP Texas Central Company that was formed by subsidiaries of American Electric Power Company and MidAmerican Energy Holdings Company to construct, own, operate and maintain transmission facilities in the service areas of the AEP companies in Texas. In the near future, on or about March 29, 2010, AEP Texas Central Company plans to transfer certain transmission facilities within your city to the ownership of ETT. Texas Central Company also will transfer to ETT associated rights, permits, consents and rights -of -way related to the ownership, operation and maintenance of the facilities. The transfer of ownership was approved by the Public Utility Commission of Texas in PUCT Docket No. 37574. Notice of that proceeding was sent to you on October 26, 2009. The transmission facilities in your city that will be transferred from Texas Central Company to ETT include four (4) transmission lines, portions of which are located in the public rights of way of the city. The 11.5 mile McKenzie to Westside 138 kV line runs in a southeasterly direction from the McKenzie Substation along the Corpus Christi city limit boundary and then turns south crossing State Highway 44 (Agnes Street). The line continues south and then makes a 90 degree turn to the east, then turns southeasterly, and then tums again to the south paralleling Bockholt Road. After another 90 degree turn to the east, the line crosses McGloin Road before again turning southeasterly, crossing Old Brownsville Road. The line then turns to the northeast and into the Westside Substation. The 1.2 mile Citgo West to Weil Tract 138 kV line runs in an easterly direction from the Citgo West Substation generally paralleling Interstate 37 before turning in a southeasterly direction along Leopard Street and into the Weil Tract Substation. The 6.88 mile Lon Hill to Hearns Ferry to Upriver 139/69 kV double- circuit line runs in an easterly -250- Mr. Anati R L'sco March 23, 2010 Pace 2 direction from the Lon Hill Substation and generally parallels and makes one crossing of Interstate 37 before turning into the Upriver Substation. The 6.35 mile Upriver to Valero West to Valero East to Air Liquide to Highway 9 line is a 69 kV line that runs in an easterly direction from the Upriver Substation generally paralleling Interstate 37 before turning in a southerly direction and crossing Interstate 37. The line then continues south paralleling State Highway 358. The line then turns 90 degrees to the east and crosses State Highway 358 and into the Highway 9 Substation. A map is attached showing the approximate locations of the substations and the general course of the lines through Corpus Christi. Texas Central Company will retain all distribution facilities in Corpus Christi. ETT will operate and maintain the transmission facilities in the same location and manner (including the same safety standards) used by AEP Texas Central Company, and with the same personnel as have been used by AEP Texas Central Company in Corpus Christi. ETT will own only transmission facilities and will not provide distribution service to retail customers in your city. Further, because Texas law dictates that franchise charges be based on the amount of electricity delivered to retail customers within the city, this transaction will not affect the amount of franchise charges received by Corpus Christi. AEP Texas Central Company will continue to provide distribution service in Corpus Christi and pay the same amount of franchise fees. Please provide your acknowledgement and consent to the operation and maintenance of these facilities by ETT by signing both originals as indicated below, and returning a signed copy for my files. Thank you for your attention in this matter. If you have any questions or need additional information, please contact me at 361- 881 -5828. Sincerely, Kenneth W. Grif Manager, External Affairs AEP Texas Central Company Enclosure: Map Concur: Date: —251— Angel R. Escobar City Manager City of Corpus Christi, Texas -252- AN ORDINANCE GRANTING APPROVAL TO AEP TEXAS CENTRAL COMPANY, FOR THE PARTIAL ASSIGNMENT OF ITS FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF -WAY OF THE CITY OF CORPUS CHRISTI, TEXAS TO ELECTRIC TRANSMISSION TEXAS, LLC. WHEREAS, AEP Texas Central Company, ( "AEP ") currently provides electric delivery service in the City of Corpus Christi ( "City ") under a franchise ordinance passed and approved by the Corpus Christi City Council on January 13, 2009 (the "Franchise "); and, WHEREAS, AEP on or about March 29, 2010, transferred ownership of certain transmission facilities within the City to Electric Transmission Texas, LLC ( "ETT "), an affiliate of AEP that was formed by subsidiaries of American Electric Power Company and MidAmerican Energy Holdings Company to construct, own, operate and maintain transmission facilities in the service areas of the AEP companies in Texas; and, WHEREAS, Article IX, Section 4 of the City's Charter provides that no franchise of the City shall be transferred by the holder thereof except with the approval of the City Council expressed by ordinance, which approval shall not be unreasonably withheld; and, WHEREAS, AEP and ETT desire City's approval of a partial assignment of AEP's Franchise to ETT covering certain transmission facilities within the City, as more particularly described and depicted in the attached Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Approval of Partial Assignment. Pursuant to Article IX of its Charter, City herby grants to AEP approval of a partial assignment of its Franchise to Electric Transmission Texas, LLC, covering certain transmission facilities within the City as more particularly described and depicted in the Exhibit A attached hereto and incorporated by this reference, contingent upon ETT's timely filing of written acceptance in accordance with Section 6 below. SECTION 2. Operation and Maintenance. ETT shall comply with all applicable terms and provisions of the Franchise respecting the transmission facilities owned within the City. H: \LEG- DIR \Lisa\2010 AEP franchise\Approval- t 2 & ign CC Franchise_clean May 4 2010.docx SECTION 3. No Distribution Service. As ETT will own only transmission facilities within the City, it shall not provide distribution service to retail customers in the City. Further, because Texas law dictates that franchise fees be based on the amount of electricity delivered to retail customers within the City, the partial assignment of transmission facilities to ETT shall not affect the amount of franchise fees received by the City. AEP shall continue to provide distribution service to the City and pay the same amount of franchise fees calculated as set out in the Franchise. SECTION 4. Notices. All notices and communications to ETT shall be made in writing and may be delivered by hand delivery, United States mail, overnight courier service or facsimile to the address set forth below. ETT may change its address by providing notice of same in accordance herewith. J. Calvin Crowder President Electric Transmission Texas, LLC 400 W. 15th St., Suite 800 Austin, TX 78701 -1677 Telephone: (512) 391 -2961 Fax: (866) 947 -1063 With copy to: Alexandra L. Hobbs Senior Corporate Counsel Electric Transmission Texas, LLC 400 West 15th Street, Suite 800 Austin, Texas 78701 Telephone: (512) 391 -6330 Fax: (512) 391 -2965 SECTION 5. Publication. Publication shall be made as required by City's Charter, with AEP to pay publication costs. SECTION 6. Acceptance. ETT shall file its written acceptance of partial assignment of the Franchise within 30 days after final passage by the City Council of the City. If the acceptance is not filed within such time, City's approval of the partial assignment shall be null and void. SECTION 7. Effective date. This ordinance shall be in full force and effect from and after its final passage and approval at two regular meetings of the City Council, its publication and ETT's filing of its acceptance thereof. H: \LEG- DIR\Lisa\2010 AEP franchise\Approval4t24ign CC Franchise_clean May 4 2010.docx PASSED, ORDAINED, APPROVED AND ADOPTED this day of , 2010. CITY OF CORPUS CHRISTI BY: ATTEST: Armando Chapa, City Secretary APPROVED AS TO FORM: May 3, 2010 ;. .6i- Lisa Aguilar;' Assistant City Attorney For City Attorney Joe Adame, Mayor H: \LEG- DIR \Lisa\2010 AEP franchise\Approval4o265ga CC Franchise_clean May 4 2010.docx EXHIBIT A Transferred Transmission Lines The transmission facilities in Corpus Christi that have been transferred from AEP Texas Central Company to ETT include four (4) transmission lines, portions of which are located in the public rights of way of the City. The 11.5 mile McKenzie to Westside 138 kV line runs in a southeasterly direction from the McKenzie Substation along the Corpus Christi city limit boundary and then turns south crossing State Highway 44 (Agnes Street). The line continues south and then makes a 90 degree turn to the east, then turns southeasterly, and then turns again to the south paralleling Bockholt Road. After another 90 degree turn to the east, the line crosses McGloin Road before again turning southeasterly, crossing Old Brownsville Road. The line then turns to the northeast and into the Westside Substation. The 1.2 mile Citgo West to Weil Tract 138 kV line runs in an easterly direction from the Citgo West Substation generally paralleling Interstate 37 before turning in a southeasterly direction along Leopard Street and into the Weil Tract Substation. The 6.88 mile Lon Hill to Hearns Ferry to Upriver 139/69 kV double- circuit line runs in an easterly direction from the Lon Hill Substation and generally parallels and makes one crossing of Interstate 37 before turning into the Upriver Substation. The 6.35 mile Upriver to Valero West to Valero East to Air Liquide to Highway 9 line is a 69 kV line that runs in an easterly direction from the Upriver Substation generally paralleling Interstate 37 before turning in a southerly direction and crossing Interstate 37. The line then continues south paralleling State Highway 358. The line then turns 90 degrees to the east and crosses State Highway 358 and into the Highway 9 Substation. A map is attached showing the approximate locations of the substations and the general course of the lines through Corpus Christi. AEP Texas Central Company will retain all distribution facilities in Corpus Christi. H: \LEG- DIR \Lisa\2010 AEP franchise\Approval-t2SSign CC Franchise_clean May 4 2010.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: ■) I By: Lisa Aguilar ' ssistant City Attorney for the City Attorney Joe Adame Mayor 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/11/2010 AGENDA ITEM: Ordinance amending the Code of Ordinances, Section 38, Article II, Solicitations for Charitable Purposes, by adding Section 38-46(i) to regulate aggressive panhandling in a public area or twenty -five (25) feet of an automated teller facility, entrance or exit of a bank, entrance and exit of check cashing business; providing that a culpable mental state is not required; providing for penalties; providing for severability; providing for publication; and declaring an emergency. ISSUE: Amending the ordinance to establish a policy to regulate aggressive panhandling in the city. BACKGROUND INFORMATION: A stronger enforcement approach to aggressive solicitation is necessary as it is disturbing and disruptive to residents and businesses and contributes to the loss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder. Additionally this approach will provide for a more aesthetic environment in the city. A person who violates this section shall be prosecuted for a Class C Misdemeanor and, upon conviction, be subject to a fine not to exceed $500 dollars. REQUIRED COUNCIL ACTION: Approval of the amendment. