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Team Members
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD ST,
CORPUS CHRISTI, TEXAS 78401
JUNE 8, 2010
10:00 A.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 Listed desea dirigirse al Concilio y cree que su ingles es lirnitedo, habra un interprete ingles- espaPol an Codas las
juntas del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements
can be made.
A. Mayor Joe Adame to call the meeting to order.
B. Invocation to be given by Reverend Eduardo Montemayor, Corpus Christi Cathedral.
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
June 8, 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 May 25, 2010. (Attachment # 1)
F. SPECIAL BUDGET PRESENTATION:
Public comment will not be solicited on Presentation items.
2. FY 201 0 -2011 Budget Strategy Session (Attachment # 2)
(To be considered at approximately 10 :00 A.M.)
G. BOARD & COMMITTEE APPOINTMENTS: (Attachment # 3)
3. • Board of Adjustment
* Corpus Christi Downtown Management District
Corpus Christi Regional Transportation Authority
* Senior Companion Program Advisory Committee
H. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the
City Council will use a different method of adoption from the one
listed; may finally pass an ordinance by adopting it as an emergency
measure rather than a two reading ordinance; or may modify the
action specified. A motion to reconsider may be made at this meeting
of a vote at the last regular, or a subsequent special meeting; such
agendas are incorporated herein for reconsideration and action on
any reconsidered item.
I. CONSENT AGENDA
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been furnished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by
one vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items
not requiring separate discussion have been acted upon. The remaining
items will be adopted by one vote.
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances
not removed for individual consideration.)
Agenda
Regular Council Meeting
June 8, 2010
Page 3
4.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Resolution authorizing the City Manager or his designee to
execute an Interlocal Agreement with the West Oso
Independent School District to provide services for a
summer latchkey program. (Attachment # 4)
b. Ordinance appropriating $55,000 in the General Fund No.
1020 from revenue received from Latchkey Program in the
West Oso Independent School District; changing the FY
2009 -2010 Operating Budget adopted by Ordinance No.
028252 to increase estimated revenues and appropriations
by $55,000 each. (Attachment # 4)
5. Resolution authorizing the City Manager or his designee to
execute an Interlocal Agreement with the Calallen Independent
School District to provide transportation services for youth
recreation programs. (Attachment # 5)
6. Resolution authorizing the City Manager or his designee to
execute an Interlocal Agreement with the Corpus Christi
Independent School District to provide transportation services
for youth recreation programs. (Attachment # 6)
7. Resolution .authorizing the City Manager or his designee to
execute an Interlocal Agreement with the Flour Bluff
Independent School District to provide transportation services
for youth recreation programs. (Attachment # 7)
8.
a. Resolution authorizing the City Manager or his designee to
execute all documents necessary to accept the Summer
Food Service Program Grant in the amount of $219,256 from
the Texas Department of Agriculture to operate a Summer
Food Service Program for Summer Recreation Program
participants ages one to eighteen years. (Attachment # 8)
b. Resolution authorizing the City Manager or his designee to
execute an Interlocal Cooperation Agreement with Corpus
Christi Independent School District to provide summer food
services for Summer Recreation. (Attachment # 8)
Agenda
Regular Council Meeting
June 8,2010
Page 4
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
c. Ordinance appropriating a $219,256 grant from the Texas
Department of Agriculture in the No. 1067 Parks and
Recreation Grant Fund to operate a Summer Food Service
Program for Summer Recreation participants ages one to
eighteen years. (Attachment # 8)
9. Ordinance amending Ordinance No. 027968, by correcting the
description of the abandoned and vacated right of way to a
61,038.00 square foot portion of the undeveloped and
unsurfaced South Oso Parkway dedicated public right of way,
out of a portion of the Botanical Gardens Park Unit 4, Volume
63, Pages 139 -140, Map Records of Nueces County, Texas,
also being out of the Laureles Farm Tracts, Section 31, Volume
3, Page 15, Map Records of Nueces County, Texas, 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. (Attachment
# 9)
10. First Reading Ordinance - Authorizing the City Manager or his
designee to execute "First Amendment to Lease Agreement"
with New Cingular Wireless PCS, LLC to amend the existing
lease of City property for CeII Tower use by: (1) defining the
Consumer Price Index to be the All Urban Consumers, Houston -
Galveston- Brazoria, All Items Index; (2) giving Lessee the right
to grant "Co- Locating use Licenses" to portions of the leased
premises; (3) requiring Lessee to pay the City an annual fee of
$9,600 per Licensee; (4) replacing Lessee's name and address
from Southwestern Bell Mobile Systems, Inc. to New Cingular
Wireless PCS, LLC; and (5) keeping intact all other terms of the
lease. (Attachment # 10)
11.
a. Resolution approving a schedule of new and increased
spay /neuter clinical charges. (Attachment # 11)
b. First Reading Ordinance - Amending the following provisions
of Chapter 6 the Code of Ordinances: Section 6 -27, entitled
"Fees," to establish fees for the issuance of a three -year
registration; Section 6 -28, entitled "Term," to revise the
section to include a new three -year registration; Section 6-
29, entitled "Issuance and Wearing of Tag," to revise the fee
for a replacement registration tag and establish a new fee for
Agenda
Regular Council Meeting
June 8, 2010
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a replacement rabies tag; Section 6 -54, entitled "Fees," to
revise permit fees; and Section 6 -126, entitled "Rabies
Vaccination," to allow for a three -year rabies vaccine:
creating new Section 6 -104 to establish fees for small animal
traps and new Section 6 -105 to establish a dead animal
pick -up service fee; providing for an effective date; providing
for penalties; and providing for publication. (Attachment
#11)
J. 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.
K. PUBLIC HEARINGS:
ZONING CASES:
14. Case No. 0410 -03. Champion Technologies. Inc. -- A change of
zoning from "1 -2" Light industrial District to "l -3" Heavy industrial
District resulting in a change of and use from light industrial to
heavy industrial use on property described as Starcrest Place 2,
Block 5, Lots 18, 19 & 20, generally located at the northeast
corner of the intersection of Santa Elena Street and Centaurus
Drive, at 350 Centaurus Drive. (Attachment # 14)
Agenda
Regular Council Meeting
June 8, 2010
Page 6
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Planning Commission and Staffs Recommendation: Denial of
the "1 -3" Heavy Industrial District in lieu thereof approval of the
"I -2 /SP" Light Industrial District with a Special Permit, subject to
a Site Plan and four (4) conditions.
ORDINANCE
Amending the Zoning Ordinance, upon application by Champion
Technologies, Inc., by changing the Zoning Map in reference to
Starcrest Place 2, Block 5, Lots 18, 19, & 20 from "I -2" Light
Industrial District to "I -2 /SP" Light Industrial District with a
Special Permit to allow one (1) UL142 above ground fuel
storage tank not to exceed 1,000 gallons, one (1) UL2085
above ground fuel storage tank not to exceed 2,000 gallons and
the use of above ground storage tanks, above ground blending
vessels and storage containers for oilfield specialty chemicals,
subject to a Site Plan and four (4) conditions; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan; providing a repealer clause;
providing a penalty; and providing for publication.
15. Case No. 0410 -04, Yorktown Oso Joint Venture: A change of
zoning from "F -R" Farm -Rural District and "R-1C" One- Family
Dwelling District to "R -1 C" One- Family Dwelling District resulting
in a change of land use from farm -rural to one - family dwelling
use on property described as 5.347 acres out of Flour Bluff and
Encinal Farm and Garden Tracts, Section 25, Lots 17, 18, 31
and 32, and Rancho Vista Unit 3, Block 12, Lot 8 and a portion
of Rodd Field Road and Cattlemen Drive, generally located
south of Brown Drive, west of Ft. Griffen Drive, approximately
1,300 feet southwest of Yorktown Boulevard on the southeast
side of Rodd Field Road. (Attachment # 15)
Planning Commission and Staffs Recommendation: Approval
of the "R-1C" One- Family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Yorktown
Oso Joint Venture, by changing the Zoning Map in reference to
5.347 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 25, Lots 17, 18, 31 and 32, and Rancho Vista
Unit 3, Block 12, Lot 8 and a portion of Rodd Field Road and
Cattlemen Drive, from "F -R" Farm Rural District to "R-1C" One -
Family Dwelling District; amending the Comprehensive Plan to
Agenda
Regular Council Meeting
June 8,2010
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
account for any deviations from the existing Comprehensive
Plan; providing a repealer clause; providing a penalty; and
providing for publication.
CRIME CONTROL AND PREVENTION DISTRICT BUDGET:
16. Public Hearing on the FY 2010 -2011 Budget adopted by the
Corpus Christi Crime Control and Prevention District Board of
Directors. (Attachment # 16)
L. REGULAR AGENDA
CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES:
17. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Solka Nava Torno
Architects, of Corpus Christi, Texas in the amount of $199,550
for design, bid, construction phase and additional services for
the Greenwood Library Remodeling and Improvements Project.
(BOND ISSUE 2008) (Attachment # 17)
18. Motion authorizing the City Manager or his designee to execute
Change Order No. 4 to the construction contract with Haas
Anderson Construction, Ltd. of Corpus Christi, Texas in the
amount of $160,887.56 for a total restated fee of $1,793,608.17
for Street Overlays Group 2 for full depth repair of Wooldridge
Road and Flato Road. (BOND ISSUE 2008) (Attachment # 18)
19. Motion authorizing the City Manager or his designee to execute
an Agreement for Construction Materials Testing and
Engineering Services with Arias & Associates, Inc. of Corpus
Christi, Texas, in the amount of $71,383 for Yorktown Boulevard
- Staples to Cimarron. (BOND ISSUE 2008) (Attachment # 19)
20. Motion authorizing the City Manager or his designee to execute
a construction contract with Relmco, Inc. of Hondo, Texas in the
amount of $500,702 for Hopkins Road Drainage Improvements
for the Total Base Bid Parts A and B plus Additive Alternate No.
2 Part D (Slough Road). (GIP FY 2010) (Attachment # 20)
Agenda
Regular Council Meeting
June 8, 2010
Page 8
21.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
a. Ordinance appropriating $2,421,723.08 in the No. 4020
Mustang Island Construction Fund to return the escrow
balance maintained by the City dedicated to the construction
and installation of water transmission, pumping, storage, and
other facilities necessary to furnish an adequate water
supply of fresh, potable water to meet the needs of lands
and users on Mustang Island in the future, with earned
income, to Nueces County Water Control and Improvement
District No. 4, as part of the mediated settlement of Nueces
County Water Control and Improvement District No. 4 vs.
City of Corpus Christi, before the Texas Commission on
Environmental Quality, TCEQ Docket No. 2008 - 1473 -UCR,
SOAH Docket No. 582 -09 -1170. (Attachment # 21)
b. Motion ratifying the payment of $2,421,723.08 to Nueces
County Water Control and Improvement District No. 4 in
compliance with the mediated settlement of Nueces County
Water Control and Improvement District No. 4 vs. City of
Corpus Christi, before the Texas Commission on
Environmental Quality, TCEQ Docket No. 2008- 1473 -UCR,
SOAH Docket No. 582 -09 -1170. (Attachment # 21)
M. BUDGET PRESENTATION:
Public comment will not be solicited on Presentation items.
22. Proposed FY 2010 -2011 Operating Budget: General Fund,
Part 1 (Attachment # 22)
N. OTHER PRESENTATION:
Public comment will not be solicited on Presentation items.
23. Status of Animal Care Division of the Corpus Christi - Nueces
County Public Health District (Attachment # 23)
O. 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 rnade of the meeting; therefore, please speak into the
Agenda
Regular Council Meeting
June 8,2010
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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.
P. CITY MANAGER'S COMMENTS_ (NONE)
Q. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front
entrance to City Hall, 1201 Leopard Street, at 3. 00 p.m.,
on June 3, 2010.
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.
City Council Goals 2009 -2011
RIDE
orpu: Ch rid!
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
May 25, 2010 - 12:00 p.m.
PRESENT
Mayor Joe Adame
Mayor Pro Tem Larry Eiizondo, Sr.
Council Members:
Chris Adler
Brent Chesney
Kevin Kieschnick
Priscilla Leal
John Marez
Nelda Martinez
Mark Scott
City Staff:
City Manager Angel R. Escobar
City Attorney Carlos Valdez
City Secretary Armando Chapa
Mayor Adame called the meeting to order in the Council Chambers of City Hall.
Council Member Leal requested that a special prayer be given for three -year olds Isaac
DeLeon and Eli Rodriguez who tragically lost their lives this week. The invocation was delivered by
Reverend Anthony Washington with The Lord is Peace Worship Center and the Pledge of
Allegiance to the United States flag was led by Council Member Elizondo.
City Secretary Chapa called the roll and verified that the necessary quorum of the Council
and the required charter officers were present to conduct the meeting.
Mayor Adame called for approval of the minutes of the regular Council meeting of May 18,
2010. A motion was made and passed to approve the minutes as presented.
* * * * * * * * * * **
Mayor Adame called for consideration of the consent agenda (Items 2 - 8). There were no
comments from the public. City Secretary Chapa polled the Council for their votes as follows:
2. MOTION NO. 2010 -121
Motion approving a service agreement with Office Communications Systems, Inc., d.b.a.
Toshiba Business Solutions for the lease of copiers in accordance with Request for Proposal
Number B1- 0208 -09 for approximately $663,130.12, of which $21,118.24 is required in FY
2009 -2010. The term of the service agreement will be for thirty -six months with an option to
extend for up to two additional twelve -month periods subject to the approval of the supplier
and the City Manager or his designee. Copiers will be replaced in City Hall and in the
Development Services, Municipal Court, Police, Fire, Animal Control, Parks & Recreation,
Gas, Stormwater, Water, Health, General Services, Solid Waste, Wastewater and
Engineering Departments. Funds are budgeted and available in the Stores Fund and in the
Development Services, Municipal Court, Police, Fire, Animal Control, Parks & Recreation,
Gas, Stormwater, Water, Health, General Services, Solid Waste, Wastewater and
Engineering Departments for FY 2009 -2010 and will be requested for subsequent fiscal
years.
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
— 1 —
Minutes — Regular Council Meeting
May 25, 2010 — Page 2
3. RESOLUTION NO 028610
Resolution authorizing the City Manager or his designee to submit a grant application in the
amount of $150,747.24 to the State of Texas, Criminal Justice Division (CJD) of the
Governor's Office for funding available under the Coverdell Forensic Sciences Improvement
Grant Program to improve the quality and timeliness of forensic science and medical
examiner services and authorizing the City Manager or his 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 ".
4.a. MOTION NO. 2010 -122
Motion authorizing the City Manager or his designee to accept grant funding in the amount of
$20,000 from the Texas Department of Transportation for the Click It or Ticket (CIOT)
Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime
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 ".
4.b. ORDINANCE NO. 028611
Ordinance appropriating $20,000 from the Texas Department of Transportation for funding
of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the
Police Department in 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 ".
5.a. RESOLUTION NO. 028612
Resolution ratifying the acceptance of a Regional Local Services Systern/Social Services
Block Grant from the Texas Department of State Health Services in the amount of $52,000
to provide essential public health services beginning April 1, 2010; and authorizing the City
Manager or his designee to execute all necessary and related documents to implement this
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.b, ORDINANCE NO. 028613
Ordinance appropriating a grant of $52,000 from the Texas Department of State Health
Services in the No. 1066 Health Grants Fund to provide essential public health services.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
Minutes — Regular Council Meeting
May 25, 2010 — Page 3
6.a. RESOLUTION NO 028614
Resolution ratifying the acceptance of the 2009 Continuum of Care "'COC") grant from the
U. S. Department of Housing and Urban Development and execution of the grant funding
agreements under the 2009 COC grant terms as foilows: (1) $134,971 for Wesley
Community Center, and (2) $160,255 for Corpus Christi Metro Ministries, for homeless
supportive program renewal projects and activities; authorizing the City Manager or his
designee to implement the COC grant and to execute all necessary and related documents.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
6.b. ORDINANCE NO. 028615
Ordinance appropriating a grant of $295,226 from the U. S. Department of Housing and
Urban Development for the 2009 Continuum of Care grant program in the No. 1071
Community Enrichment Fund for homeless supportive housing program renewals.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
7 MOTION NO. 2010 -123
Motion authorizing the City Manager or his designee to execute a Contract for Professional
Services with H DR Engineering, Inc. of Corpus Christi, Texas in the amount of $151,000, for
design, bidding, and construction phase services and additional services for Traffic Signals
(New and Synchronized). (BOND ISSUE 2004)
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
8. MOTION NO. 2010-124
Motion authorizing the City Manager or his designee to execute an environmental consulting
services contract with Weston Solutions, Inc., of Corpus Christi, Texas in the amount of
$299,000 for Brownfields Hazardous Substances and Petroleum Assessments.
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:
9. 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.
10. 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.
-3-
Minutes — Regular Council Meeting
May 25, 2010 — Page 4
The Council went into executive session. The Council returned from executive session.
Mayor Adame advised that the public that no action was taken in executive session or will be taken
in open session regarding either executive session.
* * * * * * * * * * * *
Mayor Adame opened discussion on Item 11 regarding the Oso Water Reclamation Plant
Effluent Re -Use Pump Station. Director of Engineering Services Pete Anaya introduced Director of
Wastewater Foster Crowell who was available to respond to questions. Mr. Anaya referred to a
powerpoint presentation including the background; the Oso effluent distribution system alternatives
and recommended routes; project scope; project schedule; and costs.
The following topics pertaining to this item were discussed: the use of effluent at Pharaohs
Golf Course; additional planned uses for irrigation; the line to the future Oso Conservation
Interpretive Park; placing additional lines for future developments; the sale of effluent water; the
timeline for the entire project to provide effluent re -use water; coordinating the Williams Drive
improvements; whether the City is encouraging the use of the gray water system; maintaining the
quality of the water; and the proposed elevated storage tank for Bill Witt Park.
There were no comments from the audience. City Secretary Chapa polled the Council for
their votes as follows:
11. MOTION NO. 2010 -125
Motion authorizing the City Manager, or his designee, to execute a construction contract with
Halloman Corporation of Converse, Texas, in the amount of $1,675,381 for Oso Water
Reclamation Plant Effluent Re -Use Pump Station (Re -Bid) Project. (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 opened discussion on Item 12 regarding the Weatherization Assistance
program. Director of Neighborhood Services Eddie Ortega explained that this item is for the
authorization to execute construction agreements with B & J Services and Accurate Assessment,
LLC for the purpose of implementing the Weatherization Assistance Program with a cost not to
exceed $6,500 per unit. Mr. Ortega provided a brief overview of the prior Council action and a
background of the funding from the Texas Department of Housing and Community Affairs.
Mayor Adame called for comments from the audience. Dr. Gloria Scott asked questions
regarding who would be eligible for the program and how individuals would be notified of the
program. Ms. Scott requested that Council Member Kieschnick consider holding awareness
sessions on the program with various groups in the northside area. Mr. Ortega advised that funding
is available for citizens within the City limits and applicants can apply in the Neighborhood Services
Department. Mr. Ortega added that staff is preparing a marketing campaign for this program. City
Secretary Chapa polled the Council for their votes as follows:
12. MOTION NO. 2010 -126
Motion authorizing the City Manager or his designee to execute construction agreements for
a cost not to exceed $6,500 per unit, excluding health and safety expenses, with B & J
Services and Accurate Assessment, LLC for the implementation of the Weatherization
Assistance Program.
—4—
Minutes — Regular Council Meeting
May 25, 2010 — Page 5
The foregoing motion was passed and approved with the following vote: Adame, Adler,
Chesney. Elizondo, Kieschnick, Leal, Marez, Martinez; and Scott, voting "Aye ".
Mayor Adame referred to Item 13 regarding the naming of the State School Park property.
City Manager Escobar announced that this item was withdrawn.
13. WITHDRAWN
Read at Horne Road, the Manucl Q. Salinas Park.
Mayor Adame opened discussion on Item 14 regarding the demolition of the Memorial
Coliseum. Interim Director of Financial Services Constance Sanchez stated that staff previously
recommended the issuance of certificates of obligation to fund the demolition of the Memorial
Coliseum. Ms. Sanchez reported that staff has determined that it would be more appropriate to
utilize the General Fund unreserved fund balance to fund the demolition rather than issue the
certificates of obligation. Ms. Sanchez explained that since action was previously taken to approve
the certificates of obligation, this item requires action to rescind the prior Council action and approval
of an appropriation of funds from the unreserved fund balance.
Mayor Adame called for comments from audience. Abel Alonzo, 1701 Thames, thanked the
City Manager and staff for recommending changing the funding mechanism for demolition costs.
City Secretary Chapa polled the Council for their votes as follows:
14.a. RESOLUTION NO. 028616
Resolution rescinding Resolution No. 028497 which established City's intention to reimburse
itself from proceeds of obligation for authorized purposes related to demolition of Memorial
Coliseum.
The foregoing resolution was passed and approved with the following vote: Adame, Adler,
Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ".
14.b, ORDINANCE NO. 028617
Ordinance rescinding Ordinance No. 028498 which advanced up to $2,000,000 from the No.
1020 General Fund and appropriated into the No. 3128 Memorial Coliseum Demo 2010 CO
Fund for expenditures related to Memorial Coliseum demolition.
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 ".
14.c. ORDINANCE NO. 028618
Ordinance appropriating $903,000 from the Unreserved Fund Balance in the General Fund
No. 1020 for the demolition of the Memorial Coliseum; changing the FY 2009 -2010
Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the
General Fund No. 1020 by $903,000.
Minutes — Regular Council Meeting
May 25,2010- - Page 6
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and
Scott, voting "Aye ".
* * * * * * * * * * * * *
Mayor Adame referred to Item 15 regarding the proposed FY2010 -2011 Operating Budget
General Overview. City Manager Escobar introduced the presentation team including Assistant City
Manager Oscar Martinez, Assistant Director of Management and Budget Eddie Houlihan, Interim
Assistant City Manager Cindy O'Brien, and Interim Director of Financial Services Constance
Sanchez who were available to respond to questions.
Mr. Martinez referred to a powerpoint presentation including the City Charter requirements;
the composition of the budget; the fund structure; the zero -based budget approach; the budget
preparation process; the budget deliberation process; and the proposed budget calendar. Mr.
Martinez requested that the June 8t' meeting start early to discuss the strategies of the budget.
The following topics pertaining to this item were discussed: an explanation of the employee
suggestion process; consideration of alternatives; the number of employee suggestions and whether
any suggestions were implemented in the budget; GASB 45 liability related to employees under 65
years of ages; the projected sales tax estimates; the reduction of the appraised valuation; the
reduction of employees in the Solid Waste Department; funding for the Bayfront Park and the
additional attorney position; privatization; the current tax rate; and the increase of health insurance
costs.
Council Member Scott requested a memo on the GASB 45 liability related to employees who
are under 65 years of age. Council Member Leal requested a list of the number of newly created
positions in the past five (5) years and a report on how much the City has spent on outside legal
fees.
Mayor Adame referred to Item 15.1. regarding a report on the City's Red Light Camera
Program. City Manager Escobar introduced Police Captain Jerry Vesely and Interim Assistant
Director of Financial Services Constance Sanchez. Captain Vesely referred to a powerpoint
presentation on the red light camera program overview including the goals of the photo enforcement
program; the use of the automated enforcement system by the Police Department; the selection of
intersection criteria; process overview, the police approval process; what the violator receives; the
red light camera operational plan; pictures of the red light camera; the types of detection systems
used; how the system works; and the number of red light camera accidents.
Ms. Sanchez referred to a powerpoint presentation on the financial information including the
financial history; allowable costs; allowable use of city's share; unpaid red light tickets; the current
process for collection; previous steps taken to collect bad debt; enhanced collection efforts; flagging
vehicle records; other cities in the process of "flagging "; next steps for "flagging "; communication
plan for "flagging "; the hiring a collection company; and including collection of bad debt from utilities
and miscellaneous receivables as part of the collection contract.
The following topics pertaining to this item were discussed: use of the red light program on
State right -of -ways; the costs per camera; the timing of the lights; the process for rental, leased, or
stolen vehicles; options for receiving uncollected funds; whether the program is still revenue
generating; the term of the contract with RedFlex; entering into an agreement with Nueces County to
agree to deny vehicle registration on the City's behalf; notifying the public of the collection efforts;
pursuing the surrounding counties; the collection of debt and miscellaneous receivables; whether
—6—
Minutes — Regular Council Meeting
May 25, 2010 -- Page 7
other cities are using collection agencies; the statistics on the number of accidents; and whether the
City is prohibited from publishing the names of person with unpaid red light camera Tickets.
* * * * * * * * * *t
Mayor Adame called for petitions from the audience. Dr. Gloria Scott, 4422 S. Alameda,
spoke regarding the events scheduled for the Juneteenth Celebration and the red light camera
program. Wilson Wakefield, 6026 Killarmet, spoke regarding the oil spill in the Gulf of Mexico and in
opposition to the Las Brisas plant. Foster Edwards, CEO /President of the Corpus Christi Chamber
of Commerce, spoke regarding the Corpus Christi Business Economic Index provided by Dr. Jim
Lee showing the creation of 2,700 jobs in the month of April. Cindy Muchier, 2434 Widgeon, stated
that her agenda is to pray for each council member and the City. Ms. Muchier expressed
disappointment in the disrespect of the comments made to the Council and thanked the Council for
the work they have done. Herman Bachmann spoke regarding a violation of the red light camera
program and the problems with the program process. Jesse Noyola, 4421 Bluefield, expressed
concern regarding the State School property naming being withdrawn from the agenda on May 1891
and today's meeting. Mr. Noyola requested that the Council place this item on the June 8th agenda
for consideration. Roland Garza spoke regarding the process for naming of parks and asked that the
naming of the State School property be sent back to the Park and Recreation Advisory Committee.
Mr. Garza suggested that the park recognize children with disabilities and name the park the
Children's Field of Dreams Park. Benito B. Barrera, 4221 Beard Drive, nominated naming the State
School Property Park after named Ruben Bonilla, Jr. Abel Alonzo, 1701 Thames, stated that he was
upset that the naming of the State School Park has become political and that the people that raised
the funds for the field should have input in naming the park.
Mayor Adame advised the public that the Council will hold a Council Retreat on Tuesday,
June 15t at the Del Mar West Campus - Emerging Technology Center at 9:00 a.m.
* * * * * * * * * * * * *
There being no further business to come before the Council, Mayor Adame adjourned the
Council meeting at 2:45 p.m. on May 25, 2010.
* * * * * * * * * * * * *
2
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Fiscal Year 2010 -11 Budget Strategy Session
STAFF PRESENTER(S):
Name Title /Position Department
1. Oscar Martinez Assistant City Manager — Public Works
2. Cindy O'Brien Interim Assistant City Manager - Administrative Services
REQUIRED COUNCIL ACTION:
yyl
Oscar Martinez
Assistant City Manager
Oscarm @cctexas.com
(361)826 -3897
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3
a. BOARD OF ADJUSTMENT -- One (1) vacancy with term to 4 -4 -12 representing the
following category: 1 — Alternate.
DUTIES: To hear appeals fcr interpretations of the zoning ordinance: for special
exceptions authorized by the zoning ordinance, subject to safezt:ards tc prctect the public
interest; and for variances where, owing to special conditions, the literal enforcement of
the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit
of the ordinance shall be observed and substantial justice done. An appeal may be made
to District Court if dissatisfied with the decision of the Board. Written notice of public
hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before
the hearing date.
COMPOSITION: Seven (7) members appointed by the City Council. The membership
must include two (2) alternates; be residents of the City. Only five (5) members may
vote, and four (4) must concur to grant an appeal.
ORIGINAL
MEMBERS TERM APPTD. DATE
R. Bryan Johnson 4 -04 -12 4 -08 -08
Morgan Spear 4 -04 -12 12 -9 -08
Carl Hellums 4 -04 -12 4 -13 -10
Dan Winship 4 -04 -12 8 -23 -05
Ben Molina 4 -04 -12 11 -8 -05
John Douglas McMullan (Alternate) 4 -04 -12 4 -13 -10
** *Thomas E. McDonald (Alternate) 4 -04 -12 4 -08 -08
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)
James L. Boller IV Vice President, Jim Boller & Associates, Inc. Activities
include: Corpus Christi Country Club. (4- 24 -09)
Legend;
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
Gene Clancy
William Paul Hunt
Christie Martinez
Design Resource Manager for Construction, Susser
Holdings Corporation. Attended Houston Community
College. Activities include: National Association of
Convenient Stores, Petroleum Equipment Institute, Industry
Council on the Environment. and Committee for Clean
Texas in Austin- Texas Commission on Environmental
Quality. Former Board of Adjustments — Chair. (4- 28 -09)
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)
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)
Claude R. Smith Retired, United States Army. (7- 24 -09)
Waylon D. West
Senior Designer, Maverick Engineering. Received AA
from Eastern Arizona College. Activities include: Bayfest
Volunteer. (5- 22 -09)
b. CORPUS CHRISTI DOWNTOWN M ANAGEMENT DISTRICT — Ten (10)
vacancies with terms to 7 -12 and 7 -14 representing any of the following categories:
resident of district; owner of property within the district: owner of stock, whether
beneficial or otherwise, of a corporate owner of property within the district; owner of a
beneficial interest in a tr;..st :hat owns rope- the disn-lct: er an agent. employee or
tenant of one of the above. Directors are chosen throur(h the recommendation of the
hoard and the approval of the City Council.)
DUTIES: The district will provide maintenance, security, marketing, and the promotion
and improvement of property and facilities within the district; the district has the
authority to levy taxes or assessments for improvements in the downtown area.
COMPOSITION: The board is composed of at least nine but not more than thirty
directors, serving four -year staggered terms. Directors must represent one of the
following categories: a resident of the district; an owner of property in the district; an
owner of stock, whether beneficial or otherwise, of a corporate owner of property in the
district; an owner of a beneficial interest in a trust that owns property in the district; or an
agent, employee or tenant of one of the above. Per the Texas Local Government Code,
succeeding directors are chosen through the recommendation of the board and the
approval of the City Council.
ORIGINAL
BOARD MEMBER TERM APPTD. DATE
Raymond Gignac (PO)
07-12 08 -21 -01
*Eloy Salazar (P0), Chair 07 -10 07 -27 -04
*George Clower (AIE/T) 07 -10 07 -15 -08
Wayne Lundquist (AIE/T) 07 -12 08 -22 -00
Wes Hoskins (PO) 07 -12 08 -22 -00
*Mark Adame (AIEIT) 07 -10 08 -22 -00
** *Les Cassidy (PO) 07-10 07 -27-04
** *Tracy Long (PO) 07 -10 08 -21 -07
** *Harry Lee Chester, Jr. (PO) 07 -10 08 -22-06
*David Loeb (AIEiT) 07 -10 08-21-07
** *Anna Vasquez (AIErI-) 07 -10 07 -27-04
** *Willard Hammonds, II (PO ), Vice Chair 07 -12
Eric Ward (AIET)
07 -12 06 -09 -09
*Dan Richter (P0) 07 -10 09 -11 -01
Chad Magill (AIETr) 07-12 08 -22 -06
R Resident of District
PO Owner of Property within the District
SO - Owner of Stock or Corporate owner of Property within the District
A/E/T - Agent, Employee or Tenant of one of the above
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
(The Corpus Christi Downtown Management District is recommending the reappointments of
Eloy Salazar (PO), George Clower (41E11), Mark Adame (41E/T), David Loeb (A/EJT) and
Dan Richter (PO). The District is also recommending the new appointments of Glenn R.
Peterson (P0), Casey Lain (PO), Rochelle Graham WET), ), Nils Stolzlechner (A/E17) and Dee
Dee Perez (A/E/T).
Rachelle Graham
Casey Lain
Dee Dee Perez
Glenn R. Peterson
Nils Stolzlechner
Property/Facilities Manager, CB Richard Ellis/Bank of
America. Attended Del Mar College and Texas A &M
University- Corpus Christi. Activities include: Building
Owners and Managers Association. Recipient of CELA
Leadership Awards and BRAVO (CBRE Awards).
(AIEIT) (4- 29 -10)
Managing Partner, House of Rock. Attended College.
Activities include: March of Dimes, Decorate DTown,
Beautify Corpus Christi, Brown Bag Challenge, Surfrider
Foundation, KSpace Contemporary, and Ziegfest.
Graduate of Leadership Corpus Christi Class 36. Recipient
of Good Neighbor Award. Recognized as one of Corpus
Christi's 40 Under 40. (PO) (5-14-10)
Director of Sales, Hotel Corpus Christi Bayfront. Attended
University of Texas at Austin. Activities include: Corpus
Christi Hispanic Chamber of Commerce and Advisory
Board for Del Mar College. Recipient of Hotel of the Year
Award from American Cancer Society's Outpatient
Program. (A/EIT) (4- 28 -10)
Broker, Realty Exchange Group. Attended College and
Majored in Drafting Design and Architectural Drawing.
(P0) (4- 28-10)
General Manager, Omni Hotels. B.A. in Business and Hotel
Management from University of Innsbruck at Austria.
Consultant to the Wind & Water Games. Former Member of
Downtown District Improvement, Los Angeles, California;
Swiss Hoteliers Association, Switzerland; LucernelKriens
Convention & Visitors, Switzerland. Serves on the Marina
Advisory Committee, Convention and Visitors Bureau Board
and March of Dimes Executive Board. Recipient of Manager
of the Year 2006 Omni Hotels. (AIE/T) (4- 28 -10)
c. CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY — Five (5)
vacancies with terms to 6 -30 -12 with one (1) representing the interest of the
"transportation disadvantaged" (elderly, persons with disabilities and low- income
individuals). The statute does not mandate that this beard member be transportation
disadvantaged.
