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Agenda Packet City Council - 08/17/2010
II oft 00 s USt 1 , �„ "S� a �aax• ,"''r i� ..x ... _ �x 11:45 A.M. - Proclamation declaring August 7, 2010 as "Feria De Las Flores Day" Proclamation declaring the month of August 2010 as "Animal Adoption Awareness Month AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 AUGUST 17, 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 Listed desea dirigirse al Concilio y cree gue su ingles es limitado, habra un interprete ingles- espanol 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 Dr. Steve Hartwick, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Brent Chesney Council Members: Chris N. Adler Larry Elizondo, Sr. 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 August 17, 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 July 20, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Animal Control Advisory Committee * Building Code Board of Appeals * Cable Communications Commission * Food Service Advisory Committee * Senior Companion Program Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Resolution authorizing the submission of a grant application in the amount of $22,750 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2011 Hazardous Materials Emergency Preparedness (HMEP) Agenda Regular Council Meeting August 17, 2010 Page 3 4. 5. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a hazardous chemical inventory and to conduct an emergency response exercise, with a hard match of $4,550, and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. (Attachment # 3) a. Resolution authorizing the City Manager or his designee to accept a grant of $180,351 from the Texas Department of State Health Services for personnel costs, equipment and other expenses to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin August 1, 2010. (Attachment # 4) b. Ordinance appropriating a grant of $180,351 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism. (Attachment # 4) a. Resolution authorizing the City Manager or his designee to accept a grant of $241,637 from the Texas Department of State Health Services for personnel costs and other expenses to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger, and to execute all related documents. (Attachment # 5) b. Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger. (Attachment # 5) 6. Ordinance appropriating $633,000 from the estimated Program Income Revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2010 -2011 Program Income to fund laboratory and public health services for the period of September 1, 2010, through August 31, 2011. (Attachment # 6) Agenda Regular Council Meeting August 17, 2010 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District in the amount of $24,755 for LED lighting of Orion's Belt Sculpture on Corpus Christi Bayfront. (Attachment # 7) 8. a. Resolution ratifying the acceptance of an additional funding award in the amount of $1,581,735 for a total allocation of $3,163,472 from the Texas Department of Housing and Community Affairs to be effective July 14, 2010, and authorizing the City Manager or his designee to execute all related documents for the Weatherization Assistance Program. (Attachment # 8) b. Ordinance appropriating $1,581,735 in the No. 1059 Grant Fund for the Weatherization Assistance Program. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $71,625 for a total restated fee of $709,457 for Staples Street - Phase 2 from Holly to Williams for right -of -way (ROW) acquisition survey of 19 parcels. (BOND ISSUE 2008) (Attachment # 9) 10. Ordinance abandoning and vacating a 2,246- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18 -19, located just west of the South Staples Street public right -of -way; requiring the owners, A.C. Gilmore Jr., and wife, Clydell H. Gilmore, to comply with the specified conditions. (Attachment # 10) 11. Ordinance abandoning and vacating a 87.90 - square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, located south of the Oso Parkway public street right -of -way; requiring the owners, Kenneth Todd Olson and Maria Garza Olson, to comply with the specified conditions. (Attachment # 11) 12. Second Reading Ordinance - Renaming the park located at 1516 Seventh Street from Oceanview Park to Catalina Martinez Park. (First Reading — 07/20/10) (Attachment # 12) 1:4 Agenda Regular Council Meeting August 17, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (refer to legend at the end of the agenda summary) I. EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 13. Executive Session pursuant to Texas Government Code Section 551.074, Personnel Matters, to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action in Open Session. 14. 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. 15. Executive session under Texas Government Code Section 551.071 for private consultation with its attorney regarding City of Corpus Christi - Proposed TPDES Permit No. WQ0010401004, EPA ID No. TX0047058 (CN600131858; RN101610327), with possible discussion and action in open session. 16. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action in open session. 17. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. Agenda Regular Council Meeting August 17, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASES: 18. Case No. 0610 -03, Jack R. Baker: A change in zoning from "AB" Professional Office District to "B -1" Neighborhood Business District on property described as Northwest Estates, Block 11, Lot 4, located at 4030 River Hill Drive. (Attachment # 18) Planning Commission and Staffs Recommendation: Denial of the "B -1" Business Neighborhood District and in lieu thereof, approval of the "AB/SP" Professional Office District with a Special Permit, subject to a Site Plan and seven (7) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Jack R. Baker, by changing the Zoning Map in reference to Northwest Estates, Block 11, Lot 4, from "AB" Professional Office District to "AB/SP" Professional Office District with a Special Permit to allow the operation of a restaurant, subject to a Site Plan and seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 19. Case No. 0610 -04. Extreme Homes of Texas, LLC: A change in zoning from "R -1 B" One - Family Dwelling District to "R -1 C" One - Family Dwelling District resulting in a change of land use on the property described as 3.49 acres out of McKinzie Partition Tract 1 -C, located at Shallow Creek Drive. (Attachment # 19) Planning Commission and Staffs Recommendation: Approval of the "R -1 C" One- Family Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, LLC, by changing the Zoning Map in reference to 3.49 acres out of Mckinzie Partition Tract 1 -C, from "R -1 B" One - family Dwelling District to "R -1 C" One - family Dwelling Agenda Regular Council Meeting August 17, 2010 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 20. Case No. 0610 -05, City of Corpus Christi: Consideration of zoning recently annexed properties to "R -1B" One - Family Dwelling District on property described as approximately five (5) tracts, totaling approximately 6.635 acres, of submerged land owned by the Port of Corpus Christi Authority, along the southern shoreline of Nueces Bay. (WITHDRAWN BY STAFF) EASEMENT CLOSURE: 21. Public hearing to consider an Ordinance closing, abandoning and vacating a 89,159.98- square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner to comply with the specified conditions. (Attachment # 21) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. First Reading Ordinance — Ordering a Special Election to be held on November 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. (Attachment # 22) 23. Resolution amending Council Policy No. 14, "Boards, Commissions, and Committee Procedures" to limit service on boards, commissions, committees or corporations, effective upon passage. (Attachment # 23) Agenda Regular Council Meeting August 17, 2010 Page 8 24. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance appropriating $83,250.49 held in an interest - bearing account in the No. 4730 Infrastructure Fund for the Cimarron Estates Subdivision Developer's share of the future construction of Dunbarton Oak Drive and related storm -sewer improvements. (Attachment # 24) b. Motion authorizing the City Manager to execute a Deferment Agreement with Wal -Mart Real Estate Business Trust, (Developer), in the amount of $1,086,478.05 for public improvements including construction of water, sanitary sewer, storm sewer, and road improvements as a requirement for the platting of Cimarron Center Subdivision, located south of Saratoga Boulevard and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of a financial document compliant with City requirements. (Attachment # 24) 25. Motion authorizing the City Manager or his designee to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas, in the amount of $1,309,233.30 for the Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. (Attachment # 25) 26. Motion authorizing the City Manager or his designee to execute a construction contract with Reytec Construction Resources Inc. of Houston, Texas, in the amount of $6,890,519.50 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gallihar (BOND ISSUE 2008) and Mansheim Area Improvements (CIP FY 2010) for the total base bid for Part 1 and Part 2. (Attachment # 26) 27. Motion authorizing the City Manager or his designee to execute Amendment No. 4 to the Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $636,003, for a total re- stated fee of $1,775,186 for the Yorktown Boulevard — Staples to Cimarron Project for the evaluation, design and preparation of construction documents for the extension of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. (BOND ISSUE 2004/2008) (Attachment # 27) Agenda Regular Council Meeting August 17, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 28. Corpus Christi Regional Transportation Authority Annual Report (To be considered at approximately 3:00 p.m.) (Attachment #28) 29. New Economic Development Website Demonstration (Attachment # 29) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: (NONE) Agenda Regular Council Meeting August 17, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at A `'J� p.m., on August 12, 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 ILL 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 Regular Council Meeting July 20, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. Council Members: City Staff: Chris Adler City Manager Angel R. Escobar Brent Chesney City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez* Nelda Martinez Mark Scott *Arrived at 12:05 p.m. Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Stan Whites with Grace United Methodist Church and the Pledge of Allegiance to the United States flag was led by Council Member Leal. 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 July 13, 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: Civil Service Commission Catherine F. Lutz (Appointed) Hector Saenz, Jr. (Appointed) Ethics Commission Dr. Haysam D. Dawod (Appointed) Planning Commission A. Javier Huerta (Appointed) Govind B. Nadkarni (Appointed) John S. Taylor (Appointed) Civil Service Board Hector Saenz, Jr. (Appointed) Vicki Jean Alexander (Appointed) Oil and Gas Advisory Committee Patrick McCullough (Appointed) Gerald Rogen (Appointed) * * * * * * * * * * ** Mayor Adame called for consideration of the consent agenda (Items 3 - 17). There were no comments from the public. City Secretary Chapa announced that staff is requesting to withdraw Item 10 and bring it back for consideration in August. City Secretary Chapa also announced that staff is requesting that Item 17 be pull for an amendment. Council members requested that Items 3, 11, and 12 be pulled for individual consideration. City Secretary Chapa polled the Council fortheirvotes as follows: —1 Minutes — Regular Council Meeting July 20, 2010 — Page 2 4. MOTION NO. 2010 -174 Motion approving the purchase of one hundred and fifty (150) units of soft body armor from Nardis, Inc., of San Antonio, Texas in accordance with Bid Invitation No. BI- 0048 -10 based on best value for a total amount of $94,050. Funds are available from the Edward Byrne Justice Assistance Grant in the No. 1061 Police Grants Fund. 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. 2010-175 Motion approving the purchase of hardware, software, and services to upgrade the Port Aransas and Packery Channel 800 Mhz radio sites to Project 25 capable systems from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $113,400. Funds are available through the Public Safety Interoperable Communications Grant. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 6. MOTION NO. 2010 -176 Motion approving the purchase of one (1) 2010 Dodge 3500D ambulance from Dallas Dodge Chrysler Jeep of Dallas, Texas for the total amount of $115,000. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H- GAC). This ambulance will be used to replace Medic Unit 2 which was in an accident and damaged beyond repair. Funds for the purchase of the ambulance are in the FY2009 -2010 Fire Department Operating Budget. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 7 RESOLUTION NO. 028699 Resolution authorizing the City Manager or designee to execute a lease agreement with Del Mar College for 2,310 square feet of office and classroom space at Del Mar College West Campus to be used to provide administrative and instructional support to the Fire Academy, for annual rental payment of $40,000, subject to automatic annual renewals. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.a. RESOLUTION NO. 028700 Resolution authorizing the City Manager or his designee to submit a grant application, for the Solid Waste Department, in the amount of $25,000, to the Coastal Bend Council of Governments for recycling and anti - litter education and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting July 20, 2010 — Page 3 8.b. RESOLUTION NO. 028701 Resolution authorizing the City Manager or his designee to submit a grant application, for the Neighborhood Services Department, in the amount of $31,000, to the Coastal Bend Council of Governments to fund a tire recycling event, and an advertising and educational campaign to promote proper disposal of tires and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 8.c. RESOLUTION NO. 028702 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $5,000 to the Coastal Bend Council of Governments for projects sponsored by the Advisory Committee on Community Pride and Clean City Advisory Committee to fund clean up, beautification and recycling events, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.a. RESOLUTION NO. 028703 Resolution authorizing the City Manager or his designee to accept a grant of $50,000 from the Texas Department of State Health Services for personnel costs and travel expenses to fund a Hospital Preparedness Program relating to a plan for responding to an act of terrorism and to execute all related documents; and ratifying acceptance of the grant agreement to begin July 1, 2010. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 9.b. ORDINANCE NO. 028704 Ordinance appropriating a grant of $50,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to fund a Hospital Preparedness Program relating to a plan for responding to an act of terrorism. 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 ". 10. WITHDRAWN BY STAFF upon passage. 13. ORDINANCE NO. 028707 Ordinance appropriating $125,000 from the Unreserved Fund Balance in the Fund No. 5612 for Workers Compensation Claims Costs; changing the FY 2009 -2010 Budget adopted by Ordinance No. 028252 by increasing expenditures by $125,000. -3- Minutes — Regular Council Meeting July 20, 2010 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 14. MOTION NO. 2010 -177 Motion authorizing the City Manager or his designee to execute Amendment No. 26 to the professional architectural /engineering services contract with Pierce, Goodwin, Alexander and Linville, Inc. (PGAL) of Dallas, Texas in an amount not to exceed $97,087.83, for a restated not to exceed total fee of $4,024,859.13 for additional construction management and inspection services for Taxiway Rehabilitation Project No. 10019, Taxiway Signage /Lighting Project No. 10020, Airfield Drainage Phase 6 Project No. 10021, and Airfield Perimeter Road Improvements Project No. 10027. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 15. MOTION NO. 2010 -178 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Barcom Commercial Inc. of Corpus Christi, Texas, in the amount of $136,992.83 for Fire Station # 12 Driveway and Parking Lot Installation located at 2120 Rand Morgan Road. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". 16. MOTION NO. 2010 -179 Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Environmental Consulting Services Contract with the Coastal Bend Bays & Estuaries Program, Inc. of Corpus Christi, Texas in the amount of $155,721 for a restated not to exceed fee of $527,441 for Phase 2 of the Nueces River Basin Feasibility Study (Nueces Delta Ecological Field Research and Nueces Delta Hydrodynamic Transport Analysis and Modeling). 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 3 regarding the purchase of heavy trucks. Council Member Leal stated that she did not support the use of the matrix system for evaluating bids and awards should be made to companies that are the lowest bidder. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2010-173 Motion approving the purchase of four (4) heavy trucks in the amount of $528,822; and the lease purchase of three (3) heavy trucks in the amount of $246,533 for a grand total of $775,355.00. The equipment is awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0160 -10 based on low bid meeting specifications and low bid. The heavy trucks will be used by the Street, Water, and Wastewater Departments. All units are replacements to the fleet. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Maintenance Services —4— Minutes — Regular Council Meeting July 20, 2010 — Page 5 Fund. Financing for the lease purchase of the heavy trucks will be provided through the City's lease /purchase financing contractor. Corpus Christi Freightliner, Western Star Corpus Christi, TX Items: 1, 2, 3, & 4 $669,095 SanTex Truck Center San Antonio, TX Item: 5 $106,260 Grand Total: $775,355 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 11 regarding the resale of foreclosed properties. Council Member Leal asked questions regarding the resale of the properties and the fund that the received monies will be applied. Interim Director of Financial Services Constance Sanchez explained that this action will allow the properties to be sold at auction and the funds received will be applied to the general fund ad valorem taxes. City Secretary Chapa polled the Council fortheirvotes as follows: 11. ORDINANCE NO. 028705 Ordinance authorizing the resale of seventy -four (74) properties for $234,030 which were foreclosed upon for failure to pay ad valorem taxes, with opening bids at a tax resale auction of 30% of the most recent tax appraisal value, as described on the attached Exhibit A. 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 12 regarding the unreserved fund balance. In response to Council Member Leal, Assistant Director of Management and Budget Eddie Houlihan stated that the unreserved fund balance is estimated at $6.6 million at the end of FY2010. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 028706 Ordinance appropriating $360,682.91 in the General Fund No. 1020 from the Unreserved Fund Balance for reimbursement of improvements made by the Corpus Christi Independent School District at the Natatorium; changing FY 2009 -2010 Operating Budget adopted by Ordinance No. 028252 by increase appropriations by $360,682.91. 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 17 regarding the abandonment and vacation of property located in the Tyler Subdivision. Assistant City Manager Johnny Perales stated that staff has provided a substitute ordinance to address the underground and aerial easements and clarify the conditions of the closure. Minutes — Regular Council Meeting July 20, 2010 — Page 6 Council Member Martinez made a motion to adopt the substitute ordinance. The motion was seconded by Ms. Adler. In response to Mayor Adame, Mr. Perales stated that this action is required for the developer to move forward with construction. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 17. ORDINANCE NO. 028708 Ordinance abandoning and vacating a 1,509.327- square foot portion of a ground utility easement, and a 1,917.239- square foot portion of an aerial easement, out of Tyler Subdivision, Block 1, Lots 2, 12, and 13, and Tract B; requiring the owner, BL Real Estate Holding Company, LP to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". * * * * * * * * * * * * * Mayor Adame announced the executive session, which was listed on the agenda as follows: 18. 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. The Council went into executive session. The Council returned from executive session. No action was taken. * * * * * * * * * * * * Mayor Adame referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0610 -01, Ralph and Irma Rivera: A change in zoning from the "B-4" General Business District to the "1 -2" Light Industrial District to allow for a vehicle storage facility on property described as 1.266 acres, Patrick Gardens Block 1, Lot 3A North 102.7'; Patrick Gardens portion Lot 1, North 125' of Lots 2 & 3; Patrick Gardens 50' x 132.5' of Lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of Lot 1; Patrick Gardens 57' x 100.1' of Lot 1 & East 50.05' of Lot 2, located at 621 Mohawk Street. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including a preface; an aerial view; existing land use map; the future land use map; the oblique view; "B-4" and "1 -2" allowable uses; and additional,views of the subject property. Ms. Macon stated that the Planning Commission and staff recommended denial of the "1 -2" Light Industrial District and in lieu thereof, approval of the "B-4/SP" General Business District with a Special Permit subject to seven (7) conditions. Minutes -- Regular Council Meeting July 20, 2010 — Page 7 Mayor Adame called for comments from the audience. Joe Omani, owner of Texas Adult Day Care, spoke in opposition to the zoning change and expansion of the business. He stated that the citizens in the area want the multiple trailers removed from the property. Mr. Omani added that he feels that the property is a junk yard located within a residential neighborhood that the company should move the business to a designated property zoned for junk yard uses. Abel Alonzo, 1701 Thames, stated that the applicant has contributed to the community and hopes that the Council supports the zoning request. Francis Rodriguez, employee of Texas Adult Day Care, stated that she circulated a petition opposing the zoning change and reported that the citizens do not want to see the junked cars on the property. John Bell, representative for the applicant, reported that the vehicle impound yard has been operating continuously since 1973. Mr. Bell stated that the purpose of the zoning request is to allow the applicant to continue operations of the pre- existing use under a Special Permit with seven (7) conditions approved by the Planning Commission. The following topics pertaining to this item were discussed: the hours of operation and enforcement; expansion of the property; other towing companies operating outside of approved zoning areas; the department responsible for monitoring the conditions; the time limit for the special permit; the time period the business has been in operation; the issue of the Drug Enforcement Administration (DEA) storage; approval by the Planning Commission; illegal expansion of the property in previous years; the definition of a vehicle storage facility; screening; and whether the fencing meets fire standards. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 19. ORDINANCE NO. 028682 Amending the Zoning Ordinance, upon application by Ralph and Irma Rivera, by changing the Zoning Map in reference to 1.266 acres, Patrick Gardens Block 1, Lot 3A North 102.7'; Patrick Gardens portion Lot 1, North 125' of Lots 2 & 3; Patrick Gardens 50' x 132.5' of Lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of Lot 1; Patrick Gardens 57' x 100.1' of Lot 1 & East 50.05' of Lot 2, from "B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow for a vehicle storage facility, subject to seven (7) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick voting "No ". ***** * ******* Mayor Adame opened discussion on Item 25 regarding the renaming of Oceanview Park located at 1516 Seventh Street. Assistant Director of Parks and Recreation Stacie Talbert explained that staff is recommending the renaming of Oceanview Park to Catalina Martinez Park. Ms. Talbert referred to a powerpoint presentation including a park aerial view; the timeline summary; and information on Catalina Martinez. Mayor Adame called for comments from the audience. Arturo Martinez, 1309 Sixth Street, provided a list of his wife's accomplishments including the development of the neighborhood association and the initiation of the park and Head Start center in the neighborhood. Mr. Martinez thanked Council Member Martinez, the Park and Recreation Advisory Committee, and stafffortheir support on the efforts to rename the park. —7— Minutes — Regular Council Meeting July 20, 2010 — Page 8 Council Members Marez and Martinez spoke in support of the name change and honoring Ms. Martinez. City Secretary Chapa polled the Council for their votes as follows: 25. FIRST READING ORDINANCE Renaming the park located at 1516 Seventh Street from Oceanview Park to Catalina Martinez Park. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame opened discussion on Item 32 regarding the Bayfront Development Plan — Phase 1 improvements. Director of Engineering Services Pete Anaya explained that the change order consists of the extension of the landscape maintenance and the installation of skate stopper devices to prevent further damage. Raymond Gignac, Gignac and Associates, provided a brief overview of the landscaping maintenance; the reason for including the skate stoppers; and a status of the improvements. Mayor Adame called for comments from the audience. Leon Loeb, 921 N. Chaparral, spoke in opposition to using bond funds to support landscaping maintenance. Mr. Loeb also spoke in support of the effective tax rate. J.E. O'Brien, 4130 Pompano, supported the comments made by Mr. Loeb regarding the use of bond funds for the landscaping maintenance. The following topics pertaining to this item were discussed: the expected timeframe for completion of the cafe, kiosk and the pergola; the wind turbines; the shade structures; including skate stoppers as part of the contract for future improvements to the Bayfront Development Plan; using bond proceeds to fund the landscaping maintenance and the source for future funding of the landscaping maintenance; and whether the landscaper is a local contractor. A brief discussion ensued regarding the funding for the landscaping maintenance. There was a general consensus of the Council to postpone approval of this item until after the budget discussions to allow staff to find an alternate source of funding the landscaping maintenance. * * * * * * * * * * * * * Mayor Adame opened discussion on the special budget consideration items (20 -23). Assistant City Manager Martinez requested that Council discuss the special budget considerations items in the following order: the Development Services fees; the fee /rate increases; and approval of the budget. Mayor Adame opened discussion on Item 23 regarding Development Services fees. Mr. Martinez stated that staff is requesting that Council defer action on the Development Services fees for 60 days. Mr. Martinez added that staff is recommending decreasing the revenues by $135,000 and reducing expenditures by $135,000 in the proposed budget Mr. Scott made a motion to defer action on the Development Services fees for approximately 60 days. The motion was seconded by Mr. Kieschnick. Minutes — Regular Council Meeting July 20, 2010 — Page 9 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye" 23. DEFERRED ACTION FOR APPROXIMATELY 60 DAYS Ordinance amending Chapter 14 "Development Services," Article XIII, "Development Services Fees ", Division 1, "Technical Construction Code Fees ", Section 11 1302, Code of Ordinances, City of Corpus Christi, to provide for minimum permit fees, simplified 1, 2010. Mayor Adame opened discussion on Items 22 a. and 22.e. regarding the proposed utility rate increases included in the proposed FY2010 -2011 budget. Mr. Martinez provided an explanation of the proposed increases for the utility rates for Water and Wastewater and the driving factors affecting those rates. Mr. Martinez added that lowering the operating costs and decreasing the current annual debt service coverage to the minimum of 1.26% or below, could affect the City's bond rating and lead to legal action from the bond holders requiring the City to increase rates. Mark Seal, Financial Advisor, reported that he was asked by staff to provide information regarding the affect of the bond rating moving forward should the City not adopt rates sufficient to meet coverage or maintain the current credit levels. Mr. Seal referred to a response letter provided to the City with the following information: the City's current bond ratings; the likelihood that rating agencies will find discomfort should the City drop rate increases to met the debt service coverage to a minimum; the cost associated with a drop in credit ratings; technical default of the bond conveyance; and bond holder remedies. Mr. Seal stressed that it is extremely important that the City maintain the current levels in the utility fund to maintain the current credit ratings. The following topics pertaining to this item were discussed: the standard debt service coverage ratio for other cities with AA ratings; maintaining a rate structure that provides comfort to the bond holders; the term "chilled out of the market place "; establishing a rate that has appropriate debt coverage; the sale of bonds to pay back the debt the City has incurred; the description of the capital improvement process (CIP); the projects related to the rate increases; including utility infrastructure work as part of future bond issues; the schedule of required utility increases through 2019 even if the capital improvement program was reduced to zero; consideration to develop a reserve fund to pay -as- you -go or pay down the debt; recommendations from staff to discuss the CI P and the Operating Budget simultaneously, prioritize the CIP projects, and use of the commercial paper program; the affect on the utilities departments should the Council consider reducing the increase for operations; revenues collected in the Water and Wastewater departments; whether specific calculations have been done to show that not doing a one -time rate increase or lower the increase will make the City in default on the bond conveyance; the rate model for the CIP; the amount of revenue for the utility rate increases; and the letter submitted by County Judge Neal regarding utility payments. -9- Minutes — Regular Council Meeting July 20, 2010 — Page 10 Ms. Martinez made a motion to direct staff to address the plan for the capital improvement program (CIP). The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Martinez, and Scott, voting "Aye "; Marez was absent. Ms. Martinez made a motion to direct staff to develop a policy to include utility infrastructure work as part of future bond elections. The motion was seconded by Mr. Elizondo. 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 asked if there were any comments from the audience. J.E. O'Brien, 4130 Pompano, spoke in opposition to utility rate increases and suggested that if an increase is required to cover debt service requirements, the Council should only support an increase for that purpose. Mr. O'Brien urged the Council to table the second reading of the budget until July 27th after the certified tax rolls are received. Abel Alonzo, 1701 Thames, asked the Council to vote to support what is in the best interest of this community. Steve Horton, 15921 Cuttysark, spoke regarding the City of McAllen's growing economy and suggested marketing Corpus Christi and providing tax abatements to encourage growth in the City. Mary Ann Kelly, 4302 Schanen, asked the Council to vote in opposition to the utility rate increases. Louis Hoelscher, 4429 Congressional, recommended postponing the vote on the budget until the City receives the certified tax rolls and asked the Council to not increase rates more than the debt requirements. Mr. Chesney made a motion to amend Items 22.a. and 22.e. and support only what is necessary to maintain the City's bond conveyance and cover the minimum debt obligations. Mr. Chesney stated that he was only recommending this motion because the taxpayers would be burdened with the cost of the default if the City did not increase the utility rates to fulfill the debt requirements. The motion was seconded by Mr. Kieschnick. A brief discussion ensued regarding the affects of cutting the operating costs for the Water and Wastewater Departments and the rates for the customer classes. The foregoing motion failed with the following vote: Chesney, Elizondo, Kieschnick, and Leal, voting "Aye "; Adame, Adler, Marez, Martinez, and Scott, voting "No ". City Secretary Chapa polled the Council for their votes as follows: 22.a. ORDINANCE NO. 028686 Amending Sections 55 -50, 55 -52, 55 -113 and 55 -70(9) and adding new Section 55 -55, 55- 56, and 55 -115, Code of Ordinances, City of Corpus Christi, regarding Water Rates; providing for publication. (First Reading - 07113110) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No ". 22.e. ORDINANCE NO. 028690 Amending Sections 55 -100, 55 -102, and 55 -148, Code of Ordinances, City of Corpus Christi, regarding Wastewater Rates; and providing for publication. (First Reading - 07/13/10) -10- Minutes — Regular Council Meeting July 20, 2010 — Page 11 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No ". Mayor Adame opened discussion on Items 22. b., 22.c., 22.d., 22.f., 22.g., 22.h., 22.1., 22.j., and 22.k. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 22.b. ORDINANCE NO. 028687 Amending Article III, Chapter 12, Code of Ordinances, City of Corpus Christi, regarding the Sunrise Beach Recreation Site; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal, voting "No ". 22.c. ORDINANCE NO. 028688 Amending Sections 55 -61 and 55 -63, Code of Ordinances, City of Corpus Christi, regarding Gas Rates; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal, voting "No ". 22.d. ORDINANCE NO. 028689 Amending Section 35- 147(d), Code of Ordinances, City of Corpus Christi, regarding Pipeline Reporting Fees; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No ". 