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Agenda Packet City Council - 07/06/2010
1■Ir M=NIF EMM UMW ■1•10%■0%■101 - 11;45 A.M. - Proclamation declaring Tuesday, July 6, 2010 as "Texas State Aquarium 20th Anniversary Celebration ". Proclamation declaring Sunday, July 11, 2010 as "Day of Prayer ". AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 6,2010 12 :00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitedo, habra un interprete ingles- espariol en 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 Marcus J. Denson, ill, Waves Christian Fellowship. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris N. Adler Brent Chesney Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting July 6, 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 June 29, 2010 and City Council Retreat of June 1, 2010. (Attachment # 1) F. SPECIAL BUDGET PUBLIC HEARING: (To be considered at approximately 12:00 P.M.) 2. Public Hearing on the Proposed FY 2010 -11 Operating Budget. This budget will raise more total property taxes than last year's budget by $1,380,315 (General Fund $913,332, Debt Service Fund $496,524, and Special Revenue ($29,541), or 1.8%, and of that amount an estimated $582,269 is tax revenue to be raised from new property added to the tax roll this year. (Attachment # 2) G. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 3) 3. * Board of Adjustment * Civil Service Board /Commission * Clean City Advisory Committee * Corpus Christi Business and Job Development Corporation * Corpus Christi Convention and Visitors Bureau * Intergovernmental Commission on Drug and Alcohol Abuse * Leadership Committee for Senior Services 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 an any reconsidered item. Agenda Regular Council Meeting July 6, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 4. Motion approving a supply agreement for 2,930 tons of liquid caustic soda with Univar USA, of Corpus Christi, Texas for water chemicals in accordance with Bid Invitation No. BI -0129- 10, based on low bid for an estimated six -month expenditure of $439,210 of which $73,201.66 is required for the remainder of FY 2009 -2010. The term of the contract will be for six months with options to extend for up to nine additional six -month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2009 -2010. (Attachment # 4) 5. Ordinance appropriating $6,680.20 in Fund No. 1020 General - Fund from the Department of Justice, Bullet Proof Partnership Grant for 50% reimbursement of the purchase of National Institute of Justice (NIJ)- approved body armor makes and models; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures and revenues by $6,680.20 each. (Attachment # 5) 6. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for use of fueling facilities. (Attachment # 6) 7. Second Reading Ordinance - Authorizing the City Manager or his designee to execute "1st 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 Agenda Regular Council Meeting July 6, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. (First Reading — 06/08/10) (Attachment # 7) J. EXECUTIVE SESSION: (NONE) 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. K. PUBLIC HEARINGS: ZONING CASES: 8. Case No. 0510 -01, Karen Kay Kosarek Clark, et al: A change in zoning from the "R-1B" One- family Dwelling District to the "1 -2" Light Industrial District on 8.77 acres to develop the property for future light industrial uses to include a funeral home with a crematorium on approximately 2 acres of the property. The property to be rezoned is an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2, generally located at 5925 Ayers Street, approximately 1000 feet south of the intersection of Ayers Street and Holly Road. (Attachment # 8) Planning Commission and Staffs Recommendation: Approval of the "I -2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Karen Kay Kosarek Clark, et al, by changing the Zoning Map in reference to an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2, from "R-1B" One- Family Dwelling District to "I- 2" Light Industrial District; amending the Comprehensive Plan to Agenda Regular Council Meeting July 6, 2010 Page 5 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; providing for publication. 9. Case No. 0510 -03, Wallace and Shirley Graham: A change in zoning from the "B -1" Neighborhood Business District to the "B- 4" General Business District to develop the property for a veterinary hospital. The property to be rezoned is Stonehenge Unit #1, Block 1, Lot 1 B, located at 7201 South Staples at the intersection of Lipes Boulevard and South Staples Street. (Attachment # 9) Planning Commission and Staffs Recommendation: Approval of the "B -4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Wallace and Shirley Graham, by changing the Zoning Map in reference to Stonehenge Unit #1, Block 1, Lot 1 B, from "B -1" Neighborhood Business District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 10. Case No. 0510 -05, Williams Airline Partner, Ltd.: A change in zoning from the "A -1" Apartment House District and "A -2" Apartment House District to the "B-4" General Business District to accommodate additional parking for commercial development. The property to be rezoned is 0.235 acres out of Wilkey Addition, Unit 2, Lot H located at 5854 Williams Drive, approximately 1,200 feet northwest of the intersection of Williams Drive and Airline Road. (Attachment # 10) Planning Commission and Staffs Recommendation: Approval of the "B-4" General Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Williams Airline Partners, Ltd., by changing the Zoning Map in reference to 0.235 acres out of Wilkey Addition, Unit 2, Lot H from "A -1" Apartment House District and "A -2" Apartment House District to "B-4" General Business District; amending the Comprehensive Agenda Regular Council Meeting July 6, 2010 Page 6 Plan to account for any deviations from the Comprehensive Plan; providing a repealer providing a penalty; providing for publication. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) existing clause; (RECESS REGULAR COUNCIL MEETING) L. CITY CORPORATION MEETING: 11. CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION (CCIDC): (Attachment # 11) AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION REGULAR MEETING DATE: Tuesday, July 6, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers 1201 Leopard Street Corpus Christi, TX 78401 1. President Larry Eiizond❑ to call the meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Larry Elizando, President Brent Chesney, Vice -Pres. Joe Adame Chris Adler Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott lc� s Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treas. 3. Approval of the minutes of May 26, 2009. 4. Financial Report. 5. Motion authorizing the President to execute a lease to City of Corpus Christi of approximately 91.70 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C, D, E, F and G," Nueces County, Texas, located near Agenda Regular Council Meeting Julys, 2010 Page 7 M. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) intersection of Airport Road at Horne Road, for recreational purposes. 6. Public Comment. 7. Adjournment. (RECONVENE REGULAR COUNCIL MEETING) REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 12. a. Motion to authorize the City Manager or his designee to execute a lease from Corpus Christi Industrial Development Corporation to lease to the City approximately 91.70 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C, D, E, F and G," Nueces County, Texas, located near intersection of Airport Road at Horne Road, for recreational purposes. (Attachment # 12) b. Ordinance naming approximately 51.14 acres of Lot 9, Hock 7, Cliff Maus Tracts, located near intersection of Airport Road at Horne Road, the Manuel Q. Salinas Park. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $1,832,547 for a total restated fee of $1,875,447 for design, bid, construction phase and additional services for the O.N. Stevens Facilities Feed Optimization Improvements (Chlorine/ Chloramine Optimization Assessment). (CIP 2010) (Attachment # 13) 14. a. Presentation on the Results of the Restructuring, Outsourcing & Privatization Services -- Phase 1 Initiative. (Attachment # 14) Agenda Regular Council Meeting July 6, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating $175,000 from the Unreserved Fund Balance in the General Fund No. 1020 for Restructuring, Outsourcing & Privatization Services — Phase 2; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures in the General Fund No. 1020 by $175,000. (Attachment # 14) c. Motion authorizing the City Manager or his designee to execute a service agreement with Crowe Horwath, LLP of Irving, TX, for an amount not to exceed $175,000, to provide for the quantifying of projected dollar amounts of cost - saving /revenue enhancing initiatives, and for other related services ( "Phase 2 ") concerning the restructuring, outsourcing and privatizing of certain portions of the City's municipal government functions. The term of the agreement will extend through the date Crowe Horwath presents its results to City Council. Funding is to be appropriated in the General Fund in FY 2009 -2010. (Attachment # 14) N. PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Update on American Bank Center Area Public /Private Partnership Based Development (To be considered at approximately 1:30 p.m.) (Attachment # 15) 16. Proposed Zoning Ordinance Amendments for Nonconforming Lots of Record and for Compact and Clustered Development Overlay (Attachment # 16) 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 made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Agenda Regular Council Meeting July 6, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 15 NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. P. CITY MANAGER'S COMMENTS: (NONE) G. ADJOURNMENT: POSTING STATEMENT: This agenda was posted an the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at 3:45- p.m., on July 1, 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 2010 -2011 • Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS City Council Retreat June 1, 2010 - 9:00 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: Chris Adler Kevin Kieschnick Priscilla Leal John Marez* Nelda Martinez** Mark Scott ABSENT Brent Chesney `Arrived at 9:04 a.m. **Arrived at 9:21 a.m. City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Emerging Technology Building - Room 1248 of the Del Mar College West Campus. The invocation was delivered by Abel Alonzo. 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 introduced Trey McCampbell who served as retreat facilitator. Mr. McCampbell explained that the goals and priorities of the City were categorized under the BoldFuture ideas. Mr. McCampbell introduced Claudia Jackson with Del Mar College and Dr. Mary Sherwood with Texas A & M University — Corpus Christi who provided a brief overview of the status of the BoldFuture initiatives and the six (6) categories including vibrant economy; thriving education and entertainment; well- planned region; sustainable environment; safe, health communities; and community identity and leadership. Assistant City Manager Margie Rose provided a presentation on the execution of BoldFuture City related goals including the development of regular status meetings; the purpose of the meetings; the plan to execute the goals; and the lead department partners. Director of Engineering Services Pete Anaya provided an update on the status of the Bond 2004 projects and Bond 2008 projects; and the Bond 2008 timeline. The following topics pertaining to this item were discussed: the completion of the Laguna Shores project the congestion plan for South Padre Island Drive in the Best Buy shopping center; Park Road 22 Bridge; ADA improvements around the Trinity Towers area; the Staples Street traffic concerns near Parkdale Plaza; the project timeline for Manshiem and Helen; the verification of petitions submitted for paving assessment; including alternative streets on the paving assessment lists; the permit for construction of Whitecap - Park Road 22 to Gulf; the warehouse and maintenance facility for the Fire Department; the delay of the new fire station facility located at Bevercrest and Ayers pending full -time employee (FTE) approval; energy efficiency of Fire Department warehouse; Community Development Block Grant (CDBG) funding for the Greenwood Library Remodeling; the accomplishments at North Beach; consideration to use any additional funding for a BMX park on the State School property; and the traffic analysis for the Bayfront Development Plan, Phase 3. —1 — Minutes — Council Retreat June 1, 2010 — Page 2 Mayor Adame opened discussion on the Futurebridge presentation. Mayor Adame introduced John Michael and Chairman of Futurebridge Chip Urban who made the presentation and provided a fact sheet on the development of Futureoridge; the membership; activities; subcommittees; and bylaws. Mr. Urban stated that Futurebridge is a regional planning group created with a diversified membership to listen to the views, ideas, and goals of the community to have a shared vision for the region. Mayor Adame referred to the lighting of the Harbor Bridge. Terry Orf, Architect, provided a presentation on the lighting of the Harbor Bridge including a historic photo cf the bridge with lights; existing photos of the bridge today; an example of LED lighting capabilities through computer control; the LED fixtures; and the life expectancy and operating costs. Mayor Adame opened discussion on the update on the current City Council Goals. Director of Intergovernmental Affairs Rudy Garza referred to a powerpoint presentation on the strategies and status of the City Council Goals approved in June 2009. The following topics pertaining to this item were discussed: distribution of the incentive policies; the responsibilities and expectations of the Economic Development Office (EDD) and the Corpus Christi Regional Economic Development Corporation (EDC); understaffing for MetroCom; contract negotiations with the Fire Union; the grievance filed by the Fire Union regarding GASB45; the identified $1.2 billion in funding needs to develop the street plan; the irrigation system at the Veterans Park; the Mayor's Fitness Council; and whether heating assistance is provided as part of the Weatherization Assistance Program. Mr. McCampbell asked the Council to review and prioritize their new short and long term goals. (see Mr. Campbell's attached report, included as part of these minutes). After a brief exercise and discussion, Mr. McCampbell summarized the 1010 -2011 council's goals as follows: 1, Mary Rhodes Pipelines Phase 11 Water Plan 2. Continue the Street Improvement Plan 3. Support Continued Military Presence 4. Complete City utility master plans 5. Begin Conservation and Recycling Education Plan 6. Support Safe and Health Community Initiatives 7. Focus on Bayfront Downtown initiatives 8. Coordinate Comprehensive Economic Development Approach 9. improve Development Services Infrastructure City Secretary Chapa opened discussion on the City Council meeting calendar for 2010- 2011. The Council discussed the following meeting changes: hold a meeting on June 6, 2010 and canceling the following council meetings: July 27, 2010 (if the council budget is adopted on June 20th), August 10, 2010; November 23, 2010, November 30, 2010, December 21, 2010, December 28, 2010 and March 15, 2011. Mr. Chapa added that in order to comply with the City Charter requirement, the Council will hold a meeting on December 7, 2010. A motion was made, seconded and passed to approve the meeting date changes. There being no further business to come before the Council, Mayor Adame adjourned the Council retreat at 2:58 p.m. on June 1, 2010. Summary of City Council Priorities for 2010 -2011 Corpus Christi City Council Retreat: June 1, 2010 (7 Council members present and voting) 'VOTE: Items in Italics are the top goals for the next year Well- Planned Region 5 Prepare Garwood water plan to be shovel -ready in two years (continuation of a 2009 -10 goal) 5 Continue road plan and dedicate revenue, not bonds (continuation of a 2009 -10 goal) 5 Retain Army depot & Navy presence including T-6, relocation of the Coast Guard, UAV's, and general funding for area military 5 Complete city utilities master plan, including support Nueces County Drainage District 3 Leverage airport resources for economic development: runway extension + developable land — — 2 County Road 52 future major traffic artery 1 Organize regional leaders summit throughout Coastal Bend 0 Develop Island convention & community facility /assist Island development 0 Regional consortium to promote broadband technology Sustainable Environment 5 Begin more extensive education program on conservation & recycling in preparation for the "recycle bank" implementation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • —3 Maximize Green initiatives, outreach in solar, wind energy partnerships and initiatives (carry over from 2009- 10 goals) 1 Develop artificial reef program 0 Emphasize /communicate that we have clean air /water O Maximize sun /wind as sustainable energy sources Safe Healthy Communities 6 Support efforts for community-wide health improvement initiatives a. stronger focus on diabetes initiatives b. created biomedical programs at TAMU -CC & Del Mar College to study /promote healthy lifestyle issues relevant to our communities profile 6 Reduce gang & graffiti issues 2 Create employee health care clinic _1----_—_—_--_.---------...-....----_—_-- O Improve parks & recreation facilities /plan for protecting parks 0 Enhanced subdivisions to promote physical fitness (sidewalks, walk paths, etc) Community Identity and Leadership 4 Complete privatization effort for city and improvements in processes for efficiency 2 Develop/promote city brand identity 1 Expand pride of appearance in city/ incorporate community pride with clean cities (carry over from 2009 -10 goals) 0 Recognize & appreciate diversity/be inclusive & respective of all citizens O Collaborate with other initiatives to leverage resoui Summary of City Council Priorities for 2010 -2011 Corpus Christi City Council Retreat June 1, 2010 (7 Council members present and voting) NOTE: Items in Italics are the top goals for the next year Vibrant Economy 7 Focus on Bayfront Downtown Initiatives: a. coliseum site redevelopment plan b. support Sherrill Park Veteran's Memorial planning c. Wallace Bajjali development on North end d. downtown presence for higher education, including possibility of an art district with the TAMU -CC art department e. support vibrant downtown arts and entertainment f. create Bayfront water -based activities g. expand Convention Center and add convention hotel h. develop comprehensive downtown revitalization plan; support with ordinances 6 Coordinate city economic development activities and Corpus Christi Regional Economic Development Corporation efforts on appropriate projects 6 Improve development services infrastructure (continuation of 2009 -2010 goal) 2 Increase funding for convention center, CVB, EDC, with incentive based ` W 2 Retail redevelopment for North and Northwest areas 2 Support business & industry to keep jobs and salary dollars here 1 Promote "buy local" program encouraging business to buy supplies from other local companies 0 Staff recommendation on improving communication between city and CCREDC on economic development opportunities & legal issues 0 Comprehensive economic development strategic plan from the city's perspective and in consultation with CCREDC 0 Foster entrepreneurship spirit /business incubator 0 Leverage public improvements for private development, especially between builders and financial lenders 0 Maximize grant funding opportunities 0 Recognize/reward existing large employers Thriving Education and Entertainment 1 Complete Packery Channel TIP projects 0 City Council Lyondell park MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 29, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, 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. The invocation was delivered by Pastor Mark Behrendt with Galilean Lutheran Church and the Pledge of Allegiance to the United States flag was led by Council Member Mark Scott. 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 June 22, 2010. A motion was made and passed to approve the minutes as presented. Mayor Adame referred to Item 2 and the following board appointments were made: Human Relations Commission Margie Myers (Reappointed) Jacob Sendejar (Reappointed) Denise Villagran (Appointed) Elias Valverde (Appointed) Judith Labeck (Appointed) Zachary Zepeda (Appointed) Janet Zuniga (Appointed) Ramiro H. Gamboa (Appointed Chairperson for one -year term ending 6- 14 -11) * * * * * **** * ** Mayor Adame called for consideration of the consent agenda (Items 3 -15). There were no comments from the public. Council members requested that Items 8 and 15 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010 -151 Motion authorizing the purchase of specialized equipment fora total amount of $87,013.39 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. -5- Minutes — Regular Council Meeting June 29, 2010 — Page 2 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye". MOTION NO. 2010-152 Motion authorizing the purchase of specialized equipment for a total amount of $76,320 utilizing funds from the 2008 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 5. MOTION NO. 2010 -153 Motion authorizing the City Manager or his designee to execute an extended maintenance agreement with Positron Public Safety Systems, Inc. in the amount of $122,882.88, of which $30,720.72 is required for the remainder of FY 2009 -2010, for Evergreen Software support services on the Emergency 911 System. The term of the contract is five years. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6. ORDINANCE NO. 028659 Ordinance appropriating $7,769.32 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita & W.T. Neyland Public Library from the following sources: $58.70 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $7,710.62 from royalties from oil, gas and mineral interests bequeathed to the City library from the Estate of William T. Neyland; changing the FY 2009 -2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $7,769.32. 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. RESOLUTION NO. 028660 Resolution authorizing the City Manager or his designee to execute a contract for the collection of delinquent accounts in automated red light enforcement with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% of amounts collected on delinquent accounts turned over to law firm. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9. MOTION NO. 2010-155 Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction of Corpus Christi, Texas, in the amount of $299,752 forthe Cayo del Oso Water Line Replacement for the total base bid for water service for Texas A &M University — Corpus Christi (TAMUCC). (C1P FY2010) Minutes -- Regular Council Meeting June 29, 2010 — Page 3 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Nlartinez, and Scott, voting "Aye ". 10. MOTION NO. 2010 -156 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet, and Gutierrez Engineering, L.P. of Corpus Christi, Texas in the amount of $347,735, for preliminary design, design, bid, and construction phase services and additional services for Buddy Lawrence Drive from Antelope to IH -37. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 11. MOTION NO. 2010 -157 Motion authorizing the City Manager or his designee to execute a Change Order No. 4 to a construction contract with Malek, Inc. of Corpus Christi, Texas, in the amount of $41,083 for a restated not to exceed price in the amount of $774,793 to install two variable frequency drive pumps with new piping, valves, electrical and integrated controls for the Museum of Science and History HVAC /Air Handling Unit/Chiller /Generator and Fire /Security Repairs and/or Replacement Project. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 12. RESOLUTION NO. 028662 Resolution authorizing the City Manager or his designee to execute into a Local Project Advance Funding Agreement for Non- Construction (LPAFA- NonCST) with the Texas Department of Transportation (TxDOT) in the amount of $112,000 forthe Southside Mobility Corridor Feasibility Study for a term of two years. (BOND ISSUE 2004) The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 13. RESOLUTION NO. 028663 Resolution authorizing the City Manager or his designee to execute a Memorandum of Understanding with the Texas Department of Transportation (TxDOT) regarding adoption of TxDOT's Federally - Approved Disadvantaged Business Enterprise Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.a. MOTION NO. 2010 -158 Motion authorizing the City Manager or his designee to execute a Water Arterial Transmission and Grid Main Reimbursement Agreement with Smith and Peterson Parties, Developers of Oso River Estates, Block 4, Lot 1, located south of South Padre Island Drive (SH 358) and east of Ennis Joslin Road extension, for the construction of a 12 -inch waterline. Minutes — Regular Council Meeting June 29, 2010 — Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14.11 ORDINANCE NO. 028664 Ordinance appropriating $223,080.97 from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Smith and Peterson Parties for the construction of a 12 -inch waterline extending from South Padre Island Drive (SH 358) to Holly Road, as specified in Water Arterial Transmission and Grid Main Reimbursement Agreement. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 8 regarding utility billing and accounts receivable delinquency collection services. Council Member Leal spoke regarding the amount of uncollectible funds currently in arrears and accountability for not taking corrective measures sooner to address these delinquent accounts. Council Member Leal asked why City retirees have not been contacted and asked to assist the City, for a minimum wage, to collect these delinquent accounts as she had previously requested. Ms. Leal also volunteered her services as a City retiree. City Manager Escobar stated that the City has not contacted the retirees at this time. Mr. Escobar reported that as a council member, Ms. Leal could not volunteer her services due to the perception of conflict with working with City records and fellow employees. Interim Assistant City Manager Cindy O'Brien clarified that this collection firm initiative would not be a cost to the City and the hiring of retirees would cost the City for additional staffing. Council Member Leal also expressed concern that the company selected is from Fort Worth and not a local firm. Assistant Director of Financial Services Michael Barrera was available to respond to questions. The following topics pertaining to this item were discussed: the Council goal to support local businesses; an explanation of the matrix for evaluation criteria; the reason that local preference was not considered in the Request for Information (RFI) process; Quantum Financial Business Services not being recommended for award based on the higher cost for services; the depository contract with Frost Bank and whether the City has audited this account; if the City has taken corrective action to improve the collection efforts for current accounts; whether the Council could direct staff to accept the agreement with Quantum if they were willing to match the price presented by Credit System International; and adding local preference credits or stipulations in future bidding processes. Mr. Chesney made a motion to award the contract to Quantum Financial Business Services dba Quantum Collection Services contingent upon Quantum agreeing to the same pricing structure that Credit Systems international, Inc. of Fort Worth, Texas submitted. The motion was seconded by Ms. Leal. A brief discussion ensued regarding whether this action would compromise the integrity of the bidding process by allowing the local company to change their bid to match another bidder, Council Member Kieschnick requested that Council receive quarterly reports on outstanding debt amounts. Council Member Chesney withdrew his motion and requested that the record reflect that he would be voting "No" because the contract should be awarded to the local firm (Quantum Financial Business Services) since there would not be an additional cost to the City but rather the citizens with delinquent accounts. Mr. Chesney said the bidding process should have included a local preference. Council Member Leal also stated that she would be voting "No" because the City Council goals support to keep business local. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting June 29, 2010 — Page 5 8.a. ORDINANCE NO. 028661 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 17 regarding delinquent account collection fees to provide that the collection fee charged cy a third party collection service shall be assessed to the person owing the city account; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal voting "No ". 8.b. MOTION NO. 2010 -154 Motion approving a service agreement with Credit Systems International, Inc., of Fort Worth, Texas for Utility Billing and Accounts Receivable Delinquency Collection Services in accordance with Request for Information No. BI- 0176 -10, based on best value for a fee of 17.9% of the debt collected. The term of the contract will be for twelve months with an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or his designee. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal voting "No". Mayor Adame opened discussion on Item 15 regarding the term of appointment for the Building Code Board of Appeals. In response to Council MemberAdler, City Secretary Chapa stated that the City Charter has a six (6) year term limitation for board members and the current terms for this board would not allow members to be appointed for a second term. Mr. Chapa added that decreasing the term of appointments from four (4) to two (2) years allows members the ability to serve consecutive terms. City Secretary Chapa polled the Council for their votes as follows: 15. ORDINANCE NO. 028665 Ordinance amending the Code of Ordinances, Chapter 14, Section 14-226(a)(2)b, entitled "Terms," regarding the terms of appointment of members of the Building Code Board of Appeals, by revising the language to decrease the members' term of appointment from four (4) years to two (2) years, to be applicable to all future appointments. 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 announced the executive sessions, which were listed on the agenda as follows: 16. Executive Session under Texas Government Code Section 551.071 regarding the City of Corpus Christi, Texas vs. Friends of the Coliseum, Cause No. 10- 60455 -4, in the County Court at Law Number 4, Nueces County, with possible discussion and action in open session. Minutes -- Regular Council Meeting June 29, 2010 — Page 6 17. 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. 18. Executive Session under Texas Government Code Section 551.071 regarding Regina Lee vs. City of Corpus Christi; Civil Action No. C -09 -190; in the United States District Court, Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame advised the public that Items 16 and 17 were for informational purposes only and that no action was taken in executive session or will be taken in open session. City Secretary Chapa polled the Council for their votes as follows on Item 18: 18. MOTION NO. 2010-159 Motion authorizing the City Manager to employ the law firm of Canales & Simonson, to provide legal representation in Civil Action No. C -09 -190; Regina Lee vs City of Corpus Christi, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adier, Kieschnick, Leal, and Martinez, voting "Aye "; Chesney, Elizondo, Marez, and Scott, were absent. Mayor Adame referred to Item 24 regarding an update on the SEATown Way Finding Signage Project. Director of Engineering Services Pete Anaya introduced the presentation team from Gignac & Associates and the Sasaki firm. Raymond,Gignac provided a brief overview of the project including the history of the SEATown and DTown signage and branding; discussions with the stakeholders; the logo developed; examples of the directional signage; the location plan; the wayfinding study; and the color study. Director of the Museum and Science and History Rick Stryker explained that the previous Mayor initiated this process to help unify the Bayfront area to create a marketing opportunity. The following topics pertaining to this item were discussed: how citizens will understand the concept of the signs; the SEATown acronym for Sports, Entertainment, and Arts; the stakeholders involved in the process; the reason the process has taken five (5) years; funding for the signage from the Bayfront Development Plan, Phase 1; the timeline for completion of the signage; incorporating Destination Bayfront; and resolving the name issue regarding North Beach or Corpus Christi Beach. * * * * * * * * * * ** Mayor Adame opened discussion on Item 23 regarding the Downtown Street (Chaparral) project. Director of Engineering Services Pete Anaya provided a brief overview of the history of Chaparral Street. Raymond Gignac and Paul Rabacka with Gignac & Associates were available to respond to questions. Mr. Gignac referred to a powerpoint presentation including the current disconnect between SEATown and DTown (Kinney Street to the American Bank Center); consideration of Chaparral Street as a two -way street; the key downtown streets; Phase 1 and the possibility for Phases 2 -6; photos of similar previous projects that have been successful; and the project description. Minutes — Regular Council Meeting June 29, 2010 — Page 7 The following topics pertaining to this item were discussed: the CIP funding for underground work on the project the timing for the decision of parallel versus angle parking on Chaparral involvement of the business community; the total project location; funding for Phase 1 and possible federal funding for Phase 2; shade structures; per-forming a climate analysis; and the timeline. Council Member Martinez directed staff to include the Regional Transportation Authority (RTA) in conversations regarding the planning and funding opportunities. Council Member Scott requested that the presentation for Items 23 and 24 be provided to Wallace Bajjali. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, stated that he was glad the funding was available for this project and hoped the RTA could become involved with the project. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2010 -162 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Gignac Architects of Corpus Christi, Texas in the amount of $335,900 for a total re- stated fee of $350,380 for the Downtown Street (Chaparral) Project. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mayor Adame opened discussion on Item 19 regarding the purchase of a compressed natural gas fuel dispenser and associated equipment. Director of Intergovernmental Relations Rudy Garza explained that this item reflects the Gas Department's efforts on compressed natural gas (CNG) and how the City is utilizing this asset to potentially create a new market. Director of Gas Department Operations Debbie Marroquin referred to a powerpoint presentation on the CNG efforts including funding; the incentive rate schedule; infrastructure; example of a fast fill pump; marketing; training; and steps moving forward. John Alexander and Cristina Cisneros were also available to respond to questions. The following topics pertaining to this item were discussed: the conversion plan for fleet vehicles to CNG; the cost savings incentive; an explanation of home refueling; whether fleet vehicles can be purchased with a CNG package; manufactures of CNG vehicles and the difference in costs; and the lifecycle of the CNG vehicles. Council Member Martinez asked staff to develop a plan for private /public partnerships to support the CNG efforts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 19. MOTION NO. 2010 -160 Motion approving the purchase of Compressed Natural Gas (CNG) fuel dispenser and associated equipment from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0115 -10, based on low bid, fora total amount of $354,443. The CNG fuel dispenser and associated equipment will be used by all departments utilizing CNG vehicles. Funding for the purchase of the CNG fuel dispenser and associated equipment is budgeted and available in the Gas Grants Fund No. 1053. —11— Minutes — Regular Council Meeting June 29, 2010 — Page 8 Gas Equipment Systems Allied Equipment Rancho Cucamonga, CA Odessa, TX Item Nos. 1, 3 & 4 Item No. 2 $277,943 $76,500 Grand Total: $354,443 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 20 regarding the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp. Assistant Director of Parks and Recreation Stacie Talbert explained that the boat ramps under the JFK Causeway on the Packery Channel require some improvements and this project is a result of several partnership efforts between the City, Texas Parks and Wildlife Department, the Texas General Land Office (GLO), Texas Department of Transportation (TxDOT), Coastal Bend Bays and Estuaries Program, the Saltwater Fisheries Enhancement Association (SEA) and local businesses. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; schedule; project costs; and funding. In response to Council Member Adler, Mr. Anaya stated that the City is working with the local Corps of Engineer's office and should receive the permit for the parking area in the next four (4) to five (5) months as part of Phase 2. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20.a. RESOLUTION NO. 028666 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with Texas Parks and Wildlife Department to receive $20,000 towards design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. 20.b. ORDINANCE NO. 028667 Ordinance appropriating $20,000 in the Packery Channel CIP Fund No. 3277 from revenue received from Texas Parks and Wildlife Department for reimbursement of design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2009 -2010 Capital Budget adopted by Ordinance 028449 to increase appropriations by $20,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. -12- Minutes — Regular Council Meeting June 29, 2010 — Page 9 Mayor Adame opened discussion on Item 21 regarding the landscaping improvements for the median located at the Gateway to Corpus Christi. Assistant Director of Parks and Recreation Stacie Tate-t explained that CITGO Refning Company approach the Park and Recreation Department on what could be done to improve the medians located at the Gateway to Corpus Christi at Interstate 37. Ms. Talbert added that CITGO and Parks and Recreation developed a design for the area and CITGO issued a check to reimburse the City for the materials used and employees volunteered hours of work to improve that site. Ms. Talbert provided pictures of the landscaping improvements. Council Member Scott spoke regarding the grass and weed control efforts for the landscaped area. Council Members Leal and Marez thanked CITGO for the reimbursement of materials. Mayor Adame called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding volunteering efforts in the community and hopes that other organizations follow CITGO's lead. City Secretary announced that Council Member Elizondo would be abstaining from the discussion and vote on this item. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028668 Ordinance appropriating $17,774.18 in the General Fund No. 1020 from revenue received from CITGO Refining & Chemicals Co., LP for landscaping improvements for median located at Gateway to Corpus Christi at IH 37 at Chaparral Street; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 to increase estimated revenues and appropriations by $17,774.18. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Elizondo abstained. Mayor Adame opened discussion on Item 22 regarding the Weatherization Assistance Program. Director of Neighborhood Services Eddie Ortega explained that this item is the first amendment to the agreement forweatherization assistance assessment services with R.E.D. Power Corporation. In response to Council Member Marez, Mr. Ortega explained that the weather assistance program is funded by the Texas Department of Housing and Community Affairs. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22. MOTION NO. 2010-161 Motion authorizing the City Manager or his designee to execute a First Amendment to the Agreement for Weatherization Assistance Assessment Services — Energy Efficiency, for a cost not to exceed $400 per unit with R.E.D. Power Corporation for the assessments of determining the energy efficiency of housing units including multi- family and single family units for the implementation of the Weatherization Assistance Program. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —13- Minutes — Regular Council Meeting June 29, 2010 -- Page 10 Mayor Adame referred to Item 25 regarding the Health and Risk Management Claims Quarterly Report, period ending April 30, 2010 in addition to Clinic recommendations. Director of Human Resources Cynthia Garcia, Assistant Director of Human Resources Joan McKaughan, Health Benefits Manager Pat Atkins, Risk Manager Donna James- Spruce, Randy McGraw with Crest Benefits and Humana representatives were available to respond to questions Ms. Garcia referred to a powerpoint presentation including the workers' compensation performance; general liabilities performance; total medical and pharmacy claims; medical and pharmacy claims by plan; the year to date versus budget totals; the focus for FY2011; wellness initiatives; and the clinic for employees and dependents. Mr. McGraw provided an explanation of the Request for Proposal (REP) for the wellness clinic including a background of the process; a review of the historical data provided by Humana; the feasibility to move forward on the project; the design to allow the Council to scale the proposal up or down; requiring the clinic to be opened five (5) days a week for eight (8) hours a day and staffed by at least one (1) medical assistant, (1) physicians assistant, and may or may not have a physician on site; the services to focus on primary care and support for wellness initiatives; and terms for initially three -years with an option for two (2) one -year extensions. Mr. McGraw added that other considerations for the clinic include funding and location of the clinic. Mr. McGraw reported that the initial description of the clinic should at least be 700 square feet containing at least two (2) exam rooms, restroom facilities; proper records storage; a reception/waiting area; and parking. Mr. McGraw stated that the RFP is targeted to be released no later than July 9t' with anticipated approval by City Council on September 28th. The following topics pertaining to this item were discussed: the number of catastrophic outliers for medical and pharmacy claims; an explanation of the early retiree reinsurance program; whether the reimbursement from the early retiree reinsurance program can offset GASB, impact the long term liability for GASB, or be used to fund the clinic; the increase for partially un- blending the rates for retirees; the composition of the insurance advisory committee, how the members were selected, and the diversity of the members; funding for the clinic; incorporating the clinic as part of the third -party administrator contract; the City conducting site visits to other clinics; the data received by Humana; the number of clinics that Crest Benefits has helped establish; whether Crest Benefits recommends the clinic for the City; the estimated return on investment for the clinic; whether employees accessing the clinic will be optional; whether the RFP requires the City to provide a facility for the clinic; consideration for combining occupational health with the employee clinic; whether other existing clinics were developed by partnered governmental entities; the expiration of the contract with Humana; the terms of the RFP; and an explanation of the three tier pharmacy plan. Mayor Adame called for petitions from the audience. Darlene Gregory, 3237 Bimini Drive, spoke regarding the reduction of HOT funds to the arts and cultural attractions. Ms. Gregory addressed the affects that the reduction would have on the Texas State Museum of Asian Cultures and Education Center and provided solutions of other ways to assist the Museum. Yalee Shih, Vice President of the Asian Cultures Museum, spoke regarding the importance of the Asian Cultures Museum to the community. John Gonsalves, 1514 Oak Harbor, encouraged the support of recycling efforts for the City. Bart Braselton, 5337 Yorktown and on behalf of the Builders Association of Corpus Christi, spoke in appreciation of the Council and the work they have done for business and growth for the City. Foster Edwards, President of the Corpus Christi Chamber of Commerce, spoke regarding the concept of quality of place which includes infrastructure, landscaping, city clean up; -14- Minutes — Regular Council Meeting June 29, 2010 -- Page 11 education system; and quality developments. Carrie Robertson, 4401 Gulfbreeze, encourage the Council to move forward with the one regular trash can and one recycle can plan to promote more recycling. Abel Alonzo, 1701 Thames, acknowledge the work of EIoy Salazar and the members of the Type A board for their support to the Democratic Convention and the convention's economic impact to the community. * * * * * * * * * * * ** Mayor Adame referred to item 26 regarding a discussion on the recycling options. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including a history of recycling; the recommendation currently programmed in the FY2011 budget; Options 1, 2, and 3 for consideration; the RecycleBank concept; the results of how RecycleBank increases recycling; the rewards from RecycleBank; the education programs for recycling; the recycling matrix; and staffs recommendation. The following topics pertaining to this item were discussed: whether offering commercial recycling will be an optional service; the financial value added to the general fund in the amount of $958,000 for the recommendation currently programmed in the FY2011 budget; the age of the recycling trucks; the amount spent on the CNG and non -CNG recycle trucks; the number of households in the City; an analysis on the impact that increasing recycling would have to expand the life of the landfill; a breakdown of the $958,000 savings; consideration of increasing the cost of the recycle carts to $2.00; the saving for the elimination of 36 positions; the number of recycle carts being purchased and the cost for each cart; and the options for recycling glass including "glassphalt ". Chief Hooks provided a brief update on the status of Hurricane Alex. Mayor Adame referred to Item 27 regarding the proposed FY2010 -2011 Operating Budget: Internal Service, Special Revenue, and Debt Service Funds. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the Internal Service Funds summary of fund balances, full time equivalents, and expenditures for the Stores, Maintenance Services, Municipal Information, Engineering Services and Risk Management Funds; the Special Revenue Funds summary of fund balance rollforwards and revenues and expenditures for the Hotel Occupancy Tax (HOT), Red Light Photo Enforcement, Reinvestment Zones 2 and 3, Seawall Improvement and Arena Facility, Business /Job Development, Development Services, Visitors Facility, Local Emergency Planning Committee (LEPC), and Crime Control District Funds; the comparative debt obligations, the revenues and expenditures, and total debt service for the Debt Service Fund; and the budget calendar. The following topics pertaining to this item were discussed: the software for Engineering Services; the reduction of full -time equivalents in Engineering Services; the status of GASB 45; the reason HOT funds are transferred to the General Fund; reduction of the funding to the arts groups; whether there is a maximum fee that can be charged for renewing vehicle registration; lowering the appropriation for reserve dredging in the Packery Channel TIF Fund; the location of the depository funds; the structure of the TIF bonds; approved projects for affordable housing; the savings for the chiller at the arena; whether the debt obligations are on a negative amortization; the total principal balances overall; the "plug and play" concept for potential adjustments; additional ideas or suggestions to realize additional saving; consideration to fund arts specifically for marketing Corpus Christi; an update on the privatization efforts; the terms for the red light photo contract with RedFlex; —15— Minutes -- Regular Council Meeting June 29, 2010 — Page 12 the effective tax rate; whether there would be an additional rate increase to fund a potential Bond 2012 Election; the total expenditures in the budget for FY09 -10 and FY10 -11; the increase in salaries for the firefighters as part of the collective bargaining contract; and the zero based budgeting process. A brief discussion ensued regarding the recommendation to increase taxes from $0.56 to $0.58 for a total amount of $1.6 million. There was a general consensus of the Council to provide the Council with a list of contingencies for alternative considerations in lieu of the tax increase. Council Member Martinez requested a report on the saving for hiring in -house engineers versus the use of outside consultants. Council Member Scott requested a report on the programs funded for affordable housing by the Type A Board and a memo with a breakdown of the distribution of the HOT funds. Council Member Kieschnick asked that the memo on the HOT funds include a balance statement including how long the programs have been subsidized by the HOT fund. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 6:30 p.m. on June 29, 2010. 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: , July 6, 201Q AGENDA ITEM: Public Hearing on the Proposed FY 2010 -11 Operating Budget. This budget will raise more total property taxes than last year's budget by $1,380,315 (General Fund $913,332, Debt Service Fund $496,524, and Special Revenue ($29,541), or 1.8 %, and of that amount an estimated $582,269 is tax revenue to be raised from new property added to the tax roll this year. ISSUE: Section 102.006 of the Texas Local Government Code reads as follows: The governing body of a municipality shall hold a public hearing on the proposed budget. Any person may attend and may participate in the hearing. REQUIRED COUNCIL ACTION: Conduct the public hearing. e 4-144114, Eddie Houlihan Assistant Director of Management and Budget EddieHo @cctexas.com (361)626 -3792 PowerPoint ET Supplemental information ❑ Public notice is given that the City Council of the City of Corpus Christi will hold a public hearing on the FY 2010 — 2011 proposed City Operating Budget on July 6, 2010 during the Council meeting beginning at 12:00 p.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas. This budget will raise more total property taxes than last year's budget by $1,380,315 (General Fund $913,332, Debt Service Fund $496,524, and Special Revenue ($29,541)), or 1.8 %, and of that amount an estimated $582,269 is tax revenue to be raised from new property added to the tax roll this year. 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DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD. DATE R. Bryan Johnson 4 -04 -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 *Vacant (Alternate) 4 -04 -12 (Note: On June 8, 2010 City Council appointed James L. Boller fV to the Alternate category. He declined that appointment.) INDIVIDUALS EXPRESSING INTEREST Savannah Nicole Antunez Gene Clancy 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) 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) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation William Paul Hunt Heriberto A. (Tony) Pineda Claude R. Smith Waylon D. West 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) GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) Retired, United States Army. (7- 24 -09) Senior Designer, Maverick Engineering. Received AA from Eastern Arizona College. Activities include: Bayfest Volunteer. (5- 22-09) t -34- b. CIVIL SERVICE BOARD /COMMISSION — Two (2) vacancies with terms to 6 -15 -11 and 6- 15 -13. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board. Traditionally, the same member serves on the Board and Commission.) DUTIES: To adopt, amend, and enforce a code of rules and regulations providing for appointment, employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated. COMPOSITION: Three (3) members shall be appointed by the Council for three -year terms or until a successor is named. The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. ORIGINAL MEMBERS TERMS APPTD. DATES Susanne Bonilla 6 -15 -12 5 -26 -09 ** *John Silvas, Chair 6 -15 -11 3 -08-05 *Eileen Butler 6 -15 -10 7 -11 -06 INDIVIDUALS EXPRESSING INTEREST Rudy A. Adame Vicky Jean Alexander Registered Nurse. Received B.A. from Corpus Christi State University and Nursing Degree from Del Mar College. Served in the Army and United States Air Force. Activities include: Selective Service Board. (10 -6 -08) Retired Nursing House Supervisor, Driscoll Children's Hospital. Received Bachelor of Science from University of Texas Health Science Center, San Antonio, Texas. Activities include: Citizens in Support of the Corpus Christi Police Department and Corpus Christi Police Departments Reorganizational Team. Formerly served on Crime Control and Prevention District, Commission for Children and Youth and Flint Hills Resources Community Action Council. (5- 18 -09) Legend: *Failed to submit Ethics Report * *riot seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Michael Creacy Meredith N. Grant Austin Harbin Jamie Hill Supervisor/Branch Chief, Corpus Christi Army Depot. Received an ASS in Electrical/Electronics Technology from Del Mar College and a Degree in Business Management from University of Incarnate Word. Activities include: Federal Managers Association and American Heart Association CRP Lifesaver and AED Instructor. Recipient of Boy Scouts of America District Award of Merit and Achievement medal for Civilian Service, Special Act or Service Award. (5-7-10) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (I0 -14 -08) Table Tender, Carina's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3-22-10) Sr. Human Resources Generalist, FMC Technologies. Attended Del Mar College. Activities include: Society of Human Resource Management Association, Corpus Christi Human Resource Management Association, and Volunteer for Salvation Army's Surviving the Night Program. (4 -20- 09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (64-09) Jacey Jetton — Manager, Galaxy Glow Mini Golf, LLC. Received Associates of Business from Northwood University at Cedar Hill, Texas. Served in the Hawaii Army National Guard. (5- 18-09) Edward Frank Lewis Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -09) Catherine F. Lutz Market Human Resources Manager, Cintas Corporation. Received a Bachelor of Science in Criminal Justice and a Master of Public Administration from Texas A &M University- Corpus Christi. Activities include: Corpus Christi Human Resources Manager Association and St. Pius Church. (5- 14 -10) Minerva Montalvo - Curiel Administration Sales/Warehouse Manager, Arthur Fluid Systems. Attended College. (5 -7-09) 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) Joe Ortiz Self-Employed, Home Builder. Attended Del Mar College and Granthem University. Activities include: Building Designer Institute, LULAC District 11 and American 01 Forum. (8-26-09) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) James M. Richardson Vice- President, Tac Med, Inc. Attended College. (2 -9 -10) Michael O. San Miguel Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Hector SaenzrJr. Process Control Analyst Superviosr, Citgo Refining and Chemical. Activities include: Instrument Society of America Local Chapter and Credit Union Board. Formerly Served on the Boys and Girls Club and the Special Olympics Committee. (6- 22 -10) Abel A. Sanchez Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4 -16- 09) c. CLEAN CITY ADVISORY COMMITTEE — Six (6) vacancies with terms to 7 -8 -12 representing the following categories: 1 — educator, 1 — member of a Chamber of Commerce, 1 — commercial solid waste hauler and 3 — community at large representatives. DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION: The committee shall consist of eleven (11) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a local Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and seven (7) community at large representatives. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. ORIGINAL MEMBERS TERM APPTD. DATE *Paul A. Castorena (Educator) 07 -08 -10 07 -08 -08 *Scot McCampbell Barker (Chamber) 07 -08 -10 06-09-09 *Brian Cornelius (Hauler) 07 -08 -10 07 -08 -08 Daiquiri Richard (Beautify), Chair 07 -08 -11 07 -08 -08 *Paige Dinn (Comm. at Large) 07 -08 -10 07 -08 -08 Daniel Lucia (Comm. at Large) 07 -08 -11 05 -11 -10 Teresa Klein (Comm. at Large) 07 -08 -11 02 -24 -09 Juan Rodriguez (Comm. at Large) 07 -08 -11 05 -11 -10 *Joan Veith (Comm. at Large) 07 -08 -10 07 -08-08 *Melissa Espitia (Comm. at Large) 07 -08 -10 05 -11 -10 Ken Hobbs, Jr. (Comm. at Large) 07-08 -11 05 -11 -10 Director of Neighborhood Services Ex- officio, non - voting Director of Environmental Services Ex- officio, non- voting ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. _ NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Paul A. Castorena (Educator) 9 5(4exc) 56% Scot Barker (Chamber) 9 6(3exc) 67% Brian Cornelius (Hauler) 9 7(2exc) 78% Paige Dinn (Comm. at Large) 9 7(2exc) 78% Joan Veith (Comm. at Large) 9 5(4exc) 56% Melissa Espitia (Comm. at Large) No meetings have been held since her appointment. legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST Sara D. Baugh Beverly Benavidez Erica Graeber Bowen Angelica Carmona Aaron Castro Virginia A. Delgado Becky Flores Dana Fowlks Owner/Vice President, Dash Truck & Equipment Sales, Inc. Attended Texas A &M Corpus Christi, Del Mar College, Austin Community College and Kingwood College. Activities include: Calallen Baptist Church, Relay for Life, and Buccaneer Days. (Beautify Corpus Christi) (7- 11 -08) Student. Received Associate of Science and Bachelor of General Studies from Drury University at Springfield, Missouri. Recipient of Army Commendation, Army Achievement and Army Good Conduct Medals. (3 -2 -09) Human Resource Specialist, United States Coast Guard. Received A.S. in Business and B.S. in Business Management from University of Phoenix. (2- I2-09) Salon Manager, Planet Sol Hair Salon. Attended Texas A &M University- Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (Chamber of Commerce) (6 -5 -09) Photo Journalist, KZTV 10. Currently Student at Texas A &M University- Corpus Christi. Served on Food Advisory Committee in High School. Activities include: Politics. Recipient of Employee of the Month at Action Ten News. (Chamber of Commerce) (5- 1I-09) Human Resources Coordinator, Corpus Christi Medical Center. Received Associates in Business Administration from Del Mar College. Attending Texas A &M University - Corpus Christi. Activities include: CCD Teacher, Hispanic Chamber of Commerce, Hispanic Women's Network of Texas, and Texas A &M University - Corpus Christi Student Accounting Society. (9 -3 -09) Realtor, USA Freedom Realtors. Received Associate Degree in Computer Programming. Licensed Realtor and Loan Officer. (1- 19 -09) Product Consultant, TriZetto Group. Received a Bachelor's Degree in Science Information Systems from the University of Phoenix. Activities include: CC Pride Day. (1- 20 -10) Shannon Gabriel Mike Garey Anthony Gavlik John C. Gilbreath Diane Gordon -King Austin Harbin James Hobbs Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (8- 14 -09) Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University- Corpus Christi. Activities include: Habitat for Humanity. (Chamber of Commerce) (4- 22 -09) EIT, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University - Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (4- 15-09) Retired. Attended Oklahoma State University at Stillwater, Oklahoma, East Los Angeles College at Los Angeles, California, Tulsa Junior College and Langston University at Tulsa, Oklahoma. Activities include: South Texas Botanical Gardens, Nueces County Master Gardener, Corpus Christi Order of De Malay, Oso Naval Lodge, Corpus Christi Order of Eastern Star and Corpus Christi York Rite. Recipient of De Malay Legiion of Honor. Served on Planning Commission and City Council in West Fork, Arkansas. (9 -8-09) Executive Coordinator, Padre Isles Property Owners Association. Attended College. Activities include: Church Finance, Communications and Evangelism Committees. (8 -6 -09) Table Tender, Carino' s Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3- 22 -10) Administrator, Corpus Christi Medical Center. Received a Bachelor of Science in Nursing, Master of Science in Nursing, and Master of Business Administration from University of Texas at El Paso. Actively Recycles and Composts Yard Waste. (10- 28 -09) Cynthia Hopkins William Paul Hunt Science Teacher, Corpus Christi Independent School District. Received BA in Political Science from the American University at Washington DC. Activities include: Cubmaster Pack 232, AWANA Commander, Sunday School Teacher, Homeschooling Organization of South Texas, and Kaffie Middle School PTA. Recipient of Silver Beaver Award South Texas Council Boy Scouts of America. (Educator) (Chamber of Commerce) (5 -8 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Bennel Jackson Semi - Retired, Nurse. Activities include: Pilgrims Baptist Missionary Church. (3- 10 -10) Jacey Jetton Danny Kollaja William M. Kramer, Jr. Rudy Martinez Ron Maxwell 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) Self - Employed, Lanky the Clown and Administrator, St. Philip the Apostle Catholic Church. Received a Bachelors Degree from Corpus Christi State University. Activities include: Big Brothers/Big Sisters, American Red Cross, American Heart Association, Corpus Christi State School, Clowns of America International, Inc. and Driscoll Children's Hospital. Recipient of Volunteer of the Year, 1985. (4- 22 -10) Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A &M University - Corpus Christi. (5- 28 -09) Physician's Liaison, Nurses on Wheels. Attended Del Mar College and University of Phoenix -On Line. Activities include: Board of Directors - American Cancer Society, Board of Directors — Friends of Nurses on Wheels Hospice and Vice Chair -Beach Ball -Texas State Aquarium. (9 -2 -09) Self - Employed, Landscape Contractor, Master Gardner. Received BS in Plant and Soil Science from Texas A &I University at Kingsville. (4- 30 -10) Peter G. Melee Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (Chamber of Commerce) (3 -2 -09) Janice Meyr President, B & R Supply and Equipment Co., Inc. Retired CPA. Received a BBA from University of Texas at San Antonio. Activities include: Bay Area Fellowship Church. (1- 28 -10) Mohamad Omar Self - Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. (10 -6-09) Keith Parker Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Currently Serves on the CCCICILoan Review Committee. Activities include: ASHRAE and AEE. (4- 23 -09) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) Meghan Reger James M. Richardson Cesar 0. Rodriguez Teacher, Corpus Christi Independent School District. Received Bachelor of Science from Linfield College at Portland, Oregon and Masters of Public Health from Emory University at Atlanta, Georgia. Activities include: Neighborhood Clean Up. (Educator) (11- 18-09) Vice- President, Tac Med, Inc. Attended College. (2 -9 -I0) General Manager, Oneta Company. Received BS in Administrative Science/Economics from Yale University at New haven, Connecticut and MBA from Harvard Graduate School of Business Administration at Boston, Massachusetts. Activities include: Yale Alumni Schools Committee. (8- 10 -09) Amber Sayre Currently Attends Del Mar College, Registered Nurse Program. (10 -6 -09) Estella Sears Cookie Silverman Greg Welch Dan Wilkerson W. G. West Laurie Wood Received BA in Business from Judson University, Rockford, Illinois. Formerly Involved with Rockford Carer College Hispanic Festival Expo, Rockford Register Star Brigade, Judson University Cohort Class president, and Chamber of Commerce Board Member/Director in Kirkland, Illinois. (11- 30 -09) Homemaker. Attended Texas Tech University. Activities include: Alpha Child and Board of Directors — Jewish Community Center. (9 -2 -09) Business Development Director, Valiant Petroleum, Inc. Received Bachelor of Science from University of South Alabama and Masters of Business Administration from Auburn University. Activities include: March of Dimes and American Heart Association. (10 -7 -09) Financial Associate, Thrivent Financial. Attended College. Activities include: Beautify Corpus Christi Board Member. (Beautify Corpus Christi) (10 -8 -09) Retired. Received Bachelor of Arts from University of Texas at Austin. Activities include: MayoArea Agency on Aging Advisory Council, Mayor's Council on Senior Affairs, Volunteer Co- Ordinator for Nueces County Juvenile Justice and SCORE. Recipient of Lifetime Achievement Award from Volunteer Center, Juvenile Justice Department, Jefferson Award, Greatest Generation Award. (9 -9 -09) Registered Nurse. Activities include: Clean Economy Coalition Community Outreach and Celtic Menagerie. (4- 5 -10) d. CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION — Three (3) vacancies with terms to 7- 31 -12. DUTIES: Organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of, the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. COMPOSITION: The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council of the City. The terms of the directors shall be two years, expiring on July 31 of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. ORIGINAL MEMBERS TERM APPTD. DATE Butch Escobedo 7 -31 -11 7 -24 -07 *Foster Edwards 7 -31 -10 7-11-06 *Robert Tamez 7 -31 -10 7 -48 -08 *Eloy H. Salazar, President 7-31-10 7-11-06 Brad Lomax, Vice President 7 -31 -11 7 -24 -07 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Foster Edwards 12 11 92% Robert Tamez 12 11 92% Eloy H. Salazar 12 12 100% OTHER INDIVIDUALS EXPRESSING INTEREST Mona Baen Richard Bell President, Stewart Title. Activities include: Executive — Women's International, Rotary Club, and CCAR. (5 -13- 09) Director, Texas A &M Corpus Christi — Coastal Bend Business Innovation Center. Received a BS in Management and MA in Accounting. Activities include: CCYC, YWCA and Corpus Christi Sunrise Rotary. Licensed United States Coast Guard Master. (10- 12 -09) Lezend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Jo Anna Benavides - Franke Dianna Bluntzer -Dura Jim Boller, III Curt L. Broomfield Barry L`. Brown Director, Career Services, Texas A &M University —Corpus Christi. Received a Bachelor of Business Administration from Stephen F. Austin State University and Masters of Science in Education Administration from Texas A &M University- Corpus Christi. Activities include: Harbor Playhouse Volunteer /Board of Directors, Choir and Volunteer at Second Baptist Church. (4- 20-09) Realtor. Received BA in Art History from The University of Texas at Austin. Attended Sotheby's, London, United Kingdom, Works of Art Program, Universidad Iberoamericana, Ciudad de Mexico and Loyola University, New Orleans. Recipient of Multiple Sales Achievement Awards. Currently Serves on the Arts and Cultural Commission. (9-21-09) President /Owner, Jim Boller & Associates, Inc and President of Banking Associates, Inc. Received BS in Education/Business and Minor in Economics. Recipient of #1 Salesman in the Nation for Hallmark Cards and Mosier Safe Company. Member of Community Youth Development (78415) Program Steering Committee. (4- 20-l9) CEO, South Beach, Inc. Retired from United States Marine Corps. Activities include: Coast Guard Auxiliary, USO Board and Rotary Club. (9 -8 -09) President, Corpus Christi Region, Kleberg First National Bank. United States Navy Reserve Officer- Captain. Received Bachelor's Degrees from Southeastern Louisiana University and Attended Law School at Louisiana State University. Activities include: Corpus Christi Mustangs, USO of South Texas, Navy League of United States Corpus Christi Council, Kiwanis Club of Corpus Christi, Texas A &M University of Corpus Christi College of Business Advisory Board, Navy Supply Corps Foundation and Naval Reserve Association. Veteran of Operation Iraqi Freedom, Operation Enduring Freedom and Operation Desert Shield/Desert Storm. Currently Serves on the Arts and Cultural Commission. (8- 26-09) Robert Cagle Chase Carlisle Cristi J. Caviness Vice President of Turnaround Division, Repcon, Inc. Received BS in Engineering Science and Mechanics from North Carolina State University and Masters of Business Administration from Lamar University, Beaumont. Activities include: Member of Rotary Club of Corpus Christi and Member of Marina Advisory Committee. (4-14 - 09) Account Executive, Carlisle Insurance Agency. Received Bachelor of Business Administration in Management from Texas A &M University at College Station. Graduate of Leadership Corpus Christi -Class 38. Activities include: Board Member of Independent Insurance Agents of the Coastal Bend and Big Brothers Big Sisters Mentor. Currently Serves on the Transportation Advisory Committee. (14-10) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Jeff Fonseca Owner, Green Tree Lawn Care. (7- 31 -09) Dana Fowlks Norma Franklin Robert A. Franklin Victor Frazier Product consultant, TriZetto Group. Received a Bachelor's Degree in Science Information Systems from the University of Phoenix. Activities include: CC Pride Day. (1- 20 -10) 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 Advisory Committee. (4- 13 -09) Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University - Corpus Christi. Recipient of Navy and marine Corps Commendation Medal and Achievement Medal. (7- 