DUTIES: To operate and provide for public transportation system for Nueces County
and the cities included in the Authority.
COMPOSITION: Board of Directors consist of eleven (11) members - five (5)
appointed by the City Council; three (3) appointed by Nueces County Commissioners
Court; two (2) appointed by the Mayors of Cities in the Transit Authority other than
Corpus Christi, and the Chairman who is appointed by the Board. The principal
municipality shall make its appointments to the board so that at least one of the
appointees is designated to represent the interests of the transportation disadvantaged.
The statute does not mandate that this Board member be "transportation disadvantaged."
If Chairman is from the membership, the entity that appointed that person will appoint a
replacement. Terms shall be for two years; members may serve up to eight consecutive
years as stated by State Law. The State Sunset Committee suggests that the appointing
bodies should consider the appointment of a regular rider of the transit system. A member
of the board must be a qualified voter residing in the authority.
MEMBERS
Crystal Lyons, Chairperson
Angie Flores Granada (Nueces County)
*Judy Telge (City Council — Transp. Disad.)
*John F. Longoria. (City Council)
*John Valls (City Council)
*Mary J. Saenz (City Council)
*Vangie Chapa (City Council)
Gloria D. Perez (Nueces County)
Connie Scott ( Nueces County), Vice Chair
David Martinez (Mayor of other Cities)
Ricardo Ramon (Mayor of other Cities)
TERM
10 -03 -11
09 -18 -11
06 -30 -10
06 -30 -10
06 -30 -10
06 -30 -10
06 -30 -10
09 -18 -11
09 -18 -11
09 -19 -11
09 -19 -11
*Additionally served 6 years from 10 -8 -2003 until 10 -14 -2009
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
ORIGINAL
APPTD. DATE
6 -08 -04
10 -14 -09
10 -23 -07
6 -08 -04
10 -11 -05
6 -17 -08
6 -17 -08
10 -14 -09
10 -14 -09
*10 -14 -09
10 -03 -07
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS. NO. % OF ATTENDANCE
NAME THIS TERM PRESENT LAST TERM YEAR
Judy Telge (Transp. Disad.) 12 12 100%
John F. Longoria (City) 12 11 92%
John Valls (City) 12 11 92%
Mary J. Saenz (City) 12 9 75%
Vangie Chapa (City) 12 10 83%
OTHER INDIVIDUALS EXPRESSING INTEREST
Isabel Aguilar
Abel Alonzo
Barry L. Brown
Dr. Haysam Dawod
Attended West Oso High School. Activities include:
President of Communities in Schools Leadership Club and
Molina Neighborhood Center. Currently Serves on Food
Advisory Committee. (6 -2 -09)
Received B.A. in Sociology and Training in ADA, Access,
Awareness and Advocacy. Member of the Westside
Business Association. Received the Spirit of ADA Pioneer
Award, Jefferson Award, and Who's Who Among Students
in American Junior Colleges- Del Mar College. Serves on
the Committee for Persons with Disabilities and the
CCCICILoan Review Committee. (6-2-10)
President, Corpus Christi Region, Kleberg First National
Bank. United States Navy Reserve Officer- Captain.
Received Bachelor's Degrees from Southeastern Louisiana
University and Attended Law School at Louisiana State
University. Activities include: Corpus Christi Mustangs,
USO of South Texas, Navy League of United States Corpus
Christi Council,iwanis Club of Corpus Christi, Texas
A &M University of Corpus Christi College of Business
Advisory Board, Navy Supply Corps Foundation and Naval
Reserve Association. Veteran of Operation Iraqi Freedom,
Operation Enduring Freedom and Operation Desert
Shield/Desert Storm. Currently Serves on the Arts and
Cultural Commission. (8- 26 -09)
Self-Employed, Dentist. Received BS from Corpus Christi
State University and Doctor of Dental Surgery from
University of Texas, Dental Branch, Houston, Texas.
Activities include: American Dental Association, Corpus
Christi Evening Rotary Club, and Volunteer Dentist for
Clinca Corpus Christi- Guatemala. Graduate of Leadership
Corpus Christi, XXIX. (4- 23 -09)
Vincent E. Doyle Engineering Service, Corpus Christi Army Depot.
Received Trade School Vocational Certification. Interested
in serving community. (4- 17 -09)
Thomas E. Dreyer Received M.A. in Psychology. Member of the Veterans
Band of Corpus Christi. (-4- 20 -09)
Jeff Fonseca Owner, Green Tree Lawn Care. (7- 31 -09)
Norma Franklin
Rolando Garza
Anthony Gavlik
Paul Grivich
Chris Hamilton
Received Associate of Arts Degree from Texas A &M
University -CC. Activities include: Police Department
Volunteer, Civil Air Patrol, Angel Food, Opening Doors,
Science Fair Judge, and Blood Bank Member. Recipient of
2005 Shining Star Award from Coastal Bend Advocacy
Development. Currently Serves on the Retired and Senior
Volunteer Program (RSVP) Advisory Committee. (4 -13-
09)
Political Labor Consultant. Attended Del Mar College.
Advocate for Under Privileged, Civil Rights, Disabled
Citizens and Americans with Disabilities Act Compliance.
Refining Industry Work Experience. Regional
Transportation Employee Representative. (6 -2 -10)
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)
Owner, Grivich Research Company, Independent
Contractor, Lesix Nexis and Senior Partner, L &G
Consulting, LLC. Received Associate of Arts Degree from
Lee College and Bachelor of Science Degree from Sam
Houston State University. Activities include: Nueces
County Appraisal District Board of Directors. Former
Director of Hispanic Chamber Commerce and City of
Corpus Christi Zoning Commission. (4- 14 -09)
Vice - President, KJM Commercial, Inc. Received Bachelor
of Science in Construction. Activities include: Associated
General Contractors Board of Directors. Serves on the
CCCICILoan Review Committee and Building Code Board
of Appeals. (12- 10 -08)
Kevin Horrigan
William Paul Hunt
Robert Jacobi
Jacey Jetton
Marketing Manager, South Texas Lighthouse for the Blind.
Attended Darden School of Business, University of
Virginia. Activities include: Volunteer at Lighthouse for
the Blind. Recipient of the Milton J. Samuelson Award for
2009. (1- 21 -09)
Retired, Environmental Engineer. Received a Bachelors
Degree in Mvleteoroiogy from Texas A &M University -
College Station. Formerly Served on the Corpus Christi
Regional Air Shed Committee. Activities include:
Tutoring. (6 -4 -09)
Retired, Deputy Director of the Port of Corpus Christi.
Received BS from United States Merchant Marine
Academy, MS from University of Connecticut at Storrs,
and MBA from University of Texas at Austin. Activities
include: Volunteer at Driscoll Children's Hospital and
Kids in the Neighborhood Head Start. (1- 20 -10)
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)
Shon Jimenez President, Metal Scene News Corp. Attends Online at
Colorado Technical University and Attended Devry
University. Activities include: Child Support
Organization for Single Fathers and Corpus Christi Bay
Area Website to Promote Business /Activities in Corpus
Christi. Currently Serves on the Community Youth
Development (78415) Program Steering Committee (8 -31-
09)
John Douglas McMullan Professional Engineer, Freese and Nichols, Inc. Received
Bachelor of Engineering. Activities include: American
Society of Civil Engineers, Water Environment Federation,
and St. Pius X School. (1- 21 -09)
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)
Mark Minutaglio President, South Texas Provisions. Received BA in
Business Management from Penn State University.
Currently Serves on Advisory Committee on Community
Pride. (8- 18 -09)
Joel S. Mumphord
Retired, Encycle, Inc. Served in Law Enforcement.
Activities include: Host of T.V. Show, Community Action
Agency, Molina Neighborhood Day Care, HIALCO
President. (5- 21 -09)
Terry Nelson Area Production. Se:-. ices Ma^acer, Exterrar.. Attended
South East Missour_ Sate r =iiv'ersiy. Activities include:
Corpus Christi Chapter A.I. (5-5-10)
Adam Nuse Director of Group Sales, Corpus Christi Hooks. Received
Bachelors in Business Marketing from University of
Oklahoma and Masters in Sports Management from
Wichita State University. Activities include: Leadership
Corpus Christi, USO of South Texas — Board of Directors,
and American Red Cross Board of Directors. (8 -4 -09)
Self - Employed, Residential Designer and Building
Consultant. Attended Del Mar College and Granthem
University. Activities include: National Civil Rights
Director American GI Forum and District Director
LULAC. (8- 26 -09)
Keith Parker Senior Mechanical Engineer, Bath EngineeringfNoresco.
Received BS in Mechanical Engineering. Currently serves
on the CCCIC/Loan Review Committee. Activities
include: ASHRAE and AEE. (4- 23-09)
Maurice G. Portis Owner /Self- Employed, Kountry Kitchen. Received
Bachelor of Arts in Music, Master of Science and
Doctorate in Music. Activities include: Corpus Christi
Black Chamber, President Emeritus Texas Black Music
Educators and Corpus Christi Bucaraders. (5- 12 -10)
Eloy Soza Assistant Coordinator for Prison and Jail Ministry, Diocese
of Corpus Christi- Office of Evangelization. Volunteer
Travel Trainer for Persons with Disabilities with Corpus
Christi Regional Transit Authority and Community
Advocate. Received B.S. in Biology. Serves on the
Transportation Advisory Committee. Former Member of
the Committee for Persons with Disabilities. (5- 14 -10)
Sam Watson Agent, State Farm Insurance. Received B.A. in
Psychology. Member of the National Association of
Insurance and Financial Advisors. (4- 24 -09)
Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer
Meetings. (8- 10 -09)
Joe Ortiz
d. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE - Five (5)
vacancies with terms to 6 -16 -11 and 6 -16 -12 representing the following categories: 3 —
At Large, 1 — Senior Companion Program Volunteer and 1 — Senior Companion Program
Volunteer Workstation Representative.
DUTIES: To advise City Council, City Manager. and Parks Denarrmenz Staff regarding?
the Senior Companion Program ( "SCP ") including but not limited to recruitment
strategies; provide support in recruitment of volunteers and volunteer stations; serve as
community advocates and liaisons; assist in development of non- federal resources to
include fundraising; advise on programming for impact; advise on how to measure trends
and impact of trends in the community; assist with development and implementation of
program evaluations and surveys; conduct an annual assessment of the program by
surveying program volunteers; bi- annually assess project accomplishments and impact;
and attend special events and activities related to Senior Companion Program.
COMPOSITION: The committee shall consist of seven (7) members and must express
an interest in the issues of older adults and have knowledge of the capabilities of older
adults. The committee shall be composed of the following: 1 — SCP Volunteer (active
volunteer for one - year /serve minimum fifteen (15) hours per week), 1 — SCP Volunteer
Workstation representative (executive, director or similar leadership position at a current
SCP Volunteer Station), and 5 — At Large.
MEMBERS
*Shirley Tipton (SCP Volunteer)
*Maria (Isabel) Odeh (SCP Vol. Station)
***Carmelo. P. Quintanilla (At Large)
*Monica Rodriguez (At Large)
Apolonia P. Cantu (At Large)
Marie Partington (At Large)
* ** *Harry Falcon, Sr. (At Large)
TERM
6 -16 -10
6 -16 -10
6 -16 -11
6 -16 -10
6 -16 -11
6 -16 -11
6 -16 -11
ORIGINAL
APPTD. DATE
6 -16 -09
6 -16 -09
2 -09 -10
2 -09 -10
6 -16 -09
6 -16 -09
6 -16 -09
(The Senior Companion Program Advisory Committee is recommending the new
appointments of Christie Martinez (At Large) and Brian Perez (At Large).
ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NO. OF MTGS.
NAME THIS TERM
Shirley Tipton (SCP Vol.) 8
Maria Odeh (SCP Vol. Sta.) 8
Monica Rodriguez (At Large) 3
Legend:
*Seeking reappointment
* *Not seeking reappointment
** *Resigned
* ** *Exceeded number of absences allowed by ordinance
* * ** *Has met six -year service limitation
NO.
PRESENT
7
7
2
_70—
% OF ATTENDANCE
LAST TERM YEAR
88%
88%
67%
OTHER INDIVIDUALS EXPRESSING INTEREST
Samantha Chase
Sarah Kloos
Christie Martinez
Brian Perez
Billy Ray Sayles
Special Education Instructional Paraprofessional Ii. Corpus
Christi Independent School District. Received a Master's
Degree in Education. Activities include: Kappa Delta P.
Golden Key International Horror Society. International
Reading Association and Student Reading Council. (At
Large) (11- 18 -09)
Attended Del Mar College. Has Served on Boards and
Hosted Events to Benefit Non -Profit Organizations. (At
Large) (1 -6 -09)
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)
CEO, Brian Adkins Wealth Management. Received BBA
in Accounting and MBA in Finance from Texas A &M
University at College Station. Activities include: Financial
Industry Regulatory Authority, Texas A &M Alumni
Association, Boys and Girls Club, and Family Counseling
Service. Member of Texas Scholars. (At Large) (12-7-09)
Employment Specialist, HARP Worksearch Foundation.
Received AAS in Mental Health from Del Mar College,
BA in Psychology from Corpus Christi State University
and MS in Educational Psychology from Texas A &M
University - Corpus Christi. Activities include: Area
Agency on Aging of the Coastal Bend and United
Methodist Church. (At Large) (5-7-10)
Amber Sayre Currently Attends Del Mar College, Registered Nurse
Program. (At Large) (10 -6 -09)
Jose R. Villanueva, Jr. Retired. Senior Companion Volunteer. (SCP Volunteer or
At Large) (12- 23 -09)
Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer
Meetings. (At Large) (8- 10 -09)
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
AGENDA ITEM:
A. Resolution authorizing the City Manager, or designee, to execute an
Interlocal Agreement with the West Oso Independent School District to
provide services for a summer latchkey program.
B. Ordinance appropriating $55,000 in the General Fund No. 1020 from revenue
received from Latchkey program in the West Oso Independent School
District; changing FY 2009 -2010 Operating Budget adopted by Ordinance
028252 to increase estimated revenues and appropriations by $55,000 each;
and declaring an emergency.
ISSUE: The Interlocal Agreement between the City of Corpus Christi and West
Oso Independent School District will allow the City to provide the Latchkey
Summer program.
REQUIRED COUNCIL ACTION: The City Council is required to approve all
interlocal governmental agreements.
PRIOR COUNCIL ACTION: None. This will be the first Interlocal Agreement
between the City of Corpus Christi and the West Oso Independent School District
for the summer latchkey program.
FUNDING: No funding required.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City
Council approve this Inter local Governmental Agreement with the West Oso
Independent School District.
Attachments: Background information
Stacie Talbert, Interim Director
Parks and Recreation Department
826 -3476
staciettacctexas. com
BACKGROUND INFORMATION
The City of Corpus Christi Parks and Recreation Department currently operates
six (6) summer Latchkey program sites for youth ages five (5) to thirteen (13). It
is currently offered within the Corpus Christi, Ca'alien and Flour Bluff
Independent School Districts. There are over 1000 participants expected to
participate in this years program. This will be the first Intertocal Agreement
between the City of Corpus Christi and the West Oso Independent School District
for a summer latchkey program bringing the total number of sites to seven (7).
The latchkey summer program is the answer for working parents. It is offered at
an affordable fee and keeps the participants engaged in various activities while
enrolled. In addition to field trips there are guest speakers, art, special events,
and golf, tennis and fitness classes.
The program provides a safe, supervised environment, and quality recreational
experiences and activities. It provides the children a chance to develop
character, learn valuable life skills, make new friends and discover new interests.
The staff is energetic, creative, and receives training in child development and
age appropriate activities. All staff are required to be certified in CPR and First
Aid.
Field trips to local areas of interest such as swimming pools, bowling alleys,
movie theatres, and local museums are a significant portion of each summer
program. West Oso will provide transportation. There will be no cost to the
program.
The program will operate from 12 noon to 6:0Opm, Monday - Friday. Program
enrollment will be limited to 150 participants. It is projected that revenue and
expenses for the West Oso Summer Program will $55,000. Participant fees will
be collected (estimated revenues of $10,000) and West Oso ISD will be
supplementing funding for the summer program with $45,000. The program is
licensed by the Texas Department Family and Protective Services.
West Oso ISD pays for their students to attend this site Afterschool Latchkey
Program. This site is not open to the public. The qualifying site will be providing
breakfast and lunch through a grant with the Texas Department of Agriculture.
Parents may request reasonable accommodations for their child with disabilities
by contacting a staff member. Tuition assistance is available for qualified
participants.
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE WEST OSO INDEPENDENT
SCHOOL DISTRICT TO PROVIDE SERVICES FOR A SUMMER
LATCHKEY PROGRAM
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 execute an
Interlocal Agreement with the West Oso Independent School District to provide
services for a summer latchkey program.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
Armando Chapa
City Secretary
APPROVED: May 25, 2010
Lisa Aguil
Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
H:1L E G -Di R'Jea n n ielLis alord Ina aces- Resolutions \Res-2O 10yepso-S ummerLatchkey.d oc
Page 2 of 2
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
H:\ EG- D1 Rlieannielbsal0rdinances- ResolutionsRes -2❑1 DitestOso- SummerLatchkey.doc
INTERLOCAL AGREEMENT BETWEEN
THE WEST OSO INDEPENDENT SCHOOL DISTRICT
AND THE CITY OF CORPUS CHRISTI
THE LATCHKEY PROGRAM
Summer Camp
THIS INTERLOCAL AGREEMENT, hereinafter referred to as the Agreement ", is made by and
between the West Oso independent School District (hereinafter referred to by name or as the
"District"), a political subdivision of the State of Texas, and the City of Corpus Christi, a Texas
municipal corporation (hereinafter referred to by name or as the "City"), pursuant to chapter 791
of the Texas Government Code, to achieve efficiency in meeting intergovernmental
responsibilities.
WHEREAS, the City is sponsoring a child -care and activities program for those elementary
students who meet Latchkey's participant guidelines and who attend schools with a Latchkey
Summer Camp Program ( "Latchkey Program ").
WHEREAS, the District agrees to provide funding, building, playground facilities, utilities, and
janitorial services for the Latchkey Program; and
WHEREAS, both parties endeavor to provide a safe environment for District students;
NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained
herein, agree as follows:
ARTICLE 1. - CONTRACT TERM
This Agreement begins June 14, 2010, and ends July 30, 2010, subject to the rights of both
parties to terminate this Agreement as stated below.
ARTICLE 2. DISTRICT RESPONSIBILITIES
The District shall have the following obligations and responsibilities pursuant to this Agreement:
a. The District agrees to provide building and playground facilities for the Latchkey
Program operated by the City during Latchkey's full hours of operation sufficient
to meet Latchkey program guidelines. This includes building utilities such as
water, gas, electricity, and access to telephones for emergency calls; use of
tables, chairs, televisions, and DVD players; and access to restrooms and
playground facilities;
b. The District agrees to conduct site inspections to determine compliance with
applicable safety codes. This includes yearly fire and gas line inspections and
continual monitoring and repair of alarm systems and safety equipment;
c. The District agrees to provide health care supplies, including lined trashcans,
paper towels, and toilet paper for each site;
d. The District agrees to provide after- program custodial maintenance, including the
emptying of trash containers, the sweeping and mopping of floors, and spray
waxing of furniture as needed; and
H:1LEG- DIR1Lisa12010 Park\Summer Camp Latchkey Agreement West Oso.doc
_7g_
e. The District agrees to provide at least 48 hours advance notice to the City if
Latchkey is to be moved to a different area of the building. Space will be in
compliance with State licensing regulations.
f. The District agrees to provide $45,000 to the City for the 2010 Summer Camp
Latchkey operations under this Agreement.
9.
The District agrees to only allow City to provide recreational summer program at
the District location during the term of this Agreement.
ARTICLE 3. - CITY RESPONSIBILITIES
The City shall have the following obligations and responsibilities pursuant to this
Agreement:
a. The Latchkey staff is responsible for administration of the entire Summer Camp
Latchkey Program, including:
(1) Setting and collecting fees, not to exceed $10 per week;
(2) providing and monitoring rules and regulations related to student discipline;
replacing items that are damaged during the Latchkey Program;
(3) Other administrative responsibilities such as hiring and training of staff and
coordinating assignments; and
(4) Compliance with established Latchkey program guidelines.
b. The City will be responsible for the repair or replacement of the facility or equipment
that is damaged or lost during the Latchkey Program. The decision as to repair or
replacement of a damaged or lost item shall be mutually agreed upon by the City and
District. The City will reimburse the District for the damage or loss at current market
value. The District will provide proof of value of damaged or lost items by providing
the City with any or all of the following: fixed asset records, purchase order, or copies
of invoice;
c. The City shall coordinate its site inspections to determine compliance with health and
safety codes. Latchkey staff will cooperate with school site
personnel to monitor the site for a determination of and response to health and safety
hazards;
d. The City shall be responsible for all Latchkey Program activities including arts and
crafts and structured recreational play. This includes storing such materials at the
sites where space allows;
e. During the Latchkey Program, the City shall provide the following: cleaning the tops
of tables and placing trash in trashcans; cleaning chairs; placing chairs under tables;
and returning furniture and fixtures to their original arrangements. For safety
purposes, Latchkey personnel will be instructed to not place chairs on top of tables.
f. The City shall operate the Summer Camp Latchkey Program from 12 noon to 6 pm at
H:1LEG- DIR\Lisa12010 Park\Summer Camp Latchkey Agreement West Oso.doc 2
—80—
the designated location.
g. The City will provide Latchkey Program services for District at one school location,
with maximum number of participants of 150 participants.
ARTICLE 4. - USES OF DISTRICT INFORMATION AND RECORDS BY THE CITY
The City may, from time to time, have access to, and use of, confidential student information
obtained from the District for the sole purpose of the assistance of District students participating
in the Latchkey Program. For students with special education requirements, the District will
share information and records with the City regarding said students to ensure that the City's
Latchkey Program employees are aware of any individual education plans or special needs for
such students, so that appropriate accommodations may be made for such students. The City
shall not release or disclose to the public or any third party student information or records
without the prior written consent of the parent(s) of the minor in question, except as required by
state or federal law. Each party shall take all steps necessary to ensure that the student
information and records are viewed only by authorized representatives of the City for the
permissible uses stated herein. Said information is considered confidential, and shall not be
used by the City or any of its employees or agents for private purposes. The City acknowledges
and understands that the unauthorized release of student information or records may subject
the individual or entity to criminal and civil penalties. Accordingly, the City will educate and
inform its staff regarding the District's "Acceptable Use Guidelines for Technology ", permissible
uses of the student information and records obtained from District databases (or other sources),
and the Family Educational Rights and Privacy Act (see 20 U.S.C., Section 1232g and 34
C.F.R., Section 90, a seq.). The City further agrees that the information or records disclosed or
obtained pursuant to this Agreement will be destroyed by the City after the need for such
information ceases to exist.
ARTICLE 5. - TERMINATION
This Agreement may be terminated by any of the following occurrences:
A. By mutual agreement and consent in writing by both parties;
B. By either party upon thirty (30) days written notice to the other party;
C. By either party upon the failure of the other party to fulfill its obligations as set forth
in this Agreement.
ARTICLE 6. - AMENDMENTS
Any and all changes to this Agreement may be enacted by written amendment or addendum
properly executed by the appropriate representative of each party.
ARTICLE 7. - ASSIGNMENT
Neither party shall assign, sublet or transfer its interests in this Agreement without the
prior written consent of the other party.
ARTICLE 8. - CONSIDERATION
Expenses incurred through Latchkey Program activities are the City's responsibility.
Facility and site expenses are the District's responsibility.
H:1LEG- DIR \Lisa12010 Park\Summer Camp Latchkey Agreement West Oso.doc
—81—
3
ARTICLE_9. - LICENSING
The City will maintain all licenses as may be required by the State of Texas. Monitors for
Latchkey sites may make random visits to determine compliance with State guidelines.
ARTICLE 10. - SITES
Site selection is based on need for services as determined by community survey(s) and by
availability of required space and fixtures. Selection is also based on access to restrooms,
janitorial service availability, and other criteria as determined by the District and the City's Park
& Recreation Department. Current space requirements are a minimum of 30 square feet of
indoor play space per child. if the City is cited for licensing violations that are due to facility non-
compliance issues, the City reserves the right to cease operating the Latchkey Program at that
site based upon the compliance date established in the citation unless the District chooses to
remedy the non - compliance at its cost or allows the City the right to implement non - structural
remedies at its cost.
ARTICLE 11. - LIMITATION ON LOCATION
Notwithstanding Section 10 above, all activities conducted in accordance with this
Agreement must be conducted exclusively on a school campus of the West Oso
Independent School District pursuant to this Interlocal Agreement.
ARTICLE 12. - CONTROL OF FACILITIES AND ANNOUNCEMENTS
The District does not give up ultimate control of the facilities and retains the right to enforce all
necessary laws, rules and regulations, as well as the right to make announcements as the
District may deem necessary in the interest of public safety. The City will cooperate and cause
its agents and employees to cooperate with the delivery of such announcements.
ARTICLE 13. - LIABILITY
To the extent permitted by law, neither party shall be responsible to the other for personal
injuries, losses, claims, damages, or demands caused by the acts or omissions, if any, of such
party or its agents, employees, contractors, patrons, guests, licensees, or invitees related to the
City conducting the Latchkey Program at District sites. Liability, if any, of either party shall be
that prescribed by the laws of the State of Texas.
ARTICLE 14. - PUBLIC HEARINGS
Pursuant to the Texas Education Code, Section 33.902, the District is required to annually
consider, during at least two (2) public hearings, the need for, and availability of, child care
before, after, or both before and after, the school day, and during school holidays and vacations
for the District's school -age students. The public is notified of the hearings through
advertisements in the Corpus Christi Caller -Times and press releases distributed to the media.
ARTICLE 15.- PROGRAMMATIC CHANGES
If the City and District determine that programmatic changes are necessary that modify the
responsibilities of either party as set forth in this Agreement, the City Manager and the District's
Superintendent of Schools must mutually agree to the change(s) before they are implemented.
H:\LEG- DIR \Lisa12010 Park\Summer Camp Latchkey Agreement West Oso.doc 4
—82—
ARTICLE 16. - NOTICES
All notices from either party to the other required under this Agreement shall be personally
delivered or mailed to such party at the following address:
For the City:
For West Oso I.S.D.:
Ms. Stacie A. Talbert, Interim Director
City of Corpus Christi
Parks & Recreation Department
P.O. Drawer 9277
Corpus Christi, Texas 78469 -9277
West Oso I.S.D.
Attn: Dr. Mary Jane Garza, Assistant Superintendent
P. O. Drawer 114
Corpus Christi, Texas 78403
ARTICLE 17. - APPROPRIATION OF FUNDS
The City and District agree that the performance of each is subject to the ability of the parties to
provide or pay for the services required under this Agreement. The City and District
acknowledge that this Agreement between them is entered into in accordance with the Interlocal
Cooperation Act, Chapter 791, Texas Government Code. In accordance with said Act, the
parties hereto acknowledge that any payments made pursuant to the terms of this Agreement
shall be made from current revenues available to the paying party, and any future payments are
subject to appropriations.
ARTICLE 18. - EQUAL OPPORTUNITY
The parties shall provide all services associated with the subject matter of this Agreement in
compliance with the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972 (34
C.F.R., Section 106, et seq.), and all other applicable federal and state nondiscrimination
statutes or laws.
ARTICLE 19. - LAW GOVERNING AND VENUE
The parties agree that the law governing this Agreement shall be that of the State of
Texas, and that any disputes arising under this Agreement shall have venue in a State
District Court of Nueces County, Texas.
ARTICLE 20. - MEDIATION
The parties agree that any dispute that may arise under this Agreement shall be first submitted
to mediation in an attempt to resolve any such dispute before litigation is filed. The parties may
seek injunctive relief from a Nueces County District Court prior to mediation if there is an
imminent risk of loss or damages.
ARTICLE 21. - FORCE MAJEURE
Each party hereto shall be excused from performance hereunder for any period and to the
extent that it is prevented from performing any act, in whole or in part, as a result of delays
caused by the other party, or an act of God, war, civil disturbance, court order, labor disputes,
third party non - performance, or other cause beyond its reasonable control, including, but not
H:1LEG- DIRILisa12010 Park\Summer Camp Latchkey Agreement West Oso.doc 5
—83—
limited to, failures or fluctuations in electrical power, heat, light, air conditioning, or
telecommunications equipment. Such non - performance shall not be a default or a ground for
termination under this Agreement.
WHEREAS, the City of Corpus Christi and the West Oso Independent School District agree to
the terms as set forth above, this Agreement shall be effective upon full execution of the
Agreement by the proper authorities of each entity, after approval by the governing bodies of
such entities, if required by law.
SIGNED:
THE CITY OF CORPUS CHRISTI WEST O IND ENDENT
ibi
S . ■ ■ TRI
'Angel R. Escobar, City Manager Asst. 5u•'1° t- ■
Date: Date: _ ■
Attest:
Armando Chapa, City Secretary
Approved this them day of
Li sa Aguilar, A stant
City Attorney
for City Attorney
2010
Jane Garza
H:1LEG- DFR \Lisa12010 Park\Summer Camp Latchkey Agreement West Oso.doc 6
—84—
Page 1 of 1
ORDINANCE
APPROPRIATING $55,000 IN THE GENERAL FUND NO. 1020 FROM
REVENUE RECEIVED FROM LATCHKEY PROGRAM IN THE WEST
OSO INDEPENDENT SCHOOL DISTRICT; CHANGING THE FY 2009 -
2010 OPERATING BUDGET ADOPTED BY ORDINANCE 028252 TO
INCREASE ESTIMATED REVENUES AND APPROPRIATIONS BY
$55,000 EACH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:
SECTION 1. That $55,000 in revenue received from Latchkey program in the West Oso
Independent School District is appropriated in the General Fund No. 1020; and
changing the FY 2009 -2010 Operating Budget adopted by Ordinance 028252 to
increase estimated revenues and appropriations by $55,000 each.
SECTION 2. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the of June, 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED as to form: June 3, 2010
By: ' V..
Lisa Ag `i r, Assistant City Attorney
for the 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
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
5
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
AGENDA ITEM: Resolution authorizing the City Manager, or designee, to
execute an Interlocal Agreement with the Calalien Independent School
District to provide transportation services for youth recreation programs.
ISSUE: The Interlocal Agreement between the City of Corpus Christi and
Calallen Independent School District will allow the City to provide transportation
to scheduled field trips during the Latchkey Summer Camps.
REQUIRED COUNCIL ACTION: The City Council is required to approve all
interlocal governmental agreements.
PRIOR COUNCIL ACTION: The City Council approved an Interlocal Agreement
between the City of Corpus Christi and the Cafallen Independent School District
for Transportation on June 9, 2009.
FUNDING: No additional funding required.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City
Council approve this Interlocal Governmental Agreement with the Calallen
Independent School District.
Stacie Talbert, Interim Director
Parks and Recreation Department
826 -3476
stacietC7a cctexas.com
Attachments: Background information
BACKGROUND INFORMATION
The City of Corpus Christi Parks and Recreation Department currently operates
one (1) summer Latchkey program site for youth ages five (5) to thirteen (13) in
Cafallen. Field trips to focal areas of interest such as swimming pools, bowling
alleys, movie theatres, and local museums are a signi#icant portion of each
summer program. In order to transport participants on the field trips, the
department contracts with local school districts to provide buses and drivers for
each trip. Calalien independent School District school buses will be utilized
because the majority of the Department's summer programs for that area are
operated from a Ca!alien Independent School district elementary campus.
The contract under consideration is with the Cafallen Independent School District
Transportation Department for a flat fee of $100.00 per bus to provide
transportation for the Summer Program participants from their respective
campuses to various local activity sites. Ca'alien Independent School District
offered the most competitive price and most accommodating terms for this area's
summer programs. The estimated cost of this contract is $1,200. The funds are
available in the General Fund Latchkey (13405) budget.
The Latchkey Summer Camp is the answer for working parents. It is offered at
an affordable fee and keeps the participants engaged in various activities while
enrolled. Calalien has been home to approximately 50 kids during the summer.
In addition to field trips there are guest speakers, art, special events, and golf,
tennis and fitness classes.
The program provides a safe, supervised environment, and quality recreational
experiences and activities. It provides the children a chance to develop
character, learn valuable life skills, make new friends and discover new interests.
The staff is energetic, creative, and receives training in child development and
age appropriate activities. Everyone is certified in CPR and First Aid.
The qualifying site will be providing breakfast and lunch through a grant with the
Texas Department of Agriculture.
Tuition assistance is available for qualified participants.
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CALALLEN INDEPENDENT
SCHOOL DISTRICT TO PROVIDE TRANSPORTATION SERVICES FOR
YOUTH RECREATION PROGRAMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an
Interlocal Agreement with the Calallen Independent School District to provide
transportation services for youth recreation programs.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
Armando Chapa
City Secretary
APPROVED: May 25, 2010
Lisa Aguil
Assistant City Attorney
For City Attorney
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
H: \LEG- DIR1Jean nielLisa1Ordinances- Resolutions \Res- 2010 - Calallen YouthTransportation -doc
-91-
Page 2 of 2
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
H- 1LZ= G- Q1R\JeannielLisakOrdinances -Re soiutionslRes -2010 taken YouthTransportation.doc
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND CALALLEN INDEPENDENT SCHOOL DISTRICT
This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas home
rule municipal corporation (City), and the Ca!alien Independent School District (District) for purposes of
the Interfacial Cooperation Act, Texas Government Code, Chapter 791, as amended, to achieve efficiency
in meeting intergovernmental responsibilities.