22.f. ORDINANCE NO. 028691 Amending Section 18- 1(b)(12), Code of Ordinances, City of Corpus Christi, regarding Fire Code Fees; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal, voting "No ". 22.g. ORDINANCE NO. 028692 Creating new Section 19 -105, Chapter 19, of the Code of Ordinances, regarding Reinspection of Frozen Dessert Machines and related fee; amending the following provisions of Chapter 23, Code of Ordinances: Section 23 -18, entitled "Schedule of Fees for Clinical Health Services and Policies Related to the Imposition And Collection of Such Fees," to revise existing fees and applicable provisions; and Section 23 -19, entitled "Fee for Laboratory Testing of Water Samples ", to revise the title and establish new fees for Vector —11— Minutes — Regular Council Meeting July 20, 2010 — Page 12 Services; creating new Section 23 -24, Entitled "Rental and Use of Facilities," regarding rental of the Auditorium, equipment, and fees; providing for an effective date; providing for penalties; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal, voting "No ". 22.h. ORDINANCE Amending various provisions of Chapter 21 of the Code of Ordinances, entitled "Garbage, trash and other refuse" to revise existing fees, add new definitions and language, and establish new fees; providing for an effective date; providing for penalties; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal, voting "No ". (Note: After the vote was taken, a motion to reconsider was made by Council Member Scott and seconded by Council Member Martinez and passed unanimously. Discussion and action follows Item 22.k.) 22.i. ORDINANCE NO. 028694 Amending Code of Ordinances, Chapter 17, to establish fees for Public Information Office: $25 CCTV Community Event Bulletin Board slide fee, and $75/hour fee forvideo production services, and include Council Chambers audio video services after business hours fee of $50/hour; providing an effective date; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No ". 22.j. ORDINANCE NO. 028695 Amending the Code of Ordinances, Chapter 2 regarding $5.00 Lost Library Item Processing Fee; providing an effective date, and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, and Leal, voting "No ". 22.k. ORDINANCE NO. 028696 Amending Section 3'/2 -2, Code of Ordinances relating to the fees charged for Alarm Systems; providing an effective date, and providing for publication. (First Reading - 07/13/10) Minutes — Regular Council Meeting July 20, 2010 — Page 13 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Kieschnick, Marez, Martinez, and Scott, voting "Aye"; Chesney, Elizondo, and Leal, voting "No ". Council Member Kieschnick requested that the Council reconsider Item 22.h. to discuss the removal of Section 21 -11(0. Council Member Kieschnick stated that he felt that the requirement that placement of recycle bins and carts shall be set out for collection before 7:30 a.m. on collection day and not prior to 5:00 a.m. is unenforceable. Council Member Scott made a motion to reconsider Item 22.h. The motion was seconded by Ms. Martinez and passed unanimously. Mr. Scott made a motion to delete Section 21- 11(f). The motion was seconded by Ms. Martinez. The motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 22.h. ORDINANCE NO. 028693 Amending various provisions of Chapter 21 of the Code of Ordinances, entitled "Garbage, trash and other refuse" to revise existing fees, add new definitions and language, and establish new fees; providing for an effective date; providing for penalties; and providing for publication. (First Reading - 07/13/10) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Brandi Williams, General Chair of the Sister City Committee, spoke regarding the selection criteria for Sister City student representatives. Dan Winship, 13509 Queen Johann and on behalf of the Island Political Action Committee, thanked the Council for serving the City and spoke in opposition to rate and property tax increases. Rick Hayley; Stacy Richards; Michelle Peters, 401 Clifford; Heidi Hodva, 1022 Harrison; and Abel Alonzo, 1701 Thames, asked that the Council not remove the Pride /Clean City Coordinator position from the budget. Wilhelmina Stackhouse, 2424 Dempsey, asked the City for assistance in cleaning up the Hillcrest neighborhood. Foster Edwards, CEO of the Corpus Christi Chamber of Commerce, spoke in support of the effective tax rate. Dr. Robert Furgason, 1334 Sandpiper, thanked the Council for supporting the Art Museum of South Texas and items that improve the quality of life in the City. Donna McClure, 4120 Loma Alta, said she would support the cuts recommended in the budget as long as the Council makes responsible decisions moving forward. Lee Brandon, 4217 Five Points Road, asked the Council not to burden the unemployed citizens with higher rates. Mayor Adame called for a 10- minute break. * * * * * * * * * * * ** Mayor Adame opened discussion on Item 20 regarding the FY2010 -2011 Operating Budget. Assistant City Manager Oscar Martinez provided a brief overview of the motions made last week for the Convention and Visitors Bureau (CVB) marketing funding plan; the Rapid Response Brush Program; the Development Services budget; and dedicating saving from —13— Minutes — Regular Council Meeting July 20, 2010 — Page 14 reorganization /consolidation efforts to street maintenance. A discussion ensued regarding whether the Council would like staff to realize the saving from the reorganization /consolidation efforts going forward or recognize the saving now. Mr. Martinez referred to a powerpoint presentation including an overview; the four (4) day work week strategy; specific issues to be evaluated; revenue strategies discussed; the effective tax rate; highlights in the proposed budget; a budget reduction initiatives summary; current staff recommendations to restructure the organization; recommendations for consolidation and reorganization; department recommended budget reductions; executive staff recommended reductions; continuing initiatives; summary of savings initiatives. The following topics pertaining to this item were discussed: the estimated savings for the four (4) day work week; the surplus property disposition; health insurance; the status of the employee clinic; consolidation of payroll services and consideration to privatize these services; the $1.6 million loss for maintaining the effective tax rate; and the savings from vacancies occurring during the fiscal period. There was a general consensus of the Council to suspend implementation of the four (4) day work week. Council Member Marez requested that staff bring back an item to discuss the Request for Proposal (RFP) process for the health insurance plan. Mr. Chesney made a motion to include the $500,000 savings from vacancies occurring during the fiscal period in the budget. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No ". Mr. Chesney made a motion to eliminate the funding for the Deputy City Manager position in the amount of $175,000. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mr. Chesney made a motion to realize the savings from the vacant positions not currently filled including the library positions - $70,000, the park maintenance staff - $70,000, and a safety coordinator - $55,000, for a total amount of $195,000. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Mr. Chesney made a motion to eliminate the supervisory training for all departments in the amount of $8,750. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". Minutes — Regular Council Meeting July 20, 2010 — Page 15 Council Member Chesney asked that Council Member Scott consider an amendment to his motion last week regarding transferring all economic development assets. Mr. Chesney recommended reducing the Director of Economic Development position in the amount of $105,000 and transferring the employee position and only $100,000 to the EDC, with a savings of $205,000 in the budget. A brief discussion ensued regarding the total budget of the Economic Development Department (EDD); staff's recommendation; and the structure and responsibilities. Mr. Scott stated that he did not support the amendment. Mr. Chesney asked to return to this item. Mr. Chesney made a motion to freeze the Assistant City Manager position in the amount of $150,000. The motion was seconded by Mr. Elizondo. City Secretary Chapa polled the Council for their votes as follows: The motion failed with the following vote: Chesney, Elizondo, Leal, and Marez, voting "Aye "; Adame, Adler, Kieschnick, Martinez, and Scott, voting "No ". Mr. Chesney made a motion to reduce the Director of Economic Development position in the amount of $105,000 and transfer the assets and $125,000 to the Economic Development Corporation (EDC) for a total savings of $205,000. The motion was seconded by Mr. Kieschnick. A brief discussion ensued regarding the location of the Economic Development Manager and the responsibilities of the EDC and the City. Council Member Martinez directed staff to develop an agreement and understanding with the EDC to determine the functions and responsibilities. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, and Leal, voting "Aye"; Elizondo, Marez, Martinez, and Scott, voting "No". In response to Council Member Chesney, Assistant City Manager Martinez provided an explanation of the current payroll functions and the proposed consolidation services. Interim Assistant City Manager Cindy O'Brien stated that this procedure will centralize payroll services and provided for consistency. Mr. Chesney made a motion to consolidate the payroll services for a savings of $500,000. The motion was seconded by Mr. Kieschnick. Mr. Kieschnick asked that staff consider the opinion of an RFP or RFQ process for privatization. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal was absent. Based on the cuts approved today, Mr. Chesney made a motion to maintain the effective tax rate at $0.56, thus lowering the effective tax rate. The motion was seconded by Ms. Leal. A brief discussion ensued regarding allocating the savings for street maintenance or in reserve for the upcoming years instead of maintaining the effective tax rate. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion failed with the following vote: Chesney, Elizondo, Kieschnick, and Leal, voting "Aye "; Adame, Adler, Marez, Martinez, and Scott, voting "No ". Mr. Scott made a motion to move approximately $1.6 million into the street maintenance fund. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the foregoing vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye ". —15- Minutes — Regular Council Meeting July 20, 2010 — Page 16 Mr. Kieschnick made a motion to support the remaining savings recommended by staff with the exception of the Assistant City Manager Position. The motion was seconded by Mr. Marez. Mayor Adame expressed concern with the elimination of the Pride Coordinator. Mr. Kieschnick amended his motion to exclude the Pride Coordinator position. In response to Mr. Marez, Mr. Kieschnick stated that his motion included the furlough day. Mr. Marez withdrew his second. The motion failed for lack of second. Mr. Kieschnick made a motion to outsource the facility maintenance staff in the amount of $269,841. The motion failed for lack of second. Mayor Adame called for comments from the audience. David Loeb, 522 Hancock, thanked the Council for their continued support of downtown and asked the Council to keep in mind how garbage and potholes affect businesses in the community. Mr. Loeb stated that he would like lower property taxes, however the goal is to make sure that the services go to the community. City Secretary Chapa polled the Council for their votes as follows: 20.a. ORDINANCE NO. 028683 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2010; to be filed with the County Clerk; appropriating monies as provided in the budget. (First Reading — 07113110) The foregoing ordinance was passed and approved on its second reading as amended with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, and Leal, voting "No ". 20.b. ORDINANCE NO. 028684 To ratify increase of $1,380,315 in property tax revenues from last year's Operating Budget as reflected in the 2010 -2011 Operating Budget. (First Reading — 07/13/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Marez, Martinez, and Scott, voting "Aye "; Chesney, Elizondo, Kieschnick, and Leal, voting "No ". Mayor Adame opened discussion on Item 21 regarding the Compensation and Classification ordinance. Director of Human Resources Cynthia Garcia explained that this item allows for the implementation of the compensation plan approved in the budget. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 028685 Amending Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, revising Section 39 -309 Coverage Under the City's Group Health Plan to Establish the City Contribution for Citicare Premium Coverage, Revising Section 39- 312 Retirees Participation in the City's Group Health Insurance Program at Group Rates to clarify that Group Rates are based upon the Retiree Group, Repealing All Other Ordinances, and Rules, or Parts of Ordinances and Rules, in conflict with this Ordinance; Providing for Effective Date. (First Reading — 07/13/10) Minutes — Regular Council Meeting July 20, 2010 — Page 17 The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Adler and Leal were absent. * * * * * * * * * * * * Mayor Adame announced that he would abstain from the vote and discussion on Item 24. Mayor Pro Tem Elizondo opened discussion on Item 24 regarding the private development efforts and re- development in the area in the vicinity of the American Bank Center. Assistant City Manager of Development Services Johnny Perales provided a background on this item and explained that this item is a resolution supporting the anchor project to be considered for adoption. Council Member Scott stated that Joe Esch with Wallace Bajjali Development Partners, LP never received the resolution. Mr. Scott added that Mr. Esch requested that the term "receipt of a request from the land owners on a proposed conceptual development plan" was not included in the resolution. In response to Mr. Scott, Mr. Perales stated that staff has no problem including the language in the resolution. Mr. Scott made a motion to amend the resolution to include the language "receipt of a request from the land owners on a proposed conceptual development plan ". The motion was seconded by Mr. Kieschnick. The foregoing motion was passed and approved with the following vote: Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Adame abstained; Adler and Leal were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 028697 Resolution declaring the City of Corpus Christi's interest in supporting a private development effort to create an anchor project for future development and re- development in an area in the vicinity of the American Bank Center. The foregoing resolution was passed and approved as amended with the following vote: Chesney, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Adame abstained; Adler and Leal were absent. Mayor Adame opened discussion on Item 26 regarding privatization and outsourcing, reorganization, and operational & management practices. Assistant City Manager Martinez explained that this item was tabled on June 6th. Mr. Martinez provided a brief background and presented the following options for consideration: Option 1 - allowing Crowe Horwath to go to Phase 2 to evaluate the nine (9) initiatives identified; Option 2 - direct staff to select one (1) to five (5) of the privatization and outsourcing initiatives to present to Council to enter into a limited contract for Phase 2 with Crowe Horwath; Option 3 — allow the Administration Committee to review, evaluate and select one (1) to five (5) of the privatization and outsourcing initiatives to present to the full Council, and enter into a contract for Phase 2 with Crowe Horwath. Mr. Martinez stated that staff is recommending Option 3. The following topics pertaining to this item were discussed: whether Option 3 included appropriating funding; consideration to not use Crowe Horwath any further; having staff address the initiatives; and whether staff has the capacity to handle evaluating and implementing the initiatives. —17- Minutes — Regular Council Meeting July 20, 2010 — Page 18 There were no comments from the audience. Mr. Martinez clarified that the recommendation is not to appropriate any funding, authorize staff to work with Crowe Horwath to identify one (1) to five (5) projects and make a presentation to the Administration Committee that shows the value of proceeding forward with Phase 2. Mr. Martinez added that if the Administration Committee deems that there is no value, then the decision will be to direct staff to continue. A motion was made and seconded directing staff to work with Crowe Horwath on one (1) to five (5) projects and bring back to the Administration Committee. The motion failed with the following vote: Adame, Elizondo, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, Leal and Marez, voting "No "; Adler was absent. Mr. Chesney made a motion directing staff to proceed and work with the Administration Committee to bring back recommended projects for privatization /outsourcing for final approval by the full Council. The motion was seconded by Mr. Marez. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. Based on the previous motion, the following items regarding privatization and outsourcing were not voted on: 26.b. Ordinance appropriating $175,000 from-the Unreserved Fund Balance in the Ceneral Fund 7106119} -18- Minutes - Regular Council Meeting July 20, 2010 - Page 19 2 ") concerning the privatizing 8,- outsourcing -of certain portions of the City's municipal -- ' - -e,-, '- 1- • • - - _e•••• •-- 7106110) Mayor Adame opened discussion on Item 27 regarding the Oso Water Reclamation Plant Service Area Collection System Enhancement Program Indefinite Delivery Indefinite Quantity (IDIQ) Contract. Director of Engineering Services Pete Anaya explained that this item is for approval of a construction contract for $1,500,000 with Huff and Mitchell, Inc. The following topics pertaining to this item were discussed: funding from the capital improvement program (CIP); the base bid ranges; the estimated total cost of the project over three years; an explanation of the IDIQ contract; sanitary sewer overflows; whether funding was appropriated when the Council approved the CIP; and the size of the lines. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. MOTION NO. 2010 -180 Motion authorizing the City Manager or his designee to execute a construction contract with Huff and Mitchell, Inc. of Cypress, Texas, in the amount of $1,500,000 for the first 12 -month period (Base Year) for the Oso Water Reclamation Plant Service Area Collection System Enhancement Program Indefinite Delivery Indefinite Quantity (IDIQ) Contract. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. Mayor Adame opened discussion on Item 28 regarding the development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. Director of Engineering Services Pete Anaya explained that this item includes an appropriating of grant funding and the approval to engage services with HDR Engineering. Mr. Anaya referred to the fee schedule and stated that there is an appropriation of $500,000 to expand the CNG fueling infrastructure and $300,000 to expand the existing incentive program for residential construction of natural gas. Carl Crull, HDR Engineering, was available to respond to questions. The following topics pertaining to this item were discussed: the total amount of the grant; the amount left from the application; and the summary of the fee for basic services. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28.a. ORDINANCE NO. 028698 Ordinance appropriating $2,507,500 from a Department of Energy Grant in the No. 1071 Community Enrichment Grants Fund for development of an Energy Efficiency Conservation Strategy and Community Sustainability Plan. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. -19- Minutes — Regular Council Meeting July 20, 2010 — Page 20 28.b. MOTION NO. 2010 -181 Motion authorizing the City Manager or his designee to execute a Professional Services contract in the amount of $1,471,000 with HDR Engineering of Corpus Christi, Texas for preparation and implementation of the Energy Efficiency Conservation Strategy and Community Sustainability Plan. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. Mayor Adame opened discussion on Item 29 regarding the purchase of vehicles and installation of dedicated CNG Fuel System conversion. Assistant Director of Financial Services Michael Barrera explained that this item is for award of the purchase of CNG vehicles and the conversion to CNG vehicles. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. MOTION NO. 2010 -182 Motion approving the purchase of ten (10) pickup trucks, ten (10) light duty pickup trucks, four (4) heavy duty vans, and two (2) medium duty trucks and the installation of dedicated CNG Fuel System Conversion on ten (10) vehicles from the following companies for the following amounts in accordance with Bid Invitation No. BI- 0145 -10, based on low bid, best bid and low bid meeting specifications, for a total amount of $800,752.75. These vehicles will be used by the Gas, Water and Wastewater Departments. Twenty -three (23) vehicles are replacement units and three (3) units are additions to the fleet. Funding forthe purchase of vehicles is available in the Water Fund, Community Enrichment Grant Fund No. 1071 and the Capital Outlay budget of the Maintenance Services Fund. Westway Ford Irving, TX Line Items: 1, 2, 3, & 8 $244,688 Champion Ford Corpus Christi, TX Line Items: 4, 6, 7, & 10 $253,509 Holiday Ford Whitesboro, TX Line Items: 5, 9, & 11 $167,555.75 Access Ford Corpus Christi, TX Line Item: 12 $135,000 Grand Total: $800,752.75 The foregoing motion was passed and approved with the following vote: Adame, Chesney, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Elizondo were absent. Mayor Adame opened discussion on Item 30 regarding the Police Vehicle Impound Facility, Phase 1. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; location; project site; schedule and costs. Shane Torno, Freese and Nichols, was available to respond to questions. The following topics pertaining to this item were discussed: CIP funding; whether the City owns additional land around to site for expansion; and utilities not included in the Bond 2008 issue. —20— Minutes — Regular Council Meeting July 20, 2010 — Page 21 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. MOTION NO. 2010 -183 Motion authorizing the City Manager, or his designee, to execute a Construction Contract with Bay, Ltd. of Corpus C hristi, Texas in the amount of $2,107,855.57 for the Police Vehicle Impound Facility, Phase 1 for the Total Base Bid plus Additive Alternate Nos. 1, 3 and 4. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Kieschnick, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. Mayor Adame opened discussion on Item 31 regarding the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; existing O.N. Stevens Water Treatment Plant (ONSWTP) processes; ONSWTP improvements; benefits; project scope; budget; and schedule. Deputy Director of Water Mark Van Vleck and Director of Water Gus Gonzalez were available to respond to questions. In response to Council Member Leal, Mr. Anaya clarified that the funding is available through the Water CIP FY2010 through the commercial paper program. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 31. MOTION NO. 2010 -184 Motion authorizing the City Manager or his designee to execute a Construction Contract with KST Electric of Corpus Christi, Texas in the amount of $1,828,992.39 for the O.N. Stevens Process Monitoring Instrumentation and Automation Improvements for the total base bid. The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Marez, Martinez, and Scott, voting "Aye "; Chesney, Kieschnick, and Leal, voting "No "; Adler was absent. City Secretary Chapa announced that that Item 33 was postponed by staff. 33. New Economic Development Website Demonstration Mayor Adame returned to discussion on Item 32 regarding the Bayfront Development Implementation Plan, Phase 1. Assistant City Manager Oscar Martinez stated that during the budget discussion, there was a recommended budget reduction of approximately $66,000 saving for five (5) Recreation Coordinators in the Park and Recreation Department. Mr. Martinez added that staff is recommending using these funds to fund the maintenance landscaping. Ms. Leal requested that the record reflect that that she wanted to change her vote to "No" on Items 27 and 30 based on misinformation provided. The following topics pertaining to this item were discussed: the landscaping maintenance schedule; whether there was pad site on the park for a restaurant and consideration of an RFP; consideration of naming rights opportunities to recognize revenue; the parking for the pad site; the location of the pad site; and the square footage for the pad site. -21- Minutes — Regular Council Meeting July 20, 2010 �- Page 22 Ms. Martinez made a motion to amend Item 32 to accept staffs recommendation for funding. The motion was seconded by Mr. Scott. City Secretary Chapa polled the Council for their votes as fol lows: The foregoing motion was passed and approved with the following vote: Adame, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No "; Adler and Chesney were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 32. MOTION NO. 2010 -185 Motion authorizing the City Manager or his designee to execute Change Order No. 23 to the construction contract with Haas Anderson Construction of Corpus Christi, Texas in an amount not exceed $84,379.65, fora restated not to exceed contract amount of $15,540,947 for 12 months extended landscape maintenance with option to renew for 12 months and installation of skate stopper devices for the Bayfront Development Plan — Phase 1 Improvements. (BOND ISSUE 2008) The foregoing motion was passed and approved as amended with the following vote: Adame, Elizondo, Kieschnick, Marez, Martinez, and Scott, voting "Aye "; Leal voting "No "; Adler and Chesney were absent. * * * * * * * * * * * ** Council Member Martinez directed staff to provide an update on the utility bill donation for the Art and Cultural Alliance. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 8:36 p.m. on July 20, 2010. * * * * * * * * * * * * * 2 a. ANIMAL CONTROL ADVISORY COMMITTEE — Three (3) vacancies with terms to 5 -31 -13 representing the following categories: 2 — Community at Large and 1 — Veterinarian. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City - County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex- officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City- County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS Barbara E. Beynon (Animal Welfare) William R. Schroeder (Comm at Large) Helen Sterbach (Comm. at Large) * Cheryl Martinez (Comm at Large) * * * * * Dr. John Buckley (Comm. at Large) * * * * * Dr. William Watson (Veterinarian), Chair Samantha Person (Animal Welfare /Shelter) City Manager or Representative Annette Rodriguez, Director of Public Health Kelli Copeland, Supervisor, Animal Control TERMS 5 -31 -11 5 -31 -12 5 -31 -12 5 -31 -10 5 -31 -10 5 -31 -10 5 -31 -11 Ex- Officio, Ex- Officio, Ex- Officio, ORIGINAL APPTD. DATES 9 -09 -08 5 -09 -06 8 -18 -09 8 -18 -09 5 -11 -04 5 -11 -04 9 -09 -08 Nonvoting Nonvoting Nonvoting (The Animal Control Advisory Committee is recommending the reappointment of Cheryl Martinez (Community at Large) and the new appointments of Heather Tarnoski (Community at Large) and Dr. Barbara Whitlock (Veterinarian). Legend *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Cheryl Martinez 8 8 100% (Community at Large) OTHER INDIVIDUALS EXPRESSING INTEREST Janice Amsden Destini Andrachik Timothy Scott Craig Susie Crowson Robert Andrew Franklin Raymundo G. Garcia Robert Gouveia Teacher, Corpus Christi Independent School District. Received BS in Biology /Chemistry and MA in Biology from Sam Houston State University. Activities include: Wildlife Rescue and Rehabilitation and Education. (Community at Large) (6 -4 -10) Co- Owner, Bruno's Bath House. Received BA in Marketing Communications. Sponsor and Participant in Local Pet Awareness and Pet Adoption Events. (Community at Large) (5- 22 -09) Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (Community at Large) (12 -7 -09) Assistant Professor, Del Mar College. Received BA and MA from Texas Tech and PhD from Texas Woman's University. (Community at Large) (4- 29 -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. (Community at Large) (7- 15 -09) Retired, United States Postal Service. Received Associates Degree in Science from Del Mar College. Activities include: Pan American Golf Association and Teach Driver's Safety Courses for the AARP. (Community at Large) (11 -9 -09) Sales Representative, Document Solutions, Inc. Received Bachelor of Business Management. Eagle Scout. Activities include: Texas State Aquarium- Education Department and Corpus Christi Hispanic Chamber of Commerce. (Community at Large) (7- 14 -09) Meredith N. Grant Austin Harbin William Paul Hunt April Jones Edward Kownslar Anthony John Mulheron 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. (Community at Large) (10- 14 -08) Table Tender, Carina's Italian. Attending Del Mar College. Recipient of the National Young Leaders Award and the Eucharistic Cross Bearer Award. (Community at Large) (3- 22 -10) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Community at Large) (6 -4 -09) Operation Project Manager/BSD Administrator, American Bank. Received Bachelors in Sociology from Texas A &M University - College Station and Masters in Political Science from Texas A &M- Corpus Christi. Activities include: Women's Shelter, Big Brothers/Big Sisters, Humane Society and Texas Democratic Women. (Community at Large) (4- 14 -09) Associate Director of Mary and Jeff Bell Library, Texas A &M University - Corpus Christi. Received BS in Journalism from University of Kansas, MS in Library Science from University of North Texas, and Master of Public Administration from Texas A &M University- Corpus Christi. Activities include: Board of Director, Family Counseling Services of Corpus Christi, 2004 -2006, Texas Library Association, Various Committees, 1999- 2007, and American Library Association, Various Committees, 1998- Present. (Community at Large) (10 -9- 08) Aircraft Production Lead, AECOM. Attending Del Mar College. Activities include: Wounded Warrior Project Soldier, Independence Masonic Lodge 1337 and HEART — Hero's Assistance Program. Recipient of Army Achievement Civilian Award. (Community at Large) (12- 7-09) Stefany Tegeler Schade Judi Sisson Heather Tamoski 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. (Community at Large) (5- 28 -09) Owner, Pet Grooming Business and Non -Profit Humane Animal Rescue Group. Graduate of Long Island University, New York. Student and Substitute Teacher. Community Organizer. Attended Citizen University. Recipient of Jefferson Award. (Community at Large) (8- 21 -09) Co- Owner, Bruno's Bath House. Attended College. Sponsor and Participant in Local Pet Awareness and pet Adoption Events. (Community at Large) (5- 22 -09) Barbara Whitlock, D.V.M. Relief Veterinarian, Corpus Christi Animal Care Services. Graduated from Texas A &M University - College Station. Served as Chief Veterinarian for the Houston Zoo and Humane Society in Columbus, Ohio. Activities include: Padres Island National Seashore Sea Turtle Program and Corpus Christi - Nueces County Medical Reserve Corp. Previously served on Ohio Veterinary Medical Association's Shelter Medicine Board. (Veterinarian) (7- 15-10) b. BUILDING CODE BOARD OF APPEALS - Two (2) vacancies with terms to 5 -4 -12 representing the following categories: 1— not connected with the building industry and 1 — engineer. DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing written notice on form provided by the Building Official and payment of $265 fee. The board may vary the application of any provision of the Building Code to any particular case where in its opinion the enforcement of the Code would do manifest injustice, and would be contrary to the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of the Building Official should be modified or reversed. The Board must specify the manners, conditions, and reason for the variation. Either party may appeal the Board's decisions to the City Council. COMPOSITION: Seven (7) members appointed by the City Council for two -year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one member not connected with the building industry. Quorum shall require four (4) members. MEMBERS Bill Ewing, Jr. (Building Industry) *Cliff Atnip (Not Conn W/Bldg. Ind.), Chair John R. Dykema, Jr. (Architect), Co -Chair *Ricardo Martinez (Engineer) Mike Lippincott (Gen. Cont.) John Kendall (Building Industry) Chris Hamilton (Building Industry) TERMS 5 -04 -12 5 -04 -10 5 -04 -11 5 -04 -10 5 -04 -11 5 -04 -12 5 -04 -13 ORIGINAL APPTD. DATES 8 -21 -07 5 -17 -05 8 -21 -07 12 -9 -08 8 -21 -07 12 -9 -08 7 -21 -09 (The Building Code Board of Appeals is recommending the reappointments of Cliff Atnip (Not Connected with the Building Industry) and Ricardo Martinez (Engineer). ATTENDANCE RECORD OF MEMBERS SEEDING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Cliff Atnip (Not Conn.) 8 Ricardo Martinez (Eng.) 8 NO, PRESENT 7 8 Legend *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation % OF ATTENDANCE LAST TERM YEAR 88% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Mona Baen Katharine Barrera Shawn P. Bodine Jim Boller, III Vincent E. Doyle James Hoenscheidt William Paul Hunt William M. Kramer, Jr. President, Stewart Title. Activities include: Executive Women's International, Rotary Club, and CCAR. (Not Connected with the Building Industry) (5- 13 -09) Owner, Mosaic & Mosaic Kids. Attended University of Texas at Austin. Activities include: Livestrong Army CC, March of Dimes, Planned Parenthood South Texas, and Dress for Success South Texas. (Not Connected with the Building Industry) (4- 15 -10) Project Manager, Flint Hills Resources. Received BS in Electrical Engineering from Texas A &M University - Kingsville and MBA from University of Utah. Activities include: Texas Society of Professional Engineers, Nueces Chapter. Recipient of Builder of the Year Award (1988). (Not Connected with the Building Industry) (2 -9 -10) 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. (Will Resign if Appointed) (Not Connected with the Building, Industry) (4- 20 -09) Retired, Corpus Christi Army Depot. Received Trade School Vocational Certification and Associates Degree from Camden County College, New Jersey. (Not Connected with the Building Industry) (4- 17 -09) Broker Associate, Joe Adame & Associates, Inc. Attended College. Special Award for Value Improvement Program (Not Connected with the Building Industry) (5- 28 -09) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (Not Connected with the Building Industry) (6- 4-09) Agent, Kramer Insurance Agency. Received Bachelor in Political Science from Texas A &M University - Corpus Christi. (Not Connected with the Building Industry) (5- 28 -09) Mary A. "Linda" Moya Ramiro Munoz III Mohamad Omar Keith Parker Ralph Pitzer Human Services Tech., Texas Department of Family and Protective Services. Attended Del Mar College and has a real estate license. Received a Certificate of Appreciation from TXDFP and from Nueces Child Welfare Foundation. (Not Connected with the Building Industry) (4- 16 -09) Project Manager, LNV Engineering. Received Bachelor of Science and Master of Science in Civil Engineering from Texas A &M University - Kingsville. Attended United States Marine Corps Engineering Specialist School. Activities include: President - Structural Engineers Association of Texas - Corpus Christi Chapter, American Concrete Institute, American Institute of Steel Construction, TAU BETA PI- Engineering Honor Society, and American Society of Civil Engineers. Recipient of Student Engineer of the Year, 2005 and Navy and Marine Corp Achievement Medal. (Engineer) (12- 08 -09) Self - Employed, Real Estate. 