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the amendment. Attachments: Ordinance —261— D. Troy Riggs Chief of Police troyr(cctexas.com 886 -2603 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 38, ARTICLE II, SOLICITATIONS FOR CHARITABLE PURPOSES, BY ADDING SECTION 38 -46(i) TO REGULATE AGGRESSIVE PANHANDLING IN A PUBLIC PLACE OR TWENTY -FIVE (25) FEET OF AN AUTOMATED TELLER FACILITY, ENTRANCE OR EXIT OF A BANK, ENTRANCE AND EXIT OF CHECK CASHING BUSINESS; PROVIDING THAT A CULPABLE MENTAL STATE IS NOT REQUIRED; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the City of Corpus Christi is a home rule city having authority to utilize police power to enact ordinances to protect the health, safety and general welfare of its citizens; and WHEREAS, the City Council finds that establishing a policy to regulate aggressive panhandling will provide for a more safe, secure and aesthetic environment for the citizens and the city; and WHEREAS, the City Council finds that aggressive solicitation is disturbing and disruptive to residents and businesses and contributes to the Toss of access to and enjoyment of public places and to a sense of fear, intimidation and disorder; and WHEREAS, the Texas Transportation Code Section 552.007 prohibits a person from standing in the roadway to solicit a ride, contribution, employment or business from an occupant of a vehicle, except to solicit for a charitable contribution authorized by the local authority; and WHEREAS, the City Code of Ordinances Section 38 -46 provides for unlawful solicitation for charitable purposes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances of the City of Corpus Christi, Texas, is hereby amended by adding Section 38 -46(i) Regulating Aggressive Panhandling, to read as follows: Sec. 38 -46. Unlawful solicitation. f (1) Definitions. For the purposes of this Section, these words have the following meanings: (a) Person means any individual, firm, company, corporation, organization, partnership, association or other legal entity. (b) Public place means an area to which the public has access and includes, but is not limited to, a sidewalk, street, highway, park, parking jot, alleyway, pedestrian way, or the common area of a school, hospital, apartment house, office building, bus, station, bus stop, bank, transport facility, restaurant or business establishments. (c) Solicit means the act of panhandling by seeking through a request, by the spoken, written, or printed word, or by other means of communication with another person, an immediate donation or transfer of funds or goods for food, personal favors (such as trips, transportation, clothing, other), drink, lodging, vehicle fare, or any other purpose to directly benefit an individual or his family members, regardless of the solicitor's purpose or intended use of the money or other thing of value, and regardless of whether consideration is offered. (d) Aggressive solicitation means approaching or following pedestrians, repetitive soliciting despite refusals, the use of abusive or profane language to cause fear and intimidation, unwanted physical contact, or blocking pedestrian or vehicular traffic. (2) Offenses. A person commits an offense if the person engages in aggressive solicitation (a) in a public place; or (b) within twenty -five (25) feet of: (i) an automated teller facility, (ii) the entrance or exit of a bank, or (iii) the entrance or exit of a check cashing business. (3) Culpable mental state. A culpable mental state is not required, and need not be proved, for an offense under this Section. (4) Penalties. A person who violates this Section shall be prosecuted for a Class C misdemeanor and, upon conviction, shall be subject to a fine not to exceed five hundred ($500) dollars. SECTION 2. If for any reason any section, paragraph, subdivision, provision, clause, sentence, phrase, word or part of this Ordinance or the application of the same to any person or circumstance for any reason be adjudged or held unconstitutional or invalid by final judgment of a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance as a whole or any part, section, paragraph, subdivision, clause, phrase, sentence, word or provision hereof other than the part declared to be invalid or unconstitutional, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, sentence, word or provision hereto be given full force and effect for its purpose. To the extent this Ordinance is in conflict with state law, the state law govems. SECTION 3. 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 4. Penalties are as provided in Section 38- 46(i)(4). SECTION 5. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal formgpril 28, 2010 By: T. Trisha Dang Assistant City Attorney For City Attorney 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 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. 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C fTQ p• r O o C E P. rO+ 0 8' -h O n -o 0 m D 0) n N 3. 0) S O _ S 3 • (0 m n. m � Cl (7 < 0) O 03 3 r N - O Cz 0) fD '4 O CL O 0I' G N a- - n o fft. C m r+ r+ n 0) — • C (p Q �. N O S O O -1 — (D s< ,y. r+ S � O pq fD rte+ 3 N C 0) pq CrQ d fD 3 N N fD v _ 0) 0) N � (') fD 0) r-+ 0) fl- cu .211 (D 0) N Q C1 n O C CZ D 5 O ox) Ci q0. C _N 0) O tD fD N p+ fD fD r+ 3 c O N (0 n N 0); d O N fD cu Q 1D rD 0) fD fD 0 O G) (D 00)) N 0) 3 (D C1 0) r+ (D 0) 0) 0) 00 fc 5. 00 3 Ci (D O -9, 0) UQ OQ N (D 0) 0) 00 •saalnaas lelaos 10 asn The ordinance follows an attempt by the Nashville Downtown Partnership to educate people not to give, but to encourage The ordinance has drawn so much heat from advocates for the homeless, a final vote was called off until this month. • . . c S O O ` N cr (0 C O S C n 0 D -, r♦ n s 0) Q v rr O a — fD 0) fD C- 0 �' �' CL m m( (0 a) n S Dv -' ,O O. S d ..< D_ 7r tn m 7 `< 07 O N a 5. p •< 0 S < K fD a' K O ft, -0 O 7 '.1. ..-p 0 (D O -h C C fD < p -1 C O a' Ci 0 0) n 0u n O = 0) 3 D O (D -, - cv X 10 ' co = n 0 O '' CZ O fOD = O 0) < = fQ n fD + O 7c fZ o_ 0- (D- o • Oc C 0) < a) 3 m = N 0) (D N pr x fD -O 0) (D 00 0 p Ot1 e- l• O p+ ( 0 °- m (D N s n N p'F fD 00 .5 r+ -I 0) fD • S N O 0) c -s 7 fD N — -, O fD CM _ 0) rO+ (D O (D C1Q 0) 0) -n O —286— Todd Stringer, Nashville Business Journal puam. e Aiois sly} puas Nashville Business Journal - by Jim Stinson Nashville Business Journal Question of how to address hot button issue not likely to go away in 2008 Efforts to stamp out panhandling expected to gain steam • • • • • • • • Ben Fischer is an intern on the Enquirer's editorial board. He is a senior at Kent State University. S p Z N 4•6' O T 'O 'O N N n d 'C 0 O :°: fD Q U7 -t ID O 0) n C a g' 3 ti) 3-9 CC c G O 3 i •n s = G fD fD c 3 N n 3 3 O. 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N rt N 0) O • C Cr fD p l* A fD .a co 'a, N N-a N Ol 3 •C CL fp "0 fD -. 0 fD a) n o .+ C O fD O ,* 3 O fD 3 rt. c N s -1 fD '* 0) .� =) fDD v S r+ O rt fD N O :� .� ap A N fD O N p H .< p til 3' f� rt H 11 -i =. 3 3 O a) .a O 0p CM. rt O rr O n 7 o O O "t O S 03 fD 3 s H = O a0 '"+ 0) 0? Cr N fD r 0) S N, A 3 H 3" a H 2 3 •L fD j C fD mp 5 0) f/) N s fD 0. fJ) ,.. .•r N 0) 3 •a ''' fD d 3 O Q 3 O_ n N 3 �P Q fD H 0i •n O a) -287- 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 5/11/10 AGENDA ITEM: RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 028176 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2010 -11 BUDGET. ISSUE: The City's Financial Policies require annual adoption by the City Council before the end of May, just prior to the consideration of the proposed budget. These Policies serve as a basis for preparing the City's annual budget. In addition, these policies have helped to enhance financial management practices and have played a significant role in building the City's unreserved fund balance. The attached Resolution amends the policies in effect. REQUIRED COUNCIL ACTION: Adoption of Resolution amending the City's Financial Policies. Attachments: —291— Eddie Houlihan Assistant Director of Management & Budget EddieHo @cctexas.com (361)826 -3792 BACKGROUND INFORMATION The City Council adopts financial policies on an annual basis just prior to consideration of the proposed budget. These policies have helped to enhance financial management practices and have played a significant role in building the City's unreserved fund balance. —292— RESOLUTION AMENDING FINANCIAL POLICIES ADOPTED BY RESOLUTION 028176 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE FY 2010 -11 BUDGET. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life "; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; and reaffirmed the Financial Policy in May 2005 by Resolution 026265; and reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 027683; and amended the Financial Policy in May 2009 by Resolution 028176; WHEREAS, as a result of those policies, the City has achieved its goal for the General Fund balance and desires now to articulate a strategy to maintain that balance and to utilize any surplus balance to provide for enhanced financial stability in future years; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The Financial Polices adopted by Resolution 028176 are amended to read as follows: "Section 1. Development/Effective Date of Financial Policy. This Financial Policy reaffirms and amends the financial policies adopted by each year by the City Council since 1997. This Financial Policy is made part of the City Comprehensive Policy Manual. The City Manager is directed to prepare the FY 2009 10 FY 2010 -11 H: \LEG- DIR \Lisa\2010 Resolutions12010 -11 Budget Policy Resolution.doc —293— 2 proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. "Section 2. Current Revenues Equal /Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. "Section 3. Fund Balance Reserve/Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unreserved fund balance. Accordingly it is the goal of the City Council to build and maintain a reserve in the General Fund unreserved fund balance which totals at least ten (10 %) percent of total annual General Fund appropriations. At the end of each fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be 10% of total annual General Fund appropriations will be designated as Reserve for Maior Contingencies, and set up in a separate account. The remaining balance in the unreserved fund balance will be considered excess, and available for use in accordance with this section. The City Manager shall report on the status of compliance with this ten (10 %) percent policy at least annually as part of the budget process. Undesignated fund balance in excess of the ten percent policy requirement may be recommended for expenditure on one -time improvements, deferred maintenance, Iifecvcle replacement, and /or capital items with a priority on infrastructure and equipment which will reduce the need for future debt or avoid future maintenance costs. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the funds in the reserve. The City Manager shall note these situations to the City Council as soon as the information is known. "Section 4. Property Tax Rate for Operations and Maintenance. The Proposed Budget for FY 2009 10 2010 -11 shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to maintaining the "effective tax rate" for maintenance and operations. "Section 5. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. "Section 6. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service and special revenue funds of the City. H: \LEG- DIR\Lisa\2010 Resolutions\2010 -11 Budget Policy Resolution.doc —294— 3 "Section 7. Multi -Year Financial Forecasting. The City will maintain a five -year financial plan for the General Fund to anticipate potential budget imbalances and unfavorable revenue or expenditure trends, thus allowing for the identification of budgetary gaps long before they develop into fiscal crises. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of action plans necessary for the accomplishment of City short term or long term goals. These action plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and /or rate models for enterprise operations. "Section 8. Revenue Enhancement. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined in Sections 2 and 4, every effort will be made to base rates on a cost of service model so costs incurred for certain services are paid by the population benefiting from such services. "Section 9. Interfund Transfers. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City may also transfer funds from the Utility funds (Water, Wastewater, Gas and Stormwater) in an amount not to exceed 7% of the three -year average revenues for the respective utility, calculated using the current year estimate and the previous two years' actual revenues taken from the City's Comprehensive Annual Financial Report. Consideration will first be given to utilization of excess fund balances in the utility funds. "Section 910. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. "Section 4-011. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one -time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. "Section 4412. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 828003 028441 adopted by the City Council on December 16, 2008 December 15, 2009. "Section 4-2 13. Capital Improvement Plans /Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long range capital improvement plans. For the three -year short term plan, projects include any projected H:\LEG- DIR \Lisa'2010 Resolutions\201 0-11 Budget Policy Resolution.doc —295— 4 incremental operating costs for programmed facilities. The long range plan extends for an additional seven years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay -as- you -go capital funding where possible. "Section 4-314. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost efficient method to deliver services to the citizens of Corpus Christi. Efforts to identify the most cost efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public." ATTEST: Armando Chapa City Secretary APPROVED: May 6, 2010 Lisa Agu Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor H:\LEG- DIR \Lisa\2010 Resolutions12010 -11 Budget Policy Resolution.doc —296— 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 —297— 2Z Related to Item 24 ~ -. , . ` ~ ~~ ti ~ ~ ~~ z C ~ ~, Memorandum To: Members of the Corpus Christi City Council CC: Angel Escobar, City Manager Date: May 6, 2010 From: Keith Arnold, CEO )/~~~, Subject: SMG /American Bank Center Punchlist The Board of Directors of the Corpus Christi Convention and Visitors Bureau fully endorsed, at our April 22, 2010 meeting, the "punchlist" for the capital improvements and renovations that are being submitted by SMG to City Council on May 11, 2010 for funding. Members of our Boated have toured the facility and looked over each primary issue involved, and they feel strongly that these improvements and renovations are necessary in order for us to be com~titive in bringing conventions, sports events and meetings to the American Bank Center. We appreciate due consideration to this matter and look forward to having these in place as soon as possible. Exhibit A Page 1 of 1 Related to Item 24 RESOLUTION NO. A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS COMBINATION TAX AND LIMITED PLEDGE REVENUE CERTIFICATES OF OBLIGATION, SERIES 2010 IN AN AMOUNT UP TO $3,000,000 FOR THE PURPOSE OF FINANCING COSTS ASSOCIATED WITH MAKING PERMANENT PUBLIC IMPROVEMENTS TO THE CITY'S CONVENTION CENTER AND THE SELENA AUDITORIUM; COMPLYING WITH THE REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the City) has determined that it is advisable and necessary to issue and sell one or more series of certificates of obligation (the Certificates) in an amount not to exceed $3,000,000 as provided pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through 271.065, for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing improvements to the City's Convention Center and the Selena Auditorium; (2) purchasing materials, supplies, equipment, land, and rights-of--way for authorized needs and purposes relating to the aforementioned capital infrastructure improvements; and (3) the payment of professional services related to the construction, design, and financing of the aforementioned projects; and WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate officials of the City must review and approve the distribution of a "deemed final" preliminary official statement (the Official Statement) in order to comply with the requirements contained in 17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and WHEREAS, based upon their review of the Official Statement, the appropriate officials of the City must find to the best of their knowledge and belief, after reasonable investigation, that the representations of facts pertaining to the City contained in the Official Statement are true and correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the City that would adversely affect the issuance of the Certificates or the City's ability to pay the debt service requirements on the Certificates when due; and WHEREAS, the City Council will comply with the requirements contained in the Securities and Exchange Commission Rule concerning the creation of a contractual obligation between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the Purchasers with an Official Statement in a time and manner that will enable the Purchasers to comply with the distribution requirements and continuing disclosure requirements contained in the Securities and Exchange Commission Rule; and 90041149.2 WHEREAS, the City Council authorizes the Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, to review, approve, and execute any document or certificate in order to allow the City to comply with the requirements contained in the Securities and Exchange Commission Rule; and WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish notice of its intention to issue the Certificates in a newspaper of general circulation in the City, such notice stating (i) the time and place the City Council tentatively proposes to pass the ordinance authorizing the issuance of the Certificates, (ii) the maximum amount proposed to be issued, (iii) the purposes for which the Certificates are to be issued, (iv) and the manner in which the City Council proposes to pay the Certificates; and WHEREAS, the City Council hereby finds and determines that such documents pertaining to the sale of the Certificates should be approved, and the City should proceed with the giving of notice of intention to issue the Certificates in the time, form, and manner provided by law; WHEREAS, the City Council hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the City; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION l: The City Secretary is hereby authorized and directed to cause notice to be published of the City Council's intention to issue the Certificates in an amount not to exceed $3,000,000 for the purpose of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing improvements to the City's Convention Center and the Selena Auditorium; (2) purchasing materials, supplies, equipment, land, and rights-of--way for authorized needs and purposes relating to the aforementioned capital infrastructure improvements; and (3) the payment of professional services related to the construction, design, and financing of the aforementioned projects. The Certificates will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and additionally from a pledge of and lien on certain revenues derived from the operation of the City's solid waste system. The notice hereby approved and authorized to be published shall read substantially in the form and content of Exhibit A attached hereto, which notice is incorporated herein by reference as a part of this Resolution for all purposes. SECTION 2: The City Secretary shall cause the notice described in Section 1 to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, the date of the first publication shall be at least thirty (30) days prior to the date stated therein for passage of the ordinance authorizing the issuance of the Certificates. SECTION 3: The Mayor, City Manager, City Secretary, and the City Attorney, as appropriate, or their designees, are authorized to review and approve the Official Statement pertaining to the offering, sale, and issuance of the Certificates and to execute any document or 90041149.2 -2- certificate in order to comply with the requirements contained in the Securities and Exchange Commission Rule. SECTION 4: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 6: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 7: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 8: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 9: This Resolution shall be in force and effect from and after the date of its adoption, and it is so resolved. [The remainder of this page intentionally left blank.] 90041149.2 -3- PASSED, ADOPTED AND APPROVED on this the l lln day of May, 2010. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Mayor City Secretary (CITY SEAL) APPROVED THIS AY OF MAY, 2010: 4 Veronica Ocanas, Assistant City Attorney For City Attorney 90041149.2 -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 90041149.2 -5- Exhibit A NOTICE OF INTENTION TO ISSUE CITY OF CORPUS CHRISTI, TEXAS CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, at 12:00 o'clock P.M., Corpus Christi, Texas time on June 15, 2010 and, during such meeting, the City Council will consider the passage of an ordinance or ordinances and take such other actions as may be deemed necessary to authorize the issuance of one or more series of certificates of obligation in an aggregate principal amount not to exceed $3,000,000 for the purpose or purposes of paying contractual obligations of the City to be incurred for making permanent public improvements and for other public purposes, to-wit: (1) constructing improvements to the City's Convention Center and the Selena Auditorium; (2) purchasing materials, supplies, equipment, land, and rights-of--way for authorized needs and purposes relating to the aforementioned capital infrastructure improvements; and (3) the payment of professional services related to the construction, design, and financing of the aforementioned projects. The certificates of obligation (the Certificates) will be payable from the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable property within the City and from a lien on and pledge of certain revenues derived by the City from the operation of the City's solid waste system. The Certificates are to be issued, and this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of 1971, as amended, Texas Local Government Code Section 271.041 through Section 271.065, Section 363.135, as amended, Texas Health and Safety Code, and the City's Home Rule Charter. /s/ Armando Chapa City Secretary, City of Corpus Christi, Texas 90041149.2 A-1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 11, 2010 AGENDA ITEM: a. Motion authorizing the improvements to the Convention Center and Selena Auditorium shown on the attached Exhibit "C ". b. Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $3,000,000 for the prior lawful expenditure of funds from the proceeds of obligations to be issued by the City for authorized purposes relating to the renovation of the Convention Center and Selena Auditorium; authorizing matters incident and related thereto; and providing an effective date. c. Resolution by the City Council of the City of Corpus Christi, Texas directing publication of notice of intention to issue City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010 in an amount up to $3,000,000 for the purpose of financing costs associated with making permanent public improvements to the City's Convention Center and Selena Auditorium; complying with the requirements contained in Securities and Exchange Commission Rule 15c2 -12; and providing an effective date. d. Motion authorizing the appointment of M. E. Allison & Co., Inc. as financial advisor for the City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation, Series 2010. ISSUE: The Convention Center and Selena Auditorium have received minimal improvements and renovations since the Convention Center Expansion project was completed in 2004. During that expansion project, the Selena Auditorium was not included in any of the improvements. The City has identified various improvements that are required that could impact the safety of the public and the employees of the facility if not corrected. Additional projects have been identified that are important to the continued operational success of the facility. The City of Corpus Christi is planning on issuing up to $3,000,000 in City of Corpus Christi, Texas Combination Tax and Limited Pledge Revenue Certificates of Obligation in June, 2010 to fund these projects, and expects to reimburse itself for certain prior capital expenditures in connection with renovations to the Convention Center and Selena Auditorium. A reimbursement resolution is required in order to receive reimbursement for preliminary capital expenditures paid or incurred by the City and associated with these projects prior to the issuance of the City's certificates of obligation. The reimbursement resolution is authorized pursuant to Section 1201.042, as amended, Texas Government Code and the Internal Revenue Code of 1986, as amended. Prior to the issuance of the certificates of obligation, the City is required to publish notice of its intentions in a newspaper of general circulation in the City. Approval of the resolution would authorize the City to publish the Notice of Intent in the Corpus Christi Caller -Times on May 16, 2010 and May 23, 2010. Please note that it is not necessary to include bond counsel in the motion approving the financial advisor since the City currently has a contract with Fulbright & Jaworski L.L.P. as the City of Corpus Christi's bond counsel. Attached are both financial advisory fees and bond counsel fees associated with the issuance of these certificates of obligation. In order to achieve cost savings in the issuance of these certificates of —301— obligation, this financing will be combined with the issuance of the second traunch of the Bond 2008 bonds relating to the outstanding Park and Recreation projects. Also attached is a letter of support from the Convention & Visitors Bureau (Exhibit A) for the recommended improvements to the Convention Center and Selena Auditorium. PREVIOUS COUNCIL ACTION: • March 30, 2010 — Motion authorizing the repair and/or replacement of the entrance doors throughout the lobby of the Convention Center. FUTURE COUNCIL ACTION: • May 18, 2010 (May 25, 2010 alternate date) — Selection of financing team for issuance of Combination Tax and Limited Pledge Revenue Certificates of Obligation. • June 15, 2010 — Ordinance providing for the issuance of Combination Tax and Limited Pledge Revenue Certificates of Obligation in June, 2010 in an aggregate principal amount not to exceed $3,000,000; establishing parameters regarding the sale of the certificates of obligation; authorizing the distribution of a preliminary official statement; and approving the execution of a purchase contract. REQUIRED COUNCIL ACTION: Approval of the motion authorizing the improvements to the Convention Center and Selena Auditorium, the resolution expressing official intent to reimburse the costs noted on Exhibit `B ", the resolution directing publication of notice of intention to issue certificates of obligation, and the motion authorizing the appointment of M. E. Allison & Co., Inc. as financial advisor. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Motions and Resolutions as presented. Cindy O'B Interim ACM — Administrative Services Cindy OC icctexas.com 361- 826 -3227 .-ZP= Kevin Stowers Assistant Director of Engineering Services KevinS@cctexas.com 361- 826 -3519 C , veDa..aJ Margie C. Rose ACM — Community Services MargieR @cctexas.com 361- 826 -3232 Attachments: Letter of Support from CVB — Exhibit A Background Information — Exhibit B Selena Auditorium & Convention Center Capital Projects — Exhibit C Financial Advisor Fee Schedule — Exhibit D Bond Counsel Fee Schedule — Exhibit E Reimbursement and Publication Resolutions —302— BACKGROUND INFORMATION Convention Center /Selena Auditorium Capital Needs The facilities have received minimal capital enhancements since the Convention Center Expansion was completed in 2004. That project did provide a number of major upgrades, and addressed many capital needs. The Selena Auditorium was not addressed under the Expansion project. Most facilities require minimal work in the five years following completion of construction. However, the Convention Center Expansion did not address all of the items that could be anticipated as being needed in the future. Council approved funding for the replacement of Convention Center chillers, rooftop air handlers and air conditioning cooling towers that were not addressed in the expansion. Minor repairs have been addressed through the Facilities Maintenance annual operating budget. Capital Improvement History The City historically used proceeds from the Hotel Motel Tax to fund major capital improvements and repairs at the Convention Center. This was accomplished through an annual appropriation of approximately $150,000 into a Major Maintenance Capital Reserve. Funds were used as needed, with any unused funds remaining in the Reserve for use next year or as the need arose. When SMG was contracted to operate the Convention Center and Selena Auditorium, the practice of appropriating $150,000 into a Capital Reserve ceased. The funding levels being provided to the contract provided for SMG to contract the necessary repairs with any repairs costing in excess $5,000 requiring approval by the City Manager or his designee. Current Capital Improvement Needs Current estimates indicate the cost of proposed facility improvements and equipment will be $3,000,000. The addition of the Climatically Controlled Storage Area (Item 13) is proposed as future project and would be undertaken when funding becomes available. A breakdown of costs by project is attached as Exhibit B. PROJECTS DEEMED CRITICAL 1. Convention Center and Selena Auditorium Fire Alarm System — The Selena Auditorium and the Convention Center fire alarms have not been upgraded to meet current codes. The new portion of the Convention Center is fully code compliant, but the old portion of the Convention Center was not upgraded to add visual strobes and other devices as the Convention Center Expansion cost was less than 50% of building value. The old portion of the Grand Lobby was upgraded and is fully sprinkled to match the new improvements being installed. The Selena fire alarm system is operable, but in need of significant upgrade. The systems in the old portion of the Convention Center and the Selena Auditorium have reached the end of their economic life. They are technically obsolete and no longer can be upgraded C:\DOCOME -1 \RosieC\ LOCALS- 11Temp\X Pgrpwise \BackgroundMemoExhibitAv4.doc —303— Exhibit B Page 1 of 4 without being replaced. 2. Concrete Spalling Stairways and Columns - The condition poses a tripping hazard, is unsightly, and has forced the closure of some affected stairways. Areas posing a risk have been secured to prevent injuries, but they present an unfavorable appearance of a facility that has not addressed its capital needs. 3. The Selena Theatrical Lighting System — The system is the original system installed in 1977. The system has become increasing unreliable. It has failed and been repaired numerous times. The system is antiquated and requires replacement to ensure safe, reliable operation. 4. Operable Walls and Track System - Watergarden Room (the old banquet Hall) and Harborview Room (old Room 225) have operable walls mounted on tracks to allow the division of the rooms to meet various setups. The track needs to be replaced as their condition could result in one or more wall panels falling. 5. Aisle Lighting — The Selena Auditorium when the house goes to dark during shows, people have trouble seeing the aisle steps due to the lack of illumination, and there have been many falls over the years. Modern aisle lighting is proposed to address the condition by installation of E -Z Glo markers that are commonly installed in theaters and commercial airliners. 6. Grand Lobby Doors Repair /Replacement — This was previously approved by Council on March 30, 2010, and is in process. Funding of the cost will come from the proposed funding presented today. The project will result in the repair of 30 doors and replacement of 12 doors. Only two (2) of eight (8) large Grand Lobby Shoreline Boulevard are operational. All of the doors need to be operable in case of a fire alarm. In order to ensure the doors will be available in the case of an emergency, personnel are posted to direct patrons to fully operational doors for non - emergency access. The non- operable doors can and are opened in case of an emergency. The project provides repair of all Lobby doors and replacement of 12 doors with new Horton Automatic doors. GENERAL FACILITY IMPROVEMENTS AND EQUIPMENT 7. Replenish Table Inventory The item will allow the replacement of tables that are leased and represent a revenue source for the Convention Center. Approval will result in the purchase of the following types and approximate quantity of tables: 50 — 30" x 96" plastic- topped folding banquet table 200 — 18" x 96" plastic- topped folding banquet table 300 - 72" round folding banquet table 25 - 30" "high top" table 71- Table carts 8. Replenish Chair Inventory — This item is also a revenue source as the chairs are rented as a revenue source for the Convention Center. The current inventory of C:ID000ME -1 \RosieC\ LOCALS- 11Temp\ XPgrpwise \BackgroundMemoExhibitAv4.doc 304— Exhibit B Page 2 of 4 chairs has become an eyesore to patrons and promoters. Because of the lack of storage facilities and their exposure to the outside harsh environment, over 2,900 molded thermoplastic chairs and 250 upholstered stack chairs which were no longer usable were disposed of over the summer. The Center requires an inventory of approximately 6,000 chairs over the years to meet the needs of large conventions and multiple events. It is necessary to purchase approximately 3,000 new upholstered stack chairs with ganging devices are needed by the Center to fulfill client demands. 9. Replenishment of Dance Floor - The Convention Center has an inventory of portable dance floor sections utilized for proms, weddings, dances, etc. This inventory has become depleted, as sections have become unusable and not repairable. The purchase of (150) 3 ft. by 3 ft. sections with trim and trucks will bring the inventory up to an acceptable level and will satisfy the needs of the center's clients. This item is also rented during events and generates revenue for the Convention Center. 10. Replacement of Portable Staging - The Convention Center's portable staging equipment is currently over 30 years old and is past due for replacement. While some of this staging is still usable, the inventory has depleted causing conflicts when an event demands a large amount of staging. The proposed staging includes a newer, lighter stage that will reduce labor. Staging includes new decking, legs, understructures, handrails, skirting, etc. Stage skirts and backdrops as well as step units also need to be replaced and are included in this project amount. 11. Selena's Theatrical Drapery and Theatrical Rigging System - • Theatrical Drapery - Almost the Selena's entire theatrical drapery inventory was installed in 1977. The drapery inventory is beyond its economic life and requires replacement as a capital purchase. The curtains are not only old but torn, mildewed and unsightly. The curtains have been repaired over the years, but the fabrics have become so fragile that repairs are difficult to nearly impossible. The types of theatrical drapes required to properly operate the auditorium include: muslin backdrops, scrims, tormentors, side masking, mains, legs, borders, valances, cyclorama and falls, as well as a clear opera drop. All stage drapery must be 100% flame retardant since they are always in proximity of hot theatrical lighting. • Theatrical Rigging System - The System is in need of inspection and repairs. This system is the mechanism that allows an operator to raise and lower draperies, sets and props before, during and after shows. The Selena's is a counterweight system in that loads (drapes, sets, props) installed on the stage battens are counterweighted on the loading rails with a weight closely approximate to the load to be raised and lowered. Once in balance, loads can easily be maneuvered. During many large stage shows, thousands of pounds of lights and props need to be balanced out in this manner. It is a delicate and potentially dangerous system that requires expert inspection and evaluation by a qualified rigging specialist in order to certify the safety of all rigging parts: The many sheaves, loft blocks, hemp, counterweight system, battens, hemp, suspension systems, and the fire CADOCUME- 1 \RosieO LOCALS- 11TertpV(Pgrpv ise \BackgroundMemoExhibiWv4 155— Exhibit B Page 3 of 4 curtain are well past their economic life and cannot be repaired requiring capital replacement. FUTURE PROJECT WHEN FUNDING PERMITS 12. Convention Center and the Selena Auditorium - Glass Lockable Doors need to be installed between the facilities on the first and second levels. There are no doors separating the Selena Auditorium and the Convention Center, which is necessary to lock down one building from another. Guards must be posted at the lessees' expense to control access when both buildings are functioning. Much of the time when the public is attending events solely in the Convention Center, people wander into the darkened Selena Auditorium. The dark Auditorium can present hazards for those unfamiliar with the facility. The installation of doors is deemed essential for safety and security. It will also reduce operational costs of hiring security personnel to secure the Selena during other events. 13. Climatically Controlled Storage Facility - Construction of a climatically controlled storage area is essential to protect and prevent premature of replacement tables, chairs, staging and other equipment. The lack of storage has required many areas to be used for storage causing stored material in some instances to rust, mildew or become discolored making it unusable for convention use. Phase 1 of the project will result in construction of a 14,000 -sf storage facility with a future Phase 2 project to add an additional 7,000 -sf of storage capacity. C:\DOCUME -1 \RosieC\ LOCALS -1 \ Temp\ XPgrpwise \BackgroundMemoExhibitAv4.dpc6 Exhibit B Page 4 of 4 SELENA AUDITORIUM AND CONVENTION CENTER CAPITAL PROJECTS May 11, 2010 PROJECTS DEEMED CRITICAL 1 PROJECT NAM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 °o 00p 00 0 00 N N Y01 N on o O N N tD N op 00 o M O^N 1 0 N N 0 0 0 0 0 0 0 c o 0 o 0 0 0 O N O O o N 0 0 Y1 tD 0/ P ei N 00 M N N o 0 0 0 0 0 0 0 1 ui O N 0 0 0 N N MM00 N O n O O r 14 P O 00 oo o N N 00 VI N rn-1 O S O O O O O 0 0 o0 0 0p N N N N O N O N P 1D A 00 00 M On1 N OD N N 1. FIRE ALARM 2. CONRETE SPALLING 3. SELENA LIGHTING NZ �1Jx J 33''� W OC 00 00 0 Q Q 0 0 w 00 Lu O Q • a v ui 10 o O O O O O O O O O O O 0 0 0 0 0 0 00 O P�f a 2,240,474.00 1,017,250.00 o eeooso 00 0 0 0 0 0 0 U1 00 U1 0 a 00 o v r N N rl N o 0 0 0 0 0 0 0 ei 000000 O O N O tD O 1. 00 t0 N N M N e� O r 0 0 0 0 0 0 0 N Z W 1°nO u°1 OO N cW N 00 N 00 00a N .0 N N 10D t0 N a N N .