WHEREAS, the City is sponsoring a summer recreational program for elementary school age
children using a Calailen Independent School District school campus, (hereinafter, collectively referred to
as the Summer Program);
WHEREAS, the City includes travel to various activity sites around the Corpus Christi area as field
trips for its Summer Program participants; and
WHEREAS, the District agrees to provide to the City a sufficient number of District owned school
buses, including school buses accessible as required by the Americans with Disabilities Act ( "ADA "), for a
fixed fee of $100.00 per bus and provide District - employed school bus drivers to transport the Summer
Program participants from their respective campuses to the various activity sites.
NOW, THEREFORE, the City and the District, in consideration of the mutual covenants contained
herein, agree as follows:
1. Term. This Agreement begins June 21, 2010 and ends August 6, 2010.
2. Services to be provided. District shall provide its District school buses (including ADA
accessible school buses) and District -employed school bus drivers as needed by the City for
transportation for City Summer Program field trip activities.
3. Consideration. The City shall pay the District $100.00 per bus. This payment shall be
full compensation to the District for the costs of the school buses, the fuel to run the buses, all
maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other related
costs and expenses to the District.
4. Billing. The District shall bill the City on a monthly basis. City shall pay
the bill within two Fridays after receipt of the bill out of current City revenue.
5. District Bus Maintenance. The District will maintain its buses at its bus maintenance
facility during the term of this Agreement as a part of the consideration.
6. District Bus Drivers. The school bus drivers assigned by the District to provide services
under this Agreement shall be District employees for all purposes. The school bus drivers are not City
employees for any purpose.
7. Coordination. The City's Director of Park and Recreation, or designee, shall place a
weekly order with the representative from Calailen ISD, or their designee, for the number of buses
needed, the sites at which the buses are needed, the address of the activity to be undertaken from each
site, the time at which the buses must arrive at each site to pick up the various program participants, and
the time at which the buses must arrive at each activity site to pick up the various program participants to
return them to their respective sites.
8. Governmental Service. This Agreement is between the City and the District for the
purpose of providing transportation between the various Summer Program field trips.
9. Insurance. District agrees to provide following insurance and name City as additional
insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for District of $100,000 per
person, $300,000 per occurrence, and $100,000 per occurrence of property damage. District also agrees
H:1LEG- DIR'LISA12010 PARKICALALLENISD IN TERLOCALTRANSPORTATIONAAGREEMENTSUMMER20 /O.DOC
_gg_
to provide worker's compensation coverage as required by law. In the alternative if District is self insured,
District may provide City Director of Parks and Recreation with a letter confirming self insurance coverage
in accordance with applicable law.
10. Current Revenue. All money spent for transportation for the Summer
Program through this Agreement must be spent out of currently available revenue of the City and the
District.
11. Entirety Clause. This Agreement expresses the entire agreement between the parties.
. Any modification, amendment, or addition to this Agreement is not binding upon the parties unless in
writing and signed by persons authorized to make such agreements on behalf of the respective party.
EXECUTED IN DUPLICATE on the day of , 2010.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary
City Manager
Approved as to legal form March 24, 2010.
By: -A."
Lisa Aguilar, Ass}stant City Attorney for City Attorney
CALALLEN INDEP NDENT SCHOOL DISTRICT
By: IL. at■._ &..,
Name: Re_nie Z: 4»-.4.r
Title: S r�P -ii-6&
Date: ,-Pg t- Z.IA-- 1 'i c l 3
HALEG- D1RV.ISA'2014 PARK+CALALLENISD INTERLOCALTRANSPORTATIONAAGREEt NTSILMW ;P2O1 O DOC
-94--
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8,2410
AGENDA ITEM: Resolution authorizing the City Manager, or designee, to
execute an Interlocal Agreement with the Corpus Christi Independent
School District to provide transportation services for youth recreation
programs.
ISSUE: The Interlocal Agreement between the City of Corpus Christi and
Corpus Christi Independent School District will allow the City to provide
transportation to scheduled field trips during the Latchkey Summer Camps.
REQUIRED COUNCIL ACTION: The City Council is required to approve all
Interlocal governmental agreements.
PRIOR COUNCIL ACTION: The City Council approved an Interlocal Agreement
between the City of Corpus Christi and the Corpus Christi Independent School
District for Transportation on June 9, 2008.
FUNDING: No additional funding required.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City
Council approve this Interlocal Governmental Agreement with the Corpus Christi
Independent School District.
Stacie Talbert, Interim Director
Parks and Recreation Department
826 -3476
stacietgcctexas. com
Attachments: Background information
BACKGROUND INFORMATION
The City of Corpus Christi Parks and Recreation Department currently operates
10 summer program sites for youth ages five (5) to thirteen (13) throughout the
Corpus Christi independent School District area including five (5) Latchkey sites
and five (5) recreation centers. Three Latchkey summer camps are also held in
Flour Bluff, Calallen and West Oso ISD campuses (separate transportation
agreements with each district will be made). Field trips to local areas of interest
such as swimming pools, bowling alleys, movie theatres, and local museums are
a significant portion of each summer program. In order to transport participants
on the field trips, the department contracts with local school districts to provide
buses and drivers for each trip. CCISD school buses are utilized for these 10
program sites because of the proximity to field trip destinations and familiarity
with camps held at elementary sites.
The contract under consideration is with the Corpus Christi Independent School
District ( CCISD) Transportation Department for a fixed fee of $1.50 per mile and
provides District employed school bus drivers at a fixed rate of $20.00 per hour to
transport the Summer Program participants from their respective campuses to
various local activity sites. CCISD offered the most competitive price and most
accommodating terms for this summer's program. The estimated cost of this
contract is $15,546. The funds are available in the General Fund Latchkey
(13405) budget.
The Latchkey Summer Camp is the answer for working parents. it is offered at
an affordable fee and keeps the participants engaged in various activities while
enrolled. Corpus Christi has been home to approximately 1000 kids during the
summer. In addition to field trips there are guest speakers, art, special events,
and golf, tennis and fitness classes.
The program provides a safe, supervised environment, and quality recreational
experiences and activities. It provides the children a chance to develop
character, learn valuable life skills, make new friends and discover new interests.
The staff is energetic, creative, and receives training in child development and
age appropriate activities. Everyone is certified in CPR and First Aid.
The qualifying site will be providing breakfast and lunch through a grant with the
Texas Department of Agriculture.
Tuition assistance is available for qualified participants.
1NTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF•CORPUS CHRISTI
AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas
home rule municipal corporation (City), end the Corpus Christi Independent School District
(District) for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791,
as amended, to achieve efficiency in meeting intergovernmental responsibilities.
WHEREAS, the City is sponsoring a summer recreational program for elementary school
age children using several of District's school campuses during the term of this Agreement
(hereinafter, collectively referred to as the Summer Program);
WHEREAS, the City includes travel to various activity sites around the Corpus Christi
area as field trips for its Summer Program participants; and
WHEREAS, the District agrees to provide to the City a sufficient number of District
owned school buses, including school buses accessible as required by the Americans with
Disabilities Act ("ADA"), for a fixed fee of $1.50 per mile and provide District - employed school
bus drivers at fixed rate of $20.00 per hour to transport the Summer Program participants from
their respective campuses to the various activity sites.
NOW, THEREFORE, the City and the District, in consideration of the mutual covenants
contained herein, agree as follows:
1. Term. This Agreement begins June 21, 2010 and ends August 6, 2010.
2. Services to be provided. District shall provide its District school buses
(including ADA accessible school buses) and District - employed school bus drivers as needed by
the City for transportation for City Summer Program field trip activities.
3. Consideration. The City shall pay the District $1.50 per mile for each mile
traveled from the District's bus barn to the activity site and back to the District's bus barn.
Additionally, the City shall pay the District for District - employed school bus driver services
performed at rate of $20.00 per hour on a prorated basis. These payments shall be full
compensation to the District for the costs of the school buses, the fuel to run the buses, all
maintenance costs for the buses, fleet liability insurance, salary for the bus drivers, and all other
related costs and expenses to the District.
4. Billing. The District shall bill the City on a monthly basis. City shall pay
the bill within two Fridays after receipt of the bill out of current City revenue.
5. District Bus Maintenance. The District will maintain its buses at Its bus
maintenance facility during the term of this Agreement as a part of the consideration.
6. District Bus Drivers. The school bus drivers assigned by the District to provide
services under this Agreement shall be District employees for all purposes. The school bus
drivers are not City employees for any purpose.
T. Coordination. The City's Director of Park and Recreation, or designee, shall
place a weekly order with the representative from CCISD, or their designee, for the number of
buses needed, the sites at which the buses are needed, the address of the activity to be
undertaken from each site, the time at which the buses must arrive at each site to pick up the
H;1LEO•01R1Usal2O1O ParkICCISO InlarioarrenspartaUonAgreemeniSummer2OW0.doc
_99—
various program participants, and the time at which the buses must arrive at each activity site to
pick up the various program participants to return them to their respective sites.
8, Governmental Service. This Agreement is between the City and the District for
the purpose of providing transportation between the various Summer Program activity sites.
8. Insurance. District agrees to provide following Insurance and name City as
additional Insured: vehicle liability coverage in limits provided by Texas Tort Claims Act for
District of $100,000 per person, $300,000 per occurrence, and $100,000 per occurrence of
property damage. District also agrees to provide worker's compensation coverage as required
by law. In the alternative if District is self insured, District may provide City Director of Parks and
Recreation with a letter confirming self insurance coverage In accordance with applicable law,
10, Current Revenue, All money spent for transportation for the Summer
Program through this Agreement must be spent out of currently available revenue of the City and
the District.
11. Entirety Clause. This Agreement expresses the entire agreement between the
parties. Any modification, amendment, or addition to this Agreement is not binding upon the
parties unless In writing and signed by persons authorized to make such agreements on behalf
of the respective party.
EXECUTED IN DUPLICATE on the day of 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary City Manager
Approved as to legal form April 22, 2010,
By: o •v'-7
Lisa Aguilar, . nt City Attorney
for City Attorney
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
By
D. Scott Eliiff
Superintendent of Schools
Approved as to Legal Form
By
Philip D. Fraissinet
Attorney for CCISD
Review - • andioi.
Director for Purchasing and Distribution
Date Zt ! p
Date 51Z-45:/:,1er0
proved for Purchasing Compliance
Date 5/2P44)
-1 0 0-
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT TO PROVIDE TRANSPORTATION
SERVICES FOR YOUTH RECREATION PROGRAMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an
Interlocal Agreement with the Corpus Christi Independent School District to
provide transportation services for youth recreation programs.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: i6 24. , 2010
Lisa Aguil
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
H: 1LEG- D1R1JeannielLisalordinances- ResolutionslRes -2011t [5D Transportation- youth.docx
Corpus Christi, Texas
of . , 2.010
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
H: 1LEG- DIR1JeannielLisa1Ordinances- ResoiutionslRes- 2019 -HSD Transportation- youth.docx
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
AGENDA ITEM: Resolution authorizing the City Manager, or designee, to
execute an Interlocal Agreement with the Flour Bluff Independent School
District to provide transportation services for youth recreation programs.
ISSUE: The Interlocal Agreement between the City of Corpus Christi and Flour
Bluff Independent School District will allow the City to provide transportation to
scheduled field trips during the Latchkey Summer Camps.
REQUIRED COUNCIL ACTION: The City Council is required to approve all
interlocal governmental agreements.
PRIOR COUNCIL ACTION: The City Council approved an Interlocal Agreement
between the City of Corpus Christi and the Flour Bluff Independent School
District for Transportation on June 9, 2009.
FUNDING: No additional funding required.
CONCLUSION AND RECOMMENDATION: Staff recommends that the City
Council approve this Interlocal Governmental Agreement with the Flour Bluff
Independent School District.
Stacie Talbert, Interim Director
Parks and Recreation Department
826 -3476
staciet@cctexas.com
Attachments: Background information
BACKGROUND INFORMATION
The City of Corpus Christi Parks and Recreation Department currently operates
one (1) summer Latchkey program site for youth ages five (5) to thirteen (13) in
Flour Bluff. Field trips to local areas of interest such as swimming pools, movie
theatres, and local museums are a significant portion of each summer program.
In order to transport participants on the field trips, the department contracts with
local school districts to provide buses and drivers for each trip. Previous
contracts have been signed with Corpus Christi and Ca'alien School Districts.
Flour Bluff ISD school buses will be utilized because the majority of the
Department's summer programs offered for this area are operated from Flour
Bluff ISD campus.
The contract under consideration is with the Flour Bluff Independent School
District ( FBISD) Transportation Department for a fixed fee of $4.86 per mile to
transport the Summer Program participants from their respective campuses to
various local activity sites. FBISD offered the most competitive price and most
accommodating terms for this area's summer programs. The estimated cost of
this contract is $1,387. The funds are available in the General Fund Latchkey
(13405) budgets.
The Latchkey Summer Camp is the answer for working parents. It is offered at
an affordable fee and keeps the participants engaged in various activities while
enrolled. Flour Bluff has been home to approximately 125 kids during the
summer. In addition to field trips there are guest speakers, art, special events,
and golf, tennis and fitness classes.
The program provides a safe, supervised environment, and quality recreational
experiences and activities. It provides the children a chance to develop
character, learn valuable life skills, make new friends and discover new interests.
The staff is energetic, creative, and receives training in child development and
age appropriate activities. Everyone is certified in CPR and First Aid.
The qualifying site will be providing breakfast and lunch through a grant with the
Texas Department of Agriculture.
Tuition assistance is available for qualified participants.
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT
This agreement (Agreement) is entered into between the City of Corpus Christi, a Texas
home rule municipal corporation (City), and the Flour Bluff Independent School District (District)
for purposes of the Interlocal Cooperation Act, Texas Government Code, Chapter 791, as
amended, to achieve efficiency in meeting intergovernmental responsibilities.
WHEREAS, the City is sponsoring a summer recreational program for elementary school
age children using a Flour Bluff Independent School District school campus (hereinafter,
collectively referred to as the Summer Program);
WHEREAS, the City includes travel to various activity sites around the Corpus Christi
area as field trips for its Summer Program participants; and
WHEREAS, the District agrees to consider requests to provide to the City a sufficient
number of District owned school buses, including school buses accessible as required by the
Americans with Disabilities Act ( "ADA "), for a fixed fee of $4.86 per mile to transport the
Summer Program participants from their respective campuses to the various activity sites.
NOW, THEREFORE, the City and the District, in consideration of the mutual covenants
contained herein, agree as follows:
1. Term. This Agreement begins June 21, 2010 and ends August 6, 2010.
2. Services to be provided. District shall review and consider requests to provide
its District school buses (including ADA accessible school buses) and District - employed school
bus drivers as needed by the City for transportation for City Summer Program field trip activities.
Transportation requests will be considered on a trip by trip basis dependent on the availability of
buses and staff.
3. Consideration. The City shall pay the District $4.86 per mile for each mile
traveled from the District's bus barn to the activity site and back to the District's bus barn. This
payment shall be full compensation to the District for the costs of the school buses, the fuel to
run the buses, all maintenance costs for the buses, fleet liability insurance, salary for the bus
drivers, and all other related costs and expenses to the District.
4. Billing. The District shall bill the City on a monthly basis. City shall pay
the bill within two Fridays after receipt of the bill out of current City revenue.
5. District Bus Maintenance. The District will maintain its buses at its bus
maintenance facility during the term of this Agreement as a part of the consideration.
6. District Bus Drivers. The school bus drivers assigned by the District to provide
services under this Agreement shall be District employees for all purposes. The school bus
drivers are not City employees for any purpose.
7. Coordination. The City's Director of Park and Recreation, or designee, shah
place a weekly order with the representative from Flour Bluff ISO, or their designee, for the
number of buses needed, the sites at which the buses are needed, the address of the activity to
be undertaken from each site, the time at which the buses must arrive at each site to pick up the
various program participants, and the time at which the buses must arrive at each activity site to
H:1LEG- DIR1Lisa12010 ParklFlourBluffISD interlocalTransportationAgreementSummer2010 .doc
—107—
pick up the various program participants to return them to their respective sites. Transportation
requests will be placed no later than seven days prior to date of departure.
8. • Governmental Service. This Agreement is between the City and the District for
the purpose of providing transportation between the various Summer Program activity sites.
9. Insurance. District agrees to provide following insurance: vehicle liability
coverage in limits provided by Texas Tort Claims Act for District of $100,000 per person,
$300,000 per occurrence, and $100,000 per occurrence of property damage. District also
agrees to provide worker's compensation coverage as required by law. In the alternative if
District is self insured, District may provide City Director of Parks and Recreation with a letter
confirming self insurance coverage in accordance with applicable law.
10. Current Revenue. All money spent for transportation by the City for the Summer
Program through this Agreement must be spent out of currently available revenue of the City and
the District.
11. Entirety Clause. This Agreement expresses the entire agreement between the
parties. Any modification, amendment, or addition to this Agreement is not binding upon the
parties unless in writing and signed by persons authorized to make such agreements on behalf
of the respective party.
EXECUTED IN DUPLICATE on the day of , 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa `Angel R. Escobar
City Secretary
Approved as to legal form April 22, 2010.
By:
Lisa Aguilar, Assistant City Attorney
for City Attorney
City Manager
FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT
By:
Name: pdvLt Fran►
Title: r t
Date: L'{- 23 -2❑1
H:\LEG- DJR \Ltsa\2010 Park\FiourBlufiiSD InterlocaiTransportationAgreementSummer201O .doc
-1 08-
Page 1 of 2
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE FLOUR BLUFF INDEPENDENT
SCHOOL DISTRICT TO PROVIDE TRANSPORTATION SERVICES FOR
YOUTH RECREATION PROGRAMS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an
lnterlocal Agreement with the Flour Bluff Independent School District to provide
transportation services for youth recreation programs.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 25, 2010
Lisa Agui
Assistant City Attorney
For City Attorney
Joe Adame
Mayor
H:\ LEG- DIRL leannielLisalOrdinances- ResolutionslRes -2fl]g ftlipuffISl7YouthTransportation .doc
Page 2 of 2
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
H:1LEG -DI RLJ eannielLisalprdinances- Resolutions1Res- 2010- FilgirBiuFiiSOYouth Transportation.doc
8
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
AGENDA ITEM:
A. Resolution authorizing the City Manager or his designee to execute all
documents necessary to accept the Summer Food Service Program Grant in the
amount of $219,256.00 from the Texas Department of Agriculture to operate a
Summer Food Service Program for Summer Recreation Program participants ages
one to eighteen years.
B. Resolution authorizing City Manager, or designee, to execute an Inter local
Cooperation Agreement with Corpus Christi Independent School District To Provide
Summer Food Services for Summer Recreation.
C. Ordinance appropriating a $219,256.00 grant from the Texas Department of
Agriculture in the NO. 1067 Parks and Recreation Grant Fund to operate a Summer
Food Service Program for Summer Recreation participants ages one to eighteen
years; and declaring an emergency.
ISSUE:
In order to provide certain services associated with the City's Summer Recreation
Programs, the City Council must A) approve a resolution to accept the Summer Food
Program grant from the Texas Department of Agriculture B) approve a resolution to
execute an inter local agreement with CCISD, C) appropriate grant funds in the amount
of $219,256.00.
REQUIRED COUNCIL ACTION:
Action is required to accept the Summer Food Service Program grant, appropriate
grant funds and authorize the City Manager or his designee to execute all related
contracts and documents for the 2010 Parks and Recreation Department Summer
Food and Recreation Programs.
PREVIOUS COUNCIL ACTION:
The City Council has approved the Summer Food Program grant in prior years.
FUNDING:
The Texas Department of Agriculture provides grant funds for the Summer Food
Program.
CONCLUSION AND RECOMMENDATION: Staff recommends approval.
/J'-
Attachments: Background
—113—
Stacie Talbert, Interim Director
Parks and Recreation Department
BACKGROUND INFORMATION
The U.S. Department of Agriculture (USDA) through the Texas Department of
Agriculture (TDA), Special Nutrition Programs, provides funding for summer nutrition
programs as an extension of the National School Lunch Program. The City's
Summer Recreation Program is again receiving this grant for the Summer Recreation
sites and other local non - profit agencies. (Item A) No local match is required.
This program is a collaborative effort with many agencies to provide summer meals
to the youth of Corpus Christi. Sites to be served are Ben Garza Gym, Casa De
Manana, Club Estates Pool, Coles Gym, Collier Pool, Del Mar College, Garcia Arts &
Education Center, Gonzalez Center, Greenwood Pool, Joe Garza Recreation Center,
John Paul High School, La Armada (Housing Authority), Lantana Square Apartments,
Lexington Manor Leaming Center, Lindale Recreation Center, McKinzie(Housing
Authority), Molina Neighborhood Center, Natatorium, Navarro(Housing Authority),
Northside Manor Apartments, Oak Park Recreation Center, Oso Recreation Center,
Samuel Place Apartments, South Pointe Apartments, Treyway(Housing Authority),
Wiggins(Housing Authority), YMCA, YWCA, and Webb Elementary.
In 2009, The City of Corpus Christi Parks and Recreation Summer Food Program
won 3'd place in the Mayor's Challenge and has already applied for the 2010 Mayor's
Challenge through the Texas Department of Agriculture.
In recent years, the City and CCISD have entered into local interagency agreements
for the preparation and delivery of meals to the sites (Item B).
The City and CCISD again propose to enter into a contract for CCISD to prepare and
deliver the lunches at a rate of $2.50 per lunch and $.65 per snack, both provided on
a weekday basis during the eight week Summer Program, June 14 through August 6,
2010. Sites will be serving meals Monday — Friday or Monday — Thursday,
depending on program requirements. The lunches consist of sandwiches,
fruit vegetable, milk and dessert and the snack consists of fruit/vegetable, milk and
dessert. It is estimated that approximately 2,500 meals per day will be reimbursable
meals. CCISD will maintain and provide menu records as well as daily meals served
until the program's end. At the individual sites, the City employs CCISD Food
Service staff as part-time, seasonal employees to verify meal counts, serve meals
and clean up the site. Grants funds are used to pay the seasonal employees,
cleaning supplies, monitors and food costs. Total program costs, including operation
and administration, are to be provided by the State's reimbursement. An ordinance
is necessary to appropriate the grant of $219,256.00 in order to implement the
program.
Page 1 of 3
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CORPUS CHRISTI
AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
This agreement (Agreement) is entered into between the City of Corpus Christi, a
Texas home -rule municipal corporation (City), and the Corpus Christi Independent
School District (District) for purposes of the Interlocal Cooperation Act, Texas
Government Code, Chapter 791, as amended, to achieve efficiency in meeting
intergovernmental responsibilities.
WHEREAS, the City is sponsoring summer recreational programs for children from
June 14, 2010, to August 6, 2010, at which food will be served (Summer Food
Program); and
WHEREAS, the District agrees to provide unitized lunch and snack meals, inclusive of
milk and juice (hereinafter collectively referred to as Meals), to the City for a fixed fee.
NOW, THEREFORE, the City and the District, in consideration of the mutual covenants
contained herein, agree as follows:
1. Term. This Agreement begins June 14, 2010 and ends August B, 2010.
2. Consideration. The City shall pay the District $2.50 per lunch meal and $.65 per
snack meal.
3. Billing. The District shall bill the City on a monthly basis for all Meals provided to
the City. The City shall pay the bill within two Fridays after receipt of the bill out of
current City revenue.
4. Nutritional Assurances. The District assures that each Meal will meet the
minimum nutrition value and content requirements, in accordance with the Texas
Department of Agriculture FY 2010 Summer Food Service Program regulations,
5. Recordkeeping.
A. The District must maintain full and accurate records including, but not limited to,
the following:
1. Menu records (Menu Records), including the amount of food prepared; and
2. Meal records (Meal Records), including the daily number of Meals delivered
by type.
B. The District must provide monthly reports of Menu Records and Meal Records to
the City's Director of Programs, or designee, within ten business days following the
end of each month during which Meals are provided.
Page 2 of 3
C. The District must retain the Menu Records and Meal Records for 3 years and 90
days, or so long as an audit is in progress. The District must make ail records and
accounts pertaining to this Summer Food Program available to representatives of
the United States Department of Agriculture and the General Accounting Office for
audit or administrative review at a reasonable time and place.
6. Food Service Operations. The District will maintain its food service operations at
the District's facility during the term of this Agreement as a part of the consideration.
7. Workers. The food service workers will continue to be the District's employees for
the term of this Agreement and, therefore, subject to the District's board policies and
regulations. Their salaries and benefits, if any, will be paid out of the City's
consideration payments set out above.
8. Coordination. The City's Director of Parks and Recreation, or designee, shall place
a weekly order with Jody Houston, the District's appointed representative, or designee,
for the number of Meals by type needed, the sites at which the Meals are needed, and
the time at which the Meals must arrive at each site.
9. Governmental Service. This Agreement is between the City and the District for the
purpose of providing Meals for the Summer Food Program sites and activity sites and is
not for the benefit of any third party or individual.
10. Current Revenue. Ail money spent for this Summer Food Program through this
Agreement must be spent out of currently available revenue of the City and the District.
11. Entirety Clause. This Agreement expresses the entire agreement between the
parties. Any modification, amendment, or addition to this Agreement is not binding
upon the parties unless in writing and signed by persons authorized to make these
agreements on behalf of the respective party.
EXECUTED IN DUPLICATE on the day of , 20.10.
CITY OF CORPUS CHRISTI
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa 'Angel R. Escobar
City Secretary City Manager
Approved 4, 2010
Lisa Aguil r Assistant City Attorney
For City Attorney
Page 3 of 3
CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT
Date . /.2.; /16
By
D. Scott Eiliff
Superintendent of Schools
Approved as to Legal Form
By jr.d Date -f zo /zew
Philip D. raissinet
Attorney for CCISD
Reviewed and Approved for Purchasing Compliance
an Bray, C.P.
Director for Purchasing and Distribution
Date .C/2/40
Page 1 of 1
RESOLUTION
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE
SUMMER FOOD SERVICE PROGRAM GRANT IN THE AMOUNT OF
$219,255 FROM THE TEXAS DEPARTMENT OF AGRICULTURE TO
OPERATE A SUMMER FOOD SERVICE PROGRAM FOR SUMMER
RECREATION PROGRAM PARTCIPANTS AGES ONE TO EIGHTEEN
YEARS.
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 execute all
documents necessary to accept the Summer Food Service Program Grant in the
amount of $219,255 from the Texas Department of Agriculture to operate a
Summer Food Service Program for Summer Recreation Program participants
ages one to eighteen years.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: June 2, 2010
Lisa Af i�a
S! .
Assistaht'City Attorney
for the City Attorney
H:1LEG- DIR \Lisa12010 ResolutionslRes- Grant Acceptance211Q. oc
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 G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Page 1 of 1
RESOLUTION
AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE AN
INTERLOCAL COOPERATION AGREEMENT WITH CORPUS CHRISTI
INDEPENDENT SCHOOL DISTRICT TO PROVIDE SUMMER FOOD
SERVICES FOR SUMMER RECREATION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager, or designee, is authorized to execute an Interlocal
Cooperation Agreement with Corpus Christi Independent School District to provide
summer food services for Summer Recreation. A copy of the Agreement is on file in
the City Secretary's Office.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: May 25, 2010
.,1
Lisa Agar
Assistant City Attorney
For City Attorney
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 G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Page 1 of 1
ORDINANCE
APPROPRIATING A $219,256.00 GRANT FROM THE TEXAS
DEPARTMENT OF AGRICULTURE IN THE NO. 1067 PARKS AND
RECREATION GRANT FUND TO OPERATE A SUMMER FOOD
SERVICE PROGRAM FOR SUMMER RECREATION PARTICIPANTS
AGES ONE TO EIGHTEEN YEARS; AND DECLARING AN
EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That a $219,256.00 grant from the Texas Department of Agriculture is
appropriated in the No. 1067 Parks and Recreation Grant Fund to operate a Summer
Food Service Program for Summer Recreation participants ages one to eighteen years.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure this the day of , 2010.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor
Approved: May 26, 2010
Lisa Ag{ fair
Assistant City Attorney
For City Attorney
H 1LEG- DIR\Lisa12010 OrdinancelOrd- SummerFoodService2010 -00C
-122-
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
9
CITY COUNCIL
AGENDA MEMORANDUM
AGENDA ITEM:
June 8, 2010
Amending Ordinance No. 027968, by correcting the description of the abandoned and vacated right of way to
a 61,038.00 square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right
of way, out of a portion of the Botanical Gardens Park Unit 4, Volume 63, Pages 139 -140, Map Records of
Nueces County, Texas, also being out of the Laureles Farm Tracts, Section 31, Volume 3, Page 15, Map
Records of Nueces County, Texas, 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: and declaring an emergency.
ISSUE: City of Corpus Christi is requesting amending Ordinance No. 027968 abandoning and vacating the
undeveloped and unsurfaced South Oso Parkway dedicated public right of way to facilitate the expansion of
the South Texas Botanical Gardens & Nature Center.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to amend an ordinance.
PRIOR COUNCIL ACTION: December 9, 2008 (Ord. No. 027968) - Council approved and granted the
abandonment and vacation of a 61,537.10 - square foot portion of the undeveloped and unsurfaced South Oso
Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, to the City of
Corpus Christi, to facilitate the expansion of the South Texas Botanical Gardens & Nature Center.
IMPLEMENTATION SCHEDULE: Upon approval by Council and issuance of the ordinance, all grants of
street closure must be recorded at Owner's expense in the real property Map Records of Nueces County,
Texas. Prior to the recordation of the street closure, an up to date survey, abstracted for all public rights -of-
way, easements, and items of record, must be submitted to the Development Services Engineer.
RECOMMENDATION: Staff recommends that Ordnance No. 027' •8 be amended.
Attachments:
Exhibit A - Background Information
Exhibit B - Ordinance
Exhibit C - Site Location Map
Exhibit D - Ord. No. 027968
Juan Perales, Jr , P.E.
Asisstant City anager
Engineering and Development Services
Email: JohnnvP(acctexas.com
Telephone: 361 -826 -3828
L.'1PLN- DIRlspecial- serv.IwSepe medinalsity council agenda 2010■str- do1So. Oso Parkway.M
—127—
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
BACKGROUND:
City of Corpus Christi, ( "Owner") is requesting to Amend Ordinance No. 027968, by correcting the description
of the abandoned and vacated right of way to a 61,038.00 square foot portion of the undeveloped and
unsurfaced South Oso Parkway dedicated public right of way out of a portion of the Botanical Gardens Park
Unit 4, Volume 63, Pages 139 -140, Map Records of Nueces County, Texas, also being out of the Laureles
Farm Tracts, Section 31, Volume 3, Page 15, Map Records of Nueces County, Texas, 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, located north of and adjacent to South Staples Street (Farm To Market Highway 2444) public
right of way; subject to compliance with the specified conditions, to facilitate the expansion of the South Texas
Botanical Gardens & Nature Center.
On December 9, 2008, the City Council approved and granted by Ordinance 027968 providing for the
abandonment and vacation of a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso
Parkway dedicated public right-of-way, out of the Botanical Gardens Park Unit 4 Subdivision, to facilitate the
expansion of the South Texas Botanical Gardens & Nature Center. The Nueces County Appraisal District
could not amend the tax records, due to a discrepancy and the legal description as approved by Ordinance
027968. The City is amending Ordinance No. 027968, which authorized the City Manager to execute the
abandoning and vacating of a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso
Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision
The adjoining property to the south, Lot 1, Block 2, out of Botanical Gardens Park Unit 4 Subdivision, was
donated to the City of Corpus Christi in December of 2007. A condition of the dedication to the City was that
the property be used toward the expansion of the South Texas Botanical Gardens & Nature Center facility,
which currently operates on property leased from the City of Corpus Christi. It is intended that after closure of
this existing section of South Oso Parkway right -of -way is complete, replatting of the entire property, including
Lot 1, Block 2 mentioned above. The proposed replat will also include the "re- dedication" of South Oso
Parkway right -of -way along the southerly boundary of the combined tract. This will result in the relocation of
the intersection of FM 2444 and the proposed extension of South Oso Parkway to a point approximately 200
feet west of that currently proposed. This will benefit the travelling public by moving the intersection further
from the curve in FM 2444 and improving stopping sight distance between the curve and the proposed
intersection. This issue has been reviewed by TXDOT representatives, and they have indicated their support
for the intersection relocation, provided that a right turn in and a right turn out, be provided at the proposed
new alignment of the So. Oso Parkway and S. Staples intersection. In addition, the relocation of the proposed
intersection will improve alignment of South Oso Parkway with the property lines to the east of FM 2444. The
relocation will result in the parkway section traversing the tract at its southern edge, rather than bisecting it.
Parkways, by design, are not intended to have residential development along both sides of the roadway, but
rather, only on one side, with a linear park along the other. The proposed alignment will promote this more
desirable development scenario.