15-09) Student Supervisor, Texas A &M University - Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister - Church of Christ. (4- 16-09) Mike Garey Pablo Arturo Garza Jean Marie Giegerich Coretta Graham, Esq. Chris Hamilton Gail Hoffman Preparation Chef, OMNI Hotels. Received degree in Architecture from University of Arkansas and a degree in General Business from Texas A &M University - Carpus Christi. Activities include: Habitat for Humanity. (4 -22- 09) Project Engineer, Maverick Engineering, Inc. Received Bachelor of Science from Texas A &M University - Kingsville. Activities include: Special Olympics Texas and Youth Group at Our Lady of Perpetual Help Catholic Church. (4 -10 -09) Owner, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (6 -8 -09) Self - Employed, Attorney — Graham Legal Services. Received BA from Douglass College, Rutgers University at New Brunswick, New Jersey and J.D. from TSU Thurgood Marshall School of Law at Houston, Texas. Activities include: State Bar of Texas Diversity Committee, Coastal Bend Women Lawyers, Leadership Corpus Christi, Kiwanis, Corpus Christi Bar Association, NAACP, and Black Chamber of Commerce. Currently Serves on the CCCICILoan Review Committee. (4 -24 -09) Vice - President, KIM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Member of the CCCICILoan Review Committee. (12-10-08) Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) Kevin Horrigan 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) Dr. Candelario Huerta Bilingual Early Childhood Consultant, Huerta iConsultancy. Received Bachelor of Science from Texas A &I University, Kingsville, Texas, Master of Arts from Washington State University, Pullman, Washington, and Doctor of Education from Texas A &I University, Kingsville, Texas. Activities include: Wednesday Morning Breakfast (Business) Group. Serves on the Committee for Persons with Disabilities . (11 -4-08) William Paul Hunt Jacey Jetton Shon Jimenez Rex A. Kinnison Yvette Jaurigui Lara 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) 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) 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) Owner, Kinnison & Co., LLC. Received SSA from University of Mississippi. Former City Council Member. Currently Serves on the Mayor's Fitness Council. (3- 12 -10) Assistant Director of Alumni Services, Del Mar College. Previously Director of Business Development, Greater Corpus Christi Business Alliance in Economic Developmetn. Received BA in International Relations from St. Mary's University at San Antonio, Texas. Formerly a Board Member of Corpus Christi State School, Dress for Success and Junior League of Corpus Christi. Fluent in French, Spanish and Japanese. (12 -7-09) Edward Frank Lewis Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -09) Jerry Lipstreu Area Manager, Kleinfelder. Received B.A. from University of Texas at Austin. Activities include: West Corpus Christi Rotary and Port Aransas Boatmen. (4 -30- 09) 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. Currently Serves on the Senior Companion Program Advisory Committee. (4 -8 -10) Michelle Mazur- Armstrong Received B.S. from Texas Tech University. Interested in Serving the Community. (3 -3 -09) Peter G. Melve Transportation Supervisor, Regional Transportation Authority. Received an Associate Degree in Social Work/Liberal Arts and Bachelor's Degree in Business Administration/Management. Activities include: Westside Business Association and Foster Parent. (3 -2 -09) Armando Mendez Gerard Navarro, Jr. Adam Nuse General Clerk III, L -3 Communications and Equipment Specialist, Corpus Christi Army Depot. Received BSA in Business Administration from Texas A &M University - Corpus Christi. Activities include: Bay Area Fellowship Member and Sigma Phi Epsilon Alumni Association of Corpus Christi. Recipient of Senior Marshall Sigma Phi Epsilon Award, Leadership Award Sigma Phi Epsilon and Omicron Delta Epsilon Economics Honor Society. (5 -7 -10) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5-14-09) Vice President, Corpus Christi Hooks Baseball Club. Received Business/Marketing Degree from University of Oklahoma and Masters Degree in Sports Management from Wichita State University. Activities include: USO of South Texas and American Red Cross. Graduate of Leadership Corpus Christi Class 37. Currently Serves on the Airport Board. (8 -4 -09) Mohamad Omar Keith Parker John Powell Donald Russell Michael O. San Miguel Guadalupe V. Salinas Stefany Tegeler Schade Ted Schroeder Self - Employed. Received BSC in Electrical Engineering and Master of Science, Doctor of Business Administration. Recipient of Teaching Excellence Award from University of Texas at Austin for Presentations. Texas A &M Corpus Christi Adjunct Professor. (10 -6 -09) Senior Mechanical Engineer, Bath EngineeringlNoresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Member of the CCCIC/Loan Review Committee. (4- 23 -09) President, SPowell.Com Real Estate. Received Degree in Business from Texas A &M University- Corpus Christi. Activities include: Buc Day Committee and Trepac Committee. (4 -1 -09) President, Negotiations & Contracts Consultants, Inc. Received BS from University of Kansas. Attended George Washington University and William Howard Taft University. Performed Professionally as Vocalist with the National Symphony, Royal Philharmonic, Concertgebouw of Amsterdam, Philadelphia Orchestra, Minnesota Symphony and Baltimore Symphony. Licensed Pilot. (4- 16 -09) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Administrative Assistant, Pathfinder Energy/Smith International. (8-24-09) Self - Employed /Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (5- 28 -09) Owner /Adminstratorllnstructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (4- 23 -09) Latrice M. Sellers Jodi Steen Jennifer Taylor Steve Trubatisky Greg Welch Marsha William§ Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Radio & Television Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, Cable Access Show "Community Outreach ", and State Democratic Executive Committee for Women. Member of the Cable Communications Commission. (4- 15 -09) President, JRS Ventures, Inc. Received SBA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. Member of the CCCICILoan Review Committee. (4- 16 -09) IT Recruiter, Integrity Workforce Solution. Received Associates Degree - Paralegal. (8- 10-09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Business Development Director, Valiant Petroleum, Inc. Received Bachelor of Science from University of South Alabama and Masters of Business Administration from Auburn University. Activities include: March of Dimes and American Heart Association. (10 -7 -09) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Past Chairman of Corpus Christi Association of Realtors. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (4- 17 -09) -51- e. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU — Six (6) vacancies with terms to 8 -1 -12 representing the following categories: 3 — At Large, 1 — Hotel Industry, 1-- Restaurant Industry and 1--- Attraction Industry. DUTIES: To solicit various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year - round; to promote the City as a year -round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention - related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention- related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex- officio non- voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non voting members. Appointments will be for staggered, two -year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS TERM APPTD. DATE *Nils Stolzlechner (At Large) 8 -01 -10 7-28-09 *Robert Tamez (At Large) 8-01 -10 7 -i8-06 John Trice (At Large) 8-01 -11 7 -18 -06 Art Granado (At Large) 8-01 -11 748 -06 *Butch Pool (At Large) 8 -01 -10 7 -18 -06 *Bill Morgan (Hotel Industry), Chair 8 -01 -10 2-13-07 Jyoti Patel (Hotel Industry) 8 -01 -11 7 -18 -06 *Mark Schaberg (Restaurant Industry) 8 -01 -10 8-12-08 Daniel Dain (Restaurant Industry) 8 -01 -11 — 7-28-09 *Tom Schmid (Attraction Industry) 8 -01 -10 11 -11 -08 Michael Womack (Attraction Industry) 8 -01 -11 8 -12 -08 Eduardo Carrion (RTA representative) Ex- officio, non - voting Michael Perez (Port of CC representative) Ex- officio, non- voting Fred Segundo (C.C. International Airport) Ex- officio, non - voting Mayor Ex- officio, non - voting City Manager Ex- officio, non - voting Legend: 'Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance Has met six -year service limitation (The Corpus Christi Convention and Visitors Bureau is recommending the reappointments of Nils Stolzlechner (At Large), Robert Tamez (At Large), Butch Pool (At Large), Bill Morgan (Hotel Industry), Mark Schaberg (Restaurant Industry) and Tom Schmid (Attraction Industry). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Nils Stolzlechner (At Large) 11 Robert Tamez (At Large) 11 Butch Pool (At Large) 11 Bill Morgan (Hotel Industry) 11 Mark Schaberg (Restaurant Ind.) 11 Tom Schmid (Attraction Ind.) 11 NO. PRESENT 9 8 9(lexc) 7 8(2exc) 10 OTHER INDIVIDUALS EXPRESSING INTEREST Abel Alonzo Cliff Atnip Richard Avila Jack Baker % OF ATTENDANCE LAST TERM YEAR 82% 73% 82% 64% 73% 91% Received A.A. from Del Mar College and B.A. from Corpus Christi State University. Currently Serves on the Committee for Persons with Disabilities, Regional Transportation Authority, Nueces County Appraisal board and the Juvenile Board. (4- 20 -09) Partner /Real Estate. Cobb, Lundquist and Atnip. Received B.A. in Finance from Baylor University. Member of the Rotary Club and Toastmasters. Currently Serves on the CCCIC /Loan Review Committee and the Building Code Board of Appeals. (6 -5 -09) Retired. Part -Time Adjunct Professor Texas A &M University - Corpus Christi. Received BS and Masters Degree from Pan American University. Certified Athletic Administrator and Certified Masters Athletic Administrator. Activities include: UIL State Executive Committee and Texas Association of Sports Officials. (4- 26-10) Owner, B & J's Pizza and J.A.K.C. Incorporated. Attended University of Michigan. Activities include: Volunteer for Ark Assessment Center, Public Broadcasting Committee, Board of Governors — Corpus Christi Country Club and Volunteer and Member of Catholic Dioceses. Recipient of Best of Best Awards from Caller Times. Currently Serves on the Food Service Advisory Committee. (Restaurant Industry) (4- 20 -09) Jo Anna Benavides- Franke Director, Career Services, Texas A &M University- Corpus Christi. Received Bachelor of Business Administration in Human Resources Management from Stephen F. Austin State University and Master of Science in Education Administration from Texas A &M University - Corpus Christi. Activities include: Corpus Christi Human Resource Management Association, Board of Directors, Harbor Playhouse, Board of Directors, Bailando Al Aire Libre Cole Park, Second Baptist Church Volunteer, Choir and Chaperon, and InStep Dance Studio. Recipient of Texas A &M University- Corpus Christi Women Center Unsung Hero Award, 2003. Currently Serves on the Arts and Cultural Commission. (4- 17 -09) Ron Behnke Dianna Bluntzer -Dura Curt L. Broomfield Barry L. Brown Owner, Saltwater Angler Paper. Licensed United States Coast Guard Captain. Activities include: Texas Outdoors Writers Association. (4- 20 -09) Realtor. Received BA in Art History from The University of Texas at Austin. Attended Sotheby's, London, United Kingdom, Works of Art Program, Universidad Iberoamericana, Ciudad de Mexico and Loyola University, New Orleans. Recipient of Multiple Sales Achievement Awards. Currently Serves on the Arts and Cultural Commission. (9 -21 -09) CEO, SBG, Inc. Retired United States Marine Corp. Previously Served as Rotary Club President and Corpus Christi Convention and Visitors Bureau. Activities include: Coast Guard Auxiliary. (2- 10 -09) President, Corpus Christi Region, Kieberg First National Bank. United States Navy Reserve Officer- Captain. Received Bachelor's Degrees from Southeastern Louisiana Uniyersity and Attended Law School at Louisiana State University. Activities include: Corpus Christi Mustangs, USO of South Texas, Navy League of United States Corpus Christi Council, Kiwanis Club of Corpus Christi, Texas A &M University of Corpus Christi College of Business Advisory Board, Navy Supply Corps Foundation and Naval Reserve Association. Veteran of Operation Iraqi Freedom, Operation Enduring Freedom and Operation Desert Shield/Desert Storm. Currently Serves on the Arts and Cultural Commission. (8 -26 -09) Rodney Buckwalter Sylvia R. Cantu Cristi J. Caviness Laura Commons Nolan Culp, Jr. Melissa Espitia Shannon Gabriel John Garcia Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Owner, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (5 -28 -09) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5 -13 -09) Realtor, Remax Metro Properties. Graduate of Del Mar College -Real Estate License. Activities include: IWA PTA and Texas Real Estate Political Action Committee. Recipient of Women's Council of Realtors Member of the Year 2004. Currently Serves on the Landmark Commission. (9- 28-09) Owner, Nolan's Original Poorboys. Attended the University of Texas. Activities include: Nueces County Junior Livestock Show, Calallen Campus of Real Life Fellowship, and Mission Trips with River Hills Baptist Church. (Restaurant Industry) (7- 22 -09) Ad Sales Coordinator, USDM.net. Graduate of Texas A &M University - Corpus Christi. Activities include: Art Museum of South Texas, Women's Shelter, and The Cattery. Currently Serves on the Clean City Advisory Committee. (10 -9-09) Marketing Manager, Outback Steakhouse. Attending Del Mar College. Activities include: Beach Clean Ups, American Cancer Society -Relay for Life, Corpus Christi Chamber of Commerce and Corpus Christi of Commerce Ambassador Program. (Restaurant Industry) (8 -14 -09) General Manager, Red Roof Inn & Suites. Attended Del Mar College. Activities include: Greater Hospitality Association, Harbor Lights Committee and Corpus Christi Hispanic Chamber. (Hotel Industry) (4- 14 -09) Anthony Gavlik Jean Marie Giegerich Meredith N. Grant Arthur Haas Chris Hamilton Austin Harbin Table Anthony Hernandez 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, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (6 -8 -09) Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10 -14 -08) Associate Athletic Director, Texas A &M University - Corpus Christi. Received Bachelor of Arts from St. Edward's University at Austin, Texas. Activities include: National Little League Board Member and Coach, St. Patrick's Catholic Church Lector and Usher, Tejas Management System Consumer Advisory Board, and El Socorro Board. Graduate of Leadership Corpus Christi - Class 32. (7 -16 -09) Vice - President, KIM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCIC /Loan Review Committee and the Building Code Board of Appeals. (12- 10-08) Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3- 22 -10) Self — Employed, Texas Food Management Program., L.L.C. Attended Del Mar College. Texas Certified Food Protection Management Instructor. Food Protection Content Expert. Servsafe Certified Instructor. Recipient of Culinary Arts Silver Medal from Texas Chef's Association and National Catering Association Award of Merit. Currently Serves on the Food Service Advisory Committee. (3- 11 -10) Gabrielle Hilpold Nathan Hinojosa Gail Hoffman Jacey Jetdon Jeffrey Kane Rex A. Kinnison Edward Frank Lewis President, Consulting Services USA. Owner and Operator of Real Estate Investment Company and Brokerage and Rental Management Company. Received Masters Degrees from Austrian University of Innsbruck. Certified Austrian Federal Tennis Coach. Currently Serves on the Island Strategic Action Committee. (7- 22 -09) President/General Manager, The Railroad Seafood Station, Inc. Activities include: Catholic Campus Ministry -SMU John Ben Sheppard Leadership Forum, San Patricio Economic Development, Junior Achievement, Toastmasters International, Corpus Christi Real Estate Investment Club and Odem Lions Club. (Restaurant Industry) (7 -22 -09) Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) 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) Comptroller, Sam Kane Beef Processors. Received BBA in — Marketing from Texas A &M University- Corpus Christi. Activities include: PRIDE Corpus Christi Volunteer, American Cancer Society Cattle Baron's Ball. Graduate of Leadership Corpus Christi Class XXXVIII. Currently Serves on the Airport Board. (11- 18 -09) Owner, Kinnison & Co., LLC. Received BBA from University of Mississippi. Former City Council Member. Currently Serves on the Mayor's Fitness Council. (3- 12 -10) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (4- 20 -09) Mary Leyendecker Christie Martinez Owner, Wow! The Smallest Gallery in Texas. Received BA in Communications from University of Houston. Activities include: Art Center, Downtown ArtWalk, Festival of the Arts, Nueces County Historical Society — President, and Gulf Coast Indian Confederation. Member of EditoriallAdvertising Staff of We the People Newsmagazine, Cracker Barrell Journal, San Angelo Standard - Times, Angleton Times, Brazosport Facts and KZTV -TV. Recipient of Toby Award from Corpus Christi Council of PTA. (8- 26 -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. Currently Serves on the Senior Companion Program Advisory Committee. (4 -8 -I0) Michelle Mazur- Armstrong Received B.S. from Texas Tech University. Interested in Serving the Community. (3 -3 -09) Armando Mendez General Clerk III, L-3 Communications and Equipment Specialist, Corpus Christi Army Depot. Received BBA in Business Administration from Texas A &M University - Corpus Christi. Activities include: Bay Area Fellowship Member and Sigma Phi Epsilon Alumni Association of Corpus Christi. Recipient of Senior Marshall Sigma Phi Epsilon Award, Leadership Award Sigma Phi Epsilon and Omicron Delta Epsilon Economics Honor Society. (5 -7- Maria Elena Mendez Michelle L. Milliron 10) Owner/President, Creating Excellence: Competency, Excellence and Responsibility (C.R.C.E.R.). Received B.S. from Texas A &I University at Kingsville and M.S. from Corpus Christi State University. Activities include: Hispanic Women's Network of Texas, Retired Teachers Association, and National Association for Bilingual Education. Recipient of 2005 Hispanic Women's Network of Texas -- Corpus Christi Chapter Estrella for Education. (3- 11 -09) Beverage Manager, Courtyard Marriott. Received Associzte in Science Degree - Hospitality management from Pittsburgh Technical Institute at Pittsburgh, Pennsylvania. Currently Attending Texas A &M University - Corpus Christi. (Hotel Industry) (11-3-09) Mark Minutaglio Adam Nuse Joe Ortiz Owner, South Texas Provisions. Received BA from Penn State University. (12 -9 -08) Vice President, Corpus Christi Hooks Baseball Club. Received Business/Marketing Degree from University of Oklahoma and Masters Degree in Sports Management from Wichita State University. Activities include: USO of South Texas and American Red Cross. Graduate of Leadership Corpus Christi Class 37. Currently Serves on the Airport Board. (84-09) Self - Employed, Home Builder. Attended Del Mar College and Granthem University. Activities include: Building Designer Institute, LULAC District 11 and American GI Forum. (8- 26 -09) Heriberto A. (Tony) Pineda GS -11 Quality Assurance, Department of the Navy. Retired United State Navy. Activities include: American Society for Quality and USO of South Texas Volunteer. Recipient of Southeast Asia Service Medal, Navy Expeditionary Medal and Global War on Terror Medal. (10 -6 -09) Guadalupe V. Salinas Amber Sayre Stefany Tegeler Schade Latrice M. Sellers Jodi Steen Administrative Assistant, International. (8- 24 -09) Currently Attends Del Mar Program. (10 -6 -09) Pathfinder Energy /Smith College, Registered Nurse 1 Self - Employed /Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include: National Association of Professional Women and Texas Society of Certified Public Accountants. (5- 28 -09) Self - Employed. Received A.A. in Radio & Television Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Currently Serves on Cable Communications Commission, Community Organizer and Ministry. (4 -15- 09) President, JRS Ventures, Inc. Received BSA in Finance and Marketing. Activities include: Board of Trustees for Art Museum of South Texas and BACC. Currently Serves on the CCCIC /Loan Review Committee. (4- 16 -09) Ernest M. Trevino, Jr. Michael Tromm Steve Trubatisky Marsha Williams Felix Zavala, Jr. Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force, (12 -26- 08) Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (4- 17 -09) Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) f. INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE - One (1) vacancy with term to 8- 19 -11. DUTIES: Assisting and advising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueces County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse. and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION: Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso- Midway ISD, one by the Board of the West Oso ISD, one by the Board of the Calalien ISD, and one by the Board of the Flour Bluff ISD. ORIGINAL MEMBERS TERM APPTD. DATE Jesus S. Molina (City) 8 -19 -11 5 -10 -05 Jean Newberry (City) 8 -19 -11 8 -05 -86 * ** *Jim Lago (City) 8 -19 -11 1 -13 -09 Abby Saenz (County) 8 -19 -10 Aaron Bonds (County), Chair 8 -19 -10 Joe Alley (County) 8 -19 -10 Della Berlanga (CCISD) 8 -19 -10 Yolanda Reyna (CCISD) 8 -19 -10 Rosario Voorhees (Calallen) 8 -19 -10 Allen Peters (Flour Bluff) 8 -19 -10 Steve Lackey (West Oso) 8 -19 -10 Gail Birdwell (Tuloso- Midway) 8 -19 -10 Anna Rodriguez (Robstown) 8 -19 -10 INDIVIDUALS EXPRESSING INTEREST Belinda Barrera Drill Sergeant, Juvenile Justice Bootcamp. Currently Enrolled in College Pursuing BA in Criminal Justice with Education. Currently Serves on the Community Youth Development (78415) Program Steering Committee. (10- 30 -08) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Susanne Bonilla Norma Franklin Elizabeth Garza Jean Marie Giegerich Timothy Goss Meredith N. Grant Attorney, Law Office of William D. Bonilla. Received Bachelor of Arts from Texas A &M University - College Station and Doctor of Jurisprudence from University of Texas School of Law. Activities include: College of the State Bar of Texas, Texas Bar Foundation Fellow, American Bar Association, and Corpus Christi Bar Association. Member of the Civil Service Board/Commission. (I2 -5 -08) 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. Member of the Retired and Senior Volunteer Program (RSVP) Advisory Committee. (4 -13- 09) Administrative Assistant/Executive Assistant, Susser Holdings /Stripes LLC. Activities include: Volunteer for the American Diabetes Association. Nominee for YMCA "Y" Young Woman in Career Award. Formerly a member of the CC Hispanic Chamber of Commerce, Camp Fire Girls Board of Director, and Bishop Garriga Middle School PTO. Member of the Sister City Committee.(1-5-09) Owner, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (6 -8-09) Registered Representative /Agent, New York Life. Former Special Agent with United States Army Intelligence. Received Associates Degree from Harold Washington College, BS in Sociology from University of the State of New York and Master of Public Administration from Troy University. Attended Japanese Language School — Read, Writes, and Speaks Japanese. (4- 21-09) Homemaker. Received B.A. in English from Texas A &M University- Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Ida Alvarado Hobbs Robert Huerta, Jr. Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (4- 22 -09) Drug Treatment Specialist, Federal Bureau of Prisons. Received Bachelor of Science from Texas A &M University - Kingsville. Activities include: Federal Bureau of Prisons Drug Abuse Programs Policy Workgroup, Federal Bureau of Prisons Hostage Negotiation Team, Anger Resolution Therapist, Coastal Bend Area Combined Federal Campaign member and Criminal Justice Honors Society Member, Alpha Phi Sigma. Recipient of Performance and Achievement Awards for Drug Treatment Specialist and Correctional Officer for the Federal Bureau of Prisons. (1 -5 -09) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (64-09) 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) Raquel Madrigal Funeral Director Assistant, Funeraria Del Angel. Received a BS. Activities include: Mediator with Dispute Resolution Services. Recipient of Mediator Training Awards. (8- 13 -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. Currently Serves on the Senior Companion Program Advisory Committee. (4 -8 -10) Michael O. San Miguel Abel A. Sanchez Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (10 -6- 09) Retired, United States Postal Worker. Attended Del Mar College. Activities include: Youth Football Coach. (4 -I6- 09) Samantha Sandate Woodrow Mac Sanders David Stith Gloria Sykes - Saucedo Senior, West Oso High School. Activities include: Habitat for Humanity, Humane Society, Sister City Exchange Program, Tae - Kwon -Do and Challenge Academic Team. (5- 29 -09) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science - Psychology/Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (4-24-09) Self- Employed, Attorney. Received JD from Texas Tech Law School. Activities include: Nueces Park Board and Corpus Christi Bar Association. (4- 21 -09) Manager of Volunteer Services, Odyssey Healthcare. Received an Associates Degree. Activities include: Fund Raisers, Volunteer at Nursing Homes and Volunteer with Foster Children. Currenty Serves on the Sister City Committee. (1- I4 -10) Jesus M. Trevino Currently attends College. (8- 26 -09) Steve Trubatisky Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2 -11 -09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8 -10 -09) -64- g. LEADERSHIP COMMITTEE FOR SENIOR SERVICES — Four (4) vacancies with terms to 2 -1 -11 and 2 -1 -12 representing the following categories: 3 — Community at Large and 1— Direct Service Agency. DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 3 - Direct service agencies, and 10 - Community representatives. ORIGINAL MEMBERS TERM APPTD. DATE Lindsey Edwards (Agency) 2 -01 -11 7 -21-09 Arnold Villarreal (Community) 2 -01 -11 12 -15 -09 Maria Clarissa Lopez (Agency) 2-01 -12 12-15 -49 Patricia Byrd (Senior Ctr.) 2 -01 -11 7-2i -09 Esperanza "Hope" Lopez (Senior Ctr.) 2 -01 -12 2 -23 -10 Vicki N. Garza (Community) 2 -01 -12 S -26-08 Donna Marie Rodriguez (Community) 2 -01 -11 2 -10 -04 Vacant (Community) 2 -01-10 Vacant (Community) 2 -01 -09 Dotson G. Lewis, Jr. (Community), Chair 2 -01 -11 4 -08-08 Cecilia G. Huerta (Community) 2 -01 -12 2 -24 -09 ** *Sherri Darveaux (Community) 2 -01 -11 2 -24 -09 ** *Theresa M. Swirenko (Agency) 2 -01 -11 L' 10 -14 -08 Caroline Szepessy (Community) 2 -01 -12 2-23-10 Adelfa M. Martinez (Community) 2 -01 -12 2 -24-09 (The Leadership Committee for Senior Services is recommending the new appointments of Gloria Gooding (Direct Service Agency), Billy Ray Sayles (Community Representative), Hubert Hall (Community Representative), Ida Alvarado Hobbs (Community Representative) or Ronald J. Moore (Community Representative). Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Olga Gonzales Gloria Gooding Hubert Hall Ida Alvarado Hobbs William Paul Hunt Ronald J. Moore Retired. Attended College. AARP Certified Advocate. RSVP Volunteer at Greenwood Senior Center. Serves as President for Senior Housing Homes. Recipient of Educator Advocate - Estrella Award. (Community) (5 -13- 09) Marketing, Island Home Health. Attended Kansas Liberal Junior College and Dickenson State University, North Dakota. Activities include: American Heart Association and Alzheimer's Association. Recipient of Life Care Centers of America Service Award for Texas Region. (Direct Service Agency or Community) (5 -3 -10) Retired, City of Corpus Christi Assistant Water Superintendent. Received BS from Indiana State. Attended General Motors Institute, Industrial Engineering and Illinois Central College. Activities include: Local Draft Board, Local Emergency Planning Committee, Corpus Christi Community Advisory Committee, Lyndell Bissel Community Action Panel, and Tuloso- Midway Intermediate School Kid's Hope USA. (Community) (8- 10 -09) Risk Manager/Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (Community) (4- 22 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Community) (6 -4 -09) Plant Manager, Coastal Bend Surgery Center. Owner of Coastal Mediations. Received Associates Degree in Paralegal Studies and Mediation Certification form the South Texas College of Law. Activities include: Dispute Resolution Center, Better Business Bureau Mediation Program, Texas Sandfest and Adopt -A- Beach. (Direct Service Agency or Community) (10-6-09) Bethany L. Rabinowitz Billy Ray Sayles Formerly Health Services Coordinator/Manager, Cape Fear Valley Health Systems. Received Associate of Science in Occupational Therapy from Kettering College of Medical Arts, Kettering, Ohio and Bachelor of Science in Exercise Science from Campbell University, Buies Creek, North Carolina. (Community) (10- 31 -08) Employment Specialist, AARP 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. (Direct Service Agency or Community) (5-7-10) Jose R. Villanueva, Jr. Senior Companion Volunteer. (Community) (12- 23-09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (Community) (8- 10 -09) 4 Requested Council Action 7106110 Alternate Date 7113/10 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement for 2,930 tons of liquid caustic soda with Univar USA, Corpus Christi, Texas for water chemicals in accordance with Bid Invitation No. BI- 0129-10, based on low bid for an estimated six month expenditure of $439,210 of which $73,201.66 is required for the remainder of FY 2009 -2010. The term of the contracts will be for six months with options to extend for up to nine additional six month periods subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2009 -2010. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Liquid caustic soda is used to adjust the pH level of the blended Nueces River — Lake Texana treated water to acceptable levels. The Lake Texana water has a lower pH than the Nueces River water and must be adjusted accordingly. Bid Invitations Issued: Thirty Bids Received: Five Price Analysis: Pricing for liquid caustic soda has decreased approximately 14% since the last contract of October 2009. Award Basis: Low Bid Funding: Water Department 520010- 4010 -31010 Michael Barrera Assistant Director of Financial Services (361) 826 -3169 mikeb@cctexas.com $73,201.66 OO'OIL'SCVS 00 OGQ'LE5S suet Ifl£p -1 0 7 0 [l. 0 0 fA 10 Lei 0 O 0 0 ' sexei'pogo sndho vsn JENUn 0 Lh 0 0 fA m Ih 0 V CO 0 0 0 sexel 'upsny 0 co O 0 0 r0 S 0 0 0 a N 0 O er 0 0 2 0 2 xm a a a 01 m 8 0 `0 co cp G] O ko 2 1 v 2. g P- n 0�no °nWXI r Fn- c —ao v0 --I z — a 0 W -I ❑ co ill X 1 CO x N C M 9D Li- 0 Z N 5 CITY COUNCIL. AGENDA MEMORANDUM City Council Action Date: 07/06/2010 AGENDA REM: Ordinance appropriating $6,680.20 in Fund No. 1020 General Fund from the Department of Justice, Bullet Proof Partnership Grant for 50% reimbursement of the purchase of National Institute of Justice approved body armor makes and models; changing the FY 2009- 2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures and revenues by $6,680.20 each. ISSUE: The Body Amor Partnership grant has reimbursed expenditures for the purchase of body armor and the funds must be appropriated. BACKGROUND'INFORMATION: Each year the Police department applies for the grant which assists departments in defraying the costs of NIJ- approved body armor makes and models by reimbursing a department up to 50% of the expense after the actual purchase of vests. The Police Department has applied for and received grants from the Department of Justice Bullet Proof Partnership Program since 1999 and has been reimbursed a total of $31,897.99 over this ten year period. ■ REQUIRED COUNCIL ACTION: Appropriating the funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriating the funds. D. Troy Riggs Chief of Police troyra,cctexas.coni 886 -2603 ORDINANCE APPROPRIATING $6,680.20 IN FUND NO. 1020 GENERAL FUND FROM THE DEPARTMENT OF JUSTICE, BULLET PROOF PARTNERSHIP GRANT FOR 50% REIMBURSEMENT OF THE PURCHASE OF NATIONAL INSTITUTE OF JUSTICE APPROVED BODY ARMOR MAKES AND MODELS; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES AND REVENUES BY $6,680.20 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $6,680.20 from the Department of Justice, Bullet Proof Partnership Grant is appropriated in the No. 1020 General Fund for 50% reimbursement of the purchase of National Institute of Justice approved body armor makes and models; changing the FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increasing expenditures and revenues by $6,680.20 each. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of July, 2010. ATTEST: t THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form June 30, 2010 T. Trisha g Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I /we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 6, 2010 AGENDA ITEM: Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Regional Transportation Authority for use of fueling facilities. ISSUE: The purpose of the agreement is to allow the City of Corpus Christi to use the RTA's fueling facilities in the event that one of the their own fueling stations is inoperable, and vice versa. The arrangement is mutually beneficial to both parties because it provides a contingency plan allowing each entity to continue providing services to the public with the least amount of interruption. Noteworthy provisions in the agreement include: • The entity fueling a vehicle will reimburse the entity providing the fuel at the price the entity providing the fuel charges its own vehicles. • Federal and state entities and other local governments may participate in the agreement, to the extent of any limitations of their authority. This provision would allow the Corpus Christi Independent School District, for example, to participate if desired. • The term of the agreement is one year. The agreement will be renewed automatically on an annual basis, unless any party provides written notice to the other parties at least sixty days before the end of each annual term. REQUIRED COUNCIL ACTION: Approval of the resolution PREVIOUS COUNCIL. ACTION: None, since this is a new initiative. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and accompanying interlocal cooperation agreement as presented. Attachments: (2) Interlocal Cooperation Agreement Resolution _81— t gel R. Escobar ity Manager 'angele ©cctexas.com (361) 826 -3220 INTERLOCAL AGREEMENT FOR USE OF FUELING FACILITIES This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ( "City ") and the Corpus Christi Regional Transportation Authority ( "RTA "). Recitals NOW, THEREFORE in consideration of the mutual covenants in this Agreement, the participating local governments (the "Parties"), authorized by appropriate actions of their governing bodies, hereby agree as follows: 1. Purpose. The purpose of this Agreement is to allow the parties to use the other parties fueling facilities in situations where their own fueling facilities are inoperable. 