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. (Not Connected with the Building Industry) (10 -6 -09) Senior Mechanical Engineer, Bath Engineering/Noresco. Received BS in Mechanical Engineering. Activities include: ASHRAE and AEE. Serves on the CCCIC /Loan Review Committee. (Engineer) (4- 23 -09) Partner, GPM Engineering. Received BS in Mechanical Engineering from University of Texas at Austin. Previously Served on Mechanical/Plumbing Advisory Committee. Activities include: American Society of Heating, Ventilating and Air Conditioning Engineers, Board of Governors, YWCA, and First Baptist Church. (Engineer) (1- 20 -10) Guadalupe V. Salinas Administrative Assistant, Pathfinder Energy/Smith International. (Not Connected with the Building Industry) (8- 24 -09) Jennifer Taylor IT Recruiter, Integrity Workforce Solution. Received Associates Degree- Paralegal. (Not Connected with the Building Industry) (8- 10 -09) Ronald A. Voss Nixon M. Welsh President /Owner, Voss Engineering, Inc. and Live Oak Construction, Inc. Received BS from Texas A &M University. Activities include: Builders Association of Corpus Christi, Texas Society of Professional Engineers, American Society of Civil Engineers, and Texas Society of Professional Land Surveyors. (Engineer) (2- 24 -10) Senior Engineer, Partner, Bass & Welsh Engineering. Received BS and MS in Civil Engineering from University of Texas. Registered Professional Engineer and Land Surveyor. Activities include: Texas Society of Professional Engineers and Texas Society of Professional Engineers. (Engineer) (3- 11 -08) c. CABLE COMMUNICATIONS COMMISSION — One (1) vacancy with term to 7 -27- 13. DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the City Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services, work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Council. No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. The commission shall select from its membership a chairperson and a vice - chairperson whose terms shall be one year. ORIGINAL MEMBERS TERMS APPTD. DATES Carolyn Moon 7 -27 -12 5 -29 -07 Leo Estrada 7 -27 -11 2 -12 -08 Latrice M. Sellers 7 -27 -11 8 -26 -08 *Connie Gutierrez, Chair 7 -27 -10 1 -10 -06 Stephen R. West 7 -27 -12 10 -11 -05 (The Cable Communications Commission is recommending the reappointment of Connie Gutierrez.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NAME Connie Gutierrez NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 12 7(lexc) 58% OTHER INDIVIDUALS EXPRESSING INTEREST Ken De Koning Pastor, De Koning Ministries. Received a Bachelor's Degree. (4- 16 -09) Rosie Flores Co- Pastor, Family Life Outreach Church. (5- 19 -09) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Victor Frazier Raymundo G. Garcia Louis Hoelscher Edward Frank Lewis Drew Reining James Russell Student Supervisor, Texas A &M University - Corpus Christi. Received a BA, MA, MS, and PhD. Activities include: Minister - Church of Christ. (4- 16 -09) Retired, United States Postal Service. Received Associates Degree in Science from Del Mar College. Activities include: Pan American Golf Association and Teach Driver's Safety Courses for the AARP. (11 -9 -09) Retired, City of Corpus Christi. Attended College and Continuous Education Classes by Texas Engineering Extension Service. Activities include: Member and Eucharistic Minister at Most Precious Blood Catholic Church, Life Member of American Rose Society, President of Corpus Christi Rose Society, and The Gardens Condos Board. Recipient of Water Utility Young Man of the Year — Coastal Bend Water and Sewer Association and the South Central District Bronze Award from the American Rose Society. (6- 17 -09) Retired, Nueces County Sheriff's Department. Served in the United States Navy. Received AA in Law Enforcement and Additional Training from Pensacola Junior College. Attended Texas Corrections Standards Academy, Texas Law Enforcement Standards Academy, Del Mar Community College, Career Academy of Broadcasting, Atlanta, Georgia, and International School of Ministry, San Bernardina, California. Activities include: Republican Precinct Chairman. Recipient of Employee of the Month Tejas Kia. (4- 20 -09) Self - Employed, Mediator. Received BA from University of Texas at Austin and JD from University of Texas Law School. Formerly Served on Animal Control Advisory Committee, Commission on Children and Youth and Sister City Committee. Activities include: Mediators Association of South Texas and Dispute Resolution Services -Board of Directors. (12 -3 -09) Retired, United States Air Force and City of Corpus Christi - Engineering and MIS Departments. Attended College and Military Electronics School. Activities include: Boating and International Municipal Signal Association. (5- 14 -10) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) d. FOOD SERVICE ADVISORY COMMITTEE — Two (2) vacancies with terms to 6- 24 -13 representing the following categories: 1 -- Food Industry and 1 — Community at Large. DUTIES: The functions will be to advise the Director of Health on application of ordinances regarding food and food establishments, review the permit fees annually to ensure the cost of the program is returned to the City, and to conduct hearings pursuant to the sections of the ordinance relating to revocations and to make written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art. 19 -84. COMPOSITION: Seven (7) members. The membership shall consist of four (4) local food managers from the food service or food processing industries and three (3) persons from the community at large. Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative, and one community member are reappointed each year. No voting member may serve more than two terms of three years each with the exception of those initially appointed for less than a full three -year term. MEMBERS Joshua Hinojosa (Food Industry) Lisa Pollakis (Food Industry) Jack Baker (Food Industry) Dr. Nina Sisley (Community at Large) Isabel Aguilar (Community at Large) *Gabriel G. Hernandez (Food Industry) *Anthony Hernandez (Community at Large) TERM 6 -24 -11 6 -24 -12 6 -24 -12 6 -24 -11 6 -24 -11 6 -24 -10 6 -24 -10 ORIGINAL APPTD. DATE 2 -12 -08 6 -30 -09 6 -30 -09 6 -14 -05 6 -30 -09 6 -19 -07 4 -13 -10 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Gabriel Hernandez (Food Ind.) 6 4 67% Anthony Hernandez (Comm. Lg.) —No meetings have been held since his appointment OTHER INDIVIDUALS EXPRESSING INTEREST Robert Boyle Retired Sales/Manager/Training, Sysco Foods. Received BBA from Stephen F. Austin. Activities include: Boy Scouts of America Troop 2 and Bayfest. (Community at Large) (6- 12 -09) Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance **"*Has met six -year service limitation Sylvia R. Cantu Ralph Chavez Austin Harbin Danny Kollaja Edward Kownslar Carlos R. Moreno Eulalia Puentes Amber Sayre 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. (Food Industry or Community at Large) (5- 28 -09) Bakery Supervisor, Corpus Christi Independent School District. Attended Del Mar College. Activities include: Carroll Tiger Band, Musician, Golfer and Outdoorsman. (Food Industry or Community at Large) (4- 15 -10) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (Community at Large) (3- 22 -10) 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. (Community at Large) (4- 22 -10) Associate Director, Mary and Jeff Bell Library, Texas A &M University- Corpus Christi. Received Bachelor's Degree from University of Kansas, Master's Degree from University of North Texas, and Master's Degree from Texas A &M University- Corpus Christi. Activities include: Board of Directors- Family Counseling Services of Corpus Christi, Texas Library Association and American Library Association. (Community at Large) (10 -9 -08) Food Service Manager, Stripes #2120. Activities include: LULAC Council #1. Recipient of LULAC Man of the Year. (Food Industry or Community at Large) (2- 24 -09) Attended College. Formerly Served as Commissioner of Housing Authority. Activities include: Elections. (Community at Large) (2 -9 -10) Currently Attends Del Mar College, Registered Nurse Program. (Community at Large) (10 -6 -09) Ted Schroeder Doan Shockley Owner /Adminstrator/Instructor, Gulf Coast Food Manager Certification Program. Received Degree in Business Management from University of Kentucky. Past President of Elizabeth Town, Kentucky Jaycees and Lions. (Food Industry or Community at Large) (4- 23 -09) Director of Restaurant Services, Stripes. Received BS from the University of Houston and A.O.S from The Culinary Institute of America -Hyde Park. Former Instructor at Conrad N. Hilton College at University of Houston. (Food Industry or Community at Large) (6 -8 -09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (Community at Large) (8- 10 -09) e. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — One (1) vacancy with term to 6- 16 -11. DUTIES: To advise City Council, City Manager, and Parks Department Staff regarding the Senior Companion Program ( "SCP ") including but not limited to recruitment strategies; provide support in recruitment of volunteers and volunteer stations; serve as community advocates and liaisons; assist in development of non - federal resources to include fundraising; advise on programming for impact; advise on how to measure trends and impact of trends in the community; assist with development and implementation of program evaluations and surveys; conduct an annual assessment of the program by surveying program volunteers; bi- annually assess project accomplishments and impact; and attend special events and activities related to Senior Companion Program. COMPOSITION: The committee shall consist of seven (7) members and must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. The committee shall be composed of the following: 1 — SCP Volunteer (active volunteer for one - year /serve minimum fifteen (15) hours per week), 1 — SCP Volunteer Workstation representative (executive, director or similar leadership position at a current SCP Volunteer Station), and 5 — At Large. MEMBERS Shirley Tipton (SCP Volunteer) Maria (Isabel) Odeh (SCP Vol. Station) Christie Martinez (At Large) Monica Rodriguez (At Large) Apolonia P. Cantu (At Large) Marie Partington (At Large) *Vacant (At Large) TERM 6 -16 -12 6 -16 -12 6 -16 -11 6 -16 -12 6 -16 -11 6 -16 -11 6 -16 -11 (Note: On June 8, 2010 City Council appointed Brian Perez He declined that appointment.) (The Senior Companion Program Advisory Committee is appointment of Amber Sayre (At Large). INDIVIDUALS EXPRESSING INTEREST Samantha Chase ORIGINAL APPTD. DATE 6 -16 -09 6 -16 -09 6 -08 -10 2 -09 -10 6 -16 -09 6 -16 -09 6 -08 -10 to the At Large category. recommending the new Special Education Instructional Paraprofessional II, Corpus Christi Independent School District. Received a Master's Degree in Education. Activities include: Kappa Delta Pi, Golden Key International Honor Society, International Reading Association and Student Reading Council. (At Large) (11- 18 -09) Sarah Kloos Sandra M. Rivera Amber Sayre Jose R. Villanueva, Jr. Felix Zavala, Jr. Attended Del Mar College. Has Served on Boards and Hosted Events to Benefit Non - Profit Organizations. (At Large) (1 -6 -09) Lottery Specialist, Texas Lottery Commission. Attended Del Mar College. Received BBA and MBA from University of the Incarnate Word. Recipient of South Texas Academic Rising Star 2008/2009 and 2009/2010 and Hispanic Scholarship Fund/Wal -Mart Stores, Inc. Activities include: HEB Feast of Sharing, Angel Food Ministries, Bayfest, Habitat for Humanity and Statte Charitable Campaign. (At Large) (6 -8 -10) Currently Attends Del Mar College, Registered Nurse Program. (At Large) (10 -6 -09) Retired. Senior Companion Volunteer. 23 -09) Pastor, El Shaddai Church. Activities Meetings. (At Large) (8- 10 -09) (At Large) (12- include: Prayer CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 8/17/2010 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $22,750 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2011 Hazardous Materials Emergency Preparedness (HMEP) Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a hazardous chemical inventory and to conduct an emergency response exercise, with a hard match of $4,550, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE Nueces County is a highly industrialized community with a high risk for emergencies involving hazardous materials. Nueces County has major hazardous material highway transportation routes (i.e. IH -37; US 77; US 181), hundreds of miles of pipelines (represented by 69 companies), major railways (Kansas City Southern Railroad Company and BNSF Railway Company), over 10 major petroleum/chemical plants, a military base, and the 7th largest port in the U.S. In 2010, over 340 facilities reported using, storing, or manufacturing a hazardous substance or extremely hazardous substance above its Threshold Planning Quantity. Over 90 percent of the County' s 317,000 people live within 10 miles of a "high risk" area. The general public requires constant education on the potential risks and proper actions to take in a chemical emergency; additionally local responders need continual training and practice in responding to such an event. REQUIRED COUNCIL ACTION: Approval of Resolution. PREVIOUS COUNCIL ACTION: None FUNDING: Funds are available in the Local Emergency Planning Committee (LEPC) budget. The LEPC budget is funded by contributions from local businesses and industry. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution authorizing the City Manager, or his designee, to submit a grant application in the amount of $22,750 to the Texas Depaitnient of Public Safety Division of Emergency Management for Hazardous Materials Emergency Preparedness Planning, which will require a 20% City hard match of $4,550. liC. i Rict'iard Hooks Fire Chief RLH @cctexas.com (361 )826 -3932 Attachments 1. Resolution 2. Application BACKGROUND INFORMATION The United States Department of Transportation, passed through the Governor's Division of Emergency Management, annually offers the Hazardous Materials Emergency Preparedness grant for Local Emergency Planning Committees (LEPCs) in Texas. The City of Corpus Christi / Nueces County LEPC has utilized these grants to conduct public outreach about hazardous materials and conduct emergency response exercises. RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $22,750 TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY, GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, FOR FY 2011 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) GRANT PROGRAM FOR PUBLIC AWARENESS BROCHURES, SCHOOL BOOK COVERS, PRODUCTION AND BROADCAST OF PUBLIC SERVICE ANNOUNCEMENTS, TO CONDUCT A HAZARDOUS CHEMICAL INVENTORY AND TO CONDUCT AN EMERGENCY RESPONSE EXERCISE, WITH A HARD MATCH OF $4,550, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application in the amount of $22,750 to the Texas Department of Public Safety, Govemor's Division of Emergency Management, for FY 2011 Hazardous Materials Emergency Preparedness (HMEP) Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a hazardous chemical inventory, and to conduct an emergency response exercise, with a hard match of $4,550, and is authorized to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Govemor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program. ATTEST: Armando Chapa City Secretary APPROVED: July 26. 2010. By: T. Trisha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 2 FY11 HMEP Planning Grant Application HMEP Application Coversheet Local Emergency Planning Committee 1. APPLICANT INFORMATION PLEASE TYPE ALL INFORMATION a. Legal Name of LEPC county or city: City of Corpus ChristilNueces County LEPC Geographic area covered: Nueces County b. Name of Grant Manager: Maricela Cuevas, LEPC Administrator Address: 2406 Leopard St., Suite 200 Corpus Christi, TX 78408 e-mail address: marim @cctexas.com Telephone: (361) 826 -3960 Fax: (361) 826 -4417 c. Name of person writing final summary letter: Maricela Cuevas, LEPC Administrator Address: 2406 Leopard St, Suite 200 Corpus Christi, TX 78408 e -mail address: marim @cctexas.com Telephone: (361) 826 -3960 Fax: (361) 826 -4417 d. Name of person who will administer funds': Rick Ramos, LEPC Finance Committee Chairperson Address: 2406 Leopard St., Suite 300 Corpus Christi, TX 78408 e -mail address: rickr @cctexas.com Telephone: (361) 826 -3938 Fax: (361) 887-8053 e. County or City's Vendor Identification Number: 74 -6000 -754 2. CERTIFICATION To the best of my knowledge and belief, all information in this application is true and correct. The document has been duly authorized by the [county judge, mayor, city manager] and a majority vote of the Local Emergency Planning Committee. The County /City of Corpus Christi will serve as fiscal agent for the project and comply with all contractual obligations if assistance is provided. NAME OF LEPC CHAIR: Fire Chief Richard Hooks SIGN • " • 1 h TELEPHONE: (361) 826 -3932 FAX: (361) 826 -4316 D . NAME OF AUTHORIZED FISCAL AGENT`: Angel Escobar • TITLE: Corpus Christi City Manager SIGNATURE TELEPHONE: (361) 826 -3222 FAX: (361) 826 -3839 DATE: 1 This cannot be the LEPC Chair or grant manager. Must be a member of the authorized fiscal agent. 2 This is the county or city fiscal agent that will manage of any and all monies awarded under this grant. See paragraph 6. [Type text] —47— FY11 HMEP Planning Grant Application Project Narrative (Page 1 of 3) City of Corpus Christi /Nueces County Local Emergency Planning Committee (Legal Name of LEPC county or city) Section 1: Problem Statement and Data (Limit to 100 words) Nueces County is a highly industrialized community with a high risk for emergencies involving hazardous materials. Nueces County has major hazardous material highway transportation routes (Le. IH -37; US77; US181.), hundreds of miles of pipelines (represented by 69 companies), major railways (Kansas City Southern Railroad Company and BNSF Railway Company), over 10 major petroleum/chemical plants, a military base, and the 7th largest port in the U.S. In 2010, over 340 facilities reported using, storing, or manufacturing a hazardous substance or extremely hazardous substance above its Threshold Planning Quantity. Over 90 percent of the County's 317,000 people live within 10 miles of a "high risk" area. The general public requires constant education on the potential risks and proper action to take in a chemical emergency, as well as local responders needing continuous training and practice to responding to such an event. Section 2: Goal Statement (Limit to 100 words) The LEPC is committed to using all mediums available to educate the public as to the potential risks and hazards that are associated with the transportation, storage and use of hazardous materials. In addition, the LEPC will continue to educate the public on the proper actions to take in the event of a hazardous chemical accident or release. The LEPC will also assist business and industry with planning and preparing for emergency events. LEPC will play an essential role in creating and administering a full scale drill event, which will include industry, hospitals, first responders, and community partners. Section 3: Areas & Population Served (Limit to 100 words) The outreach portion of the project is expected to reach over 90% of people across all demographics of Nueces County (est. pop. 317,000) and its adjacent communities, employing several different delivery mediums. In addition, a portion of the project is specifically aimed at reaching at least 25,000 Nueces County school children and their families living along major hazardous material transportation areas. A full scale exercise drill will be designed to test response capabilities of multiple urban and rural jurisdictions. [Type text] -48- FY11 HMEP Planning Grant Application Project Narrative (Page 2of3) Section 4: Planned Project Objectives The LEPC will distribute 25,000 covers with the LEPC chemical safety message in schools in or near "high risk" areas. The book covers will be delivered to schools in August 2011. Public awareness brochures will be printed and mailed through the City of Corpus Christi spring utility bills. 87,000 households will receive the brochure through this utility billing. A full scale drill is planned to test the response capabilities of multiple jurisdictions, including: ▪ Unified Command under the National Incident Management System. ▪ Interoperability of Communications. Haz -Mat identification and isolation procedures. Public Information distribution, including TV informercial. Test joint emergency response capabilities between the City of Corpus Christi emergency response agencies and rural Nueces County emergency response agencies. Test medical response involving various injuries, pre - hospital treatment, decontamination. The LEPC will subcontract to review current Tier II filings to identify any additional industries that should be filing Tier II reports. Section 5: Measurement & Evaluation The LEPC 2011 Outreach Campaign is expected to reach most, if not all, of 300,000 Nueces County residents, as well as many people from surrounding communities. There will be 25,000 book covers delivered to schools in "high risk" areas. The planned exercise will test the emergency plans of numerous response agencies. The success of the outreach campaign should be reflected by an increase in website traffic which is directly measured. The exercise success will be measured by the "After- action Report" conducted and evaluated by all response parties involved. Our most recent community survey (2008) conclude that only 44% of the people had seen information regarding how to prepare for a chemical emergency, 39% of people said that know enough about preparing for chemical emergencies, however, only 15% have done anything to prepare. The LEPC's goal is for 70% of the population to know about a personal Safety Plan and how to prepare and respond during a chemical emergency. The goal of the exercise is to promote inter - agency coordination of response plans and communications. [Type text] -49- FY11 HMEP Planning Grant Application Project Narrative (Page 3 of 3) Section 6: Project Summary The LEPC continues to spread the message about the potential for chemical emergencies and what actions to take in the event of a chemical incident using several strategies. The LEPC stresses such messages as: Bee Prepared! — Have a Personal Safety Plan Bee Alert! -- Chemicals are everywhere Bee Aware! — Know the signs of a chemical emergency A Pipeline brochure will be developed for the 2011 mail -out. The brochure will be mailed out in the City of Corpus Christi utility bill and will reach approximately 89,000 households. School book covers will be delivered to 25,000 students in "high risk" areas. A new 30 second video will be produced regarding hazardous chemicals and will be broadcasted on local TV Stations. The video will air a minimum of 250 times. In addition to providing crucial emergency information, each advertising medium will also lead the audience to visit our website which contains more comprehensive safety information. The LEPC will plan a multi - agency full scale drill to be designed and proctored by a professional emergency response training organization. Four different fire departments will response to the scene including the Corpus Christi Police Department, TCEQ, TGLO and NOAA. Area hospitals and schools will be asked to participate in the drill. An after action report conducted by all agencies involved will provide valuable feedback for the improvement of the agencies' response plans and preparations. [Type text] (Limit to space above — do not use continuation page) -50- FY11 HMEP Planning Grant Application HMEP Budget Summary (Page 1 of 3) City of Corpus Christi /Nueces County Local Emergency Planning Committee (Legal Name of LEPC county or city) BUDGET CATEGORIES GRANT FUNDS (80 %) LOCAL MATCH3 (20 %) TOTAL PROJECT FUNDS a. Travel 0 0 0 b. Supplies (Attach a detailed list) 0 0 0 c. Salaries (Part -time / temporary) 0 0 0 d. Contractual $18,200.00 $4,550.00 $22,750.00 e. Other f. Totals (Sumofa - e) $18,200.00 $4,550.00 $22,750.00 FISCAL YEAR ACTUAL LEPC PLANNING ACTIVITY EXPENDITURE EXCLUSIVE OF FEDERAL FUNDS g. 20084 $81,378.24 h. 200925 $86,728.44 i. Total LEPC Expenditure $168,106.68 j. Average of past two years $84,053.34 k. I certify the average of the past two years for planning will be spent in addition to the 20% cost share for the grant. LEPC Signatur Date: Chairperson: Fire Chief Richard Hooks : El iJ �ii fir) r 3 If the local match will be in kind, rather than cash, describe how the match will be provided. Sae paragraph 5, Funding, on page 3 of the HMEP Planning Grant Application for further information on eligible match items. 4 See HMEP Budget Analysis, Page 17 [Type text} -51- FYI 1 HMEP Planning Grant Application HMEP Budget Detail (Page 2 of 3) City of Corpus ChristilNueces County Local Emergency Planning Committee Travel: Supplies: Salary: Contractual Services: • $4,500 Production and delivery of 25,000 book covers to "high risk" Nueces County School. • $2,250 Printing of 89,000 brochures to be inserted in Corpus Christi Utility billing. • $5,000 Contract with Professional Services to design and conduct an emergency response full scale drill. • $6,000 Produce a new Infomercial video and broadcast it on local TV stations. • $5,000 Contract with Professional Services to identify any industries that should be filing Tier II reports. Other: 5 Break cost down into line items. [Type text] _52_ HMEP Planning Grant Application HMEP Budget Analysis for 2008/2009 (Page 3 of 3) [Type text] -53- (Legal Name of LEPC county or city) 2008 Authorized planning project(s) Expenditure for planning project(s) (Do not include Federal Funds) Funded LEPC Office and full -time Administrator /Coordinator to include interagency Coordination, emergency operations planning, Community outreach, hazardous material Training and exercise coordination $69,177.00 Advertising and other outreach expenditures, Including TV /Radio commercials and production, Training materials for citizens _, $12,201.00 2008 Total planning project expenditures: $81,378.24 , 2009 Authorized planning project(s) Expenditure for planning project(s) (Do not include Federal Funds) Funded LEPC office & full -time administrator/ Coordinator to include interagency coordination, Emergency operations planning, community Outreach, hazardous material training & Exercise coordination $72,010.42 Advertising & other outreach expenditures, Including printing of materials. $14,718.02 2009 Total planning project expenditures: $86,728.44 [Type text] -53- FY11 HMEP Planning Grant Application HMEP Planning Grant Survey Please complete this survey as part of your HMEP Planning Grant Application Package. The following questions about the jurisdiction within your LEPC will be used as part of the grant application scoring process. Survey Items Yes No Question 1. What level does the jurisdiction(s) served by the LEPC have their emergency management plans? X • Advance level • ❑ Intermediate level ❑ ❑ Basic level ❑ • None of the above/unable to determine. X ❑ 2. Is the jurisdiction(s) served by the LEPC NIMS compliant? ❑ X 3. Does the jurisdiction(s) served by the LEPC have a current commodity flow study? If so, when was the study conducted? 1998 (year) X 4. Does the jurisdiction(s) served by the LEPC have a current Hazard Analysis? If so, when was the analysis conducted? 1998 (year) X • 5. Has the LEPC taken an active role in the local jurisdictions emergency management planning /training? X ❑ 6. Has the LEPC taking an active role in ensuring hazardous material training is provided for local first responders? 7. At what HazMat level are most of the fire fighters in the jurisdiction served by the LEPC trained? ❑ ❑ Technician or above (TDEM goal for all fire fighters) ❑ ❑ Operations X ❑ Awareness • • None of the above/unable to determine. a. At what HazMat level are most of the public works employees in the jurisdiction served by the LEPC trained? ❑ ❑ Operations or above (TDEM goal for public works) X • Awareness ❑ ❑ None of the above/unable to determine. Explain: b. At what HazMat level are most of the police officers in the jurisdiction served by the LEPC trained? ❑ Operations or above (TDEM goal for law enforcement) X ❑ Awareness ❑ ❑ None of the above/unable to determine. Explain: [Type text] —54— FY11 HMEP Planning Grant Application x ❑ 8. Are there written plans in place to train all first responders to the HazMat operations - level? Under these plans what is the projected date all first responders will be trained to the HazMat operations - level? 2011+ (year) All responders are already trained at Haz -Mat Operations - level. X ❑ 9. Has the jurisdiction(s) served by the LEPC conducted a hazardous material training exercise in the past three years? When? 2010 (year) X ❑ 10. Does the LEPC have an education and outreach program concerning hazardous materials in place? X ❑ 11. Has your LEPC applied for a HMEP grant in the past two years? X ❑ 12. Can your LEPC /community provide the cash /soft match required with this grant? x ❑ 13. Can your jurisdiction complete this project within the time allotted? [Type text] —55— AGENDA MEMORANDUM City Council Action Date: August 17, 2010 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $180,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, EQUIPMENT, AND OTHER EXPENSES TO PROVIDE A PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2010. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $180,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE A PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $180,351.00 to maintain the laboratory beginning August 1, 2010, through July 31, 2012, as a Level B laboratory. This grant will fund the salary for two (2) technical positions and the purchase of equipment to support the testing and teaching functions required in the grant as well as continuing to enable the lab to test food for possible outbreaks of food -borne illness. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY09 -10. FUNDING: There is 10% match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Annette Rodnguez, .H Director of Public Health annetter(cctexas.com itn -tt26- f`2uo BACKGROUND INFORMATION This item continues our current contract with the DSHS to maintain our lab at a Level B within the Laboratory Response Network. This will enable the lab to test food for possible outbreaks of food -borne illness and flu testing. The contract period is from 811110- 7131112, and funds are being awarded to cover personnel, fringe benefits, travel, equipment, supplies, and additional funds to update equipment. This contract requires 10% match funds. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $180,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS, EQUIPMENT, AND OTHER EXPENSES TO PROVIDE A PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT AGREEMENT TO BEGIN AUGUST 1, 2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $180,351 from the Texas Department of State Health Services for personnel costs, equipment, and other expenses to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism and to execute all related documents. Furthermore, the City Council ratifies acceptance of the grant agreement to begin August 1, 2010. ATTEST: Armando Chapa City Secretary APPROVED: July 22, 2010 Eliz, h R. Hundley Assi. ant City Attorney for the City Attorney EHres27O CITY OF CORPUS CHRISTI Joe Adame Mayor —61— Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres270 _62_ AN ORDINANCE APPROPRIATING A GRANT OF . $180,351 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE A PUBLIC HEALTH EMERGENCY PREPAREDNESS PROGRAM RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $180,351 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide a Public Health Emergency Preparedness Program relating to a plan for responding to an act of terrorism. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: July 22, 2010 Eliza •' R. Hundle Assis . nt City Attorney for the City Attorney EHord3O6 —63— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor 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 EHord306 -64- 5 AGENDA MEMORANDUM City Council Action Date: August 17, 2010 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE AND YOUNGER, AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE AND YOUNGER; AND DECLARING AN EMERGENCY. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $241,637 to provide funding for Immunization services. The contract provides financial assistance to maintain an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger. The contract period is from September 1, 2010 through August 31, 2011. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY09 -10. FUNDING: There is no matching funds. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. Director of Public Health annetterAcctexas. com s61- 82b -ii05 BACKGROUND INFORMATION Department of State Health Services has supported the Health District Immunizations Program through grant funding for many years. The Immunizations Program of the Health District has provided approximately 18,845 immunizations to 12,073 persons during the past year and 26,000 H1N1 vaccines to the general public. In addition to direct client services, the contract supports promotion of the need for immunizations to the general public and the medical community, as well as surveillance and investigation of vaccine - preventable diseases. It also enables the Health District to provide audits of schools and day care centers to assist them in complying with State requirements for immunization of children. No matching funds are required. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE AND YOUNGER, AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $241,637 76,658 from the Texas Department of State Health Services for personnel costs and other expenses to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger, and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 9, 2010 Eli -th R. Handle As tant City Attorney for the City Attorney EHres274 _69_ Joe Adarne Mayor Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Efizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres274 —70— AN ORDINANCE APPROPRIATING A GRANT OF $241,637 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE AN IMMUNIZATION PROGRAM FOR CHILDREN, ADOLESCENTS, AND ADULTS, WITH SPECIAL EMPHASIS ON CHILDREN TWO YEARS OF AGE AND YOUNGER; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $241,637 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age and younger. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 9, 2010 Eliza -, h R. Hundley Assi : nt City Attorney for the City Attorney EHord310 Joe Adarne Mayor —71— 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: 11we, 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, Council Members Joe Adame Mayor 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 EHord31 O _72- 6 AGENDA MEMORANDUM City Council Action Date: August 17, 2010 AGENDA ITEM: ITEM A: ORDINANCE APPROPRIATING $633,000 FROM THE ESTIMATED PROGRAM INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL YEAR 2010 -2011 PROGRAM INCOME TO FUND LABORATORY AND PUBLIC HEALTH SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2010, THROUGH AUGUST 31, 2011; AND DECLARING AN EMERGENCY. ISSUE: The Corpus Christi - Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned during the State fiscal year (September 1 — August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Expenditures have included laboratory and nursing supplies, communications equipment, and staff training. Planned expenditures for FY 2010 -2011 includes supplies, minor equipment, contractual services, training, and computer equipment for the laboratory, and nursing programs. REQUIRED COUNCIL ACTION: Authorize an appropriation of $633,000 for FY 2010- 2011 Program Income. PREVIOUS COUNCIL ACTION: Council approved funding FY09 -10. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend that the ordinance be approved to provide a continuation of public health services to our community. Annette Rodriguez, Director of Public Hea th annetteracctexas.com 361 -826 -7205 BACKGROUND INFORMATION The Corpus Christi - Nueces County Public Health District receives funding from the Texas Department of State Health Services (DSHS) to provide various public health services. The DSHS requires that revenues collected must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned is to be used to supplement local funds for public health services. Private Vaccine (PI) in the amount of $140,000 is used to purchase yellow fever, Hepatitis A, Hepatitis B, other vaccines, training and other needed supplies. Immunization (PI) in the amount of $150,000 is used to purchase medical supplies, training for staff and other needed supplies. Sexually Transmitted Disease (STD) (PI) in the amount of $20,000 is used for medication, outreach, training and other needed supplies. Laboratory Water Charges (PI) in the amount of $85,000 is used for reagents, equipment and other laboratory supplies. Tuberculosis (TB) (PI) in the amount of $33,000 is used for medical supplies, x-ray machine maintenance agreement and other needed supplies to operate the Tuberculosis clinic. Medicaid (PI) in the amount $120,000 is used to enhance the programs in which the program income was generated. Family Planning (PI) in the amount of $5,000 is used for medical supplies and other needed supplies needed to operate the Family Planning program. Laboratory Billing (PI) in the amount of $80,000 is used for reagents, equipment and other laboratory supplies. AN ORDINANCE APPROPRIATING $633,000 FROM THE ESTIMATED PROGRAM INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL YEAR 2010 -2011 PROGRAM INCOME TO FUND LABORATORY AND PUBLIC HEALTH SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2010, THROUGH AUGUST 31, 2011; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Estimated program income revenue in the amount of $633,000 is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2010-2011 program income to fund laboratory and public health services for the period of September 1, 2010, through August 31, 2011. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 4, 2010 I I ElizabI' R. Hundley Assi - nt City Attorney for the City Attorney EHord307 Joe Adame Mayor —77— 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, Council Members Joe Adame Mayor 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 EHord307 —78— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17, 2010 AGENDA ITEM: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT IN THE AMOUNT OF $24,755.00 FOR LED LIGHTING OF ORION'S BELT SCULPTURE ON CORPUS CHRISTI BAYFRONT ISSUE: Authorizing an interlocal agreement with DMD to provide matching funds for proiect to Tight the Orion's Belt sculpture on the bayfront with LED lights. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the interlocal cooperation agreement with the Corpus Christi Downtown Management District. Emily Ma ez Interim Director of Econ c Development emilym @cctexas.com 826 -3312 BACKGROUND INFORMATION The City of Corpus Christi will be entering into an Interlocal Agreement with the Downtown Management District (DMD) for the LED lighting of Orion's Belt Sculpture located on the Corpus Christi Bayfront. The City will provide up to $24,755 toward the project. Funds have been established through Bond 2004, item #24, Downtown Redevelopment Participation. Under the scope for this project, the City will provide matching funding for joint projects in the downtown area; improvements may include landscaping, irrigation, lighting, sidewalk improvements, or other street related improvements. Through this interlocal agreement, the DMD will contract with Naismith Engineering for project management, who will in turn subcontract with other contributors. The City will be responsible for the power necessary to light the sculpture. The following is the in -kind contribution of equipment, supplies, and services valued at $24,985 toward the project. Service City Match DMD Match Value Spectrumlighingwillpovide all teequipaentandfuclutes $16,500.00 $10,000.00 $26,500.00 $4,755.00 NRGEngirimingarlialfor design $4,755.00 $0.00 FSG Electrical Contactor - installation $0.00 $4,500.00 $4,500.00 AEP providing power to the site $0.00 $5,000.00 $5,000.00 Naisrniiii Engineering seavices for ymjed(151us7AM22hrsTKO) $0.00 $5,485.00 $5,485.00 Lighting Foundation $2,000.00 $0.00 $2,000.00 Contingency $1,500.00 $0.00 $1,500.00 Total Project Costs $24,755.00 $24,885.00 $49,740.00 RESOLUTION 2010 -12 of the CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT'S SUPPORT OF THE PROPOSED 2004 BOND PROJECT TO LIGHT ORION'S BELT USING LED LIGHTS WHEREAS, the Corpus Christi Downtown Management District has previously passed a Resolution expressing the DMD's support of Bond Issue 2004; and, WHEREAS, funding under the scope of the Bond 2004 Downtown Redevelopment Participation project provided City matching funds in an amount of $250,000 for joint projects in the downtown area which are yet to be determined and may include landscaping, irrigation, lighting, sidewalk improvements, or other street related improvements; and, WHEREAS, downtown lighting projects qualify as acceptable projects under the scope of Bond 2004 Downtown Redevelopment Participation Projects; and, WHEREAS, the Orion's Belt LED Lighting Project will enhance the appearance of the downtown skyline by lighting up Orion's Belt with energy efficient lighting systems that promote a "green" downtown image; NOW THEREFORE, be it resolved that the Board of Directors of the Corpus Christi Downtown Management District supports the City's efforts to match the cost of providing 4 LED fixtures for each of the three Orion's Belt Sculptures in an amount of $24,755.00 from Bond 2004 Downtown Redevelopment Participation proceeds, in accordance with the Interlocal Agreement for LED Lighting of Orion's Belt Sculpture on the Corpus Christi Bayfront attached and made a part h-reofl3y reference. PASSED and APPROVED this the 1 • ay f st 2010. ATTES George ' ower, Secretary ' Corpus Christi Downtown Management District David Loeb, Chairman of the Board Corpus Christi Downtown Management District Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT IN THE AMOUNT OF $24,755.00 FOR LED LIGHTING OF ORION'S BELT SCULPTURE ON CORPUS CHRISTI BAYFRONT 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 Downtown Management District in the amount of $24,755.00 for LED lighting of Orion's Belt sculpture on Corpus Christi Bayfront. A copy is attached as Exhibit "A ". 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 Joe Adame City Secretary Mayor APPROVED: 11th day of August, 2010. R. y fining First sista City Attorney For City Attorney InterlocalRESOLUTION —DMD Orion -- 08112010.doc -84- 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 InterlocalRESOLUTION --DMD Orion — 08112010.doc -85- Page 2 of 2 INTERLOCAL AGREEMENT FOR LED LIGHTING OF ORION'S BELT SCULPTURE ON CORPUS CHRISTI BAYFRONT This Interlocal Agreement is entered into by and between the City of Corpus Christi, Texas ( "City ") and the Corpus Christi Downtown Management District ( "DMD "). 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 install LED lighting for the Orion's Belt sculpture on the Corpus Christi Bayfront. 2. Scope of Services. The services to be performed by the City and DMD are outlined in Exhibit A, which is attached to and incorporated into this Agreement. 3. Implementation. The City Manager and Executive Director 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. 4. Participation Notice. Each Party shall notify the other Parties its participation in this Agreement by furnishing an executed original of the attached Participation Notice. 5. 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. 6. Administrative Services. The City agrees to provide administrative services necessary to coordinate this Agreement, including providing Parties with a current list of contact information for each Party. 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. INTERLOCALAGREEMENT -- DMD Orion — 08112010.doc Exhibit A -86- 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 atleast 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. 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. 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. INTERLOCALAGREEMENT -- DMD Orion — 08112010.doc —87— 17. 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. 18. 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. 19. Notices. a. Notices under this agreement may be delivered by mail as follows: City: DMD: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Corpus Christi Downtown Management District Attn: Executive Director 223 N. Chaparral St. Corpus Christi, TX 78401 b. The parties to this agreement may specify to the other party in writing. 20. 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. 21. Captions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 22. 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. iNTERLOCALAGREEMENT — DMD Orion — 08112010.doc —88— PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi City Council has approved participation in the Interlocal Agreement for LED lighting of the Orion's Belt sculpture on the Corpus Christi Bayfront, 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 INTERLOCALAGREEMENT -- DMD Orion — 08112010.doc _gg_ PARTICIPATION NOTICE I hereby notify the Parties that the Board of Directors, Corpus Christi Downtown Management District, has approved participation in the Interlocal Agreement for LED lighting of the Orion's Belt sculpture on the Corpus Christi Bayfront, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. John Vidaurri Date Executive Director INTERLOCALAGREEMENT — DMD Orion — 09112010.dac EXHIBIT A This exhibit details the services to be performed by the City of Corpus Christi ( "City ") and Corpus Christi Downtown Management District ( "DMD ") to provide LED lighting of the Orion's Belt sculpture on the Corpus Christi Bayfront. The City will provide up to $24,755.00 toward the project. DMD will obtain in -kind contribution of equipment, supplies, and service valued at $24,985 toward the project. DMD will contract with Naismith Engineering for project management, who will in turn subcontract with other contributors. The City will be responsible for the power necessary to light the sculpture. Service City Match DMD Match Value Spectrum Lighting will provide all the equipment and fixtures $16,500.00 $10,000.00 $26,500.00 NRG Engineering Contractfor design $4,755.00 $0.00 $4,755.00 FSG Electrical Contractor installation $0.00 $4,500.00 $4,500.00 AEP providing power to the site $0.00 $5,000.00 $5,000.00 Naismith Engineering services for project (15 hrs JAM 22 hrs TKO) $0.00 $5,485.00 $5,485.00 Lighting Foundation $2,000.00 $0.00 $2,000.00 Contingency $1,500.00 $0.00 $1,500.00 Total Project Costs $24,755.00 $24,985.00 $49,740.00 INTERLOCALAGREEMENT — DMD Orion — 08112010.doc —91— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17, 2010 A. A resolution ratifying the acceptance of an additional funding award in the amount of $1,581,735 for a total allocation of $3,163,472 from the Texas Department of Housing and Community Affairs effective July 14, 2010, and authorizing the City Manager or his designee to execute all related documents for the Weatherization Assistance Program. B. An ordinance appropriating an additional grant of $1,581,735 in the No. 1059 Grant Fund for the Weatherization Assistance Program; and declaring an emergency. ISSUE: The City of Corpus Christi, as a "Criteria Based Awards" subrecipient, was informed by the Texas Department of Housing and Community Affairs of funding eligibility for the Weatherization Assistance Program (WAP). A "Criteria Based Awards" pool is an allocation of $101,873,523 available to cities whose populations exceed 75,000 persons (2000 Census). The approved award amounts are based on the poverty populations in each city (2000 Census). PRIOR COUNCIL ACTION: City Council approved an initial appropriation of $1,581,737 on March 9, 2010 for the WAP. REQUIRED COUNCIL ACTION: Authorize the acceptance of an additional $1,581,735 from the Texas Department of Housing and Community Affairs for the WAP. CONCLUSION AND RECOMMENDATION: Staff recommends the authorization to accept and appropriate an additional $1,581,735 for a total allocation of $3,163,472 from the Texas Department of Housing and Community Affairs for the WAP and execute all related documents. Eddie Ortega Neighborhood Services Director Eddieoncctexas.com 361.826.3234 BACKGROUND INFORMATION The Texas Department of Housing and Community Affairs (TDHCA) announced the expected distribution and use of $297,507,285 (amount includes all administrative funds) through the Weatherization Assistance Program (°VIIAPI which the U.S. Department of Energy ( "DOE ") is providing to the State of Texas from the American Recovery and Reinvestment Act ( "ARRA ") of 2009. A contract was initiated by the TDHCA with the City of Corpus Christi to provide WAP services for a two year period (September 01, 2009 thru August 31, 2011.) An initial funding award of $1,581,737 was allocated by the TDHCA to the City of Corpus Christi which received City Council ratification on March 09, 2010. With an additional allocation award of $ 1,581,735 the total allocation for the City of Corpus Christi's WAP will be $3,163,472. ELIGIBLE USE OF FUNDS > Energy audit (a review of your home's energy efficiency, which identifies where air Teaks may be occurring, inefficient appliances, etc.) > Installation of weatherization measures to increase energy efficiency of a home (structure must be able to benefit from being weatherized) • The weatherization work consists of caulking; weather -stripping; adding ceiling, wall, and floor insulation; patching holes in the building envelope; duct work, and tune -up, repair or replacement of energy inefficient heating and cooling systems. • The weatherization measures to be installed must meet specific energy - savings goals. The WAP is designed to increase the energy efficiency of dwellings owned or occupied by low-income persons, reduce their total residential expenditures, and improve their health and safety, especially low income persons who are particularly vulnerable such as the elderly, persons with disabilities, families with young children, high residential energy users, and households with high energy burden. The type of weatherization that a household may receive is contingent upon a household's income eligibility, a comprehensive assessment of the household's energy use, and the availability of weatherization funds. These funds are distributed by TDHCA. TDHCA will coordinate activities in accordance with DOE -WAP guidelines. Households directly assisted with WAP funds must qualify by income and earn no more than 200% of the Federal Poverty Income Guidelines (Table 1). Table 1 The 2009 Income Limits for DOE and LIHEAP Energy Assistance Programs (Effective September 3, 2009) Persons in family 200% of Federal Poverty Income Guidelines { 1 ; $21,660 j 2 f $29,140 3 j $36,620 4 $44,100 5 $51,580 6 I $59,060 1 7 € $66,540 8 $74,020 For families with more than 8 persons, add $7,480 for each additional person *Subject to change Once the above income provisions are met, then priority is given to: • Roughly equivalent to extremely low- to very low-income households (0 -60 percent of the area median family income); • Households with small children (under the age of 6); Households with an elderly resident; • Households with a disabled resident; > Households with the highest energy cost and lowest income; and • Households with high residential energy use. COSTS PER UNIT The City of Corpus Christi will provide weatherization program services sufficient to expend the contract funds during the contract term. ARRA costs per unit, excluding health and safety expenses, shall not exceed $6,500 without prior written approval from TDHCA. WAP services will be provided to owner occupied units as well as rental units. INELIGIBLE USE OF FUNDS WAP funds may not be used to purchase or improve land, or for the purchase of construction or permanent improvement of any building or other facility. Any entity that receives funds from this proposal assumes responsibility for planning, coordination, and developing WAP activities. The funds shall not be used for the provision of services or the employment or assignment of personnel to support the following activities: any partisan or non - partisan political activity or any political activity in an election for public or party office; any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or any voter registration activity. Any other uses or activities deemed ineligible by state or federal rule would also be ineligible. _97_ Before the effective date of the Texas WAP Contract, an interested party that ultimately receives an award of Texas WAP funds, (subrecipient) may not incur nor be reimbursed for travel costs, as provided for with Administration funds, related to implementation training required by the Department as a condition of receiving a WAP award and Contract. There are no allowances for pre -award costs or activities, including but not limited to legal, procurement, or administrative fees. Additional limitations as defined in ARRA and DOE WAP Notices will be strictly enforced. ADMINISTRATION DOE allows 5% of funds to be utilized for administration of the WAP. Administrative costs incurred by the City of Corpus Christi in performing this contract are to be based on actual programmatic expenditures and shall be allowed up to the amount in the administration budget approved by the TDHCA (see Table 2 for budget allocations). Table 2 Budget for Available Allocations CATEGORIES FUNDS Administration $151,983 Liability 1 Pollution Occurrence insurance $ 15,534 Fiscal Audit $ 2,000 Materials / Program Support / Labor $2,296,120 Health and Safety $574,030 SUB -TOTAL $3,039,667 Training and Technical Assistance $ 123,805 TOTAL $3,1 63,472 STATUS With the allocation of TDHCA -WAP funding totaling $ 3,163,472, the City of Corpus Christi's Neighborhood Services Department (NSD) anticipates the weatherization of approximately Six Hundred Twenty Six (626) units of which; To date, Two Hundred Seventy Nine (279) units have been completed. CONCLUSION AND RECOMMENDATION: Staff recommends the authorization to accept and appropriate $1,581,735 from the Texas Department of Housing and Community Affairs for the WAP and execute all related documents. A RESOLUTION RATIFYING THE ACCEPTANCE OF AN ADDITIONAL FUNDING AWARD IN THE AMOUNT OF $1,581,735 FORA TOTAL ALLOCATION OF $3,163,472 FROM THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TO BE EFFECTIVE JULY 14, 2010, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS FOR THE WEATHERIZATION ASSISTANCE PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies the acceptance of an additional funding award in the amount of $1,581,735 for a total allocation of $3,163,472 from the Texas Department of Housing and Community Affairs to be effective July 14, 2010. Additionally, the City Manager or his designee is authorized to execute all related documents for the Weatherization Assistance Program. ATTEST: Armando Chapa City Secretary APPROVED: August 5, 2010 Eliza R. Hundley Assi . nt City Attorney for the City Attorney Corpus Christi, Texas EHre5272 _99— CITY OF CORPUS CHRISTI Joe Adame Mayor day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres272 —100— AN ORDINANCE APPROPRIATING $1,581,735 IN THE NO. 1059 GRANT FUND FOR THE WEATHERIZATION ASSISTANCE PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A funding award in the amount of $1,581,735 is appropriated in the No. 1059 Grant Fund for the Weatherization Assistance Program. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 5, 2010 Efizar th R. Hundley Assi - nt City Attorney for the City Attorney EHord308 Joe Adame Mayor —1 0 1 — Corpus Christi, Texas day of ,2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor 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 EHord3Q8 -102- 9 AGENDA MEMORANDUM City Council Action Date: August 17, 2010 SUBJECT: Staples Street (BOND ISSUE 2008) Phase 2 from Holly to Williams Project No. 64951 CIP No. ST 39 — AMENDMENT NO. 2 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the Contract for Professional Services with Freese and Nichols Inc. of Corpus Christi, Texas, in the amount of $71,625 for a total restated fee of $709,457 for Staples Street - Phase 2 from Holly to Williams for right - of-way (ROW) acquisition survey of 19 parcels. (Bond Issue 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. The City Council approved Freese and Nichols Inc.. as the design consultant for this project in June 2009. The proposed Amendment No. 2 is for a right -of -way (ROW) acquisition survey of 19 parcels. FUNDING:, Funding is available from the 2008 Street Bond Issue. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services (361) 826 -3781 petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Location Map N:IHQMEtRachellaMENlStraels16494 8 6495SIep[es (Saratoga to Williams»Amd. No. 21Agenda Memo,doe —105— AGENDA BACKGROUND INFORMATION SUBJECT: Staples Street (BOND ISSUE 2008) Phase 2 from Holly to Williams Project No. 64951 C!P No. ST 39 — AMENDMENT NO. 2 AMENDMENT NO. 2 DESCRIPTION: The consultant, Freese and Nichols, Inc., is requesting an amendment to their design contract in the amount of $71,625 for Phase 2 of the Staples Street improvements project. As part of the design process, the City provided right-of-way (ROW) maps for the consultant's use on this project, in lieu of conducting a ROW re- establishment survey. Based on the ROW information provided by the city, in conjunction with the limited number of ROW pins that were located during the topographic survey, Freese and Nichols, Inc. has identified 19 parcels along the corridor for Phase 2 where additional ROW will be needed. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. H: LHOMetnactiellelGENlStreets16494 & 6495- Staples {Saratoga to Wllliems)Wmd. No. 21Agenda Background.dac —1 0 6— EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Staples Street (BOND ISSUE 2008) Phase 2 from Holly to Williams Project No. 64951 CIP No. ST 39 — AMENDMENT NO. 2 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. June 9, 2009 - Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols Inc. of Corpus Christi, Texas, in the amount of $1,665,349 for design, bid, construction and additional phase services for Staples Street (Bond Issue 2008): (Motion No. 2009 -162) • Staples Street, Phase 1 from Saratoga to Holly • Staples Street, Phase 2 from Holly to Williams 4. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 5. April 27, 2010 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Freese and Nichols Inc. of Corpus Christi, Texas, in the amount of $67,968 for a total restated fee of $1,095,485 for Staples Street - Phase 1 from Saratoga to Holly for right -of -way (ROW) acquisition survey of 19 parcels. (Bond Issue 2008) (Motion No. 2010 -093) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 4. July 1, 2009 — Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $24,000 for Staples Street (Bond Issue 2008): • Staples Street, Phase 1 from Saratoga to Holly ($12,672) • Staples Street, Phase 2 from Holly to Williams ($11,328) H :IHOMEIRachellelGEN%Streels16494 & 6495 - Staples (Saratoga to WitliamspAmdyV .0Fr,arProject ActIons.doc PROJECT BUDGET STAPLES STREET - PHASE 2 FROM HOLLY TO WILLIAMS PROJECT NO. 6495 August 17, 2010 FUNDS AVAILABLE: Street CIP $6,464,000.00 FUNDS REQUIRED: Estimated Construction (Contractor To Be Determined) $4,890,817.00 Contingencies (10 %) $489,082.00 Consultat Fees: Consultant (Freese and Nichols Inc.) $709,457.00 Original Contract (Phase 2): $637,832.00 Amendment No. 2 (Phase 2): $71,625.00 Testing (Rock Engineering & Testing Laboratory - Geotech) $11,328.00 Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) Construction Observation Services Finance Issuance Misc. (Printing, Advertising, etc.) $61,135.00 $73,362.00 $146,725.00 $48,908.00 $24,454.00 TOTAL $6,455,268.00 FUNDS REMAINING $8,732.00 EXHIBIT "C" Page 1 of 1 File : \Mproject ‘councilexh \exh6495. dwg LOCATION MAP NOT TO SCALE FLOUR BLUFF MOT Tiff Staples Street, Phase 2 from Holly to Williams CITY COUNCIL EXHIBIT cm, OF CORPUS CHRISTI, MICAS OF ENGINEERING SS PAGE: 1of1 _ GATT: 013/05/2010 r+++�► —109— 10 CITY COUNCIL AGENDA MEMORANDUM August 17, 2010 AGENDA ITEM: Ordinance abandoning and vacating a 2,246 - square foot portion of a 10 foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18 -19, located just west of the South Staples Street public right -of -way; requiring the owners, A.C. Gilmore Jr., and wife, Clydell H. Gilmore, to comply with the specified conditions; and declaring an emergency. ISSUE: The purpose for the closure of the utility easement is to allow for the future construction and development of a new commercial structure over said easement. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with Ordinance no. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Juan Perales, , P.E., Assistant City anager Engineering & Development Services Email: JohnnyP @cctexas.com Telephone: 361- 826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map L:1PLN- DIRlspecial serv.\willie medinalcity council agenda 2010hesmt- clo\Gardendale Unit 2.M —113— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Bass and Welsh Engineering, on behalf of A.C. Gilmore Jr., and wife, Clydell H. Gilmore ( "Owners "), is requesting the abandonment and vacation of a 2,246- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18 -19, to eliminate a conflict with a proposed building site. The easement to be abandoned and vacated is located in a "B -1" Neighborhood Business District (Lot 18) and "B -1 /SP" Neighborhood Business District/Special Permit (Lot 19). All public and franchised utilities were contacted. AEP has existing electrical facilities and will require that the owner pay for any rerouting or relocating of its electrical facilities and easement dedications, if required. AT &T has no objection to the closure of the easement but will require that the owner bear the financial responsibility for the relocation of all facilities currently in the easement. None of the city departments or other franchised utility companies had any facilities within the utility easement. There were no objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $7,850.00 for the abandonment and vacation of a 2,246- square foot portion of a 10 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. Filing and recording of the utility easement abandonment and vacation is required by Ordinance No. 025816, after Ordinance is approved by City Council. Owner will be responsible for paying all fair market value fees and filing and recording cost. Development Services will be in charge of all payment processing responsibilities. EXHIBIT A FROM: Juan Perales,Jr., Asst. City Manager Engineering and Development Services DATE: July 23, 2010 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: August 17, 2010 ORDINANCE CAPTION: Ordinance abandoning and vacating a 2,246 - square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18 -19, located just west of the South Staples Street public right -of -way; requiring the owners, A.C. Gilmore Jr., and wife, Clydell H. Gilmore, to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 47, Page 206, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) That the Owner pay the fair market value of $7,850.00 for the abandonment and vacation of the total 2,246-square foot portion of the 10 -foot wide utility easement prior to closure going to City Council. DATE: 2) AEP has existing electrical facilities and will require that the owner pay for any rerouting or relocating of its electrical facilities and easement dedications, if required. 3) AT &T has no objection to the closure of the easement, but will require that the owner bear the financial responsibility for the relocation of all facilities currently in the easement. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 5) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. REQI STED BY: (OA& \Z_ Juan Perales(Jr., Asst. City Manager Engineering and Development Services Approved: EXHIBIT B L :1PLN- DIRlspecial•serv.lwillie medinalcity council agenda 20101esmt- ciolGardendale Unit 2.ORD —115— 31 5605 5337 04440. .Q4, 5509 N 5513 5517 Garcfendale Uni 2 Lots 78497 BIa k Basement Closure 22ee sq. ft 5510. 4 5444 5402 537 5501 IOY. 19 50 100 Feet Gardendale Unit 2 Lots 18 -19, Block 5 Easement Closure Easement Closure Date: 0/0312010 file: EleVIDIIAGardendal4tIM LLLvts_i&iB BSoc1t_5.mKd Prepared By: DS City a Corpus Chdali Development Sondem•GIS -116- EXHIBIT C 11 15 ;' ' Paint of Beginning g t 19 4 . � cn ,/�� Uii al 17 BUR-MN "a I 0 .' w - v. \� - ,- •'h. .cit -.. STFip� ; MURRAY BASS, JR. r.° 2128 !� vs% ■ .. S i1 P V ,,� f'�` �f "Q AREA: 2246 Sq Ft 0.052 8. STAPLES L11 Ac. REST 11111111111111 0 I. I I I I FRIAR— WOOD \-- SOUTH STAPLES 1 _� to LOCATION MAP SCALE: 1 " =1000' 22 g N2700'00'E 4 nn' 15 ;' ' Paint of Beginning g t 19 4 . � cn ,/�� Uii N29'0010011E 5.01Y pf 18 N c 0) /IA\ I., E 10.00' ,I 17 20 .cit -.. STFip� ; MURRAY BASS, JR. r.° 2128 !� vs% ■ .. S i1 P V ,,� f'�` �f "Q AREA: 2246 Sq Ft 0.052 8. STAPLES L11 Ac. REST Bass Welsh Engineerin9PROPOSED EASEMENT CLOSURE 3054 So. Alameda St. A.C. GILMORE— APPLICANT Corpus Christi, Tx. 78404 (381)88 (2 -1265 (fax) EXHIBIT C • —IIJ- Jab No 10036 Scale: 1' =50' Date: 6/24/10 Drawing Nor UE— CLOSE2 Platscale: 1 =1 Sheet 1 of 1 .:mss, -'1 0 50 100 Feet Gardendale Unit 2 Lots 18 -19, Block 5 Easement Closure Easement Closure Oats: 8103/2010 Fire: EI4Wtlle%Gardendsle UniL2_Lds 18-19 Black_5.mxd Prepared By: DO City of Carpus Christi Development Servlces•GIS Go nfrs Christ( &y -118- EXHIBIT C Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 2,246- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF GARDENDALE UNIT 2, BLOCK 5, LOTS 18 -19, LOCATED JUST WEST OF THE SOUTH STAPLES STREET PUBLIC RIGHT-OF-WAY; REQUIRING THE OWNER, A. C. GILMORE JR. AND WIFE, CLYDELL H. GILMORE, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, A.C. Gilmore Jr. and wife, Clyde!! H. Gilmore, are requesting the abandonment and vacation of a 2,246- square foot portion of a 10 foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18 -19, which is located just west of the South Staples Street public right -of -way, to allow for the future construction and development of a new commercial structure over said easement. The easement to be abandoned and vacated is located in a "B -1" Neighborhood Business District (Lot 18) and "B-1/SP" Neighborhood Business District/Special Permit (Lot 19); and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 17, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 2,246- square foot portion of a 10 -foot wide utility easement out of Gardendale Unit 2, Block 5, Lots 18 -19, as recorded in Volume 47, Page 206 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owner pay the fair market value of $7,850.00 for the abandonment and vacation of the total 2,246- square foot portion of the 10- foot wide utility easement prior to closure going to City Council. 2) AEP has existing electrical facilities and will require that the owner pay for any rerouting or relocating of its electrical facilities and easement dedications, if required. H:I LEG- IDIRIShared\LEGAL- DEV.SVCSI2010 Agenda \B- 17- 101ORD- abandon- vacateUtilEasement- Gilmore- Gardendale.doc — 1 1 9— Page 2 of 3 3) AT &T has no objection to the closure of the easement, but will require that the owner bear the financial responsibility for the relocation of all facilities currently in the easement. 4) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 5) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to- date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of August, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary APPROVED: , 2010, Lijr.