All public and franchised utilities were contacted regarding this closure request. Traffic Engineering presented
the closure to the Transportation Advisory Committee for comments on February 22, 2010. The proposed
closure received the endorsement of the Committee. The City Development Services Department, as part of
the platting process will require that a 15 -foot drainage easement be dedicated to provide drainage to an
existing outfall from FM 2444 (S. Staples Street) and that a 15 -foot wide utility easement be dedicated
EXHIBIT A
Page 1 of 2
—1 2 8—
adjacent to the north property line of S. Staples Street right- of- wayand across the entire portion of public right -
of -way being abandoned and vacated, to provide a continuous connection with an existing 15 -foot utility
easement. The City Water Department has an existing 8 -inch waterline in the right -of -way as is requiring that
a 15 -foot wide utility easement be retained. The Fire Department has no objection to the public right -of -way
closure, as long as they have a continuous access turnaround to the property for emergency response. None
of the public and franchised utilities had any objections to the public street right -of -way closure.
The City's Code of Ordinances, Section 49- 12(c)(4) waives payment of fair market value of the right -of -way to
be abandoned when the street is unimproved, and not used for any public street purpose. This section of the
Code also defines "public street purpose" to include, but not be limited to, "curbs, gutters, sidewalks,
pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and any other public utility
installations."
As a condition of the public right -of -way closure, the Owner will be required to record all grants of street
closures and dedications in the real property Map Records of Nueces County, Texas, within 180 days of
adoption of the ordinance for the closure of this section of South Oso Parkway. The Owner has been advised
of and concurs with the conditions of the right -of -way abandonment.
EXHIBIT A
Page 2 of 2
-129-
FROM: Juan Perales,Jr., Asst. City Manager
Engineering and Development Services
DATE: June 1, 2010
TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI:
ORDINANCE REQUEST
DATE RECOMMENDED FOR COUNCIL ACTION: June 8, 2010
ORDINANCE CAPTION:
Amending Ordinance No. 027968, by correcting the description of the abandoned and vacated right of way to a
61,038.00 square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right of way,
out of a portion of the Botanical Gardens Park Unit 4, Volume 63, Pages 139 -140, Map Records of Nueces County,
Texas, also being out of the Laureles Farm Tracts, Section 31, Volume 3, Page 15, Map Records of Nueces County,
Texas, 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: and declaring an emergency.
OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE:
Plat is recorded in Volume 63, Page 139 -140, and Volume 3, Page 15, of the Map Records of Nueces County, Texas,
and Volume 2358, Page 343, of the Deed Records of Nueces County, Texas
SPECIFIED CONDITIONS AS PART OF CLOSURE:
1) Staff recommends that payment of the fair market value be waived because City Code, Sec. 49 -12, eliminates
payment of the fair market value when an abandoned street is unimproved, as it is in this case.
2) The City Water Department has an existing 8 -inch waterline in the right -of -way as is requiring that a 15 -foot wide
utility easement be retained.
3) A 15 -foot wide utility easement will be dedicated adjacent to the north property line of 5. Staples Street right -of -
way and across the entire portion of the So. Oso Parkway public right -of -way being abandoned and vacated to
provide a continuous connection with an existing 15 -foot utility easement.
4) As part of the platting process a 15 -foot drainage easement will be dedicated to provide drainage to an existing
outfall from FM 2444 (S. Staples Street).
2) Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's
(City's) expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior
to recordation of the closure, an up -to -date survey, abstracted for all easements and items of record, must be
submitted to the Development Services Engineer.
REQUES D BY:
Juan Perales,Jr., As . City Manager
Engineering and D velopment Services
x/70
DATE:
Approved:
Date: EXHIBIT B
L:1PLN- DiRlspecial -serv.lwillie medinalcity council agenda 20101str- c!olSo. Oso Parkway.ORD
-1 3 0-
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EXHIBIT C
—131—
--132-
EXHIBIT C
CERTIFICATE
THE STATE OF TEXAS §
COUNTY OF NUECES §
€.r•_ 2009214 7 35 1
Pages 8
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1, the undersigned City Secretary of the City of Corpus Christi, Texas, so certify that
the following is a true and correct copy of Ordinance No. 027968 passed and approved by
Corpus Christi City Council on December 9, 2008 as same appears in the Official Records
of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful
custodian.
WITNESS ETH MY HAND and the Official Seal of the City of Corpus Christi, Texas,
this 30th day of October, 2009.
{S E
Armando Chapa
City Secretary
Corpus Christi, Texas
—133—
EXHIBIT D
i OF 6
Page 1 of 3
ORDINANCE
ABANDONING AND VACATING A 61,537.10- SQUARE FOOT PORTION
OF THE UNDEVELOPED AND UNSURFACED SOUTH DSO PARKWAY
DEDICATED PUBLIC RIGHT -OF -WAY, OUT OF THE BOTANICAL
GARDENS PARK UNIT 4 SUBDIVISION, LOCATED NORTH OF AND
ADJACENT TO THE SOUTH STAPLES STREET (FARM TO MARKET
HIGHWAY 2444) PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE
WITH THE SPECIFIED CONDITIONS
WHEREAS, the City of Corpus Christi (Owner) is requesting the abandonment and
vacating of a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso
Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4
Subdivision, located north of and adjacent to the South Staples Street (Farm to Market
Highway 2444) public right -of -way to facilitate the expansion of the South Texas Botanical
Gardens & Nature Center; and
WHEREAS, with proper notice to the public, public hearing was held on Tuesday,
November 18, 2008, during a meeting of the City Council, in the Council Chambers, at City
Hall, in the City of Corpus Christi, during which all interested persons were allowed to
appear and be heard; and
WHEREAS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced
public right-of-way, subject to compliance with the specified conditions. (Exhibit A)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That the 61,537.10 - square foot portion of the undeveloped and unsurfaced
South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4
Subdivision, located north of and adjacent to the South Staples Street (Farm to Market
Highway 2444) public right -of -way, as recorded in Volume 63, Page 140 of the Map
Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions
specified in Section 2. below.
SECTION 2. The abandonment and vacation of the above public right -of -way is
conditioned as follows:
1) Payment of the fair market value is waived. City Code, Sec. 49-12, eliminates
payment of the fair market value when an abandoned street is unimproved, as it is in
this case.
2) Upon approval by Council and issuance of the ordinance, all grants of street
closures must be recorded at owner's expense in the real property Map Records of
Nueces County, Texas, in which the property is located. Prior to the approval of
building permit and construction, an up -to -date survey, abstracted for all easements
02795
0 ;IS haradt1 aylAgend3 VOMAi i• 181ORD. abandon• vautePubROWS oulhOsoPkwy- BofanicalGardens.ofot
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EXHIBIT D
2 OF 6
Page 2 of 3
and items of record, must be submitted to the Assistant City Manager of
Development Services.
0 :1Sha redWaylAg anda12008111.1 B1QRD- abandon- vacaiePubROW SaulhOsoPkwyBotanicansuder s.d oe
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EXHIBIT D
3 OF 6
Page 3 or 3
That the foregai ordinance/was rea for the first time and passed to its second reading
on this the /&' day of /t/W , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
That tjje foregoing ordinanc was read for the second time and passed finally on this the
ote-L - day of , 2008, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
PASSED AND APPROVED, this the
Armando Chapa
City Secretary
APPROVED as to form: November 10, 2008
By:
Y tie Aguildr
Assistant City Attorney
For City Attorney
027968
Q;1S h ared V aylAge nda12008111- 181oFtO -aba ndon•vacatepubROWSouthOsoPkwy Botanica lGarde ns,Qec
—136—
EXHIBIT D
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SOUTH STAPLES (FM 2444)
-1 3 7-
EXHIBIT D
5 OF 6
Proposed
Street Closure
! Oz_
C itN trf
iCo ilus
Ch -r4
iStreet Location
--13 8 -
EXHIBIT D
6 0F6
1
ORDINANCE
AMENDING ORDINANCE NO. 027968, BY CORRECTING THE
DESCRIPTION OF THE ABANDONED AND VACATED RIGHT OF WAY
TO A 61,038.00 SQUARE FOOT PORTION OF THE UNDEVELOPED
AND UNSURFACED SOUTH OSO PARKWAY DEDICATED PUBLIC
RIGHT OF WAY, OUT OF A PORTION OF THE BOTANICAL GARDENS
PARK UNIT 4, VOLUME 63, PAGES 139 -140, MAP RECORDS OF
NUECES COUNTY, TEXAS, ALSO BEING OUT OF THE LAURELES
FARM TRACTS, SECTION 31, VOLUME 3, PAGE 15, MAP RECORDS
OF NUECES COUNTY, TEXAS, 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;
AND DECLARING AN EMERGENCY.
WHEREAS, on the December 9, 2008, by Ordinance No. 027968, the City of Corpus
Christi abandoned and vacated a portion of the South Oso Parkway right -of -way, which
was inaccurately described in Ordinance No. 027968, due to a scrivener's error;
WHEREAS, this ordinance corrects the description of the abandoned and vacated right -
of -way, which should have been described as being a 61,038.00 square foot portion of
the undeveloped and unsurfaced South Oso Parkway dedicated public right of way, out
of a portion of the Botanical Gardens Park Unit 4, Volume 63, Pages 139 -140, Map
Records of Nueces County, Texas, also being out of the Laureles Farm Tracts, Section
31, Volume 3, Page 15, Map Records of Nueces County, Texas, 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, located north of and adjacent to the
South Staples Street (Farm to Market Highway 2444);
WHEREAS, the public right -of -way was abandoned and vacated to facilitate the
expansion of the South Texas Botanical Gardens & Nature Center; and
WHEREAS, it has been determined, during a meeting of the City Council, on Tuesday,
June 8, 2010, in the Council Chambers, at City Hall, in the City of Corpus Christi, that
the description of the property abandoned and vacated on December 9, 2008 by
Ordinance No. 027968 needs to be corrected;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. Ordinance No. 027968 is amended by correcting the description of the
abandoned and vacated right of way to read as follows:
"A 61,038.00 square foot portion of the undeveloped and unsurfaced
South Oso Parkway dedicated public right of way, out of a portion of the
Oso Parkway Closure Correction ordinance 060220l0.doa* 1 3 9-
Botanical Gardens Park Unit 4, Volume 63, Pages 139 -140, Map Records
of Nueces County, Texas, also being out of the Laureles Farm Tracts,
Section 31, Volume 3, Page 15, Map Records of Nueces County, Texas,
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 located north of and adjacent to the
South Staples Street (Farm to Market Highway 2444) public right -of- way."
SECTION 2. Exhibit A, which was attached to Ordinance No. 027968, is replaced by
Exhibit A, which is attached to and incorporated into this ordinance.
SECTION 3. Upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the day of , 2010.
ATTEST:
Armando Chapa
City Secretary
APPROVED: June 2, 2010.
R. J_ R =' ing
First Assistant City Attorney
For City Attorney
Oso Parkway Closure Correction Ordinance 06022D10.docx 1 4 Q_
CITY OF CORPUS CHRISTI
Joe Adame
Mayor
2
3
Corpus Christi, Texas
Day of , 2009
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Vwe, 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
Oso Parkway Closure Correction Ordinance 06022010.doexl 41—
EXHIBIT A
-142-
10
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
SUBJECT: Lease Amendment No. 1 - New Cinguiar Wireless PCS, LLC
Whitecap Wastewater Treatment Plant Site
AGENDA ITEM: Ordinance authorizing the City Manager or his designee to execute
"Amendment No. 1 to Lease Agreement" (attached) with New Cingular Wireless PCS,
LLC to amend the existing lease of City property for Cell Tower use by: (1) defining the
Consumer Price Index to be the All Urban Consumers, Houston - Galveston- Brazoria, All
Items Index; (2) giving Lessee the right to grant "Co- Locating Use Licenses" to portions of
the leased premises; (3) requiring Lessee to pay the City an annual fee of $9,600 per
Licensee; (4) replacing Lessee's name and address from Southwestern Bell Mobile
Systems, Inc. to New Cingular Wireless PCS, LLC; and (5) keeping intact all other items of
the lease.
ISSUE: On February 8, 1994, the City entered into a sixty year lease agreement to permit
Corpus Christi SMSA, LP to construct a cell tower, dish antennae and support equipment
on surplus City land adjacent to the Whitecap Wastewater Treatment Plant. Corpus
Christi SMSA has now merged into New Cingular Wireless PCS, LLC (NCW PCS). They
have requested to be allowed to grant Co- Locator Use Licenses to other cell phone
operators in order to permit their antennas on the Cingular tower. City staff has negotiated
the additional rent at $9,600 per year for each new antennae and Co- Locator Use License
issued. The annual rent will be adjusted annually by the Consumer Price Index or 6 %,
whichever is lower. The original lease needs to be amended to permit the additional
antennas and to include other updates and changes. City Council approval is required of
all lease changes or amendments.
FUNDING: No funding required.
RECOMMENDATION: Staff recommends approval of the Ordinance as presented.
Foster Crowell
Director of Wastewater Operations
826-1801
fo ste rc(c cct e x a s. co m
Attachments:
Exhibit "A" Background Information
Exhibit "B" Lease Location Map
Exhibit "C" Amended Lease Agreement
Pete Anaya, P.E.
Director of Engineering Services
826 -3781
oetean acctexas.com
H :1H0MElELJSE8IOGIGEMAgenda Items■AT&T Cell Tower SubleaselAgenda Memorandum.doc
BACKGROUND INFORMATION
SUBJECT: Lease Amendment No. 1 - New Cingular Wireless PCS, LLC
Whitecap Wastewater Treatment Plant Site
BACKGROUND: On February 8, 1994, the City of Corpus Christi and Corpus Christi
SMSA Limited Partnership ('CC- SMSA ") entered into a twenty year lease agreement with
four ten -year options to renew. The lease enabled CC -SMSA to construct an eighty foot
high metal tower and an equipment building within a 50 foot by 60 foot area adjacent to the
City's Whitecap WWTP as shown on the attached Exhibit B. The lease was for CC-
SMSA's use exclusively and did not permit other cell phone operators to occupy the
premises. The lease was originally negotiated in the amount of $2,400 annual rent, which
was to be adjusted annually by the Consumer Price Index (CPI) or 6 %, whichever is Tess.
The specific CPI to be used was not stated in the lease.
CC -SMSA has now merged into what is now New Cingular Wireless PCS, LLC ("NCW -
PCS "). The new company has contacted the City with a request to allow them to grant Co-
Locator Use Licenses which would enable other cell phone operators to occupy the cell
tower and install their own dish antennae and support equipment, all within the original
leased area. The City has negotiated a fee with NCW -PCS for any new licenses granted
by them. The amount of $9,600 per year will be paid by NCW -PCS for all new licenses
granted, in addition to the original lease rent which is currently $3,564 per year. The
annual amount will also be subject to yearly escalation set by the newly stated CPI All
Urban Consumers, Houston - Galveston- Brazoria, All Items Index. The amended lease will
update and replace the former Southwestern Bell Mobile Systems, Inc. to New Cingular
Wireless PCS, LLC. All other items of the lease will remain intact.
PRIOR COUNCIL ACTION:
1. February 8, 1994 - Ordinance authorizing the City Manager or his designee to
execute a 20 year lease with options to renew for four consecutive 10 year terms with
Corpus Christi SMSA Limited Partnership (General Partner, Southwestern Bell Mobil
Systems, Inc.) for a 50' by 60' tract at the Whitecap Wastewater Treatment Plant for
erection of a Cellular telephone antenna and equipment building; and providing for
publication. (Ordinance No. 021867)
FUTURE COUNCIL ACTION: None
H:V-f0MEIEUSEBIOGlGENIA.genda lternslAT&T Cell Tower SubleaselBackground.doc
EXHIBIT A
-146-
ect\ councilexhlbits\CELLTOWERLEASE. d wg
gra
LOCATION MAP
WHITECAP WASTEWATER
TREATMENT PLANT
WHITECAP BLVD.
VICINITY MAP
NOT TO SCALE
CELL TOWER LEASE AMENDMENT
New Cingular Wireless PCS, LLC
WHITECAP WWTP
-147-
CITY COUNCIL DCHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 7 of Z E
DATE: 5 -13 -2010
1st Amendment to
LEASE AGREEMENT
THIS 15' AMENDMENT TO LEASE AGREEMENT ( "Amendment ") dated as of the later date
below (the "Effective Date ") is by and between The City of Corpus Christi, having a mailing
address at P.O. Box 9277, City Hall, 1201 Leopard, Department of Engineering Services,
Property Management Division, Corpus Christi, TX 78469 -9277 (hereinafter referred to as
"City") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a
mailing address at 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004 (hereinafter referred
to as "Lessee ").
WHEREAS, City and Corpus Christi SMSA Limited Partnership of Nueces County, Texas
entered into a twenty year Lease Agreement with options to renew dated February 8, 1994
authorized by City Council Ordinance 021867 on February 8, 1994 (the "Lease "), attached and
incorporated herein as Attachment #1, of city property located at the Whitecap Waster Water
Treatment Plant site, 13402 -B Whitecap Boulevard, Corpus Christi, Texas ( "Leased Premises ");
and
WHEREAS, City and Lessee desire to amend the Lease to allow Lessee the right to grant co-
locator use licenses ( "Co- Locator Use Licenses ") to portions of the Leased Premises upon
providing written notice to the City, but not requiring prior written approval of the City. Each
Licensee (hereinafter defined) shall be subject to the same terms and conditions as required of
the Lessee; and
WHEREAS, City and Lessee desire to amend the Lease to increase the rent amount Lessee
owes the City by an amount of $9,600 annually for each Licensee which occupies the Leased
Premises and Lessee's radio transmission facility; and
WHEREAS, City and Lessee desire to amend the Lease to specify that the Consumer Price
Index by which the lease amount is adjusted each year is the Consumer Price Index, All Urban
Consumers, Houston - Galveston - Brazoria, All Items; and
WHEREAS, City and Lessee desire to clarify that New Cingular Wireless PCS, LLC is the
current Lessee, successor -in- interest to the original Lessee, Corpus Christi SMSA Limited
Partnership of Nueces County, Texas; and
WHEREAS, City and Lessee desire to amend the Lease to show New Cingular Wireless PCS,
LLC as the name and address for notices;
NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to
amend the Lease as follows:
1. Amendments to Section 1(a). Subsection "a" of section 1 a of the Lease is hereby
amended as follows:
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EXHIBIT C
Page 1 of 4
(1) by inserting "All Urban Consumers, Houston - Galveston - Brazoria, All Items" and
renumbering "a" to "a -1" as shown:
1. In consideration of this Lease, Lessee shall:
a -1. Pay to the City, upon execution of this instrument, the sum
of $2,400.00. Annually, thereafter, prior to the anniversary date of
this instrument, pay to the City the lease amount ($2,400) as
adjusted each year to reflect either the percentage change in the
Consumer Price Index, All Urban Consumers, Houston- Galveston-
Brazoria, All Items, as published by the U.S. Bureau of Labor
Statistics or six (6 %) percent whichever is smaller.
(2) by inserting after Subsection "a -1" the following new section a -2:
City agrees that, upon providing written notice to the City, but without the
prior written consent of the City, Lessee may, in its sole discretion, grant
to other wireless communication companies ( "Licensees ") the right to use
of a portion of the Leased Premises ( "Co- Locator Use Licenses ").
a -2. Co- Locating Fees. In the event that Lessee grants a Co- Locator
Use License to another wireless communication company, for each
Licensee, Lessee shall pay annually to the City a fee of Nine Thousand
and Six Hundred ($9,600) Dollars per year, as adjusted each year to reflect
either the percentage change in the Consumer Price Index, All Urban
Consumers, Houston - Galveston- Brazoria, All Items, as published by the
U.S. Bureau of Labor Statistics or six (6 %) percent whichever is smaller
(the "Co- Locating Fees ").
When Co- Locator Fees Become Due to the City. Co- Locating
Fees shall become due to the City immediately upon execution of the Co-
Locator Use License Agreement between Lessee and Licensee and/or
upon Licensee's installation of equipment to the Facilities.
Copy of Agreement to City. Lessee must provide the City with
written notice of each Licensee co- locating on the Leased Premises and a
copy of each Co- Locator Use License Agreement immediately after its
execution.
Responsibility of Lessee to pay Cit.,. Lessee shall be solely
responsible for all annual payments due the City.
Responsibility of City. City shall cooperate, at Lessee's or
Licensees' cost and expense, as the case may be, in the timely execution of any documents
2
—149—
EXHIBIT C
Page 2of4
necessary or desirable in the reasonable judgment of Lessee or Licensee to use and enjoy the
Leased Premises. City's failure to timely execute any documents or provide any information or
materials reasonably necessary to allow Lessee and/or Licensees to use the Leased Premises as
described herein shall be considered a default by City under the Lease. City shall cooperate with
Lessee and Licensee in Lessee's or Licensee's obtaining governmental and other use permits or
approvals necessary or desirable for Licensee's permitted use; all such permits and approvals will
be obtained at no cost to or expense of City.
2. Amendment to Section 3. City and Lessee agree that Section 3 of the Lease is
hereby revoked and deleted in its entirety.
3. Amendments to Section 18. Section 18 of the Lease is hereby amended by
deleting and replacing "Southwestern Bell Mobile Systems, Inc. (General Partner), 1022 Grubb
Road, San Antonio, Texas 781219" with the following:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration
12555 Cingular Way — Suite 1300
Alpharetta, GA. 30004
Re: Cell Site 64224; Cell Site Name: STX 5495 9525 /Galleon Bay (TX)
FA# 10009552
with a copy to:
New Cingular Wireless PCS, LLC
Attn: AT &T Legal Department
15 East Midland Avenue
Paramus, NJ 07652
Re: Cell Site 64224; Cell Site Name: STX 5495 9525 /Galleon Bay (TX)
FA# 10009552
4. Terms Remaining. Except as expressly set forth in this Amendment, the Lease
otherwise is unmodified and remains in full force and effect.
3
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EXHIBIT C
Page 3 of 4
EXECUTED IN DUPLICATE each of which shall be considered an original on this day of
, 2010.
CITY OF CORPUS CHRISTI
`Angel R. Escobar
City Manager
ATTEST:
Armando Chapa
City Secretary
New Cingular Wireless PCS, LLC
By: AT &T Mobility Corporation
Its: Manager
Type Name:
Title:
APPROVED AS TO LEGAL FORM on the day of , 2010
Veronica Ocanas
Assistant City Attorney
for City Attorney
ATTACHMENT #1: Lease Agreement
Final Version.1 st AmendmenLLease Agreement.New Cingular Wireless PCS
4
—1 5 1—
EXHIBIT C
Page4 of 4
ORDINANCE
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE "15T AMENDMENT TO LEASE AGREEMENT" (ATTACHED)
WITH NEW CINGULAR WIRELESS PCS, LLC (TO AMEND THE
EXISTING LEASE OF CITY PROPERTY FOR CELL TOWER USE BY:
(1) DEFINING THE CONSUMER PRICE INDEX TO BE THE ALL
URBAN CONSUMERS, HOUSTON-GAL VESTON- BRAZORIA, ALL
ITEMS INDEX; (2) GIVING LESSEE THE RIGHT TO GRANT "CO-
LOCATING USE LICENSES" TO PORTIONS OF THE LEASED
PREMISES; (3) REQUIRING LESSEE TO PAY THE CITY AN ANNUAL
FEE OF $9,600 PER LICENSEE; (4) REPLACING LESSEE'S NAME
AND ADDRESS FROM SOUTHWESTERN BELL MOBILE SYSTEMS,
INC. TO NEW CINGULAR WIRELESS PCS, LLC; AND (5) KEEPING
INTACT ALL OTHER TERMS OF THE LEASE
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 execute "1St
Amendment to Lease Agreement" (attached) with New Cingular Wireless PCS, LLC
(originally executed in 1994 by SMSA Limited Partnership) Southwestern Bell Mobile
Systems, Inc., and authorized by City Council Ordinance 021867 on February 8, 1994,
to lease city property for cell tower use) to amend the existing agreement to (1) define
the Consumer Price Index to be the All Urban Consumers, Houston - Galveston- Brazoria,
All Items Index; (2) give Lessee the right to grant co- locating use licenses to portions of
the Leased Premises; (3) require Lessee to pay the City an annual fee of $9,600 per
Licensee; (4) replace Lessee's name and address in the notice provision from
Southwestern Bell Mobile Systems, Inc. to New Cingular Wireless PCS, LLC; and to (5)
keep intact all other terms of the Lease.
ATTEST:
Armando Chapa
City Secretary
Approved as to legal form: 26 -May -10
_ A 1
By: .t. Lixik'
Veronica Ocanas
Assistant City Attorney
for City Attorney
THE CITY OF CORPUS CHRISTI
Joe Adame
Mayor
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
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: 26 -Ma
By: `i\M-
Veronica Ocanas
Assistant City Attorney
for City Attorney
Joe Adame
Mayor
11
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
AGENDA ITEM:
ITEM A: A resolution approving a schedule of new and increased spay/neuter
clinical charges.
ITEM B: An ordinance amending the following provisions of Chapter 6 of the Code of
Ordinances: Section 6 -27, entitled "Fees," to establish fees for the issuance of a
three -year registration; Section 6 -28, entitled "Term," to revise the section to include
a new three -year registration; Section 6 -29, entitled "Issuance and wearing of tag,"
to revise the fee for a replacement registration tag and establish a new fee for a
replacement rabies tag; Section 6-54, entitled "Fees," to revise permit fees; and
Section 6 -126, entitled "Rabies vaccination," to allow fora three -year rabies vaccine;
creating new Section 6 -104 to establish fees for small animal traps and new Section
6 -105 to establish a dead animal pick -up service fee; providing for an effective date;
providing for penalties; providing for severance; and providing for publication
ISSUE: The Health Department is proposing to set new and increased fees for the
spay/neuter clinic (See Attachment A). The Health Department would collect these fees for
the spay/neuter program. Additionally the Health Department is proposing to amend
Chapter 6 to establish new fees and increase existing fees for Animal Care Services (See
Attachment B). The Health Department will continue to collect these fees.
REQUIRED COUNCIL ACTION: Approval of the resolution and ordinance.
PREVIOUS COUNCIL ACTION: Clinical fees established in 2007 and not since revised.
Last Chapter 6 ordinance revision 12 -14 -2004, with the exception of circus permit fees, did
not include an increase in fees.
FUNDING: There is no funding or match funding required.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution
and ordinance as presented.
Anne e Rodriguez, M1
Director of Public Health
annetter rC i�,cctexas.com
361 - 826 -7205
H
BACKGROUND INFORMATION
ITEM A: The Low Cost Spay /Neuter Clinic began October 2007. At that time, the City set
in place certain fees that were associated with the vaccinations that were required for
surgery. Since that time the clinic has utilized the veterinarian for the adoption program, as
well as for cruelty cases. These situations require Animal Care Services to be able to place
a value upon other items that are used to treat these animals.
ITEM B: In updating the ordinance regarding rabies in Sec. 6 -126, we need also to update
the registration requirements of Sec. 6 -26, offering a three- year as well as the one -year
registration.
Perrnits, Sec. 6 -54, sets out fees for certain animal related permits the City requires. Upon
a review of these fees, it was found that an increase is appropriate.
Rabies, Sec. 6 -126, requires the owners of dogs and cats within the City to vaccinate their
dogs and cats on an annual basis. The State now permits a three -year rabies vaccine to be
used on dogs and cats and for those animals to be recognized as currently vaccinated.
Animal Care Services is seeking to allow this practice of vaccinating every 3 years.
Additionally, Animal Care Services provides traps to citizen. Currently citizens are required
to leave only a refundable deposit. The deposit addresses if a trap is abused, broken or
stolen. However, it does not address normal wear and tear. Therefore, in order to be able
to replace such traps, Animal Care Services is requesting to charge a fee for the use of the
traps in conjunction with the refundable deposit.
Finally, Animal Care Services has been providing to the local businesses, including
veterinarians the service of dead animal pick up. While most veterinarians charge a fee to
their customers for the service of euthanasia and disposal, Animal Care Services has been
providing the dead animal pick up without charge. This ordinance will correct this oversight,
and will result in cost recovery.
New Fees Schedule for Clinic 2010
Attachment A
Description 1
1
New Fees
Miscellaneous
Microchip
25.00
Heartworm Test single dose small animal
3.00
Heartworm Test single dose medium animal
5.00
Heartworm Test single dose large animal
7.00
Heartworm Prev. Box of 6 / small
12.00
Heartworm Prev. Box of 6 / medium
20.00
Heartworm Prev. Box of 6/ large
40.00
Feline Leukemia Test
20.00
Antibiotics
7.00 per mg
Flea & Tick Preventative Single dose 1 Small
11.00
Flea & Tick Preventative Single dose / med.
12.00
Flea & Tick Preventative Single dose / large
13.00
Flea Preventative box of 6 / small
60.00
Flea Preventative box of 6 / med.
62.00
Flea Preventative box of 6/ large
64.00
Fecal Test
1.00
Parvo Test
20.00
Heartworm Test
10.00
Wormer
2.50 per 10 lbs.
Capstar 57mg /green
5.00
Capstar 11.41 blue
5.00
1
—1 5 9—
Amended Fees Schedule for Clinic 2010
Attachment A - Continued
Required Surgery Vaccinations
Current Fee
Suggested Fee
Distemper (feline & canine}
5.00
8.00
Bordetella (kennel cough)
5.00
8.00
2
—1 6 0—
A RESOLUTION
APPROVING A SCHEDULE OF NEW AND INCREASED
SPAY /NEUTER CLINICAL CHARGES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. In accordance with Section 6 -128, Chapter 6, of the Code of Ordinances,
a schedule of new and increased spay /neuter clinical charges for the Animal Care
Services Division of the Health Department is approved. A copy of the approved
schedule is attached and will be placed on file in the City Secretary's Office.
ATTEST:
Armando Chapa
City Secretary
APPROVED: June 2, 2010
Eliz- • th R. Hundley'
Assi ant City Attorney
for the City Attorney
EHres254
-161-
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 Eiizondo, Sr.
Kevin Kieschnick
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
EMres264
—162—
AN ORDINANCE
AMENDING THE FOLLOWING PROVISIONS OF CHAPTER 6 OF THE
CODE OF ORDINANCES: SECTION 6 -27, ENTITLED "FEES," TO
ESTABLISH FEES FOR THE ISSUANCE OF A THREE -YEAR
REGISTRATION; SECTION 6 -28, ENTITLED "TERM," TO REVISE THE
SECTION TO INCLUDE A NEW THREE -YEAR REGISTRATION;
SECTION 6 -29, ENTITLED "ISSUANCE AND WEARING OF TAG," TO
REVISE THE FEE FOR A REPLACEMENT REGISTRATION TAG AND
ESTABLISH A NEW FEE FOR A REPLACEMENT RABIES TAG;
SECTION 6 -54, ENTITLED "FEES," TO REVISE PERMIT FEES; AND
SECTION 6 -126, ENTITLED "RABIES VACCINATION," TO ALLOW
FOR A THREE -YEAR RABIES VACCINE; CREATING NEW SECTION
6 -104 TO ESTABLISH FEES FOR SMALL ANIMAL TRAPS AND NEW
SECTION 6 -105 TO ESTABLISH A DEAD ANIMAL PICK -UP SERVICE
FEE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR
PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 6 -27, Chapter 6, of the Code of Ordinances, entitled "Fees," is
amended to read as follows:
"Sec.6 -27. Fees.
"(a) fee -The annual registration fee is fee for a dog or cat that has been
currently vaccinated with a manufactured one -year or three -year interval
rabies vaccination is as follows:
"(1) Each spayed or neutered dog or cat ... $-3700 4.00
"(2) Each dog or cat not spayed or neutered ... 40700 12.00
"(b) The fee for a three -year registration for a dog or cat that has been currently
vaccinated with a manufactured three -year interval rabies vaccination is as
follows:
"(1) Each spayed or neutered dog or cat ... $ 10.00
"(2) Each dog or cat not spayed or neutered ... 35.00
No fee may be charged for a registration issued for any dog actually
used by a person with disabilities who utilizes the dog as a service animal to
aid the person in going from place to place within the city.
No fee may be charged for a registration issued for any dog that is
owned and used by any law enforcement agency for drug awareness, drug
or bomb detection, or any other law enforcement purpose.
"(4) Lel Participating veterinarians will be rebated one dollar ($1.00) for each
registration they issue if duplicate copies of the registration and vaccination
certificates are submitted to the Animal Care Services division within ten
(10) days of issuance of the registration."
SECTION 2. Section 6 -28, Chapter 6, of the Code of Ordinances, entitled "Term," is
amended to read as follows:
"Sec. 6-28. Term.
"(a) If not revoked under the provisions of this chapter, an annual registration is
effective for a period of one (1) year from the date of the rabies vaccination, if the
registration is issued to an animal vaccinated with a one-year rabies vaccine or a
three -year rabies vaccine and is issued on the date of original vaccination.
"(b) If not revoked under the provisions of this chapter, a three -year registration
is effective for a period of three (3) years from the date of vaccination if the
registration is issued on the date of original vaccination."
"(c) In the event that a registration is, or has been, purchased on a date other
than the rabies vaccination date, the registration issued is effective for a period of
one (1) year from the date of issuance or the expiration date of the rabies
vaccination, whichever occurs earlier. In no instance may any registration
exceed the date of expiration of the rabies vaccination that was administered."
SECTION 3. Section 6 -29, Chapter 6, Code of Ordinances, entitled "issuance and
wearing of a tag," is amended to read as follows:
"Sec. 6 -29. Issuance and wearing of tag.
"(a) * * *
14 * * *
"(c) Replacement of tag. A duplicate registration tag may be obtained from the
Animal Care Services division upon payment of a five- dollar
($5.00) replacement fee and proof of presentation of the original registration
receipt, For animals administered a rabies vaccination through the Animal Care
Services division for which the vaccine remains effective, a duplicate rabies
vaccination tag may be obtained from the division upon payment of a five- dollar
($5.00) replacement fee.