2. Scope of Services. The services to be performed by the City and RTA are: a. If a party's fueling facilities are inoperable, and the party is unable to fuel its vehicles at its facilities, the party may take their vehicles to the other party's facilities and fuel their vehicles at that facility. b. The party fueling a vehicle shall reimburse the party providing the fuel at the price the party providing the fuel charges its own vehicles. c. Each party will bill the other party using the party's normal billing processes, and the other party will pay the fuel charges within the time period normally allowed for payment. 3. Other Agreements, Supplementary Agreements and Protocols. The Parties are encouraged to enter into additional agreements and protocols governing other operations of mutual interest. Operating departments of the Parties (for example, fire and police) are authorized and encouraged to enter into specific emergency protocols with their counterparts to enhance coordination in providing needed public services. 4. Implementation. The City Manager and Chief Executive Officer are authorized and directed to take all steps necessary or convenient to implement this Agreement, and shall cooperate in developing a plan for the implementation of the activities provided for in this Agreement. 5. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 6. Warranty. The Agreement has been officially authorized by the governing body of each Party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to this Agreement. 10 Fueling Services 0.617 Page 1 of 6 _g2_ 7. Federal and State Participation. Federal and state entities and other local governments may participate in this Agreement, to the extent of any limitations of their authority, by furnishing an executed original of the attached Participation Notice to the City. 8. Expending Funds. Each Party which performs services under this Agreement will do so with funds available from current revenues of the Party. No Party shall have any liability for the failure to expend funds to provide aid under this Agreement. 9. Term of Agreement. a. This Agreement shall become effective as to each Party when approved and executed by that Party. b. Once approved by all Parties, this Agreement shall be for a term of one year, and shall be automatically renewed annually, unless any party its participation by giving written notice to the other parties at least sixty days before the end of each annual term. c. Termination of participation in this Agreement by any Party does not affect the continued operation of this Agreement between and among the remaining Parties, and this Agreement shall continue in force and remain binding on the remaining Parties. 10. Oral and Written Agreements. All oral or written agreements between the parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 11. Entire Agreement. This Agreement, including Attachments, represents the entire Agreement between the Parties and supersedes any and all prior agreements between the parties, whether written or oral, relating to the subject of this agreement. 12. Interlocal Cooperation Act. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. 13. Severability. If any provision of this Agreement is held invalid for any reason, the invalidity does not affect other provisions of the Agreement, which can be given effect without the invalid provision. To this end the remaining provisions of this Agreement are severable and continue in full force and effect. 14. Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. Page 2 of 6 10 Fueling Services 0617 —83— 15. Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 16. Exercise of Police Power. This Agreement and all activities under this Agreement are undertaken solely as an exercise of the police power of the Parties, exercised for the health, safety, and welfare of the public generally, and not for the benefit of any particular person or persons and the Parties shall not have nor be deemed to have any duty to any particular person or persons. 17. Immunity not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 18. Civil Liability to Third Parties. Each Responding Party will be responsible for any civil liability for its own actions under this Agreement, and will determine what level, if any, of insurance or self - insurance it should maintain for such situations. 19. No Liability of Parties to One Another. One Party may not be responsible and is not civilly liable to another for not responding, or for responding at a particular level of resources or in a particular manner. Each Party to this Agreement waives all claims against the other Parties to this Agreement for compensation for any Toss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement, except those caused in whole or in part by the negligence of an officer, employee, or agent of another Party. 20. Notices. a. Notices under this agreement may be delivered by mail as follows: City: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 RTA: Corpus Christi Regional Transportation Association Attn: Chief Executive Officer 5658 Bear Lane Corpus Christi, Texas 78405 b. The parties to this agreement may specify to the other party in writing. 10 Fueling Services 0617 Page 3 of 6 —84— 21. Amendments to Agreement. a. This Agreement may not be amended except by written agreement approved by the governing bodies of the Parties. b. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. 22. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 23. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. 10 Fueling services 0617 Page 4 of 6 —85— PARTICIPATION NOTICE I hereby notify the Parties that City of Corpus Christi has approved participation in the Interlocal Agreement for Use of Fueling Facilities, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. 'Angel R. Escobar Date City Manager Approved u to brit ..Z .Z.-72' `' R.J -el qp Fl t City •=r,r Cfty Attorney 10 Fueling Services 0617 Page 5 of 6 _g6_ PARTICIPATION NOTICE hereby notify the Parties that Corpus Christi Regional Transportation Authority has approved participation in the Interlocal Agreement for Use of Fueling Facilities, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Jorge Cruz -Aedo Date Acting Interim Chief Executive Officer 10 Fueling Services 0617 Page 6 of 6 —87— Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY FOR USE OF FUELING FACILITIES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager is authorized to execute an interlocal cooperation agreement with the Corpus Christi Regional Transportation Authority for use of fueling facilities. SECTION 2. The City Manager is authorized to make editorial and non - substantive modifications and execute amendments to the interlocal cooperation agreement without the further approval of the City Council that do not require the appropriation of additional funds or exceed the City Manager's authority to amend contracts, including, but not limited to, time extensions, modifications to schedule, modifications in scope of work, and any changes dictated by entities providing grant funding for the project. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 30th day of June, 2010. R. 44 R fining % First As istant City Attorney For City Attorney InterlocalRESOLUTION -- RTA Fueling Facilities 06302010 _88_ Joe Adame Mayor 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 G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 1 interlocalRESOLJTION -- RTA Fueling Facilities 06302010 _8 9_ 7 : CITY COUNCIL AGENDA MEMORANDUM 1st Reading - June 8, 2010 City Council Action Date: June 8, 2010 SUBJECT: Lease Amendment No. 1 - New Cingular 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 Cingulartower. 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 fostercecctexas.com 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(cctexas.com HAHOMEIEUSEBIOGIGEMAgenda ItamslAT &T Cell Tower Subleas&Agenda Memorantlum.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 less. 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- Brazorra, 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:IHOMEIEUSEBI0G1GENftenda ItemslAT &T Gail Tower SubieaselBackground.doe EXHIBIT A —94— \Mpro'ect \ councilexhrbi to \ CELL TOWERLEASE. d wg iw PROJECT LOCATION LOCATION MAP QTR C1/2, WHITECAP WASTEWATER TREATMENT PLANT SUBJECT LEASE —VACANT LAND— LOTLArE Cy, Ne4 VICINITY MAP NOT TO SCALE er,1 • WHITECAP BLVD. 0 is • • 4 • EXHIBIT 13w CELL TOWER LEASE AMENDMENT New Cinguler Wireless PCS, LLC WHITECAP WWTP -95- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 5-13-2010 ^r'r 1s' Amendment to LEASE AGREEMENT THIS lst 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 la of the Lease is hereby amended as follows: —96— EXHIBIT C (1) by inserting "All Urban Consumers, Houston - Galveston- Brazoria, All Items" and renumbering "a" to "a -1" as shown: 1. hi 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 nay City. 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 —97— EXHIBIT C Page 2 of 4 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 fu11 force and effect. 3 —98— 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.lst Amendment-Lease Agreement.New Cingular Wireless PCS 4 _99— EXHIBIT C Page 4 of 4 ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE "1sT 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- 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 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 Alt Urban Consumers, Houston - Galveston- Braxoria, Alt 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; THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to legal form: 26 -May -10 By: Veronica Ocanas Assistant City Attorney for City Attorney 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 Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott _Aft_ 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 APPROV D as to form: Z0 -May -1 By:. Veronica Ocanas Assistant City Attorney for City Attorney Joe Adame Mayor 8 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING - ZONING (City Council Action Date: July 6, 2010) Case No. 0510 -01: June 24, 2010 Karen Kay Kosarek Clark, et al.: The applicant is requesting a change in zoning from the "R-1B" One - family Dwelling District to the "1 -2" Light Industrial District on 8.77 acres to develop the property for future light industrial uses to include a funeral home with a crematorium on approximately 2 acres of the property. The property to be rezoned is an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2, generally located at 5925 Ayers Street, approximately 1000 feet south of the intersection of Ayers Street and Holly Road. PLANNING COMMISSION AND STAFF RECOMMENDATION (May 26, 2010): Planning Commission and Staff recommends approval of the Applicant's rezoning request for the "1 -2" Light Industrial District REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change in zoning from the "R-1B" One - family Dwelling District to the "1 -2" Light Industrial District on 8.77 acres for development of a funeral home with a crematorium on 2 acres and for future Tight industrial uses on the remaining 6.77 acres. Existing Land Uses: The subject property is currently vacant. Residential and commercial uses are to the north of the property in addition to a drainage ditch and to the east is a manufactured home park. The south of the property is vacant land with SH 286 (Crosstown Expressway) to the west of the property. Existing Zoning: The subject property is zoned "R-1B". The "R-113" District allows for single- family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right -of -way lines. Five foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R-113" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. Proposed Zoning: The purpose of the 1-2" Light Industrial District is to provide for light manufacturing, fabrication, 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 allowed. The "1 -2" allows for a crematorium as an accessory use to a funeral home. In Article 24 of the Zoning Ordinance, the "1 -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is 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. -105- \A/4, Agenda Memo Case No. 0510 -01 Karen Kay Kosarek Clark, et. al Page 2 Juan Pereles, J ., P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp(cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) ZONING REPORT Case No.: 0510 -01 Planning Commission Hearing Date: May 12, 2010 Applicant & Legal Description Applicant: Karen Kay Kosarek Clark, Et Al Owner: Karen Kay Kosarek Clark, Et Al Representative: Address: 5925 Ayers Street Legal Description/Location: An 8.77 acre property out of Bohemian Colony Lands, Section 7, Lot 2, generally located at 5925 Ayers Street, approximately 1000 feet south of the intersection of Ayers Street and Holly Road. Zoning Request From: "R -1B" One-family Dwelling District To: "I -2" Light Industrial District Area: 8.77 acres Purpose of Request: The applicant is requesting a change in zoning from the "R-18" One-family Dwelling District to the "1 -2" Light Industrial District on 8.77 acres for development of a funeral home with a crematorium on 2 acres and for future light industrial uses on the remaining 6.77 acres. Zoning Existing Land Use Future Land Use Site "It -1B" One-family Dwelling District Vacant Light Industrial North "R-1B" One-family Dwelling District i Low- density Residential/Vacant Light Industrial South "I -2 "Light Industrial District Light Industrial Light Industrial East "T -1B" Manufactured Home Park District Mobile Home Mobile Home West "R -1B" One-family Dwelling District Vacant Light Industrial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for light industrial uses. The proposed change in zoning is consistent with the adopted Future Land Use Plan which designates the area for light industrial uses. Map No.: 049032 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change in zoning from the "R -1B" One-family Dwelling District to the "I -2" Light Industrial District on 8.77 acres for development of a funeral home with a crematorium on 2 acres and for future light industrial uses on the remaining 6.77 acres. —107— Zoning Report Case #:0510 -01, Karen Kay Kosarek Clark, Et Al Page 2 • Existing Land Uses: The subject property is currently vacant. Residential and commercial uses are to the north of the property in addition to a drainage ditch and to the east is a manufactured home park. The south of the property is vacant with the west bordering SH 286 (Crosstown Expressway). • Existing Zoning: The subject property is zoned "R -B ". The "R -1B" District allows for single - family residential, churches, public and non - profit private schools, home occupations, public parks, playgrounds, and child care homes. This District requires a minimum lot area of 6,000 square feet, with a 25 foot building setback from the street right - of -way lines. Five foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires a 25 foot side and rear yard setback, except where the side or rear yard is located adjacent to an office, commercial, or industrial district, in which case the depth of those yards must be five feet. The "R-1B" District permits a residential density of 7.26 units per acre, with a maximum building height of 35 feet, or three stories. • Proposed Zoning: The purpose of the "I -2" Light Industrial District is to provide for light manufacturing, fabrication, 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 allowed. The "1 -2" allows for a crematorium as an accessory use to a funeral home. In Article 24 of the Zoning Ordinance, the "I -2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is 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. • Transportation and Circulation: The subject property has potential access to Ayers Street and SH 286 (Crosstown Expressway). The Urban Transportation Plans proposes Ayers Street as an Al Minor Arterial Undivided. Currently, Ayers is a four lane road in a 115 foot right -of -way and SH 286 is a freeway. Street R.Q.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2008 Ayers Street 115'154' paved, 4 -Lanes 95'/ 4 -Lanes Al Minor Arterial Undivided 8422 SH 286 (Crosstown Expressway) 150'14 thru lanes, 4 lanes on two frontage roads 400'1 6 -Lanes F -1' FreewayfExpressway NA • Infrastructure Demand: o Water: An 8 -inch water line runs along Ayers Street. o Wastewater: None -108- Zoning Report Case #:0510 -01, Karen Kay Kosarek Clark, Et Al Page 3 o Stormwater: Stormwater lines are long the north side of the property as does a storm drainage ditch. • Public Safety: a Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C50. Crime statistics up to 2005 show a decline from 1953 crimes committed in 1993 to 1483 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number eight, located at 4645 Kostoryz Road, approximately 13,750 feet from the subject property. • Environmental Constraints: a FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 100% (VcA) "Victoria clay" • Slope: 0 to 1 percent • Drainage class: Well drained • Depth to water table: More than 80 inches • Frequency of flooding.- None • Frequency of ponding: None • Available water capacity: Moderate (about 6.9 inches) o Wetlands: None o Flight Zone: None • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 37 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Fosters distinctive, attractive communities with a strong sense of place (2 points). o Strengthen and direct development toward existing communities (18 points). o Provides a variety of transportation choices (9 points). o Makes development decisions predictable, fair and cost effective (8 points) • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for light industrial use, therefore, the proposed "I -2" Light Industrial 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. o CORPUS CHRISTI POLICY STATEMENTS: • III. LAND USE: POLICIES - GENERAL: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLAN. -109- Zoning Report Case #:0510-01. Karen Kay Kosarek Clark. Et Al Page 4 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 property is within the area of the Sotithside Area Development Plan (SADP) which calls for the placement of commercial activities at locations with good access and high visibility. The subject property has the potential for good access and high visibility. Additionally, the SADP calls for higher intensity uses and larger sites to be located along highway systems with capacities commensurate with their traffic generation. • III, LAND USE: POLICIES - INDUSTRIAL: 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 will 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: The south side proposes to have 751 acres (4%) of land use as light industrial. Since the Future Land Use maps designates the properly as light industrial, the change of zoning will move toward the goal of provided suitably - zoned land for light industries. ❑ SOUTHSIDE AREA DEVELOPMENT PLAN ■ LANE USE: B.6 - POLICY STATEMENT High- intensity commercial and industrial areas should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. however Future Land Use map shows the properties adjacent to the north of the property to be slated for light industrial uses as well. Zoning Report Case #:0510 -01, Karen Kay Kosarek Clark, Et Al Page 5 Plat Status: The subject property is platted. Department Comments: • The property is currently vacant and used as farm land. Allowing the change of zoning will permit the property to have light industrial uses as designated by the Future Land Use Map. • Although the subject property is currently adjacent to low- density residential uses, Future Land Use Map designated all areas adjacent to subject property for light industrial uses. • Crematorium is an allowable accessory use in the "1-2" Light Industrial District. Planning Commission and Staff Recommendation: Approval of applicant's request to rezone the subject property to the "I -2" Light Industrial District. ▪ ty •Cr1 E O cg Number of Notices Mailed Total -- 18 within 200 foot notification area; 4 outside notification area As of May 6, 2010 Favor Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: I. Neighborhood 2009 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial 5. Site --- Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List E. Smart Growth Principles 9. Metes & Bounds — 1 1 1 — a • I. -:' 'YE. 2009 AERIAL : Sutfe,ct. Refer to.*Fp.'for.N6t ?bork Qod E t r "L-3n �1Sts A R av3+fa 6 www.:cCf ?69.COYii: • • • 4 II ti .1 4. '.' ;$ . :. 51.0-01 • 2 „a.'.'NEi Ii8ORI -I 00; -.'E I TIN ..LAND..0 E Ea. e: icfemial.•EO. •. .. Ligig.iffeitigttiO -Li lovii.Nigi' ... 's.' :013 1- kaky;Jtirdps isl: :fdP: :6ert 1ij! .34.. - dY Ct P O.. ,§e hi P th ic.. -.PSP • ;{Iglu eirsity.R !s. •H .: : viii*'. - -n.01* i rirrre -L . 61:Rage:+ 01infrioi: -'DC ti liq -'V01 9 '.. 66literiatimvPrifsery l9n. +tP' P o essra.... e = PO .1 r • ..ClrN.rrer�Cia�= cNF ■' �kf3r:ssa+ : ?: ?0,05O.; tats idesorier ial :E72' .- Fi4 hritiIL trii / •-Lt • kav:lurdis !•H! :Aug* Sa /j . 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MT FOCI, iEllri.1310rl IF- •e +iril irtress Olsitl': •11.4. ipilpe.opc ilro opske If:#4..er11e.61.11 Rialrgss ols1II FOS ore Frill. omIrtGlskrT e- .. •Auslresr➢lsFt.1 " - ':Re nesr4nlrp likAfgAld e -J. :veriirEFaleseplarl a.TH ilrsyarte'eEuni.efsild 03• Pr YnOteisfrelaleisktl Up ' Ekcid PerMIT B-U. PrrnfpBLRlnrss- ere,CENcI.' .*-1.1%. J!1 ltd rPab;Clsild, •I 11 mu: phrl'sir,9elik7.ifsiriClsi. 1-- 19..Mru rel1lrrlePte;IISktd F-ii. .Frri, 3.11.oFjd • .. . ' • rie r.uir4.H.5 emir He yFf}1E•kuLFrirni.e arskrl. P.reslrr* ' 9, tQI4 Ki E,:e 6 offliong 200,1rA Will . eimela ;: ddidEihlrOp itllt- XII ogAileol COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0510 -01 Name: Karen Kay Kosarek Clark, ET.AL I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 18 Returned undeliverable: 4 Favor: 0 Opposition: 0. II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: Returned undeliverable: 4 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- DIRLSHAREDII. Planning Commission12O10 PC12010 Public Commenis10510 -01 Karen Kay Kosarek Clark ET.AL.doc —123— m V m in s W N v W Os v m In n w V .' ❑ 0 n ,ear § §§ 11 /1111111 M p8 $Soe -i—jo d'g$1go18 w A W i Lip+❑ ; a 8P8*. nx m ❑ ❑T$$ $� a nn ❑a �` 9 C A A 2 m O O g 3 5 �Qia Q �C �°n „S TD Om T 2I z�z^2 mmZC2 x Z da ■ m A Y '`.1”' a "' ? g i ai 0 0 N❑ x 9 9 9 n n " On6 x 'e s y ❑ 33 x z °rn A =saci❑ AzA " 4 G ns c• cc p-4 `InoO wrO -gm 99 C C F❑ oat cS v 2 2 Z= 0 A s c Z Z s a A p 0 c uC. y ywm C rY C*+ m� x s sn' a^� y��w �°!"• iz wta wNA lioo a a5�+cL,N NI I A4ma g 11 2 `a e. 0444, p r r Y X% y An x v v v i ti o H ❑ ❑ m ❑ ig i I- N n a a + W Q Y Q .Q v 'N ' u m m W W 2te " Z e 2 i t ai e,9 a ❑ ❑ ,; w aawxYnnn to Vw H c❑ 0 Z V0 Nv " 9 N i °° w w m❑ n n n m n"; U 80 o o o 5o o." m m m . m m m ° C 21, m lb. x 2m A Z C m RE "' ;-,-r-;-,-r--- 4y V QTo O O ? 6 ❑❑" m _ A 3 ( wa A A E x m m N O DO o EM N ri ri a n m N0c toi q r MM 9 9 9 °° ❑ N ❑ ❑❑ ❑ ❑ y❑� ° pogm x 5; A 5x ox 5C L. i N m I O • a a • m ° � w W 0W o❑ " n .. 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Y A ° omm �aw "x ❑ N ° N H d g 0 N H .' - 1W7� N C C C w W m~ F+ -L H Y M W 2 2 Z CO pp O 00 x W m w m W 9 w � Z + X.-. r N A n r W W in 0- 00 m 9 A y E2 ❑r ~ A C .-1 W 0o W -1 N V V V A W n el 65 2 222 H -1 H 1 y N N N 0 In LO n • n n n n ✓ V V -124- E p m. N • V V V V A V A O w N y '48,9 gggo8PAPri§REE A P A A m wAi N Oo W N W A A A C� w A Of v 0 0 0 0 0 0 0 0 0 v❑ 0 0 N 0 0 S a P� y w w VI w N N N N V. N w V� N N bg gggggggggSgggggQ02 ❑ SMART GROWTH COMPARISON: ATTACHMENT 8 Polices listed below are taken from -Getting to Smart Growth II: 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:0510 -01 From: "R -1B" One- family Dwelling District To "1.2" Light Industrial District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 0 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail/service? ] use added 1 x 3 0 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advanta . e of coin s act buildin . desi . n. Utilizes reduced setbacks and/or compact development that supports more stores Yes 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 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 I neighborhoods? No 0 x 2 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes within Yes 1 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 3 range in pricing available for varying income levels for sale or lease? No 0 x 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long - distance commutes? Yes No 1 0 x 3 0 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes I or connects to existing sidewalks? No 0 x 3 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 x2 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 I 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 x3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x3 —125— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 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 the water system and preserve wildlife habitats? Does the project implement green building techniques or standards for reducing environmental impacts? Supports tree preservation onsite and/or provides adequate tree landscaping (at a minimum) to replace trees being removed? Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Does it avoid the acquisition and change in use of operating farms or prime farmland? Yes No Yes No Yes No Yes No Yes No 1 0 x4 0 0 0 1 x3 x3 x3 x2 7. Strengthens and directs development toward existing communities. is the project located adjacent to existing infrastructure; roads, water, sewer? Service is; Existing Less than' Is mile 1/4 to' /zmile '/2 + miles 3 2 ] 0 x4 Is the availability of existing public services, such as police, fire, schools and health, sufficient to serve the project? Yes No 1 0 x3 Is the project a redevelopment of an existing building or brownfield area that would make the property a productive piece of land? Yes No 1 4 x3 Will the project encourage commercial and retail investment in underserved communities? Yes No 0 x3 Does the project enhance the use of existing public outdoor recreation facilities or areas, such as parks, fishing piers, boat storage areas, or rental equipment? Yes No 1 0 x2 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes No 1 0 x2 8. Provides a variety of transportation choices. The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x3 The project within walking distance to public transit? (Within 1,000 ft) Yes No 1 x3 9. Makes development decisions predictable, fair and cost effective. The project is consistent with the Future Land Use Map and Comprehensive Plan? The project is consistent with the Area Development Plan? Yes No 0 x2 Yes No 1 0 x2 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without ificantl decreasin • the trans • ortation levels of service for surroundin areas? Will the project design incorporate systems for reducing storm water runoff or provide onsite retention? Yes No Yes No 1 0 0 x3 x3 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Point Grading System: Yes No 0 x3 Smart Growth Rating Total Points ❑ 0 -20 pts = * Z 21 -39 pts.= ** ❑ 40 -59 pts = *** ❑ 60 -79 pts = * * * * ❑ 80-100 pts = * * * —1 9A— MURRAY BASS. 1R.. P.E..R.P.L.S. NtxoN M. WELSH. P.E..R.P.L.S, www.bass- welsh.com 3054 S. ALAMEDA. ZIP 78404 PH. 361 882 -5521-- FAN 361 882.1226' e -mail: 1:ur •.. :r:4,: e -mail: 11 :11'. ..,. ._ •i;: BASS & WELSH ENGINEERING P.D. Box 6397 Corpus Christi, TX 78466 -6397 April 29, 2010 Field Note Description 8.77 Acres Lot 2, Section 7 Bohemian Colony Lands BEGINNING at a point in the northwest boundary of Ayers Street at a 518 inch iron rod and being the common boundary with the most northerly boundary of a 15.3 acre tract heretofore set aside to Charles L. Kosarek, Jr., Joshua Kosarek and Karen K. Kosarek Clark, and being the POINT OF BEGINNING; THENCE N 61 °51'45" W, 904.80 feet to a 518 inch iron rod in the common boundary with this 'tract and the State Highway 286; THENCE N 30 °18'14" E 425.5 feet which has no set iron rod but is the most southerly boundary of a 60 foot drainage easement; THENCE 5 61 °51'45" E a distance of 904.80 feet to the most westerly boundary of Ayers Street (which has no iron rod); THENCE S 30 °18'14" W 425.18 feet along the most westerly boundary of Ayers Street to the PLACE OF BEGINNING forming a tract embracing 8.77 acres. y Bass, r., R.P.L.S. Note: Description prepared from deed of record and does not represent a survey on the ground. 03051 -Field Note Resc5.doc -127- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall May 26, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tamez Johnny R. Martinez Even J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Robert Payne, AICP, Senior City Planner Andrew Dimas, City Planner Miguel S. Saldazia, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Elena Juarez Buentello, Recording Secretary Ashley Satterfield Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. B. ZONING 1. New Zoning a. Case No. 0510 -01 Karen Kay Kosarek Clark - A change of zoning from the "R -1B" One - family Dwelling District to the "I -2" Light Industrial District resulting in a change of land use from farm land to light industrial use The property to be rezoned is an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2, generally located at 5925 Ayers Street, approximately 1,000 feet south of the intersection of Ayers Street and Holly Road. Andrew Dimas, Development Services, presented New Zoning item "a" Case No. 0510 -01 via Apple Keynote, stating the applicant is requesting a change of zoning from the "R-1B" One Family Dwelling District to the "I -2" Light Industrial District. Mr. Dimas stated staff's approval of the "I -2" Light Industrial District. In response to Commissioner Martinez, Elena Juarez Buentello, Development Services, stated that there was another funeral home located within close proximity to the proposed change of zoning location. In response to Commissioner Tamez, Mr. Dimas stated that approximately 2.0 acres of the 8.77 tract is under the current site plan. In response to Commissioner Huerta, Mr. Dimas stated billboards are allowable in the proposed zoning district. Under the Texas Highway Beautification Act, -128- Planning Commission Minutes May 26, 2010 Page 2 billboards must be 1,500 ft. away from other billboards and 300 ft. away from parks and single family homes. Robert Payne, Development Services, added that the property may not meet the spacing requirement. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve staffs recommendation for New Zoning item "a" was made by Commissioner Nadkarni and seconded by Commissioner Skrobarczyk. Motion passed unanimously. -129- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY KAREN KAY KOSAREK CLARK, ET AL, BY CHANGING THE ZONING MAP IN REFERENCE TO 8.77 ACRE TRACT OUT OF BOHEMIAN COLONY LANDS, SECTION 7, LOT 2, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "I -2" LIGHT INDUSTRIAL 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 Karen Kay Kosarek Clark, 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, May 26, 2010, during a meeting of the Planning Commission, and on Tuesday, July 6, 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 an 8.77 acre tract out of Bohemian Colony Lands, Section 7, Lot 2 located at 5925 Ayers Street, approximately 1000 feet south of the intersection on Ayers Street and Holly Road, from "R -1 B" One- family Dwelling District to 1-2 °Light Industrial District. (Zoning Map 049037) (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. 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. H: ILEG- DIR1Shared\LEGAL- DEV.SVCS12010 Agendal7- 6- 101CASE NO. 0510 -01 KAREN KAY KOSAREK CLARK, ET. AL16 .18.10.Karen.Kay.Kosarek.Clark. EI.AI.R -1 B.Ta.1.2.D1 30_ Page 2 of 3 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 Mayor, City of Corpus Christi City Secretary APPROVED: t 2010 eborah Walther Browrf- Assistant City Attorney For City Attorney H: 1LEG- ❑IRIShared1LEGAL- DEV.SVCS12010 Agenda\CASE No. 0510 -01 KAREN KAY KOSAREK CLARK, ET. AL16.18.10.Karen.Kay.K osarek .Clark.Et.AI.R- 1B.To.I -2.0oc –131– Page 3 of 3 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. llwe, 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- ❑IR1SharedlLEGAL- DEV.SVC512010 AgendalCASE NO. 0510-01 KAREN KAY KOSAREK CLARK, Er. AL16.16.10. Karen. Kay. Kosarek .Clark.EtAI.R -1 B.To.I -2.Ooc —132— 9 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: July 6, 2010) Case No. 0510 -03: Wallace and Shirley Graham: The applicant is requesting a change in zoning from the "B -1" Neighborhood Business District to the "B-4" General Business District to develop the property for a veterinary hospital. The property to be rezoned is Stonehenge Unit #1, Block 1, Lot 1B, located at 7201 South Staples at the intersection of Lipes Boulevard and South Staples Street. PLANNING COMMISSION AND STAFF RECOMMENDATION (May 26, 2010): Planning Commission and Staff recommends approval of the Applicant's rezoning request for the "B -4" General Business District REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning from the "B -1" Neighborhood Business District to the "B-4" General Business District to develop the property for a veterinary hospital. Existing Land Uses: The subject property is currently commercial. Medium Density Residential and commercial uses surround the property. Existing Zoning: The subject property is zoned "B -1" Neighborhood Business District. The "B -1" Neighborhood Business District allows for residential uses, churches, public and non - profit private schools, offices, retail, and personal services. Commercial development in this district requires a 20 foot building setback from the street right -of -way lines, as well as, 10 foot side and rear yard setbacks when adjacent to a residential district. Proposed Zoning: The purpose of the "B-4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B -4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. —135— Agenda Memo Case No. 0510 -03 Wallace and Shirley Graham Page 2 /42 Juan Pereles, Jr., P.E. Assistant City Manager, Departments of Engineering and Development Services Email: i_ohnnvo cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) -136- ZONING REPORT Case No.: 0510 -03 Planning Commission Hearing Date: May 26, 2010 Applicant & Legal Description Applicant: Wallace and Shirley Graham Owner: Wallace and Shirley Graham Representative: Cliff Atnip Address: 7201 South Staples Legal Description/Location: Stonehenge Unit #1, Block 1, Lot 1B, located at 7201 South Staples at the intersection of Lipes Boulevard and Staples Street. Zoning Request From: "B -1" Neighborhood Business District To: "B4" General Business District Area: 0.72 Acres Purpose of Request: The applicant is requesting a change in zoning from the "B -1" Neighborhood Business District to the "B -4" General Business District to develop the property for a veterinary hospital. Zoning Existing Land Use Future Land Use Site "B -1" Neighborhood Business District Commercial Commercial North "B-1" Neighborhood Business District Commercial Commercial South 'B -1" Neighborhood Business District Medium Density Residential Medium Density Residential East "B-4" General Business District Vacant Commercial West "A -1" Apartment House District Public/Semi-Public Medium Density Residential ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for commercial uses. The proposed change in zoning is consistent with the adopted Future Land Use Plan which designates the area for commercial uses. Map No.: 044,032 Zoning Violations: None -137- Zoning Report Case # :0510 -03, Wallace and Shirley Graham Page 2 Staff's Summary: • Request: The applicant is requesting a change of zoning from the "B -1" Neighborhood Business District to the "B -4" General Business District to develop the property for a veterinary hospital. • Existing Land Uses: The subject property is currently commercial. Medium Density Residential and commercial uses surround the property. • Existing Zoning: The subject property is zoned "B -1" Neighborhood Business District. The "B -1" Neighborhood Business District allows for residential uses, churches, public and non- profit private schools, offices, retail, and personal services. Commercial development in this district requires a 20 foot building setback from the street right -of -way lines, as well as, 10 foot side and rear yard setbacks when adjacent to a residential district. • Proposed Zoning: The purpose of the "B-4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B-4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. • Transportation and Circulation: The subject property has access to Lipes Boulevard and South Staples Street. The Urban Transportation Plans proposes South Staples Street as an A3 Primary Arterial Divided. Currently, South Staples Street is a four lane road in a 100 foot right -of -way and Lipes Boulevard is a C3 Primary Collector. Street R.O.W. Street Lipes Boulevard South Staples Street Existing ROW 75'150' paved, 2 -Lanes 100'154' paved, 4 -lanes • Infrastructure Demand: Planned ROW No Change 130'16 -Lanes Urban Transportation Designation C3 Primary Collector A -2, Secondary Arterial Divided o Water: A 12 -inch water line runs along Lipes Boulevard. o Wastewater: A 12 -inch wastewater line runs along Lipes Boulevard. o Stormwater: Stormwater lines are long the north side of the property along Lipes Boulevard. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C80. Crime statistics up to 2005 show a increase from 823 crimes committed in 1993 to 1,144 in 2005. The last year for which statistics are available is 2005. -138- Traffic Volume 2008 N/A 26,163 Zoning Report Case 4:0510 -03, Wallace and Shirley Graham Page 3 o Fire: The closest Fire Station is number 14, located at 5901 South approximately 1.6 miles from the subject property. • Environmental Constraints: a FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 100% (VcA) "Victoria clay" • Slope: 0 to 1 percent • Drainage class.- Well drained • Depth to water table.- More than 80 inches • Frequency of flooding: None • Frequency of ponding: None • Available water capacity: Moderate (about 6.9 inches) o Wetlands: o Flight Zone: None None Staples Street, • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 26 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial use; therefore, the proposed `B -4" General Commercial 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. o CORPUS CHRISTI POLICY STATEMENTS: • III. LAND USE: POLICIES - GENERAL: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLAN. 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 property is within the area of the Southside Area Development Plan (SADP) which calls for the placement of commercial activities at locations with good access and high visibility. The subject property has the potential for good access and high visibility. -139- Zoning Report Case #:0510 -03. Wallace and Shirley Graham Page 4 a b. MINIMIZE THE IMPACT OF CON MERCIAL AREAS ON ADJACENT. EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS. SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., [eft turn conflicts can be minimized. entryways/exits can be designed to serve several businesses and right turns onto major streets can be encouraged. o SOUTHSIDE AREA DEVELOPMENT PLAN ■ LANE USE: B.6 - POLICY STATEMENT High - intensity commercial and industrial areas should be buffered to provide transition from low - density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. Nat Status: The subject property is plated. Department Comments: • Soundproofing of the building has been discussed and a product called "TECTUM" will be installed to prevent any undesirable sounds. Planning Commission and Staff Recommendation: Approval of applicant's request to rezone the subject property to the "B -4" General Business District. j 0 Number of Notices Mailed Total —10 within 200 foot notification area; 7 outside notification area As of May 21, 2010 Favor Opposition — 0 (inside notification area): 0 (outside notification area) — 0 (inside notification area): 0 (outside notification area) Attachments: 1. Neighborhood 2009 Aerial 2. Neighborhood -- Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial —140 — 5. Existing Zoning, Notice area, Ownership 6. Comments from Public Notices 7. Notice Mailing List S. Smart Growth Principles f ertb Map eor-P4.e..§W4Do!'' ExLtI . Lary i15e,. Asa. av J fe at i�w'su: c�e��xas. �oxr. • 2;a:, 140i HBOR.HO D; - .iEXiSTING'LAND USE tate Rrp*idP fdigi : En. Lr4bt irdrrstriai• =CP . 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Y. s. - la• Hi. �:7# JiDems .JR s: - fIQR :° Prrbkc sernfiPubke.- 3.SP', • 1l+ b i- iorrie ' tact - VA C�ge:a,rridor; -.: W oo es i u 1 A'cce.- PO igiror4dgieiYapement - Crorrserrateart�JF�rsersatrcw '•f'.' -Tort; r Talsa to l irress• Park -'itAP Light Iu4 WNW' Tr rfPOrt4.— Akin co Tom'.` /VIeGtors •. . R7ap Sea : 1-:44010. -#G� -, .1 l•Y•: • R- • 2 wit/Ear PROPMY Ai, .'.L *'.i11F:;#r_ CAS: 051.043 / 4. w7�TE. - ExII T G.•:+ G. NOTICE AREA & •OWNERSh IIP .nd1 n wleirrll Umar iisktI••_ F-T L elks MI.&I orlid •FeljL'• iparitnFR.ieiiiwiitl'• FJ liMIi•u 1u Mild: . •l-2: 1 nera..l.aR 1111,411111,41c1. : Fa •FE.: 1.lLai1I elskt : ne _ Prit.ssl.wl9ii giikid• PYO Td . Pirxs.YrJberel.rnrnl. IA: i'Rijien- 711crlsl oafd iL- ra1.oie FrnIp B 1"!s EI :li' isfiliF:l'eymrtss.al ; kl. H ":B, ore .f. NV! O�IPI hkled R-i jt • IelulYIrr..l si.rts aliivi 0. -ie • gre: F.rllj' q *Irw i.klnd e-a• l+tTI n.a:esi 9isFtF R- . IaLih ie..omi oisitd.: ;B-ad. •!.Ter a1.ti',el.i•Ires h1ii•l l Il . ore' Faille 9rEII o.41.14 'el.. girreis als bd ' . ' ' • R E 1Feslenlr 1Ei ik:4E klEI - ii-1- akrerr.g.aressoiiN4j • R- TI.n..d•.ei.omIilri..okled. :Ri Rini!. RWrTS 1111iiitt•: • Bp . etlr!gall: •e- 'prfirr el.yresz.e NIHd: Till .'ireei n 1rr,'.t Okild ¢•o Orpir1rklRe pesle,ord: T - iq'.•R� k+PS'ilrne:Y.k.Ukfd "FR' .F VTR' RF,rr' olrFtl' "I-1C •Y.rlfirel ilrne UilIliNlm Ile • t11s.#i. {131i�im.lin t •olsFXl .Pre erFleh.h. 'r ..y 1-Z COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0510 -03 Name: Wallace and Shirley Graham I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 10 1 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 1 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:IPLN- DIRISHARED1l. Planning Commission12010 PC12010 Public Comments\0510-03 Wallace and Shirley Grab am.doc —151— n000rn nnnn nn Kgmiggi 1,X 0 X X haw W �i.1mA O -152— N V t " 00 -§ -i m g qQ 7v A § • Oi H g m m N A z8 $ P ya WA A m x + A m b S " c. % z Ti v KS 3Nd 888 8 8z 888 §§S§ 9 • D ER. F. 2 2 2 i 2225g2° 2 2 M A A �o T M b A A A A 0.< y ..--11 yy .-1 y yy yy nn yyN�jj % �e % X % o L T� 9 % a T f37 r m ii • F i i' 1 -4.J g i -il��i ii '.:17.' r a W W . m8 o4M 88C E5 9zg5HS C2 7" E92;; 1 7v -" N A A b r -71+, 1; 123, Y T[ p Z AT. Ff P Y Z '1 w ~ 7e VF. G r s 2 gRz :t=t Wr .-. IN199Sli O V G rp fp s A ri l r8 P y Ny N OI W V b r v A r O yp� A p N� !U+ pAq� 1+ yNy O N V O W !pp+� P A T o W k a N N N m W A 6 0 0 4 w ~O v 10 A W Gi a u 8:3.,3,",HbpW ptp1 pkt,u N N N N u0i N G G G O H 0 SMART GROWTH COMPARISON: ATTACHMENT 5 Polices listed below are taken from "Getting to Smart Growth il: 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:0510 -03 From: "B - I "Neighborhood Business District To "B -4" General Business District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 3 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail /service? I use added 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 -+ uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores Yes 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 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 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes within Yes I 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 I 0 x 3 more effectively? 0 The project promotes development (residential, commercial, office) with, a wide Yes l range in pricing available for varying income levels for sale or lease? No 0 x 3 0 4. Creates walkable neighborhoods. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and Yes 1 other services that promotes walkable communities and reduces long- distance 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 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 x2 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 —153— 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; Yes 1 x 4 utilizes land management techniques, to decrease the amount of pollution entering No 0 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes l x 3 environmental impacts? No 0 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 x3 minimum) to replace trees being removed? No 0 0 Provides community green open space or includes useable green space for outdoor Yes 1 x 3 recreation and preserves views of scenic, historic or cultural areas? No 0 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 farmland? No 0 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 '/4 mile 2 x 4 '/. to '/a mile 1 % + miles 0 12 is the availability of existing public services, such as police, fire, schools and Yes 1 3 . health, sufficient to serve the project? No 0 x . 3 Is the project a redevelopment of an existing building or brownfield area that would Yes l make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 3 communities? No 0 x 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 2 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 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 o No x 2 0 historically declining school enrollment? 8. Provides a variety of transportation choices. t 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x3 3 9. Makes development decisions predictable, fair and cost effective. 7 _ Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 2 The project is consistent with the Area Development Plan? Yes 1 — No 0 x2 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 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? No No x 3 0 Point Grading System: Smart Growth Rating Total Points 26 ❑ 0 -20 pts = * ® 21 -39 pts.= ** ❑ 40 -59 pts = *** ❑ 60 -79 pts = * * * * ❑ 80-100 pts = * * * * * -154- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall May 26, 2010 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza, Chairman Johnny Perales, P.E., Assistant City Manager, A. Javier Huerta, Vice- Chairman Engineering and Development Services James Skrobarczyk Robert Payne, AICP, Senior City Planner John C. Tamer Andrew Dimas, City Planner Johnny R. Martinez Miguel S. 5aldana, AICP, Senior City Planner Evon J. Kelly Deborah Brown, Assistant City Attorney Govind Nadkarni Elena Juarez Buentello, Recording Secretary Mark Adame Ashley Satterfield John Taylor Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espariol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. B. ZONING b. Case No. 0510 -03 Wallace and Shirley Graham — A change of zoning from the "B -1" Neighborhood Business District to the "B-4" General Business District for the purpose of establishing a veterinary hospital The property to be rezoned is Stonehenge Unit #1, Lot 1B, Block 1, located at 7201 South Staples Street at the intersection of Lipes Boulevard and Staples Street. Andrew Dimas, Development Services, presented New Zoning item "b" Case No. 0510 -03 via Apple Keynote, stating the applicant is requesting a change of zoning from the "B -I" Neighborhood Business District to the "B -4" General Business District. Mr. Dimas stated staff's approval of the "B -4" General Business District. In response to Commissioner Skrobarczyk, Mr. Dimas stated the future land use would not threaten the church or the public in the future due to ordinances and restrictions set forth by additional government agencies. Mr. Dimas stated the church was notified but failed to respond. In response to Commissioner Nadkarni, Mr. Dimas stated a special permit was not discussed. Public hearing was opened. —155— Planning Commission Minutes May 26, 2010 Page 2 Cliff Atnip, party's representative, stepped forward and stated the usage of the property was to expand the business. The solution, regarding the apartments located south of the property, is sound - proofed walls. Additionally, the hospital does not board animals unless the animal has undergone surgical procedures or the owner has left for a brief duration of time. Mr. Atnip stated that less than 3% of the practice's income for providing boarding services. Mr. Atnip stated the cost of buying the property and the limitations on space would avert any unwanted businesses from developing in the vacant areas. In response to Commissioner Nadkarni, Mr. Atnip stated the examples of hospitals shown -in residential areas likely fell into the "B -4" General Business District or had special permits. Commissioner Nadkarni expressed a concern that the "B -4" General Business District allows bars and that there is a church next to the subject property. Staff responded by indicating that if the property were used for a bar that there would have to be 300 feet between the entrance to the bar and the church property. Furthermore, the existing building could not meet the parking requirement for a bar. Public hearing was closed. Motion to approve staffs recommendation for New Zoning item "b" was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed 6 to 1. In favor: Garza, Huerta, Martinez., Skrobarczyk, Tamez, Taylor. In opposition: Nadkarni. In Abstention: Adarne, Kelly -156- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WALLACE AND SHIRLEY GRAHAM, BY CHANGING THE ZONING MAP IN REFERENCE TO STONEHENGE UNIT #1, BLOCK 1, LOT 18, FROM "B -1" NEIGHBORHOOD BUSINESS DISTRICT TO "8-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Wallace and Shirley Graham, 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, May 26, 2010, during a meeting of the Planning Commission, and on Tuesday, July 6, 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 Stonehenge Unit #1, Block 1, Lot 1B, located at 7201 South Staples at the intersection of Lipes Boulevard and South Staples Street, from "B -1" Neighborhood Business District to the "B-4" General Business District. (Zoning Map 044032) (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. 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. H:ILEG•DIR\ Shared\ LEGAL- ❑EV.SVCSI2010 Agenda17- 6- 101CASE NO. 0510 -03 WALLACE & SHIRLEY G RAHAM16.18.14.W allace.S h irley.Gra h am. B -1.to. B-4. doc —157— Page 2 of 3 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 Mayor, City of Corpus Christi City Secretary APPROVED: 6/30 , 2010 t borah Walther Bro Assistant City Attorney For City Attorney H:1 LEG- DIR1SharedlLEGAL- DEV.SVCS12010 AgendalCASE NO. 0510 -03 WALLACE & SHIRLEY G RAHAM16.18.10. Wa I Iace.S h i rley. Gra h a m. B -1.to. B-4. doc —158— Page 3 of 3 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. ilwe, 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:ILEG- DIR\Shared \LEGAL- DEV.SVCS12010 Agenda1CASE NO. 0510-03 WALLACE & SHIRLEY GRAFtAM16. 18.10.Wallace.Shirley.Graham.&i .to.8 -4.doc —159— 10 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: July 6, 2010) Case No. 0510 -05: Williams Airline Partner, Ltd.: Request: The applicant is requesting a change in zoning from the "A -1" Apartment House District and "A -2" Apartment House District to the "B -4" General Business District to accommodate additional parking for commercial development. The property to be rezoned is 0.235 acres out of Wilkey Addition Unit 2, Lot H located at 5854 Williams Drive, approximately 1,200 feet northwest of the intersection of Williams Drive and Airline Road. PLANNING COMMISSION AND STAFF RECOMMENDATION (May 26, 2010): Planning Commission and Staff recommends approval of the Applicant's rezoning request for the "B-4" General Business District REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning from the "A-1" Apartment House District and "A -2" Apartment House District to the "B-4" General Business District to accommodate additional parking for commercial development. Existing Land Uses: The subject property is currently vacant. Vacant, Public/Semi- Public, and commercial uses surround the property. Existing Zoning: The subject property is zoned "A-1" Apartment House District and "A -2" Apartment House District. "A -1" Apartment House District and "A -2" Apartment House District allows for Multi - family and single family residential uses, churches, public and non - profit private schools, hospitals, and assisted living facilities. Development in this district requires a 20 foot building setback from the street right -of -way lines, as well as, variable side and rear yards based on number of families. Proposed Zoning: The purpose of the "B-4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B -4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. Agenda Memo Case No. 0510 -05 Williams Airline Partner Page 2 Juan Perales, Jr., V.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnvp@cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) ZONING REPORT Case No.: 0510 -05 Planning Commission Hearing Date: May 26, 2010 Applicant & Legal Description Applicant: Williams Airline Partners, Ltd. Owner: Williams Airline Partners, Ltd. Representative: Urban Engineering Address: 7201 South Staples Legal Description/Location: 0.235 acres out of Wilkey Addition Unit 2, Lot H located at 5854 Williams Drive, approximately 1,200 feet northwest of the intersection of Williams Drive and Airline Road. Zoning Request From: "A -1" Apartment House District and "A -2" Apartment House District To: "B -4" General Business District Area: 0.235 Acres Purpose of Request: The applicant is requesting a change in zoning from the "A -1" Apartment House District and "A -2" Apartment House District to the "B-4" General Business District to accommodate additional parking for commercial development. Zoning Existing Land Use Future Land Use Site "A-1" Apartment House District / "A -2" Apartment House District Vacant Commercial North "B-4" General Business District Commercial Commercial South "A -1" Apartment House District / "A -2" Apartment House District Vacant Medium Density Residential East "B-4" General Business District Commercial Commercial West "R -1B" One- Family Dwelling District Public /Semi- Public & Vacant Public /Semi- Public & Commercial ADP, Map & Violations Area Development Plan: This tract of land is located in the Southside Area Development Plan and is planned for medium density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for medium density residential uses. Map No.: 042,035 Zoning Violations: None —165— Zoning Report Case #:0510 -05, Williams Airline Partners, Ltd. Page 2 Staff's Summary: • Request: The applicant is requesting a change of zoning from the "A -1" Apartment House District and "A-2" Apartment House District to the "B -4" General Business District to accommodate additional parking for commercial development. • Existing Land Uses: The subject property is currently vacant. Vacant, Public/Semi- Public, and commercial uses surround the property. • Existing Zoning: The subject property is zoned "A -l" Apartment House District and "A -2" Apartment House District. "A-I" Apartment House District and "A -2" Apartment House District allows for Multi - family and single family residential uses, churches, public and non -profit private schools, hospitals, and assisted living facilities. Development in this district requires a 20 foot building setback from the street right -of -way lines, as well as, variable side and rear yards based on number of families. • Proposed Zoning: The purpose of the "B -4" General Commercial District is to provide for various commercial uses, personal services, automotive services, etc. with access to an arterial street or freeway. Residential uses are allowed. The "B-4" General Commercial District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. • Transportation and Circulation: The subject property has access to South Padre Island Drive ( S.P.I.D.). The Urban Transportation Plans designates S.P.I.D, as an Fl Freeway/Expressway. Street Existing ROW Planned ROW Urban Transportation Designation Traffic Volume 2008 S.P.I.D. 400'14 to 10 lanes No Change Fl Freeway/Expressway 11,813 • Infrastructure Demand: o Water: An 8 -inch water line runs along S.P.I.D.. a Wastewater: An 8 -inch line runs from the adjacent property to the north. o Stormwater: Stormwater lines are along the north side of the fronting on S.P.I.D. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District C80. Crime statistics up to 2005 show a increase from 1,251 crimes committed in 1993 to 1,313 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number 14, located at 910 Airline Drive, approximately I mile from the subject property. —166— Zoning Report Case # :0510 -05, Williams Airline Partners, Ltd. Page 3 • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 100% (VGA) "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 o Flight Zone: None • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 34 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for medium density residential use; therefore, the proposed "B-4" General Commercial District is not 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. o CORPUS CHRISTI POLICY STATEMENTS: ■ III. LAND USE: POLICIES - GENERAL: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLAN. 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 property is within the area of the Southside Area Development Plan (SADP) which calls for the placement of commercial activities at locations with good access and high visibility. o b. MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, Zoning Report Case #:0510 -05. Williams Airline Partners. Ltd. Page 4 entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. o f. COMMERCIAL ACTIVITIES WHICH GENERATE LARGE VOLUMES OF TRAFFIC SHOULD HAVE DIRECT ACCESS TO AN ARTERIAL WITHOUT HAVING TO TRAVERSE LOW- DENSITY AREAS. Stores or businesses that provide supportive services and are characterized by activities of low intensity or that are otherwise beneficial to residential areas should be allowed to locate closer to neighborhoods. Businesses that generate high- traffic flows and are characterized by intense activity should be located at arterial intersections away from low - density housing and separated by a buffer. o SOUTHSIDE AREA DEVELOPMENT PLAN • LANE USE: 13.6 - POLICY STATEMENT High- intensity commercial and industrial areas should be buffered to provide transition from low- density residential areas through the existence of: A) Main roads; B) Public and institutional buildings; C) Open space; D) Scale of design; and E) Other transitional land uses. Plat Status: The subject property is not platted. Department Comments: • According to applicant's statement, the subject property is to be used as expansion area for required off- street parking. Planning Commission and Staff Recommendation: Approval of the request to rezone the subject property to the "B-4" General Business District. E E Number of Notices Mailed Total — 5 within 200 foot notification area; 4 outside notification area As of May 21, 2010 Favor Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) Attachments: I . Neighborhood 2009 Aerial 2. Neighborhood -- Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2009 Aerial -168- 5. Existing Zoning, Notice area. Ownership 6. Comments from Public Notices 7. Notice Mailing List 8. Smart Growth Principles i.'�� x�k. q.'t. s v;§?';:` ` - 4 War 1 -. .* IifOR ' `ERtRII'I f'•r F . . • 4. " i•fg Qri*. & .:OWNER I�I1P • • J1;1. Ai.b,i nl'Hase'oli�rt1 F1...' .linik� Xr{iailrblsYld J1 -1�4:1‘0•14;enl Iliac ElsFtl :F.2 .riegi�'Hp.olsFkl ....AEI' •Fr. ssIrr kid Itutl AT .Ti�blenFilsl.efsFl�l E -1. • ieIIri.f..l:elmr sis:6i.6 e-.1A grilkirre.I.e60lrea,tli#E1 a-1` ewwr,l9maire�`.EIsFtl a -3 'e�afrr IIsIld ' . E ..+ • Memel gsrlsY akjl[I. lii Pr rfii.amalre atskel • .e-a M1 remelt Emigres:repifkd' 'at. ;Ow uruolsk F -•R .f iFrnFhliiml Elsktl .. FFC • Hltkrlgl {4.j•rr Lrym .s. 'PreseNS _ • nags ;. r jig alp:orr. . ilirtii • uji hi rein harms rd.: • Fley:rymRFK 1ISkkl Plirel. tlrli lie kid mein! are F rrlp il* $tMd. .11- .1a,Cre F�rrIJ.tl *1F1'C��1d'' Cie Frill. ir,rry olFd: moiler `tl■eria'lasild ore f:4 noire dt ild'. aesrr ml�akb.tlkF�61 •fl• •• :l se mIlni tlklid'•: • • 9P: p�etlY Peri I. "' T -1jL'• grill .7■17r, PM' 'Oh Fel' l {rkra.A.riel�ra the `rife •11e7+rlllrei Flrine y.ilIId , 'Welt : #Ji; rib It i COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0510 -05 Name: Williams Airline Partner, Ltd. I. Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 5 Returned undeliverable: 0 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 1 Returned undeliverable: 0 Favor: 0 Opposition: 0 t 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:1PLli- DIRLSHAREDII. Planning commission \201 0 PC12010 Public Comments10510 -05 Williams Airline Partner, Ltd.doc -179- 0000 k!n 2\2/ t ri xxx CD }N§/ nn 00 C nn 22 __ • s aQ uea30 8t gsi,y7 snd,o) §§ § Id51aH7 5nddQ OLIN OA1H 3Nn311OHS N 008 00 I§ ON NI ( %!;°:% 0 /\; 0 SO-OESO "ON 3sd] 1SI1 dIH5t13NMO A.ENI103 S333f1N SMART GROWTH COMPARISON: ATTACHMENT 5 Polices listed below are taken from 'Getting to Smart Growth N: 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:0510 -05 From: "A-1" Apartment House District To 'B-4" General Business District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix land uses. 3 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail /service? 1 use added 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 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 I 2. Takes advantage of compact building design. • 0 Utilizes reduced setbacks and/or compact development that supports more stores YeS 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 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 0 3. Creates a range of housing opportunities and choices. 0 Implements a range of housing options with a variety of types and unit sizes within Yes 1 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. 0 Promotes development close to schools, corner stores, dry cleaners, restaurants, and YeS 1 other services that promotes walkable communities and reduces long- distance 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 0 Promotes development so children are close enough to walk to school? Yes 1 No 0 x2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 5 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 ; 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 3 Revitalizes the waterfront, beach, or bay areas? Yes 1 No 0 x3 0 Does the project remove blight from its neighborhood? Yes 1 No 0 x3 0 —181— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water- quality protection including wetlands, riparian corridors, floodpiains, and retains or creates buffer zones surrounding these areas; Yes 1 x 4 utilizes land management techniques, to decrease the amount of pollution entering No 0 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 3 environmental impacts? No 0 x 0 Supports tree preservation onsite and'or provides adequate tree landscaping (at a Yes 1 3 minimum) to replace trees being removed? No 0 x 0 Provides community green open space or includes useable green space for outdoor Yes 1 x 3 recreation and preserves views of scenic, historic or cultural areas? No 0 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 x 2 farmland? No 0 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 VI mile 2 x 4 ''h to ih mile 1 1/2 4- miles 0 12 Is the availability of existing public services, such as Police, fire, schools and health, sufficient to serve the project? Yes No 1 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would make the property a productive piece of land? Yes No 1 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with historically declining school enrollment? Yes o x 2 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 3 9. Makes development decisions predictable, fair and cost effective. 5 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 0 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 2 Is the proposed project located along transportation corridors where traffic is Yes 1 funneled to right -of -ways capable of handling the increased traffic without significantly decreasing the transportation levels of service for surrounding areas? No 0 x 3 3 Will the project design incorporate systems for reducing storm water runoff or Yes 1 provide onsite retention? No 0 x 3 0 Does project contribute to the economic vitality and diversity of the community or propose commercial or industrial development in areas with high unemployment or chronic poverty? Yes o 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 34 ❑ 0 -20 pts = * ® 21 -39 pts.= * * ❑ 40 -59 pts ❑ 60 -79 pts = * *** ❑ 80 -100 pts = *** ** —182— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall May 26, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk John C. Tames Johnny R. Martinez Evon J. Kelly Govind Nadkarni Mark Adame John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Robert Payne, AICP, Senior City Planner Andrew Dimas, City Planner Miguel S. Saldana, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Elena Juarez Buentello, Recording Secretary Ashley Satterfield Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:31 p.m. B. ZONING 1. New Zoning d. Case No. 0510 -05 Williams Airline Partner, Ltd., A change of zoning from the "A -1" Apartment House District/ "A -2" Apartment House District to the "B-4" General Business District The property to be rezoned is 0.235 acre tract out of Wilkey Addition Unit 2, Lot H, located at 5854 Williams Drive and Airline Road. Andrew Dimas, Development Services, presented New Zoning item "d ", Case No. 051 0 -05 via Apple Keynote, stating the applicant is requesting a change of zoning from the "A -1" Apartment House District I "A -2" Apartment House District to the "B -4" General Business District. Mr. Dimas stated staff's approval of the "3-4" General Business District. In response to Commissioner Skrobarczyk, Mr. Dimas stated the property on South Padre Island Drive is "3-4" General Business District and the rezoning is a simple addition to the existing zoning. This modification is to serve as additional parking. The remaining "A -1" Apartment House District / "A -2" Apartment House District will remain the same. Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. -183- Planning Commission Minutes May 26, 2010 Page 2 Motion to approve staffs commendation for New Zoning item "d" was made by Commissioner Skrobarczyk and seconded by Commissioner Martinez. Motion passed unanimously. -184- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY WILLIAMS AIRLINE PARTNERS, LTD, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.235 ACRES OUT OF WILKEY ADDITION, UNIT 2, LOT H, FROM "A -1" APARTMENT HOUSE DISTRICT AND "A -2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Williams Airline Partners, Ltd., 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, May 26, 2010, during a meeting of the Planning Commission, and on Tuesday, July 6, 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 0.235 acres out of Wilkey Addition Unit 2, Lot H, located at 5854 Williams Drive, approximately 1,200 feet northwest of the intersection of Williams Drive and Airline Road, from "A -1" Apartment House District and "A -2" Apartment House District to "B-4" General Business District. (Zoning Map 042035) (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 :1LEG- DIR1Shared1L EGAL- DEV.SVCS\2010 Agenda17- 6- 101CASE NO. 0510-05 WILLIAMS AIRLINE PARTNERS, L TD16.18.10.Will lams .Airline.Partners.A- 1.A- 2.Tob -4. Doc —185— 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 Mayor, City of Corpus Christi City Secretary APPROVED: 6,0 , 2010 eborah Walther Bro�ac Assistant City Attorney For City Attorney H: 1LEG- b1R\Shared\LEGAL- DEV.SVCS12010 Agenda\CASE NO. 0510-05 WILLIAMS AIRLINE PARTNERS, LTD16.18.10.Williams.Airline.Pa rtne rs.A -1. A- 2.tOS -4. dac Page 3 of 3 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: 1LEG- DIR\Shared1LEGAL- DEV.SVCS12010 AgendalCASE NO. 0510-05 WILLIAMS AIRLINE PARTNERS, LTD15.18.10. W i llia rns.Airline.Pa rtners.A- 1.A- 2.to8 -d. doC —187— 11 AGENDA CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION DATE: Tuesday, July 6, 2010 TIME: During the meeting of the City Council beginning at 12:00 p.m. PLACE: City Council Chambers, 1201 Leopard St., Corpus Christi, TX 78401 1. President Larry Elizondo calls meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Larry Elizondo, President Brent Chesney, Vice President Joe Adame Chris Adler Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott 3. Approval of Minutes of May 26, 2009. 4. Financial Report. 5. Motion authorizing the President to execute a lease to City of Corpus Christi of approximately 91.70 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C, D, E, F and G," Nueces County, Texas, located near intersection of Airport Road at Home Road, for recreational purposes. Officers `Angel R. Escobar, General Manager Armando Chapa, Secretary • Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer t 6. Public Comment. 