✓.kti1 eborah Walther Br •i'' Assistant City Attorney For City Attorney Mayor, City of Corpus Christi 1-1:I LEG- DIRIShared \LEGAL- DEV.SVCS12010 Agenda18- 17- 101ORD- abandon- vacateUtilEasement- Gilmore- Gardendale.doc —120- 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: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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:I LEG-DIR \SharedILEGAL- DEV.SVGS12010 Agendal8- 17- 101ORD- abandon- vacatetltilEasement- Gilmore- Gardendale.doc —121— 11 CITY COUNCIL AGENDA MEMORANDUM August 17, 2010 AGENDA ITEM: Ordinance abandoning and vacating a 87.90- square foot portion of a 7.5- footwide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, located south of the Oso Parkway public street right-of-way; requiring the owners, Kenneth Todd Olson and Maria Garza Olson, to comply with the specified conditions; and declaring an emergency. ISSUE: The easement closure is needed due to an encroachment into the utility easement by a swimming pool constructed by the Owner over said easement. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with Ordinance no. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. 40, ,4 Juan Perales, 1r., P.E., Assistant City Manager Engineering & Development Services Email: JohnnyP @cctexas.com Telephone: 361 - 826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map L,IPLN- DIR\special serv.lwillle medina\city council agenda 20101esmt clo\Vlrginia HiIIs.M —125— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: Voss Engineering, on behalf of Kenneth Todd Olson and Maria Garza Olson ( "Owners "), is requesting the abandonment and vacation of an 87.90- square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, due to the encroachment into the utility easement by a swimming pool constructed by the Owner within said easement. A building permit for the construction of the pool was issued, but inspections were never scheduled by the Owner. The easement to be abandoned and vacated is located in an "R-1B" One Family Dwelling District. The swimming pool foundation has a maximum 2.2 foot encroachment into the 7.5 -foot wide utility easement. The existing easement width will be reduced to 5.3 -feet in width. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the easement. The Owners must comply with the specified conditions of the Ordinance. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas, within 180 days of Council approval at owners expense. All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any objections regarding the proposed utility easement abandonment. Staff recommends payment of the fair market value of $230.00 for the abandonment and vacation of a 87.90 - square foot portion of a 7.5 -foot wide utility easement. The owner has been advised of and concurs with the conditions of the easement abandonment and vacation. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. Filing and recording of the utility easement abandonment and vacation is required by Ordinance No. 025816, after Ordinance is approved by City Council. Owner will be responsible for paying all fair market value fees and filing and recording cost. Development Services will be in charge of all payment processing responsibilities. EXHIBIT A FROM: Juan Perales,Jr., Asst. City Manager Engineering and Development Services DATE: July 26, 2010 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: August 17, 2010 ORDINANCE CAPTION: Ordinance abandoning and vacating a 67.90- square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, located south of the Oso Parkway public street right-of-way; requiring the owners, Kenneth Todd Olson and Maria Garza Olson, to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 64, Pages 33 -34, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) That the Owner pay the fair market value of $230.00 for the abandonment and vacation of the total 87.90 - square foot portion of the 7.5 -foot wide utility easement prior to closure going to City Council. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment into the utility easement and the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. The Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. 3) Maintain the area between the existing swimming pool structure and the remaining 7.5 -foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities and any future utility installations within the easement. DATE: 4) Owner is required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. 5) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 6) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. REQ. U56TED BY: Wea44, Juan Perales,Jr., /{sst. City Manager Engineering and Development Services Approved: L:1PLN- DIRlspecial -sery lwillie medinatcity council agenda 20101esma- c1o1Virginia HiIIs.ORD --127- EXHIBIT B Proposed Easement Closure Easement Closure Utility Easement Gare: 7f05/2B10 RIP Mai 7. Black 4. VIranOa FAll4 BulreiMlsfee.med Prepared By. Bemis City of Carpus Cieidi PeesPayment Services-GIs -128- 73'41 :rn 211C-111T• 0 25 5Feet Proposed Easement Closure rjr Easement Closure Utility Easement Dale: 7/08/2010 Rio: £:lLol 7. BIocIi 4, Vfl inla Halls Subcrivislan J od Prepared By Darnels B Cly of Carpus Christi Development SeMces -GIS 'LOCATION MAP, -129- EXHIBIT C EASEMENT CLOSURE LOT 11 LOT 10 TON property Iles within Zane A- 13(10), according to FIRM Be which Is within are IN year Flood Plain. NOT VALID 'WITHOUT ORIGINAL SIGNATURE AND ORIGINAL SEAL. = 175.00'; LA = 118.22] 9 VIRGINIA HILLS DRIVE (30' R.O.W.) EXHIBIT C Registered Professional Land Surveyor Slate ofTene No. 2283 DATE: 08 /09 /10 REVISION: CREW: RS & DL OFFICE: RV & DB GF#: 101091 JOB #: 10 -4239 87.90 S.F. of 7.5 Utility Easement of Lot 7, Block 4, Virginia Hills Subdivision Volume 64, Pages 33 -34 (M.R.N.C.T.) Corpus Christi, Nueces County, Texas KEY: WOOD FENCE [RECORDED] WIRE FENCE (MEASURED) VINYL FENCE MOW ENGOG7EEG30G7G, ENGREERON iLANDWURNIBIONGI MU GREENWOOD DMA CORM MR= FEti4M 7$445 .e56. 3811.8 411.411118 Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 87.90- SQUARE FOOT PORTION OF A 7.5 -FOOT WIDE UTILITY EASEMENT OUT OF THE VIRGINIA HILLS SUBDIVISION, BLOCK 4, LOT 7, LOCATED SOUTH OF THE OSO PARKWAY PUBLIC STREET RIGHT -OF -WAY; REQUIRING THE OWNERS, KENNETH TODD OLSON AND MARIA GARZA OLSON, TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, Kenneth Todd Olson and Maria Garza Olson are requesting the abandonment and vacation of a 87.90- square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, which is located south of the Oso Parkway public street right -of -way due to the encroachment of the utility easement by a swimming pool that the Owner constructed within said easement. The easement to be abandoned and vacated is located in a "R -1 B" One- family Dwelling District; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, August 17, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the utility easement, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 87.90- square foot portion of a 7.5 -foot wide utility easement out of the Virginia Hills Subdivision, Block 4, Lot 7, as recorded in Volume 64, Page 33 -34 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owner's compliance with the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above utility easement is conditioned upon Owner's compliance with the following: 1) That the Owner pay the fair market value of $230.00 for the abandonment and vacation of the total 87.90- square foot portion of the 7.5 foot wide utility easement prior to closure going to City Council. 2) A Hold Harmless Agreement and Covenant is required by the City due to the encroachment into the utility easement and the future maintenance of any existing public utilities in the easement, and any future public utility installations within the easement. The Owner must comply with all of the conditions as set forth in the Hold Harmless Agreement and Covenant. The Hold Harmless H:1 LEG- DIRIShared \LEGAL- DEV.SVCS12010 Agenda\8- 17- 101ORD- abandon- vacateUtilEasement- Olson- VirginiaHilis.doc —131— Page 2 of 3 Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas. 3) Maintain the area between the existing swimming pool structure and the remaining 7.5 -foot utility easement free of any permanent structures that could prohibit access and maneuverability over the easement area to maintain, repair, or replace any existing public utilities and any future utility installations within the easement. 4) Owner is required to allow access to the existing public utilities within the utility easement at all times without cost to the City or any of the public utility companies for restoration of any surface improvements and landscaping. 5) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 6) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED: 8 1/ 2010. orah Walther Brown sistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi H:1LEG- DIRIShared \LEGAL- DEV.SVCS12D10 Agenda18 -17 -101 l Q2bandon- vacateEJtilEasement -olson VirginiaHilis.doc 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: IIwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. - Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: ILEG- DIR \SharedILEGAL- DEV.SVCS12010 Agendal8 -17- 101051, bandon- vacateUtilEasement- Olson- Virginialills.dac 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 20, 2010 AGENDA ITEM: Ordinance renaming the park located at 1516 Seventh Street, from Oceanview Park to Catalina Martinez Park. ISSUE: The City has established a formal policy for facilities. The City, through the Parks and Recreation Department, received a renaming request from Arturo P. Martinez to rename Oceanview Park to Catalina Martinez Park. BOARD/COMMITTEE REVIEW: The Parks and Recreation Advisory Committee (PRAC) received Arturo P. Martinez's request at their March 10, 2010 meeting, and requested staff begin the 60 day process of due diligence research and public notification. A copy of the Due Diligence Report is included. During the regular PRAC meeting on May 12, 2010, PRAC unanimously voted to recommend Council approve the request to rename Oceanview to Catalina Martinez Park. REQUIRED COUNCIL ACTION: The City Council must approve the naming of all City facilities, parks, and recreation facilities. That process is finalized by the adoption of an ordinance. CONCLUSION AND RECOMMENDATION: It is recommended that the renaming of Oceanview Park to Catalina Martinez Park be approved. Miclbael Morris, Director Parks and Recreation Department 361- 826 -3464 MichaelMoe_cctexas.com Attachments: Background information Renaming Request Due Diligence Report Time line Report Power Point Presentation BACKGROUND INFORMATION Oceanview Park is a 1.07 acre neighborhood park located at 1516 Seventh Street. The park was originally named the same as the sub- division. Similar ordinances have been requested, supported by staff, recommended by the Parks and Recreation Advisory Committee (PRAC), and approved by the City Council. As per Part II Council Policies, Code of Ordinances: "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 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 committee for a minimum of 60 days after receipt of the proposal. (3) During the 60 -day waiting period, legal notice shall be published twice in a newspaper of general 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 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 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 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 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. (Res. No. 21901, § 1, 3 -22 -1994; Res. No. 028430, § 1, 12 -8- 2009)" —138 -- r�± Sri t rgatr�i tior� nrith A ¢t t this :rec Legatl Note ea-- N wspap€er Not�C@ to Appropriate CounCiimember Put�li Nbfic Neighborfhood AAttaohrdent to the forth: Request for the Nanung or•: Renaming of Parks and Facilities Submitted NoverrmberZ3, 2009 regarding "Catalina :Martinez Park ", page 1 of 2... e registering voters, at she noticed many :cl ew toys or books at home. She organized veil City and Parks staff, identified an appropriate tlications and presentations to obtain CIBG fi ie cost of addrtiv Mrs, Martinez. similarly pursued th i uild g of a Head Start, a project she was told would tie lift colt to acoomplish She was a :problem solver who was astute, always • beginning with research n d questions, an, d then `stead1ty overcoming obstacles, am gathering the support and resources required. She was known for her tntefligeilee, integr ty, diplomatic man her, and tenacity. Mrs Martinez earned a degree from Del Mar College, The orrnation offered in response to this renaming form: has been limited to her .involvement with'the pack, however, she had other Accomplishments as well. Her successful efforts and impact in these and other areas were noted and supported by officials such as 'Congressman Henry B Gonzales (former Chairman of the House banking Committee) and reported on by. Ideal radio and TV news outlets, the Caller Times, as well .a HUD publication and the. McNeil Leher national public television news program you for your consideration of this request. —140- -142_ Due Diligence Report Renaming Oceanview Park to Catalina Martinez Park Staff, Due Diligence Report May 12, 2010 On February 19, 2010, City of Corpus Christi, Parks & Recreation Interim Director, Stacie Talbert received a request from Arturo P. Martinez to rename Oceanview Park to Catalina Martinez Park. The Parks & Recreation Advisory Committee received the request at their March 10, 2010 regular meeting. The committee requested staff complete their due diligence report for the May 12, 2010 meeting. Staff research noted the park property had previously been named for the neighborhood subdivision. Additional information showed there is no view of the water from the park. Public notification signs were posted at the park property by April 8, 2010. Notification fliers were mailed to 67 property owners within a two hundred foot radius of the park on March 31, 2010. None were returned as undeliverable. 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 on May 12, 2010. Final Public Notice was published in the Caller Times on Sundays, April 25 and May 2 "d, 2010. To date, there have been three citizens who do not support the park name change. The record of these telephone conversations is attached. Additionally, the department has collected seven (7) letters and phone messages, with a petition of twenty -seven (27) signatures, totaling thirty -four (34) notifications supporting the requested park name change. Staff Recommendation: Staff supports the request of Arturo P. Martinez to rename Oceanview Park to Catalina Martinez Park. If Council supports this recommendation, Mr. Martinez will be notified of the park sign replacement fee. Stacie Talbert, Interim Director Parks and Recreation (361) 826 -3464 Page 1, Notifications: - Park signs posted by April 8, 2010 Neighborhood Pliers Mailed March 31, 2010 The City Corpus Christi, Parks & Recreation Department has received a request to rename Oceanview Park, at 1516 lth St., 78404, to Catalina Martinez Park. This item will be discussed at the Parks & Recreation Advisory Committee meeting May 12, 2010, 5 :00 pm, City Hall, 1201 Leopard Street, Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks & Recreation at 826 -3463 with your comment or question. Page 2, Notifications: Caller Times Newspaper Publication April 25, 2010 and May 2, 2010 Public Notice: 1CCdII\ 1,2\\ Be ye notified in compliance with the City Charter, the Corpus Christi Parks & Recreation Department is considering renaming Oceanview Park, at 1516 7th SL, 78404 to Catalina Martinez Park. This item will be discussed at the Parks & Recreation Advisory Committee meeting, May 12, 2010, 5pm, City Hall Sixth Floor Conference Room. You are invited to attend the meeting, or contact Parks & Rac at 826 -3463 with your comment or question. -145- Oceanview Park to GATALINA MARTINEZ PARK Request Timeline November 23, 2009 Interim Director received request form to name Oceanview Park for Catalina Martinez. Then was requested by family to hold the request until notified. February 19, 2010 Interim Director received husband, Arturo P. Martinez consent letter dated November 23, 2009 to complete request to name Oceanview Park for Catalina Martinez March 10, 2010 PRAC regular meeting, received Arturo P. Martinez request to name Oceanview Park for Catalina Martinez PRAC asked staff to solicit public input April 8, 2010 Public notification signs posted at park (PRAC Procedure) March 31, 2010 Notification fliers sent to 67 property owners adjacent to park; 0 retumed. (PRAC Procedure) Public Notification in Caller Times, April 25th & May 2nd (City Ordinance) r May 12, 2010 PRAC regular meeting. > Staff report supports request to rename Oceanview Park for Catalina Martinez > PRAC voted to recommend Catalina Martinez name to City Council. City Ordinance az no less than 60 days. 63 process days used. Proposed Renaming of Oceanview Park to Catalina Martinez Park CORPUS CHRISTI PARKSa RECREA1-10IV City Council Meeting July 20, 2010 Basketball court Covered picnic area Swing Benches —147— 1 Timeline Summary » February 19, 2010 . Department Received Request from husband, Arturo P. Martinez to rename Oceanview Park, the Catalina Martinez Park • March 10, 2010 PRAC Meeting • PRAC requested Staff provide report for May meeting • Public Notification • April 8th: park signs posted • March 31st: 67 neighborhood flyers mailed — none retumed . Caller Times notifications: April 25th and May 2nd • Input received . Thirty -seven responses were received; 34 in favor, 3 opposed • May 12, 2010 PRAC Meeting • Family and friends spoke in favor • Members voted to support request & recommend to Council CORPUS CHRISTI PARKS& werhesnoni Information on Catalina Martinez (1923 — 2000) information provided D the Family of Catalina Martinez • Lived in the neighborhood forty years • Responsible for initiating and bringing the Head Start. Program to 7th Street; Miramar Head Start Center opened Feb. 23, 1990 • Identified lot for park and got land donated • Over several years got CDBG funding for more park land and amenities • Founding member of Spohn Residents Association • First Mexican American to Chair their precinct for nineteen years —148— 2 Catalina Martinez was often seen in the Caller Times promoting neighborhood efforts. -149- 3 Rage 1 of 2 ORDINANCE RENAMING THE PARK LOCATED AT 1516 SEVENTH STREET, FROM OCEANVIEW PARK TO CATALINA MARTINEZ PARK. WHEREAS, there is an approximately 0.61 acre park area located at 1516 Seventh Street; WHEREAS, on November 23, 2009, the City received a request from Arturo P. Martinez to rename this park, Catalina Martinez Park; WHEREAS, the Parks & Recreation Advisory Committee ('PRAC ") considered this request at their March 10, 2010 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 park on April 8, 2010 with legal notice about the proposed name change posted in the Corpus Christi Caller Times on April 25, 2010 and May 2, 2010; WHEREAS, the PRAC considered and by unanimous vote, recommended the Oceanview Park name change to City Council at their May 12, 2010 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The name of the park located at 1516 Seventh Street, is hereby renamed from Oceanview Park to Catalina Martinez Park. P.age 2 of 2 That the foregoing ordinance was read for t firs time and passed to its second , 2010, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott reading on this the day of Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. 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: 141, 201 By: Lisa Aguilar Assistant City Attorney 13 NO ATTACHMENT FOR THIS ITEM 14 NO ATTACHMENT FOR THIS ITEM 15 NO ATTACHMENT FOR THIS ITEM 16 NO ATTACHMENT FOR THIS ITEM 17 NO ATTACHMENT FOR THIS ITEM 18 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: August 17, 2010) Case No. 0610 -03: August 4, 2010 Jack R Baker: The applicant is requesting a change in zoning from the "AB" Professional Office District to the "B -1" Neighborhood Business District resulting in a change of land use from professional office to neighborhood business The property to be rezoned is located in Northwest Estates, Block 11, Lot 4, at 4030 River Hill Drive PLANNING COMMISSION AND STAFF RECOMMENDATION (June 23, 2010): Planning Commission and Staff recommended denial of applicant's request to rezone the subject property to the "B -1" Neighborhood Business District and in lieu thereof, approval of a rezoning to "AB /SP" Professional Office with a Special Permit. The Special Permit would allow for the operation of a restaurant and would be subject to the following six (7) conditions: 1. Uses: All uses allowed in the "AB" Professional Office District plus the operations of a restaurant. 2. Directional Lighting: All overhead lighting shall be shielded and directed away from adjacent residential properties. 3. Dumpster: The dumpster shall be located 10 feet from the intersection of the southern and eastern property lines and must be screened by a standard solid screening fence with gate. 4. Driveway: Only one driveway will be allowed from River Hill Drive and must be placed no closer than 100 ft from the southern property line. No driveway access is allowed to River Wood Drive. 5. Landscaping: Three (3) gallon shrubs shall be placed along River Hill Drive at thirty (30) inch on center within edged and mulched beds along vehicular use areas. Three (3) inch caliper live oaks shall be placed along River Hill Drive at thirty (30) feet on center along vehicular use areas. All requirements of Article 27B of the Zoning Ordinance Landscaping section must be met. All landscaping shall not be place within a Utility Easement. 6. Screening: Eastern property line shared with "R-18" One- family dwelling district must be screened with a standard screening fence. 7. Time Limit: Such Special Permit shall be deemed to have expired within 24 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. —175— Agenda Memo Case No. 0610 -03 Jack R Baker Page 2 STAFF SUMMARY: Request: The applicant is requesting a change in zoning to the "B -1" Neighborhood Business District for the establishment of a restaurant within close proximity to River Hill Drive and Wood River residential subdivision. Existing Land Uses: The subject property is currently vacant. Low density residential uses are located to the north and west and commercial uses are to the south and east. Existing Zoning: The subject property is zoned "AB" Professional Office District. The "AB" Professional Office District allows for residential uses, churches, public and non - profit private schools, clinics /hospitals, institutions (religious, non - profit, philanthropic), assisted living facilities, and professional offices. 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. Requested Zoning: The subject property is zoned "B -1" Neighborhood Business District. The "8 -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. /bdi Juan Perales, Jr , P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnypta,cctexas.com Phone: 361- 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) —176— CITY COUNCIL ZONING REPORT Case No.: 0610 -03 Planning Commission Hearing Date: June 23, 2010 Applicant & Legal Description Applicant: Jack R. Baker Owner: Athena Ltd. Representative: Same as applicant Address: 4030 River Hill Drive Legal DescriptionlLocation: Northwest Estates, Block 11, Lot 4, approximately 575 feet northeast of the intersection of River Hill Dr. and Northwest Blvd., located at 4030 River Hill Dr. Zoning Request From: "AB" Professional Office District To: "B -1" Neighborhood Business District Area: 1.88 Acres Purpose of Request: The applicant is requesting a change in zoning to the "B -1" Neighborhood Business District for the establishment of a restaurant. Zoning Existing Land Use Future Land Use Site "AB" Professional Office District Vacant Professional Office North "R -1B" One- family Dwelling District Low Density Residential Low Density Residential South "B -4" General Business District Commercial/Vacant Commercial East "R -1B" One - family Dwelling District & "B -4" General Business District Commercial Commercial West "R-1B" One - family Dwelling District Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: This tract of land is located in the Northwest Area Development Plan and is planned for professional office uses. The proposed change in zoning is not consistent with the adopted Future Land Use Plan which designates the area for professional office uses. Map No.: 068,051 Zoning Violations: None —177— Zoning Report Case #:0610 -03, Jack R. Baker Page 2 Staff's Summary: • Request: The applicant is requesting a change in zoning to the "B -1" Neighborhood Business District for the establishment of a restaurant within close proximity to River Hill Drive and Wood River residential subdivision. • Existing Land Uses: The subject property is currently vacant. Low density residential uses are located to the north and west and commercial uses are to the south and east. • Existing Zoning: The subject property is zoned "AB" Professional Office District. The "AB" Professional Office District allows for residential uses, churches, public and non- profit private schools, clinics/hospitals, institutions (religious, non- profit, philanthropic), assisted living facilities, and professional offices. 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. • Requested 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 Iines, as well as, 10 foot side and rear yard setbacks when adjacent to a residential district. • Transportation and Circulation: The subject property has access to River Hill Drive. The Urban Transportation Plans proposes River Hill Drive to be a Cl Minor Residential Collector. Currently, River Hill Drive two -lane residential street. Street R.O.W. Street Existing ROW Planned ROW Urban Transportation Designation Traffic Volume 2008 River Hill Drive 60'/ 40' paved, 2 -Lanes No Change Proposed Cl Minor Residential Collector N/A • Infrastructure Demand: o Water: A 6 -inch water line runs along River Hill Drive. o Wastewater: An 8 -inch wastewater line runs along the southern property line. o Stormwater: A 12 -inch stormwater line intersects the southern property line. • PubIic Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District A40. Crime statistics up to 2005 show a increase from 401 crimes committed in 1993 to 511 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number 14, located at 13421 Up River Road, approximately 1.4 miles from the subject property. —178— Zoning Report Case #:0610-03, Jack R. Baker Page 3 • Environmental Constraints: o 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 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 27 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for professional office use; therefore, the proposed "B -1" Neighborhood Business 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: g. COMMERCIAL SERVICE AREAS DESIGNED TO SERVE LOCAL NEIGHBORHOODS SHOULD BE CONVENIENTLY LOCATED AND IN HARMONY WITH THE SURROUNDING NEIGHBORHOOD. Uses such as convenience stores, professional offices, and other services that serve surrounding residential areas should be located at sites that promote and encourage pedestrian traffic while they maintain good vehicular access. Because of the proximity of these businesses to residential neighborhoods, parking, signs, lighting fixtures, and landscaping must be designed harmoniously with nearby residential areas. Staff Comment: The property is within proximity to residential neighborhoods and allows for pedestrian traffic and vehicular access. a NORTHWEST AREA DEVELOPMENT PLAN d) Commercial development of a small scale for convenience shopping needs is necessary and desirable to serve the outlying portions of the Plan area. The most appropriate locations for these types of uses are at arterial/arterial intersections. Strip commercial development is discouraged from occurring along -179-- Zoning Report Case #:0610 -03, Jack R. Baker Page 4 arterial roadways. Nodal commercial development is encouraged whereby commercial uses are concentrated at the major intersections of arterials as indicated on the Future Land Use Plan. As more public services become available (water and wastewater, etc.) and as the area develops, larger scale commercial uses may be necessary. e) The expansion of business uses along Northwest Boulevard (F.M. 624) or any other arterial street should be planned and zoned so that the traffic carrying capacity of the street is protected. Staff Comment: The property is of small scale for a restaurant use and near the intersection of River Hill Drive and Northwest Boulevard (FM 624). River Hill Drive is proposed to be promoted in street designation categories for increased traffic. Plat Status: The subject property is platted. Plannin! Commission and Staff Recommendation: Denial of applicant's request to rezone the subject property to the "B -1" Neighborhood Business District in lieu thereof approval of a rezoning to "AB /SP" Professional Office with a Special Permit. The special permit would allow for the operation of a restaurant and would be subject to the following six (7) conditions: 1. Uses: All uses allowed in the "AB" Professional Office District plus the operations of a restaurant. 2. Directional Lighting: All overhead lighting shall be shielded and directed away from adjacent residential properties. 3. Dumpster: The dumpster shall be located 10 feet from the intersection of the southern and eastern property lines and must be screened by a standard solid screening fence with gate. 4. Driveway: Only one driveway will be allowed from River Hill Drive and must be placed no closer than 100 ft from the southern property line. No driveway access is allowed to River Wood Drive. S. Landscaping: Three (3) gallon shrubs shall be placed along River Hill Drive at thirty (30) inch on center within edged and mulched beds along vehicular use areas. Three (3) inch caliper live oaks shall be placed along River Hill Drive at thirty (30) feet on center along vehicular use areas. All requirements of Article 27B of the Zoning Ordinance Landscaping section must be met. All landscaping shall not be place within a Utility Easement. 6. Screening: Eastern property line shared with "R -1B" One - family dwelling district must be screened with a standard screening fence. -180- Zoning Report Case #:0610 -03, Jack R. Baker Page 5 7. Time Limit: Such Special Permit shall be deemed to have expired within 24 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Number of Notices Mailed Total — 21 within 200 foot notification area; 2 outside notification area As of August 4, 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 —181— 5. Existing Zoning, Notice area, Ownership 6. Comments from Public Notices 7. Notice Mailing List 8. Smart Growth Principles 9. Site Plan At! kt! , . !..t... V .1.. �k.:2 12 t►Es : • •, R skit .0 It %AIif1> tx A: CA E . 0 :61.f. f:3. '4: ITE - EXISTING ZONING,• /pi _,4fRYne"n[rliae. INFO. rt • untkl rrlaito111#1 ILIA' JlrrjnPnl Haar e1sFt1.• F7 '' I1♦h1 F1 Nu lhkk1 :J1:2' IIj•FrlknFHrs2 iirkidt• F3 Ile rtilaktllr Witlel•. hg. -Prresili SITIO : rd, P1111,.. Pl }r;i 1411.1 lerel•Iner.1 AT I -i..P 111kFl a_, irt- UL'ee.l. riI III I 1d 11 ... eeldl*.1' ■l ne¢es et ;kc7. R -Y Er. ore F.n1V9lllk Ali kId .e;IA' rn Ieli.11.r eymies.uskkI. k :1e . ere �.m1c8*1ry a lsiid :e2 elirtl+l'elalrrH plseKr. R-S. •ilI*Ie.elll■11 dls ild: :ii-Ni. '9.rer hlr. eFalresi itsktr• RAL Cie:lanpd i iri. i. -Iid H-j; 'PlaressNista. . RE %.:Re;Menhrte3ilk'e.NE{.. eq. 7ere1-elafess74*. n-pi •ii elFrrre owliii+01.4 lad B— Flirmri.AWres Pliktl. HP' iiIetlM Perrrrlf, B. •Pd.,. j llVilremk.e.2 lAi Fld. T-IA 114.1lLI 'Be t.IrieprB1 gear des 9,n mitt T1p.. r.0 .,rl, H. ikk.eJSild .f =x• ftllii61llsefs,Ftl. T :1 rrev i.re!.1111u.lyllyis 1 :Hp. NIS'ktrlts ∎kir•I..rmR� ...:'Raid . . - . presintiOrr.: . c .: - t1%/1d99'bmr 011 0kar: COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0610 -03 Name: Jack R. Baker 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: 21 0 Favor:. 0 Opposition: 0 IL Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 2 Returned undeliverable: 0 Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. 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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 am 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:0610 -03 From: "AB" Professional Office District To "B -I" Neighborhood Business District Will the request promote development that fosters the following? Answer Pts. Weight Score 1. Mix Iand uses. 3 Project provides a new type of development to an existing neighborhood such as 3 uses added 3 employment, housing, retail, civic, educational, cultural, recreation, neighborhood- 2 uses added 2 serving retail/service? 1 use added 1 x 3 3 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of compact building design. 0 Utilizes reduced setbacks and/or compact development that supports more stores YeS 1 and restaurants within a neighborhood boundary, or creates opportunities to pursue 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 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 other services that promotes walkable communities and reduces long- distance Yes 1 0 x 3 commutes? No 0 WilI 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 x 2 0 5. Fosters distinctive, attractive communities with a strong sense of place. 0 The building is an existing building that is historic in any way, or provides focus on Yes 1 a historical, cultural, or natural attributes? No 0 x 2 0 Utilizes established standards for building size, density, and architectural standards and locates development in areas that reflect the "vision" of the Area Development Yes 1 x 2 Plan, the Future Land Use Map, and/or Comprehensive Plan? No 0 0 Promotes shopping and makes retail centers distinctive and attractive destinations and gathering places where residents frequent on the weekends? Yes No 1 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 3 No 0 x 0 —195— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. 0 Preserves critical areas for water- quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes land management techniques, to decrease the amount of pollution entering Yes No 1 0 x 4 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a minimum) to replace trees being removed? Yes No 1 0 x 3 0 Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 15 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than I/a mile 2 x 4 '/a to Y2 mile 1 %y + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? x 3 No 0 3 Is the project a redevelopment of an existing building or Brownfield area that would Yes 1 make the property a productive piece of land? x 3 No 0 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or Yes 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with Yes 1 x 2 historically declining school enrollment? No 0 0 8. Provides a variety of transportation choices. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 3 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x 3 3 9. Makes development decisions predictable, fair and cost effective. 