"(d) * *
* 11
SECTION 4. Section 6 -54, Chapter 6, Code of Ordinances, entitled "Fees," is amended
to read as follows:
EHord297
-164-
Page 2 of 6
"Sec. 6 -54. Fees.
"(a) Fees for commercial permits are as follows:
"Auctions ... $ 100.00
"Circuses ... 200.00
"Department Stores (fish rodents. birds 25700 50.00
"Grooming Shops ... 50700 25.00
"Guard Dogs:
"Single dog /single site ... 25700 50.00
"Multiple dogs /single site ... 58700 75.00
"Multiple sites with one (1) dog ... I-0040 125.00
"Kennels:
"Authorized less than ten (10) animals ... 25.00 50.00
"Authorized between ten (10) and f i f t y (50) animals ... 50.00 75.00
"Authorized fifty -one (51) or more animals ... 4- 00.00 125.00
"Performing Animal Exhibit ... 25.00
"Performing Animal Exhibition . . . 200.00
"Pet Stores ... 50.00
"Petting Zoos (temporary; Tess than ten (10) days) ... 50.00
"Rodeos ... 200.00
"Stables:
"Authorized less than ten (10) horses ... 2-5700 50.00
"Authorized between ten (10) and twenty -five (25) horses ... 59:09 75.00
"Authorized twenty -six (26) or more horses ... 4 -0000 125.00
ii(b)
SECTION 5. Section 6 -126, Chapter 6, of the Code of Ordinances, is amended to read
as follows:
"Sec. 6 -126. Rabies vaccination.
EHord297
—165—
Page 3 of 6
"(a) No person may own, keep, harbor or have custody or control of a dog or cat
over four (4) months of age within the city, unless the dog or cat has been
immunized against rabies
in accordance with this chapter and State law. in
the event of a conflict of laws, the more stringent provision shall prevail.
"(b) * * *„
SECTION 6. A new section, Section 6 -104, is created in Chapter 6 of the Code of
Ordinances to establish fees relating to rentals of small animal traps, to read as follows:
"Sec, 6-104-6426,--Reserved. Small animal traps.
"Small animal traps will be rented by the Animal Care Services division to a
citizen for a charge of $10.00. This rental fee provides for the use of a trap for
seven (7) calendar days. There is a required refundable deposit of $50.00 prior
to the rental of a trap. The following are exempt from the rental fee and deposit:
low income citizens below the poverty level as established by the U. S.
Department of Health and Human Services; provided, however, in order to obtain
such an exemption on the fee and deposit, the exempted citizen shall be required
to state in a written agreement that he/she is entitled to the exemption. There is
a $50.00 replacement charge for all small animal traps that are lost, stolen, or
otherwise damaged rendering the trap unusable by the Animal Care Services
division regardless of exemption status for rental fees and deposit."
SECTION 7. A new section, Section 6 -105, is created in Chapter 6 of the Code of
Ordinances to establish a dead animal pick -up service fee, to read as follows:
"Sec. 6 -105. Dead animal pick -up service fee.
"From participating local commercial businesses, a service fee of $1.00 per
animal will be collected for each dead dog, cat, or small animal upon pick up of
the animal by the City. The maximum weight of any animal picked up under this
section may not exceed 100 pounds. The disposal of any dead animal weighing
over 100 pounds will be handled in accordance with the provisions of Chapter 21
of the Code."
"Sec. 6- 106 --6 -125. Reserved,"
SECTION 8. The provisions of this ordinance are effective on and after July 1, 2010.
SECTION 9. A violation of any provision of this ordinance or requirements implemented
under this ordinance constitutes an offense punishable as provided in this ordinance
and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi,
SECTION 10. If, for any reason, any section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance is held invalid or unconstitutional by final judgment
of a court of competent jurisdiction, it will not affect any other section, paragraph,
subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite
intent of the City Council that every section, paragraph, subdivision, phrase, word, and
provision of this ordinance be given full force and effect for its purpose.
EHord297 Page 4 of 6
–166–
SECTION 11. Publication of this ordinance is to be made in the official publication of
the City of Corpus Christi as required by the City Charter of the City of Corpus Christi,
Texas.
EHord297 Page 5 of 6
--157—
The foregoing ordinance was read for the first time and passed to its second reading on
the day of , 2010, by the following votes:
Joe Adame Priscilla G. Leal
Chris N. Adler John E. Marez
Brent Chesney Nelda Martinez
Larry Elizondo, Sr. Mark Scott
Kevin Kieschnick
The foregoing ordinance was read for the second time and passed on its final reading
on the day of , 2010, by the following votes:
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: June 2, 2010
Elizabeth R. Hundley
Assistant City Attorney
for the City Attorney
EHord297
—168—
Joe Adame
Mayor
Page6of6
12
NO ATTACHMENT FOR THIS ITEM
13
NO ATTACHMENT FOR THIS ITEM
14
AGENDA MEMORANDUM
May 25, 2010
AGENDA ITEM:
PUBLIC HEARING — ZONING (City Council Action Date: June 8, 2010)
Case No. 0410 -03 CHAMPION TECHNOLOGIES, INC. -A change of zoning from the "1 -2"
Light Industrial District to the "1 -3" Heavy Industrial District resulting in a change of land
use from light industrial to heavy industrial use on the property described below:
Starcrest Place 2, Block 5, Lots 18, 19 & 20, generally located at the northeast corner of
the intersection of Santa Elena Street and Centaurus Drive, at 350 Centaurus Drive.
PLANNING COMMISSION AND STAFF RECOMMENDATION (APRIL 28, 2010):
Denial of the "1 -3" Heavy Industrial District in lieu of approval of the "1 -2" Light Industrial District with a Special
Permit for one (1) UL142 above ground fuel storage tank not to exceed 1,000 gallons, one (1) UL2085 above
ground fuel storage tank not to exceed 2,000 gallons and the use of above ground storage tanks, above
ground blending vessels and storage containers for oilfield specialty chemicals.
'1. Uses: All uses allowed in the "1 -2" Light Industrial district plus one (1) UL142 above ground fuel
storage tank not to exceed 1,000 gallons, one (1) UL2085 above ground fuel storage tank not to
exceed 2,000 gallons and the use of above ground storage tanks, above ground blending vessels and
storage containers for oilfield specialty chemicals
2. Fire Department Approval: The above ground fuel tanks and above ground storage tanks, above
ground blending vessels and storage containers for oilfield specialty chemicals shall meet all Fire
Department Requirements.
3. Zoning Board of Adjustment Approval: The above ground fuel tanks and above ground storage
tanks, above ground blending vessels and storage containers for oilfield specialty chemicals will not
be allowed without zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of this
ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all
other conditions.
REQUIRED COUNCIL ACTION:
Approval of Planning Commission and Staffs Recommendation_
STAFF SUMMARY:
Request: The applicant is requesting a change in zoning from the "I -2 "Light Industrial District to the "1-3"
Heavy Industrial District to legally permit nonconforming uses on site, specifically allowance of a red diesel,
1,000 gallon, "above ground" fuel storage tank. In addition, the use of "above ground" storage tanks, "above
ground" blending vessels and storage containers for oilfield specialty chemicals. The applicant is requesting
allowance of 2,000 gallon, UL 2085, "above ground" fuel storage tank, not yet on site.
—179—
Agenda Memo
Case No. 0410-03 Champion Technologies, Inc.
Page 2
Existing Land Uses: Champion Technologies' Corpus Christi warehouse is a distribution facility whose
primary function is to store chemicals until distributed to customers off -site. The use of blend tanks at this
facility is to take the purchased product, dilute with water only and store until distributed to customers off -site.
a The use of "above ground" fuel storage tanks and "above ground" storage tanks, "above
ground" blending vessels and storage containers for oilfield specialty chemicals have been
ongoing uses since 1989 with additions and expansions occurring over the last twenty years.
The Fire Marshall notified the owners of the establishment of the illegal nonconforming use and
to apply for a change of zoning and zoning Board of Adjustment action.
o A 2,000 gallon, steel, "above ground' fuel storage tank was removed in 2010 when the applicant
discovered the use was not permitted and the type of storage tank did not meet Fire Department
requirements. The applicant, however, did keep a 1,000 gallon, "above ground ", red diesel, fuel
tank on the property. The red diesel is used as a dilutive, which ensures that the applicant's
chemical reaches its destination down -hole. This process is done off -site in the field.
o The "above ground" storage tanks, "above ground" blending vessels and storage containers
contain various combustible and flammable chemicals which have been inventoried by the Fire
Marshall. The "above ground" storage tanks and blending vessels are housed outside in three
separate tank farms, east, west and south. Each storage tank and blending vessel is double
walled. Furthermore, each farm has a cement containment wall, a minimum distance of 3 feet
from storage tanks and blending vessels. The containment walls are 6- inches in width and each
farm has varying heights designed to hold the volume of the storage tanks within the farm plus
precipitation. The "above ground" storage tanks, "above ground" blending vessels and storage
containers have been reviewed by the Fire Marshall.
Existing Zoning: The subject property is zoned 1 -2 ". The purpose of the "1 -2" Light Industrial District is
primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings
with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses
are not permitted in this district. The "1 -2" District requires a minimum 20 -foot front yard setback and no side
or rear yard setbacks are required unless the property abuts a residential district; then a 10 -foot side and rear
set back would be required. The "1-2" District does not have a minimum lot size, lot frontage, height limitation,
open space requirement, or floor area intensity factor requirement. Uses involving petroleum and allied
products are among the uses which are not allowed in the 1 -2" District.
Proposed Zoning: The applicant is requesting a change in zoning to the "1 -3" Heavy Industrial District. The
"1 -3" Heavy Industrial District provides for industrial operations of all types except that certain potentially
hazardous industries, such as above- ground fuel tanks, are permitted by the City Council through the Special
Permit approval process, and by the City's Zoning Board of Adjustment, to assure protection of the public
interest and surrounding property and persons.
-180-
Agenda Memo
Case No. 0410 -03 Champion Technologies, Inc.
Page 3
Ju. n Perales, Jr. P.E.
Assistant City M= nager, Departments of Engineering and Development Services
Email: iohnnvp(cctexas.com
Phone: 361 -826 -3828
Attachments:
1. Zoning Report
2. Planning Commission Minutes
3. Ordinance (and site plan if appropriate)
-181-
CITY COUNCIL
ZONING REPORT
Case No.: 0410 -03
Planning Commission Hearing Date: April 28, 2010
Applicant & Legal
Description
Applicant: Champion Technologies, Inc.
Owner: Champion Technologies, Inc.
Representative: Toby Zaplac & Matthew Trevino
Address: 350 Centaurus Drive
Legal Description/Location: Starcrest Place 2, Block 5, Lots 18, 19 & 20, generally located at
the northeast corner of the intersection of Santa Elena Street and Centaurus Drive, at 350
Centaurus Drive.
Zoning Request
From: "I -2" Light Industrial District
To: 9-3" Heavy Industrial District
Area: 1.826 acres
Purpose of Request: The applicant is requesting a. change in zoning from the "I -2 "Light
Industrial District to the "1 -3" Heavy Industrial District to legally permit nonconforming uses on
site, specifically allowance of a red diesel, 1,000 gallon, "above ground" fuel storage tank. In
addition, the use of "above ground" storage tanks, "above ground" blending vessels and storage
containers for oilfield specialty chemicals. The applicant is requesting allowance of 2,000 gallon,
UL 2085, "above ground" fuel storage tank, not yet on site.
Zoning
Existing Land Use
Future Land Use
Site
"I -2" Light Industrial
Heavy Industrial
Light Industrial
North
"1 -2" Light Industrial
Light Industrial
Light Industrial
South
"I -2" Light Industrial
Light Industrial & Vacant
Light Industrial
East
"I -2" Light Industrial
Vacant
Light industrial
West
"1 -2" Light Industrial
Light Industrial
1 Light industrial
Area Development Plan: This tract of land is located in the Westside Area Development Plan
and is planned for light industrial uses. The proposed change in zoning is not consistent with the
adopted Future Land Use Plan which designates the area for light industrial uses. However, the
modification to the ADP is acceptable for this small parcel which is compatible with the adjacent
industrial tracts and could be accomplished through a Special Permit.
Map No.: 050043
Toning Violations: Illegal nonconforming use of above ground fuel storage tanks and above
ground storage tanks, above ground blending vessels and storage containers for oilfield specialty
chemicals.
—182 --
City Council Zonintz Report
Case #: 0410 -03, Champion Technologies. Inc.
Page 2
Staff's Summary:
• Request: The applicant is requesting a change of zoning on 1.826 acres from the "I -2" Light
Industrial District to the "I -3" Heavy Industrial District. The applicant/owner has leased the subject
property since early 1989 and owned the subject property since late 1989 (with the addition of Lot
20 in August 1991).
• Existing Land Uses:
o Champion Technologies' Corpus Christi warehouse is a distribution facility whose primary
function is to store chemicals until distributed to customers off -site. The use of blend tanks
at this facility is to take the purchased product, dilute with water only and store until
distributed to customers off -site.
o The use of "above ground" fuel storage tanks and "above ground" storage tanks, "above
ground" blending vessels and storage containers for oilfield specialty chemicals have been
ongoing uses since 1989 with additions and expansions occurring over the last twenty years.
The Fire Marshall notified the owners of the establishment of the illegal nonconforming use
and to apply for a change of zoning and zoning Board of Adjustment action.
o A 2,000 gallon, steel, "above ground" fuel storage tank was removed in 2010 when the
applicant discovered the use was not permitted and the type of storage tank did not meet
Fire Department requirements. The applicant, however, did keep a 1,000 gallon, "above
ground ", red diesel, fuel tank on the property. The red diesel is used as a dilutive, which
ensures that the applicant's chemical reaches its destination down -hole. This process is done
off -site in the field.
o The "above ground" storage tanks, "above ground" blending vessels and storage containers
contain various combustible and flammable chemicals which have been inventoried by the
Fire Marshall. The "above ground" storage tanks and blending vessels are housed outside in
three separate tank farms, east, west and south. Each storage tank and blending vessel is
double walled. Furthermore, each farm has a cement containment wall, a minimum distance
of 3 feet from storage tanks and blending vessels. The containment walls are 6-inches in
width and each farm has varying heights designed to hold the volume of the storage tanks
within the farrn plus precipitation. The "above ground" storage tanks, "above ground"
blending vessels and storage containers have been reviewed by the Fire Marshall.
• Existing Zoning: The subject property is zoned "I -2 ". The purpose of the "I -2" Light Industrial
District is primarily for light manufacturing, fabricating, warehousing and wholesale distributing in
high or low buildings with access to an arterial street. freeway, or railroad in central or outlying
areas of the city. Residential uses are not permitted in this district. The "I -2" District requires a
minimum 20 -foot front yard setback and no side or rear yard setbacks are required unless the
property abuts a residential district; then a 10 -foot side and rear set back would be required. The
"I -2" District does not have a minimum lot size, lot frontage, height limitation, open space
requirement, or floor area intensity factor requirement. Uses involving petroleum and allied
products are among the uses which are not allowed in the -1-2" District.
Proposed Zoning: The applicant is requesting a change in zoning to the "I -3" Heavy Industrial
District. The "I -3" Heavy Industrial District provides for industrial operations of all types except
—183—
City Council Zoning Report
Case #: 0410 -03, Champion Technologies, Inc.
Page 3
that certain potentially hazardous industries, such as above - ground fuel tanks, are permitted by the
City Council through the Special Permit approval process, and by the City's Zoning Board of
Adjustment, to assure protection of the public interest and surrounding property and persons.
• Transportation and Circulation: The subject property has access to Centaurus Drive and Santa
Elena Street. Santa Elena is a proposed C2 Secondary Collector. The C2 Secondary Collector will
be used to upgrade an existing Minor Collector street where traffic generation has exceeded existing
street capacity or in undeveloped areas where the density of development may not warrant a higher
street classification.
Street R.O.W.
Street
Existing ROW
and Paved
Section
Planned ROW
and Paved
Section
Urban
Transportation
Plan Type
Traffic
Volume
2008
Centaurus Drive
SS' wide! 40'
paved, 2 -Lanes
64'/2 -Lanes
CI Collector
NA
Santa Elena Street
, .60'wide /40'
paved, 2 -Lanes
65"/3-Lanes, Cont
LIT
C2Collector
NA
• Infrastructure Demand:
o Water: A 6 and 8 -inch water line along Centaurus Drive and 6 inch water line
along Santa Elena Drive
o Wastewater: The City of Corpus Christi has a 6 -inch wastewater line along Centaurus
Drive and Santa Elena Street
o Stormwater: A stormwater line exists along Centaurus Drive and Santa Elena Street.
• Public Safety:
o Police: The subject property is served by the Corpus Christi Police Department and is in the
Directed Patrol District D40. Crime statistics up to 2005 show a decline from 1.131 crimes
committed in 1993 to 835 crimes in 2005. The last year for which statistics are available is
2005.
o Fire: The closest Fire Station is number 9, located at 501 Navigation, approximately
6,665feet (1.30 miles) from the subject property.
• Environmental Constraints:
o FEMA Flood Zone: Zone C, areas of minimal flooding.
a Soil Type:
o 79% (VcA) "Victoria clay'
• Slope: 0 to 1 percent
• Drainage class: Well drained
• Depth to water table: More than 80 inches
• Frequency offloading: None
—184—
City Council Zoning Report
Case #: 041 0 -03, Champion Technologies, Inc.
Page 4
• Frequency of ponding: None
• Available water capacity: Moderate (about 6.9 inches)
o
21% (Ba) "Edroy Clay"
• Slope: 0 to 1 percent
• Drainage class: Poorly Drained
• Depth to water table: About 0 inches
• Frequency offloading: None
• Frequency of ponding.: Occasional
• Available water capacity: Moderate (about 7.7 inches)
o Wetlands: No wetlands are present onsite.
o Flight Zone: The subject property is not located within an AICUZ.
• Relationship to Smart Growth (See Attachment 10, Principles of Smart Growth):
Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the
rezoning a 24 on a scale of 100 points.
Smart Growth Principles which relate to the requested rezoning include:
o Strengthen and direct development toward existing communities (15 points).
a Provides a variety of transportation choices (6 points).
o Makes development decisions predictable, fair and cost effective (3 points).
COMPREHENSIVE PLAN CONSISTENCY:
The adopted Future Land Use Plan designates the subject property for light industrial uses. The primary
use of the property will be heavy industrial uses. Although the proposed "I -3" Heavy Industrial District
is not consistent with the City's Comprehensive Plan, there are no adjacent residential properties and use
of all chemicals onsite is regulated by Fire Marshal of US DOT regulations. hl addition to the Future
Land Use Plan. policies from the Corpus Christi Policy Statements and the Area Development Plans are
provided below.
• CORPUS CHRISTI POLICY STATEMENTS:
PROVIDE ADEQUATE AND SUITABLY -ZONED LAND FOR BOTH LIGHT AND HEAVY
INDUSTRIES
In recognition that not all industrial uses have the same locational or service needs, industrially zoned
land should be available in a variety of areas throughout the city. The quantity of available land
should be abundant enough to keep land prices at a level that wilI not discourage new industries from
locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide
variety of needs and activities associated with industrial uses.
Staff Comment: Providing sufficient industrial land in the community is an extremely important
goal to encourage economic development. Currently. the Westside area has approximately 6.3% of
heavy industrially used land.
-1 8 5-
City Council Zoning Report
Case #: 0410 -03, Champion Technologies, Inc.
Page 5
AN ACTIVE PROGRAM SHOULD BE DEVELOPED TO RETAIN AND EXPAND
EXISTING INDUSTRY
One of the principal components of industrial growth comes from the expansion of existing industry
rather than from the development of new industry. Programs that will promote competitively- priced
industrially -zoned land for expansion should be supported.
Staff Comment: The business has been operating with same land uses since 1989 and may consider office
expansion to Lot 20.
PROMOTE THE EXPANSION OF EXISTING AND NEW BUSINESS DEVELOPMENT TO
PROMOTE CITY GROWTH AND A STRONG LOCAL ECONOMY.
The city should promote the growth and expansion of existing businesses because they are the
"backbone" of the local economy, and it should also attract new businesses that will create new jobs
and increase family income levels.
Staff Comment: Since the business has been in operation for over twenty years and has intensions of
expansion, promotion of the use of the property and future expansion should be supported along with
bringing the establishment into conformity.
Plat Status:
The subject property is platted.
Department Comments:
• The Fire Marshall:
• Has reviewed the application
• Classified each of the chemicals based on combustibility and flammability per the Fire
code
• Assisted applicant with site plan as to size and location of tanks, blending vessels and
containers.
• Has no objections to the rezoning request through a Special Permit
Planning Commission and Staff Recommendation:
Denial of the "1 -3" Heavy Industrial District in lieu of approval of the "1 -2" Light Industrial District with a
Special Permit for one (1) UL142 above ground fuel storage tank not to exceed 1,000 gallons, one (1)
UL2085 above ground fuel storage tank not to exceed 2,000 gallons and the use of above ground storage
tanks, above ground blending vessels and storage containers for oilfield specialty chemicals.
1. Uses: All uses allowed in the "1 -2" Light Industrial district plus one (1) UL142 above ground fuel
storage tank not to exceed 1,000 gallons, one (1) UL2085 above ground fuel storage tank not to
exceed 2,000 gallons and the use above ground storage tanks, above ground blending vessels and
storage containers for oilfield specialty chemicals
2. Fire Department Approval: The above ground fuel tanks and above ground storage tanks,
above ground blending vessels and storage containers for oilfield specialty chemicals shall meet
all Fire Department Requirements.
—186—
City Council Zoning Report
Case #: 0410-03, Champion Technologies, Inc.
Page 6
3. Zoning Board of Adjustment Approval: The above ground fuel tanks and above ground storage
tanks, above ground blending vessels and storage containers for oilfield specialty chemicals will
not be allowed without zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of
this ordinance, unless the property is being used as outlined in Condition #1 and in compliance
with all other conditions.
Comments
0J
d
aa
Number of Notices Mailed Total — 13 within 200 foot notification area; 3 outside notification
area
Favor — 0 (inside notification area); 0 (outside notification area)
Opposition — 0 (inside notification area); 0 (outside= notification area)
(As of April 23,2010)
Attachments: 1. Site — 2009 Aerial
2a. Neighborhood — Existing Land Use
2b. Site — Existing Land Use
3. Site — Future Land Use.
4. Site — Existing Zoning, Notice Area & Ownership
5. Comments received from Public Notices mailed
6. Notice Mailing List
7. Smart Growth Principles
8. Site Plan(s)
9. Objectionable Chemical List
10. Code of Federal Regulations
Title 49 Transportation
Volume 2
Subtitle B Other Regulations Relations to Transportation
Chapter 1 - Pipeline and Hazardous Materials Safety Administration,
Department of Transportation
Subchapter C — Hazardous Materials Regulations
172.103 DOT Hazardous Materials Table
173.202 Non -bulk packagings for liquid hazardous materials in Packing Group II
172.102 Special Provisions
—187—
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CASE: 0410 -03
1 . SfTE- 2O 9 AERIAL
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Refer to Map 2 for Nehvornood
Existarg Land Use. A kio available
at www- cctexas- com
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CASE: 0410 -03
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CASE: 0410 -03
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NOTICE AREA & OWNERSHIP
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COMMENTS RECEIVED
ED
FROM PUBLIC NOTICES MAILED
Case No: 0410 -03
Name: Champion Technologies, Inc.
L 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:
17
0
Favor: 0
Opposition: 0
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:
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'alices listed below are taken from "Getting to Small Gra ^nth 11: 100 More Policies for Implementation" provided try the Sntarf Growth 1Ve ^work.
+hose policies are intended to offer en alternative approach to development and should not be viewed as de.vefoprnent mandates. Although
=ncouraged based on their ability to improve the city's function and livability, these policies are in no way meant to serve as additions.,
leveloprnent requirements or regulations. Smart Growth policies for Corpus Christi merely offer viable development options capable of effectively
wpporting economic development and jobs; creating strong neighborhoods with a range of housing, commercial, acid traffic calming options for
ncreasing populations and growth: and achieving healthy communities that provide families with a clean environment.
Toning Case :0410 -03 T 1
1 Answer ; Pis. Weight
From: "l -2" tight Industrial District To "1 -3" Heavy Industrial District
Will the request promote development that fosters the following?
1. Mix and uses.
Project provides a new type of development to an existing neighborhood such as
employment, housing. retail, civic, educational, cultural, recreation, neighborhood -
serving retailfservice?
3 uses added 3
2 uses added 2
1 use added 1
Reuses closed, decommissioned. or obsolete institutional uses?
Project is mixed use (any combination of housing, retail, office. commercial. public
buildings. etc.)
x3
Score
0
0
Yes 1
x2 p
No 0
4 -- uses 3 0
uses 2 x'
2 - uses
2. Takes advantage of compact building design.
Utilizes reduced setbacks and/or compact development that supports more stores Yes
and restaurants within a neighborhood boundary, or creates opportunities to pursue No 0 j x
a range of activities in a small area? _
Manages and effectively provides a transition between higher and lower - density Yes 1
nei .hborhoods? No 0
3. Creates a range of housing opportunities and choices. } -.
Implements a range of housing options with a variety of types and unit sizes within ! Yes 1
the community? (condos, townhomes, single - family, apartments) No 0
Utilizes private and public property tax exemption programs or local. state, Or
federal finding incentives for mixed- income developments and/or low- income Yes 1
homeowners and individuals to reduce building costs and uses available resources No 0
more effectively?
The project promotes development (residential, commercial. office) with a wide Yes 1 x :s
range in pricing available for varying income levels for sale or lease? - No �_ -- -_- 0
x22
x3
s3
4. Creates walkable neighborhoods.
Promotes development close to schools, corner stores, dry cleaners. restaurants, and
other services that promotes walkable communities and reduces long- distance
commutes?
Yes
Will incorporate sidewalks or a bike or pedestrian path into the final development Yes
or connects to existing sidewalks? No
Promotes development so children are close enough to walk to school' Yes
y No
5. Fosters distinctive. attractive communities with a strong sense of
place.
The building is ar existing building that is historic in any way or provides focus on Yes
a historical, cultural. or natural attributes? No
1
x3
• 0 i
•
x3
0
Utilizes established standards for builciine sze. density. and architectural standards
Yes
and locates development in areas that reflect the -vision" of the Area Development
No
Pin. the Future Land Use Map, ardor Comprehensive Plan': - T.. _
Promotes shoppin<_T and makes retail centers distinctive and attractive destinations ;es
and ,__'a=ltering places where residents frequent on the ':veekencis'. \:' t.
ire: italir_es the waterfront. beach. or ha- areas: 1'es
No
),te. t! ' protect re ]ins blink t ;rori its neignil +rhoo,. — — 4 es
—201—
0
0
Presetrt-es open space. farmland, natural beauty, and critical
environmental areas.
['reserves critical areas for wafer- gLiali proteLtior inclridine wetlands. riparian
corridors. floodplains, and retains or creates buffer zones surrounding these areas. .
utilizes land manaiiernent techniques, to decrease the ante +urn of pollution entering
the water system and preserve wildlife habitats?
Does the project implement green building techniques or standards tier reducing
e ronrncrttal impacts?
Supports tree preservation onsite andior provides adequate tree landscaping (at a
minimum) to replace trees being removed?
Yes
No
[i
Yes
No i}
Yes 1
No 0
x4
ti
x3
Provides community green open space or includes useable green space for outdoor Yes 1 x 3
recreation and preserves views of scenic, historic or cultural areas? No 0 .L— 0
Does it avoid the acquisition and change in use of operating farrns or prime Yes 1 I
.farmland? - No - 0 l -- 0
r. Strengthens and directs development toward existing communities. i 15
is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3
Service is; Less than ;5
mile_' x 4
! to i1 mile i
,f 7 miles 0 _._._. 2
is the availability of existing public services, such as police. fire, schools and Yes i i 1 i
health, sufficient to serve the project? No 0 x' 1
is the project a redevelopment of an existing building or brounfield area that would Yes 1 t
make the property a productive piece of land? No ? 0 X' 0
0
Will the project encourage commercial and retail investment in underseived Yes
communities? No
Does the project enhance the use of existing public outdoor recreation facilities or Yes
areas, such as parks. fishing piers. boat storage areas. or rental equipment:' No
Is the project in an area with declining school enrolment that threatens its Yes
neighborhood schools with closure or support residential use in areas with
No
historically declining school enrollment?
L. Provides a variety of transportation choices. _
The proposed project is accessible by multiple modes of transportation (auto. bus,
rail. hiking. walking)? j
The protect within walking distance to public transit? (Within L000 ft) Yes i 1
No j 0
9. Makes development decisions predictable, fair and cost effective. 1- --
Yes 1 i
No 0
The project k c:nsistent with the Area Development Plan? Yes ! 1
No 0
0
6
3 modes 2
x S
2 modes
The project is consistent with the Future Land Use Map and Comprehensive Plan.?
0
3
0
x2
0
is the proposed project located along transportation corridors where traffic is
Yes
3
Tunneled to rig=ht—of—wads canable of handling the increased traffic without x 3
significantly decreasing the transportation levels of service for surrounding areas? No 0 –
Will the project design incorporate systems for reducing storm water runoff or Yes 1 -.
x 3
i'rov;de onsize retention? No 1)
Does project contribute to the economic. \-iii :lit\ and dtv'ers :ty or the coy: muIut- or
Yes i
propose corn ?lerc :al or indusiria' 3eYeiopmcni in areas \S' :th high unemployment- o- x
No 0
Pohit ' ;rad ng System:
0
Smart Growth Rating Total Points _
0 -20 pts = * , 21-39 pts.= * 1111 40 -59 pt * *
. 6 O . . 7 9 = * * * * l 80-100 pts = * * * * *
_
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Gyptron® T-59, Drum ' 3054 G
0110 j9000001114 G
Gyptron® T-144, Drum ....?!..'''' ' 0054 G
GAL 286.000 •-0
0110 , 9000001138 G
Gyptron® m
m
GAL 46.000 ci,
0110 9000001141 G
Gyptron® T-167, Drum 11: 1 0054 G
GAL 131.000 ,
GAL M
MIN 660.000 0;
0110 9
9000001147 G
Gyptron® T-132, Drum E
EMIM:30054 G
0110 9
9000001222 G
IMM510054 G
71,
;tiC
0110
9000001783 Gas Treats 165FB, Drum
9000001858 SL
-11754
9000001891 Surfatrons DP -85, Drum
0110 9000001897 5urfatron& DN -87, Drum
0110 9000001957 Surfatrong 613, Drury
0054
0054
0110 9000001966 Surfatrong' DT -78, Drum
0110 9000002044 Sur;atrons' ID -2057, Drum
0110 9000002211
Defoamer V -106, Drum
0110 9000002259 Foamatron® V -57, Drum
0054
0054
GAL
GAL
GAL
GAL
GAL
GAL
0110 9000002277 Foamatron® EFP -1001, Drurn
}054
0054
GAL
GAL
011.0 9000002307 .. Fo.arnatrong .EFP- 1002,. Drum
0110 9000002310 Foamatrong EFP -1003, Drum
0110
9000002316 Foamatron® EFP -1004, Drum
0054
GAL
0054
GAL
0054
GAL
0110 9000002346 Foamatron® EFP -1025, Drum
0110 9000002400 Bactrong K -31 Antimicrobial, Drum
0110
0110
0110
0054
GAL
9000002418 Bactron° K -77 Antimicrobial, Dru 0054
m
9000002433 8actrong K -103 Ind. Antimicrobial, Drum 0054
9000002440 Product 464, IBC, P330 -1W
0110 9000002457 Emulsotron® X -405, Drum
0110 9000002484 Emulsotron's X -318, Drum
0110
0110
9000002496 Emulsotron® XA-326, Drum
9000002505
0110
0110
Emulsotron® X-435, Drum
9000002508 Emulsotron® XF -421, Drum
9000002511 Emulsotrong X-436, Drum
0110 9000002529 Cleartron *2B -45, Drum
0054
0054
GAL
GAL
r ir•. 4..
0,000
40_015171.: a .•: r .
495.000x. r_=
110.000 1 ,. < c:
45.000 n.tt ,> 1Tr
385.000..
435.000 �� r,'. 1E
740.000 Cc o-
/90.000
190.000
2,750.0001 •
3,614.E 0:t-y-
3,335.000 f0. _-.
2,450.000 "r,
250.000 1
YPJj if5 183.000
b r ► .- 772.0001'.; •01- r,
rap�1 ,115.000
113c.C. 1,320.000 a-
165.000 r'‘
0054
GAL
0054
GAL
0054
0054
GAL
GAL
0054
GAL
495.000 <<a
110.000 F
55.000 , .. , .
275.000 C. - 1.
0.000C:i 0..
350.440 ‹.crk,�::
0110 9000002541 Emulsotron® X -754, Drum
0110 9000002556 Emulsotrong X -798, Drum
245.000 ,�.•:._ ,
220.000,007c; -r
55.000 T1a, iA
165.000
495.000. 0:00:= . m
55.000 kip, ',?'