-1 D 2,240,474.00 SUBTOTAL FOR SAFETY: —307— z V1 F- z uJ LU 0 0 0 0 0 0 0 0 0 0 0 0 0 OCLi§88788 a T N M 0 S Alf ei N N r/ Q GENERAL FAC 7. PURCHASE TABLES 10. STAGING 11. STAGE RIGGING & CURTAINS 12. DOOR SELENA TO CC 13. CLIMATIZED STORAGE O 0 O 00 N 00 8 N n 8 ey N N 00 00 0 1�0 00 a 1,274,026.00 SUBTOTAL EQUIP /COSMETICS 8 8 00 00 pp8 8 1,348,511.00 1,651,489.00 3,514,500.00 TOTAL OF ALL PROJECTS: INVLOTMLNT BANRLRs FINANCIAL ADVISORY FEE SCHEDULE WirgaigaSerrienilnana Aid Noe MRLEfilla loo S S 250,000 250,000 350,000 350,000 500,000 500,000 700,000 700,000 1,000,000 1,000,000 1,500,000 1,500.000 5,000,000 5,000,000 10.000.000 10,000,000 20,000,000 20,000;000 No Bait • $7,200 plus S20.00 per 01,000 for ail over 0150,000 59,300 ph* 010.00 Per 01,000 for alt over ;HUGO plus 50.00 per $1,000 fix all over 0350,000 511,700plus$7ADpa 01,000 for a l over 0500,000 013,100 plot 06.00 per S1,000 far ell over *700,000 $14 900•pius $3A0 pet $1,000 frill l over 51,000,000 017,4000o 03.00 per $1,000 f or ell over *1,500,000 027,900 plus 01.65 per $1,000Ito allover 05,0 00 036,150 plus $1.O0 per 01,000 for all over 010,000,000 046,150 plus 0015 per 51,000 berth over 020,000,000 BONDS AND COMDDIATION TAX AND RIVE= cgialMITALZ In lie maths Hoods tobe issued are Romano Donde orClembiaatiaa Tu end Rowans • Oactifaiss•of Obligation, Iteroodog or Lass bas%, f s fos stall be the an oo t ooaApsted. item the shove obeli& plus 25%. • -308- Exhibit D Dnnn 1 of 1 FULBRIGHT & JAWORSKI L.L.P. (San Antonio) Fee Schedule* Principal Amount of Obligations Obligations* (per $1,000 denomination) $0 - S10,000,000 $1.2500 $10,000,001- $25,000,000 $1.1250 $25,000,001 $50,000,000 $0.8750 $50,000,001 - $100,000,000 $0.7500 S100,000,001 - $200,000,000 $0.6250 Over S200,000,000 $0.5000 *This scale will be increased by 35% for the issuance of any refunding obligations and provides for a minimum fee of $15,000 for the issuance of any Obligations. *In addition, the City will authorize an amount not to exceed S5,000 to our Finn for additional federal income tax expertise relating to the Obligations, based upon our Firm's hourly billing rates. *To the extent that our Firm is responsible for preparing the offering documents relating to the issuance of any Obligations, an additional fee of 57,500 will be charged. *This fee scale is not applicable if the Obligations are issued in a variable rate mode, are further secured with a liquidity facility, and/or involve the utilization of any derivative products, are issued by a non -profit corporation created by the City, or are issued in connection with an economic development financing, including a TIRZ or other similar financing. *This fee schedule is applicable to the following types of Obligations: general obligation bonds, certificates of obligation, tax notes, revenue bonds, and other similar indebtedness. —309— Exhibit E Pave 1 of 3 EXPENSE/SERVICE Binding FLLBRIGHT & JAWORSK1 L.L.P. (San Antonio) Expenses and Services Summary** CHARGE N/A (Pricing varies in other office locations) Data Base Research Lexis, Westlaw, Information America Deliveries Overnight/Express Outside Courier In -House Courthouse Messengers Document Scanning Duplicating Photocopy Color photocopy Microfilm/Microfiche Videography (duplication) Electronic Mail (via Internet) Library Research by Library Staff Weekend & Late Evening Air Conditioning Postage Secretarial Overtime Facsimile (Outgoing) 80467497.4 —3 1 0— Costs allocated by the Firm Direct Cost Direct Cost N/A (Pricing varies in other office locations) $40.00/Hour plus Transportation (Pricing varies in other office locations) 5.12 per page — Direct Cost 50.15 per page 50.85 per page 50.50 per page $5.00/tape plus 520.00 /duplication No Char 5130.00 per hour N/A (Pricing varies in other office locations) Direct Cost on any item or group of items which cost $1.00 or more 528.00 per hour (Pricing varies in other office locations) $0.80 per page plus applicable LD charges Exhibit E PaaP2nfi EXPENSE/SERVICE FVLBRIGHT & JAW'ORSKI L.L.P. (San Antonio) Expenses and Services Summary ** CHARGE Telephone Long Distance (Domestic) Long Distance (International) File Storage Retrieval Transportation Mileage (personal automobile) Lodging Meals Car Rental/Airline/Rail/Etc. CD-ROM Research Graphic Arts Practice Support E- Discovery • Firm hosting of on -site document review performed by outside contract attorneys 5030 per minute 80% of direct dial rate N/A (Pricing varies in other office locations) Applicable IRS allowable rate per mile Direct Cost Direct Cost Direct Cost 530.00 - 550.00 per Search (rate varies based on length of search) 5120.00 S150.00 per hour, plus direct cost of supplies 560.00 - 5215.00 per hour Direct Cost 55.00 per hour ** These fees are capped at 51,500.00 per individual Matter. —311— Exhibit E Page 3 of 3 RESOLUTION NO. A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF IN AN AMOUNT NOT TO EXCEED $3,000,000 FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS FROM THE PROCEEDS OF OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES RELATING TO THE RENOVATION OF THE CONVENTION CENTER AND SELENA AUDITORIUM; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the Issuer) has entered into or will enter into various contracts pertaining to the expenditure of lawfully available funds of the Issuer to finance the costs associated with (i) renovation of the Convention Center and the Selena Auditorium, (ii) the payment of various engineering costs, including design testing, design engineering, and construction inspection related to the Construction Costs (the Engineering Costs), (iii) the payment of various architectural costs, including preparation of plans and specifications and various other plans and drawings related to the Construction Costs (the Architectural Costs), and (iv) the payment of various administrative costs, including the fees of bond counsel, financial advisor, project manager, other professionals, and bond printer (the Administrative Costs) [the Construction Costs, the Engineering Costs, the Architectural Costs, and the Administrative Costs collectively constitute the costs of the project that is the subject of this Resolution (the Project)]; and WHEREAS, the provisions of Section 1201.042, as amended, Texas Govemment Code provide that the proceeds from the sale of obligations issued to finance the acquisition, construction, equipping, or furnishing of any project or facilities, such as the Project, may be used to reimburse the Issuer, for costs attributable to such project or facilities paid or incurred before the date of issuance of such obligations; and WHEREAS, the United States Department of Treasury (the Department) released Regulation Section 1.150 -2 (the Regulations) which establishes when the proceeds of obligations are spent and therefore are no longer subject to various federal income tax restrictions contained in the Internal Revenue Code of 1986, as amended (the Code); and WHEREAS, the Issuer intends to reimburse itself, within eighteen months from the later of the date of expenditure or the date the property financed is placed in service (but in no event more than three years after the original expenditures are paid), for the prior lawful capital expenditure of funds from the proceeds of the Issuer's "City of Corpus Christi, Texas Combination Tax and Limited Pledge Certificates of Obligation, Series 2010" (the Obligations) that the Issuer currently contemplates issuing in an amount not to exceed $3,000,000 to finance a portion of the costs of the Project; and WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and 85518260.2 —312— WHEREAS, under the Regulations, to fund such reimbursement with proceeds of the Obligations, the Issuer must declare its expectation ultimately to make such reimbursement before making the expenditures; and WHEREAS, the Issuer hereby finds and determines that the reimbursement for the prior expenditure of funds of the Issuer is not inconsistent with the Issuer's budgetary and financial circumstances; and WHEREAS, the Governing Body hereby finds and determines that the adoption of this Resolution is in the best interests of the citizens of the Issuer; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: This Resolution is a declaration of intent to establish the Issuer's reasonable, official intent under section 1.150 -2 of the Regulations to reimburse itself from certain of the proceeds of the Obligations for any capital expenditures previously incurred (not more than 60 days prior to the date hereof) or to be incurred with respect to the Project from the Issuer's General Fund or other lawfully available funds of the Issuer. SECTION 2: The Issuer intends to issue the Obligations and allocate within 30 days after the date of issuance of the Obligations the proceeds therefrom to reimburse the Issuer for prior lawful expenditures with respect to the Project in a manner to comply with the Regulations. SECTION 3: The reimbursed expenditure will be a type properly chargeable to a capital account (or would be so chargeable with a proper election) under general federal income tax principles. SECTION 4: The Issuer intends to otherwise comply, in addition to those matters addressed within this Resolution, with all the requirements contained in the Regulations. SECTION 5: This Resolution may be relied upon by the appropriate officials at the Office of the Attorney General for the State of Texas and establishes compliance by the Issuer with the requirements of Texas law and the Regulations. SECTION 6: With respect to the proceeds of the Obligations allocated to reimburse the Issuer for prior expenditures, the Issuer shall not employ an abusive device under Treasury Regulation Section 1.148 -10, including using within one year of the reimbursement allocation, the funds corresponding to the proceeds of the Obligations in a manner that results in the creation of "replacement proceeds," as defined in Treasury Regulation Section 1.148 -1, of the Obligations or another issue of tax - exempt obligations. SECTION 7: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 8: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such 85518260.2 -2- -313— conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 9: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 10: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 11: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 12: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 85518260.2 [The remainder of this page intentionally left blank] -3- —314— PASSED, ADOPTED AND APPROVED on this the 11th day of May, 2010. ATTEST: City Secretary (CITY SEAL) APPROVED THIS DAY OF MAY, 2010: Veronica Ocanas, Assistant City Attorney For City Attorney 85518260.3 -4- —315— CITY OF CORPUS CHRISTI, TEXAS Mayor 25 AGENDA MEMORANDUM City Council Action Date: Mav 11.2010 AGENDA ITEM: A. RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH AND ADOPT BLENDED WATER RATE PRINCIPLES AND CREATE A NEW PUBLISH RATE CLASS: BLENDED WATER B. RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A BLENDED WATER SUPPLY AGREEMENT WITH LAS BRISAS ENERGY CENTER, LLC ISSUE: Las Brisas Energy Center, LLC has applied for the necessary permits to construct a petroleum coke - fueled electric power generation facility on property owned by the Port of Corpus Christi along the northern shoreline of the Inner Harbor in Nueces County. This property is located within the City's extra - territorial jurisdiction, the City's Industrial District and Certificated Area of Convenience and Necessity for potable water service. The facility, if constructed, will consist of two 600 mega watt steam turbines fed by four boilers for a net output of electric power of approximately 1,300 mega watts. To operate the plant as proposed, Las Brisas needs a firm long term supply of between 15,344 and 21,000 acre -feet of water per year. Although the proposed development is located within the City's Certificated Area of Convenience and Necessity, in lieu of providing potable water the City supply proposes to supply the facility with a blended water comprised of various raw waters which has been partially treated to settle out some of the sediments. This will provide a diversified source of raw water and the City has determined that current water supplies are adequate to meet the needs of Las Brisas. However, considering the volume of water required by Las Brisas a focus should continue to be placed on the City's future water management strategies, particularly the planned construction of the Mary Rhodes Pipeline, Phase, 2. If a water supply contract is executed the City will expect Las Brisas to pay for the construction of the pumping station and distribution pipeline needed to transport the water from the City's O.N. Stevens Water Treatment Plant to its facility. Further, it is proposed that in order to encourage economic development along the Joe Fulton Corridor and the north side of the inner harbor, the distribution pipeline to be constructed by Las Brisas will be oversized to provide blended water service to future customers. The contract, if executed, will be for a specific term of no more than 30 years. The