3 Yes 1 The project is consistent with the Future Land Use Map and Comprehensive Plan? No 0 x 2 0 The project is consistent with the Area Development Plan? Yes 1 No 0 x 2 0 Is the proposed project located along transportation corridors where traffic is funneled to right -of -ways capable of handling the increased traffic without Yes 1 x 3 3 significantly decreasing the transportation levels of service for surrounding areas? No 0 Will the project design incorporate systems for reducing storm water runoff or Yes 1 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 No 1 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 27 n 0 -20 pts = * ® 21 -39 pts.= * * n 40 -59 pts = ❑ 60 -79 pts = * * * * ❑ 80 -100 pts = ***** -196- -197- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall June 23, 2010 5:30 P.M. COMMISSIONERS: STAFF: Rudy Garza, Chairman Johnny Perales, P.E., Assistant City Manager, Javier Huerta, Engineering and Development Services Vice - Chairman *Arrived 5:45 p.m. Faryce Goode Macon, Assistant Director of James Skrobarczyk Development Services/PIanning John C. Tamez Andrew Dimas, City Planner Johnny R. Martinez Robert Payne, AICP, Senior City Planner Evon J. Kelly Absent Deborah Brown, Assistant City Attorney Govind Nadkarni *Arrived 5:48 p.m. Elena Juarez Buentello, Recording Secretary Mark Adame Absent John Taylor 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 by Chairman Garza at 5:31 p.m. B. ZONING 1. New Zoning a. Case Na. 0610 -03 Jack R Baker: A change of zoning from the "AB" Professional Office District to the "B -1" Neighborhood Business District resulting in a change of land use from professional office to neighborhood business The property to be rezoned is Northwest Estates, Block 11, Lot 4, approximately 575 feet northeast of the intersection of River Hill Dr. and Northwest Blvd., Located at 4030 River Hill Dr. Mr. Dimas presented the New Zoning item "a ", Case No. 06I0 -03, stating the applicant is requesting a change of zoning from the "AB" Professional Office District to the "B -1" Neighborhood Business District to allow for the construction of a restaurant. Mr. Dimas stated the "AB" Professional Office District provides for residential uses, public uses, assisted living facilities, clinic/hospitals, and institutional uses while the "B -1" Neighborhood Business District provides for uses of the "AB" Professional Office District as well as retail and personal services. Mr. Dimas stated staff recommends denial of applicant's request to rezone the subject property to the "B -1" Neighborhood Business District in lieu thereof approval of a rezoning to "AB /SP" Professional Office with a Special Permit. The special permit would allow for the operation of a restaurant and would be subject to the following seven (7) conditions: 1. Uses: All uses allowed in the "AB" Professional Office District plus the operations of a restaurant. —198— Planning Commission Minutes June 23, 2010 Page 2 2. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 3. Dumpster: The dumpster shall be located at 10 feet away from the intersection of the southern and eastern property lines and must be screened by a standard screening fence with gate. 4. Driveway: Only one driveway will be allowed from River Hill Drive and must be placed no more than 100 ft from the southern property line. No driveway access is allowed to River Wood Drive. 5. Landscaping: Three (3) gallon shrubs shall be placed along River Hill Drive and River Wood Drive at thirty (30) inch centers within edged and mulched beds. Three (3) inch caliper live oaks shall be placed along River Hill Drive and River Wood Drive at thirty (30) feet on center. All requirements of Article 27B of the Zoning Ordinance must be met including all vehicular use areas must be screened. AlI landscaping cannot be place within a Utility Easement. 6. Screening: Eastern property line shared with "RIB" One - family dwelling district must be screened with a standard screening fence. 7. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Public hearing was opened. Jack Baker, applicant came forward and stated his only issue with staff's recommendation was the landscaping. Mr. Baker would prefer to not landscape the vacant portion of the property as the vacant portion is used for little league baseball practice. Additionally, Mr. Baker stated he would like the time limit to be extended to 24 months. Public hearing was closed. Vice -Chair Huerta suggested a change in staff's recommendation, specifically condition #5, and instead to require landscaping on vehicular use areas only. Chairman Garza commended the applicant for having community support and for allowing the vacant portion of the property to be used for youth sports. Motion to approve staffs recommendation with a change in landscaping requirement limited to vehicular use areas and time Iimit of 24 months was made by Commissioner Nadkarni and seconded by Vice -Chair Huerta. Motion passed unanimously with Commissioners Kelly & Adame being absent. -199- Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JACK R. BAKER, BY CHANGING THE ZONING MAP IN REFERENCE TO NORTHWEST ESTATES, BLOCK 11, LOT 4, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "AB/SP" PROFESSIONAL OFFICE DISTRICT WITH A SPECIAL PERMIT TO ALLOW THE OPERATION OF A RESTAURANT, SUBJECT TO A SITE PLAN AND SEVEN (7) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jack R. Baker 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, June 23, 2010, during a meeting of the Planning Commission, and on Tuesday, August 17, 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 Northwest Estates Block 11, Lot 4, located at 4030 River Hill Drive, from "AB" Professional Office District to "AB/SP'' Neighborhood Business District with a Special Permit to allow the operation of a restaurant, subject to a site plan, attached, and seven (7) conditions. (Zoning Map 068051) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1. Uses: All uses allowed in the "AB" Professional Office District plus the operation of a restaurant. 2. Directional Light: All overhead lighting shall be shielded and directed away from adjacent residential properties. H:1 LEG- DIRIShared \LEGAAL- DEV.SVCS12010 Agenda \8- 17- 101CASE NO. 0610 -03 JACK R BAKER10610- 03.Jack.Baker.AB -AB W- Special Perrnit.Doc —200— Page 2 of 4 3. Dumpster: The dumpster shall be located at 10 feet away from the intersection of the southern and eastern property lines and must be screened by a standard screening fence with gate. 4. Driveway: Only one driveway will be allowed from River Hill Drive and must be placed no closer than 100 ft from the southern property line. No driveway access is allowed to River Wood Drive. 5. Landscaping: Three (3) gallon shrubs shall be placed along River Hill Drive at thirty (30) inch an center within edged and mulched beds along vehicular use areas. Three (3) inch caliper live oaks shall be placed along River Hill Drive at thirty (30) feet on center along vehicular use areas. All requirements of Article 27B of the Zoning Ordinance Landscaping section must be met. All landscaping shall not be placed within a utility Easement. 6. Screening: Eastern property line shared with "R-1B" One - family Dwelling District must be screened with a standard screening fence. 7. Time Limit: Such Special Permit shall be deemed to have expired within 24 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:1 LEG- DIR \SharedlLEGAL- DEV.SVCS12010 Agenda18- 17- 101CASE NO, 0610 -03 JACK R BAKER10610-03.Jack.Baker.AB-AB-W- Special Permit.Doc —201— Page 3 of 4 SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: - CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: 6)//( , 2010 4v4A borah Walther Br Assistant City Attorney For City Attorney H: 1LEG- DIRIShared\LEGAL- DEV.SVCS12010 Agendal6- 17- 101CASE NO. 0610 -03 JACK R BAKER10610-03.Jadc.Baker.AB-AB-W- Special Permit. Doc — 2 0 2 — Page 4 of 4 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H:ILEG- DIR\Shared \LEGAL- DEV.SVC512010 Agendal8- 17- 101CASE NO. 0610-03 JACK R BAKER10610-03.Jack.Baker.AB-AB-W- Special Permit.Doc —203— 26 23 OW -et CIECE'ES R IR RIG 'f►[ ANNEX A. B E EVE CV CASE: 061.0 -03 EXHIBIT A PLANNING COMMISSION & STAFF RECOMMENDATION ORDINANCE NO. 'LOCATION .NfAPI SLOVECT PERWY 19 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: August 17, 2010) Case No. 0610 -04: August 4, 2010 Extreme Homes of Texas. LLC: The applicant is requesting a change in zoning from the "R-1B" One - family Dwelling District to the "R-1C" One - family Dwelling District not resulting in a change of land use The property to be rezoned is 3.49 acres out of McKinzie Partition Tract 1 -C, located at Shallow Creek Drive PLANNING COMMISSION AND STAFF RECOMMENDATION (June 23, 2010): Planning Commission and Staff recommended approval of the Applicant's request for a change in zoning to the "R -1 C" One - family Dwelling District to develop single- family residential housing on smaller lots. REQUIRED COUNCIL ACTION: Approval of Planning Commission and Staffs Recommendation. STAFF SUMMARY: Request: The applicant is requesting a change of zoning on 3.49 acres from the "R-1B" One - Family Dwelling District to the "R-1C" One - Family Dwelling District. The proposed subdivision will have lots averaging over 5,000 square feet which meet the minimum for the "R-1C" zoning district of 4,500 square feet, but not the current "R-1B" zoning district which requires a minimum lot size of 6,000 square feet. Existing Land Uses: The subject property is currently vacant. To the north are single family dwellings, to the south is vacant. To the west are single family dwellings and vacant property. To the east is Tuloso Midway Primary School. Existing Zoning: The subject property is zoned as an "R-1B" One - Family Dwelling District. The "R-1B" District allows for single - family residential, churches, parish halls, public and non - profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. it does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R-1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories with a minimum lot width of fifty (50) feet. —207— Agenda Memo Case No. 0610 -04 Extreme Homes of Texas, LLC Page 2 Requested Zoning: The applicant is requesting a change in zoning to the "R -1C" One - Family Dwelling District. The purpose of the "R -1C" One - Family Dwelling District allows for single - family residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Residential density is a maximum of 9.68 units per acre. The "R -1C" One - family Dwelling District requires a minimum lot area of 4,500 square feet, with a 20 -foot front yard setback and 5 -foot side and rear yard setbacks with a minimum lot width of forty -five (45) feet. Juan Perales, J ., P.E. Assistant City anager, Departments of Engineering and Development Services Email: johnnypta'7.cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) -208- CITY COUNCIL ZONING REPORT Case No.: 0610 -04 Planning Commission Hearing Date: June 23, 2010 Applicant & Legal Description Applicant: Extreme Homes of Texas, LLC Owner: Extreme Homes of Texas, LLC Representative: Robert Viera Address: Intersection of Creek View Drive and Shallow Creek Drive Legal Description/Location: 3.49 acres out of McKinzie Partition Tract 1 -C, approximately located at the intersection of Creek View Drive and Shallow Creek Drive Zoning Request From: "R -1B" One - family Dwelling District To: "R -1C" One - family Dwelling District Area: 3.49 acres Purpose of Request: The proposed subdivision will have lots averaging approximately 5,000 square feet which meet the minimum for the "R-1C" zoning district, but not the current "R -1B" zoning district which requires a minimum lot size of 6,000 square feet. Zoning Existing Land Use Future Land Use Site "R -1B" One - family Dwelling District Vacant Low Density Residential North "R-1B" One - family Dwelling District Low Density Residential Low Density Residential South "R-1B" One - family Dwelling District Vacant Low Density Residential East "R -1B" One - family Dwelling District Public /Semi- Public/Elementary School Public /Semi - Public/Elementary School Low Density Residential West "RIB" One - family Dwelling District Vacant/Low Density Residential ADP, Map & Violations Area Development Plan: This tract of land is guided under the auspice of the Northwest Area Development Plan. The proposed change in zoning is consistent with the adopted Future Land Use Plan which designates the area for low density residential uses. Map No.: 06049 Zoning Violations: None Staff's Summary: • Request: The applicant is requesting a change of zoning on 3.49 acres from the "R -1B" One- Family Dwelling District to the "R -1C" One- Family Dwelling District to develop single- family residential housing on smaller lots.. The proposed subdivision will have lots averaging over 5,000 square feet —209— Zoning Report Case #: 0610 -04, Extreme Homes of Texas, LLC Page 2 which meet the minimum for the "R -1C" zoning district of 4,500 square feet, but not the current "R- 1B" zoning district which requires a minimum lot size of 6,000 square feet. • Existing Land Uses: The subject property is currently vacant. To the north are single family dwellings, to the south is vacant. To the west are single family dwellings and vacant property. To the east is Tuloso Midway Primary School. • Existing Zoning: The subject property is zoned as an "R -1B" One - Family Dwelling District. The "R -1B" District allows for single - family residential, churches, parish halls, public and non -profit private schools, home occupations, public parks, playgrounds, and golf courses, and child care homes. It does not permit multifamily residential uses. This District requires a minimum lot area of 6,000 square feet, with a twenty -five (25) foot building setback from the street right -of -way lines. Five (5) foot side or rear yard setbacks are required for single - family residential. Nonresidential development permitted in this district requires twenty -five (25) foot side and rear yard setbacks, except where a side or rear yard is adjacent to an office, commercial, or industrial district, in which case the depth of that yard shall be five (5) feet. The "R -1B" District permits a residential density of 7.26 units per acre and a building height of 35 feet not to exceed three (3) stories with a minimum lot width of fifty (50) feet. • Requested Zoning: The applicant is requesting a change in zoning to the "R -1C" One - family Dwelling District. The purpose of the "R 1C" One - Family Dwelling District allows for single - fancily residential development together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of this character and contains vacant land considered appropriate for such development in the future. Residential density is a maximum of 9.68 units per acre. The "R -1C" One - Family Dwelling District requires a minimum lot area of 4,500 square feet, with a 20 -foot front yard setback and 5 -foot side and rear yard setbacks with a minimum lot width of forty-five (45) feet. • Transportation and Circulation: The subject property has access to Up River Road. Currently, Up River road is a two lane road in a 55 foot right-of-way. The Future Transportation Plan calls for Up River Road to be upgraded to a C3 Primary Collector with four lanes in a 75 foot right - of-way between Rand Morgan Road and McKinzie Road. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Type Traffic Volume 2008 Up River Road 55' wide / 40' paved, 2 -Lanes 75'/4-Lanes C3 Primary Collector NA • Infrastructure Demand: o Water: The subject property has access to a 6" water line Iocated along Creek View Drive to the north of the property and an 8' water line located along Stonewall Boulevard to the southeast of the property. —210— Zoning Report Case #: 0610 -04, Extreme Homes of Texas, LLC Page 3 o Wastewater: The subject property has access to an 8" line located along Shallow Creek Drive to the northeast of the property and a 10" line located along Wood Creek Drive to the northwest of the property. o Stormwater: The subject property has access to a stormwater line located along Creek View Drive and also along Stonewall Boulevard. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District A20. Crime statistics up to 2005 show an increase from 274 crimes committed in 1993 to 312 in 2005. The Iast year for which statistics are available is 2005. o Fire: The closest Fire Station is #12, located at 2120 Rand Morgan, approximately 2.5 miles from the subject property. • Environmental Constraints: o FEMA Flood Zone: Subject property is in FEMA Flood Zone C. Flood Zone C is an area of moderate flooding. o Soil Type: • 55.8% (CcB) "Raymondville complex" 4 Slope: 1 to 3 percent 4 Drainage class: Moderately well drained 4 Depth to water table: More than 80 inches 46 Frequency offloading: None 4 Frequency of ponding: None Alt Available water capacity: Moderate (about 9.0 inches) • 44.2% (Of) "Orelia fine sandy loam" 4 Slope: NA 4 Drainage class: Somewhat poorly drained 4 Depth to water table: About 6 to 12 inches 4 Frequency offloading: None 4 Frequency of ponding: None 4 Available water capacity: Moderate (about 8.1 inches) • 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 38 on a scale of 100 points. Smart Growth Principles which relate to the requested rezoning include: o Creates walkable neighborhoods (8 points); and, o Fosters Distinctive, attractive communities with a strong sense of place (2 points); and, o Strengthens and directs development toward existing communities (15 points); and o Provides a variety of transportation choices (6 points); and o Makes development decisions predictable, fair and cost effective (7 points) —211— Zoning Report Case #: 0610 -04, Extreme Homes of Texas, LLC Page 4 • COMPREHENSIVE PLAN CONSISTENCY: The adopted Future Land Use Plan designates the subject property for low - density residential uses, therefore, the proposed "R -1C" One - family Dwelling District is consistent with the City's Comprehensive Plan. In addition to the Future Land Use Plan, policies from the Corpus Christi Policy Statements are provided below. a Corpus Christi Policy Statements: RECOGNIZING THE CITY'S FINANCIAL LIMITATIONS, NEW DEVELOPMENT SHOULD OCCUR IN A PATTERN WHICH IS COST EFFECTIVE. The City should encourage new development where services can be provided economically and, wherever, possible, promote contiguous development. City ordinances should be reviewed periodically to ensure they are consistent with this policy. Ordinances should allow state of the art land planning techniques to make available various densities and funding techniques while maintaining an attractive living environment. Staff Comment: Contiguity of adjacent low density residential development can be provided through new development through the rezoning process. Plat Status: The subject property is not platted. Planning Commission and Staff Recommendation: Approval of the change of zoning to the "R-1C" One - family Dwelling District Number of Notices Mailed Total —19 within 200 foot notification area; 4 outside notification area As of August 4, 2010 Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 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 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. Smart Growth Principles 9. Metes & Bounds 10. Site Plan —212— i..!..1.. tik.? . VW.a. �F� At! :.? !.L.1. .t.. tik. ;. MFL ,HELLS :CAS :40.:i: -04 ..4: • SITE - :Eit$TING ZON1RG.... 1NOTICE:AREA &:.OWNER FIIP.° 'Jl-1 i4rltle'n HrXl oI1 EI • "'F1 finrkr'I1ICi1 ilsild .`A- 1n`..Mi.insnlr.aB 11sFrl: r7:' AM rr.Nr. otrkd' ,n:q `AmineglHam-••eliklwi. 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Notices returned from WITHIN the 200 -foot notification area: (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 19 1 Favor: 0 Opposition: 0 II. Responses received from OUTSIDE the 200 -foot notification area: Total number mailed: 4 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- DIRISHAREDII . 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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 nonulations and growth; and achieving healthy communities that provide families with a clean environment. Zoning Case:0610 -04 From: "R-1B'' One - family Dwelling District To "R -1C" One - Family Dwelling 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? 1 use added 1 x 3 0 Reuses closed, decommissioned, or obsolete institutional uses? Yes 1 No 0 x 2 0 Project is mixed use (any combination of housing, retail, office, commercial, public 4 + uses 3 0 buildings, etc.) 3 + uses 2 x2 2 + uses 1 2. Takes advantage of comipact buildinj design. 0 Utilizes reduced setbacks and/or compact development that supports more stores and restaurants within a neighborhood boundary, or creates opportunities to pursue Yes 1 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 Iow- 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 4. Creates walkable neighborhoods. 8 Promotes development close to schools, comer stores, dry cleaners, restaurants, and other services that promotes walkable communities and reduces long- distance Yes 1 0 x 3 commutes? No 3 Will incorporate sidewalks or a bike or pedestrian path into the final development Yes 1 or connects to existing sidewalks? No 0 x 3 3 Promotes development so children are close enough to walk to school? Yes 1 No 0 x 2 2 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 and gathering places where residents frequent on the weekends? Yes No 1 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 —225— 6. Preserves open space, farmland, natural beauty, and critical environmental areas. _____ 0 Preserves critical areas for water - quality protection including wetlands, riparian corridors, floodplains, and retains or creates buffer zones surrounding these areas; utilizes Iand management techniques, to decrease the amount of pollution entering Yes No 1 0 x 4 the water system and preserve wildlife habitats? 0 Does the project implement green building techniques or standards for reducing Yes 1 environmental impacts? No 0 x 3 0 Supports tree preservation onsite and/or provides adequate tree landscaping (at a Yes 1 3 minimum) to replace trees being removed? No 0 x 0 Provides community green open space or includes useable green space for outdoor recreation and preserves views of scenic, historic or cultural areas? Yes No 1 0 x 3 _ 0 Does it avoid the acquisition and change in use of operating farms or prime Yes 1 farmland? No 0 x 2 0 7. Strengthens and directs development toward existing communities. 15 Is the project located adjacent to existing infrastructure; roads, water, sewer? Existing 3 Service is; Less than 1/4 mile 2 x 4 1/4 to 1A mile 1 1/2 + miles 0 12 Is the availability of existing public services, such as police, fire, schools and Yes 1 health, sufficient to serve the project? No 0 x 3 3 Is the project a redevelopment of an existing building or brownfield area that would Yes 1 make the property a productive piece of land? No 0 x 3 0 Will the project encourage commercial and retail investment in underserved Yes 1 communities? No 0 x 3 0 Does the project enhance the use of existing public outdoor recreation facilities or YeS 1 areas, such as parks, fishing piers, boat storage areas, or rental equipment? No 0 x 2 0 Is the project in an area with declining school enrolment that threatens its neighborhood schools with closure or support residential use in areas with Yes 1 x 2 historically declining school enrollment? No 0 0 8. Provides a variety of transportation choices. 6 The proposed project is accessible by multiple modes of transportation (auto, bus, rail, biking, walking)? 3 modes 2 modes 2 1 x 3 6 The project within walking distance to public transit? (Within 1,000 ft) Yes 1 No 0 x 3 0 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 provide onsite retention? Yes No 1 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 No 1 0 x 3 0 Point Grading System: Smart Growth Rating Total Points 38 ❑ 0 -20 pts = * ❑ 21 -39 pts .= * * ® 40 -59 pts = U 60 -79 pts = * * * * 80 -100 pts = * * * * * -226- LNV INC 801 Navigation, Suite 300 Carpus Christi, Texas 78408 (361) 883 - 1984 -Fax (361) 883-1986 Field note description for a 3.49 acre tract of land out of a McKenzie Partition Tract I -C, described and recorded in Document No. 2007014515, Nueces County, Texas Deed Records, said 3.49 acre tract of land being more particularly described by Metes and Bounds as follows: Commencing at a 5/8 inch iron rod found in the Northeast comer of Maple Hills Subdivision Unit 5 a subdivision of the City of Corpus Christi, Texas, recorded in Volume 67 Page 160, Nueces County, Texas Map Records ; Thence South 09 °- 03' -00" West a distance of 538.89 feet to a point for the most Northeasterly corner of said 3.49 acre tract and the Point of Beginning; Thence South 09 °- 03' -00" West a distance of 610.00 feet to a point for the most Southeasterly corner of said 3.49 acre tract; Thence North 80 °- 57' -00" West a distance of 92.03 feet to a point for an interior corner and the P. C. of a circular curve to the left of said 3.49 acre tract; Thence in a Southwesterly direction with the arc of said curve to the left, whose Central Angle is 90 ° -00'- 00", whose Radius is 15.0 feet, an Arc Distance of 23.56 feet, and a Chord Bearing of South 54 °- 03' -00" West to a point for the P.T. of said curve and an interior comer of said 3.49 acre tract; Thence North 80 °- 57' -00" West a distance of 50.00 feet to a point for an interior corner and the P. C. of a circular curve to the left of said 3.49 acre tract; Thence in a Northwesterly direction with the arc of said curve to the left, whose Central Angle is 90 ° -00'- 00", whose Radius is 15.0 feet, an Arc Distance of 23.56 feet, and a Chord Bearing of North 35 °- 57' -00" West to a point for the P.T. of said curve and an interior corner of said 3.49 acre tract; Thence North 09 °- 03' -00" East a distance of 60.00 feet to a point for an interior corner of said 3.49 acre tract; Thence North 80 °- 57' -00" West a distance of 90.95 feet to a point for an interior corner of said 3.49 acre tract; Thence North 09 °- 03' -00" East a distance of 530.00 feet to a point for the most Northwesterly corner of said 3.49 acre tract; Thence South 80 °- 57' -00" East a distance of 90.95 feet to a point for an interior corner and the P.C. of a circular curve to the right of said 3.49 acre tract; Thence in a Southeasterly direction with the arc of said curve to the right, whose Central Angle is 90 ° -00'- 00", whose Radius is 15.0 feet, an Arc Distance of 23.56 feet, and a Chord Bearing of South 35 °- 57' -00" East to a point for the P.T. of said curve and a corner of said 3.49 acre tract; Thence South 80 °- 57' -00" East a distance of 50.00 feet to a point for an interior corner and of said 3.49 acre tract; PAGE 1 OF 2 -227- Thence North 09 °- 03' -00" East a distance of 35.00 feet to a point for an interior corner and of said 3.49 acre tract; Thence South 80 °- 57' -00" East a distance of 107.03 feet to a point for the most Northeasterly corner of said 3.49 acre tract and the Point of Beginning; Containing 3.49 (151890.17 Sq. Ft.) acres more or less. State of Texas County of Nueces I, Robert M. Viera, a Registered Professional Land Surveyor, of LNV INC, do hereby certify that the foregoing field notes were prepared from information of record and a survey made on the ground under my direction. This the ) day of J�1a. 2010. Robert M. Viera, State of Texas License No. 6178 PAGE 2 OF 2 -228- . 1 1 1 11 1 1 I ' MAPLE HILLS SUBDIVISION 11 1 CRE V/EW1 DRIVE ! °'03'Op" `~ __ 5 8p'57'00 5'a S 80'57'00" E 9� 95 ► E C7 BLOCK 1 / VOLUME 67, PAGE 1 M.R. N.C.T. 150 !T 5 N ih °O irZ SCALE: 1 :300 0 40oi cry It U O 0 FUTIRE- STATE OF TEXAS COUNTY OF NUECES N 80'57'00.0 1 W 90.95' N 09'03'00" E 60.00' 1, ROBERT M. VIERA, a Registered Professional Land Surveyor of LNV Inc., hereby certify that the foregoing map was prepared from information of record and is true and correct. This t day of�' R. .ert M. Viers, R.P.LS. ate of Texas Lie. No. 6178 O 0 O co' MAPLE HILLS SUBDIVISION D to O 0 NOTE: LOT 1 BLOCK 1 VOLUME 61, PAGE. 30 M.R.N.C.T. 1. RE —ZONE FROM R -1B "ONE FAMILY DWELLING" TO R -1 C "ONE FAMILY DWELLING" CURVE TABLE CURVE LENGTH RADIUS DELTA C1 23.56' 15.00' 90'00`00" C2 23.56' 15.00' 90'00'00" C3 23.56' 15.00' 90'00'00" N 80'57' p0N 80'57000" .. W 92.03' 50.00' zoo. FUTURE DEVELOP ENT MAPLE HILL T eD114s1o, STONEWALL BLVD VOLUME 65, • PAGE 1 M.R Al. C.7. SHEET 1 of 1 JOB NO: 100077.00 CITY of r1iblifi, CORPUS t CHRISTI DEPARTMENT Of ENGINEERING SERVICES LNV engineers 1 architects 1 contractors 801 NAVIOATTON, SUITE 300 Pll. PM) 1113-1084 COPRFUIS Np8F78*B 7048 FAX I.LHVNC.COM Orr) .Ci CITY OF CORPUS CHRISTI EXTREME HOMES OF TEXAS MAPLE HILLS SUBDIVISION UNIT 6A RE— ZONING OF 3.49 ACRES FROM R -1 B TO R -1 C MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall June 23, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman Javier Huerta, Vice- Chairman *Arrived 5:45 p.m James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly Absent Govind Nadkarni *Arrived 5:48 p.m. Mark Adame Absent John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering and Development Services Faryce Goode Macon, Assistant Director of Development Services/Planning Andrew Dimas, City Planner Robert Payne, AICP, Senior City Planner Deborah Brown, Assistant City Attorney Elena Juarez Buentello, Recording Secretary Si usted quiere dirigirse a Ia comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle 1. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Garza at 5:31 p.m. B. ZONING 1. New Zoning b. Case No. 0610 -04 Extreme Homes of Texas, LLC: A change of zoning from the "R -1B" One - family Dwelling District to the "R -1C" One - family Dwelling District not resulting in a change of land use The property to be rezoned is 3.49 acres out of McKinzie Partition Tract 1 -C, approximately located at the intersection of Creek View Dr. and Shallow Creek Dr. Mr. Dimas presented New Zoning item "b ", Case No. 0610 -04, stating the applicant is requesting a change in zoning from the "R -1B" One- family Dwelling District to the "R 1C" One - family Dwelling District to allow for construction of homes on a lot at a minimum of 4,500 square feet. Mr. Dimas stated the "R -1B" District provides for single family residential uses and public uses with a minimum lot size of 6,000 square feet, 25 foot setback from street frontage, a density of 7.26 units per acre and a minimum lot width of 50 feet. The "R -1C" provides for single family residential uses and public uses with a minimum lot size 4,500 square feet, a 20 foot setback from street units, density of 9.68 units per acre and a minimum lot width of 45 feet. Staff recommends approval of the change of zoning. In response to Commissioner Taylor, Faryce Goode Macon, Development Services, stated property values are not addressed in a zoning case. Additionally, Mrs. Goode Macon stated property values are appraised based on a multitude of items including square footage, floor plan, neighborhoods, etc... Public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. —230— Planning Commission Minutes June 23, 2010 Page 2 Motion to approve the applicant's request was made by Commissioner Skrobarczyk and seconded by Commissioner Tamez. Motion passed unanimously with Commissioners Kelly and Adame being absent. -231- Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY EXTREME HOMES OF TEXAS, LLC, BY CHANGING THE ZONING MAP IN REFERENCE TO 3.49 ACRES OUT OF MCKINZIE PARTITION TRACT 1 -C, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT TO "R- IC" ONE - FAMILY DWELLING DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Extreme Homes of Texas, LLC, 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, June 23, 2010, during a meeting of the Planning Commission, and on Tuesday, August 17, 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 3.49 acres out of McKinzie Partition Tract 1 -C, located at Shallow Creek Drive, from "R -1 B" One- family Dwelling District to "R-1C" One - family Dwelling District. (Zoning Map 06049) (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 :1 LEG- DIRIShared \LEGAL- DEV.SVCS12010 Agenda18- 17- 101CASE NO. 0610-04 EXTREME HOMES OF TEXAS, LLC10610- 04.ExtremeHomes R -1 B.R- 1C.zoning.doc -232- 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 City Secretary APPROVED: 074 borah Walther Brow Assistant City Attorney For City Attorney , 2010 Mayor, City of Corpus Christi H:1 LEG- DIR\Shared\LEGAL- DEV.SVCS12010 Agenda18- 17- 101CASE NO. 0610-04 EXTREME HOMES OF TEXAS, LLC10610- 04.ExtremeHomes R- 16.R- 1C.xoning.doc —233— 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 :1 LEG- DIR1SharedlLEGAL- DEV.SVCS12010 Agenda18- 17- 101CASE NO. 0610-04 EXTREME HOMES OF TEXAS, LLC10610- 04.ExtremeHomes R- 1B.R- 1C.zoning.doc -234— 22 PL -Hr .23 SUBJECT PROPER PLf 1.3 ASSESSORS �Pr DO h�'C2Ifii Cr Ong CASE: 0610 -04 EXHIBIT A PLANNING COMMISSION & STAFF RECOMMENATION From: "R-1B" To: "R-1 C" ORDINANCE NO. St ,ACT PROPERTY n A QCATION 4P I` \., *hits LNV INC 801 Navigation, Suite 300. ; Corpus Christi, Texas 7$408 (361) 8834 484 -Fax` (361) 883 -1986. Field note description for a 3.49 are tract; of land out of a McKenzie Partition Ttact 1-G, described and recorded in Document No 2007014515, Nueces County, Texas Deed Records, said 149 acre tract of land being more'particularly- described by Metes and Bons afollows: ' Commencing at a, 5/8 inch irari rod found in the Northeast: comer of Maple Hills_ Subdivision Unit 5 a subdivision ofthe City of Corpus Christi, Texas, recorded in Volume 67 Page 160, Nueces County, Texas Map Records ; Thence South 09 °-03', 00" West a distance of 538.84 feet to a point, for the most Northeasterly corner of said 3,49 acre ttact and the Point of Beginning; Thence South 09D- 03' -00" West a distance of 61000 feet to a point for the most Southeasterly comer of said 3.49 acre tract. Thence North 80- 5740" West a distance of 92.03 feet to a point for an interior corner and the P: C. of a circular curvetci the left of said 3.49 acre tract; Thence in a Southwest erly direct ion with the arc of said curve 'to the left, Whose Central Angle is 90°-00' - 00 ", whose Radius is 15.0 feet, an Arc Distance of 2156. feet, and a Chord Bearing of South 54 °- 03'- QO"West to a point for the P.T; of said curve and an interior corner of said 3.49 acre tract Thence North 80°- 57' -00" West a distance of 5100 feet to a point for an interior tamer and the R C. of a circular curve to the left of said 349 acre tract; Thence in allortbwesterly direction with the arc of said curve to the left, whose Central Angle is 906-01V- 00”, whose Radius is 15,0 feet; an Arc Distance of 2156 feet, and a Chord Bearing of North 35°- 57' -00". West to a point for the P.T. of said curve and an interior •corner of said.3.49 acre tract; Thence North 09- 03'_00" East a distance of 60.00 feet to a point for an interior corner of said 3.49 acre tract Thence North 806- 57' -00" West a distance of 90.95 feet to a point for an interior comer of said 3.49 acre tract; Thence North 09-03'.