307.000
495.000 =0066r..t - -
550.000 - 0E0001 IL
0110 9000003253 Emulsotron® X- 828b5, Drury
9000003265 Emulsotron® X -917, Drum
9000003289 Emulsotrong XA -836, Drum
9000003364 Emulsotron® XA -919, Drum
0110 9000004248 Gyptrons' T -375, Drum
0110
0054
0054
GAL
GAL
GAL
9000004355 Gas Treat® 160FB, Drum
0054
9000004367 Gas Treat 166FB,Drum
0054
0110 9000004546 Foamatrong' V -74, Bulk
0054
GAL
GAL
GAL
0110
10110
0110
9000004580 $actron® K -3.03 Ind. Antimicrobial, Pail
9000004959 Water for Blending Only
0054
0054
GAL
GAL
0110
0110
9000005014 Triethylene Glycol, Drum
0054
GAL
9000005048 Sodium Hypochlorite, 12.5%, Drum O . 0054
10054
10054
0054
0054
9000005138
0110 9000005190
1011 j D 9000005411
10110 9000005447
[0110 9000005748
(0110 9000007967
0110 9000007970
x110
Surfatron® DQ -88, Drum
Ernulsotron® X -2048, Drum
Product 1O117HF, Drum
Scortron® GR -152, Drum
GAL
GAL
GAL
GAL
GAL
Cortron R -2525, Drum
Cortrong WRN -211. Drum
Cortront WRN -348. Drum
0054
0054
(3054
GAL
GAL
1
GAL 1
9000008010 3Cortron .. WRN -388. Drum
0054
GAL
-206-
12,250.700.r:r
20.000rrir0r :
189,512.975 k C
550.000 c - . =0,-
76.000 X : •' L
715.000 T
275.000 i• .
495.000
110.000
330.000' -
0.000 r ;, -- _ - 17-J-
3;702.000
770.000
01=0
9000008906
Foamatrons' EFr -1045, Drum
0054
GAL
5.000
0110
9000008908
Diesel, Fuel 140. 2, High Sulfur, Drums ?
0054
GAL
500.000
0110
9000009113
Foamatronl' EFP -1009, Drum
0054
GAL
2,475.000
0110
9000009175
Scortrone GR-154, Drum
0054
GAL
330.000
0110
9000009276
WFoamatran° EFP -1010, Drum
0054
GAL
350.000
0110
0110
9000009279
Foamatron® EFP -1011, Drum
0054
GAL
220.000
9000009713
Gyptron ' TA -53, Drum
0054
iii e
0110
9000010626
Cortron' WRN -251, Drum
0054
. + E 0
0110
9000010630 _
Cortronal WRN -384, Drum
0054
f ' t
0110
9000011090
MEA Triazine, 75%, Bulk
0054
e F
0110
9000012049
Conroe® R -2547, Drum
0054
GAL
220090
0110
9000012494
Potassium Chloride, KCL, 2 %, Drum
0054
• s.i i
-207-
t2rr IC-
SA M
T
1C-
Cc r-r\b- - `I
c.
Code of Federal Regulations, Title 49
1 72.101 DOT Hazardous Materials Table
Flammable liquids, n.o.s.
(1) Symbols:
Flammable liquids,
(2) Hazardous materials descriptions and proper shipping names:
n.o.s.
(3) Hazard class or Divsion: 3
(4) identification Numbers: l.iN1993
(5) PG: 11
(6) Label Codes: 3
(7) Spec;al, provisions _0172 102):
(8) Packaging (§ 173. ")
(8A) Exceptions:
(88)-Ni-An bulk:
(8C) 13u ll€-
(9) Quantity (imitations (see §§ 173.27 and 175.75)
(9A) Passenger aircraft rail:
(9B) Cargo aircraft only.
(10) Vessel stowage
i A) Location:
—208—
182 , T7 , TP1 , TP8 ,
TP28
173.150
1 :73.:2O2
1- .7:242
5 L
J
60 L
r
(10B) Other:
Emergency Response Guidebook
Guide page number: 128
§173.202 Non --bulk packagings for liquid hazardous materials in
Packing Group Il.
(a) When §372.101 of this subchapter specifies that a liquid hazardous material be packaged
under this section, only non -bulk packagings prescribed in this section may be used for its
transportation. Each packaging must conform to the general packaging requirements of subpart
g of part 173, to the requirements of part 178 of this subchapter at the Packing Group I aril
performance level (unless otherwise excepted), and to the particular requirements of the special
provisions of Column 7 of the §172.101 Table.
(b) The following combination packagings are authorized:
Outer packagings:
Stee! _drum: 1 A1- or 1 A2
Aluminum drum: 1B1 or 1 B2
Metal drum other than steel or aluminum: 1N1 or 1N2
Plywood drum: 1 d
Fiber drum: 1G
Plastic drum: 1.F11 or 1H2
Wooden barrel: 2C2
Steel jerrican: 3A1 or 3A2
Plastic jerrican: 3H] or 3H2
Aluminum ierrican: 381 or 3B2
Stee' box. 4A
Aluminum box: 48
-209-
1r a
Natural wood box: 4C1 or 402
Plywood box: 4D
Reconstituted wood box: 4F
Fiberboard box: 4G
Expanded plastic box: 4 H 1
Solid plastic box: 4H2
Inner packagings:
Glass or earthenware receptacles
Plastic receptacles
Metal receptacles
Glass ampoules
(c) Except for transportation by passenger aircraft, the following single pacicagings are
authorized:
Steel.drufn: lAl or -1-A2
Aluminum drum: 1B 1 or 1 B2
Metal drum other than steel or aluminum: 1 N1 or 1N2
Plastic drum: 1H1 or lHZ
Fiber drum: 1G (with liner}
Wooden barrel: 2C1
Steel jerrica }n: 341 or 3A2
Plastic jerricar!: 31-i1 or 3H2
Aluminum jerrican: 381 or 362
Plastic receptacle in steel. akirninurn. fiber or plastic drur:: 61-{Al , 61-181, SHC1 or 6HH1
`210-
Plastic receptacle in steel, aluminum. wooden, plywood or fiberboard box• 6HA2, 6H82, 6HC.
6HD2 or 6HG2
Glass, porcelain or stoneware in steel, aluminum or fiber drum- 6PA1, 6P81 or 6PG1
Glass, porcelain or stoneware in steel, aluminum, wooden or fiberboard box: 6PA2, 6P82. 6PC
or 6PG2
Glass, porcelain or stoneware in solid or expanded plastic packaging: 6PH1 or 6PH2
Plastic receptacle in plywood drum: 6HD1
Glass, porcelain or stoneware in plywood drum or wickerwork hamper 6PD1 or 6PD2
Cylinders, specification, as prescribed for any compressed gas, except for Specifications 8 and
3HT
§172.102 Special provisions.
(c)(4) Table 1 and Table 2 -IB Codes and IP Special IBC Packing Provisions. These provisions
apply only to transportation in IBCs. When no IBC code is assigned in the §172.101 Table for a
specific proper shipping name, or in §1 73.225(e) for Type F organic peroxides, an IBC may not
be used unless authorized by the Associate Administrator. The letter "Z" shown in the marking
code for composite IBCs must be replaced with a capital code letter designation found in
§178.702(a)(2) of this subchapter to specify the material used for the outer packaging. Tables 1
and 2 follow:
[Editor's Note; The table heading and the first and second column will be revised
effective October 1, 2010.] [Change Notice] [New Text]
TABLE 1 -1B CODES (IBC CODES)
IBC Code
IB1
IB2
Authorized IBCs
Authorized IBCs: Metal (31A, 31B and 31N).
Additional Requirement Only liquids with a vapor pressure less than or
equal to 1 10 kPa at 50 °C (1 .1 bar at 122°F), or 130 kPa at 55 °C (1.3 bar
at 131 'F) are authorized.
Authorized IBCs; Metal (31 -A, 31B and 31 N3 Rigicl::p1astics (31 H 1 and
31H2.); :Composite (311-iZ1).
Additional Requirement Only liquids with a vapor pressure less than or
equal to 1 10 kPa at 50 °C (1 1 bar at 1 22 °F). or 130 kPa at 55 'C (1.3
bar at 131 'F) are authorized.
-211-
-
rlY
I.
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday, April 28, 2010
5:30 P.M.
COMMISSIONERS:
Rudy Garza, Chairman
A. Javier Huerta, Vice - Chairman
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evon J. Kelly
John Taylor
Mark Adame
Govind Nadkarni * Not present
STAFF:
Johnny Perales, P.E., Assistant City Manager,
Engineering and Development Services
Faryce Goode Macon, Assistant Director of
Development Services /Planning
Miguel S. Saldazia, AICP, Senior City Planner
Andrew Dimas, City Planner
Deborah Brown, Legal Counsel
Elena Juarez Buente]lo
CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:33 p.m.
B. ZONING
1. New Zoning
a. Case No. 0410 -03: Champion Technologies, Inc. - A change of zoning
from an "I -2" Light Industrial District to an "1 -3" Heavy Industrial
District
1.826 acre property out of STARCREST PLACE 2, Block 5, Lots 18, 19,
& 20, generally located at the northeast corner of the intersection of
Santa Elena Street and Centaurus Drive, at 350 Centaurus Dr.
Andrew Dimas, Development Services, presented the above stated case via Apple Keynote. Mr. Dimas
stated the applicant was Champion Technologies, Inc. The applicant is requesting to rezone from an
"1 -2" Light Industrial District to an "I -3" Heavy Industrial District. The idea is to permit of a non-
conforming use, specifically, installation and operation of two above ground fuel tanks, blending vessels
and storage containers pertaining to oil field specialty chemicals.
Mr. Dimas, Development Services, presented all the slides of the site maps that include: the Aerial,
Zoning, Existing Land Use, and Future Land Use.
Mr. Dimas, Development Services, stated, " The "I -2" Light Industrial District provides for light
manufacturing, fabricating, warehousing, and wholesale distributing. This district does not permit the
storage of chemicals currently being stored onsite. The "I -3" Heavy Industrial District permits industrial
operations of all types, provided that potentially hazardous industries and uses are reviewed and approved
through the Zoning Board of Adjustment.
Department Comments:
• Fire Department (Fire Marshal!):
• Application reviewed
• Each chemical classified and catalogued
• Collaboration between Fire and Applicant
• Fire raises no objections to Special Permit
-212 --
Planning Commission Minutes
May 12, 2010
Page 2
Staff Recommendations:
• Denial of the "I -3" Heavy Industrial District in lieu of approval of the "I -2" Light Industrial
District with a Special Permit far one (1) UL142 above ground fuel storage tank not to exceed
1,000 gallons, one (1) UL2085 above ground fuel storage tank not to exceed 2,000 gallons and
the use of above ground storage tanks, above ground blending vessels and storage containers for
oilfield specialty chemicals.
1. Uses: Ail uses allowed in the "I -2" Light Industrial district plus one (1) UL142 above ground
fuel storage tank not to exceed 1,000 gallons, one (1) UL2085 above ground fuel storage tank not
to exceed 2,000 gallons and the use above ground storage tanks, above ground blending vessels
and storage containers for oilfield specialty chemicals
2. Fire Department Approval: The above ground fuel tanks and above ground storage tanks, above
ground blending vessels and storage containers for oilfield specialty chemicals shall meet all Fire
Department Requirements.
3. Zoning Board of Adjustment Approval: The above ground fuel tanks and above ground storage
tanks, above ground blending vessels and storage containers for oilfield specialty chemicals will
not be allowed without zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of
the property is being used as outlined in Condition #1 and in compliance with all other conditions.
Public hearing was opened by Chairman Garza.
Matthew Trevino came forward and stated his name and stated he is the District QHSSE rep for this
Champion Technologies. Also, stated his address at 350 Sintora Street.
Matthew Trevino: They are mostly water soluble products, yes, sir.
In response to Commissioner Skrobarcryk's question, Matthew Trevino stated, perimeter of our
faCocility is contained by a 6-inch high barrier completely around and it.in the preparation of a
hurricane, we do have a Hurricane Preparedness Plan that we do follow and usually, they are pretty big
tanks. Even, it is been suggested a Category-5; we fill the tanks up all the way. In the big storage vessels
those are pretty water based chemicals. They're what we'd call industrial soap and they are mostly
water soluble products.
Commissioner Skrobarczyk, state, "In other words, because it looks a neighborhood not too far from
here, and, you know, if we were going to put something near our neighborhood that cold be extremely
catastrophic in nature and that might be part of our decision in not doing that.
Public hearing was closed.
Motion to deny was made by Commissioner Nadkarni and second by Commissioner Martinez of the
"I -3" Heavy Industrial District in lieu of approval of the "1 -2" Light Industrial District with a Special
Permit for one (1) UL142 above ground fuel storage tank not to exceed 1,000 gallons, one (1)
UL2085 above ground fuel storage tank not to exceed 2,000 gallons and the use of above ground
storage tanks, above ground blending vessels and storage containers for oilfield specialty chemicals.
—213—
Planning Commission Minutes
May 12,2010
Page 3
1. Uses: All uses allowed in the "I -2" Light Industrial district plus one (1) UL] 42 above ground
fuel storage tank not to exceed 1,000 gallons, one (1) UL2085 above ground fuel storage tank not
to exceed 2,000 gallons and the use above ground storage tanks, above ground blending vessels
and storage containers for oilfield specialty chemicals
2. Fire Department Approval: The above ground fuel tanks and above ground storage tanks, above
ground blending vessels and storage containers for oilfield specialty chemicals shalt meet all Fire
Department Requirements.
3. Zoning Board of Adjustment Approval: The above ground fuel tanks and above ground storage
tanks, above ground blending vessels and storage containers for oilfield specialty chemicals will
not be allowed without zoning Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within one year of the date of
this ordinance, unless the property is being used as outlined in Condition #1 and in
compliance with all other conditions.
Motion passed unanimously.
—214—
Page 1 of 4
ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY CHAMPION TECHNOLOGIES, INC., BY CHANGING THE ZONING
MAP IN REFERENCE TO STARCREST PLACE 2, BLOCK 5, LOTS 18,
19, & 20, FROM "1 -2" LIGHT INDUSTRIAL DISTRICT TO "1-2/SP"
LIGHT INDUSTRIAL DISTRICT WITH A SPECIAL PERMIT TO ALLOW
ONE (1) UL142 ABOVE GROUND FUEL STORAGE TANK NOT TO
EXCEED 1,000 GALLONS, ONE (1) UL2085 ABOVE GROUND FUEL
STORAGE TANK NOT TO EXCEED 2,000 GALLONS AND THE USE
OF ABOVE GROUND STORAGE TANKS, ABOVE GROUND
BLENDING VESSELS AND STORAGE CONTAINERS FOR OILFIELD
SPECIALTY CHEMICALS, SUBJECT TO A SITE PLAN AND FOUR (4)
CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO
ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING
COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Champion Technologies, Inc., 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,
April 28, 2010, during a meeting of the Planning Commission, and on Tuesday, June 8,
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 Starcrest Place 2, Block 5, Lots 18, 19, & 20,
located at the northeast corner of the intersection of Santa Elena Street and Centaurus
Drive, at 350 Centaurus Drive, from "1 -2" Light industrial District to "1 -2 /SP" Light
Industrial District with a Special Permit to allow one (1) UL 142 above ground fuel
storage tank not to exceed 1,000 gallons, one (1) UL2085 above ground fuel storage
tank not to exceed 2,000 gallons and the use of above ground storage tanks, above
ground blending vessels and storage containers for oilfield specialty chemicals, subject
to a site plan, attached as Exhibit A, and four (4) conditions. Planning Commission and
Staff recommendation attached as Exhibit B. (Zoning Map 050043)
H: 1LEG -0IR1SharedlLEGAL- DEV.SVCS12010 Agenda16- 8- 101CASE NO. 0410 -03 CHAMPION TECHNOLOGIES, INC10410-
03. Champion .Zoning.l- 2change.1-2SP. Dac
-215--
Page 2 of 4
SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to
the following four (4) conditions:
1. Uses: All uses allowed in the "1 -2" Light Industrial district plus one (1) UL142
above ground fuel storage tank not to exceed 1,000 gallons, one (1) UL2085
above ground fuel storage tank not to exceed 2,000 gallons, and the use above
ground storage tanks, above ground blending vessels and storage containers for
oilfield specialty chemicals.
2. Fire Department Approval: The above ground fuel tanks and above ground
storage tanks, above ground blending vessels and storage containers for oilfield
specialty chemicals shall meet all Fire Department Requirements.
3. Zoning Board .of Adjustment Approval: The above ground fuel tanks and
above ground storage tanks, above ground blending vessels and storage
containers for oilfield specialty chemicals will not be allowed without Zoning
Board of Adjustment approval.
4. Time Limit: Such Special Permit shall be deemed to have expired within one
year of the date of this ordinance, unless the property is being used as outlined in
Condition #1 and in compliance with all other conditions.
SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
SECTION 5. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
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
H: ILEG- DIRlShared1LEGAL- DEV.SVCS12010 Agenda16- 8- 10lCASE NO. 0410 -03 CHAMPION TECHNOLOGIES, INC10410-
03. Champion .Zoning.1- 2change.1- 2SP.Doc
-216-
Page 3 of 4
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:
, 2010
.Deborah Walther Brown -
Assistant City Attorney
For City Attorney
H: 1LEG- D1R1SharedlLEGAL- I]EV.SVCS12010 Agenda16- 8- 101CASE NO. 0410-03 CHAMPION TECHNOLOGIES, INC10410•
03. C h a m pio n , Zoni ng.I -2ch a ng e.I -25 P. Doc
—217—
Page 4of4
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: 1LEG- DIR1Shared1LEGAL- DEV.SVCS12010 Agenda16- 8- 101CASE NO. 0410-03 CHAMPION TECHNOLOGIES, INC10410-
03. Champion .ioning.1- 2change.1- 2SP.Doc
-218-
Carpus Christi Facility Site Map
}
-219 --
,$.
''.�`t�`�: �'.�d'
15
AGENDA MEMORANDUM
May 25, 2010
AGENDA ITEM:
PUBLIC HEARING — ZONING (City Council Action Date: June 8, 2010)
Case No. 0410 -04 YORKTOWN OSO JOINT VENTURE - A change of zoning from the
"F -R" Farm -Rural District and "R-1C" One Family Dwelling District to the "R-1C" One Family
Dwelling District resulting in a change of land use from farm -rural to one family dwelling use
on the property described below:
5.347 acres out of Flour Bluff and Encinal Farm and Garden Tracts, Section 25, Lots 17, 18,
31 and 32, and Rancho Vista Unit 3, Block 12, Lot 8 and a portion of Rodd Field Road and
Cattlemen Drive, generally located south of Brown Drive, west of Ft. Griffen Drive,
approximately 1,300 feet southwest of Yorktown Boulevard on the southeast side of Rodd
Field Road.
PLANNING COMMISSION AND STAFF RECOMMENDATION (April 28, 2010):
Planning Commission and Staff recommends approval of the Applicant's rezoning request for the "R -1C" One
Family Dwelling District.
REQUIRED COUNCIL ACTION:
Approval of Planning Commission and Staffs Recommendation.
STAFF SUMMARY:
Request: The applicant is requesting a change in zoning from "F -R" Farm -Rural District and "R-1C"
One - family Dwelling District to the "R-1C" One - family Dwelling District, to extend the neighboring "R-1C"
District to provide contiguity for surrounding lots and to allow for the construction of 28 single- family
residences.
Existing Land Uses: The subject property is currently vacant.
Existing Zoning: The subject property is zoned "F -R° and "R -1C ". The purpose of the "F -R" Farm -Rural
District is to allow areas inside the city to be used for agricultural purposes and to assist in the control of
scattered commercial and industrial uses of the land. The "F -R" district does not require any setbacks or limits
on height of structures, but does require all single family uses to be located on lots with a minimum of 5 acres
in size. The "F -R" District is also used as a low density holding zone upon annexation of land into the city until
infrastructure is available or planned to support higher density of development or, until a property owner
requests rezoning. A small portion of the property is also currently zoned "R -1C ", the proposed zoning (see
below).
Proposed Zoning: The applicant is requesting a change in zoning to the "R -1C" One- Family Dwelling
District. The purpose of the "R-1C" One - Family Dwelling District is to provide for single- family residential
development together with such public buildings, schools, churches, public recreational facilities and
accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is
-223-
Agenda Memo
Case No. 0410 -04 Yorktown Oso Joint Venture
Page 2
located to protect existing development of this character and contains vacant land considered appropriate for
such development in the future. Residential density is a maximum of 9.68 units per acre. The "R -1C° One -
Family District requires a minimum lot area of 4,500 square feet, with a 20 -foot front yard setback and 5 -foot
side and rear yard setbacks.
Juan Pereles, Jr. /P. E.
Assistant City Manager, Departments of Engineering and Development Services
Email: johnnypc cctexas.com
Phone: 361-826-3828
Attachments:
1. Zoning Report
2. Planning Commission Minutes
3. Ordinance (and site plan if appropriate)
—224—
CITY COUNCIL
ZONING REPORT
Case No.: 0410 -04
Planning Commission Hearing Date: April 28, 2010
Applicant & Legal
Description
Applicant: Yorktown Oso Joint Venture
Owner: Patricia Peterson Nuss, Chris Ann Peterson Brown, Randie Joseph Arenas, Janell Ang
Arenas
Representative: Urban Engineering
Address: NA
Legal Description/Location: 5.347 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 25, Lots 17, 18, 31 and 32, and Rancho Vista Unit 3, Block 12, Lot 8 and a
portion of Rodd Field Road and Cattlemen Drive, generally located south of Brown Drive, west
of Ft. Griffen Drive, approximately 1,300 feet southwest of Yorktown Boulevard on the southeast
side of Rodd Field Road.
Zoning Request
From "F -R" Farm -Rural District and "R -1C" One - family Dwelling District
To: "R- i C" One - family Dwelling District
Area: 5.347 acres.
Purpose of Request: The applicant is requesting a change in zoning from "F -R" Farm -Rural
District and "R -IC" One- family Dwelling District to the "R-1C" One - family Dwelling District, to
extend the neighboring "R-1C" District to provide contiguity for surrounding lots and to allow for
the construction of 28 single- family residences.
Zoning
Existing Land Use
Future Land Use
Site
"F -R" Farm -Rural
District/"R-1C" One - family
Dwelling District
Vacant/Low- density
Residential
Low - density Residential
North
"R-1C" One- family Dwelling
District
Vacant/Low- density
Residential
Low- density Residential
South
"F -R" Farm -Rural District
Vacant
Low- density Residential
East
"F -R" Farm -Rural District
Vacant
Low- density Residential
West
"1 -2" Light Industrial District
"1 -2" Light
IndustrialNacant
"1.2 == Light Industrial
ADP, Map &
Violations
Area Development Plan: This tract of land is located in the Southside Area Development Plan
and is planned for low- density residential uses. The proposed change in zoning is consistent with
the adopted Future Land Use Map which designates the area for low density residential uses.
Map No.: 046037
Zoning Violations: None
—225—
City Council Zoning Report
Case #: 0410 -04. Yorktown Oso Joint Venture
Page 2
Staffs Summary:
• Request: The applicant is requesting a change of zoning on 5.347 acres from the "F -'R"
Farm -Rural District and "R-1C" One - family Dwelling District to the "R-1C" One - family
Dwelling District, to extend the neighboring "R -1C" district to provide contiguity for
surrounding lots and to allow for the construction of twenty -eight (28) single - family
residence.
• Existing Land Uses: The subject property is currently vacant.
• Existing Zoning: The subject property is zoned "F -R" and "R -1C ". The purpose of the
"F -R" Farm -Rural District is to allow areas inside the city to be used for agricultural
purposes and to assist in the control of scattered commercial and industrial uses of the land.
The "F -R" district does not require any setbacks or limits on height of structures, but does
require all single family uses to be located on lots with a minimum of 5 acres in size. The
"F -R" District is also used as a low density holding zone upon annexation of land into the
city until infrastructure is available or planned to support higher density of development or,
until a property owner requests rezoning. A small portion of the property is also currently
zoned "R -]C ", the proposed zoning (see below).
• Proposed Zoning: The applicant is requesting a change in zoning to the "R -1C"
One - Family Dwelling District. The purpose of the "R-1C" One - Family Dwelling District is
to provide for single - family residential development together with such public buildings,
schools, churches, public recreational facilities and accessory uses, as may be necessary or
are normally compatible with residential surroundings. The district is located to protect
existing development of this character and contains vacant land considered appropriate for
such development in the future. Residential density is a maximum of 9.68 units per acre.
The "R -10" One - Family District requires a minimum lot area of 4,500 square feet, with a
20 -foot front yard setback and 5 -foot side and rear yard setbacks.
• Transportation and Circulation: The subject property has access to Rodd Field Road.
Currently, Rodd Field is a two lane road in a 65 foot right -of -way. The Future
Transportation Plan calls for Rodd Field to be up graded to an A3 Primary Arterial Divided
with four lanes with a center median 130 foot right- of-way.
Street R.D.W.
Street
Existing ROW
and Paved
Section
Planned ROW
and Paved
Section
Rodd Field Road
65' wide / 25'
paved, 2 -Lanes
130'16 -Lanes
Urban
Transportation
Plan Type
Traffic
Volume
2008
A3 Primary
Arterial Divided
NA
• Infrastructure Demand:
o Water: A 6 -inch water line runs along Rodd Field Road and a 6 -inch water line
runs along Cattlemen Drive.
❑ Wastewater: 8 -inch and 10 -inch lines are on the subject property.
—226—
City Council Zoning Report
Case #: 0410 -04, Yorktown Oso Joint Venture
Page 3
o Stormwater: A stormwater line is located along Ft. Griffen and Brown Drive.
❑ Gas: A gas line is available along the northern boundary of the subject property.
• Public Safety:
o Police: The subject property is served by the Corpus Christi Police Department and
is in the Directed Patrol District B10. Crime statistics up to 2005 show an increase
from 547 crimes committed in 1993, to 602 in 2005. The last year for which
statistics are available is 2005.
o Fire: The closest Fire Station is number 17, located at 6641 Yorktown Boulevard,
approximately 3,560 feet from the subject property.
• Environmental Constraints:
❑ FEMA Flood Zone: Subject property is in FEMA flood zones B & C. Flood
zone B is an area of minimal flooding while flood zone
C is an area of moderate flooding
o Soil Type:
o 64.7% (Ba) "Edroy Clay"
• Slope: 0 to 1 percent
• Drainage class: Poorly Drained
• Depth to water table: About 0 inches
• Frequency offloading: None
• Frequency of ponding: Occasional
• Available water capacity: Moderate (about 7.7 inches)
o
35.3% (VcA) "Victoria clay"
• Slope: 0 to 1 percent
• Drainage class: Well drained
• Depth to water table: More than 80 inches
• Frequency offloading: None
• Frequency of ponding: None
• Available water capacity: Moderate (about 6.9 inches)
o Wetlands: None
a Flight Zone: None
• Relationship to Smart Growth (See Attachment 7, Principles of Smart Growth):
Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating
the rezoning a 41 on a scale of ] 00 points.
Smart Growth Principles which relate to the requested rezoning include:
o Mixed land uses (3 points)
o Takes advantage of compact building design (2 points)
o Creates walkable neighborhoods (3 points)
-227-
City Council Zoning Report
Case 4: 0410 -04, Yorktown Oso Joint Venture
Page 4
o Fosters distinctive, attractive communities with a strong sense of place (2 points)
a Strengthens and directs development toward existing communities (15 points)
a Provides a variety of transportation choices (6 points)
o Makes development decisions predictable, fair and cost effective (10 points)
• Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the
subject property for low density residential use; therefore the proposed "R -1C" One- family
Dwelling District is consistent with the City's Comprehensive Plan. In addition to the
Future Land Use Plan, policies from the Corpus Christi Policy Statements and the Area
Development Plans are provided below.
• CORPUS CHRISTI POLICY STATEMENTS:
ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA
DEVELOPMENT PLANS.
The City Council adopted area development plans shall be used as a guideline for zone changes
and subdivision development decisions. In addition, the area development plans will provide a
legal foundation upon which the City council and the Planning Commission should base their
land development decisions. However, area development plans should be flexible and are subject
to revisions if conditions have changed since approval of an area development plan and/or if the
proposed changes are consistent with the adopted Comprehensive Policy Statements.
Staff Comment: The Southside Area Development plans calls for future land use of the
property to be low density residential therefore, rezoning of the property adheres to City
Council adopted Southside Area Development Plan.
RECOGNIZING THE CITY'S FINANCIAL LIMITATIONS, NEW DEVELOPMENT
SHOULD OCCUR IN A PATTERN WHICH IS COST EFFECTIVE.
The City should encourage new development where services can be provided economically and
wherever, possible; promote contiguous development. City ordinances should be reviewed
periodically to ensure they are consistent with this policy. Ordinances should allow state of the
art land planning techniques to make available various densities and funding techniques while
maintaining an attractive living environment.
Staff Comment: Contiguity of adjacent low density residential development can be provided
through new development through the rezoning process.
HOUSING PLAN
b. THE HOUSING AND POPULATION DENSITY OF THE CITY SHOULD RESPOND
TO CHANGING MARKET TRENDS, CONSUMER PREFERENCES, ECONOMIC
REALITIES, AND DESIGN TECHNOLOGY.
Density limits should be based on consumer preferences and current market conditions to
provide tomorrow's renters and buyers the opportunity to have the housing of their choice.
All ordinances and codes should be reviewed periodically to insure that they continue to meet
the housing needs of today's market. Ranges of densities improve the affordability of
-228-
City Council Zoning Report
Case #: 0410 -04. Yorktown Oso Joint Venture
Page 5
housing, increase the cost effectiveness of services, and offer citizens the quality of life
desired.
Staff Comment: The surrounding zoning and developed residential properties are
developed under the existing "R-1C" (One - Family Dwelling) District standards, including
the 20 foot front yard setbacks; rezoning the remaining properties to the "R -IC" (One -
Family Dwelling) District standards would provide contiguity in the lot design and setbacks
within the existing neighborhood
AREA DEVELOPMENT PLAN (ADP) CONSISTENCY: "Southside" ADP
The Southside Area Development Plan designates the subject property area as planned for
Low - density Residential uses, and the proposed rezoning does not conflict with any of the
remaining policies for that Plan; therefore, the proposed rezoning is consistent with the
Southside Area Development Plan.
Plat Status:
The subject property is not platted.
Planning Commission and Staff Recommendation:
Approval of the "R -1 C" One- family Dwelling District
Number of Notices Mailed Total — 47 within 200 foot notification area; 3 outside notification
area
Favor — 4 (inside notification area); 0 (outside notification area)
Opposition — 0 (inside notification area); 0 (outside notification area)
(As of April 23, 2010)
Attachments: 1. Site - 2009 Aerial
2a. Neighborhood — Existing Land Use
2b. Site — Existing Land Use
3. Site — Future Land Use
4. Site — Existing Zoning, Notice Area & Ownership
5. Comments received from Public Notices mailed
6. Notice Mailing List
7. Smart Growth Principles
—229—
CASE: 0410 -04
1. SITE- 2009 AERIAL
/f.
SuYec4
Properly
Refer to Map 2 for NetiAborheod
Existing Land Use 450 evarlatsie
www cotexas. crop
1
CASE: 0410-04
2.a. NEIGHBORHOOD - EXISTING LAND USE
Estate Resrilerrtial -ER
Low Density Res. - I.OR EZ
NM Density Res. - NM =
lion Densrly Res. -HDR Ell
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-233-
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CASE: 0410.04
2.b. SITE EXISTING LAND USE
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tigh Density Res. -HDR
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CASE: 0410 -04
3. SITE- FUTURE LAND USE
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VAC
Transportation Plat
ErPressways V,eUI
•••• Arterial ._.�.
•—• Collectors •-
s = -:.. Pf#way
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Map Scale: 1:2,400
—237—
SUBJECT
PROPERTY F
LAURELAS �R
CASE: 0410 -04
4. SITE - EXISTING ZONING.
NOTICE AREA & OWNERSHIP
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-239-
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No: 0410 -04
Name: Yorktown Oso Joint Venture
1. 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:
54
0
Favor: 5
Opposition: 0
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:1PLN- DIRISHAREDII . Planning Commissionl2009 PC12009 Public Comments11209- 04.doc
—241—
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—242—
SMART GROWTH COMPARISON: ATTACHMENT 7
Polices listed below are taken from "Getting to Smart Growth 11: 100 More Policies for implementation° provided by the Smart Growth Network.
These policies are intended to offer an alternative approach to development and should not be viewed as development mandates. Although
encouraged based on their ability to improve the city's function and livability, these policies are in no way meant to serve as additional
development requirements or regulations. Smart Growth policies for Corpus Christi merely offer viable development options capable of effectively
supporting- economic development and jobs; creating strong neighborhoods with a range of housing, commercial, and traffic calming options for
increasing populations and growth; and achieving healthy communities that provide families with a clean environment.
Zoning Case:0410 -04
From: "F -R" Farm -Rural District and "R-IC" One- family Dwelling district
To "R -IC" One- Family Dwelling District
Will the request promote development that fosters the following?
Answer
Pts.
Weight
Score
1. Mix land uses.
3
Project provides a new type of development to an existing neighborhood such as
3 uses added
3
employment, housing, retail, civic, educational, cultural, recreation, neighborhood-
2 uses added
2
serving retaillservice?
1 use added
1
x 3
3
Reuses closed, decommissioned, or obsolete institutional uses?
Yes
1
No
0
x 2
0
Project is mixed use (any combination of housing, retail, office, commercial, public
4 + uses
3
0
buildings, etc.)
3 + uses
2
x2
2 + uses
1
2. Takes advantage of compact building design.
2
Utilizes reduced setbacks and/or compact development that supports more stores
1
and restaurants within a neighborhood boundary, or creates opportunities to pursue
Yes
0
x 3
a range of activities in a small area?
No
0
Manages and effectively provides a transition between higher and lower- density
Yes
1
neighborhoods?