7 Adjourn. MINUTES CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION May 26, 2009 5:22 p.m. PRESENT Board of Directors Larry Elizondo, Sr., Vice - President Joe Adame Chris N. Adler Brent Chesney Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Officers Angel R. Escobar, General Manager Armando Chapa, Secretary Mary Juarez, Asst. Secretary Cindy O'Brien, Treasurer Constance P. Sanchez, Asst. Treasurer Vice - President Elizondo called the meeting to order in the Council Chambers of City Hall. City Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice of the meeting had been properly posted. Vice - President Elizondo referred to Item 3, the election of officers. Mr. Chesney made a motion to reappoint Angel R. Escobar, General Manager, Armando Chapa, Secretary, Mary Juarez, Assistant Secretary, Cindy O'Brien, Treasurer and Constance P. Sanchez, Assistant Treasurer serving as officers, seconded by Mr. Kieschnick, and passed. Ms. Martinez made a motion to appoint Mr. Elizondo as President, seconded by Mr. Marez, and passed. Mr. Kieschnick made a motion to appoint Mr. Chesney as Vice - President, seconded by Mr. Scott, and passed. Vice-President Elizondo called for the approval of the minutes of August 12, 2008. Mr. Marez made a motion to approve the minutes as presented, seconded by Ms. Martinez, and passed. President Elizondo called for the financial report. Assistant Treasurer Constance Sanchez referred to pages 346 -347 regarding the summary of transactions for nine months ended April 30, 2009. She stated there were revenues earned of $547 and a balance of $68,419. The board had no questions. A motion was made, seconded, and passed to approve the financial report as presented. President Elizondo called for the General Manager's annual report. Mr. Escobar stated there was an amendment to the subject line and it should read Request for Meeting of the Corpus Christi Industrial Development Corporation (CCIDC) on May 26, 2009. There were no questions. President Elizondo called for the Designation of Secretary to serve as Registered Agent. A motion was made by Mr. Chesney, seconded by Mr. Scott and passed. —192— Minutes - Regular CCIDC Meeting May 26, 2009 - Page 2 President Elizondo called for public comment, and there was none. There being no further business to come before the corporation, President Elizondo adjourned the meeting at 5:26 p.m. on May 26, 2009. -193- Corpus Christi Industrial Development Corporation Balance Sheet May 31, 2010 Assets Current assets: Cash $ 68,560 Total assets $ 68,560 Liabilities and Fund Balance Fund balance: Undesignated $ 68,560 Total fund balance 68,560 Total liabilities and fund balance $ 68,560 Corpus Christi Industrial Development Corporation Summary of Transactions For Ten Months ended May 31, 2010 Fund balance at August 1, 2009 $ 68,470 Revenues: Interest earned 90 Total revenues 90 Fund balance at May 33, 2010 $ 68,560 liroW To: From: Subject: Date: City of Corpus Christi MEMORANDUM Corpus Christi Industrial District Corporation 'Angel R. Escobar, General Manager pie Request to Lease 91.7 Acres of Land June 30, 2010 In December 2009 the Parks and Recreation Department received a request to name a portion of the above referenced property the "Manuel Q. Salinas Park." Since that time the Parks and Recreation Department processed the request through the Parks and Recreation Advisory Committee. Recently, after additional research, the Legal Department indicated the property is owned by the Corpus Christi Industrial Development Corporation (CCIDC). When the property was initially transferred from the State, it was deeded to the CCIDC in order to create opportunities to leverage the value of the property for future development grant opportunities. The Parks and Recreation Advisory Committee recommended during their April 14, 2010 meeting and reaffirmed during their June 9, 2010 meeting to recommend naming approximately 51.14 acres of 91.7 acres of property the "Manuel Q. Salinas Park." Before Council considers the Parks and Recreation Advisory Committee request, the CCIDC may consider leasing the property or deeding it to the City of Corpus Christi. it is being recommended that CCIDC consider a motion to approve leasing 91.7 acres of land for 25 years to the City of Corpus Christi as described in the proposed lease. The proposed lease stipulates that in the event of termination or expiration of the lease, the CCIDC agrees to continue to use the City designated park name so long as leased premises are used as a park. It is being recommended to lease so that we can continue to consider leveraging the value of the property for future development grant opportunities. If you should have any questions, feel free to contact me via email at `angele©cctexas.com or telephone at 826.3220. —196— 6 m m v AIRPORT RO- -197- 1 Lease Agreement by and between Corpus Christi Industrial Development Corporation and the City of Corpus Christi, Texas This Lease Agreement ( "Lease ") is by and between the Corpus Christi Industrial Development Corporation ( "CCIDC" or "Lessor") and the City of Corpus Christi, Texas ( "City" or Lessee "). Article I Purpose 1.01 Lease. CCIDC, in consideration of the agreements set forth in this Lease, leases to City approximately 91.70 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C, D, E, F and G," Nueces County, Texas ( "the Leased Premises ") as shown on Exhibit A, and described by metes and bounds on Exhibit B, each attached to the Lease and incorporated for all purposes. Article 2 Use Restrictions 2.01 City shall use the Leased Premises only as a recreation area and for no other purpose. Article 3 Term 3.01 The term of this Lease shall be for approximately twenty -five (25) years expiring June 30, 2035, and will commence on date of execution by City Manager, unless terminated sooner pursuant to this Lease. Article 4 Consideration 4.01 Consideration. As consideration for this Lease, City agrees to maintain and operate the Leased Premises as a recreational area and pay for or provide for the payment of all costs associated therewith. Article 5 Representations of CCIDC 5.01 Authority to Lease. CCIDC represents and warrants that: A. CCIDC is the vested owner of title to the Leased Premises H:\LEG- DIR\Lisa12010 CCIDC\Lease City - CCIDC 0530v2.doc -199- 2 B. CCIDC has the authority to enter into this Lease; and C. The individual executing this Lease is the authorized officer, representative, or agent of CCIDC and has authority to bind CCIDC to this Lease. Article 6 Rights of City 6.01 Authority to Lease. City represents and warrants that City has the authority to enter into this Lease and that the individual executing this Lease is the authorized officer, representative, or agent and has the authority to bind City to the Lease. • 6.02 City has exclusive right to name all or part of the Leased Premises in accordance with the City's Resolution regarding naming of park facilities. In the event of any termination or expiration of this Lease, CCIDC agrees to continue use of the City - designated park name so long as Leased Premises are used as a park. 6.03 City has exclusive right to use any or all of the Leased Premises for any recreation purpose deemed appropriate by the City. 6.04 City has right to maintain and operate the Leased Premises for recreation purposes. City also has right to make improvements to the Leased Premises as deemed appropriate by the City. Article 7 ; ermination 7.01 City may terminate this lease with or without cause upon sixty (60) days advance written notice. 7.02 CCIDC may terminate this lease by first providing notice of default to City and 30 days opportunity to cure. CC1DC may thereafter terminate the lease should City fail to cure the default within 30 days of notice. 7.03 The parties may agree to terminate the lease at any time by mutual written agreement . Article 8 Assignment or Sublet of Leasehold Estate 8.01 Assignment. City may not assign this Lease or any part of it without the prior written consent of CCIDC. H:\LEG- D1R\Lisa12010 CCIDC\Lease City -CCIDC 0630v2.doc -200- 3 8.02 Sublet. City may sublet any part of the Leased Premises for use in a manner consistent with the usage as a recreation area. The parties acknowledge and ratify any previous leases executed by the City over the Leased Premises for athletic leagues. Article 9 Miscellaneous Provisions. 9.01 Notice. Any notice required or permitted under this Agreement under this Agreement must be in writing, and shall be deemed to be delivered (whether actually received or not), when deposited with the U.S. Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address set out below. Notice may alternatively or additionally be given by regular mail, personal delivery, courier delivery, facsimile transmission, email or other commercially reasonably means and will be effective when actually received. CCIDC and City can change their respective notice address by sending to the other party a notice of the new address. Notices should be addressed as follows: CCIDC: Corpus Christi Industrial Development Corporation c/o City of Corpus Christi Director of Economic Development P.O. Box 9277 Corpus Christi, Texas 78469 -9277 City: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax: (361) 829 -3239 9.02 Governing Law. The validity of this Agreement and all matters pertaining to this Lease, shall be governed and determined by the laws of the State of Texas and venue shall be in Nueces County. CITY OF CORPUS CHRISTI CORPUS CHRISTI INDUSTRIAL DEVELOPMENT CORPORATION BY: BY: 'Angel R. Escobar, City Manager Date: Attest: City Secretary Approved as to legal form: June 23, 2010 By: Larry Elizondo, President Date: H:\LEG- DIR\Lisa\2010 CCIDC\Lease City -CCIDC 0630v2.doc -201- fly ' / 4, - ,_ •,w,: /\ ..� m•_.414AV .s• _ • «. �_ >z%` .Apo#Rod ate• =,� .� _� 2 - :. - r & t G4 f kp /\ y'. /< : * • ' \ /`r : 4 / - /} ` « 4\ fE _- ) : 3� w ± < \ .# - ., . \ .�, / Exhibit Pi -202- } L!.. URBAN ENGINEERING J (361)854 -3101 P.O. BOX 6386 • CORPUS C144131, TEXAS 70466.6365 JOB NO, 37816,00,00 DBCAMHER 6, 2001 Revised: January 17, 2002 FAX (361)864 -6001 STATE OF TEXAS COUNTY OP NUECE$ F18LDNOTES fbr a 91.70 sore tract of land out of Tract 0. Cliff Maus Tracts "C, I], 13, F, & IT, a map of which is recorded in Volume 27, Page 95, Map Records of Nuecea County, Texas; said CiiWFMaus Tracts being a 248.566 acre tract out of portions of the L.M. Hitchcock 93.24 Arms ?root, Lots 9, 10, 15, & 16, Section F, Lot 2, Section B Paisley's Subdivision of the Hoffman Tracy the Vineyard TAM, it Lot 18, J.C. Russell Fame Lots, Corpus Christi, Nueces County, Texas; said 91.70 acre tract being more fully described by metes and bounds as follows; BEGINNING at a 1- 1121ncit iron pipe in concrete found on the nprthcast boundary of Home Road, a dedicated public roadway, for the common corner of Tract E and G, said Cliff Maus, and for the south comer of this tract, tom which a drill hole found for the southerly corner of said Trod E, same being the northerly intersection of said Nome Road and Greenwood Drive, a 70 foot wide public roadway, bears South 63°31'11" East (plat-South 63 °22'05" East), a distance of 200.10 foot (p1st=200,25 feet); THENCE, North 60 °29'22" West (p1at''North 60 °31'20" West), with the north boundary of said Horne Road, 4 distance of 324,33 feet (plat•-323.65 feet) to a 510 inch iron rod with red plastlo cap labeled "URBAN MICR. Cie, TX" set for the south corner of a 4.334 acre tract and for a comer of this tract; THENCE, North 29 °29'07" East (plat"North 29 °28'40" East), along the southeast boundary of satd.4.334 Rare tract, at 0,10 feet pass a found 5/8 inch iron rod, In all a distance of 691.10 feat (pla01690,17 feet) to a 5/8 inch ikon rod with red plastic nap labeled "URBAN ENCR. C. C, TXC' set for the northeast corner of said 4.334 acre Tract and an interior corner of this tract; THENCE, South 89 °57'50" West, along the northerly boundary of said 4.334 acne tract andof said Tract D, at 360.82 feet pato a 5/8 inchiron rod found for the north corner of said 4.334 acre tract and for the east camera! said Tract D, in all a distance 01 95135 Stet to a 518 inch iron rod with red pinto; cap labeled "URBAN ENGR. C.C. TX" sat for a common corner ofsaldTracta D and C and fbr a corner °Mb tract; THENCE, South 29 °28'40" West, continuing allang the northerly boundary of said Tract D, a distance of 57.77 feet (plat - 57.46 feet) to a 1 inch iron pipe found for a common corner of said Tracts I3 and 0 and for a corner of this tract; THENCE, North 89 °58'11" West (plat. South 89 °57'50" West), continuing along4he northerly boundary of said T ractD, at 333.33 feet pass a found 1 inch iron pipe, in all a distance of 333.83 feet (plat.. 333.18 feel) to a 518 itch iron rod with red past o ap Iaboled"URBAN 13M. cc. TX" set on the north boundary of said Horne Road, for the west corner of said Tract D, a center of said Tact 0 and a corner of this tract; THENCE, North 60 °29'22" West (plat -North 60 031'20" West), along the northerly boundary of said Homo Road, at 99,24 feet past a found 1 inch lion pipe, in all a distance of 220.80t (plat- 223.06 foot) to a I inch lion pipe foundfor the polntaf curvature of a nirauler'curvo to the right whose radius point bears North 29 °30'38" East;.a distance of 459.70 feet and having tee central angle of 60°26'12" (plat1w60 °28' It) "), &radius of 459,70 feet, a tangent distance+ of 267.75 feet (ptato267.92 feat) ended are length of 484.90 feet (plat - 485.16 feet); THENCE with said Circular curve to the right, an arc length of 484.90 feet (platE4485.16 feet) to a 5/8 inch iron rod with red plasdo cap labeled "URE ENGR. C.C. Tr set on. ate east boundary of Airport Road, a 260 foot wide public roadway, for point of tangency; 'THENCE, North 00°03'10" We along the east boundary of said Airport Road, same being the west boundary of said Tract G and of this tract, a distance of 1074.60 feet to a 518 malt iron rod with red plastic cap labeled "URBAN ENGR. C.C. TX' set for the northwest corner of this tract; C,1 DSKPRa ]1778161e000112N378r641a,doo 2726 OWANT i'm, nr) • '-Hopi r_wr sTI. r XAS 7b4n4 Exhibit -203- Paget eft 361} No. 3'x816.0000 Decombor 6, 2001 Revised: January.l7, 2002 THENCE, North 89 °58'36" Ent, crossing Tract 0 with the north boundary of this tract, a distance of 1208.63 feet to a 518 inch iron rod with red plashe cap labeled "URBAN BNOR. CC. Tr set ibr an interior comer of this tract; THENCE, North 00 °22'48" East (plat -North 00 °23'10" East), continuing with the notch boundary of this tract, 142,20 tint to a 5/8 inch iron rod with red ptaatie cap labeled "URBAN MGR. C,C. TX' set far southeast comer of Tract C, said Cliff Maus, for a corner of said Tract 0 and for a corner of this tract; THENCE; South 70°32'57" East (plat South 74 °32'57' East), continuing with the north boundary of this traot, same being the soutia.boundary of said Tract C, u dIStance of 190.41 feet to a 5/S inch iron rod with red plasda cap labeled "URBAN [NOR C.C. TX' sat fbr the southwest c omer of said Tract C for a corner of saidmaot 0 and for the northeast corner of this tract; FE, South 45°29'33" East(plat•"South 45 °34'40" East), with qte northeasterly boundary of this tract, 110.26 feet (plat -105 feet) to a 1 inch iron pipe found fora corner of said Tract 0 and of this tract; THENCE, So103160 °28'19" East (plat m Southh60 °26'10" East), with the mania* boundary of Block 5, Harlem Parse Addition, a.map of which is recorded in Volume 9, Page 57, Map Records of Nueecs County, Texas, a distance of 1,416,34 feet to a 1 inch iron pipe found. tor the north corner of Tract F, said Cliff Maus, for a corner of said Tract G and for a corner of thlstrnct; TRENCH, South 29 °30'54" West (plat - South 29 °29'20" West), along the common boundary of saidTracts P and 0, a distance of.100.00 feet to a 1 inch iron pipe found for the west corner of said Tmot F, a corner of said Tract 0 and an interior comer of this tract: THENCE, South 60°27'35" East (plat South 60°26'10" East), along the common boundary of said Tracts F and 0, a distance of 100,00 feet to a 1 inoh iron pipe foiuui on the northwest boundary of Greenwood Drive, for the south comer of said Tract F, the most easterly corner of odd Tract-0 and the most easterly corner of this tract; , '(ONCE, South 29°2910" West, along the northwest boundary of said Greenwood Drive, same being the southeast boundary of said Tract Gond of this tract, a distance of 1,591.53 fliet (prat' 1,591.26 feet) to a 5!$ inch iron and found fbr the east corner of said Tract E, a corner of said 'Not G and tbr a comer of this tract; THOME, North 60 °31'20" West, with the common boundary of said°Mots B and 0, a distance of 200,00 feet to a 1 inch iron pipe found fbr the north comer of said Tract E, an interior corner of said Tract Q and for an interior corner of this tract; THENCE, South 29°25'57" West (prat" South 29°29'20" West), with the common boundary of said Tracts B and 0, a distance of 200,12 feet (plat' '200.00 feat) to this POINT OF BEGINNING and containing 91,70 acres of land Hearings based on the northweSt boundary of Greenwood Drive, same being aoulhoastbounday of Tract G, CUffMaus Tracts "C, D, 13, F, & 0", a map of which is xecordedln Volume 27, Page 95, Map Records of Nuoces County, Texas. Unless this Field Notes Description, inotudittgpreamble, seal and signature, appears in1ts original urns, surveyor assumes no responsibility or liability for its a curay. CMDSKPRO 1170 (610 000\V1 37816A10.do r1 URBAN ENGINEERING ?, SAL ' AR, B.F.Q. icon No. 4909 Pm! ef2 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 6, 2010 AGENDA ITEM: A. Motion to authorize the City Manager or designee to execute a lease from Corpus Christi Industrial Development Corporation to lease to City 91.7 acres tract of land out of Tract G, as shown on Cliff Maus Tracts "C,D,E,F AND G,' Nueces County, Texas, located near intersection of Airport Road at Home Road, for recreational purposes. B. Ordinance naming approximately 51.14 acres of Lot 9, Block 7, Cliff Maus Tracts, located near intersection of Airport Road at Home Road, the Manuel Q. Salinas Park. ISSUE: The City has established a formal policy for naming parks and facilities. The City, through the Parks and Recreation Department, received a naming request from Fernando Salinas for the State School Park Property to be named for Manuel Q. Salinas. The Legal Department research indicated the property is owned by the Corpus Christi Industrial Development Corporation (CCIDC) Per explanation, when the property was initially transferred from the State, it was deeded to the CCIDC in order to create opportunities to leverage the value of the property for future development grant opportunities. BOARDICOMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) received the presentation at their January 13, 2010 regular meeting, and instructed staff to begin the 60 day process of due diligence research and public notification. During the 60 day due diligence process, five inquiries were made regarding the identification of Manuel Q. Salinas. Of those, three suggested additional qualifications or another community leader's name. In addition to family members who spoke in support of the request to name the park after Manuel Q. Salinas at Parks and Recreation Advisory Committee meetings, one member of the community spoke in favor of the park renaming. During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process the committee voted to recommend City Council approves the request to name approximately 51.14 acres of the State School Park Property, the Manuel Q. Salinas Park. (See Exhibit D) The City Manager requested an item be placed on the June 9, 2010 PRAC regular agenda to clarify the boundary intent of the committee members when approving the motion during the April 14, 2010 meeting. The members indicated the boundaries of the area intended to be named Manuel Q. Salinas Park did not include the entire State School Property (91.7 acres). Discussion followed regarding considerations for approximately 51.14 acres of undeveloped property or the soccer field area of about 14 acres near the corner of Airport and Home Roads. The committee voted to clarify its intent to name the undeveloped area of approximately 51.14 acres the Manuel Q. Salinas Park. (See Exhibit F) REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Advisory Committee recommends the City Council approve the request to name approximate 51.14 acres of the State School Park Property, the Manuel Q. Salinas Park. It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommended and PRAC has taken action by forming a task group to develop a naming /renaming process to address the larger community, regional, sports, and special activities park areas, with possible multiple name requests. R Mich el Morris, Directo Parks and Recreation Department 361-826-3464 M ich ae l M o (a7cctexa s. com Attachments: Background Information Exhibit A, Aerial map of Park Complex with Future Park Improvements Exhibit B, Council Resolution, and PRAC Policy Information for Naming of City Parks and Recreational Facilities Exhibit C, Request for Naming of Parks, PRAC Form — Manuel CI. Salinas Exhibit 0, Due Diligence Report to Parks and Recreation Advisory Committee Exhibit E, PRAC Minutes EJpt from April 14, 2010 Exhibit F. Due Diliaence R Update after April 14, 2010 BACKGROUND INFORMATION The entire park property of 91.7 acres adjacent to the State School is located in the Cliff Maus Tract G /State School Park Property at 1343 Airport Road. The approximate 51.14 acres of park land located near the intersection of Airport Road at Home Road is requested to be named the Manuel Q. Salinas Park. On December 10, 2009, Stacie Talbert, City of Corpus Christi, Parks & Recreation Interim Director received a request from Fernando Salinas to name the State School Park Property the Manuel Q. Salinas Park (Exhibit C). The Parks & Recreation Advisory Committee (PRAC) received the request at their January 13, 2010 regular meeting. The committee requested staff complete their due diligence report for the March 10, 2010 meeting (see Exhibit D), Previous staff research (from the Carl Lewis name request,) noted the park property had not previously been named. It was only referenced as the State School Park Property or State School Park due to its proximity to the State School — making the area eligible to be named after Manuel Q. Salinas in accordance with Section C of Resolution Number 028430. Public notification signs (for Salinas) were posted at the park property on February 2, 2010. Notification fliers were mailed to 52 property owners within a two hundred feet radius of the site on February 8, 2010. Part of the public notice was an invitation to contact the Parks & Recreation Department with comment, or to attend the Parks & Recreation Advisory Committee meeting. An official City Press Release was distributed February 10, 2010 with a reminder sent on March 10, 2010. Public Notice was published in the Corpus Christi Caller Times on the Sundays of February 28, 2010 and March 7, 2010. However, all public notices were distributed with an erroneous March 11th meeting date for PRAC. Therefore, the item was tabled at the PRAC meeting of March 10, 2010. Notifications were re- posted and re -sent noting the April 14th PRAC meeting date. Park signs were re- posted by March 181h. Fifty -two neighborhood notifications were re- mailed March 12u1. Thirteen notices were returned as undeliverable. Newspaper Public Notices were re -run on April 4th and 11th. Five inquiries were received regarding the identification of Manuel Q. Salinas. Of those three suggested additional qualifications or another community leader's name. In addition to family members who spoke in support of the request to name the park after Manuel Q. Salinas at the Parks and Recreation Advisory Committee meeting, one member of the community spoke in favor of the park renaming. Information provided by Manuel Q. Salinas (1927 -2007) Family Long time resident of the Molina Neighborhood Semi- professional baseball player in Texas Leagues in 1950s and 1960s - Sought and acquired permission to utilize State School Property as baseball fields in 1960s and 1970s a Area unofficially referred to as Salinas Field Later acquired permission to utilize same area for soccer leagues in late 1970s Advocated and promoted creation of soccer leagues for youth on the West side • First President of the Corpus Christi Latin Soccer League During the regular PRAC meeting of April 14, 2010 the committee discussed the need to expand the process for naming large parks or sports complexes. It was also noted that other names were suggested but the paperwork was not complete or brought to the meeting because the process needed modification. Since this application was received under the current process the committee voted to recommend City Council approves the request to name the State School Park Property, the Manuel Q. Salinas Park (see Exhibit E). -209- it is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommended and PRAC has taken action by forming a task group to develop a naming /renaming process to address the larger community, regional, sports, and special activities park areas, with possible multiple name requests. RESOLUTION AMENDING CITY COUNCIL POLICIES ADOPTED BY RESOLUTION 021901 REGARDING NAMING OF CITY FACILITIES TO PROHIBIT THE RENAMING OF A FACILITY ALREADY NAMED IN HONOR OF A PERSON, GROUP OR EVENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Resolution Number 021901 which adopted policies and general rules and procedures of the City Council, is amended to prohibit the renaming of a City facility which was previously named after person, group, or event. "6. Naming of City parks and recreational facilities. A formal policy for naming of parks and recreation facilities in the City of Corpus Christi is hereby adopted, and the guidelines shall be as follows: A. Donations. Upon donation of at least 51 percent of the value of a park or park facility and upon recommendation of the Parks and Recreation Advisory Committee, the City Council may name the park or park facility as the donating party designates if the park or park facility has not already been specifically named in honor of a person, group, or event. B. Subdivision Dedication. Park land received through dedication under the City's Platting Ordinance shall be named by the Parks and Recreation Advisory Committee. No formal action needs to be taken by the City Council. C. Name Change. Only the following facilities are eligible to be considered for name changes: (1) park or park facility which is not already named in honor of a person, group, or event: and (2) park or park facility which was named for the subdivision in which it is located. The following definitive steps shall be taken regarding a proposed name change for these eligible parks and park facilities. (1) Persons, groups, or organizations desiring the name change shall fill-out complete a request for name change and submit the proposal to the staff of the Parks and Recreation Department for review and consultation with the requesting entity. (2) Name change requests shall be submitted to the Parks and Recreation Advisory Committee. No action may be taken by the Beard committee for a minimum of 60 days after receipt of the proposal. 028430 H:1LEG- DIR'Lisa12009 Resolutions1Naming of City facilities November 9.doc —213— Exhibit B Page 1 of 6 2 (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general circulation giving notice of the proposed name change. (4) Written comments are to be submitted to the Parks and Recreation Advisory Committee and interested individuals are invited to come before the 8eafd committee to address the issue. (5) At the first meeting after the 60 -day waiting period, the Parks and Recreation Advisory Committee will take one of the following actions: (a) Approve the request and refer the recommendation to the City Council; (b) Reject the request; or (c) Table the request for future action or additional information. In the event the request is rejected by the Beard committee, the requesting entity may appeal the rejection to the City Council. (6) The Council shall consider the request and either approve or reject the request. The Council, at its option, can waive all provisions herein provided for eligible park and recreation facilities in commemorating or memorializing an individual, group or ad event. If approved, the Parks and Recreation Department shall arrange suitable renaming ceremonies. Costs associated with renaming ceremonies and the provisions of markers, signs, plaques, or memorials shall be borne by the entity proposing the name change. D. Special Considerations. In choosing names after individuals, consideration may be given to persons living or dead. Special consideration shall be given to the contributions the person has made to the City, State, or Country. A facility or park may not be named after an individual currently in public office or serving as an employee of a local governmental jurisdiction. A one -year waiting period after termination from completion of public office or municipal employment is considered adequate. Names related to religious denominations will generally not be favorably considered unless the rules of donation apply. Input from neighborhood organizations in the immediate vicinity of the park or facility will be sought in the case of a name change request. E. Renaming of park or park facility. The renaming of a park or park facility which is already named in honor of a person, group, or event is not permitted. 8. Naming of City facilities. Final decisions regarding the naming of City facilities shall be the decision of the City Council. The City Council may request recommendations from City Boards, Commissions, Committees, or other advisory bodies. Costs associated with renaming —214— Exhibit B Ticino he A 3 ceremonies and the rovision of markers si ns la ues or memorials shall fie borne b the entity requesting the name change. The renaming of any City facility which is already named in honor of a person, group, or event is not permitted? SECTION 2. This Resolution takes effect on date of City Council approval. ATTEST _ THE CITY OF CORPUS CHRISTI Armando Chapa 5)e—me City Secretary Mayor APPROVED: Th6rv• , 2009. Lisa Aguila��+ssistant City Attorney —215— Exhibit B Page 3 of 6 Corpus Christi, Texas of -112-e - , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott t '98430 Parks & Recreation Advisory Committee Process Summary For Naming or Renaming Parks and Recreation Facilities Consistent with City Resolution 028430, Effective December 8, 2009 City Council Policies, Part II, Section 6, Naming of City Parks and Recreational Facilities Where the naming of a neighborhood or small park or park facility is proposed, the following steps are taken: 1. The entity proposing naming or renaming of Parks and Recreation park or facilities must complete a Request form and submit it to the of the Director of the Parks and Recreation Department for review. A letter of consent from the proposed namee or his/her family must be attached to the request form. The requesting. entity is advised of their responsible costs *. 2. The Director will arrange for the item to be on an upcoming Parks & Recreation Advisory Committee (PRAC) agenda. 3. After hearing the request, either from the Director or the requesting entity, PRAC may take one of the following actions: a. decline the request b. consider the request by asking Staff to prepare the Due Diligence Report following the 60 -day waiting period. 4. During the 60 -day waiting period, the Parks and Recreation Department will distribute notification announcing consideration of a name or of a name change, including an invitation to contact the Parks & Recreation Department at a given telephone number or to attend a PRAC meeting given the appropriate meeting date, time and location so interested individuals may address the Committee. Notification is distributed by: a. posting sign(s) in the park, b. distributing fliers to the surrounding neighbors, and by c. placing two notices in the local newspaper. An additional Public Announcement is provided through the City's Public Information Office when addressing a request involving a park of Community, Regional or larger size. The department collects public comment(s) and completes research of historical data regarding the current name or referenced name. 5. At the first meeting after the 60 -day waiting period, PRAC will receive all pertinent information in a Due Diligence Report and will take one of the following actions: a. approve the request, b. reject the request, or c. table the request for future action or additional information. In the event the request is rejected by the Committee, the requesting entity is advised they may appeal to the City Council. 6. The Council shall consider and either approve or reject the request. * Costs associated with naming ceremonies, provision marker, plaque, or memorial shall be borne by the entity proposing the name. Additionally, the cost associated with new park signage, whether single sign or multiple signs, shall be borne by the entity proposing the name. (The requesting entity will receive the current signage estimate from the Parks & Recreation Director.) —217— Exhibit B Page 5 of 6 REQUEST FOR THE NAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF COPRUS CHRISTI, TEXAS 1. Type of area or facility (park, building, pool, etc.) 2. Location 3. Suggested Name 4. Please describe why you feel this name to be appropriate. 5. Name and address of person making request. Name Address Phone 6. Do you represent an organization with respect to this request? If `yes', name organization 7. Date of this request FOR OFFICE USE ONLY: Request: Approved Rejected Tabled Date of Committee Action Date of Council Action Legal Notice -- Newspaper Public Notice — Neighborhood -218- Exhibit B Page 6 of 6 REQUEST FOR THE NAMING OR RENAMING OF PARKS AND FACILITIES PARK AND RECREATION DEPARTMENT CITY OF CORPUS CHRISTI, TEXAS Type of area or facility (park, building, pool, etc. ) Park 2. Location orn r f an arne 5 to pal 3. Suggested Name Manuel 0. Salinas Park 4. Please describe why you feel this name to be appropriate. This un anted Dark area has been used for recreational purposes by thousands of people over the oast four decades (esucciaily for soccer and baseball). Mr. Manuel O. Salim was the drivine and organizing force that developed these ftmiiv and recreational activities at that location. This unofficial Westside park area has been affectionately known as Salinas Park for Aver three decades. (Attacbments,Photos. etcs Will Follow). 5 Name and address of person making request. Name Fernando Salinas Address 4405 Valdez Dr. Phone (361) 658 -3900 6. Do you represent an organization with respect to this request? No If yes, name organization 7. Date of request November 2.3. 