rates to be charged for the blended water will be published within the City's water rate ordinance. This new blended water rate will be designed to cover all applicable pump station and pipeline costs: proportionately share in the raw water supply costs and costs incurred in blending and diverting the water to the site. The terms of the water contract will impose a onetime "equity buy -in fee" that will be charged to any new water customer that introduces a si:ificantly large new demand for water. Also, the proposed new published rate will include a "future water supply surcharge" intended to build a reserve to implement the City's Water Management Strategies to enhance our future water supply. The City will be under no obligation to serve Las Brisas beyond its limits of peak day and annual peak demand specified in the proposed contract. Also, Las Brisas will be required to annually submit to the City a 5 -year water demand forecast. If Las Brisas actual take of water exceeds the annual volume of water specified in the contract, Las Brisas will be charged a "capacity restoration fee" and the contract will be subject to renegotiation. Also, if Las Brisas exceeds its peak demand a surcharge will be levied to allow the City to rely$ -any extra - ordinary costs incurred to meet the excess demand for water. Although not a direct result of the terms and conditions of the possible water contract with Las Brisas, current calculations indicate that, based on current costs and consumption, the sale of the proposed volume of water to Las Brisas will result in a decrease in the raw water rate of approximately $.16 (or 18% decrease from the current rate of $.88) per thousand gallons of raw water purchased by customers of the City's water system. It is important to note that the execution of a contract with Las Brisas is wholly dependent on the facility being granted an air quality permit by the Texas Commission for Environmental Quality. If approved and a contract for water is executed with Las Brisas, it is estimated that the construction of the facility will not be complete until 2013 or 2014. REQUIRED COUNCIL ACTION: Approval of a resolution authorizing the City Manager to publish a new blended water rate and negotiate and execute a water supply contract with Las Brisas contingent upon the issuance of an air quality permit by the Texas Commission for Environmental Quality. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Whereas the proposed location of the Las Brisas facility is within the City's Industrial District, if the facility is awarded permits to operate, staff wishes to inform the City Council that under the provisions of the ordinance creating the Industrial District (i.e., Ordinance 15898) the City intends to proceed with the execution of an industrial district contract. Also, whereas Las Brisas remains a potential purchaser of water if it is awarded permits required to operate in the State of Texas, it is recommended that the City Manager be authorized to publish a new blended water rate and fmalize negotiations and execute a water contract that is in the best interest of the City's water system.. ace.- fl29? Oscar R. Martinez Assistant City Manager oscarm @cctexas. com (361)826 -3897 Attachments: Presentation Material and Resolution -320- BACKGROUND INFORMATION The Las Brisas Energy Center, LLC is proposing to construct a 1,300 megawatt electric generation facility on the north side of the inner harbor at a total investment of between $2.5 and $3.2 billion. The proposed generation facility is anticipated to create 100 direct jobs plus an additional 180 indirect jobs. The average wage of the permanent jobs is expected to be $75,000 per year, excluding fringe benefits. Also, the construction of the of the facility is expected to be completed over a 3 to 4 year time frame and would create 1,300 direct and 2,600 indirect construction jobs. Before construction of the energy generation facility can occur, Las Brisas must first be granted an air quality permit by the Texas Commission for Environmental Quality (TCEQ). Last month there was a decision by Texas State Administrative Law Judges recommending that the TCEQ deny an application for a the Las Brisas petroleum coke plant proposed in Corpus Christi, Texas. Consequently, the three TCEQ Commissioners will consider the Administrative Law Judges recommendation in late May or early June and make a decision regarding the permit application submitted by Las Brisas soon after their review is complete. If the permit application is approved, Las Brisas has requested that the City sell between 15,344 and 21,000 acre feet of water annually to meet the generation facility' s operation requirements. Contract negotiation and execution would strictly be conditioned on Las Brisas' permit application being approved by the TCEQ. In order to protect the interest of the City's water system the City intends to negotiate water contract terms that will require Las Brisas to pay for: 1) any extraordinary costs incurred to deliver water to the Las Brisas site; 2) pay an amount to compensate the existing customers in our regional water system for their previous investments into the water system; 3) its fair share of raw water supply costs; 4) pay into a reserve funds to develop future raw water supplies; 5) pay for restoration of lost supply capacity if their annual take exceeds the contractually agreed volume of water; 6) extraordinary cost incurred for system peaking caused by their daily demand; and 7) purchase a guaranteed minimum amount of water. The City's water supply is considered sufficient to meet the water needs of Las Brisas. Meetings have been held with several of the City's regional partners to discuss the terms and conditions the contract will be negotiated. No material concerns were communicated during the briefings. —321— Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER TO ESTABLISH AND ADOPT BLENDED WATER RATE PRINCIPLES AND CREATE A NEW PUBLISH RATE CLASS: BLENDED WATER WHEREAS, Las Brisas Energy Center, LLC ( "Las Brisas ") has applied for the necessary permits to construct a petroleum coke - fueled power generation facility ( "facility ") on property owned by the Port of Corpus Christi along the northern shoreline of the Inner Harbor in Nueces County, Texas; WHEREAS, The facility will consist of two approximately 600 MW steam turbines fed by four boilers (each turbine and its two associated boilers are referred to as a "Unit "), for a net output of approximately 1200 MW; WHEREAS, Las Brisas needs a firm, Tong -term supply of between 15,344 and 21,000 acre -feet of water per year for the operation of both units; WHEREAS, the facility will be located within the City's Industrial District No. 1; WHEREAS, the facility will be located within the boundaries of the City's Certificate of Convenience and Necessity for potable water service; WHEREAS, Las Brisas has requested that in lieu of providing potable water, the City supply it with a new type of water "Blended Water," which is a blend of the City's various raw waters, and which has been partially treated to settle out some of the sediments; WHEREAS, the City's currently available water supplies are adequate to meet the needs of Las Brisas; WHEREAS, Las Brisas will pay for the construction of the pumping station and distribution pipeline need to transport the water from the City's O. N. Stevens Water Treatment Plant to its facility; WHEREAS, in order to encourage the economic development along the Joe Fulton Corridor and north side of the inner harbor, the distribution pipeline will be oversized to provide future blended water service to future customers; and WHEREAS, it is in the best interest of the City to encourage the development of additional power generation for the region; and WHEREAS, it is in the best interest of the City to encourage substantial capital investment and the creation of high wage jobs within its industrial districts; Las Brisas IDA - Blended Water Resolution no 2 - 05062010.DOC —322— Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to establish and adopt blended water rate principles and create a new publish rate class: Blended Water based upon the principles set out in Exhibit A, which is attached to and incorporated into this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of May, 2010. R. Jay Reining First Assistant City Attorney For City Attorney Las Brisas IDA - Blended Water Resolution no 2 - 05062010.DOC —323— Page 3 of 3 Corpus Christi, Texas 11th day of May, 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 Las Brisas IDA - Blended Water Resolution no 2 - 05062010.DOC —324— EXHIBIT A Blended Water Rate Principles 1. New published rate class — blended water. 2. Will have minimum monthly service charge with minimum volume. 3. Subject to Raw Water Cost Adjustment ( "RWCA. ") 4. RWCA will be adjusted to add new reserve for future water supplies. 5. Blended water volume charge will reflect diversion cost and operating and maintenance costs of blended water pump station and distribution charge. 6. Diversion costs will consider pumping costs from Nueces River to ONSWTP and costs of pre- sedimentation basis and wash -water recycle basin. Costs will be proportioned with treated water customers. 7. Consider peaking charge. 8. Rate will be "fair," "equitable," "non- discriminatory," and comply with generally accepted water rate principles. 9. Existing water customers will not pay for oversizing blended water distribution pipeline. 10. Impose "equity buy -in" fees for all new "large" customers. Currently customers who use 10,000,000 gallons per month are considered large customers. 11. Impose new capacity restoration subcharges for any customers taking more water than specified in contracts. Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A BLENDED WATER SUPPLY AGREEMENT WITH LAS BRISAS ENERGY CENTER, LLC WHEREAS, Las Brisas Energy Center, LLC ( "Las Brisas") has applied for the necessary permits to construct a petroleum coke - fueled power generation facility ( "facility ") on property owned by the Port of Corpus Christi along the northern shoreline of the Inner Harbor in Nueces County, Texas; WHEREAS, The facility will consist of two approximately 600 MW steam turbines fed by four boilers (each turbine and its two associated boilers are referred to as a "Unit "), for a net output of approximately 1200 MW; WHEREAS, Las Brisas needs a firm, long -term supply of between 15,344 and 21,000 acre -feet of water per year for the operation of both units; WHEREAS, the facility will be located within the City's Industrial District No. 1; WHEREAS, the facility will be located within the boundaries of the City's Certificate of Convenience and Necessity for potable water service; WHEREAS, Las Brisas has requested that in lieu of providing potable water, the City supply it with a new type of water "Blended Water," which is a blend of the City's various raw waters, and which has been partially treated to settle out some of the sediments; WHEREAS, the City's currently available water supplies are adequate to meet the needs of Las Brisas; WHEREAS, Las Brisas will pay for the construction of the pumping station and distribution pipeline need to transport the water from the City's O. N. Stevens Water Treatment Plant to its facility; WHEREAS, in order to encourage the economic development along the Joe Fulton Corridor and north side of the inner harbor, the distribution pipeline will be oversized to provide future blended water service to future customers; and WHEREAS, it is in the best interest of the City to encourage the development of additional power generation for the region; and WHEREAS, it is in the best interest of the City to encourage substantial capital investment and the creation of high wage jobs within its industrial districts; Las Brisas IDA - Blended Water Resolution 05062010.DOC —326— Page 2 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Once Las Brisas has received the necessary permits from the Texas Commission on Environmental Quality, the City Manager is authorized to negotiate and execute a blended water supply agreement based generally upon the principles set out in Exhibit A and the published blended water rates based upon the principles set out in Exhibit B, which are attached to and incorporated into this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of May, 2010. R. Jay Reining First Assistant City Attorney For City Attorney Las Brisas IDA - Blended Water Resolution 05062010.DOC —327— Corpus Christi, Texas 11th day of May, 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 Las Brisas IDA - Blended Water Resolution 05062010.DOC —328— Page 3 of 3 EXHIBIT A Blended Water Supply Agreement 1 The City will not waive sovereign immunity. 2. Blended water supply agreement will recognize existing water resources, natural variations in supply, and existing contracts. 