No
0
x 2
2
3. Creates a range of housing opportunities and choices.
0
Implements a range of housing options with a variety of types and unit sizes within
Yes
1
the community? (condos, townhomes, single- family, apartments)
No
0
x 3
0
Utilizes private and public property tax exemption programs or local, state, or
federal funding incentives for mixed - income developments and/or low- income
homeowners and individuals to reduce building costs and uses available resources
Yes
No
1
0
x 3
more effectively?
0
The project promotes development (residential, commercial, office) with a wide
Yes
1
range in pricing available for varying income levels for sale or lease?
No
0
x 3
0
4. Creates walkable neighborhoods.
3
Promotes development close to schools, corner stores, dry cleaners, restaurants, and
other services that promotes walkable communities and reduces long - distance
Yes
1
0
x 3
commutes?
No
0
Will incorporate sidewalks or a bike or pedestrian path into the final development
Yes
1
or connects to existing sidewalks?
No
0
x 3
3
Promotes development so children are close enough to walk to school?
Yes
1
No
0
x 2
0
5. Fosters distinctive, attractive communities with a strong sense of
place.
2
The building is an existing building that is historic in any way, or provides focus on
Yes
1
a historical, cultural, or natural attributes?
No
0
x 2
0
Utilizes established standards for building size, density, and architectural standards
and locates development in areas that reflect the "vision" of the Area Development
Yes
1
x 2
Plan, the Future Land Use Map, and/or Comprehensive Plan?
No
0
2
Promotes shopping and makes retail centers distinctive and attractive destinations
Yes
1
and gathering places where residents frequent on the weekends?
No
0
x 3
0
Revitalizes the waterfront, beach, or bay areas?
Yes
1
No
0
x 3
0
Does the project remove blight from its neighborhood?
Yes
1
No
0 x3
0
—243—
6. Preserves open space, farmland, natural beauty, and critical
environmental areas.
0
Preserves critical areas for water - quality protection including wetlands, riparian
corridors, floodplains, and retains or creates buffer zones surrounding these areas;
utilizes land management techniques, to decrease the amount of pollution entering
Yes
No
1
0
x 4
the water system and preserve wildlife habitats?
0
Does the project implement green building techniques or standards for reducing
Yes
1
environmental impacts?
No
0
x 3
0
Supports tree preservation onsite and/or provides adequate tree landscaping (at a
Yes
1
minimum) to replace trees being removed?
No
0
x 3
0
Provides community green open space or includes useable green space for outdoor
recreation and preserves views of scenic, historic or cultural areas?
Yes
No
1
0
x 3
0
Does it avoid the acquisition and change in use of operating farms or prime
Yes
1
farmland?
No
0
x 2
0
7. Strengthens and directs development toward existing communities.
15
Is the project located adjacent to existing infrastructure; roads, water, sewer?
Existing
3
Service is;
Less than 1/4
rni]e
2
x 4
'/4 to '/z mile
]
'/z + miles
0
12
Is the availability of existing public services, such as police, fire, schools and
Yes
1
health, sufficient to serve the project?
No
0
x 3
3
Is the project a redevelopment of an existing building or brownfield area that would
Yes
1
make the property a productive piece of land?
x 3
No
0
0
Will the project encourage commercial and retail investment in underserved
Yes
1
communities?
No
0
x 3
0
Does the project enhance the use of existing public outdoor recreation facilities or
Yes
1
areas, such as parks, fishing piers, boat storage areas, or rental equipment?
No
0
x 2
0
Is the project in an area with declining school enrolment that threatens its
neighborhood schools with closure or support residential use in areas with
Yes
1
x 2
historically declining school enrollment?
No
0
0
8. Provides a variety of transportation choices.
6
The proposed project is accessible by multiple modes of transportation (auto, bus,
rail, biking, walking)?
3 modes
2 modes
2
1
x 3
3
The project within walking distance to public transit? (Within 1,000 ft)
Yes
1
No
0
x3
0
9. Makes development decisions predictable, fair and cost effective.
10
Yes
1
The 'ro'ect is consistent with -the Future Land Use Ma, and Com irehensive Plan?
No
0
x 2
2
The project is consistent with the Area Development Plan?
Yes
1
No
0
x
2
Is the proposed project located along transportation corridors where traffic is
funneled to right -of -ways capable of handling the increased traffic without
significantly decreasing the transportation levels of service for surrounding areas?
Yes
x 3
3
Will the project design incorporate systems for reducing storm water runoff or
Yes
1
provide onsite retention?
No
0
x 3
3
Does project contribute to the economic vitality and diversity of the community or
propose commercial or industrial development in areas with high unemployment or
Yes
1
x 3
0
chronic poverty?
No
0
Point Grading System: Smart Growth Rating Total Points
41
0 -20 pts = * 21 -39 pts.= ** ® 40 -59 pts = * * *
60 -79 pts = * * * * n 80 -100 pts = *****
-244-
I.
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday, April 28, 2010
5 :30 P.M.
COMMISSIONERS:
Rudy Garza, Chairman
A. Javier Huerta, Vice - Chairman
James Skrobarczyk
John C. Tamez
Johnny R. Martinez
Evan J. Kelly
John Taylor
Mark Adame
Govind Nadkarni * Not present
STAFF:
Johnny Perales, P.E., Assistant City Manager,
Engineering and Development Services
Faryce Goode Macon, Assistant Director of
Development Services/Planning
Miguel S. Saldana, AICP, Senior City Planner
Andrew Dimas, City Planner
Deborah Brown, Legal Counsel
Elena Juarez Buentello
CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:33 p.m.
B. ZONING
b. Case No. 0410 -04: Yorktown Oso Joint Venture - "F -R" Farm Rural
District and "R -1 C" One Family Dwelling District to the "R-1C" One
Family Dwelling District
5.347 acres out of FLOUR BLUFF AND ENCINAL FARM AND
GARDEN TRACTS, Section 25, Lots 17, 18, 31, and 32, and RANCHO
VISTA UNIT 3, Block 12, Lot 8, and a portion of Rodd Field Road and
Cattlemen Drive, generally located south of Brown Drive, west of Ft.
Griffen Drive, approximately 1,300 feet southwest of Yorktown
Boulevard on the southeast side of Rodd Field Road.
Andrew Dimas, Development Services, presented the above stated case via Apple Keynote. Mr. Dimas
stated the applicant is Yorktown Oso Joint Venture. The applicant is requesting a change in zoning to
extend the neighboring "R-1C" District to provide contiguity for surrounding lots and to allow for the
construction of twenty -eight (28) single- family residence.
Mr. Dimas, Development Services, showed and explained all the slides of the site maps that include: the
Aerial, Zoning, Existing Land Use, and Future Land Use.
The F -R" Farm Rural Light District allows areas inside the city to be used for agricultural purposes and to
assist in the control of scattered commercial and industrial uses of the land. The "F -R" district does not
require any setbacks or limits on height of structures, but does require all single family uses to be located
on lots with a minimum of 5 acres in size.
The "R -1 C" One - Family Dwelling District allows for single - family residential development together with
such public buildings, schools, churches, public recreational facilities and accessory uses. as may be
necessary or are normally compatible with residential surroundings. Residential density is a maximum of
9.68 units per acre. The "R -1C" One - Family District requires a minimum lot area of 4,500 square feet,
with a 20 -foot front yard setback and 5 -foot side and rear yard setbacks.
Staff recommends approval of the change of zoning request to the "R -1 C" One Family Dwelling District.
—245—
Planning Commission Minutes
May 12, 2010
Page 2
Commissioner Skrobarczyk: Your future land use map is showing... and I guess this was prior to maybe,
the development of that but that existing parts of the subdivision are still low density residential area;
that whole area was expected to be low density residential, which is, what, 1 -acre and up?
Andrew Dimas: No, it going to be residential.
Commissioner Skrobarczyk: Because it does say "low density residential"
Andrew Dimas: Which means single family.
Commissioner Skrobarczyk: 1 acre or larger. My comment was going to be that that whole area is
probably going to be more R -] C rather than 1 -acre or bigger and I just wanted to make sure we weren't
going to have this battle over- and -over again, just trying to do that... yeah, okay. Thanks.
Public hearing was opened by Charman Garza.
Chip Urban came forward stated his name and address at 2725 Swantner. Mr. Urban stated, "I'm here
representing the developer, which is Yorktown OSO Joint Venture. I think Andrew did a good job on
covering it, so if you have any questions I will be happy to answer them for you."
No questions were asked by Commissioners. Public hearing was closed.
Motion to approve the "R -1C" One Family Dwelling District was made by Commissioner Tamez and
seconded by Commissioner Nadkarni. Motion passed unanimously.
-246-
Page 1 of 3
ORDINANCE
AMENDING THE ZONING ORDINANCE, UPON APPLICATION
BY YORKTOWN OSO JOINT VENTURE, BY CHANGING THE ZONING
MAP IN REFERENCE TO 5.347 ACRES OUT OF FLOUR BLUFF AND
ENCINAL FARM AND GARDEN TRACTS, SECTION 25, Lots 17, 18,
31, and 32, AND RANCHO VISTA UNIT 3, BLOCK 12, LOT 8, AND A
PORTION OF RODD FIELD ROAD AND CATTLEMEN DRIVE, FROM
"F -R" FARM RURAL DISTRICT TO "R -1C" ONE FAMILY DWELLING
DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT
FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE
PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY;
PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
WHEREAS, the Planning Commission has forwarded to the City Council its reports and
recommendations concerning the application of Yorktown Oso Joint Venture, 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,
April 28, 2010, during a meeting of the Planning Commission, and on Tuesday, June 8,
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 5.347acres out of Flour Bluff and Encinal Farm
and Garden Tracts, Section 25, Lots 17, 18, 31, and 32 and Rancho Vista Unit 3, Block
12, Lot 8 and A Portion of Rodd Field Road and Cattlemen Drive located south of
Brown Drive, west of Ft. Gill-fen Drive, approximately 1,300 feet southwest of Yorktown
Boulevard on the southeast side of Rodd Field Road from "F -R" Farm Rural District to
"R-1C" One Family Dwelling District. (Zoning Map 046037) (Exhibit A)
SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is
amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this
ordinance.
SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi,
Texas, approved on the 27th day of August, 1937, as amended from time to time,
except as changed by this ordinance and any other ordinances adopted on this date,
remain in full force and effect.
H:1 LEG- DIR\Shared1LEGAL- DEV.SVCS12010 Agenda16- 8.10lCASE NO. 0410 -D4 YORKTOWN OSO JOINT VENTURE10410-
04.Yorktown Oso Joint Venture Zoning.F- R.change.R -1 C.doc
-247-
Page 2 of 3
SECTION 4. That to the extent that this amendment to the Zoning Ordinance
represents a deviation from the Comprehensive Plan, the Comprehensive Plan is
amended to conform to the Zoning Ordinance, as amended by this ordinance.
SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance
are hereby expressly repealed.
SECTION 6. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 35 -3 of the Zoning
Ordinance of the City of Corpus Christi.
SECTION 7. That publication shall be made in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 8. That upon written request of the Mayor or five Council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends the Charter rule as to consideration and voting upon ordinances at two
regular meetings so that this ordinance is passed upon first reading as an emergency
measure on this day of , 2010.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Joe Adame
City Secretary Mayor, City of Corpus Christi
APPROVED: • 201 a
_.Deborah Walther Brown
Assistant City Attorney
For City Attorney
R:ILEG- DIRLShared \LEGAL- DEV.SVCS12o10 Agenda16- 8- 101CASE NO. 0410 -04 YORKTOWN 050 JOINT VENTURE10414-
04 "Yorktown Oso Joint Venture Zoning.F- R.change.R -1 C.doc
Page 3of3
Corpus Christi, Texas
day of , 2010
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings. Uwe, 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:1 LEG- DIR16haredlLEGAL- DEV.SVCS12010 Agenda16- 8-101CASE NO. 0410-04 YORKTOWN OSO JOINT VENTl1RE10414-
04.Yorktown Oso Joint Venture Zoning.F - R.change.R -1 C.doc
-249-
16
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 0610812010
AGENDA ITEM: Public Hearing on the FY 2011 Budget adopted by the Crime Control and
Prevention District Board of Directors.
CITY STAFF available to answer questions
Name Title Dept/Division
1. D. Troy Riggs Chief of Police Police
2. Pat P.Eldridge Police Administration Manager Police
3. Eddie Houlihan Director Mgt and Budget
OUTSIDE INDIVIDUALS available to answer questions
Name Title/Position
1. Susie Luna Saldana President
Organization
Crime Control Board
ISSUE: By State statute, the City Council is required to hold a public hearing on the Crime
Control and Prevention District adopted FY 2011 budget no later than the 45m day before the
fiscal year begins.
REQUIRED COUNCIL ACTION: : The Board of Directors of the Crime Control and Prevention
District held a public hearing on April 21 and adopted the budget the same day. The public
hearing by the City Council was advertised in the Corpus Christi Caller Times on May 28 as
required 10 days before the public hearing. The City Council must approve or reject the budget
no later than the 30th day before the fiscal year begins (scheduled for June 15, 2010).
Attachments:
Adopted Budget(Under separate cover)
-253-
D. Troy Riggs
Chief of Police
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FY 2010/2011 Budget
■ Total Expenditures $5,235,088
— 0% pay increase for sworn and civilian
• Total Revenue $5,074,881
— 3% projected growth Aug -July
— Additional 1.1% projected growth beginning Nov
with the expanded sales tax
■ All programs fully funded
■ Ending fund balance $1,820,392
4
17
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
SUBJECT: Greenwood Library Remodeling and Improvements (BOND ISSUE 2008)
Project No. 43771 CEP No. PF 05
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Solka Nava Torno Architects, of Cprpus Christi,
Texas, in the amount of $199,550 for design, bid, construction phase and additional
services for the Greenwood Library Remodeling and Improvements project. (BOND ISSUE
2008)
ISSUE: This project was approved on November 4, 2008 in the Bond Issue 2008 Package
under Proposition No. 5 Public Facilities improvements. This project will include several
improvements to the Greenwood Library, which was constructed in 1966. An addition to the
library was constructed in 1991 but it did not renovate the entire facility. This Bond Issue
2008 project consists of demolition and replacement of existing steel and glass window
walls and storefront units with a stucco structure; re- roofing the entire facility and adding a
new dehumidification system; and resurfacing and repairing the existing driveways and
parking areas. The proposed contract is for design, bid, construction and additional phase
services for this project.
FUNDING: Funding for the design contract is available from the FY 2010 Public Facilities
Capital Improvement Budget. Additional funding in the amount of $50,000 will be available
in August 2010 when the FY 2010 Community Development Block Grant program will take
effect. Also, there is $101,000 available from private donations that will be used to
establish a state -of -the art children's area for the Greenwood Library.
RECOMMENDATION: Staff recommends approval of the motion as presented.
/id it, r
Herb Canales Pete Anaya, P.E.
Director of Libraries Director of Engineering Services
361/826-7070 3611826 -3781
herbcftectexas.com petean @cctexas.corn
Additional
Exhibit "A"
Exhibit "B"
Exhibit "C"
Exhibit "D"
Exhibit "E"
Exhibit "F"
Support Material:
Background Information
Prior Project Actions
Contract Summary
Project Budget
Location Map
Powerpoint Presentation
H;1HOMBReehelieIGEHVPubliC Faplgies14377 -Green ood Ubrary RernodelingWgenda H1ema.doC
—259--
AGENDA BACKGROUND INFORMATION
SUBJECT: Greenwood Library Remodeling and Improvements (BOND ISSUE 2008)
Project No. 43771 CIP No. PF 05
PROJECT DESCRIPTION: This project will include demolition and replacement of existing
steel and glass window walls and storefront units with a stucco structure; re- roofing the
entire facility and adding a new dehumidification system; and resurfacing and repairing the
existing driveways and parking areas. The remodeled facility will be used by residents in
the area and students from the surrounding schools.
CONTRACT DESCRIPTION: The consultant, Solka Nava Torno Architects, will provide
professional services for the coordination with City staff for preliminary design, design,
bidding and construction phases described further below:
The preliminary phase will include developing a study and report of the project scope with
economic and technical evaluation of alternatives, and upon approval, proceed with an
Engineering Letter Report which includes preliminary designs, drawings, and written
description of the project. The design phase will implement the preliminary phase
recommendations and prepare the construction plans and specifications, final cost
estimates, and permit applications. The bid phase services will include coordinating and
participating in the pre -bid meeting, addendums, bid opening and award recommendations.
The construction phase includes construction administrative support with periodic site
reviews, meetings, contractor and testing submittal reviews, general correspondence, and
participation in the final inspection/warranty period. Additional services include permit
preparation, topographic surveys, construction observation services, public art
design /coordination, and windstorm certification.
In addition to the Bond Issue 2008 prescribed improvements, City staff and the consultant
are recommending several improvements to the Greenwood Library which will be
implemented to the extent that the project budget will allow. These may include specific
architectural, civil, structural, electrical and HVAC improvements. The fee for this proposed
contract with Solka Nava Torno Architects in the amount of $199,550 includes the design
for those improvements. The bid package will be developed with additive alternates to
accommodate the requested improvements.
The funding for the additional improvements will come from the FY 2010 Community
Development Block Grant program ($50,000) and private donations. The Corpus Christi
Public Library Foundation is raising additional funds for the children's area at Greenwood
Library. Thus far $51,000 has been received and an additional $50,000 has been
committed. The Foundation and Library staff are preparing other grant applications. The
goal is to establish a state -of -the art children's area for the Greenwood Library service
area.
CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ".
H'WOMEIRache11e1GEMPubltc Facil ties‘4377- Greenwood Library RemodebrgVHaenda Background.doc
—260—
EXHIBIT "A"
Page 1 of 2
PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2008. The November 4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
The original Greenwood Library was constructed in 1966 and the parking lot and driveways
were reconfigured in 1974 with the construction of the City /County Health Department
building on the adjacent property. The HVAC cooling tower was replaced with a chilled
water condensing unit in 1982, but the air handier and controls system are the original units
from 1966. There was a library addition constructed in 1991 which renovated portions of
the facility.
EXHIBIT "A"
Page 2 of 2
HAHWNE1RabballelGENIPuhlic Faciiili65■4377- Greernwood Library RemodefingWgenda Bac grouxW.doc
—261—
PRIOR PROJECT ACTIONS
SUBJECT: Greenwood Library Remodeling and Improvements (BOND ISSUE 2008)
Project No._4377 ! CIP No. PF 05
PRIOR COUNCIL ACTION:
1. November 13, 2008 — Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3, December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
PRIOR ADMINISTRATIVE ACTION:
1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 Iocal 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 Iocal and 120 non -
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
4. March 4, 2010 — Administrative approval of a Small NE Agreement for
Architect/Engineer Consultant Services with Freese and Nichols, Inc. in the amount of
$9,722 for the Greenwood Library Remodeling and Improvements — Structural
Assessment.
H:VFiOMEIRache11e1GEMPubli: Fadiities14377- Greenwooct Library RemodehngiP25 djed Adlorts.doc
EXHIBIT "B"
Page 1 of 1
CONTRACT SUMMARY
1. SUBJECT: Greenwood Library Remodeling and Improvements
(BOND ISSUE 2008) Project No. 43771 CIP No. PF 05
This project will include demolition and replacement of existing steel and glass window
walls and storefront units with a stucco structure; re- roofing the entire facility and adding a
new dehumidification system; and resurfacing and repairing the existing driveways and
parking areas. The remodeled facility will be used by residents in the area and students
from the surrounding schools.
In addition to the Bond issue 2008 prescribed improvements, City staff and the consultant
are recommending several improvements to the Greenwood Library which will be
implemented to the extent that the project budget will allow.
2. SCOPE OF SERVICES
The NE hereby agrees, at its own expense, to perform professional services necessary to
review and prepare plans, specifications, and bid and contract documents. In addition, A/E
will provide monthly status updates (project progress or delays, gantt charts presented with
monthly invoices) and provide contract administration services, as described in Exhibit "A"
and "A-1", to complete the project.
3. SCHEDULE
DAY
DATE
ACTIVITY
Work Days
Wednesday
June 9, 2010
Begin Preliminary Phase
Thursday
July 15, 2010
Interim (30 %) Submittal
27
Wednesday
July 28, 2010
City Review
10
Thursday
September 9, 2010
Interim (60 %) Submittal
32
Wednesday
September 22, 2010
City Review
10
Thursday
October 21, 2010
Pre -Final (90 %) Submittal
22
Wednesday
November 3, 2010
City Review
10
Thursday
November 18, 2010
Pre -Final (100°% Submittal
12
Wednesday
December 1, 2010
City Review
10
Thursday
December 16, 2010
Final Submittal
12
Monday
January 10, 2011
Advertise for Bids
18
Monday
January 17, 2011
Advertise for Bids
6
Thursday
; January 20, 2011
Pre -Bid Conference
4
Wednesday
I January 26, 2011
Receive Bids
5
Tuesday
February 8, 2011
Council Award
10
Tuesday
February 22, 2011
Notice to Proceed
11
Calendar Days
Friday
October 28, 2011
Construction Completion
248
Ii:lliOMESRaohe31e1GEN Puhlic Facililes14377- Greenwood Library Remodehng\Conveu Summary.doc
—263—
4. FEES
Sum
nary vi reel — Greenwooa Library Remodeling and Improvement
I
TOTAL
BASIC SERVICES
1
Preliminary Phase
$32,456.00
2
Design Phase
67,985.00
3
Bid Phase
7,235.00
4
Construction Phase
28,145.00
Subtotal Basic Services
$135,821.00
i
ADDITIONAL SERVICES
1
Permit Preparation
a. TDLR Review (ADA Compliance) $1,240.00
b. City Building Permit $2,120.00
Subtotal Permit Preparation (Authorized)
$3,360.00
2
Topographic Survey (Authorized)
5,370.00
3
Environmental Issues (Authorized)
1,050.00
•4 Construction Observation Services
31,150.00
5
Renderings (3 maximum) ( Authorized)
5,710.00
6
Public Art Deisgn /Coordination (Authorized)
2,400.00
7
Coordination Fee: Furniture, Fixtures & Equipment
(Authorized)
2,730.00
8
Basic Commissioning Services (Authorized)
2,253.00
9
Windstorm Certification
7,856.00
10
Warranty Phase (Authorized)
1,850.00
Subtotal Additional Services
$63,729.00
TOTAL FEE
$199,550.00
(4377)
The estimated cost of construction of the Greenwood Library Remodeling and Improvements is
$11,320,800. The total basic services fee proposal for this project is $135,821. Therefore, the
percentage of design cost to construction cost is 10.3 %.
H: HOME1Raere14e1GEN1Publrc Facililies14377- Greerrwopd Library RernodelinglConlracl Surnmary.doc
-264-
PROJECT BUDGET
GREENWOOD LIBRARY REMODELING AND IMPROVEMENTS
BOND ISSUE 2008
Project No. 4377
June 8, 2010
FUNDS AVAILABLE:
Bond Issue 2008 $1,500,000
Private Donations $101,000
Community Development Block Grant FY 2010 $50,000
TOTAL... $1,651000
FUNDS REQUIRED:
Construction (Contractor to be determined) $1,200,727
Contingencies $120,073
Consultant Fees:
Consultant - (Freese and Nichols, Inc.) $9,722
Consultant - (Solka Nava Torno Architects) $199,550
Testing - (Geotechincal & Material Testing) $19,812
Reimbursements:
Contract Adminstration (Contract Preparation /Award /Admin) $29,718
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $46,228
Finance Issuance $16,510
Misc. (Printing, Advertising, etc.) $6,604
TOTAL $1,648,944
FUNDS REMAINING: $2,056
EXHIBIT "D"
Page 1 of 1
—265—
File : \ Mproject \councilexhibits\exh4377.dwg
WI'. S
CORPUS
B.ay
HNY 44
CORPUS
CHR15TI
R4 TERN/.TIDM.
AIRPORT
LOCATION MAP
NOT TO SC4LE
PROJECT LOCATION
Greenwood Library
PROJECT SITE
Greenwood Library
FIRE
STATION
PROJECT #4377
VICINITY MAP
NOT TO SCALE
EXHIBIT "E'
GREENWOOD LIBRARY REMODELING
AND IMPROVEMENTS
-266-
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 05 -28 -2010
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AGENDA MEMORANDUM
Citv Council Action Date: June 8, 2010
SUBJECT: Street Overlays Group 2 (BOND ISSUE 2008)
Project No. 64801 CIP No: ST 31
CHANGE ORDER NO.4
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change
Order No. 4 to the construction contract with Haas Anderson Construction, Ltd., of Corpus
Christi, Texas in the amount of $160,887.56, for a total restated fee of $1,793,608.17 for
Street Overlays Group 2 for the full depth repair for Wooldridge Road and Flato Road.
(BOND ISSUE 2008)
ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package
under Proposition No. 1 Street Improvements. This change order is necessary in order to
provide a full depth repair due to unforeseen soil conditions found during proof rolling
operations for Wooldridge Road in the amount of $104,331.70 and Flato Road in the
amount of $59,319.46. This change order will also deduct $2,763.60 for bid item E -7
HMAC Overlay (2.5') from the construction contract.
FUNDING: Funding is available from Street Capital Improvement Budget FY 2010.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Pete Anaya, P.E.
Director of Engineering Services
361- 826 -3781
petean @cctexas.com
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Prior Project Actions
Exhibit "C" Change Order Summary
Exhibit "ID" Project Budget
Exhibit "E" Location Map
H:{HOME1Kefiy01GENISTREETS16475 end 6480- Street Overlays- Groups 1 & 2 B NO 20061Construction\Cl ange Order Na. 4- Group 212 AGENDA MEMO.doc
AGENDA BACKGROUND INFORMATION
SUBJECT: Street Overlays Group 2 (BOND ISSUE 2008)
Project No. 6480 / CIP No: ST 31
CHANGE ORDER NO. 4
CHANGE ORDER NO. 4 DESCRIPTION: The proposed Change Order No. 4 for Street
Overlays Group 2 provides for a full depth repair due to unforeseen soil conditions found during
proof rolling operations for Wooldridge Road in the amount of $104,331.70 and Flato Road in the
amount of $59,319.46. This change order will also deduct $2,763.60 for bid item E -7 HMAC
Overlay (2.5 ") from the construction contract.
PROJECT DESCRIPTION: The project consists of asphalt overlays on portions of several City
streets. The streets will be in two groups:
Group 1 includes the following streets:
• Agnes from Crosstown to Port Avenue
• Laredo from Crosstown to Agnes
• Wood River from FM 624 to Guadalupe
• Wood River from Guadalupe to Beal
• Horne from Port Avenue to Greenwood
• Tarlton Street from Ayers to Crosstown
• Kostoryz from SPID to Holly
The project base bid for Group 1 will include 62,960 sq. yds. pavement milling, 5,290 sq. yds. of
full depth pavement repair, 25,640 sq. yds. geogrid reinforcement, 25,640 sq. yds. high strength
base, 78,285 sq. yds. seal coat, 78,285 sq. yds. hot -mix asphalt concrete pavement, 126 each
valve adjustments, 94 each manhole adjustments, 6,080 In. ft. of curb replacement, 6,975 sq. ft.
ADA compliant curb ramps, 77,640 In. ft of pavement striping and all associated traffic control
measures in accordance with the plans, specifications and contract documents.
Group 2 includes the following streets:
• Glen Oak from Flour Bluff Drive to Waldron
• Hustlin' Hornet from Debra to Laguna Shores
• Whitecap from Park Road 22 to Gulf of Mexico
• Flato Road from Bear Lane to Bates
• Wooldridge Road from Quebec to Oso Parkway
• Yorktown from Waldron to Laguna Shores
The project base bid for Group 2 will include 68,715 sq. yds. of pavement milling, 2,900 sq. yds.
of full depth pavement repair, 15,650 sq. yds. of pavement reclamation with cement treatment,
73,865 sq .yds. seal coat, 73,865 sq. yds. hot -mix asphalt concrete pavement, 17 each valve
adjustments, 11 each manhole adjustments, 29,000 sq. ft. of removal of existing brick walkway,
29,000 sq. ft. of stamped concrete sidewalk, 2,050 In. ft. of TxDOT -style metal beam guard
fence, 450 sq. yds. high strength base, 850 sq. ft. ADA compliant curb ramps, 76,010 in. ft. of
pavement striping and all associated traffic control measures in accordance with the plans,
specifications and contract documents.
CONTRACT TERMS: The construction contract is increased by $160,887.56; all other provisions
EXHIBIT "A"
f2
�rr�� Page 1 of 2
H:WORIEH(eliyOlGEN�STREET9.6476 and 6480- Street Overlays - Groups 1 & 2 6O liaroosUuclionSChange Order No, 4- Croup 2a AGENDA BACKGROUND.doc
of the contract remain unchanged.
PROJECT BACKGROUND: The Street Overlays Groups 1& 2 project is part of the Bond Issue
2008 Street Improvements Package, which was approved by voters on November4, 2008, The
City of Corpus Christi held an election to consider a number of ballot propositions to fund major
capital improvements for the community, Bond Issue 2008. The November4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem
property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public
Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects
target the City's most immediate needs to improve existing physical facilities, provide for growth,
and protect the City's investment in its infrastructure.
The engineering and design for Street Overlays Group 1 was completed by RVE, Inc. with the
award of the construction contract to Bay, Ltd. in September 2009. The engineering and design
for Street Overlays Group 2 was completed by Coym, Rehmet and Gutierrez Engineering, L.P.
with the award of the construction contract to Haas - Anderson Construction, Ltd. in September
2009.
EXHIBIT "A"
_ �} _ Page 2 of 2
HANOMMenyOhGENhSTREETSh8475 and 6480- Street Overlays - Groups 1 & 2 B7Nb 2 1Con uctionlChanpe Order No. 4- Group 213 AGENDA BACKGROUND.doe
PRIOR PROJECT ACTIONS
SUBJECT: Street Overlays Group 2 (BOND ISSUE 2008)
Project No. 64801 CIP No: ST 31
CHANGE ORDER NO. 4
PRIOR COUNCIL ACTION:
1. November 13. 2008 - Ordinance canvassing retums and declaring results of the Special
Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven
bond propositions and approval of a proposition to restrict vehicular access to and on the
portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island
Seawall. (Ordinance No. 027939)
2. November 18. 2008 - Resolution expressing official intent to reimburse costs of the 2008
Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for
improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries,
Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No.
027950)
3. February 10. 2009 -
A. Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with RVE, Inc. of Corpus Christi, Texas, in the amount of
$549,830 for the Street Overlays Group 1 project for the following streets:
(BOND ISSUE 2008) (Motion No. 2009 -030)
• Agnes from Crosstown to Port Avenue
• Laredo from Crosstown to Agnes
• Wood River from FM 624 to Guadalupe
• Wood River from Guadalupe to Beal
• Horne from Port Avenue to Greenwood
• Tarlton Street from Ayers to Crosstown
• Kostoryz Street from SPID to Holly
B. Motion authorizing the City Manager or his designee to execute a Contract for
Professional Services with Coym, Rehmet & Gutierrez Engineering, L.P., of Corpus
Christi, Texas, in the amount of $552,210 for the Street Overlays Group 2 project for the
following streets: (BOND ISSUE 2008) (Motion No. 2009 -031)
• Glen Oak from Flour Bluff Drive to Waldron
• Hustlin' Hornet from Debra to Laguna Shores
• Whitecap from Park Road 22 to Gulf of Mexico
• Flato Road from Bear Lane to Bates
• Wooldridge Road from Quebec to Oso Parkway
• Yorktown from Waldron to Laguna Shores
EXHIBIT "B"
Page 1 of 3
H: MOMEIK. O\GENISTREETSV3425 and 6480- Sven Ovcrffiys- Groups 1 & 2 BONA 20O81ConstructionlChange Order No 4- Group 2\4 PR]OR PROJECT ACTIONS.doc
-292-
4. September 22, 2009 —
A. Motion authorizing the City Manager, or his designee, to execute a construction contract
with Bay, Ltd. of Corpus Christi, Texas in the amount of $2,733,748.55 for Street
Overlays Group 1 for the Total Base Bid. (BOND ISSUE 2008) (Motion No. 2009 -276)
B. Motion authorizing the City Manager, or his designee, to execute a construction
contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of
$1,586,683.75 for Street Overlays Group 2 for the Total Base Bid. (BOND ISSUE 2008)
(Motion No. 2009 -277)
5. 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)
6. February 23, 2010 — Motion authorizing the City Manager or his designee to execute
Change Order No. 5 to the construction contract with Bay, Ltd., of Corpus Christi, Texas
in the amount of $252,810.98 fora total restated fee of $3,070,115.90 for Street Overlays
Group 1 to add additional sidewalks, driveways and curb ramps to improve accessibility
and encase an unidentified sanitary force main in cement sand. (BOND ISSUE 2008)
(Motion No. 2010 -043)
PRIOR ADMINISTRATIVE ACTION:
1. September 19. 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond
Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local).
2. October 14,2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05
Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local).