2009 —219— Exhibit C Pape I of 2 The Manuel Q. Salinas Family To: The Parks and Recreation Advisory Committee From: The Manuel Q. Salinas Family Re: Support of the Manuel Q. Salinas Park Naming Date: December 10, 2009 We, the family of Manuel Q. Salinas (Manuel Salinas Jr., Fernando Salinas, Carlos Salinas, and Virginia "Tina" Salinas Castillo), do hereby acknowledge and wholeheartedly support the naming of the State School property (corner of Airport Rd. and Horne Rd.) and future park to be named Manuel Q. Salinas Park. This unnamed park area has been used for recreational purposes by thousands of people over the past four decades (especially for soccer and baseball). Mr. Manuel Q. Salinas was the driving and organizing force that developed these family and recreational activities at that location. This unofficial Westside park area has been affectionately known as Salinas Park for over three decades. Respectfully yours, anuel Salinas Jr. Fernando Salinas Carlos as Viiri- e4sttllm Vit ittia "Tina" Salinas Castillo —220— Exhibit C PC■ 7 nf7 State School Park Property Naming Project To Manuel Q. Salinas Park Staff, Due Diligence Report April 14, 2010 On December 10, 2009, Stacie Talbert, City of Corpus Christi, Parks & Recreation Interim Director received a request from Fernando Salinas to name the State School Park Property the Manuel Q. Salinas Park. The Parks & Recreation Advisory Committee (PRAC) received the request at their January 13, 2010 regular meeting. The committee requested staff complete their due diligence report for the March 10, 2010 meeting. Staff research noted the park property had not previously been named. It was only referenced as the State School Property Park or State School Park due to its proximity to the State School. Public notification signs were posted at the park property on February 2, 2010. Notification fliers were mailed to 52 property owners within a two hundred feet radius of the site on February 8, 2010. Part of the public notice was an invitation to contact the Parks & Recreation Department with comment, or to attend the Parks & Recreation Advisory Committee meeting. An official City Press Release was distributed February 10, 2010 with a reminder sent on March 10, 2010. Public Notice was published in the Corpus Christi Caller Times on the Sundays of February 28, 2010 and March 7, 2010. However, all public notices were distributed with an erroneous March 11th meeting date for PRAC. Therefore, the item was tabled at the PRAC meeting of March 10, 2010. Notifications were re- posted and re -sent noting the April 14th PRAC meeting date. Park signs were re- posted by March 18t. Fifty -two neighborhood notifications were re- mailed March 12th. Thirteen notices were returned, undeliverable. Newspaper Public Notices were re -run on April 4th and 11th To date, there have been 3 names recommended for consideration. Staff continues to receive inquiries of interest. Staff Recommendation: At this time, staff cannot recommend any name for the State School Park Property. It is anticipated that several regional size parks will be developed and dedicated over the next three years. Therefore, staff recommends further development of the naming /renaming process when addressing the larger community, regional, sports, and special activities park areas. Current input from citizens and staff suggests consideration of a similar process as used by CCISD for naming the schools. Staff requests the committee's approval for this process development with a progress report to be given at the May meeting. Stacie Talbert, Interim Director Parks and Recreation (361) 826 -3476 -221- Exhibit ID Page 1 of 2 July 20, 2009 November 23. 2009 December 10, 2009 January 13, 2010 January 21, 2010 February 2, 2010 February 8, 2010 February 10, 2010 February 28, 2010 March 7, 2010 March 8, 2010 March 10, 2010 March 11, 2010 March 12, 2010 March 18, 2010 April 4, 2010 April 11, 2010 April 12, 2010 April 14, 2010 PARK RENAMING PROCESS for State School Park Property to Manuel Q. Salinas Park Due Diligence Report Check List Property name research previously completed for Carl Lewis naming request. Is the current name a sub - division name? NO Was the park named for someone /something specific? NO Staff research of current name yielded no formal name found. The site is commonly referenced as the State School Park Property due to its proximity to the State School. Director receives request form Director receives permission letter to complete request PRAC informational presentation by request -ee PRAC requests due diligence report (60 day process) Staff notified with information to order park signs Staff notifies City Secretary's Office to post newspaper Public Notices twice Staff posts notification signs at park Staff mailed informative fliers to 52 park neighbors; 10 returned undeliverable City Press Release Issued Public Notice appears in Corpus Christi Caller Times newspaper Public Notice appears in Corpus Christi Caller Times newspaper Director receives all compiled due diligence information PRAC tables the item because all public notifications gave incorrect PRAC meeting date. City Press Release Issued Staff will re -send all public notifications with April 14th meeting date. Staff notified with information to re -order park signs Staff notifies City Secretary's Office to re -post newspaper Public Notices twice Staff re- mailed informative fliers to 52 park neighbors; 13 returned undeliverable Staff re -posts notification signs at park Public Notice re- appears in Corpus Christi Caller Times newspaper Public Notice re- appears in Corpus Christi Caller Times newspaper Director receives all compiled due diligence information PRAC receives due diligence report and approves request, with agreement to suspend naming activity until process revision is complete. —222— Exhibit D Page 2 of 2 Minutes Excerpt: PARKS AND RECREATION ADVISORY COMMITTEE Regular Meeting April 14, 2010, 5:00 p.m. Sixth Floor Conference Room, City Hall 1201 Leopard Street, Corpus Christi, TX 78401 All members present. C. Old Business for Discussion and Possible Action 1 Due Diligence Report for Request to Name the State School Park Property, Manuel Q. Salinas Park — handout provided in meeting packet. Stacie Talbert reviewed the Due Diligence Report noting the department has not received any calls specifically against renaming the park property for Mr. Salinas. However, the department has received calls inquiring about Mr. Salinas' identity. Usually, these calls would suggest other community leaders be considered in the renaming process. Since other names were coming forward, Ms. Talbert suggested the callers hold their requests in consideration of expanding the current process to better address multiple suggested names for large park areas. Then all submissions could be appropriately evaluated. Discussion was held by the committee members. > Concern was expressed about changing the process after accepting the request. > The previous time line for consideration of Carl Lewis' name was clarified by noting the meeting agenda called for the member vote when David Noyola and Fernando Salinas requested the committee table the item so they could correctly submit Mr. Salinas' name and additional historical data about the park could be collected by staff. Thereafter, Mr. Lewis' name was withdrawn by his family in consideration of his nomination for a school name. > Concern was also expressed regarding the absence of the additional naming recommendations. Danny Noyola addressed the committee requesting support of naming the park for Manuel Q. Salinas. Jesse Noyola addressed the committee suggesting they let the City Council approve or decline the Salinas name. Javier Colmenero said he came to share Manuel's story, including some CDBG funds were earmarked for 'Salinas Park'. Isabel Martin stated she was the niece of Manuel. She feels the man was a visionary man who loved youth, baseball, soccer and wanted to help his community. Each family member suggested the committee follow the existing process and name the park for Manuel Q. Salinas. Huxley Smith made a motion for the committee to execute the vote. Carlos Haney seconded. Motion passed. Huxley Smith made a motion to recommend to City Council the State School Park Property be named the Manuel Q. Salinas Park. Carrie Robertson seconded. Motion passed. -223- Exhibit E DUE DILIGENCE REPORT TO CITY COUNCIL UPDATE FROM APRIL 14, 2010 The State School Park Property naming item was addressed during the regular Parks and Recreation Advisory Committee (PRAC) meeting held on April 14, 2010. Despite staffs suggestion to table the item in order to review the procedures for processing park naming (or renaming) requests, the committee unanimously approved the motion to name the property Manuel Q. Salinas Park. The following information details the process after the April 14, 2010 PRAC meeting. At their May 12, 2010 meeting, PRAC voted to suspend naming or renaming requests for parks larger than neighborhood size until the process could be reviewed and modified to address the larger park areas. A task force of four PRAC members was created to research, gather information, and present modification options at a future meeting. While preparing the caption for the Salinas Park City Council agenda item, the City Attorney brought to the department's attention an official survey of the property which indicated the park acreage was 91.7 acres rather than the 105.493 acres used in the public notification process. The City Attorney suggested the department.update the council agenda item to reflect the surveyed acreage. The Parks and Recreation Department (PARR) prepared the Salinas Park agenda item for the May 18, 2010 City Council meeting. Upon review, the City Manager elected to pull the item from the agenda because an outdated Park Naming /Renaming Ordinance was included. The item was postponed to the May 25, 2010 agenda. At that time the City Manager requested the department update the agenda information to include; the current Park Naming /Renaming Ordinance (approved by City Council in December 2009), maps of the property in question, and detailed reports regarding the process that was followed leading up to the April 14, 2010 PRAC meeting. After reviewing the information provided and receiving concerns from City Council members, the City Manager elected to pull the agenda item from the May 25, 2010 agenda and began studying the process in greater detail — questioning staff and PRAC members about their perception of the process and the intention of their vote. It was noted that during the process a map was not presented to the committee explaining the exact boundaries of the property, nor did a discussion occur to distinguish the developed portion of the property from the undeveloped property. Though committee members did not express confusion or seek clarification, this information could have incited such discussion. From speaking with individual PRAC members during his review, the City Manager noted some members were under the impression the portion of the State School Park Property being considered for naming consisted only of approximately 51.14 acres on the front, undeveloped portion of the property, not the entire 91.7 acres of the property. Further review noted the renaming request form completed by Fernando Salinas noted the corner of Airport and Home Roads. While preparing the Council agenda item, additional research through the Legal Department indicated the property is owned by the Corpus Christi Industrial Development Corporation (CCIDC). Per explanation, when the property was initially transferred from the State, it was deeded to the CC1DC in order to create opportunities to leverage the value of the property for future development grant opportunities. Exhibit F Page 1 of 2 The City Manager requested staff place the item on the June 9, 2010, PRAC regular meeting agenda to clarify the boundary intent of the members when approving the motion on April 14, 2010 to name the State School Park Property as Manuel Q. Salinas Park. During the June 9, 2010, PRAC meeting, the City Manager addressed the committee members by; reviewing details of the process used, providing a map illustrating the property boundaries and a map showing proposed improvements to the property per the Master Plan and 2008 Bond Funding, and providing an explanation of previous expenditures used for existing improvements. The City Manager told the group he was seeking clarification for the portion of the State School Park Property they intended to be named Manuel Q. Salinas Park with their approval during the April 14, 2010 meeting. The City Manager stated he heard three main considerations when speaking to the members; the soccer field area of about 14 acres, the undeveloped area off Airport and Home Roads of about 51.14 acres, and the complete property of 91.7 acres. Per the agenda, the City Manager and Legal Staff offered the following committee action options; table the item for more information, or clarify their intent. Clarification was given regarding the property ownership by the Corpus Christi Industrial Development Commission ( CCIDC) and its interaction with the City. When the State gave the land to the City it was deeded to the CCIDC so the City could use its value toward any required grant funding match. The City Manager further clarified if the land deed is changed to the-City, the value could not be used in future grant applications. However, if the property is leased by the City from CCIDC, negotiations could include provisions for maintenance, naming rights, improvements, etc. He noted, leases are usually for the length of the bond debt or 20 years. The City Manager informed the committee that their naming efforts would be considered in the upcoming process regarding that property ownership. The committee heard remarks from Roland Garza, Danny and Jesse Noyola. Roland Garza's comments contained a suggestion to name the entire park property for the children who have played there as well as for those who will play there; perhaps the Children's Miracle Park. The Noyola's reiterated their support for naming the park area for Manuel Q. Salinas by requesting the committee clarify their intent verses rescinding their decision and starting the process again. After much exchange of information, and discussion each member was polled to give their interpretation used for the April 14th vote. Two interpretations were voiced; the soccer field area of about 14 acres, or the undeveloped area consisting of about 51.14 acres. Each member was again polled to calculate the support for each of the two interpretations of their intention. The approximate 51.14 acre area received the most support. The formal motion was then made and seconded to name the undeveloped area of about 51.14 acres the Manuel Q. Salinas Park. The motion passed with a vote of 8 supporting, 2 against, and 1 abstaining. The City Manager expressed appreciation for the committee's time and effort. He confirmed that he will now be able to tell Council their intent. Exhibit F Page 2 of 2 Page 1 of 2 ORDINANCE NAMING APPROXIMATELY 51.14 ACRES OF LOT 9, BLOCK 7, CLIFF MAUS TRACTS, LOCATED NEAR INTERSECTION OF AIRPORT ROAD AT HORNE ROAD, THE MANUEL Q. SALINAS PARK. WHEREAS, the City of Corpus Christi Parks and Recreation Department received a request to name property used as park property near the Corpus Christi State School and located near intersection of Airport Road at Home Road, the Manuel Q. Salinas Park; WHEREAS, the Parks & Recreation Advisory Committee ('PRAC ") considered this request at their January 13, 2010 regular meeting at which time they requested staff begin their due diligence research and began the 60 day process of public notification; WHEREAS, notice was posted at the location on February 2, 2010, and on March 18, 2010 with legal notice about the proposed name change posted in the Corpus Christi Caller Times on February 28, 2010, March 7, 2010, April 4, 2010 and April 11, 2010; WHEREAS, the PRAC considered the request and voted to recommend the park property name change to the City Council at their April 14, 2010 meeting, and at their meeting on June 9, 2010, clarified the area recommended to be named for Manuel Q. Salinas as the 51.14 acres of Lot 9, Block 7, Cliff Maus Tracts, which is located near intersection of Airport Road at Home Road; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of approximately 51.14 acres of land out of Lot 9, Block 7, Cliff Maus Tracts, as depicted on the attached Exhibit A, and located near intersection of Airport Road at Home Road, is hereby named the Manuel Q. Salinas Park, Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: 2010 By :'_ Lisa Ag uila`r' Assistant City Attorney for the City Attorney L c tl E E (I) a) a) E i — -. December 10, 2009 A Department Received Request from Fernando Salinas to name the State School Park Property, the Manuel Q. Salinas Park • January 13, 2010 PRAC Meeting • Public Notification • February 2nd Notification signs posted at park • February 8th Neighborhood flyers mailed • February 28th 1st Caller Times notification published ▪ March 7th 2nd Caller Times notification published • March 12th Neighborhood notification flyers re- mailed • March 18th Notification signs re- posted at park . April 4th 1st Caller Times notification re- published . April 11th 2nd Caller Times notification re- published c 13 0 Co a) o 0 c .0) c 0 I. L 0 T 0 Z 0 .CO E L 0 > ■ T 0 0 0 szn Z -a a) c • i o 0 c ti E E u ) a) a) E • Input received . Requests for Identification Information on Manuel Q. Salinas • Other Names Suggested cn cz c Co u) d (7 c Co c 0 c 0 co E 0 c c 0 0 4- a) -o I O a) -o c 4E' o .� W • o O ID CO • CL U u) (7• 3 E E a a) E _c co c A Member considerations were for two alternatives: c L O Q Q 4E) o 0 0 o_ a) a o L o (7 a) D 4U ) � 45 N 45' (o _a T O � N (6 D CO E ■N O O U O Ea) Q co_ con • • Information on Manuel Q. Salinas (1927 — 2007) Information provided by the Family of Manuel Q. Salinas O N 0 N co 0 N E 0) O J A 0. co 0 (0 O co O Q CO C O 0 0 U (/) u) O C/) CD N -0 O p F, co .c E cn N 0_4_ CD CO co co _a To c ca 45 co s (-T) = O Q O L- (/) 0- A N 0 0 O co O 4— co 0 co N E ca co N N 0 •O (/)u 00) -0 0 0c cn CZ co co 0•— J N A O 4- co N 0) co N N 0 0 O co 4E) O ca 0 0 o -0 E(0 o }, a) CZ N c U O O -c 0 co 13 AGENDA MEMORANDUM City Council Action Date: July 6, 2010 SUBJECT: Q.N. Stevens Facilities Feed Optimization Improvements (Chlorine /Chloramine Optimization Assessment) — AMENDMENT NO. 1 Project No. 86051 CIP No. WA 02 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $1,832,547 for a total restated fee of $1,875,447 for design, bid, construction phase and additional services for the C.N. Stevens Facilities Feed Optimization Improvements (Chlorine/Chloramine Optimization Assessment). (CIP 2010) ISSUE: The Q.N. Stevens Water Treatment Plant is an aging facility that requires strategic capital improvement projects to enhance the operational readiness, code compliance, and implementation of new and improved technologies and processes. This plant is a regional facility and provides treated water to Corpus Christi and a number of other communities in the Coastal Bend. While the plant has the capacity to handle the current regional daily water demand, the increased capacity that results from this project will be required by 2015. The plant's basic design is based on two treatment trains; however there are certain process units that do not have redundancy and therefore do not allow the plant to be operated as two completely separate treatment trains. This project along with the Raw Water Influent Improvements project (under design) will allow for complete separation of the two treatment trains into a truly redundant process. The proposed project is one of six major improvement projects at the plant that have been undertaken recently or are planned to be started shortly. They include the following: • O.N. Stevens Facilities Feed Optimization Improvements D D.N. Stevens Electrical Distribution Improvements • D.N. Stevens Process Monitoring Instrumentation and Automation Improvements • D.N. Stevens Raw Water Influent Improvements • D.N. Stevens Disinfection Improvements • D.N. Stevens Facility Alterations The D.N. Stevens Facilities Feed Optimization Improvements project will build upon the analysis and recommendations made in the O.N. Stevens Facility Analysis Engineering Report (City Project No. 8426), which produced two primary documents: 1) the Engineering Letter Report on Automation and Electrical Supply System dated August 2003, and 2) the overall Facility Analysis Engineering Letter Report dated May 2005. The D.N. Stevens Facilities Feed Optimization Improvements project also incorporates the findings of free chlorine pilot work performed in the summer of 2007. The proposed motion authorizes an amendment to the contract for Facilities Feed Optimization Improvements (ChlorinelChloramine Optimization Assessment). The amended contract consists of preliminary, design, bid, and construction phase services and HAHOMEERa hel etiGEMWelenONSW 1 ;9605- Fedlities Feed OplimiielionWT J2 rendaMemo rev.dac additional services for this project. LNV Engineering was initially selected for this project through Request For Qualifications (RFQ) No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services. The original contract for this project was executed on June 3, 2008. FUNDING: Funding is available from the Water Capital Improvement Budget FY 2010 and future Water CIP funding. RECOMMENDATION: Staff recommends approval of the motion as presented. C�/ ° Gustavo Gonzalez, P.E. Director of Water Services 361/826 -1 874 ustaVaq otCCtexa s. corn Addtftonal Suort oo 1A�tdrkl: Exhibit "A" Agenda Background information Exhibit "B" Prior Project Actions Exhibit NC" Contract Summary Exhibit "D" Preliminary Project Budget Exhibit "E" Location Map Exhibit "F" Powerpoint Presentation Pete Anaya, P.E. Director of Engineering Services 3611826 -3781 petean @cctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: D.N. Stevens Facilities Feed Optimization Improvements (Chlorine/Chloramine Optimization Assessment) — AMENDMENT NO. 1 Project No. 85051 CIP No. WA 02 AMENDMENT NO. 1 DESCRIPTION: The consultant, LNV Engineering, will provide professional services for the coordination with City staff for preliminary design, design, bidding and construction phases and additional services described further below: The preliminary phase will include performing a field investigation and hydraulic evaluation to define specific areas of demolition and new work; develop a preliminary construction schedule and sequencing plan that includes all the items on the contract's task list; and perform an assessment of the facilities feed optimization improvements. After topographic survey, the design phase will entail implementing the preliminary phase recommendations and preparing 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 and bid opening and preparing award recommendations. The construction phase services will include participating in the pre - construction meeting and preparing change orders as authorized by the City. The additional services will include start -up services, warranty phase services, SCADA documentation services, project coordination, and integration of programmable logic controller equipment. The consultant, LNV Engineering of Corpus Christi, was selected far this project through Request for Qualifications (RFQ) No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services, which was issued on December 28, 2007. Subconsultants which will be assisting LNV Engineering on this project include Bath Engineering, Carollo Engineers, and Colwell & Associates, Inc. CONTRACT SUMMARY /FEE: A contract and fee summary is attached as Exhibit "C ". PROJECT BACKGROUND: The D.N. Stevens Water Treatment Plant is an aging facility that requires strategic capital improvement projects to enhance the operational readiness, code compliance, and implementation of new and improved technologies and processes. The Facilities Feed Optimization improvements will be constructed under the same construction contract as the Raw Water Influent Improvements to increase the plant capacity from 159 MGD to 200 MGD. The Facilities Feed Optimization Improvements will also provide more efficient use of chemicals through flow pacing and proper mixing, which will yield savings on pre - existing chemicals. The O.N. Stevens Facilities Feed Optimization Improvements project will consist of the following major elements: H: WQM0.RadiellelGFMWatellONSWTP186O5- Facilities Feed Oplimiz tionWnd.No2laadtr8adcperand.doc EXHIBIT "A" Page 1 of 2 • Chemical Storage and Chemical Feed Systems Improvements (Designed for200 MGD plant capacity) - These will include new storage tanks and containment improvements for bulk alum storage, liquid ammonium sulfate, and sodium hypochlorite, rapid mixing facilities, flow -paced metering pumps, algae control chemical feeding system, and electrical, instrumentation, and control associated with chemical feed automation at the front end of the treatment plant. • Sedimentation Basin Hydraulic Improvements (Designed for 200 MGD plant capacity) — These include the installation of a full-width and depth baffle wall at the head of each sedimentation basin to improve flow distribution and installation of new walls in the former flocculation zone of each secondary sedimentation basin to form serpentine channels in which a period of free chlorination can be implemented, and ammonia can be fed at two different points to control length of time of free chlorination before forming chloramines. • Programmable Logic Controller (PLC) Upgrades and Integration (East and Caustic) — These include Caustic PLC, VFD's, and panel replacement and relocation to the field from the Filter Building including integration, new flow paced metering pumps and associated suction and discharge piping, and PLC replacement at the east side of the plant (HSI, HS2, WWR, and WWS) including integration. • Demolition of Abandoned Structures t EXHIBIT "A" Pale 2of2 HA HOMBRathelelGEHIWaIenOHSWTP1860 5-Fecilibras Feed Optirnization0Ala 24Vepda Backgrc'z d dcc PRIOR PROJECT ACTIONS SUBJECT: Q.N. Stevens Facilities Feed Optimization Improvements (Chlorine /Chloramine Optimization Assessment) — AMENDMENT NO. 1 Project No. 8605 ! CIP No. WA 02 PRIOR COUNCIL ACTION: 1. 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. December 28, 2007 - Distribution of Request For Qualifications (RFQ) No. 2007 -05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 Iocal and 11.3 non- Iocal). 2. January 14, 2008 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2007- 05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 local and 113 non - local). 3. January 17, 2008 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2007- 05 CIP Projects FY 2008 -2009 Scoping, Estimating, Design Services to 191 engineering firms (78 Iocal and 113 non - local). 4. June 3, 2008 — Administrative approval of a Small AIE Agreement for Architect/Engineer Consultant Services with LNV Engineering in the amount of $42,900 for the D.N. Stevens Facilities Feed Optimization Improvements (Chlorine /Chloramine Optimization Assessment). —241— F HOMBRachellelGEMWaierIONSYVTP18606- Facilities Feed Optimizalia Wnd. No 1 Wrior Proje[3 Actians.doc EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY 1. SUBJECT: O.N. Stevens Facilities Feed Optimization Improvements (Chlorine /Chloramine Optimization Assessment) — AMENDMENT NO. 1 Project No. 85051 CIP No. WA 02 The total scope of the project will be delivered via a single contract, with three (3) sets of construction bid and contract documents as follows (the improvements shall be accomplished as a traditional design - bid -build project): • Chemical Storage and Chemical Feed Systems • Sedimentation Basin Hydraulic Improvements • Programmable Logic Controller (PLC) Upgrades and Integration 2. SCOPE OF SERVICES The A/E 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. 3. SCHEDULE TABLE A: CHEMICAL STORAGE AND CHEMICAL FEED SYSTEMS PROJECT COMPLETION SCHEDULE Calendar Days after Notice to Proceed 10 30 60 81 TBD TBD Task Pra'ect Kick -off Meetin. 60% Submittal 90% Submittal Final Submittal Pre -Bid Meetin. Pre - Construction Meetin. TABLE B: SEDIMENTATION BASIN HYDRAULIC IMPROVEMENTS PROJECT COMPLETION SCHEDULE Calendar Days after Notice to Proceed Task 10 Project Kick -off Meeting 30 1 -Day Project Workshop: Design Team 90 Submittal of Draft Design Memo and Preliminary Drawings for review 115 Final submittal of Design Memo and Preliminary Drawings 200 60% Submittal 240 90% Submittal 285 Final Submittal TBD Pre -Bid Meeting TBD Pre - Construction Meeting N: WDMEIRachelie1GEW NelerIONSWTP18605- FaafiSiesFeedopernixationVAmd. y{ Svam�y.doc EXHIBIT "C" Page 1 of 2 TABLE C: PROGRAMMABLE Calendar Days after Notice to Proceed 10 LOGIC CONTROLLER UPGRADES AND INTEGRATION PROJECT COMPLETION SCHEDULE Task Pro'ect Kick -off Meetin! Total 1 -Da Project Worksho•: Desi +n Team Basic Services Fees Final Submittal and Prelimina Drawin•s and S. - cifications 199,712.00 60% Submittal 242,612.00 107 90% Submittal 447,760.00 128 Final Submittal 3. Bid Phase TBD Pre - Construction Meetin. 29,958.00 4. FEES * Phase I fees are associated with those occurring during Fiscal Year 2010 -2011. * *Phase II fees are associated with those occurring during Fiscal Year 2011 -2012. The estimated cost of construction for O.N. Stevens Facilities Feed Optimization Improvements is $1 0,367,488. The basic services fee proposal for Amendment No. 1 is $816,140; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 1 is 7.9 %. H: HOME Rechelle1GEMWa [er10k3WTPS605- Fecililies Feed Oplimizalion1Amd. 1[D. A43qiLed Sumiery.doc EXHIBIT "C" Page 2 of 2 Original Contract Amendment No. 1 Total PHASE I* 1 PHASE II ** Basic Services Fees 1. Preliminary Phase 42,900.00 199,712.00 - 0.00 242,612.00 2. Design Phase 0.00 447,760.00 _ 0.00 447,760.00 3. Bid Phase 0.00 0.00 29,958.00 29,958.00 4. Construction Phase 0.00 0.00 138,710.00 138,710.00 Subtotal Basic Services Fees $42,900.00 $647,472.00 $168,668.00 $859,040.00 Subtotal Basic Services for Amendment 1 $816,140.00 Additional Services Fees (Allowance) 1. Permit Preparation 0.00 26,040.00 0.00 26,040.00 2. Topographic Survey and Parcel Descriptions 0.00 8,089.00 0 .00 8,089.00 3. Start-up Services 0.00 0.00 26,701.00 26,701.00 4. Warranty Phase 0.00 0.00 19,502.00 19,502.00 5. SCADA Documentation Services 0.00 0.00 193,025.00 193,025.00 6. Project Coordination 0.00 106,214.00 0.00 106,214.00 7. PLC Upgrades and Integration 0.00 316,044.00 296,262.00 612,306.00 24,530.00 8. Hydraulic Optimization Evaluation 0.00 24,530.00 0.00 Subtotal Additional Services Fees $0.00 $480,917.00 $535,490.00 $1,016,407.00 Subtotal Additional Services for Amendment 1 $1,01607.00 Total Project Fee $42,900.00 $1,832,547.00 $1,875,447.00 * Phase I fees are associated with those occurring during Fiscal Year 2010 -2011. * *Phase II fees are associated with those occurring during Fiscal Year 2011 -2012. The estimated cost of construction for O.N. Stevens Facilities Feed Optimization Improvements is $1 0,367,488. The basic services fee proposal for Amendment No. 1 is $816,140; therefore, the percentage of basic engineering services cost to construction cost for Amendment No. 1 is 7.9 %. H: HOME Rechelle1GEMWa [er10k3WTPS605- Fecililies Feed Oplimizalion1Amd. 1[D. A43qiLed Sumiery.doc EXHIBIT "C" Page 2 of 2 PROJECT BUDGET O.N. STEVENS FACILITIES FEED OPTIMIZATION IMPROVEMENTS (CHLORINE /CHLORAMINE OPTIMIZATION ASSESSMENT) Project No. 8605 July 6, 2010 FUNDS AVAILABLE: Water CIP (Three -Year Total) $4,004,000 Water CIP (Future) $9,924,400 *Previous Years' CIP $48,700 $13,972,700 FUNDS REQUIRED: Construction (Contractors to be determined for three construction contracts): 1. Chemical Storage and Chemical Feed Systems $7,547,759 2. Sedimentation Basin Hydraulic Improvements $2,207,423 3. Programmable Logic Controller Upgrades and Integration (included as additional service in LNV Engineering's design contract): ** $10,367,488 Contingencies $1,036,749 Consultant Fees: Consultant - LNV Engineering Amendment No. 1: Basic Services Additional Services (not including PLC Upgrades) * *Programmable Log is Controller Upgrades and Integration (see above) *Consultant - (LNV Engineering - Original Small A/E) Testing - (Geotechnical & Material Testing) $816,140 $404,101 $612,306 $1,832,547 $42,900 $155,512 Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) $233,268 Engineering Services (Project Mgt/Construction Mgt) $362,862 Construction Observation Services $362,862 Finance Issuance $129,594 Miscellaneous (Printing, Advertising, etc.) $51,837 TOTAL $13,963,314 FUNDS REMAINING $9,386 *The original Small A/E contract with LNV Engineering was included in previous years' CIP. —244— EXHIBIT "D" Page 1 of 1 File \ Mpraject \cauncilexhibits\exh8605.dwg NIECES F•M- 624 PROJECT LOCATION Up HWY 44 ce w N ROAD XUECES BAY U PROJECT #86 05 0 6 a Y 0 AGNES CCtA JOE MIREIJR ,J LOCATION MAP NOT TO SCALE BEAR °\D 0 QTR AWE grikt Off z P W. POINT EXHIBIT "E' O.N. Stevens Facilities Feed Optimization improvements (Chlorine/Chloramine Optimization Assessment) 2-16 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1of1 DATE; 6/23/2010 MIN ma CU CU Lim o CU O.N. Stevens Faci ++ c au E H H au H H Q c 0 0 4-1 .4., c fa a) .N E E CD m+ 0 O L w 0_ •c E E I! O O ._ s 4= V ca N W E .c •— O 0s O 0 u C O c a) cn 0 O c. N LO 0 o 0 a Z 0 O_ 0 co 0 c 0 0 0 0 ca o ® a c I i 0 0 o 0 612 cu v cv O. 4-+ c aw E R3 E O cu V GJ 7'! cri V v c C fa O .171 C CO i aJ 1 c 142 CD a 0 -a = a 1, .— 0 +� c ca I a) ▪ -' Lg) a) E ca ago .c r0 ) a 0 0 = -0 0 1 1 a U 0 2 2 a_ mc E o c 1 o ca E o _c E -o • ci_ 0 1 0 E 0 au •— v) .ca r = ca 0- ca = a u V u 1 1 1 1 I 0 c 0 u v) c 0 E cu D CIO . >— bJ U CD •o_ r0 r0 ca ca CC CC I I Status Scheduled for Council award in July 2010 90% Design Submitted; Bid Fall 2010 Eng. Report Received; Bid late Summer 2011 Award A/E Today Bid' late Summer 2011 Under Design Bid early Fall 2010 To be included in FY 2011 Water Capital Program Project Budget O 0 N- CO M CO $ 5,265,500 0 0 0 o O 0 N 0 0 0 0 0 0 $ 2,696,400 0 0 0 O- 0 0 Project Description ONSVVTP Process Monitoring Instrumentation and Automation ONSVVTP Electrical Distribution ONSVVTP Raw Water Influent ONSVVTP Feed Optimization (Chlorine /Chloramine) ONSVVTP Facility Alterations ONSVVTP On Site Generation CIP Project # 0 0 N O U) .1 0 O 5 Future Project E c ea c 0 c 0 00 • C CO 1 mprovements c o au s Z • Z 1 a) CIO -0 . > O Q >. _0 1) a a) ▪ • O _0 •0 i 0 co (1) 0 CD 2 a) © co O J N —_ O ca cn O � tU0 O = :0 -0 = ca a) a) _0 _c co = ▪ U O ca • Q co 0 = •0 a) ca 0 a) -0 v) • i a) Q a L_ O a 1 1 coincide with ONSWTP mprovements project. . — = O O N U E L_ - Q = 0 O '0 O Q) -0 a) LL ca a) ▪ .0 a) 0 Li_ I Y „` lr r Plant ., -,..--i-,:::.. , 1 i = 1 j 1 Headworks .1. ■ _.,,„-- ..-.....-..„, ..,,,...........,,,.. 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Chemical Feed Portion Sedimentation Basin Hydraulic Improvement Portion Construction Contracts Subtotal O U +_+ co ca a--+ :1-e L C A O N U -0 z C co o N+, a) s_ co az aA I 0- D N L a) c O L ca — ca O }+ U N U •- be .O E J co aJ L Cle 0 O c6 E al L c6 = ClA0 O O L 0_ Q_ Fees for Services Services Fees Construction * Costs 0 rn N 0 o m g 0 b b 0 0 0 Lo 00 tn- $1,220,241.00 Basic Services Additional Services Engineering Services 2 H 0 0 Lo 0 m N LO 73 c ca N N N w 7 -0 ca c to ro D +9 N N - O (5 •1- L :,-,, O O U L ._ U O = J 0 O O ca E O to by O 4J 0 0 0 N-- (0 co o- 609- 4- O rn O 0 c O U L c O U N to E 4) c O 4) co m 0 0 2 0 0 N 0 V CO 0. CO V CU CO 0 4-+ CO E. cu th (x) L w V c co E c 0 0. E c CU E Co C LA 0 a) 0 LA C0 CO V E 0 0. E a a 1 `;.' E VI V • _ E w s u 0 0 V 0 C Smi Al t`:; >. V c i0 c -, 0 C 0 CU ovetfM 14 CITY COUNCIL AGENDA MEMORANDUM( City Council Action Date: July 6. 