3. City will supply up to 21,000 acre feet of blended water per year. 4. No City liability if City cannot provide water, Las Brisas will have right to terminate contract. 5. Sale of blended water will be a published water rates. Council retains current discretion to set rates and factors considered in rates. 6. Las Brisas will be responsible for constructing distribution pipeline and pumping facility. 7 City is not guaranteeing quality of blended water. Water quality is subject to variation based upon source, contamination of source water, chemicals that may be used in sedimentation processes, and chemical residues in wash /backwash waters. 8. Require "Equity Buy -In" fee. 9. Impose capacity restoration surcharge and open agreement to renegotiation if Las Brisas takes more water than specified in agreement. 10. Normal City billing, metering, and interest charges will apply. 11. City will own and operate pump station and pipeline. City will be responsible for maintenance and repairs. 12. No obligation to provide service beyond maximum amount of blended water specified for peak days in agreement. 13. Require Las Brisas to provide 5 -year water demand forecast. 14. Contract term limited to 30 years. 15. Subject to normal water conservation and drought contingency measures. 16. Other provisions the staff deems necessary to protect the City. EXHIBIT B Blended Water Rate Principles 1 New published rate class — blended water. 2. Will have minimum monthly service charge with minimum volume. 3. Subject to Raw Water Cost Adjustment ( "RWCA. ") 4. RWCA will be adjusted to add new reserve for future water supplies. 5. Blended water volume charge will reflect diversion cost and operating and maintenance costs of blended water pump station and distribution charge. 6. Diversion costs will consider pumping costs from Nueces River to ONSWTP and costs of pre - sedimentation basis and wash -water recycle basin. Costs will be proportioned with treated water customers. 7 Consider peaking charge. 8. Rate will be "fair," "equitable," "non- discriminatory," and comply with generally accepted water rate principles. 9. Existing water customers will not pay for oversizing blended water distribution pipeline. 10. Impose "equity buy -in" fees for all new "large" customers. Currently customers who use 10,000,000 gallons per month are considered large customers. 11. Impose new capacity restoration subcharges for any customers taking more water than specified in contracts. • T•• /\ W CD CD C!n C■ C7 I) o ill 71 0 CT ▪ ci- o 0 U,- o -1 (c) v J rn� ` D 0 CD 0 z r.) 0 O n 0 0 3 tD z co 0 0 cD co a L 73 CD L CD 0 CD L o = 3 Cn CD N- 5 a al CD y 0 0 CI CC n CAD -1 0 -0 CT CD CD cr iv c- CD D CD = X �� co 0) CD (n ca O c o FIT --s- 0- O CD O. 73 CD Cn cn cp O cn 3 0) CD OVERALL RATE DESIGN OBJECTIVES: ' + + 11 + 'I E. g. "r-,.- CA 0 (D c'�o 0 O� 1-t CiTC7 E. acv 0 -•`< - �a a co 'cs , co Q' c, � ' • co co Po co P co o as cc CD *CJ N• a • (la MOD uotsJan!Q + Raw Water costs per 1,000 gallons (charged to all customers) Charges to Las Brisas for Water • • • • • SD to C7 0 O z e--f cp CI) CO c Q_ 3 r, CO u) •• CD CD CS e.== 0 �- - Cp C7 O Cp Q = ▪ c - 3 0 C = C,.. 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CD CD CD 3 CD o - • ci) Q CD %:"--4 CD CD CD o fl) - UJ C o C7 CD C cri • Cn � Q 0 a CD • CD CD CD CD 0 v cT CD 0) :suogego6aN ;uenbesgnS suopy 0 • o > rri CD o CD S cn = n 0 0 = 0 0 0 CD O.Q) rn ah 0 rn 3 to CD �� v A c m cn —1 0 z cn •J -359- 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Health and Risk Management Claims Report — Year -to -Date, Period ending January 31, 2010 STAFF PRESENTER(S): Name Title /Position 1. Cynthia Garcia Director 2. 3. OUTSIDE PRESENTER(S): Department Human Resources Name Title /Position Organization 1. 2. 3. BACKGROUND: REQUIRED COUNCIL ACTION: n/a PowerPoint Supplemental Information 2 Cyntl la Garcia Director of Human Resources cynthiagc 2cctexas.com 361- 826 -3315 City of Corpus Christi Department of Human Resources Health and Risk Management Claims Report Year -to -Date Report Period Ending January 31, 2010 Table of Contents Risk Fund Health Plan Update 3 Workers' Compensation 11 General Liabilities 16 Health Plans The following provides an overview of expense activity for the first six months of fiscal year 2010 for the City's health plans: • Citicare (Civilian) • Alternate (Civilian) • Fire • Public Safety (Police) Data is also provided, where helpful, in comparison to previous years experience at the same point in time. It is important to understand that although claims experience and resulting costs vary month to month, given the City's self - insured plan structure, the data provided illustrates plan activities for the period, and is useful in communicating the financial status of the health plans. Enrollment At the end of the second quarter of FY10, there were an average of 1,909 active employees enrolled in Citicare, 81 in Alternate, 383 in Fire, and 449 enrolled in Public Safety. Graph H -1 shows that the ratio of employees to dependents insured under Citicare and Alternate is almost 1:1, whereas the ratio for Fire & Public Safety plans is almost 2:1. Graph H -1 FY 2010 Average Enrollment by Plan for Active Employees and Dependents L,JVV 2,000 1,500 1,000 500 0 Citicare Fire Public Safety Alternate • Employee 1,909 383 449 81 • Dependent 2,098 775 _ 883 112 Table H -1 shows, at the end of the second quarter FY10, 14% of the enrollees in Citicare were Retirees. In Fire, Retirees made up 22% of total enrollment, and in Public Safety retirees made up 23% of enrollees. The Alternate plan is not offered to retirees at this time. Table H -1 Medical and Pharmacy Expense by Subscriber Graph H -2 shows that 14% of the Citicare plan's total medical expenses paid are for Retirees, 35% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 23% of total medical expenses paid are for Retirees. Graph H -2 FY10 Total Medical Expenses by Subscriber Type Period Ended January 31 410,VVV,VVU Employee Retiree Citicare 1,909 86% 312 14% Fire 383 79% 105 21% Public Safety 449 77% 135 23% Alternate 81 100% 0 0% Medical and Pharmacy Expense by Subscriber Graph H -2 shows that 14% of the Citicare plan's total medical expenses paid are for Retirees, 35% of total medical expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 23% of total medical expenses paid are for Retirees. Graph H -2 FY10 Total Medical Expenses by Subscriber Type Period Ended January 31 410,VVV,VVU $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $- Citicare Fire Public Safety Alternate • Employee & Cobra $5,360,544 $1,407,063 $1,402,500 $203,940 ❑ Retiree $903,151 $745,988 $411,643 $- —371— 4 Graph H -3 shows that 30% of the Citicare's plan's total pharmacy expenses paid are for Retirees, 47% of total pharmacy expenses paid in the Fire plan are for Retirees, and in the Public Safety plan 36% of total pharmacy expenses paid are for Retirees. Graph H -3 FY10 Total Pharmacy Expenses by Subscriber Type Period Ended January 31 # I,uvv'WV $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 ■ ■ - $- Citicare Fire Public Safety Alternate ■ Employee & Cobra $899,210 $351,274 $409,465 $12,580 0 Retiree $391,958 $316,476 $230,556 $- Medical and Pharmacy Expense by Plan Graph H -4 shows the medical, stop loss and pharmacy expenses for Citicare (including Basic in FY08 and Alternate Choice in FY09 & FY10) for the first six months of the year in FY08, FY09 and FY10. Citicare Graph H -4 u ,vuu,uuu $6,000,000 ;5,000,000 $4,000,000 ;3,000,000 _■ $2,000,000 61,000,000 _ $ FY08 FY09 FY10 • Medical $4,895,407 $5,544,122 $6,467,635 • RX $1,016,968 $1,243,397 $1,303,748 —373— 5 —373— 5 Graph H -5 shows the medical, stop loss and pharmacy expenses for Fire for the first six months of the year in FY08, FY09 and FY10. $2,500,000 Graph H -5 Fire Graph H -6 shows the medical, stop loss and pharmacy expenses for Public Safety for the first six months of the year in FY08, FY09 and FY10. Graph H -6 Public Safety Dd,VVV,■VV 62,000,000 $1,500,000 61,000,000 $500,000 61,000,000 $- FY08 FY09 FY10 • Medical $1,623,749 $1,234,358 $2,153,051 n W( $589,519 $630,767 $667,748 Graph H -6 shows the medical, stop loss and pharmacy expenses for Public Safety for the first six months of the year in FY08, FY09 and FY10. Graph H -6 Public Safety Dd,VVV,■VV $2,500,000 62,000,000 $1,500,000 61,000,000 $500,000 $- FY08 FY09 FY10 • Medical $2,601,765 $1,600,808 $1,627,912 • RX $517,245 $583,435 $640,022 —375— 6 Total Medical and Pharmacy Expense Graph H -7 shows medical, stop loss and pharmacy expenses paid for all plans combined for the first six months of FY08, FY09 and FY10. • The overall costs for all plans in FY10 increased in claims expense paid compared to FY09. • Total medical expenses decreased from FY08 to FY09, but increased from FY09 to FY10. • Pharmacy expenses increased each year, from a 16% increase from FY08 to FY09, as compared to a 6% increase from FY09 to FY10. $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 Graph H -7 Total Medical & Pharmacy Expenses Paid All Plans as ofJanuary 31 FY08 FY09 FY10 • Medical • RX -377- 7 Claims by Category Comparison Table H -2 shows by plan the total medical and pharmacy costs for the first six months of FYl O by type of utilization. • Hospitalization represents 24% of total claims costs • Specialists care represents 22% of total claims costs • Outpatient Facility represents 12% of total claims costs Alternate Citicare Fire Public Safet Table H -2 Totals Distribution Facility (Inpatient) $ 164,691 $ 1,482,184 $ 912,022 $ 534,647 $ 3,093,544 24% Emergency Room $ 4,470 $ 511,810 $ 105,612 $ 110,061 $ 731,953 6% Urgent Care $ 820 $ 10,133 $ 9,851 $ 12,014 $ 32,818 0% Facility (Outpatient) $ 3,273 $ 836,749 $ 410,456 $ 227,589 $ 1,478,067 11% Office Visit (Primary Care) $ 8,919 $ 439,790 $ 91,998 $ 146,091 $ 686,798 5% Office Visit (Specialist) $ 14,478 $ 1,997,292 $ 436,364 $ 314,395 $ 2,762,529 21% Outpatient Physician Svs $ 778 $ 268,758 $ 79,174 $ 96,187 $ 444,897 3% Independent Lab $ 1,472 $ 90,355 $ 27,284 $ 31,036 $ 150,147 1% *Other $ 5,039 $ 626,623 $ 80,290 $ 155,893 $ 867,845 7% Total Medical $ 203,940 $ 6,263,694 $ 2,153,051 $ 1,627,913 $ 10,248,598 80% Pharmacy $ 12,580 _ $ 1,291,169 $ 667,748 $ 640,021 $ 2,611,519 20% Total Medical /Pharmacy $ 216,520 $ 7,554,863 $ 2,820,799 $ 2,267,934 $ 12,860,115 100% Stop Loss Activity At the end of the second quarter there were four stop loss cases; participants who have had claims costs exceeding $150,000 in the plan year. The stop loss carrier, Humana, will be responsible for remaining claims costs which would have been the City's responsibility. Expenses that are paid in excess of the $150,000 cap are reimbursed to the City. Those reimbursements have not been deducted from the above claims expense data. We have received a total of $567,618 in reimbursements in the first six months of FY10. -379- 8 Cost Per Employee /Retiree Graph H -8 and Table H -3, show average cost per employee for medical & pharmacy expenses (employee count is based on active employees, retirees & Cobra participants), comparing the first six months of FY09 to FY10. • Citicare had a 13% increase in cost per employee; • Citicare Public Safety had a 3.4% increase in cost per employee; • Citicare Fire had a 54.4% increase in cost per employee. Annual Comparison of Average Monthly Cost Per Employee (Includes Retirees) of Total Medical and Pharmacy Plan Expenses Graph H -8 FY09 Average Monthly Claims Cost per Employee Period Ended January 31 Alternate, $203 , 10% Public Safety, $626 , 32% Citicare, $500 , 26% Fire, $623 , 32% FY10 Average Monthly Claims Cost per Employee Period Ended January 31 Alternate, $445 , 17% Public Safety, $648 , 25% Citicare, $565, 22% Fire, $962 , 36% Table 11-3 -381- 9 Citicare — Fire Public Safe Alternate Medical Pharmacy Avq per Medical Pharmacy $211 Avq per Medical $459 Pharma Avq per Medical $179 Pharmacy Avg per Employee $500 Employee $623 Employee $626 Employee $203 FY09 $408 $92 $412 $167 $24 FY10 $469 $97 $565 $734 $228 $962 $465 $183 $648 $419 $26 $445 -381- 9 Total Costs Table H -4 shows total expenses by plan including medical and pharmacy claims, Third Party administrator fees, and Specific Stop Loss premiums for the first six months of FY10. Table H -4 Health Plan Actual Expenses • (Active Employees, Retirees, and Cobra) Plan Medical RX Admin Fees (Stop Loss & TPA Fees) FY10 Total (Period Ended Jan 31) Citicare $ 6,263,695 $ 1,291,168 $ 975,685 $ 8,530,548 Citicare Fire $ 2,153,051 $ 667,748 $ 216,442 $ 3,037,241 Citicare Public Safety $ 1,627,912 $ 640,022 $ 262,781 $ 2,530,714 Total: $10,044,657 $ 2,598,939 $ 1,454,908 $ 14,098,504 Table H -5 Expenses Citicare Fire Public Safety Humana Claims $ (7,554,863) $ (434,148) $ (2,820,799) $ (96,954) $ (2,267,934) $ (117,711) TPA Fees Stop Loss Premiums $ (535,054) $ (2,904) $ (119,488) $ - $ (145,070) $ - CVB TPA Fees CVB Stop Loss Premiums $ (3,579) $ - $ - Total: $ (8,530,548) $ (3,037,241) $ (2,530,714) Revenues Active $ 1,507,385 $ 762,775 $ 601,348 Retired $ 733,467 $ 351,072 $ 421,102 Cobra $ 12,770 $ 2,342 $ 1,617 Grants Contribution $ 207,751 $ - $ - City Contribution $ 4,699,939 $ 1,134,150 $ 1,719,348 Council Contribution $ 1,433 $ - $ - CVB Contribution $ 32,975 $ - $ - Stop Loss Reimbursements $ 252,209 $ 237,540 $ 77,869 Total: $ 7,447,928 $ 2,487,879 $ 2,821,285 Net Balance: $ (1,082,620) $ (549,362) $ 290,570 Table H -5 shows the revenues and expenses for the first six months of FY10, and the net balance by plan for the year. • Citicare expenses exceeded revenues collected from premiums and stop loss reimbursements. Citicare was budgeted to draw down from the fund balance $850,000 in FY10. Fire expenses exceeded revenues collected from premiums and stop loss reimbursements. As of July 31, 2009, per City CAFR, Fire has a deficit of $4,622,159. • Public Safety's revenues have exceeded their expenses during the first six months of FY10, however the City CAFR indicates a fund balance deficit of $109,143 as of July 31, 2009. As such, the Public Safety plan remains at risk due to the impact a high claim could have, given the small size of the group. -383- 10 Risk Management This report will illustrate the Workers Compensation and General Liability claims activity that occurred in the first six months of fiscal year 2010. Workers' Compensation The total number of claims filed for Workers Compensation has increased 3.7% during the first six months of FY10, compared to the number of claims filed in FY09. As illustrated by Graph WC -1 shown below and Table WC -1 shown on the next page, the Solid Waste, Water, Storm Water, Police and Gas departments show decreases in the number of claims filed, however the Wastewater department increased 51.9 %, Fire increased 44.9 %, and Streets increased 18.8 %. The number of Solid Waste claims decreased from 67 to 51, down by 23.9 %; Water had 25 claims at the end of the second quarter 2009 and 22 in FY2010, down by 12 %. All other departments had insignificant increases /decreases. 500 450 400 350 300 250 200 150 100 50 0 Graph WC -1 Year -To -Date Claims Count Comparison (Period Ending January 31) • All Other • Park & Recreation ❑ Fire • Gas Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets o Police FY08 FY09 FY10 —385— 11 Table WC -1 Year -to -Date Claims Count Comparison (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 -FY10 Police 118 92 83 -9.8% Fire 63 49 71 44.9% Solid Waste 39 67 51 - 23.9% Wastewater 45 27 41 51.9% Park & Recreation 45 34 35 2.9% Water 23 25 22 -12.0% Gas 14 22 20 -9.1% Streets 25 16 19 18.8% Storm Water 5 10 9 -10.0% AII Other 78 89 96 7.9% Total: 455 431 447 3.7% Incurred costs have decreased from FY2009 compared to FY2010, going from $821,468 to $671,939, down 18.2% as shown by Graph WC -2 and Table WC -2. Wastewater had the largest increase (275.7 %) while Streets had the largest decrease (74.9 %) in incurred costs. Incurred costs also increased in the Gas department (33.7 %) and Park & Recreation (25.8 %). Incurred costs decreased in Storm Water (69.9 %), Fire (25.9 %), and Solid Waste (26.4 %). $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Graph WC -2 Year -To -Date Incurred Cost Comparison (Period Ending January 31) FY08 FY09 FY10 • All Other • Park & Recreation ❑ Fire • Gas Storm Water • Water ❑ Solid Waste ❑ Wastewater • Streets p Police —387— 12 Table WC -2 Year -to -Date Incurred Costs Comparison (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 to FY10 Solid Waste $ 28,775 $ 240,808 _ $ 177,252 -26.4% Police $ 271,047 $ 126,328 $ 117,691 -6.8% All Other $ 83,859 $ 103,184 $ 103,826 0.6% Fire $ 50,547 $ 83,034 $ 61,541 -25.9% Gas $ 14,254 $ 45,594 $ 60,955 33.7% Wastewater $ 40,881 $ 11,086 $ 41,647 275.7% Water $ 69,559 $ 32,385 $ 38,951 20.3% Storm Water $ 5,981 $ 109,467 $ 32,992 -69.9% Park & Recreation $ 69,627 $ 19,500 $ 24,525 25.8% Streets $ 65,092 $ 50,082 $ 12,558 -74.9% Total: $ 699,622 $ 821,468 $ 671,939 -18.2% Graph WC -3, compares incurred cost to actual paid cost on claims filed in the current fiscal year. Our incurred cost at the end of the second quarter of FY10 was $671,939; paid cost totaled $333,981. Graph WC -3 $1,000,000 $800,000 $600,000 $400,000 $200,000 Incurred Costs vs. Paid Costs (Period Ending January 31) FY08 FY09 o Incurred Costs • Paid Costs FY10 Graph WC -4, represents dollars paid during the first six months of the year for claims filed in previous years. The total is S935,933, of which 65% were payments on claims filed in FY09. Graph WC -4 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $- Dollars Paid in Current Year for Prior Years' Claims $605,845 $164,143 $106,571 $32,509 $26,866 Prior to FY06 FY06 FY07 FY08 FY09 Graph WC -5 shown next provides claims count data by the type of accident occurring during the first six months of each of the recent fiscal years. The number of accidents due to falls /slips and strains /injuries continue to be fairly consistent from year to year and are two of the most common types of accident the City incurs. 500 450 400 350 300 250 200 150 100 50 0 Year -To -Date Claims Count by Type of Accident (Period Ending January 31) FY08 FY09 FY10 Graph WC -5 ❑ All Other • Struck /Injured • Striking Against /Stepping On ❑ Strain/Injury • Motor Vehicle o Foreign Body in Eye • Falls /Slips ❑ Cuts /Scrapes • Caught Between • Bums /Scalds o Animal /Insect Bite -391- 14 Graph WC -6 (Table WC -3) shown next gives claim counts by type of injury. Consistently, strains are the most common type of injury sustained. Sprains, lacerations and contusions are other frequent injury types. 500 450 400 350 300 250 200 150 100 50 0 Graph WC -6 Year -To -Date Claims Count by Type of Injury (Period Ending January 31) • All Other Injuries • Strain 0 Sprain 1 Puncture CI Multiple Physical Injuries • Laceration 0 Inflamation 0 Foreign Body • Contusion (bruise) 0 Burn FY08 FY09 FY10 Table WC -3 shows that the type of injury that has increased the most is Multiple Physical Injuries, up 190.9 %, followed by All Other Injuries (153.1 %) and Punctures (64.7 %). Overall, the total number of injuries has increased only 3.7% from FY09 to FY10. Table WC -3 Year -To -Date Claims Count by Type of Injury ' (Period Ended January 31) Claim Type FY08 FY09 FY10 % Change FY09 to FY10 Strain 89 121 108 -10.7% All Other Injuries 156 32 81 153.1% Contusion (bruise) 60 81 66 -18.5% Sprain 33 39 42 7.7% Laceration 55 61 37 -39.3% Multiple Physical Injuries 5 11 _ 32 190.9% Inflammation 13 44 31 -29.5% Puncture 27 17 28 64.7% Foreign Body 9 15 13 -13.3% Burn 8 10 9 - 10.0% Total: 455 431 447 3.7% —393— 15 General Liabilities General Liability claims filed in the first six months of FY10, compared to FY09, increased by 27 %, from 311 to 395, as shown in Graph GL -1 and Table GL -1. The largest increases were in Water (111.5 %), Streets (78.9 %) and Solid Waste (50 %), and the largest decreases were in Park & Recreation (23.5 %) and Fire (17.6 %). Graph GL -1 450 400 350 300 250 200 150 100 50 Liability Claims Count by Department Period Ended January 31 0 FY08 FY09 FY10 • All Other • Park & Recreation ❑ Fire • Gas o Storm Water • Water o Solid Waste ❑ Wastewater • Streets o Police Table GL -1 General Liability Claims Count By Department (Period Ended January 31) Department FY08 FY09 FY10 % Change FY09 to FY10 Police 81 69 68 -1.4% Streets 30 38 68 78.9% All Other 29 45 59 31.1% Water 36 26 55 111.5% Wastewater 51 40 44 10.0% Solid Waste 42 28 42 50.0% Storm Water 15 20 21 5.0% Fire 24 17 14 - 17.6% Park & Recreation 25 17 13 -23.5% Gas 23 11 11 0.0% Total: 356 311 395 27.0% —395— 16 As shown below in Graph and Table GL -2, overall incurred costs have decreased 60% in FY10 compared to FY09. Incurred cost for Streets claims was the largest of all departments, with a 848.5% increase from FY09 to FY10. We also saw increases in Parks and Recreation (78.8 %). The largest decreases were in Fire (100 %), Police (94.6 %), Water (72.7 %) and Gas (70 %). Graph GL -2 $600,000 $500, 000 $400,000 $300,000 $200,000 $100,000 General Liability Incurred Costs by Department Period Ended January 31 FY08 FY09 FY10 ■ All Other ■ Park & Recreation 0 Fire • Gas o Storm Water • Water o Solid Waste 0 Wastewater • Streets o Police Table GL -2 General Liability Incurred Costs By Department Period Ended January 31 Department FY08 FY09 FY10 % Change FY09 to FY10 Solid Waste $ 15,339 $ 55,426 $ 38,792 - 30.0% Water $ 2,151 $ 65,661 $ 17,930 - 72.7% Police $ 79,735 $ 288,236 $ 15,465 -94.6% Parks $ 8,034 $ 7,472 $ 13,358 78.8% Wastewater $ 8,729 $ 17,260 $ 12,534 -27.4% Storm Water $ 50,750 $ 12,338 $ 7,649 -38.0% Gas $ 6,400 $ 20,194 $ 6,050 -70.0% Streets $ 4,979 $ 517 $ 4,908 848.5% Fire $ 12,864 $ 15,297 $ - - 100.0% All Other $ 47,806 $ 5,797 $ 78,607 1256.0% Total: $ 236,786 $ 488,198 $ 195,293 -60.0% -397- 17 As shown in Graph GL -3 below, the percent of incurred costs actually paid out was 48% in FY08, 37% in FY09 and 62% in FY10. The total number of claims from FY09 to FY10 increased 27 %, the total incurred costs decreased 60 %, and the paid costs decreased 32.1 %. Graph GL -3 Incurred Costs vs. Paid Costs Period Ended January 31 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $488,198 $236,786 $178,370 $112,800 $195,293 $121,183 FY08 FY09 FY10 o Incurred Costs • Paid Costs General Liability Claims Types The following Graph GL -4 and Table GL -3 show claim counts by type of claim for General Liability claims. Property Damage claims continue to be one of the largest number of claims filed, however vehicle accidents and damage to vehicles was the most common. The claim types with the largest increases from FY09 to FY10 are Policies/Practices /Contract claims (100 %) and City Only claims (75.9 %). -399- 18 Graph GL -4 450 400 350 300 250 200 150 100 50 General Liability Claim Types Period Ended January 31 FY08 FY09 FY10 ❑ Vehicle Related • Property Damage o Policies /Practices /Contract • Personal Injury ❑ Collectible ❑ Civil Rights /Employment ■ City Only El All Other The City Only claim type includes claims that are filed within city departments; not involving outside entities, such as when two city vehicles collide. The Policies/Practices /Contract claim type includes issues such as challenges to city ordinances or zoning issues. Table GL -3 General Liability Claim Types (Period Ended January 31) Claim Type FY08 FY09 FY10 Change FY09 to FY10 Vehicle Related 96 83 115 38.6% Property Damage 109 91 103 13.2% Collectible 82 69 93 34.8% City Only 42 29 51 75.9% Personal Injury 24 20 22 10.0% All Other 1 12 4 -66.7% Civil Rights /Employment 0 7 4 -42.9% Policies /Practices /Contract 2 0 3 100.0% Total: 356 311 395 27.0% —401— 19 Graph GL -5 charts the amount of money paid during FY2010 for claims filed in previous years. The total amount paid is $727,677of which 31% were payments on FY09 claims and 42.9% were payments on FY08 claims. Graph GL -5 $350,000 $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 $- Dollars Paid in Current FY for Prior Years' Claims Period Ended January 31 Prior to FY06 FY06 FYO7 FY08 FY09 Motor Vehicle Accidents At the end of the 2nd quarter of FY10, the number of total motor vehicle accidents was 124, compared to 146 for FY09, down 15 %. The number of total preventable accidents for FY10 was 72, compared to 62 in FY09, up 16 %. The Police Department consistently has the highest number of preventable accidents each year. 160 140 120 100 80 60 20 City Vehicle Accidents Annual Comparison - Period Ended January 31 Graph GL -6 2008 2009 p Number of Accidents • Number of Preeentables 2010 -403- 20 Year -To -Date Claims Count Comparison (Period Ending January 31) 500 450 All Other 400 Park & Recreation • 350 ❑ Fire 300 Gas 0 Storm Water 250 ▪ Water 200 Solid Waste 150 ❑ Wastewater 0 100 »�» Streets Police 50 0 I I FY08 FY09 FY10 i O a E ch 0 U O • C O • c ✓ • � C W +- O c� • 0 a) o a I- a) • All Other • Park & Recreation 0 Storm Water 0 Solid Waste 0 Wastewater ) a) a O U_ � O d 0 0 0 0 0 0 0 0 0 o El 0 o o 0 0 0 0 0 0 0 o o 0 0 0 0 0 0 0 69 Co ti CD LO M N O� Eii f:} Eii f:} Eii f:} Eii f:} Eii co U- 0 CD o o 0 0 0 0 0 o o 0 0 0 0 >.0 o o o a o o >0 Q � LO 0 0 - N. Ef} Eft 55 69- Et} Efi Ef} Ef}' i a) E cc a Q M 0 co A = s) _ ca a O w U v CO = E w O U 'E a co .0 J All Other ▪ Park & Recreation N a) Storm Water a) co o Solid Waste ▪ Wastewater I J I J EMU ° In 00 0 00 I°n 00 0 00 I° 0 n Tr M M N N 0_ LL E to Q. 0 A M N O O c) 'c3 v :.iw v o S J cv a, a Dollars Paid in Current FY for Prior Years' Claims Period Ended January31 1■•• co v- Eft 0 N N N N co 0 0 .cf 47). o o o o o o o o o o o o o o 0 0 0 0 0 0 0 0• 0• ci 0• 0• ci 0• ul o in o in 0 in C.) cl N N 7). EA- EA- EA- EA- CO 0 LI N- O LL CD >- U- Prior to FY06 City Vehicle Accidents Annual Comparison - Period Ended January 31 160 146 140 137 124 120 100 80 62 72 60 60 40 20 0 2008 2009 2010 ❑ Number of Accidents 0 Number of Preventables