4. March 25, 2009 — Administrative approval of a Geotechnical Testing Agreement with Rock
Engineering and Testing Laboratory, Inc. in the amount of $31,812.50 for Street Overlays
Group 1. (BOND ISSUE 2008)
5. March 25, 2009 — Administrative approval of a Geotechnical Testing Agreement with Rock
Engineering and Testing Laboratory, Inc. in the amount of $31,137.50 for Street Overlays
Group 2. (BOND ISSUE 2008)
6. December 14, 2009 — Administrative approval of a Construction Materials Testing Agreement
with Rock Engineering and Testing Laboratory, Inc. in the amount of $39,311.00 for Street
Overlays Group 1. (BOND ISSUE 2008)
7. December 14, 2009 — Administrative approval of a Construction Materials Testing Agreement
with Rock Engineering and Testing Laboratory, Inc. in the amount of $27,335.00 for Street
Overlays Group 2. (BOND ISSUE 2008)
EXHIBIT "B"
Page 2 of 3
H:IHOMEIKe1t O\GENSrREETS\5175 and 5480. Street Overlays- Groups 1 & 2 BOND 2 wnlChange Order No. 4. Group 214 PRIOR PROJECT ACI]ON54oc
8. January 21, 2010 - Administrative approval of Change Order No. 1 to the construction
contract with Bay, Ltd. in the amount of $19,721.76 for a total restated fee of $2,753,470.31
for Street Overlays Group 1. (BOND ISSUE 2008)
9. February 1. 2010 - Administrative approval of Change Order No. 1 to the construction
contract with Haas - Anderson Construction, Ltd. in the amount of $15,476.30 for a total
restated fee of $1,602,160.05 for Street Overlays Group 2. (BOND ISSUE 2008)
10. February 10, 2010 - Administrative approval of Change Order No. 2 to the construction
contract with Bay, Ltd. In the amount of $24,128.30 for a total restated fee of $2,777,598.61
for Street Overlays Group 1. (BOND ISSUE 2008)
11. February 10, 2010 -- Administrative approval of Change Order No. 3 to the construction
contract with Bay, Ltd. in the amount of $17,896.16 for a total restated fee of $2,795,494.77
for Street Overlays Group 1. (BOND ISSUE 2008)
12. February 19, 2010 - Administrative approval of Change Order No. 4 to the construction
contract with Bay, Ltd. in the amount of $21,810.15 for a total restated fee of $2,817,304.92
for Street Overlays Group 1. (BOND ISSUE 2008)
13. March 23, 2010 -- Administrative approval of Change Order No. 2 to the construction contract
with Haas - Anderson Construction, Ltd. in the amount of $23,090.56 for a total restated fee of
$1 ,625,250.61 for Street Overlays Group 2. (BOND ISSUE 2008)
14. April 5. 2010 - Administrative approval of Change Order No. 6 to the construction contract
with Bay. Ltd. in the amount of $9,487.11 for a total restated fee of $3,079,603.01 for Street
Overlays Group 1. (BOND ISSUE 2008)
15. April 21, 2010 Administrative approval of Amendment No. 1 to the Contract for
Professional Services with RVE, Inc. in the amount of $20,000.00 for a total restated fee of
$569.830.00 for Street Overlays Group 1. (BOND ISSUE 2008)
16. May 6, 2010 - Administrative approval of Change Order No. 3 to the construction contract
with Haas - Anderson Construction, Ltd. in the amount of $7,470.00 for a total restated fee of
$1,632,720.61 for Street Overlays Group 2. (BOND ISSUE 2008)
EXHIBIT "B"
Page 3 of 3
HAMONCEIKelbOCEPASTREETS16475 and 6480. Street Overlays -Groups I & 2 HONG 2 ruction∎Change Order No 4 Group 214 PRIOR PROJECT ACCIONS.doc
-14—
Department of Engineering Services
Change Order Summary Sheet
June 8, 2010
PROJECT: Street Overlays Group 2 (BOND ISSUE 2008)
Project No. 6480 / CIP No: ST 31
APPROVED: City Council on 9/22/09 - Motion No. 2009 -277
CONTRACTOR: Haas - Anderson Construction, Ltd.
P.O. Box 7692
Corpus Christi, TX 78467
SUMMARY: This Change Order for Group 2 provides for a full depth repair for Wooldridge
Road and Flato Road due to unforeseen soil conditions found during proof rolling operations.
This change order will also deduct bid item E -7 HMAC Overlay (2.5 ") from the construction
contract.
TOTAL CONTRACT AMOUNT
25% Limit Amount
Change Order No.
Change Order No.
Change Order No.
Change Order No
Total
1 (2/1/10)
2 (3/23/10)
3 (5/6/10)
4 (Council 6/8/10)
$1,586,683.75
396,670.94
15,476.30
23,090.56
7,470.00
169.887.56
$206,924.42= 13.04% < 25%
CEXHIBIT "C"
Page 1 of 1
HMO and 5480- Street Overlays- Groups 1 8 2r1 imclionlUiange Order No 4- Group 215 CO Sl1MMARY.doc
PROJECT BUDGET
STREET OVERLAYS GROUPS 1 & 2 (BOND ISSUE 2008)
Project Nos. 6475 & 6480
June 8, 2009
FUNDS AVAILABLE:
Bond Issue 2008, CIP 2410 ST 31 $11,815,000.00
FUNDS REQUIRED:
Construction Group 1 - (Bay, Ltd.)
Construction Group 2 - (Haas - Anderson Construction, Ltd.)
Contingencies (10 %)
Change Orders:
Change Order Nos. 1 - 6 Group 1 (Bay, Ltd.)
Change Order Nos. 1 - 3 Group 2 (Haas- Anderson)
Change Order No. 4 Group 2 (Haas Anderson)
Consultant Fees:
Consultant Group 1 - (RVE, Inc.)
Consultant Group 2 - (Coym, Rehmet & Gutierrez Engineering, L.P.)
Testing Group 1 - Geotechnical & Material Testing (Rock Engineering)
Testing Group 2 - Geotechnical & Material Testing (Rock Engineering)
Reimbursements:
Contract Administration (Contract Preparation /Award /Admin)
Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)
Finance Issuance
Misc. (Printing, Advertising, etc.)
Total
FUNDS REMAINING
—2 9 6—
$2,733,748.55
1,586,683.75
432,043.23
$345,854.46
46,036.86
160,887.56
$549,830.00
552,210.00
71,123.50
58,472.50
$118,811.89
151,215.13
54,005.40
21,602.16
$6,882,524.99
$4,932,475.01
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PROJECT SITE
Flato Road from
Bear Lone to Dotes
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PROJECT SITE
Wooldridge Road from
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CITY PROJECT # 6480
pk
PROJECT SITE
Glen Oak from Flour Bluff
Drive to Waklron
YH1TECAP
PROJECT SITE
Hustlin' Hornet from Debra
to Laguna Shores
PROJECT SITE
Yorktown from Waldron
to Laguna Shores
LOCATION MAP
NOT TO SCALE
F OF
aMEXICO
EXHIBIT -E-
STREET OVERLAYS GROUP 2
(BOND ISSUE 2008)
-297
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRIST!, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: I oft
DATE: 5/24/2010
IroW
It
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
SUBJECT: Yorktown Boulevard - Staples to Cimarron Improvements
Project No. 64641 CIP No. ST 21
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an
Agreement for Construction Materials Testing and Engineering Services with Arias &
Associates Inc. of Corpus Christi, Texas, in the amount of $71,383 for Yorktown Boulevard
- Staples to Cimarron. (Bond 2008)
ISSUE: The construction contract for Yorktown Boulevard between South Staples Street
and Cimarron Boulevard was awarded by Council on April 20, 2010 to Haas - Anderson
Construction, Ltd. and construction on the project has begun. Construction materials
testing is necessary in order to properly construct the roadway and this proposal is for a
testing contract with Arias & Associates of Corpus Christi, Texas.
In order for a testing firm to enter into a contract with the City of Corpus Christi, they must
meet minimum Locally available geotechnical services and materials inspection and testing
requirements. For materials inspection and testing, the firm must have available in -house
equipment and employ qualified certified staff necessary to perform the work. Specifically
for asphaltic concrete testing (which includes testing of asphaltic concrete material, base
and subgrade), the firm must employ one professional engineer locally with a minimum of
three years of experience in testing roadway construction materials and a minimum of one
person locally with the proper Hot Mix Asphalt Specialist Certification (Level 1A minimum).
As part of this requirement, the City has given each focal geotechnical consulting firm 6
months from March 2010 to meet the local engineer and accreditation requirement. Arias
& Associates Inc. will have a locally residing Professional Engineer working as their office
manager in mid -July and their lab will have an American Association of State Highway and
Transportation Officials (AASHTO) accreditation in August.
The Yorktown Boulevard improvements will consist of the reconstruction and widening of
the existing two -lane roadway to a four -lane divided urban arterial street with bicycle lanes
and storm water improvements, water and pedestrian improvements. The project will also
include off -site storm water improvements.
FUNDING: Funding is available through the FY 2010 Streets Capital improvement Budget.
RECOMMENDATION: Staff recommends approval of the motion as presented.
Pete Anaya, P.E.
Director of Engineering Services
Additional Support Material:
Exhibit "A"
Exhibit "BA
Exhibit "C"
Exhibit "D"
H;\ HOMElRachelielGEMStreets16454 -Yo own BlvdlTeslirglLerge Constructionr�TeslinglAgenda Memo2.dacx
_301y -
Agenda Background Information
Prior Project Actions
Project Budget
Location Map
AGENDA BACKGROUND INFORMATION
SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008)
Project No. 64641 CIP No: ST 21
CONSTRUCTION MATERIALS TESTING CONTRACT DESCRIPTION: In order to ensure
that the Yorktown Boulevard construction project is built properly, construction materials
testing needs to be conducted. The proposed testing agreement is with Arias and
Associates, Inc. of Corpus Christi in the amount of $71,383. It will consist of the following
types of tests:
• Laboratory Testing (Soils)
• Field Observation and Testing (Subgrade)
• Field Observation and Testing (Flexible Base)
• Concrete Observation and Testing
• Asphalt Testing Services
• Professional Services
TOTAL:
$7,222.00
$9, 825.00
$7,835.00
$15,845.00
$22,496.00
$8,160.00
$71,383.00
The Yorktown Boulevard project was bid in combination with another city project,
Buckingham Estates Force Main and Oso Plant Effluent Line. Arias and Associates, Inc.
will also be conducting construction materials testing for that project as well for a
contracted amount of $11,410.
PROJECT DESCRIPTION: The construction contract for Yorktown Boulevard and
Buckingham Estates Force Main and Oso Plant Effluent Line was awarded by Council on
April 20, 2010 to Haas - Anderson Construction, Ltd. for the following:
Group 1 Base Bid: Yorktown Boulevard — Staples to Cimarron (Bond 2008): Consists
of the complete removal of an existing roadway and the construction of approximately
5,205 linear feet of new 4 -lane hot -mix asphalt concrete (HMAC) divided arterial street (two
32 -ft, back -to -back of curbs) with concrete sidewalks and associated pavement marking
and signage improvements; along with 7,426 linear feet of storm water conduit
improvements, 3,214 linear feet of waterline improvements, lighting and signalization
improvements, and temporary traffic control. in addition to the base bid awarded by City
Council, the following additive alternates were also awarded as part of the construction
project for the Yorktown project:
• Additive Alternate No. 2: Consists of constructing a 16" PVC wastewater effluent
Tine from Yorktown to King's Crossing Ditch for future irrigation
• Additive Alternate No. 3: Electrical Conduit for Future M.I.S.
• Additive Alternate No. 4: R.T.A. Bus Stop Pads (4 Each)
• Additive Alternate No. 5: Consists of constructing a 16" PVC wastewater effluent
line to Bill Witt Park for future irrigation at the park
H: 1F IpM£ 1Rachelie1GENIStreBIs16a64- Yorkomnlresling1Large Construction TestinglAgeods BackgrpwW,doc
—302—
[—EXHIBIT "A"
Page 1 of 2
Group 2 Base Bid: Buckingham Estates Force Main and Oso Plant Effluent Line (CIF
FY 2010): Consists of installing 5,110 linear feet of an 18 -inch, C -905 PVC Buckingham
Estates Force Main; installing 1,070 linear feet of 8 -inch C -900 PVC waterline and 3 fire
hydrants, complete with ductile iron mechanical joint fittings, new near -side water service
connections and relocation of existing water meters' plus demolition consisting of
removing 1,040 linear feet of an existing C -900 PVC waterline, including 3 fire hydrants,
water service connections, meters; plus one Additive Alternate with all appurtenances
further described below:
• Additive Alternate No. 1: Consists of constructing a 16" PVC wastewater effluent
line from Cimarron to Loire Boulevard for future irrigation.
PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi
held an election to consider a number of ballot propositions to fund major capital
improvements for the community, Bond Issue 2008. The November 4, 2008 election was
held jointly with Nueces County and coincided with the Presidential Election.
The Bond Issue 2008 package includes $153 million in projects to be funded from ad
valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and
Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The
proposed projects target the City's most immediate needs to improve existing physical
facilities, provide for growth, and protect the City's investment in its infrastructure.
H: WQMEiRachelielGENIStree1s16464- Yorklowncrestinaarge Construction TestrnglAgenda Backgromd.doc
-303-
EXHIBIT "A"
Page 2 of 2
PRIOR PROJECT ACTIONS
SUBJECT: Yorktown Boulevard -- Staples to Cimarron (Bond 2008)
Project No. 64641 CIP No: ST 21
PRIOR COUNCIL ACTION:
1. November 13, 2008 — Ordinance canvassing returns and declaring results of the
Special Election held on November 4, 2008 in the City of Corpus Christi for the
adoption of seven bond propositions and approval of a proposition to restrict vehicular
access to and on the portion of the Gulf of Mexico Beach seaward of the concrete
portion of the Padre Island Seawall. (Ordinance No. 027939)
2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the
2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000
for improvements to Streets, Fire Department Facilities, Police Department Facilities,
Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development.
(Resolution No. 027950)
3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
4. April 24, 2009 -- Motion authorizing the City Manager or his designee to execute a
Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi,
Texas, in the amount of $999,871 for Yorktown Boulevard -- Staples to Cimarron for
design, bid and construction phase services. (BOND 2008) (Motion No. 2009 -066)
5. January 12, 2010 — Resolution authorizing the City Manager or designee to submit a
Nomination Form for the Transportation Enhancement Program to the Texas
Department of Transportation in the amount of $1,353,868.00 for Yorktown Boulevard,
Staples to Cimarron (BOND 2008) Landscaping Improvements Project with a City
match of $338,467.00 in the No. 3546 Street GO CIP Fund (BOND 2008), and total
construction cost of $1,692,335.00. (Resolution No. 028458)
6. April 20, 2010 - Motion authorizing the City Manager, or his designee, to execute a
construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in
the amount of $6,335,425.45, for Yorktown Boulevard — Staples to Cimarron (Bond
2008) and Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010)
for the Total Base Bid Group 1 and Group 2 and Additive Alternate Nos. 2, 3, 4 and 5
for Group 1 and Additive Alternate No. 1 for Group 2; and directing staff to prepare and
recommend an action plan to extend improvements to Yorktown Boulevard for the April
27, 2010 Council meeting. (Motion No. 2010 -087)
7. April 27, 2010 — 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. (Resolution
No. 028586)
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).
RIHOMEIRachelleIGEMSIreets 16464- YorktowraestingTarge ConslruCtion Tost3g0r4r.P.roject Actions.dw_
EXHIBIT "B"
Page 1 of 2
2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non-
local).
3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008-
05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non -
local).
4. April 22, 2009 — Administrative approval of a Geotechnical Testing Agreement with
Arias and Associates in the amount of $13,308.50 for Yorktown Boulevard — Staples to
Cimarron. (BOND 2008)
5. November 22, 2009 -- Administrative Approval of Amendment No. 1 to the Contract for
Professional Services with Freese and Nichols, Inc. in the amount of $48,500 for a
restated fee of $1,048,371 for Yorktown Boulevard -- Staples to Cimarron for design of
an effluent line from Yorktown Boulevard to Kings Crossing Ditch and from the
Cimarron Boulevard/Yorktown intersection to Bill Witt Park; for landscape and irrigation
plans for Yorktown median improvements; and for storm water improvements on Bar -
Le -Doc Street. (BOND 2008)
6. April 9, 2010 — Administrative Approval of Amendment No. 2 to the Contract for
Professional Services with Freese and Nichols, Inc. in the amount of $48,000 for a
restated fee of $1,096,371 for Yorktown Boulevard — Staples to Cimarron for activities
required to support TxDOT's Statewide Transportation Enhancement Program, to
accommodate TxDOT's Staples Street Median Improvement Project, and to incorporate
Project No. 6464 and Project No. 7426 into a single award package. (BOND 2008)
7. May 5, 2010 — Administrative Approval of Amendment No. 3 to the Contract for
Professional Services with Freese and Nichols, Inc. in the amount of $42,812 for a
restated fee of $1,139,183 for Yorktown Boulevard — Staples to Cimarron for
preparation of a Programmatic Categorical Exclusion for improvements to Yorktown
Boulevard from Staples Street to Cimarron Boulevard. (BOND 2008)
H: HOMBRadrellelGEHlStreele64 &4- Yorklown1Teslirgltarge Construction T eaU®@ 5i' oject Aclions.doc
EXHIBIT "B"
Page 2 of 2
PROJECT BUDGET
YORKTOWN BOULEVARD - STAPLES TO CIMARRON (BOND 2008)
BUCKINGHAM ESTATES FORCE MAIN AND OSO PLANT EFFLUENT LINE
Project Nos. 6464 & 7426
June 8, 2010
FUNDS AVAILABLE:
Street CIP (Yorktown) $6,723,200.00
Storm Water CIP (Yorktown) $1,440,300.00
Water CIP (Yorktown) $601 ,400.00
Wastewater CIP (Yorktown) $273,810.00
Wastewater CIP (Buckingham Force Main) 990,000.00
*Previous Years' CEP. - -. -. -.. 1,119,314.50
TOTAL $11,148,024.50
FUNDS REQUIRED:
Construction (Haas- Anderson Construction, Ltd.) $6,335,425.45
Contingencies . 633,543.00
Consultant Fees:
*Consultant - Yorktown (Freese and Nichols, Inc.)..
* Consultant - Buckingham (Coym, Rehmet & Gutierrez Engineering, L.P.)...
* Testing (Arias & Associates, Inc.)......
Geotech Testing: $1 3,308.50; Construction Testing: $71,383.00
1,139,183.00
57,635.00
84,691.50
Reimbursements:
Contract Adminstration (Contract Preparation /Award /Admin) 174,224.00
Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 221,740.00
Finance Issuance 79,193.00
Misc. (Printing, Advertising, etc.) 31,677.00
TOTAL $8,757,311.95
FUNDS REMAINING: $2,390,712.55
* The Consultant contracts for Yorktown and Buckingham, and Geotech Testing contract
for Yorktown were encumbered under previous years' CIP.
EXHIBIT "C"
Page 1 of 1
Fie : Wproject\cauncilezh\6464.dwg
YORKTOWN BOULEVARD -
STAPLES TO CIMARRON
(BOND 2008)
307
L
CITY COUNCIL EXHIBIT itii
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: f of 1 ! In
DATE: 5 -18 -2010 :....•
20
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
SUBJECT: Hopkins Road Drainage Improvements
Project No. 20431 CIP No. SW 07
AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction
contract with Relmco, Inc. of Hondo, Texas in the amount of $500,702.00 for Hopkins Road
Drainage Improvements for the Total Base Bid Parts A and B plus Additive Alternate No. 2 Part
❑ (Slough Road). (CIP FY 2010)
ISSUE: The Hopkins Road Ditch runs along Hopkins Road from Lexington Boulevard to the
intersection of Agnes and Hopkins. The project was developed with a Total Base Bid for Parts A
and B with two Additive Alternates (Parts C and D respectively).
• Part A provides the drainage improvements for the conveyance capacity of Hopkins Ditch by
addressing drainage restrictions with existing culverts, ditch erosion and flow line problems
upstream of Hopkins Road. Part A also includes replacing the double barrel corrugated
metal culvert crossing under the Hopkins Road that is severely deteriorated.
• Part B provides for water quality improvements by eliminating dead ends along Hopkins
Road.
• Additive Alternate No. 1 (Part C) provides the option to install HDPE (plastic) pipe in lieu of
Rigid Concrete Pipe (RCP) for driveway and roadway storm water crossings.
• Additive Alternate No. 2 (Part D) provides for improvements to enclose a section of roadside
ditch along Slough Road to improve drainage and control excessive erosion that is
encroaching on private property.
On May 5, 2010, the City received proposals from three (3) bidders (see Exhibit "C" Tabulation of
Bids). The bids range from $500,702.00 to $548,527.00 for the Total Base Bid Part A and Part B
plus Additive Alternate No. 2 Part D (Slough Road). The estimated cost of construction is
$455,745 for the Total Base Bid.
The City's consultant, Urban Engineering and City staff recommend a contract be awarded to
Relmco, Inc. in the amount of $500,702.00 for Hopkins Road Drainage Improvements for the
Total Base Bid Part A and Part B plus Additive Alternate No. 2 Part D (Slough Road).
FUNDING: Funding is available from the Storm Water and Water Capital Improvement Budget
FY 2010 and Storm Water Operating Funds.
RECOMMENDATION: Staff recommends approval of the motion as presented.
• :SHOMElKelbO1GEN‘DRAINAGE12043- Hopkins Road Drainage lrrorurorts1Cautruttior 2 AGENDA MEMD.doc
-311
V ; Gray,
Di = F • of Storm W = : r 8 Street Operations
381 -826 -1875
D E• of water - rvices
381 -828 -1874
gustavogoacc texas.com
1
Exhibit 'A"
Exhibit "V
Exhbit ID"
Exhibit NE°
Background information
Prior Actions
Bid Tabulation
Project Budget
Location Map
1
Pete Anaya, P.E.
Director of Engineering Services
361.826 -3781
AGENDA BACKGROUND INFORMATION
SUBJECT: Hopkins Road Drainage Improvements
Project No. 20431 GIP No. SW 07
PROJECT DESCRIPTION: The project was developed with Total Base Bid Parts A and B
plus two Additive Alternates (Parts C and ❑ respectively).
Total Base Bid: (Parts A and B).
o Part A — Provides drainage Improvements that consists of site work and demolition,
utility adjustment, excavation and backfllling, dewatering, concrete structures, 88
linear feet of 9' X 5' concrete box culvert, 112 linear feet of 6' X 4' concrete box
culvert, 105 linear feet of 5' X 4' concrete box culvert, 376 linear feet of 60" rigid
concrete pipe (RCP), 58 linear feet of 42" RCP, existing ditch excavation and
cleaning, traffic control and miscellaneous items of work required to complete the
project in accordance with the plans, specifications and contract documents.
o Part B — Provides Water Line Improvements to construct 1260 LF of 8" PVC C900,
four new Fire Hydrants, 150 LF of Ductile Iron Pipe with associated fittings, valves
and appurtenances.
Additive Alternates No. 1 and No. 2: _ (Parts C and D)
o Additive Alternate No. 1 (Part C) — Provides for the alternative to use HDPE pipe in
lieu of the 60" RCP and 42" RCP under Base Bid Part A.
o Additive Alternate No. 2 (Part D) — Provides for approximately 640 LF of 18" RCP,
ditch slope stabilization /grading, 650 LF of wood fence rehabilitation /replacement,
and erosion control treatment along Slough Road.
CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion
anticipated in October 2010.
PROJECT BACKGROUND: This project is part of the ongoing Storm Water Department
Capital Improvement Program to address drainage problems across the City. This area is
subject to frequent flooding that stands for long periods of time after nominal storm events. The
project replaces culverts that are undersized and deteriorated beyond their useful life. This is
the first phase of a multi- phased approach to improve drainage in the area. Future phases and
projects are planned as funding becomes available, and as future development of the area
occurs.
H: 1HOME1KeIly01GENNURAINAGE■2033- Hopkins Road Drainage improrarwnteComes I i'$ &ENDA BACKGROUNDjerry -doc
PRIOR PROJECT ACTIONS
SUBJECT: Hopkins Road Drainage Improvements
Project No. 20431 CIP No. SW 07
PRIOR COUNCIL ACTION:
1. July 28, 2009 — Ordinance adopting the City of Corpus Christi budget for the ensuing
Fiscal Year beginning August 1, 2009; to be filed with the County Clerk; appropriating
monies as provided in the budget. (Ord. 028252)
2. July 28, 2009 — Ordinance to ratify increase of $2,971,452 in Property Tax Revenues
from last year's Operating Budget as reflected in the FY 2009 -2010 Operating Budget.
(Ord. 028253)
3. December 15. 2009 - Ordinance approving the FY 2010 Capital Budget and Capital
Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449)
PRIOR ADMINISTRATIVE ACTION:
1. April 3, 2009 — Administrative approval of a Small Agreement for Architect/Engineer
Consultant Services with Urban Engineering in the amount of $46,400 for Hopkins
Road Drainage Improvements for topographic survey and preparation of an engineering
letter report.
2. May 25. 2010 — Administrative approval of Small Agreement for Architect/Engineer
Consultant Services with Urban Engineering in the amount of $49,250 for Hopkins
Road Drainage Improvements for design and construction administration services.
H: HOME1KenyD GEN ■DRAIHAGE12643. Hopkins Road Drainage ImproverngnI ruciinn\4 PRIOR ACTIONS.doc
EXHIBIT "B"
Page 1 of 1
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PART B. ADJUSTMENT
Adjust Exist ng UtNities Allowance
(MANDATORY ALLOWANCE)
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Fire Hydrants Assembly
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EXHIBIT "C"
Page 1 of 2
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Corpus Christi,TX 78469
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OTAL, PART C (Items C -1 through C -4)
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BID SUMMARY
PART A (Items A -1 through A -20) 1
PART 8 (Items 8 -1 through B-10)
TOTAL BASE BID (Parts A and B)
ADDITIVE ALTERNATE NO. 1
PART C (Items C -1 through C-4)
ADDMVE ALTERNATE NO. 2
PART D (Items D -1 through D-8)
TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1
(Parts A and B + C)
TOTAL BASE BID + ADDITIVE ALERNATE NO. 2
(Parts A and B + D]
TOTAL BASE BID + ADDITIVE ALTERNATE NO.1 & NO. 2
(Parts A and B + C + D)
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IEXHIBIT "C"
Page 2 of 2
EXHIBIT "D" i
Page 1 of 1
PROJECT BUDGET
HOPKINS ROAD DRAINAGE IMPROVEMENTS
Project No. 2043
June 8, 2010
FUNDS AVAILABLE:
Storm Water CIP FY 2010 (SW 07) $862,500.00
Storm Water Operating Fund 45,070.00
Water CIP FY 2010 200,525.00
* Previous Years' CIP (FY 2009) 46,400.00
$1,1 54,495.00
FUNDS REQUIRED:
Construction (Relmco, Inc.) $500,702.00
Contingencies (10 %) 50,070.20
Consultant Fees:
*Consultant - (Urban Engineering) $95,650.00
Reimbursements:
Contract Administration (Contract PreparationfAward /Admin) $13,769.31
Engineering Services (Project MgtlConstr MgtlTraff'ic Mgt) 17,524.57
Finance Issuance 6,258.78
Misc. (Printing, Advertising, etc.) 6,200.00
TOTAL $690,174.85'
FUNDS REMAINING $464,320.15
* Original Consultant contract was awarded under previous years' CIP (FY 2009)
—317—
\Mprojecf \councrlexhibifs\exh 74 1 4.d wg
LOCATION MAP
NOT TO SCALE
HOPKINS ROAD
DRAINAGE IMPROVEMENTS
CITY COUNCIL EXHIBIT
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1of1
DATE: 5/12/2010
■.rr.r
•
21
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 8, 2010
AGENDA ITEM:
a. Ordinance appropriating $2,421,723.08 in the No. 4020 Mustang Island Construction Fund to
return the escrow balance maintained by the City dedicated to the construction and
installation of water transmission, pumping, storage, and other facilities necessary to furnish
an adequate water supply of fresh, potable water to meet the needs of lands and users on
Mustang island in the future, with earned income, to Nueces County Water Control and
Improvement District No. 4, as part of the mediated settlement of Nueces County Water
Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas
Commission on Environmental Quality, TCEQ Docket No. 2008- 1473 -UCR, SOAH Docket
No. 582 -09 -1170; and declaring an emergency.
b. Motion ratifying the payment of $2,421,723.08 to Nueces County Water Control and
Improvement District No. 4 in compliance with the mediated settlement of Nueces County
Water Control and Improvement District No. 4 vs. City of Corpus Christi, before the Texas
Commission on Environmental Quality, TCEQ Docket No. 2008 - 1473 - CUR, SOAH Docket
No. 582 -09 -1170
ISSUE:
On September 3, 2008, Nueces County Water Control and Improvement District No. 4 challenged
the City's outside the City limits wholesale public agency for resale treated water rates as they applied
to the District to the Texas Commission on Environmental Quality. The matter was referred to the
State Office of Administrative Hearings. On March 11, 2009, the City and District representatives
mediated the dispute in Austin, Texas, and came to a tentative settlement agreement.
One element of that agreement required the City to "(e)liminate 80.03 surcharge and return escrow
balance with earned interest" to the District. The District was paying a $0.03 surcharge per thousand
gallons under its 1978 wholesale water contract with the City. The amounts paid for the surcharges
were maintained by the City in a dedicated fund, No. 4020 Mustang Island Construction Fund. This
fund was maintained for the construction and installation of water transmission, pumping, storage,
and other facilities necessary to furnish an adequate water supply of fresh, potable water to meet the
needs of lands and users on Mustang Island in the future. In addition, to the surcharge the fund also
received $294,000 paid by the Texas Parks and Wildlife Department for water service to Mustang
Island State Park and both the District and City impose a source charge for all new water service on
Mustang Island and the portion of Padre Island north of PR 22 along SH 361. The source charge has
been adjusted for inflation, but started at $900.00 per acre in 1978.
On April 20, 2010, the Council approved the new water rates applicable to the District, and the
District withdrew their appeal per our agreement on May 24, 2010. The City wired the payment of
$2,421,723.08 to Nueces County Water Control and Improvement District No. 4 on May 25, 2010.
CONCLUSION AND RECOMMENDATION:
Staff recommends that the City Council approve the ordinance as presented.
nil
Oscar Martinez
Assistant City Manager
(361) 826 -3189
OscarM @ectexas.com
Page 1 of 3
ORDINANCE
APPROPRIATING $2,421,723.08 IN THE NO. 4020 MUSTANG ISLAND
CONSTRUCTION FUND TO RETURN THE ESCROW BALANCE
MAINTAINED BY THE CITY DEDICATED TO THE CONSTRUCTION
AND INSTALLATION OF WATER TRANSMISSION, PUMPING,
STORAGE, AND OTHER FACILITIES NECESSARY TO FURNISH AN
ADEQUATE WATER SUPPLY OF FRESH, POTABLE WATER TO
MEET THE NEEDS OF LANDS AND USERS ON MUSTANG ISLAND IN
THE FUTURE, WITH EARNED INCOME, TO NUECES COUNTY
WATER CONTROL AND IMPROVEMENT DISTRICT #4, AS PART OF
THE MEDIATED SETTLEMENT OF NUECES COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NO. 4 VS. CITY OF
CORPUS CHRISTI, BEFORE THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY, TCEQ DOCKET NO. 2008 -1473 -UCR,
SOAH DOCKET NO. 582 -09 -1170; AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $2,421,723.08 in the No. 4020 Mustang Island Construction Fund is
appropriated to return the escrow balance maintained by the City dedicated to the
construction and installation of water transmission, pumping, storage, and other facilities
necessary to furnish an adequate water supply of fresh, potable water to meet the
needs of lands and users on Mustang Island in the future, with earned income, to
Nueces County Water Control and Improvement District #4, as part of the mediated
settlement of Nueces County Water Control and Improvement District No. 4 vs. City of
Corpus Christi, before the Texas Commission on Environmental Quality, TCEQ Docket
No. 2008 -1473 -UCR, SOAH Docket No. 582 -09 -1170.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the day of
2010,
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
NCWC01$4 appropord 06022010
—323—
Joe Adame
Mayor
APPROVED: June 2, 2010
R. Ja, `ei ' ing
Firs Ass' tent Cit Attorney
For City Attorney
NCWCID#4 appropord 06022010
—324—
Page 2 of 3
Page 3of3
Corpus Christi, Texas
day of , 2010
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1 /we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Joe Adame
Mayor
The above ordinance was passed by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry R. Elizondo, Sr.
Kevin Kieschnick
Priscilla Leal
John E. Marez
Nelda Martinez
Mark Scott
NCWCID#4 appropord 06022010
—325—
22
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM:
Presentation of FY 10-11 General Fund Part I.
STAFF PRESENTER(S):
Name
1. Oscar Martinez
2. Cindy O'Brien
3. Eddie Houlihan
4. Constance Sanchez
Title /Position
ACM — Public Works
Interim ACM -- Administrative Services
Assistant Director - Budget
Interim Director of Financial Services
Department
REQUIRED COUNCIL ACTION:
No formal action is required at this time. First and second readings on budget
Adoption are scheduled for July 13th and July 20th respectively.
Power Point Presentation
Exhibits
x
Eddie Houlihan
Assistant Budget Director
EddieHo(cctexas.com
(361 )826 -3792
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23
CITY COUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Status of Animal Care Division of the Corpus Christi - Nueces
County Public Health District
STAFF PRESENTER(S):
Nam?
1. Kelli Copeland
2. Annette Rodriguez
3. Margie Rose
OUTSIDE PRESENTER(S):
Name
2.
3.
Title /Position Department
Program Manager Health
Director of Public Health Health
ACM Health
Title /Position Organization
BACKGROUND: Animal Care Services is providing an update on the status of
the Animal Care Services.
REQUIRED COUNCIL ACTION: None
PowerPoint
Supplemental Information
Annette Rodriguez, M.P.H.
a nnetter@cctexas.com
361 - 826 -7203
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