2010 AGENDA ITEM: A. Presentation on the Results of Restructuring, Outsourcing and Privatization Services — Phase 1. B. ORDINANCE APPROPRIATING $175,000.00 FROM THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR RESTRUCTURING, OUTSOURCING & PRIVATIZATION SERVICES — PHASE 2; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $175,000.00; AND DECLARING AN EMERGENCY. C. Motion authorizing the City Manager or his designee to execute a service agreement with Crowe Horwath LLP of Irving, TX, for an amount not to exceed $175,000, to provide for the quantifying of projected dollar amounts of cost - saving/revenue enhancing initiatives, and for other related services ( "Phase 2 ") concerning the restructuring, outsourcing and privatizing of certain portions of the City's municipal government functions. The term of the agreement will extend through the date Crowe Horwath presents its results to City Council. Funding is to be appropriated in the General Fund in FY 09 -10. ISSUE: The City of Corpus Christi's (City) revenues have decreased in correlation to the general downturn in our nation's economy. As a result, the City experienced a $6 million budget shortfall in its General Fund in FY 09 -10 and currently anticipates a $16 million, $18 million and $21.3 million General Fund budget shortfall in FY 10 -11, FY 11 -12 and FY 12 -13, respectively. Thus, the City is seeking to improve efficiencies, reduce costs and maximize revenues realized through its operations by restructuring, outsourcing and privatizing certain functions currently performed by the City. The cumulative savings to be realized by implementing such initiatives is expected to range between 10 -20%. HISTORY: In April of this year, the City issued a Request for Information (RFI). A committee comprised of the Assistant City Manager for Public Works, Interim Assistant City Manager for Administrative Services, Assistant Director of Management & Budget, Assistant Director of Financial Services and the City's Procurement Manager conducted interviews of the five firms that expressed interest and carefully evaluated each firm's response. The committee determined that Crowe Horwath LLP (Crowe) represented the best overall value to the City. PREVIOUS COUNCIL ACTION: On April 20, 2010, City Council authorized the City Manager to execute a service agreement with Crowe Horwath LLP of Irving, TX, for $78,371Wravide for an initial assessment, and for other related services ( "Phase 1 ") concerning the restructuring, outsourcing and privatizing of certain portions of the City's municipal government functions_ The term of the agreement extended through the date Crowe was to present the initial assessment to City Council (July 6, 2010). BACKGROUND OF PHASE 1: Crowe Horwath LLP (Crowe) has completed Phase 1 of the restructuring, outsourcing and privatization initiative. Crowe reviewed the City's Comprehensive Annual Financial Report, organizational structure, Capital Improvement Program and Debt Structure to obtain an understanding of the City's financial condition. Crowe also interviewed department directors and many assistant directors and division managers and other key stakeholders to gain an understanding of the issues that are critical to the community and the City. This initial assessment (Phase 1) has resulted in the identification of forty -one potential initiatives whereby cost savings/revenue enhancement may be realized. Twenty of these potential initiatives focus on privatization and outsourcing, ten on reorganization and eleven on operational and management practices (see attached Executive Summary). CURRENT ISSUE: The attached presentation, including the Heat Map, Bubble Chart and Road Map, provide a summary of Crowe' s findings resulting from Phase 1. The Heat Map correlates each of the forty -one initiatives with the business drivers that may affect the success of each initiative. The Heat Map also ranks each initiative based on financial, service and implementation benefits. Of the twenty one prospective initiatives listed under the Reorganization and Operational & Management Practices section of the Heat Map, City staff has already addressed: Procurement Shared Services, Expense Benchmarking for Spend Reduction, Increase User Fees Study and Improve Collections — Reduce Bad Debt Expense, resulting in a total projected cost savings/revenue enhancement of $2,478,778 that is factored into the FY 10 -11 budget. The Bubble Chart reflects the Heat Map score and the expected time frame for implementation of the twenty privatization & outsourcing initiatives. Strategic importance is listed on the x -axis and time is listed on the y -axis. The Bubble Chart helps in the visualization of the prioritization of the twenty privatization & outsourcing initiatives. Those privatization & outsourcing initiatives that fall in Quadrant I of the Bubble Chart have a high heat score which means each has been identified as a project that has the potential for having significant budgetary impact in a short amount of time. Initiatives lying in Quadrant II also have high heat scores, but will take a longer period of time to realize than those in Quadrant I. Items in Quadrants III and IV have lower heat scores. Quadrant III contains projects that can be realized in a relatively short period of time, while those in Quadrant IV are long -term initiatives. The Roadmap Timeline shows the potential timeline for implementation of each of the twenty privatization & outsourcing initiatives necessary to realize cost savings/revenue enhancement, based on the complexity and size of the initiative. —250— Phase 2 will consist of a narrow and deep analysis focused on specific initiatives and priorities identified during the broad and wide inter - departmental analysis conducted in Phase 1. This will be accomplished by Crowe engaging in detailed conversations with key stakeholders and identifying a resource plan and constraints specific to each selected initiative. Additionally, for each initiative selected. Crowe will: develop a specific approach that will meet the City's goals and objectives. identify costs of implementing each initiative, create implementation time frames specific to each and project a detailed savings and return on investment analysis that will provide specific projected savings that may be expected to be realized from each. Phase 2 will take approximately four months to complete. In order to move into Phase 2, Crowe and City staff recommend that City Council select certain initiatives identified in Phase 1, keeping in mind that the "not to exceed" cost of $175,000 estimated for Phase 2 is based on the cost of moving forward with eight to ten initiatives. Because some selected initiatives may take considerably less time than others, thereby creating the possibility of additional potential capacity for Crowe to pursue more than the aforementioned eight to ten initiatives, it is recommended that a total of sixteen initiatives be identified - ten of those being primary, the remainder being alternates that may be pursued at no additional cost above the $175,000 "not to exceed" amount, should Crowe encounter the above - mentioned additional capacity. Based on City Council's direction to place significant emphasis on the exploration of Regorganization and Operational & Management Practices initiatives that can immediately impact the proposed FY 10-11 budget, staff has prioritized the recommended Primary initiatives as follows (Note: nine of the ten Primary initiatives that follow are Reorganization or Operational & Management Practices): Initiative Number Initiative Initiative Type 7 Fleet/Motor Pool Privatization & Outsourcing 21 Finance Shared Services Reorganization 23 Customer Service Center — Reorganization Help Desk/Utility Payment 25 Inspection Shared Services Reorganization 28 Payroll Administration Reorganization 29 Safety Coordinators Reorganization 27 Permit Shared Services Reorganization 32 Fuel Hedging _Operational & Management Practices 37 Underutilized Asset Sale Operational & Management Practices 35 Naming Rights /Sponsorships Operational & Management Practices Staff and Crowe will aggressively seek savings from these Primary initiatives that can be immediately implemented. Staff will provide recommendations regarding these potential initiatives within the next two to four weeks. Additionally, in the event Crowe experiences additional capacity as described above, staff recommend that the City pursue the following Alternate initiatives: Initiative Number Initiative Initiative Type 9 EMS /Ambulance Services Privatization & Outsourcing 4 Street Maintenance Privatization & Outsourcing 10 Parking Operations - Privatization & Outsourcing MeterslTowing — 2 51- 19 Grounds Maintenance (Mowing, Landscaping) 18 Building Maintenance (Including Custodial) 5 Call Centers (311, 911) FUTURE COUNCIL ACTION: Privatization & Outsourcing Privatization & Outsourcing Privatization & Outsourcing Staff will report the findings of Phase 2 to City Council on or about November 9, 2010. At that time, City Council may choose to carry out Phase 3, which will consist of Crowe guiding implementation of the recommended initiatives. Some of the recommended Reorganization and Operational & Management Practices initiatives may be implemented internally, at no cost, by staff, thereby significantly reducing the potential cost of Phase 3. The complexity and size of implementing the recommended initiatives will be determined during Phase 2 and will drive the cost associated with Phase 3. CONCLUSION AND RECOMMENDATION: Staff requests that City Council: 1. approve the Primary and Alternate initiatives recommended herein and 2. approve the ordinance and motion as presented. rn Cindy O'Brien Interim Assistant City Manager Administrative Services e -mail: CindyO @cctexas.com phone: (361) 826 -3217 ael Barrera ssistant Director of Financial Services e -mail: inikeb @cctexas.com phone: (361) 826 -3169 072 M Oscar Martinez Assistant City Manager Public Works e -mail: OscarM@cctexas.com phone: (361) 826 -3897 1 Ta 2 L m _ m Tii- 3 31 = 3 _ la M 0) 1 X _ m W U. s • V = G) _ E.0 In 3 E 00 .- � in �~ CL aMM ea a o City of Corpus Christi, Texas E E c 0 U a D co -0 2 O c▪ o c 0 ▪ z Executive Bubble Chart cu c cu E a co E -o co 0 oC c O co c N E N a E Current Successes al 0 0 15 0 s % x as s o) 0- ✓ o 4J fG c o v rs co _c 0 o. a° z 1 ,i N (D N N ✓ L (J) cn 0 r0 r0 O a a 0 L 0. w L w Business L 4J ti Q) ro 4J U) C a) E — c • (o a) Q 2 U O Qa) a) N L > > U C a) .( 'L >\ p _c L O_ U cn — L) 167) CO U cn O CO (3 (a C 167) c a) (s 0, i .O • U >1 .0 mac V 4.+ W V V cu mc: o .N • = w • 0 O ._ ao Q �- . 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'yy Q C .V fl. to 4- 2NDG QWw U' L' CO a) U) Q) L' (3 00 N t SERVICE AGREEMENT No. SA10 -048 THIS RESTRUCTURING, OUTSOURCING & PRIVATIZATION CONSULTING SERVICES CONTRACT (this "Agreement ") is entered into by and between Crowe Horwath LLP (the "Consultant ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Consultant has proposed to provide RESTRUCTURING, OUTSOURCING & PRIVATIZATION CONSULTING SERVICES; WHEREAS the City has determined Consultant to be the most advantageous Respondent; NOW, THEREFORE, Consultant and City enter into this Agreement and agree as follows: 1. Services. Consultant will provide the RESTRUCTURING, OUTSOURCING & PRIVATIZATION CONSULTING SERVICES in accordance with Phase 2 in Exhibit B. 2. Fee for Services. The City agrees to pay the Contractor those fees mutually agreed to between both parties as follows: an amount not to exceed $175,000 for Phase 2 as described in Exhibit B, to include a formal written report presented, in person by Contractor, to the Corpus Christi City Council. Contractor shall bill the City, by the fifteenth calendar day of each month, for services ptrovided during the preceding calendar month. Terms are net 30 days of City's receipt of a valid invoice. 3. Term. The term of this Agreement, as Phase 2 is described in Exhibit B, shall commence on the date this Agreement is signed by the last signatory hereto and shall continue through the date the Phase 2 written report is presented to City Council by the Contractor on or about November 9, 2010. 4. Contract Administrator. The City will provide active and supportive functional area leadership to answer questions, participate in meetings, and support analysis work through personal and team supported assistance. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including authorizations for payment. The Contract Administrator will review and approve del veraable documents within nn business day. If deliverable documents are not acceptable; the City will provide information on what is needed to satisfy expectations within 5 business days of receipt of deliverables. Under the guidance of the Contract Administrator, Consultant will obtain information and insight from the Steering Committee team. The City will provide an internal —301— scheduler / project support person who will coordinate stakeholders' calendars, setup meetings, and manage communication with the appropriate Consultant contact. The City will make the Contract Administrator, Steering Committee, and other desired resources available for a weekly call to evaluate progress, discuss current issues, and discuss upcoming activities. All of Consultant's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Assistant City Manager - Administration. 5. Independent Contractor. Consultant will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Consultant be considered as an employee of the City. 6. Insurance. Before activities can begin under this Agreement, Consultant's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Contract Administrator will be given 30 days' notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are incorporated herein in Exhibit A, which is incorporated herein by reference, and may be revised annually by the City Manager upon 30 days written notice to Consultant. 7. Assignment. No assignment of this Agreement or any right or interest therein by Consultant is effective unless the City first gives its written consent to such assignment. The performance of this Agreement by Consultant is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 8. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. 9. Waiver. No waiver of any breach of any term or condition of this Agreement or Consultant's response waives any subsequent breach of the same. 10. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and venue for all disputes under this Agreement lies exclusively in Nueces County, Texas. 11. Subcontractors. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain prior written approval from the Contract Administrator. In using subcontractors, Consultant is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Consultant. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. 12. Employee Litigation. In any and all claims against any party indemnified hereunder by any employee of Consultant, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation herein provided shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for Consultant or any subcontractor under workers' compensation or other employee benefit acts. 13. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 14. Termination. The City Manager may terminate this Agreement for Consultant's failure to perform the services specified herein. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Consultant 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Consultant has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days' written notice to Consultant. However, City may terminate this Agreement an 24 -hours written notice to Consultant for failure to pay or provide proof of payment of taxes as set out herein. 15. Taxes. Consultant covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Consultant must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. * 16. Drug Policy. Consultant must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. * 17. Violence Policy. Consultant must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. The City has a zero - tolerance violence policy. 18. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Assistant City Manager - Administration P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361 - 882 -7320 IF TO CONSULTANT: Consultant's Contact Person: Address: City, State, Zip: Fax No.: Crowe Iiorwath LLP Kevin W. Smith 5215 North O'Connor Boulevard, Suite 200 Irving 800 -599 -9114 TX 75039 -3732 19. Month- to-Month Extension. If the City has not completed; the procurement process and awarded a new RESTRUCTURING, OUTSOURCING & PRIVATIZATION CONSULTING SERVICES contract upon the expiration of this Agreement, then Consultant must continue to provide services under this Agreement, at its current fee, on a month -to -month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Consultant. 20. Indemnification. CONSULTANT AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, TANGIBLE PROPERTY LOSS 01? DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH 01? TANGIBLE PROPERTY DAMAGES ARE CAUSED 01? ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES LINM1XED WITH THE FA ULT OF ANY OTHER PERSON OR GROUP. CONSULTANT MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COL .VSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS 21. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 22. Acceptance of Document Deliverables. For Deliverables that are requirements, specifications, test plans, designs, or other documents, whether electronic or paper (collectively, "Document Deliverables "), City shall review and approve such Document Deliverables in a timeframe mutually agreeable to City and Consultant, but City's review shall occur consistent with the project schedule. This applies only to Document Deliverables. If City does not provide written notice of rejection of the Document Deliverable by the mutually agreed upon timeframe, the Document Deliverable shall be deemed accepted. The Phase 1 deliverable will be a presentation in a Microsoft PowerPoint format with supporting documents determined between Consultant and the City. SIGNED this ),(3 L day of ) , 20 Consultant: Crowe Horwath LLP M d�•�C�[ Signate Name John M. Hurlburt Title: Principal CITY OF CORPUS CHRISTI Angel R. Escobar Date City Manager APPROVED THIS DAY OF CARLOS VALDEZ, CITY ATTORNEY By: Veronica Ocanas, Assistant City Attorney , 20 Incorporated Attachments: Exhibit A: Insurance Requirements Exhibit B: Proposer's Proposal dated March 19, 2010 and titled "Proposal to Provide a Cost Savings/Revenue Enhancing Roadmap Assessment (Phase 1) for the City of Corpus Christi, Texas Exhibit C: Crowe Horwath LLP Standard Engagement Terms Exhibit A Insurance Requirements A. Consultant must not commence work under this agreement until all insurance required herein have been obtained and the City has approved such insurance. Consultant must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Consultant must furnish to the City's Contract Administrator, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation in favor of the City of Corpus Christi is required on the Commercial General Liability and Workers' Compensation policies. TYPE OF INSURANCE 30 -day written notice of cancellation, non - renewal, material change or termination required on all certificates COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. f Independent Contractor 6. Broad Form Property Damage 7. Personal Injury 1 Advertising Injury WORKERS' COMPENSATION EMPLOYERS LIABILITY INSURANCE PROFESSIONAL LIABILITY I ERRORS AND OMISSIONS LIABILITY 1. If written on a Claims -Made Form, Retroactive Date MUST be prior to inception of the contract. 2. If written on a Claims -Made Form, an Extended Reporting Period of Twenty_ r� Four (24) Months MUST be maintained after the date that the Agreement is terminated or expires. MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per Occurrence - Aggregate $1,000,000 COMBINED SINGLE LIMIT Applicable only when on City property WHICH COMPLIES WITH THE TEXAS WORKER'S COMPENSATION ACT $100,0001$100,000 / $100,000 $1,000,000 COMBINED SINGLE LIMIT (Defense costs not included in face value of the policy) C. In the event of accidents of any kind, the Consultant must furnish the Risk Manager with copies of all reports of any accident within ten (0) days of the accident. D. Consultant must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. E. Consultant's financial integrity is of interest to the City; therefore, subject to Consultants right to maintain reasonable deductibles in such amounts as are approved by the City, Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no Tess than A- (VII). F. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Consultant shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555 - Fax # G. Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the city and ite officers, nfricia!s, employees, vnlunteers, and elpr.ted representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (t 0) calendar days advance written notice for nonpayment of premium. H. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. J. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. K. It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. L. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2010 Restructuring & Privatization Consultant ins. req. 2 -25 -10 p Risk Management Exhibit C Crowe Horwath LLP Standard Engagement Terms The Consultant wants the City to understand the basis under which the Consultant offers its services to the City and determines Consultant's fees, as well as to clarify the relationship and responsibilities between the City and the Consultant. These terms are part of the Consultant's engagement letter and apply to all future services, unless a specific engagement letter is entered into for those services. The Consultant specifically notes that no advice the Consultant may provide should be construed to be investment advice. CITY'S ASSISTANCE - For the Consultant to provide its services effectively and efficiently, the City agrees to provide the Consultant timely with the information the Consultant requests and to make City employees available for Consultant's questions. The City will also provide the Consultant's personnel with access to the Internet (if available). The availability of City's personnel and the timetable for their assistance are key elements in the successful completion of the Consultant's services and in the determination of Consultant's fees. Completion of the Consultant's work depends on appropriate and timely cooperation from the City's personnel; complete, accurate, and timely responses to the Consultant's inquiries; and timely communication by the City of all significant accounting and financial reporting matters of which the Consultant is aware. If for any reason this does not occur, a revised fee to reflect the additional time or resources required by the Consultant will be mutually agreed upon, and the City agrees to hold the Consultant harmless against all matters that arise in whole or in part from any resulting delay. If circumstances arise that, in the Consultant's professional judgment, prevent the Consultant from completing this engagement, the Consultant retains the right to take any course of action permitted by professional standards, including declining to express an opinion or issue other work product or withdrawing from the engagement, after the Consultant gives the City five work days written notice of the breach and sets out a reasonable opportunity to cure. THIRD -PARTY PROVIDER — The Consultant may use a third -party service provider in providing professional services to the City which may require the Consultant sharing the City's confidential information with the provider. If the Consultant uses a third -party service provider, the Consultant will enter into a confidentiality agreement with the provider to require them to maintain the confidentiality of the City's confidential information. The terms of the Consultant's engagement letter and these engagement terms shall apply to any third -party provider. —310— CONFIDENTIALITY — Consultant will maintain the confidentiality of City's confidential information in accordance with professional standards. The parties understand that the City of Corpus Christi is a Texas home -rule municipal corporation, a local governmental entity organized under the laws of the State of Texas, and subject to, inter alia, the Texas Public Information Act (Chapter 552 of the Texas Government Code) and the Texas Open Meetings Act (Chapter 551 of the Texas Government Code). City agrees not to disclose any proprietary or confidential material City obtains from Consultant without Consultant's prior written consent unless (1) the Office of the Texas Attorney General (OTAG) has issued a ruling to release the information; (2) the City is otherwise required to disclose or release the information by law; or (3) the disclosure is contemplated by the parties under this engagement. Consultant retains the right to use the ideas, concepts, techniques, industry data, and know -how Consultant uses or develops in the course of the engagement. City agrees to the use of fax, email, and voicemail to communicate both sensitive and non- sensitive matters; provided, however, that nonpublic personal information regarding City's customers or consumers shall not be communicated by unencrypted email. CHANGES - The Consultant may periodically communicate changes in laws, rules, or regulations to the City. However, except as it relates to and impacts the scope of services under this Agreement, the City has not engaged the Consultant and the Consultant does not undertake an obligation to advise the City of changes in laws, rules, regulations, industry or market conditions, the City's own business practices, or other circumstances, except to the extent required by professional standards and as such changes may impact or directly relate to the services described herein. NO PUNITIVE DAMAGES - Any liability of either party shall not include any special, punitive, or exemplary damages or loss nor any lost profits, savings, or business opportunities. MEDIATION - If a dispute arises, in whole or in part, out of or, related to this engagement, or after the date of this Agreement, between the City or any of the City's affiliates or principals, and the Consultant, and if the dispute cannot be settled through negotiation, City and the Consultant agree first to attempt, in good faith, to discuss, consider and come to a mutual decision regarding whether it is in the best interest of both parties to first try in good faith to settle the dispute by mediation before resorting to litigation or any other dispute - resolution procedure. An agreement to mediate-must stipulate that the results of mediation shall be binding only upon agreement of each party to be bound, and may stipulate that each party will be responsible for their own costs of any mediation. LEGAL AND REGULATORY CHANGE - The scope of services and the fees for the services covered by the accompanying agreement are based on current laws and regulations. If changes in laws or regulations change the City's requirements or the scope of Consultant's work, the City and the Consultant agree that the Consultant's fees will be modified to a mutually agreed -upon amount to reflect actual additional fees and expenses incurred and solely attributable to said legal or recmlatory rhanrs, AFFILIATES — Crowe Horwath LLP is a member of Crowe Horwath International, a Swiss association. Each member firm of Crowe Horwath International is a separate and independent legal entity. Crowe Horwath LLP and its affiliates are not responsible or liable for any acts or omissions of Crowe Horwath International or any other member of Crowe Horwath International and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Horwath International or any other member of Crowe Horwath International. Crowe Horwath International does not render any professional services and does not have an ownership or partnership interest in Crowe Horwath LLP. Crowe Horwath International and its other member firms are not responsible or liable for any acts or omissions of Crowe Horwath LLP and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Horwath LLP. Page 1 of 2 ORDINANCE APPROPRIATING $175,000.00 FROM THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR RESTRUCTURING, OUTSOURCING & PRIVATIZATION SERVICES — PHASE 2; CHANGING THE FY 2009 -2010 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028252 BY INCREASING EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $175,000.00; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL CHRISTI, TEXAS: SECTION . An amount of $175,000.00 from the Unreserved Fund General Fund No. 1020 is appropriated for Restructuring, Outsourcing Services -- Phase 2. OF CORPUS Balance in the & Privatization SECTION 2. The FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 is changed by increasing Expenditures in the General Fund No. 1020 by $175,000.00. 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 6th of July, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to f By: N,I 01 -Jyy1fl lAWCt Veronica Oca1 as Assistant City Attorney for City Attorney H:1LEG- DIR \Veronica012. PURCHASINGI1 A G E a A3r7 E M 510706101070610 ORD Apprap 175,000 for Phase 2 RRahnirturine. Privatizinn_ Censultinn 5erviccs.doCx Page 2 of 2 Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:1i_EG- D1R \VeronicaO12. PURCHA5IHG11 A G E f 1A4 I T E M 510706101070610 ORb Approp 175,000 for Phase 2 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION July 6, 2010 AGENDA ITEM: Update on American Bank Center area publiclprivate partnership based development STAFF PRESENTER(S): Name TitlelPosition Department 1. Juan Perales, Jr. Asst. City Mgr Engr. & Dev. Svcs. OUTSIDE PRESENTER(S): Name Company 1. Joe Esch Wallace - Bajjali Development Partners, L.P. ISSUE: During a presentation by Wallace Bajjali to City Council during its' March 30, 2010 meeting, staff received direction to initiate actions necessary to cooperatively investigate the possibility of a public - private partnership based mixed use development in the vicinity of the American Bank Center. During the April 13, 2010 meeting, City Council passed a resolution declaring the City of Corpus Christi's interest in investigating the feasibility of a public- private partnership to develop and re- develop an area in the vicinity of the American Bank Center, and appointed members to a Stakeholder Taskforce to begin this investigation. This presentation is intended to provide the City Council with an update on the status of the proposed project. REQUIRED COUNCIL ACTION: None. PowerPoint presentation X Supplemental information ❑ ,4kd Juan Perales, ,}f., P.E. Assistant City Manager Engineering & Development Services johnnvp.cctexas.com (361) 826 -3828 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Proposed Zoning Ordinance Amendments for Nonconforming Lots of Record and for Compact and Clustered Development Overlay STAFF PRESENTER(S): Name Title /Position Department 1, Lisa Wargo Sr. City Planner Development Svcs. 2. Juan Perales, Jr. Asst. City Mgr Engr. & Dev. Svcs. ISSUE: Amendments to the "Nonconforming Lots of Record" section of the Zoning Ordinance are being proposed to facilitate the development of nonconforming Tots and those which were previously prohibited from development because of lot size or width. Additional Zoning Ordinance amendments proposed include the creation of a new code section entitled "Compact and Clustered Development Overlay Zone Regulations ". The new ordinance language provides standards for compact and clustered development not previously possible, except through the Planned Unit Development (PUD) process. New definitions are also being proposed to support new ordinance language and to update the existing code. REQUIRED COUNCIL ACTION: None. PowerPoint presentation X Supplemental information ❑ Juan Pera s, Jr., P.E. Assistant City Manager Engineering & Development Services -321- . ■ VI V a v ...,..... _ma- -0.- 0. , g a. ■ ■ a a_ ■ 1 . , , La 1 ■ 6 .0- 0 j ■ _ - s -a ® -0511 AI 4 I t +- ( .. 6.- .. - , .. .. . . . r r . r .. team - •r . . . 01 r. ® wf.- + . I+ ow 0 a --. ■ . . 4.- . - ■ _ J . .. ■ a /r ...r 6 - — ■ .. ■ ... - . . .r. ♦ . . wr.• . ... ... . r 0 0 y J .........: ..Y.>... .>.,,,.. -.> ...k. - w -- . . ,, m x .k.. . . •. made of fabric = O 4 CI) .m5 V .0 P 4.1-1 imc 7' cit 4t 'a' oo imc O .,.., 5 ) ''"' a� tvA 4 .5 c� .5 c? "5 .*.4 4t 4 4-1 ct 4 4-1 M s must meet the foll 1. Retractable awnings, when retracted against the building wall, must be able to be securely fixed or consist of a locking device that ensures that the awning in its retractable state meets the Texas State Department of Insurance Wind Load Factor for the Corpus Christi area in which it is located. Retractable awnings must be retracted and secured to the building wall, or removed, in the event of a declared weather emergency. Mixed -Use Building (568) Mixed -Use Development (574) Modulizr Hom e -R esiden tia 1 (587) Nonconforming Lot (599) Open Space , Common, Public (609) Parking, Shared (652) Parking, Tandem (663) Passive Recreation (666) Sign, Blade (754) TargetAtea (836) to01 0 oo 171 ,) N (L.) (,) co ,4"4 N71- te, 0 EIC4 2r./ LC)) r--c 0 � p v (L) O � O ct) Q.)14-4N crg re U c) 0 . vg, ct 4—) viti v � � � c (1) O o,j \.; a a) V i a4 0 ;75( rd .._ (i) 7.1 ‘.. ›., 1J 4-4 r. v-4 75) -,—) > 0 rZ1) 4—i c-4 V li O 4) 4) 4) O — 4 cn _ a, e4- -4 4 X x 6 V 4) t ° 0 .'-� 6I) M 4) M 4-4 0 ic% Z '5)1:. .. 7-c z 0 cn a, O cit O ,er 4 a� 4' � V C)-+ }' a) O m I—+ ct N 0 • IP ^ ^ �1 ^ it?) WV � L •� .1■1 4t .- 111) E c4 biD CL4 cZli 4 1-1 C g:4 4 N c.4-1 o � ^air; glm tk tu E " .-4-) N '� 4 ., (L) m cit C x N -I-) 1-Ct Cil ti 0 u cp 4 4.) 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I.= "1r E.I.l .1...1 ., 1r• •-1 •1•1 -r.1 ... •• - ai4I■7 1 _ : 4—i CA • rl 3••i 2 F) tu 0 iv-5 (1)) V imC cit 0 .1-1Z icij;—' i-c e€ cit 1-C 4) CI) M a) 6 • Il r' • a) V 1 Ii F p4�� 4) °' 4.i Tti 4 cit 0 .5 .1_, cL4c, .01- cri .1a' 7: E 0 L' tu ;- '� I.) 4.4 I.) cp ;„r V V O Cl) cit ;_i c).4 0 �, m O ,-i 4) •� X a a� � Ft O c.) • 1 11 r 1 4 . z .#, 4i E E O O 4-i V v E v Z O O Q Id • 4-4c) 11 , � O -71- � O V,9 .._, X V *2 10 a, O ,_, , T-ci T-Pu P-1 ..-1 ( O U • V ct E .0- a� V E •� O V 4 n O ci V OID V O au E 'A—) ci.) .7g, T-ci v, O b L) ci) O a. C.) PI 't • ■ • Definitions • New definitions added to address the lack a) 'E . 5, T - c , , c71 0 rig A 2 0 s--i ct 0 a-i 4-i _i_) (-4-4 CID A_) ct cf) ,c_ E ( - 4' a.) a-) 0 . 1--I �--I . 1--I C/) �--1 A--) a.) 0 V 'A-, a) (1) _ � O a) 4 7.} 0 .E '—c • Increased the maximum lot width from 45 feet 4 ,d O 4.) ct c V Ov O a.) 'E I O 4_, .c_ I.) a.) ) ct ,A- 9 , , ic) A _ ci.) e_l C/) V V c� O b� C't '41. CU ci) t+4 cit E _. E • ,--1 ..--, $2 •5 • C/) U Q.) •5 Q.) E O V O O v E O Fire Department requirements. 0 .1.y cP O 4J E 0 .S' O E 0 0 4J • O 0 V O Setbacks increa structures. 11 • Provisions were included to allow for • ci) O ci) N O O E sz-4 F) VI) imc • tu vi.5) ci V •� V V •- � 1 cit !EP 1=1 ii1) O O '1-1 V •� t.4.1 11 "miX cn E Q O 'c V O O cLi ° o 7)( 1-c z vmc ,4 or the construction • Provision added to allow for the use of ( "Ecostone" shown below) • Provision was added to restrict maximum i-c i 0 cit cu cu O O 2 CI) • 4u .., RI ''' 4) imc X ct .- Cl) • 1∎1 s 'a' O 4u ''—' O M IV c—i E O O 4) 4—i -I—) c"N 1 1 V V) .- E 'cil .. . 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V ijs O �+ c� • a v s� •0 • • Provision was added as an incentive to reduce f4,1 cit �•�I cit .-4-) O C 'g ;I" V � •..( V O O tip M (1) O 'a' u •) O c4i O • ii! 0 .1; 71' vwc V vac vwc vwc al 77( •.--_ oS'u) ,,� CLI 0 .1. cU E cd IflI Cut) 0 CLI 0 vwc °I; 0 CLI vwc vwc vwc °I; 0 0 li VOA. ail Q.4' of