-00" East a distance of 530.00 feet to a point for the most Northwesterly corner of said 3.49 acre tract; Thence South 80 °- 57' -00" East a distance of 90.95 feet to a point for an interior comer and the P.C. of a circular curve to the right of said 3.49 acre tract; Thence ins Southeasterly direction with the arc of said curve to the right, whose Central. Angle is 906 -00'- 00", whose Radius is 15.0 feet, an Are Distance of 23.56 feet, and a Chord Bearing of South 35 °- 57-00" East to a. point for the P.T. of said curve and a corner of said 3.49 acre tract; Thence South 806- 57' -00" East a distance of 50.00 feet to a point for an interior corner and of said 3.49 acre tract; PAGE 1 OF 2 —236— Thcnce North D9D_O3_00 East a distance of $.00- 1'ee to a pomt for 001104* corner Ott sai 3 49 acre tract, -1 _ • -; Thence Sok -!$1)!41!•007„Eitit g distance of 107.03:00 to a point: for thc inost Northeasterly Otter- of said 3 49 acre tract awi Ow Point of Beginningi "''' • --- - Containing 340489.6.11 sq. Ft.) eons more or iess. - _ State iitr005 COfinty. of Nueces 1, Robert M. YIera; a Registered Professional Land Surveyor, of INV INC, do hereby cat that the foregoing field notes, were prepared from information of record and esi*Vey made on the ground under my directiOn: This the filllobert Viera,R.P.L.S. State of Texas License No. 6I78 day Of ./:toiL 2010. ROBERT M. VIER 1/4%1 0118 P4sititt040 PAGE 2 op 2 —237— MAPLE H!LLS `SUBDMVISION UNIT S'; ( BLOC 1. ; S 80'5710On N 80.57l00.. ■ W 90.951 N 09'031004 E 60.00' NOTE: 1. RE —ZONE FROM R -1B. ONE FAMILY DWELLING ". TO R -1C "ONE FAMILY DWELLING" • CURVE TABLE CURVE LENGTH RADIUS DELTA C1 23:56' 15.01}' 90'00'00” C2 23.56' 15.00' 9O'OO`OO" C3 ,23.56' 15..00` 90'00'00" N 0'57'00 N 8Q.57'00lI 50.00 ' W ..03' FUTURE E 1 z (. !-D r • 0 O O 0) SrONEWAJ I BLVD MAPLE HILLS' $ J6DIVISI ON WT ! BLOCK .I vOWME 61. 'PA.GE: 3Q AA.P.N.E.T. SHEET 1 of 1 J06 NO 080068.001 /-7:-.-N\ i y' 0 C ENGINEERIN:; CITY of CORPUS CHRISTI PA .. iviE. „,7. of SERVICES LNV engineers I architects 1 contractors almv;wmbH.Oman ..(.0,04.“ CORPUS corium-rams nia1 Pam 1arEFIRA1NaGfds• _'i' —238 CITY OF CARPUS CHRISTI EXTREME HOMES OF TEXAS MAPLE HILLS SUBDIVISION UNIT 6A RE— ZONING OF 3,49 ACRES FROM R -1 B TO R -1 C 20 NO ATTACHMENT FOR THIS ITEM 21 CITY COUNCIL AGENDA MEMORANDUM August 17, 2010 AGENDA ITEM: Public hearing to consider an ordinance regarding closure, abandoning and vacating a 89,159.98- square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner, Kristian Kotta, to comply with the specified conditions; and declaring an emergency. ISSUE: The purpose for the closure of the public parking is to allow for the future construction and development over said easement. REQUIRED COUNCIL ACTION: City Charter, Article IX. Section 4, requires Council approval to abandon and vacate any portion of an easement. IMPLEMENTATION SCHEDULE: Upon approval by Council and publication of the ordinance, all grants of easement closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the building permit approval of construction, an up- to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager of Engineering and Development Services. These requirements are in compliance with Ordinance no. 025816, approved 7- 13 -04. RECOMMENDATION: Staff recommends approval of the ordinance as presented on an emergency basis. Juan Perales, Jr , P.E., Assistant City Manager Engineering & Development Services Email: JohnnyP @cctexas.com Telephone: 361 -826 -3828 Attachments: Exhibit A Background Information Exhibit B Ordinance Exhibit C Site Location Map L :1PLN- DIRlspecial serv.lwillie medinalcity council agenda 20401esmt- clolLindale Paris Sec.4.M —245— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION PURPOSE OF CLOSURE AND BACKGROUND: City of Corpus Christi, on behalf of the public, is requesting the abandonment and vacation of an 89,159.98- square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, to allow for future construction and development over the existing easement. The easement to be abandoned and vacated is located in a "B -4" General Business District. Lindale Park Subdivision was designed as a mixed use development and was originally platted in 1947. The subdivision design included areas intended for commercial, park, and school use in addition to standard residential use. The commercial use tract originally consisted of approximately 80 small lots organized into four blocks, A through D. These blocks are surrounded by what can best be described as common open space. The intent of this common area was to provide a shared parking area to support the various commercial uses within the tract. Language in the original plat, however, also made reference to this common area as "dedicated to the use of the public for parking ". In an effort to ensure clear title of the property, prior to replatting and development, the Owner is requesting removal of the implied public dedication. Actual development will provide for parking according to current ordinance requirements. Therefore the City of Corpus Christi, on behalf of the public, is divesting their rights to the parking lot area in Block D, Lindale Park Subdivision Section No. 4, presently located adjacent to South Alameda Street, between Gordon Street and Glazebrook Street, in order to allow for future construction and development by CVS /Caremark Company over the existing easement within said parking lot. It has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the easement. The Owner must replat the portion of Block D, Lindale Park Subdivision Section No. 4, being abandoned and vacated within 180 days at Owner's expense. Owner must also comply with all the specified conditions of the ordinance within 180 days of Council approval. Filing and recording of the utility easement abandonment and vacation is required by Ordinance No. 025816, after Ordinance is approved by City Council. Owner will be responsible for paying all filing and recording cost. EXHIBIT A FROM: Juan Perales,Jr., Asst. City Manager Engineering and Development Services DATE: July 27, 2010 TO THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI: ORDINANCE REQUEST DATE RECOMMENDED FOR COUNCIL ACTION: August 17, 2010 ORDINANCE CAPTION: Public hearing to consider an ordinance regarding closure, abandoning and vacating a 89,159.98 - square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision Section No. 4, Block D, in order to allow for the future construction and development over the existing easement; requiring the owner, Kristian Kotta, to comply with the specified conditions; and declaring an emergency. OTHER PERTINENT INFORMATION TO BE INCLUDED IN ORDINANCE: Plat is recorded in Volume 11, Page 14, of the Map Records of Nueces County, Texas. SPECIFIED CONDITIONS AS PART OF CLOSURE: 1) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 2) Upon approval by Council and issuance of the ordinance, all grants of easement closures must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Assistant City Manager for Engineering and Development Services. REQUE, TED BY: Juan Perales,Jr l, Asst. City Manager Engineering and Development Services DATE: Approved: L:1PLN- DlRlspacial- serv.lwillie medinalcity council agenda 20101esmt- ciolLindale Park Ssc.4.ORD. —247— EXHIBIT B un 401* 3211 ' 32M Ea Parkin " s Easement Closure 100 s ' 2,0 i sg.,ft: 32 9219 213 3209 3 p, sfi� . 3250 32' / 2 Ekt#44.11‘ 3301 tok a 100 10Peet Lindale Park Public Parking Easement Closure Public Parking Easement Closure Date; 09104.2070 Flit: E: l9WIIIletlJndale _Pmltjaeement,posure.mKtl Pr epared t!g Darnels S Cayce Cetpus Cmisd- Developmere SeMeee -GIS ti nik.an!'tEp,i Lan*_IInOn Flo F p ' fa a =.f I d'- ti - y�,, `aJr,.s°f ,�SY• •,! <<C -1-,40, E' Yi 1 5���i pi mss, a' 4a s ,4,--...,-f-, t\,J4- . s fN- '°oa' " 04", ;sa ° 1A EXHIBIT C -248- Glazebrook Street (eO R.D.W.) Fd. b/9' 1,R rxhea� Paint o! Beginning . 'No and Awoalateei N58'5147'E 138.00 Na Monamentatlae Found ar Set Lott Lot 2 Lot 3 Lot 4 Lot 5 Lot B Lot 7 Lot 8 — Lot 9 Lot 10 a!" A: . i Lot 11 ,: 1 — — Lot 12 oi I3" b 12 No Manumentation Found or Sat Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 Lot 18 Lot 19 Lot 20 N58'51'47"E 150.00' a Fd I.R. a/tY' 1.R. with cop 'Pyle and Asmalatwe 2.047 Acre (89459.981) S58'51'47iV 288.00' Gordon Street (eo' R.o.W.) 1.-50. %INa Monumentatron Found or Sol EXHIBIT C FIELDNOTES for a 2.047 acre tract of land out of Undale Park Subdivision, a mop of which is recorded in Volume 11, Page 14, Mop Records of Nueces County, Texas. UURBADATE. JUV 3Q 2010 ENGINEERING SCAIEc 1�s60' CORPUS CHRISTI, TEXAS s N�" 41�Q.B0.00 N‘ / sign 1 OF 1 asw tir n'FfirrMBVelor t DRAWN BY: RLG Q2010 by Urban En ineering ralfe Wig ter.; rktUfl •1J v SI','7• fah ] !: iJ ' tE- yu_ ' k 0 100 200 Feet Lindale Park Public Parking Easement Closure Public Parking Easement Closure Cale: D /04t20tp File: E:14WiIlieLLindala Park_Easement,dosure.mad Prepared By: Dameris 8 City of Carpus Christi Development Services -GIS -250- Exhibit C Page 1 of 3 ORDINANCE CLOSING, ABANDONING AND VACATING A 89,159.98- SQUARE FOOT PORTION OF AN EASEMENT DEDICATED TO THE USE OF THE PUBLIC FOR PARKING PURPOSES, OUT OF LINDALE PARK SUBDIVISION, SECTION NO.4, BLOCK D, IN ORDER TO ALLOW FOR THE FUTURE CONSTRUCTION AND DEVELOPMENT OVER THE EXISTING EASEMENT; REQUIRING THE OWNER TO COMPLY WITH THE SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY WHEREAS, in accordance with the City of Corpus Christi Code of Ordinances § 49 -13, The City of Corpus Christi is requesting the closure, abandonment and vacation of a 89,159.98- square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision, Section No. 4, Block D, in order to allow for future construction and development over the existing easement. The easement to be abandoned and vacated is located in a B-4, General Business District; and WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, August 17, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to close, abandon and vacate said portion of the easement, subject to the conditions below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 89,159.98- square foot portion of an easement dedicated to the use of the public for parking purposes, out of Lindale Park Subdivision, Section No. 4, Block ID, located west of South Alameda Street between Glazebrook Street and Gordon Street, as recorded in Volume 11, Page 14, of the Map Records of Nueces County, Texas, is closed, abandoned and vacated, subject to Alameda Plaza, LLC ( "Owner"), compliance with the conditions specified in Section 2 below, therein allowing for the future construction and development by CVS /Caremark Company over the existing easement.(Exhibit A - Metes and Bounds; Exhibit B - Map re: Metes and Bounds; and Exhibit C — Site map) SECTION 2. The closure, abandonment and vacation of the above easement is conditioned upon Owner's compliance with the following: 1) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 2.) Upon approval by Council and issuance of the ordinance, all grants of easement or closure of the same must be recorded at Owner's expense in the Page 2 of 3 real property Map Records of Nueces County, Texas, the county in which the property is located. Prior to permitting any construction on the land, an up -to- date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED: August 11, 2010. Deborah Walther Brown Assistant City Attorney For City Attorney 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: l /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Job No. 41860.0000 July 28, 2010 STATE OF TEXAS COUNTY OF NUECES Fieldnotes for a 2.047 acre tract of land out of Lindale Park Subdivision, a map of which is recorded in Volume i1,.Page 14, Map Records of Nueces County, Texas; said tract being the'parldng area adjacent to Lots 1 thru 20,'Block D of said Lindale. Park - Subdivision and being more fully described as follows: Beginning at a 518" iron rod with cap stamped "PYLE & ASSOCIATES" found on the southeast boundary of Glazebrook Street, a 60 foot wide public roadway, for the north comer of Lot 1, Block D, said Lindale Park Subdivision and for the upper west corner of this tract; Thence, North 58 °51'47" East, with the southeast boundary of said Glazebrook Street, same being the northwest boundary of said parking area and of ibis bract,• a distance of 138.00 feet to the intersection of the southeast boundary of said Glazebrook Street with the southwest boundary of Alameda Street, a 100 foot wide public roadway, for the north corner (no monumentation found or set) of this tract; Thence, South 31 °06'00" East, with the southwest boundary of said Alameda Street, same being the northeast botmdary -of this tract, a distance of 570.00 feet to the intersection of the southwest boundary of said Alameda Street with the northwest boundary of Gordon Street, a 60 foot wide public roadway, for the east corner (no monumentation found or set) ofthis tract; Thence, South 58 °51'47" West, with the northwest boundary of said Gordon Street, same being the southeast boundary of this tract, a distance of 288.00 feet to the intersection of the northwest boundary of said Gordon Street with the northeast boundary of a 30 foot wide alley shown on said recorded plat of Lindale Park Subdivision, for the south corner (no monumentation found or set) of this tract; Thence, North 31 °06'00" West, with the northeast boundary of said alley, same being the southwest boundary of this tract, a distance of 70.00 feet to a drill hole set on a concrete walk for the south corner of Lot 20, Block D, said Lindale Park Subdivision and for the lower west corner of this tract; Thence, North 58 °51'47" East, with the southeast boundary of said Lot 20, same being the southwesterly boundary ofthis tract, a distance of 150.00 feet to a 518" iron rod with cap stamped "PYLE & ASSOCIATES" found for the east comer of said Lot 20 and for an interior corner of this tract; Thence, North 31 °06'00" West, with the northeast boundary of Lots 20 thru 1, said Block D, same being the southwesterly boundary of this tract, a distance of 500.00 feet to the Point of Beginning and containing 2.047 acres (89,159.981 square feet) aloud. Bearings based on the recorded plat of Lindale Park Subdivision, a map of which is recorded in Volume 11, Page 14, Map Records ofNueces County, Texas. Description prepared from previous surrey of Lots 1 thm 20, Block D, Lindale Park Subdivision by Urban Engineering and not from a current on the ground survey. Unless this Field Notes Description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility or liability for its accuracy. s:\Surveying11418601B000 FN4I860B00o.doc (361)854 -3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbir %gg.com URBAN ENGINEERING latt"- JUAN J. SALAZAR, RP.L.S. License No. 4909 Exhibit A TBPE Finn #145 Page 1af1 FAX (361)854 -6001 Glazebrook Street (en• Lot 1 No Hona lotion• umw Found or Sot Lot 2 Lot 3 Lot 4 Lot 5 Lot 5 Lot 7 Lot 12 Lot 13 Lot 14 Lot 15 Lot 1e Lot 17 Lot 18 Lot 19 Lot 20 2.047 Aare (89,159.981) NoFo Monurnentedion od or Sot S5811 .47V 288.00' Gordon Street (eoe 'Ho wmurmntotlon Found or Sol Exhibit B FlELONOTES for a 2.047 acre tract of land out of Undale Park Subdivision, a map of which is recorded in Volume 11. Page 14, Map Records of Nunes County, Texas. A ENGINEERING RPUS CHRISTI. TEXAS ftro i terargf g.dgp(sro c Undale Park Public Parking Easement Closure EZZO Public Parking Easement Closure -256- 22 CITY COUNCIL AGENDA MEMORANDUM August 11, 2010 AGENDA ITEM: Ordinance ordering a Special Election to be held onNovember 2, 2010, in the City of Corpus Christi to provide for consideration of amendments to the Charter of the City of Corpus Christi; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject of purpose of this ordinance. BACKGROUND INFORMATION: The following propositions have been previously approved by the City Council for inclusion in a Charter Amendment Election to be held on November 2, 2010. 1. Updating the petition requirements for initiative and referendum and recall elections to comply with state laws and make them consistent. 2. Changing the term limits of the Mayor and Council Members to increase the waiting period from one term (2years) to three terms (6 years) before a person becomes eligible to serve again. 3. Adding the position of City Auditor who shall be appointed by the City Council. 4. Clarifying the provisions concerning leases, franchises, and use privilege agreements when a lease or franchise is not applicable and allow multi -year agreements no longer than five years. 5. Providing for authority for discipline, censure, reassignment and removal of Municipal Court Judges by a three- fourths vote of all members of the City Council. 6. Changing the City Council Election date from the second Saturday in May to the November Uniform Election date of even numbered years and to allow for a transition election in May 2011, with a shortened term of a year and a half. —259— ISSUES: In order to effectuate a change in election dates from the second Saturday in May to the November uniform election date a charter amendment proposition to authorize such a change must be approved by the end of this year. The next available election date is November 2, 2010 and the last day to call that election is August 24, 2010. RECOMMENDATION: Approval of the ordinance on two readings as presented. Armando Chapa Carlos Valdez City Secretary City Attorney AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, IN THE CITY OF CORPUS CHRISTI TO PROVIDE FOR CONSIDERATION OF AMENDMENTS TO THE CHARTER OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY VOTING POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE. WHEREAS, the City Council desires to place before the electorate of the City of Corpus Christi proposed amendments to the Charter of the City of Corpus Christi; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting a general election on November 2, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A Special City Election (hereinafter the "Election ") shall be held in the City of Corpus Christi, Texas on November 2, 2010 for the purpose of submitting to the voters of the City ballot propositions to consider amendments to the Charter of the City of Corpus Christi. SECTION 2. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 am to 7:00 pm on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State. SECTION 4. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the Joint Election Agreement to be entered into with Nueces County. The City Secretary is directed to request consideration from the U.S. Department of Justice of the submission of any change herein which requires preclearance, and to provide such demographic data and information as required by law. SECTION 5. Paper ballot and precinct ballot counters shall be used for the conduct of the Election on election day and for early voting. Early voting in person at each of the temporary branch polling place shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places as set forth in Attachment B, incorporated by reference and made a part of this ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling place set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified herein. The City Secretary is authorized, in the event of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 6. The City Secretary is directed to post and publish such election notices as are required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 7. At the Election, the voters shall be presented with the following propositions (in English and Spanish) in the form prescribed by the Texas Election Code concerning amendments to the Charter of the City of Corpus Christi: Ballot Language: CHARTER AMENDMENT NO. 1 FOR AGAINST UPDATING THE PETITION REQUIREMENTS FOR INITIATIVE AND REFERENDUM AND RECALL ELECTIONS TO COMPLY WITH STATE LAWS AND MAKE THEM CONSISTENT. Effect of Amendment: Adoption of Charter Amendment No. 1 would amend the City Charter, ARTICLE I, HOME RULE GOVERNMENT, Section 4(e)2 and ARTICLE II, CITY COUNCIL IN GENERAL, Section 19 (c), (f) and (g), as follows: Section 4. Initiative and Referendum. (e) In the event the council fails to take the proposed action within the time allotted, the city secretary shall furnish to the proponents petition pages for circulating among the registered voters of the city. Each petition page shall contain the following: (2) The printed name, signer's residence address, and date of birth or voter registration number of each voter signing the petition; Section 19. Power of Recall. (c) The printed name, residence address (by street and number, or if none, by other sufficient description), and date of birth or voter registration number of each signer; (d) the signature of each signer in ink; and (e) the date of issuance by the city secretary and the name and address of the person or group to whom the petition was issued;_ f} Ballot Language: An affidavit of thc person circulating thc petition that he or cho CHARTER AMENDMENT NO. 2 FOR AGAINST CHANGING THE TERM LIMITS OF THE MAYOR AND COUNCIL MEMBERS TO INCREASE THE WAITING PERIOD FROM ONE TERM (2 YEARS) TO THREE TERMS (6 YEARS) BEFORE A PERSON BECOMES ELIGIBLE TO SERVE AGAIN. Effect of Amendment: Adoption of Charter Amendment No. 2 would amend the City Charter, ARTICLE II, CITY COUNCIL IN GENERAL, Section 1(d), as follows: Section 1. Membership and Term. (d) No person shall serve more than four two -year terms consecutively as a council member, or four two -year terms consecutively as mayor, or six two -year terms consecutively in any combination of such offices. A person who has reached the limitation on terms provided in this section shall not be eligible for election or appointment to the city council until three consecutive terms of office for the council have expired. after not serving on the city council for one full term of office. Ballot Language: CHARTER AMENDMENT NO. 3 FOR AGAINST ADDING THE POSITION OF CITY AUDITOR WHO SHALL BE APPOINTED BY THE CITY COUNCIL. Effect of Amendment: Adoption of Charter Amendment No. 3 would amend the City Charter, ARTICLE II, CITY COUNCIL IN GENERAL, by adding a new section, Section 29, City Auditor, as follows: Section 29, City Auditor. La). The City Council shall appoint a City Auditor. The City Auditor may be removed only by a majority of the City Council. fla The City Auditor shall have such duties, responsibilities, and staff as determined by ordinance, including the responsibility to conduct, or cause to be conducted, financial, performance, investigative, and other audits following government auditing standards as promulgated by the Comptroller General of the United States. Ballot Language: CHARTER AMENDMENT NO. 4 FOR AGAINST CLARIFYING THE PROVISIONS CONCERNING LEASES, FRANCHISES AND USE PRIVILEGE AGREEMENTS TO INCLUDE AUTHORIZATION TO ENTER INTO LICENSE AGREEMENTS WHEN A LEASE OR FRANCHISE IS NOT APPLICABLE AND ALLOW MULTI -YEAR AGREEMENTS NO LONGER THAN FIVE YEARS. Effect of Amendment: Adoption of Charter Amendment No. 4 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 1, Inalienability of Public Property, as follows: Section 1. Inalienability of Public Property. The control and use of the public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property of the city is declared to be inalienable by the city, except by ordinances not in conflict with the provisions of this charter; provided, however, the council may by ordinance grant, or authorize an officer or employee of the city to grant, sidetrack or switch privilege easements to common carriers, and daily, weekly, monthly., annual, multi -year leases, licenses or use privileges of public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property, all upon such terms and with the imposition of such conditions and limitations in such easements and leases or use privileges as the council may elect. No act or omission by the council or any officer or agent of the city shall be construed to grant, renew, extend or amend by estoppel or indirection any right, franchise, lease, easement, license or use permit affecting said public streets, sidewalks, alleys, bridges, parks, public buildings and any other public property. Ballot Language: CHARTER AMENDMENT NO. 5 FOR AGAINST PROVIDING AUTHORITY FOR DISCIPLINE, CENSURE, REASSIGNMENT AND REMOVAL OF MUNICIPAL COURT JUDGES BY A THREE - FOURTHS VOTE OF ALL MEMBERS OF THE CITY COUNCIL. Effect of Amendment: Adoption of Charter Amendment No. 5 would amend the City Charter, ARTICLE 11, CITY COUNCIL, Section 26, Municipal Court, as follows: Section 26, Municipal Court. (a) There shall be a court for the trial of misdemeanors known as the municipal court, with such powers and duties as are defined and described by state law. The magistrates of the court shall be known as municipal judges, shall be appointed by council, shall have the necessary qualifications for appointment and receive such salary and term as may be fixed by ordinance. (b) Any person appointed by a city council as a municipal court judge, presiding municipal court judge. assistant, substitute, full -time or part-time judge may be removed from office at any time by a three - fourths vote of all members of the city council. Any person holding such office may be disciplined, censured or reassigned in lieu of removal from office by the same vote. {b} (c) The city manager shall appoint a clerk of said court and deputy clerks, if any, who shall receive such salary as may be fixed by the manager. Ballot Language: CHARTER AMENDMENT NO. 6 FOR AGAINST CHANGING THE CITY COUNCIL ELECTION DATE FROM THE SECOND SATURDAY IN MAY TO THE NOVEMBER UNIFORM ELECTION DATE OF EVEN NUMBERED YEARS AND TO ALLOW FOR A TRANSITION ELECTION IN MAY 2011, WITH A SHORTENED TERM OF A YEAR AND A HALF Effect of Amendment: Adoption of Charter Amendment No. 6 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 1(b), Membership and Term, and Section 3(d), Runoff Elections, as follows: Section 1, Membership and Term. (b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in on the November uniform election date of even - numbered years as authorized by State law; provided that, a transition election shall be held on the second Saturday in May, 2011 for terms expiring upon the final canvass of the elections in November 2012. odd numbered years on #-hc first Saturday regular election. Section 3, Runoff Elections. (d) The run -off election shall be held canvass set by thc city council at bast three months prior to thc rcgular cicction in accordance with State laws. SECTION 8. The City Secretary is directed to publish such Charter Amendments as required by the Local Government Code and to post and publish such election notices as are required by Election Laws of the State of Texas. SECTION 9. The election shall be conducted in accordance with the agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 2, 2010, which shall be executed and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites: SECTION 10. By approving and signing this ordinance, the Mayor officially confirms and orders as his actions all matters recited in this ordinance which by law come within his jurisdiction. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 12. This ordinance shall take effect and be in full force and effect from and after its passage on second reading. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor LEGAL FORM APPROVED: By: , 2010. Carlos Valdez, City Attorne ATTACHMENT "B" NUECES COUNTY JOINT ELECTION EARLY VOTING SUBSTATIONS NOVEMBER 2.2010 October 18 - October 29, 2010 NUECES COUNTY COURTHOUSE 901 Leopard Street - Corpus Christi, Texas CORPUS CHRISTI CITY HALL 1201 Leopard Street - Corpus Christi, Texas CORPUS CHRISTI AREA COUNCIL FOR THE DEAF 5151 McArdle Road - Corpus Christi, Texas FIRE STATION NO. 15 14202 Commodores - Corpus Christi, Texas GREENWOOD SENIOR CITIZENS CENTER 4040 Greenwood Drive - Corpus Christi, Texas HILLTOP COMMUNITY CENTER 11425 Leopard Street - Corpus Christi, Texas RONNIE H. POLSTON COUNTY BUILDING 10110 Compton - Corpus Christi, Texas JOHNNY S. CALDERON COUNTY BUILDING 710 E. Main - Robstown, Texas NUECES COUNTY BISHOP COMMUNITY CENTER 102 W. Joyce Street - Bishop, Texas PORT ARANSAS COMMUNITY CENTER 408 N. Alister - Port Aransas, Texas DEL MAR COLLEGE 101 Baldwin - Corpus Christi, Texas BANQUETE INDEPENDENT SCHOOL DISTRICT 4339 Fourth - Banquete, Texas CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT 801 Leopard - Corpus Christi, Texas CALALLEN INDEPENDENT SCHOOL DISTRICT 4205 Wildcat - Corpus Christi, Texas DRISCOLL INDEPENDENT SCHOOL DISTRICT 130 VV. Avenue D - Driscoll, Texas TULOSO - MIDWAY INDEPENDENT SCHOOL DISTRICT 9760 LaBranch - Corpus Christi, Texas —268— 23 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Resolution amending Council Policy No. 14, `Boards, Commissions, and Committee Procedures" to limit service on boards, commissions, committees or corporations effective upon passage. BACKGROUND: At the meeting of July b, 2010, the City Council requested that staff prepare an agenda item for their consideration that would prohibit future appointment of individuals to more than one board, commission, or committee. ISSUES: The current policy states that no person shall be appointed to serve on more than one board, commission or committee of the City at the same time. In addition to City boards, the Council also appoints members to boards not created by the city or where other governmental entities also appoint members. These type of boards have been designated as "non -city boards" by our Legal department. Since the current policy does not address service to non -city boards, it has allowed appointment of individuals by the city council to more than one Board at a time. This amendment to the policy limits the service of members appointed by the City Council to only one board, commission, committee or corporation at the same time, unless required by charter, statute, or other ordinance It does not limit the Mayor and Council from serving on more than one board or corporation. Members currently serving on more than one board will be grand fathered to continue their service on the boards that they are currently serving on. RECOMMENDATION: Review the amendment as presented and determine if a change in council policy is necessary. Armando Chapa City Secretary —271— A RESOLUTION AMENDING COUNCIL POLICY 14 "BOARDS, COMMISSIONS, AND COMMITTEE PROCEDURES" TO LIMIT SERVICE ON BOARDS, COMMISSIONS, COMMITTEES OR CORPORATIONS EFFECTIVE UPON PASSAGE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Council Policy 14, "Boards, commissions, and committee procedures," adopted by Resolution No. 021901 on March 22, 1994, is amended to read as follows" 14. Boards, commissions, and committee procedures. All individuals considered for appointment by the City Council to a Board, Commission, or Committee must have a resume or biographical information sketch on file in the office of the City Secretary. All vacancies must be listed on a City Council agenda in order for appointments to be made. Any Council Member can nominate persons to fill vacancies, except where the law requires nomination by the Mayor or City Manager. Each appointment must receive a majority vote of the Council Members present and voting. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time unless required by charter. statute. or other ordinance or when such service is required by virture of the individual's position or title as the result of employment or when such appointment inolves the Mayor or Council Members. The following rules and procedures will govern standing City Boards, Commissions, and Committees: m. No person may serve as a voting member of a board, commission, or committee of the city for a period longer than six (6) years consecutively unless such service is required by virtue of the person's position or title as the result of employment or to complete an unexpired term. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: July 15, 2010 Carlos Valdez City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 17, 2010 AGENDA ITEM: a. Ordinance appropriating $83,250.49, held in an interest - bearing account in the Infrastructure Fund for the Cimarron Estates Subdivision Developer's share of the future construction of Dunbarton Oak Drive and related storm -sewer improvements; and declaring an emergency. b. Motion authorizing the City Manager to execute a Deferment Agreement with Wal -Mart Real Estate Business Trust, (Developer), in the amount $1,086,478.05 for public improvements including construction of water, sanitary sewer, storm sewer, and road improvements as a requirement for the platting of Cimarron Center Subdivision, located south of Saratoga Boulevard and west of Cimarron Boulevard, in accordance with the Platting Ordinance Section V — Required Improvements, Subsection A. 3. b), contingent upon receipt of an acceptable form of a financial document compliant with City requirements. ISSUE: Wal -Mart Real Estate Business Trust, Developer of Cimarron Center Subdivision, has submitted deferment agreement documentation required to defer construction of public improvements including construction of water, sanitary sewer, storm sewer, and road improvements required of Cimarron Center Subdivision in accordance with the Platting Ordinance, Section V — Required Improvements, Subsection A. 3. b). REQUIRED COUNCIL ACTION: a. Council is requested to approve the ordinance accepting the previously- deposited funds from the Developer of Cimarron Estates Subdivision, and making the funds available for the proposed extending of Dunbarton Oak Drive. b. Council authorization for the City Manager to enter into a Deferment Agreement with Wal- Mart Real Estate Business Trust (Developer). CONDITION: Developer must post funds or a financial security with the City in the amount of 110% of the estimated cost of the improvements, and comply with all other requirements of the Deferment Agreement prior to recording of the plat. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Juan Perales, J'., P.E. Assistant City anager Engineering & Development Services Email: JohnnyP @cctexas.com Telephone: (361) 826 -3828 City Council Agenda Memorandum Cimarron Center Subdivision Page 2 Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Approved Plat Public Improvement Layout Cost Estimate Deferment Agreement —278— BACKGROUND INFORMATION The development and platting of Cimarron Center Subdivision (Exhibit C) requires the developer to construct public improvements for the Cimarron Center Subdivision. The deferred public improvements include construction of water, sanitary sewer, storm sewer, and road improvements (Exhibit D). Cimarron Center Subdivision, located south of Saratoga Boulevard and west of Cimarron Boulevard, is a proposed site for a new Wal -Mart Store. The Planning Commission, at its July 7, 2010 meeting, reviewed the request to defer the required public improvement construction. After reviewing the facts, the Planning Commission recommended the execution of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer has agreed to escrow $1,086,478.05 in the form of an acceptable financial document. The amount represents the difference of 110% of the estimated cost of constructing the required improvements, in compliance with the Platting Ordinance (Section V — Required Improvements, Subsection A. 3. b), less monies available to the Developer of Cimarron Center Subdivision from City interest - bearing escrow accounts (Exhibit E). The escrow accounts were previously established through Deferment Agreements with the Developers of Brighton Village Unit 5, Block 1, Lot 3 and Cimarron Estates Subdivisions in lieu of constructing respective portions of Dunbarton Oak Drive and supporting public improvements. These subdivisions are adjacent to Cimarron Center Subdivision. In April 2006, the Developers of Cimarron Estates Subdivision executed a Deferment Agreement and deposited $83,250.49 with the City as the estimated cost of constructing their respective portions of Dunbarton Oak Drive and supporting public improvements. While the $83,250.49 has been in a City interest- bearing escrow account, the 2006 City Council action did not appropriate the funds or provide for future use of the monies to complete adjacent portions of Dunbarton Oak Drive and the supporting public improvements. The ordinance included in this action item provides for the appropriation of these funds and makes them available for use in extending Dunbarton Oak Drive. City Council action in August 1997 appropriated and restricted funds deposited by Developers of Brighton Village Unit 5, Block 1, Lot 3 for future completion of the public improvements. The amount of $1,280,658.12 is 110% of the estimated cost of constructing the required public improvements for Cimarron Center Subdivision. The amount available to the Developer of Cimarron Center Subdivision in the escrow account established by the Developers of Brighton Village Unit 5, Block 1, Lot 3 is $102,218.24, as of May 31, 2009. The amount available from the escrow account established by the Developers of Cimarron Estates Subdivision is $91,961.83, as of May 31, 2009. The Developer of Cimarron Center Subdivision will escrow $1,086,478.05 in the form of an acceptable financial document. The sum of the three escrows equals to $1,280,658.12, which is 110% of the estimated cost of construction. A Deferment Agreement, (Exhibit 1=) between the City of Corpus Christi and Wal -Mart Real Estate Business Trust allows the developer to defer the construction of the required improvements for a period of up to five (5) years from the date the Deferment Agreement is signed and approved. The Deferment Agreement will allow the Developer to delay the construction of the required improvements and expedite the recording of the plat in order to obtain building permits. EXHIBIT A PAG§ g2 The Developer will be installing on -site water and wastewater lines and making drainage improvements to serve Cimarron Center Subdivision. The construction includes a new roadway section of Dunbarton Oak Drive, which will extend from its current terminus to Cimarron Boulevard. The Developer is requesting to install a traffic signal at the intersection of Dunbarton Oak Drive and Cimarron Boulevard. Dunbarton Oak Drive is designated as a C -1 collector roadway requiring a minimum of 60 feet of right -of -way. As part of development and platting, the Developer is dedicating 65 feet to 75 feet of right -of -way. EXHIBIT A PAGE 2 OF 2 -280- Miles 0 0.0450.09 0.18 Legend r PLANNING. CI TYLIMI TS TiDe: Printing Date: 7/912010 Fls: I4:VDEVELOPMENT SERVICESSADDRESSED - RECORDED PLATSSCIMARRON CENTERS 6101 SARATOGABLVO(L_Nlap).mxd Prepared By: KAB Illustrative purposes only Coordinate System: NAD 1983 StatePlane Texas South Fl PS 4205 Feet ® City of Corpus Christi Development Services tqc 414:0 N w © fiN 2444 E a LOCATION MAP M4$ ..41/1(4$. C?.n f] Ra;. 42k erg A(//k, 1'0 40 On_ Ci Corpus Christi EXHt Thi 24 21 0 -r a a, ••••• ••,),•1 .1 " 1' 1 As ;i %, g 4 ll gi I gpi 6 m'A 01 1;11 22 22 R hrg t 1 a A V r a 22 / _ • • - - .2 . 24 4 4 I a • ,e EXHIBIT C Page 1 of 2 —282— - !f; 15;A E5';'.1-0 in 5 411 NT Ve 7:40 _ . . 5.11r4; tsr ItAa.•••■.7 EXHIBIT C Page 2 of 2 -283- 1 O D O z < C= - Dv �C O mm R.1• )2rn > 00 � zc o z � m ozo c co z m�-�ar 1 �On z ,loci 0 ° m z m z 0 z w - grYA61"i o r) 'TIT GIN n W v�� m Z MATCHLINE SEE THIS SHEET EXHIBIT D Page 1 of 2 —284— CIMARRON ESTATES WATER LOOP CONNECTION. MATCHLINE SEE THIS SHEET F:\2154\2154- 021\2154 -021 CIVIL DATA\dwg\exhibits\DUNBARTON OAK DRIVE 6- 2- 2010.dwg, 6/21/20104:41:08 PM, jam, °uilzip PDF Printer 1 0 O O 9 711114 m O z P 101, P -!1Y z 2 z tt m m c3 z m � N m A • y g g � 5r a a,n -n - a S 3 • aye mA m C g b L ° EXHIBIT D c) Page 2 of 2 —285— JOHNSON & PACE 1HCORPORA181'. OPINION OF PROBABLE COST REQUIRED PUBLIC INFRASTRUCTURE FOR CIMARRON CENTER JULY 2010 Unit Item Description Quantity Measure Unit Cost Total Cost SITE PREPARATION AND EARTHWORK 1 Clearing Grubbing, and Cleaning of ROW and U.E. 2 Acre $ 5,000.00 $ 10,000.00 2 6" Topsoil Removal and Stockpile 4,630 C.Y. $ 4.00 $ 18,520.00 3 Earthwork (CUT/FILL/Grading & Compaction Bank Yards} in ROW and Utility Easements 6 225 C.Y. $ 6.00 $ 37,350.00 4 4" Topsoil on Unpaved Disturbed Areas 570 C.Y. $ 5.00 $ 2,850.00 Site Preparation and Earthwork Subtotal $ 66,720.00 WATER LINE CONSTRUCTION 1 Tie into existing waterline 3 Lump Sum $ 500.00 $ 1,500.00 2 8" AW WA C -900 PVC water line 785 LF $ 21.00 $ 16,485.00 3 8" AWWA C -900 PVC water line 1,804 LF $ 25.00 $ 45,100.00 4 Fire hydrant assembly spaced 300 apart 6 Each $ 3,7551.00 $ 30,000.00 5 Fittings with thrust blocking 1 Lump Sum $ 1,500.00 $ 1,500.00 6 Trench Safety (5' -10 deep) 2,689 LF $ 2.00 $ 5,378.00 Water Line Construction Subtotal 5 99,96100 SANITARY SEWER CONSTRUCTION 1 Connect to existing Manhole per plans end specifications 1 Each $ 750.00 $ 750.00 2 8" SDR -26 PVC sanitary sewer pipe 489 LE $ 20.00 $ 9,780.00 3 4' diameter manhole (48') per 3 Each $ 2,500.00 $ 7,500.00 4 Trench safety (5' -10 deep) 489 LF $ 3.00 $ 1,467.00 Sanitary Sewer Construction Subtotal $ 19,497.00 STORM SEWER CONSTRUCTION 1 21" diameter RCP 900 LF $ 38.00 5 34,204.00 2 24" diameter RCP 700 LF $ 43.00 $ 30,100.00 3 Curb Inlet 16 Each $ 3,300.00 $ 52,800.00 4 Junction Box 2 Each $ 3,500.00 $ 7,000.00 Storm Sewer Construction Subtotal $ 124.100.00 ROADS CONSTRUCTION 1 3" HMAC 8,784 SY $ 11.00 $ 96,624.00 2 8.5" Base Materiel 8,784 SY $ 13.00 $ 114,192.00 3 8" Lime Stabilized Subgrede 9,260 S.Y. $ 5.00 $ 46,300.00 4 Pavement Striping 1 Lump Sum $ 3,500.00 $ 3,500.00 5 5' Sidewalk on bath sides of Dunbartian Oak 3,B00 LF $ 21.00 $ 79,800.00 6 24" Curb end Gutter 4100 LF $ 12.00 $ 49,200.00 TEMPORARY DRAINAGE CHANNEL RELOCATION 1 Drainage R.O.W. Preparation, Clearing, Grubbing, and Cleaning 2 42" RCP 3 24" RCP 4 15' RCP 5 Special Type "8" Manhole 6 Type "A" Manhole 7 Type "B" Manhole 8 Back611 Existing Ditches 9 Trench Safety for Excavations 10 RIC Collar at ends of 42" RCP Roads Construction Subtotal $ 389,616.00 0.5 ACRE $ 5,000.00 $ 2,500.00 745 LF $ 95.00 $ 70,775.00 313 LF $ 50.00 $ 15,650.00 213 LF $ 35.00 $ 7,455.00 1 Each $ 8,000.00 $ 8,000.00 2 Each $ 3,500.00 $ 7,000.00 2 Each $ 4,500.00 $ 9,000.00 1 Lump Sum 5 10,000.00 $ 10,000.00 1,281 LF $ 2.00 $ 2,562.00 2 Each $ 3,000.00 $ 6,000.00 Drainage Channel Relocation Subtotal $ 136,942.00 TRAFFIC SIGNAL CONSTRUCTION 1 TRAFFIC SIGNAL WITH INTERCONNECT BETWEEN SARATOGA AND BROCKHAMPTON 1 Lump Sum $ 150,000.00 $ 150,000,00 Traffic Signal Construction Subtotal $ 150,000.00 SUB -TOTAL CONSTRUCTION COST = $ 990,838.00 10 %CONTINGENCY + $ 99,083.80 (7,5 %) ENGINEERING + $ 74,312.85 TOTAL PROBABLE COST + $ 1,164,234.65 + 10% ADDITIONAL (CITY ORDINANCE) + $ 116,423.47 SUB -TOTAL DEFERMENT = $ 1,280,658.12 LESS May 31, 2009 ACCOUNT BALANCE FOR 263026.4730 -21606 - $ 102,218.24 LESS May 31, 2009 ACCOUNT BALANCE FOR 261029- 4730 - 21367 - $ 91,961.83 TOTAL DEFERMENT = $ 1,086,478.05 EXHIBIT E 411r>n ':;c [nw'SI S_Ul rrx:,a'senr ^.rr.,.- ;30;63 ..o4e: ,,,7•:axsrn r,.: nos -i „Lug „ = +p:u -,a. „,u 11'Il 1'im, w. 1491 _286_ 25 AGENDA MEMORANDUM City Council Action Date: August 17, 2010 SUBJECT: Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets (Project No. 6259) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Bay, Ltd. of Corpus Christ, Texas, in the amount of $1,309,233.30 for the Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. ISSUE: This project will provide for necessary street and drainage improvements on Helen and Theresa Streets and will increase drainage ouffall capacity. This project was originally designed through the Community Development Block Grant (CDBG) Program, and included in the Bond Issue 2008 for construction. On July 21, 2010, the City received proposals from six (6) bidders (see Exhibit "C" Tabulation of Bids). The Base Bid ranges from $1,309,233.30 to $1,519,976.35. The estimated cost of construction for the Base Bid is $1,699,776. The City's consultant, LNV Engineering and City staff recommend a contract be awarded to Bay, Ltd. of Corpus Christi, Texas in the amount of $1,309,233.30 for the Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. FUNDING: Funding is available from the Bond Issue 2008, Community Development Block Grant Program, and Capital Improvement Program Utility Funds. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Tabulation of Bids Project Budget Location Map PowerPoint Presentation Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean(cctexas.com H:IHOME1VeimaP \GENISTREET\6259 HELEN AND THERESA PHASE 2B \CONSTIZMN\2 AGENDA MEMO.dac AGENDA BACKGROUND INFORMATION SUBJECT: Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets (Project No. 6259) PROJECT DESCRIPTION: This project consists of the construction of street pavement, 1,250 linear feet of 5' X 5' concrete box culvert, curb, gutter, sidewalks, ADA requirements, driveways and utility improvements (water and wastewater) in accordance with the plans, specifications, and contract documents. BID INFORMATION: On July 21, 2010, the City received proposals from six (6) bidders. The Base Bid ranges from $1,309,233.30 to $1,519,976,35, The estimated cost of construction for the Base Bid is $1,699,776. The City's consultant, LNV Engineering and City staff recommend a contract be awarded to Bay, Ltd. of Corpus Christi, Texas in the amount of $1,309,233.30 for the Base Bid for the Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. CONTRACT TERMS: The contract specifies that the project will be completed in 240 calendar days, with completion anticipated by May 2011. PROJECT BACKGROUND: Helen and Theresa Streets are in poor condition due to the aged infrastructure. These two streets are located in an older area of town and are characterized by inadequate underground storm water capacity as well as curb and gutter sections that have sunken, cracked and rolled, resulting in ponding water. This project will greatly assist in alleviating problematic drainage areas within the project area. H:1HOMENetmaP1GENSSTREET46259 HELEN AND THERESA PHASE 2BICONSTFgg�N\3 AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets (Project No. 6259) PRIOR COUNCIL ACTION: 1. February 11, 2003 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering in the amount of $122,200 for the Area Street and Drainage Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz) (Motion No. M2003 -053) • Evelyn • Helen • Theresa • Ross • Woodland • Southwood 2. February 11, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Consultant Contract with LNV Engineering in the amount of $87,200 for Mansheim Area Drainage Improvements Project (Motion No. M2003 -054). 3. August 26, 2003 — Ordinance appropriating $182,667.76 from the unappropriated interest earnings from Water 1994 CIP Fund 4082; and appropriating in Water CIP Fund 4082 for the Sunnybrook/Evelyn/Gollihar/Kostoryz Area Street and Drainage Improvements Phase 1 and Mansheim Area Drainage Improvements Phase 1A; amending capital budget adopted by Ordinance No. 025144 by increasing appropriations by $182,667.76; and declaring an emergency (Ordinance No. 025458). 4. August 26, 2003 - Motion authorizing the City Manager, or his designee, to award a construction contract to W.Y. Young Construction of Corpus Christi, Texas, in the amount of $1,534,163.65 for the Sunnybrook /EvelynlGollihar /Kostoryz Area Street & Drainage Improvements Phase 1B and Mansheim Area Drainage Improvements Phase 1A (Motion No. M2003 -305). 5. June 8, 2004 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with LNV Engineering in the amount of $107,650, for a total restated fee of $229,850, for the Area Street and Drainage Improvements along the following streets: (bounded by Sunnybrook, Evelyn, Gollihar, and Kostoryz) (Motion No. M2004 -214) • Helen — Stage 2, Phase 2B • Theresa — Stage 2, Phase 2B H:\HOMEWeImaP1G €NSSTREET16259 HELEN AND THERESA PHASE 261CONSTRUCTIOIQW`PRIOR PROJECT ACTIONS,doc EXHIBIT "B" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION: 1. February 20, 2002 — Distribution of Request For Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2. March 13, 2002 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3. March 15, 2002 Addendum No. 2 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4. March 26. 2002 — Addendum No. 3 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 5. March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 6. September 1, 2009 -- Administrative approval of Amendment No. 2 to the Contact For Professional Services with LNV Engineering in the amount of $13,100, for a total restated fee of $242,950, for Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets. H:4HOMEWeImaPSGENISTREET16259 HELEN AND THERESA PHASE 2B\CONSTRUCTTOfl49'2OR PROJECT ACTIONS.doc EXHIBIT "B" Page 2 of 2 a1 Z FY • W l V O N i LL 4 m a. az W . 1- z a 3 G E a z 4 a � x a 2 o° m °o 0 00 N 8 0� 2 N 0 °a 2 N A 0 0 0 SP 00 8 0 8 N 8 0 01 N 0 0 '0 A 7 A a a h m 0 3 6 N N N 0 Q 8 1O N, ai N R m 2 a N 0 5 IS 8 n 0 n a• N en co N 8 ri 44 ✓i 1G ar 0 8 0 N 2 Iri N N 0 R ri N N fV N 8 2 rri N 0 04 rmi N N 0 Q N a N 01 P m m to ai m 04 N QI ` C b 0 m N N 44 w 2 P K N 4 ry 8 to- m 1C a M 6 0 N 0 N N ri a 2 01 67 N 0 Vi 0 2 8 IC 0 1. n 0 2 IG N O N 2 rn rn N ri rri N N N n m m N 0 0 0 0 N 8 N CO CO a N N N 2 r';;; 0 .o+ o m 2 21 n N N, LO ID M1 0 N N =0 ei N 0 m 4O N N .0 .. a La 16 LI 8 N a, 0 N 0 0. gg N N, a 0 N W 0 4,N 82 m o a NN D N N ID 01 N 0 8 ti N 22 m m N,N N ton a e N N, AP '4L1 N N g6 am 0 0 N 0 00 a 8 qq0 n in NM Ln a N N a 464 4 6 'l N 0 .7 m N 0 6 Ili Y S 0 2 f0. a 8 2 1 R 4 01 m m 3 S N m N C c S N N m 2 3 0 N1 0 a VP N N 8 N r°1 api a 0 01 N 2 8 m N mN to 0 N 0 0 3 d 6 8 a 0 a 2 0 N 2 m `ry e mN N 2 b N 8 Q N 0 N N 0 8 a 40 ti 0 N m Ts' NI 2 N NI 6 N m ID N, r1 5 N 0 N 2I NI 8 ry O N 0 N, Trs N 2 7 ai 8 m N 2 N N 2 0 N H n ti 2 IV N 2 N n V} 0 0 2 N N ti N S 0 NI N 8 N a +n N 8 N 2 a 0 0 N Ln d m N 0 n 2 2 ti N 8 N OI N N8 O 0 01 N Id a +n 00 0 8 r tG IG a 0 01 0 N 8 N 0 00 8 S 0 m T N 0 0 a n Lo m ID N in 0 84 N N O N N g'. Iai' 8 0 2 04 N 0 44 ID 8 N N 0 ..7 0 1 .. q6 2 O 01 3 4 2 3 44 w n 8 R A a O O N m m ti m as 4 a a n a N 2 8 kA N eri N v N 44 IA 44 46 VI VS 2 00, 2 N n N 8 tzi rn LA VS N N W N 0 2 44 46 VT ro Lei 0 N N N m N rv VS 16 2 Ln 14 L-11 m n H N ✓ S Ln 00 0 0' 0 m nP 2 2 Om am 16 16 16 VP ID N 8 sh 8 mad 01 VI 8 2 m ri rsi V. RAW oo N a1 N V. LO gam 14 46 111. 0 2 2 N VP ggiA oo N oram ouso 44 44 Street Excavation 0 E 5 0 al eg 0 2 8 2 LIE EBE 2 N 5 r N SO m m 01 gl EM gg OONLACili mmorolm Pe 02 22 ggegggFagg 42s. Saam 306.0 BII xasrruIllizs P0 m Page 1 of 3 A U 7 a. Q.' 80 V Et GL y O U Z me Z W 0 1- z w 2 6 W 0 M1 A agq • F N 9 N ▪ N m ▪ Ce a 41 55Z w w S 44 0 v `e Eo E wx d is 4.° p ao go 5 D i rr; m g e $e ppy O U p U d E' �Inem bm w S 0 N a in ° yy u� Ili N 4 in a u°i o N „ 14 u s°am � o .•1. an in °Q ni m .1 u in �o rime co m u u m u vi v� 1/i in °o,n °J i m 1 an oa_ogcmry �n o°So- n Q ry us in a o° o M N m n m N in in an W,m.R1 n ry m W OS 11 rFQ 441/) N nS ,�°.� ri m N to in. v m N n in 1h n um� N VT =IA °°,a a o •. 0 44 11) n im ' - - - - - Nil YI �r. 4 4/^) i �D ' .4 X1°°.4 S ul �1 Obi Q -44 °Q,' io N fin in �q N a N O Z w i iu W a m C u4an M Q .� 444ananN44 ,9 4n., m Q .1 m m Q H ImO_ 0 m ry is.; ui ". m rum 1444(4 m m p� .[ a m N n ib N m m ti.y uuu lt b gl m o m 4 4 ii 4 444..4 m g e m .mi 6N1 .r 441 N O N S bid IY N iiiiiiiiiil 88$888824288* y n w `�a+yn co �� {1 h F0 .1 g p uuuuu}uNas C °n `� f0 ti !+T 44 Sn n lG an in °° � rF in 1!s ��SS �''°^NSN`a m V in °o, 4n°mn,eS� N in ih °°oo° oS° Oi .vi m in in in ° ry 10 US 41)1M1N °°,g NbS .1 NiR - g mw ri uuu So n °g Q 'O' °° 01,02"84 5 1 00'66 $ 4$ 9,560.00 $ 38,240.00 $ 345.00 9 2.070.00 411111. iiiiil 9 r°4 4 00'005 S 00.005 $ N 4� G 4 Y; ° wNm 1 �_[� �m 0. 444Tan $ 957.00 $ 1.00 $ 22.30 $ 3.20 1� rtj ry an444vs4u 4i� Q us n g O mq 4d o G .y °q A Qn MM $ 1,258.00 $ 580.00 $ 4,525.00 $ 8.50 1,567.00 $ 1,020.00 -$ 3,045.00 $ 0.55 g 0 m v�mNrvm it ananu4441/)44444/) 0 0 S g Oi m g 0 $ m ti pan 0 o �°n construction lox 1028 t, TX 783E2 TOTAL PRICE $ 9.599.35 ° '4'21 "�, .i m ni < 4 4 4 44 $ 24,564.401 $ 740.85 2 o ��ammq n .a an an �°n °q a 4 an o, B .i an w °o amSm4.wmmasnnvm ui in °n, n ,°i °o °m r.4 .b1 .Ni m 14 4 i4 4 14 °° °m °b 44C 44 an 44 �°n 8 .4 N °m, °x$o u 44 °Q, ^ m u u n b°, .,SS ui of u °° ,ti i4 iiiiiiiiiiii iiiiiiiiiil tapi,, O, Z U 2 a as in $ 1,364.60 $ 2.45 $ 2.45 $ 335 $ 14.15 $ 1.65 D N ''-'5.,..i.8 nWm u 4 pp u u u up M u m ONI, N n m M b .ni m n q .i vi w u u 44 4 4 Op O b ,i .F m U 4 4 o4 0 i°p r a ti an 4 N O°i m ry 44 44 y n S°o 44 4) YNt rl pO o b .i ti N4 4 $ gm .°i in m an onatructlan rlollrater TX 77080 TOTAL PRICE $ 12,000.00 8 8882 p 1°n ,°°-� 4 .°n . Imp .NNi .: m 44 44(4(44414(4444444(4(444(444(4(4(4444444441444(414444444 °° ° S uNni ai .i f$ 4,000.001 $ 200.00 °°, aS ni 3 4 °, °b,og$ 082.6 ° ry m b N Q 1444 a a ry °°girygp� 1+ D .Ni N D .ml .i a ° °, ?4 g m ° N O 4 °°, So S a c o °° 4S 00-0081 $ I 9 16,aoo.00 $ 12,600.00 $ 1,800.00 $ 5,000,00 liii - g$ N 44 .4 Reytec C 1901 Houston UNIT PRICE $ 12,000.00 ° b $°a°N� .ima ry 4 an 4 an an an bgoo m.N4°0S 4 an ° a v an 4 $ 3,000.00 ° o ° oao°�aq ggamaS m TF 4 4 4.. 4 4 $ 900.00 $ 2,000,00 $ 0.10 °°�,° 4 N o° ° -i mig+ 4 4 °°, _ _ 4 _ °°, _ Sc °m, N 1MPROVEMENTS. - _ - _ _ 8" Pipe Bursting ' $ 36.50 1 $ 45,114.001$ 36.44 1 $ 45,039.84 $ 50,00 4' Diameter Wastewater Manhole (Fiberglass e5'} I$ 4,200,001 9 16800.001$ 6,475.891 $ 25,90356I $ 7000,00 Extra Depth for Manholes (>6') $ 375.00 1L $ 2,250.00 $ 406.05 I $ 2,436.30 $ 220.00 Remove Exist 4' Diameter Wastewater Manhole $ 1,000.00 $ 4,000.00 $ 361.68 $ 1,446.72 S 450.00 Exploratory Excavation Trench $ 35.00 $ 1,750.00 $ 14,05 _yFSt�j�rry z>;$pl $ 100.00 Wastewater Utility Allowance $ 10,000.00 $ 10,000.00 5 10,000.00 9 1000000 $ 10000.00 Traffic Control (Wastewater) $ 3,000.00 $ 3,000.00 $ 2,480.00 $ 2,480.00 $ 1,000.00 ASTEWATER IMPROVEME NTS(DEM El,THRUEII): .:- $. 116,1130.00, ...E1F?.�i on) . °o N Big & Const Idwln Blvd istl, TX 78406 TOTAL PRICE m° O VI pQ n O; ° h � m N e, O nm N m IG O m ry rinamni Q ls{nryc N- m '±,y`. a Q° N n .ni .ei m � nT _ 1$ 38,342.15 $ 34,242.20 S 2,752.64 $ 629.44 $ 8,067.28 $ 2,787.50 $ 17,913.00 m m v aa5� O b LS W m SU. 44 44 44 b n0 � T m Q 44 14 a -• N n .. a ipp4 0 M� a h 11 1n n - rve n7 14 8.20 $ 5,674.40 �$ 331 $ 36,$33.68 y n trymN } ain pOt N Q � >m m OI . N p Q .T u 4uu in in n O N n in in N N n n 4444 b - N_ � � � N D m m m ry qm o w4"14m m.+md 4444444444 tb � i0 N .mi $ 892.80 5 489.04 N 4mr1 W pO�� O! D V° '�.Q+°av p � S O .°i q $ O ry C m g Q w m � � � m aL _ . G 44444444 pp S 4b11 0 g a g h g rn 1p m m� m N m g g ° 4mn, ei 4444 g g ° 4i��$ W IMETEMILI 00'OBD S 4 o g c G b *n Sty !,1 tJ 4D LG mN 4444 uanuuuu4 �nn g 0 N Aso rdm N n• p S g O HI ° m.1 mri O . .h O ° .r ,w an4 . 0 O O a 4.i ti an44 . 0 O 1)1 b� 1414 4411) 0 ti 84 '� ry 4n N N d 4 h g m U $ d wo u �: an $ 700,00 5 2.50 $ 20.00 $ 6.00 $ _ 4.00 $ 2.00 SS° rib6$ ..4444 °,S$ g °ogo°° SSS� 44444444444444 °°, ° °°°, ri8bri°ab an 444444 ET& DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS PROJECT NO. 6269 DESCRIPTION Type M Manhole Remove ExLHUng Drop Inlet Trench Safety Groundwater Dewatering Televised Inspection Reports Erosion Control by Sodding Silt Fence (Construction Exit (Type 1) ;Pavement Repair u as m o ? % L5 )Traffic Control (Storm Water) i C- DRAINAGE IMPROVEMENTS (ITEMS CITHRJ C1): 8" Fittings (45 & 11.25 Degree Bends) 8" Gate Vah'e (w/ Valve Box( 8 "x8" Tee Fire Hydrant Assembly with 8 "x6" Tee Grout FBI Abandoned Waterlines 1" Waterline Service (>20') 1' Waterline Service (<20') Connection to Exist Waterline Trench Safety for Waterline Adjust Existing Fire Hydrant 8"84" Reducer 4 "x2" Reducer 4" Plug 1111 8" Plug Exploratory Excavation Trench (Exploratory Excavation Spot Water Utility Allowance Traffic Control (Water) I rATE1111NPS.(FTEIHS 01THRU 019) • li • {SUR -TOTAL PART F- ADAJMPROVEMENIS PEW FITHRUF2)t ..• 5 z 55 n t L � sn 55 a6 aw w 5 g6 5 d1 , 4n n - - ~ 0 ~ H .i .M1 M N `Fqq . 6 °n .N it W 1 N 1181 e ! W C ry 4 u fe . + V V U rimac V u .i dig U P v C A o no ab o O a n« " a a ri A M _ —294— EXHIB T "C" Page 2 of 3 • The highlighted areas indicate an error In an extension which did not affect the low bid. The totals reflected here are the Unit Prise x Qty. Section B-2 -7 states, "The unit price shall govern over the amount." aN N 8 x 0 0 _ m G n0 i i5 l 0 2 mE mw F Z 0 6 0 h a 0 mimmse W • A M o al, a. R p . q ✓ n n M1 co • 10 N sn in ;Y%i v> in + h ei n Q 0 x $ m m ut e o rd od ry Vl N i74 N 174 N + ryrry ▪ D n W N = 0 Npp p n C N h fO ?.:1 umi �n . i iff vry N 410 iR L! °o o in 0 0 R 0 m o oma ' rn mFt $ '` b 5 Qi N N N i74 N .h m Igen- 0 co d a 0.e z U � a $ 1,413,456.20 °n n 2 % S o m N a ■ a N N 74 N i7) N N HELEN STREET WORK (ITEMS Al THRU A21): THERESA STREET WORK (ITEMS R1 THRU DRAINAGE IMPROVEMENTS (ITEMS Cl THRU C21): WATERUNES )ITEMS 01 THRU DI9): ATER IMPROVEMENTS (ITEMS El THRU Ell): ADA IMPROVEMENTS (ITEMS F3 THRU F2): p F H F a F O O O H • V, 7 a- a- N H —295— EXHIBIT "C" Page 3 of 3 PROJECT BUDGET AREA STREET AND DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS (Project No. 6259) August 17, 2010 FUNDS AVAILABLE: Street CDBG $62,000.00 Street C I P 831,150.55 Storm Water 739,903.50 Water 109,956.25 Wastewater. 116,830.00 Total $1,859,840.30 FUNDS REQUIRED: Construction (Bay, Ltd.) (Base Bid)... $1,309,223.30 Contingencies 130,922.00 Consultant Fees: Consultant - (LNV Engineering) 242,950.00 Testing - (Geotechnical & Material Testing). 26,184.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 36,004.00 Engineering Services (Project MgtfConstr Mgt/Traffic Mgt) 45,823.00 Construction Observation Services (not included in Consultant Services) 45,823.00 Finance Issuance 16,365.00 Misc. (Printing, Advertising, etc.) ....... ........ 6,546.00 Total $1,859,840.30 HAHOMESVelmaPSGENSSTREET)6259 HELEN AND THERESA PHASE 2135CONSTRUCTIONAB PROJECT BUDGET -296- EXHIBIT "D" Page 1 of 1 File : \Mproject councilexhibits \exh 6259b. dwg 3VUECTS may CORPUS C3-(RxSr' BAN AGNES CORPUS CHRISTI INTERNATIONAL AIRPORT PROJECT LOCATION McGLOIN RD. LOCATION MAP NOT TO SCALE PROJECT # 6259 SITE PLAN NOT TO SCALE EXHIBIT "E" AREA STREET AND DRAINAGE IMPROVEMENTS PHASE 2B HELEN AND THERESA STREETS 207 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 DATE: 06 -17 -2010 • 0 E a . r. a) co E C (/i • — Ca N L w CI sal "0 s ea Elma au w au w L = Elma cn CO N Ca w CD N L CD s a (Project No. 6259) C 0 c 0 a, 0 0 N C c. bO Q CD 0 o E J V V CD CD V 0 0 0 a. 0_ I1 © to V C V a-• CD 0 CD 2 = a. o 0 0 c 0 0 V 0 0 0 0 E 0 0 0 0 0 L 0 0 E o 0 E 0 cu E o o x o Cr) t © x 0 E E cu 0 L E o E 0 1- 0 0 Q I0 0 0 Nnr )VW HdV HVW 8Dd Nvr °34 )VW HdV HVW 8Dd Nvr °34 AON 100 1d3S env inr 3' d alb O ca) -o coo cam —o +r U o= ' 0 I o iE U0- () O O aN-c = co 0_Q c m O 1.0 O 1.0 O O 1.0 1.0 N O O O (Y) O O O O in co N O a)' co co co o O co co O O Lf)' co ,309,223.30 0 LU!J (6 : m rn a' O U1-1-1 O ) L O) c z c c u- 0 0 (Consultant Fees: 242,950.00 O) c a) a) c 0 O W z J c (6 U O 0 0 O O' co (N a) co o U c U a) O a) a) 0 0), c a) a) a) O O O O O O 0. O 0. O co co Lo O N N CO CO �' CO CO- • • • O• ' -o O) Q 2' Q' o 2' (3 Q O c a) a co 2 0) O a) U o' • " C O (▪ ID) C a) U) Q c ti as a O O c U uJ U a) U' a) U)' c (13 U c 0 U' c a) c' 0 c (.0' a) U 2 a) U) c O a) U O O U O O U 859.840.30 • 0) : c • u) • ,; -o U Q ( (6 O U, U CL O • • 2 H ti w N in OA 4-1,_ 46 c a) ..sz ecTI E 0 L N Q > 41 "0 I- s C ca E co +ma cu c w — .I _ N m CD N w L � s a o MOW MO I w 3 W Z Z 0 I- 0 W (1) ri CT- E�- J wEI 4 t./1 6 f ti a M W MOB MO I PROPOSED TYPICAL SECTION HELEN STREET zi be a SV N PROPOSED TYPICAL SECTION THERESA STREET 26 AGENDA MEMORANDUM City Council Action Date: August 17, 2010 SUBJECT: Mansheim & Helen — Gabriel to Kostoryz & Sunnybrook to Gollihar (BOND 2008) Project No. 6491 / CIP No. ST 35 Mansheim Area improvements (CIP FY 2010) Project No. 7397 / CIP No. WW 29 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Reytec Construction Resources Inc. of Houston, Texas, in the amount of $6,890,519.50 for Mansheim & Helen — Gabriel to Kostoryz and Sunnybrook to Gollihar (Bond 2008) and Mansheim Area Improvements (CIP FY 2010) for the total base bid for Part 1 and Part 2. ISSUE: This construction project consists of a voter - approved Bond Issue 2008 project (Part 1) and a CIP wastewater improvements project (Part 2). Part 1 is the Mansheim & Helen street improvements project. It includes the rehabilitation of Mansheim Boulevard from Gabriel Street to Kostoryz Road and the rehabilitation of Nesbitt Drive from McArdle Road to Gollihar Road. Part 2 consists of the Mansheim Area wastewater improvements. This project is part of the life cycle program to reduce inflow and infiltration and potential manhole failures within the Oso Water Reclamation Plant basin specifically along Mansheim Boulevard. The project has bid and Council approval is required in order to begin construction. FUNDING_ Funding is available from the Streets, Storm Water, Water and Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361/826-3781 petean @cctexas.com Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Maps (2) H: LHOMEVRache JIe1GEN%Streets\6491•Mansheim 8 Helen\Constr"ctien (and 739DArd1Mjno.doe AGENDA BACKGROUND INFORMATION SUBJECT: Mansheim & Helen — Gabriel to Kostoryz & Sunnybrook to Gollihar (BOND 2008) Project No. 6491 / CIP No. ST 35 Mansheim Area Improvements (CIP FY 2010) Project No. 73971 CIP No. WW 29 PROJECT DESCRIPTION: This project consists of two projects that were combined in the bid process as follows: > PART 1: MANSHEIM & HELEN - GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR (BOND 2008) (Project No. 6491): Consists of the rehabilitation of Mansheim Boulevard from Gabriel Street to Kostoryz Road including the removal and replacement of approximately 3,000 linear feet of 38' wide street and all existing storm sewer, wastewater and water infrastructure. It also consists of the rehabilitation of Nesbitt Drive from McArdle Road to Gollihar Road including the removal and replacement of approximately 2,600 linear feet of 28' wide street and all existing storm sewer, wastewater and water infrastructure. PART 2: MANSHEIM AREA IMPROVEMENTS (Project No. 7397): Consists of the rehabilitation of approximately 14,850 linear feet of existing vitrified clay pipe (VCP) wastewater main by pipe bursting; installing approximately 1,200 linear feet of new gravity wastewater main; and rehabilitation and installation of manholes and replacement/extension of existing wastewater services. BID INFORMATION: On July 14, 2010, the City received proposals from three bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $6,890,519.50 to $7,389,880.90. The estimated cost of construction is $8,556,759.75. Reytec Construction Resources Inc. of Houston, Texas, was the apparent low bidder at the bid opening on July 14, 2010 with a bid of $6,889,419.50. After review of all the bids, one error was discovered in the Reytec bid, which increased the bid amount by $1,100, but it did not affect the low bid status of the contractor. Reytec Construction also properly submitted the information required in the specifications. City staff and RVE Inc. are recommending that the contract be awarded to Reytec Construction Resources Inc. in the amount of $6,890,519.50 for the total base bid for Part 1 and Part 2. CONTRACT TERMS: The project is estimated to require 540 calendar days, with completion anticipated in April 2012. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. H: IHOME4RachellelGEN45tree1s46491- Mansheim & Helen4Constructian (and 7397Msepdyeekground.doe EXHIBIT "A" Page 1 of 2 The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure, H:I HOMEI RechellelGEN \Streets16491- Manshelm & Helan1Construelion (and 7397 )AD rgackground.doe EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Mansheim & Helen — Gabriel to Kostoryz & Sunnybrook to Gollihar (BOND 2008) Project No. 6491 / CIP No. ST 35 Mansheim Area Improvements (CIP FY 2010) Project No. 7397 / CIP No. WW 29 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. March 24, 2009 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $653,945 for Mansheim and Helen from Gabriel to Kostoryz, Sunnybrook to Gollihar, and Johnston Drive from McArdle to Sunnybrook for design, bid, and construction phase services. (BOND 2008) (Motion No. 2009 -069) 4. June 23, 2009 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $534,830 for 2009 CIP Mansheim Area Wastewater Improvements for preliminary design, design, bid, and construction phase services, and additional services. (Motion No. 2009 -179) 5. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. May 1, 2009 — Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Rock Engineering and Testing Laboratory Inc. in the amount of $14,500 for Mansheim & Helen — Gabriel to Kostoryz & Sunnybrook to Gollihar. H: IHOMEYRachella1GENlStreets10491- Mansheim & Het en1Construct €on (and 7397)LPtjprpr tact Actions.doc EXHIBIT "B" Page 1 of 2 5. January 11, 2010 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $48,500 fora total restated fee of $702,445 for Mansheim & Helen — Sunnybrook to Gollihar to remove the rehabilitation of Johnston Drive (Sunnybrook Road to McArdle Road) from the project scope of services and add the rehabilitation of Nesbitt Drive (Gollihar Road to McArdle Road) to the project scope, as well as add drainage improvements and street overlay improvements to Helen Street (Gollihar Road to Sunnybrook Road). 6. April 27, 2010 — Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Govind Development, LLC in the amount of $48,750 for the Mansheim Area Wastewater Improvements project. EXHIBIT "B" Page 2 of 2 1-1: IHOMEIRachallelGEN45treets16491- Mansheim & Helen Conatruclion (and 7397)P6o r PPje t Actians.doc Base Bid: $ 8,556,759.75 0 O N co r F W fA � F W • W 0 • mw a. 0, LLB N in 0 0 m o u Q 0 � U O_ y Lo/ aw z Z u W d Lo r z uJ 2 ✓ a 0 m ▪ os O 'a° N J 0 p< C S J 61 .- N m L U0 O a S t c 0 O 0 o C O +, O i 2Eya o __%� o , u G 0: 0 0 O co G C Q1 GS O 0 0 f7 ili c F. 2 O �p 2 co Tmr0 IV zz Z �O UWZ4' V�ti 4I J 0 V W^ 0 a0 z0U • to S 4Y am �i- Z 0 O H La mJ a 00 F o Jo W F F 0a 4„ a aw 0a uL 0 0. a J i F 0. F 0 z 0: DESCRIPTION 2 H 1 J 0C 00 zi, z o 07 0 v J Z zz a� I W re =O Z r co � Y Nw ,f1 re a 0.. 0 0 O 0 0 G9 O 0 O 0 0 G9 0 O O O G3 0 O N e► O Ci 0 0 O N $ 25,000.00 1 $ 0 00 O 69 0 0 O 0 vi 69 O O 0 00- 0 N $ 20,000.00 1 $ 0 0 O I0 0 0 G9 0 0 eO 0 0 O 0 0 I0 G9 0 0. 0 0 d 8 U7 0. O 0. 0 0 E rn ?: a E 3 L 0 O 0 0 Traffic Control, complete and in place per Lump Sum. CO 0 0 O 0 0 0 LS Exploratory Excavation, complete and in place per Lump Sum.11 $ 30,000.00 1 $ 0 O O 0 US 0. 8 n c v C 0 0 v 0. 8 0 0 } SUBTOTAL PART A (ITEMS Al - A5) STREET IMPROVEMENTS O N 0 e9 0 N CD 0 O e► 0 aD 0 G) 69 0 69 G9 O O N e9 17.25 1 $ 209,587.50 G4 69 8.30 1 $ 100,845.00 e9 G3 12.00 1 $ 176,040.00 11 $ O I CO 0 [o e► 0 t0 GO 0 h v n e3 1 0 69 O O ai N OS O fig O 0 G9 0 In co 0 v G9 0 N G9 O 0 64 , 0w 0 69. G9 0 0 N G3 0 O O tD 0 e► e9 0 0 r $ 182,250.00 11 $ O 0 e9 CO N GO 0 O ti 0 ei UI n m 0 a -o a 0 a E U O O v 0 } } L11 m 0 5 8 t 1 0 0. 8 d C 0 0 Q 8 0 0 a LL a SF 'Remove Driveway, complete and in place per Square FooL Q. 0 U 0 0. G c co 0 O. 8 U O m G 0 0 as 0. 2 • • m • } E O1 3 NCO } 0 O CO G9 0 ID f0 G4 0 12.00 ( $ 145,800.00 11 $ CO 0 O (. M O N 74,074.00 II $ Gi 0 GO SY Seal Coat, complete and in place per Square Yard. N 0 0 o t ( L a1 16 as GUS m J ca m O s 0 • 0. B L C 7 Uf C4 US 0 co U O 00 N -J 0 m 0 v n H O CO- 0 I0 N a r 0 N CO o) m m 1) m co m m m 0 m —316— EXHIBIT "C" Dori. 1 of 17 1- 0 CO m m esi a co T a. W W Z H H W W W re a m W co a. CO 0 m � a° O z� o, z m1w Fz 0 Iv u W o a C z W 2 co < Wn a. 0 W ac a „ 50 Ga a2 am` dm 0 } m a- 0 0 F LL s0 W a a 8 m d F 0a g F�ox0 E gi m 0 m 0 a 7 o M 0 4 7 0 0 oCa 0- � (m,�zz zu6C) 0.1 CO 10 wo: O <QY -J W 0 W 1 0 0. ra O O I4 (0 O O M CI N O 0 O O n r C CO (0 0 N cry 0 0 0 N J W orX 0m v_ N 0 N 0 0 (0 0 0 0) w4 O O N n N W zE 0. a uj v rt 1- 0. W _ t., a DESCRIPTION n 0 0 0 0 N N 0 CO 0 0 (.4 N N 0 0 0 0 0 0 C) 0 0 0) 0 0 0 0) (D n '() U) O '0 rT- O CO O M O N 0 O O N 1` z 0 LL E Q 8. CO 0. N 4) 4) 0. 'c 0 w O d m a W 0. v 0 4) 0. E 8 a 4) iL 0. U (4 0. 0 4, 0 a 4) 1- (4 } C. 4) 0. E O E N 41 0 o co e co 4) LL 0 m 4) a LL C 0 0 CO CO CO O 44 44 0 ID O 44 (A 44 0 N N 44 44 44 a 44 0 v 49 0 0 44 'n N (0 (D •' 64 0 0 CO C) 44 0 (n vi 0 0. 8 a 0 a: 41 a. E 8 LL 0 M Q) 0 (', N 2 1- O M (() C —317— CO O) ADA IMPROVEMENTS LL a) plate and in place per Square (�) o. E (4 LL LL 00 (0 s 4) N CO N DRAINAGE IMPROVEMENTS O O (0 (0 N CO rt- 0 (9 O 0 O v N 00 N 0 0 0) 44 0 a N T 0 0 CO O 44 a 0 0 0 v_ O 0 0) 0 0 00 0 O 0 N non L'. c (4 4—) a 8 0 4) 0 LL 0. a 0 E 8 11 41 0 N O ID O ti N ri fO m N CO N m EXHIBIT "C" Page 2 of 12 n of CO h CO h CO In W ID In Haas- Anderson Construction, Ltd. 1420 Holly Road Corpus Christi, TX 78417 -2008 TOTAL II pRIrF o O $ `n • 4.3 o o a 85 o 0 ao 64 0 0 o o 69 o o in m r 403. 0 m in r fA 0 0 o vo 4) 64 0 0 o o 0) 14 0 C7 a I°cJ 0) 64 0 o o I) 0 69 0 O o m 16 64 II0011S6'Z $ O 0 o co, 69 $ 51,660.00 $ 25,776.00 $ 647.00 O ° m m V3 UNIT PRICE O r � • 64 O .- 64 O r 64 0 0 so co 64 $ 55.00 U O EA 00'01• $ 0) 64 i' $ 82.50 q0 I`Dy 69 0 r 69 0 u0'J d) N v3 O 4°) 0 N 64 O 0 co N V) $ 537.00 $ 647.00 $ 552.00 Berry Contracting L.P. DBA Bay LTD P.O. Box 9908 Corpus Christi, TX 78469 Qw O(D I- a $ 17,850.00 $ 27,000.00 0 0 C) E9 0 O 00)� h 69 0 O 00)_ V to $ 23,344.00 0 N CND) N 69 0 o o N 64 0 q O N 0 o N- fn .= 69 0) 0 rj N n 14 00'001.'1. $ 0 o C07 r r9 p o 7 r 69 $ 31,200.00 $ 350.00 0 0 a r C'1 64 UNIT PRICE 0 O 4'1 C7 6j 0 O q ICJ -• 64 00'05£ $ 0 O q M N 63 q O in t- f9 $ 8.00 0£'4 $ 0 q O N 69 $ 45.00 0 O 69 0 O N 69 0 o q r r 89 o q O [+] - 64 O 0 0 CO 64 $ 650.00 $ 350.00 0 O 1°CJ I") 83 Reytec Construction Resources, Inc. 1901 Hollister Street Houston, TX 77080 -6803 TOTAL PRICE O O O r IA !9 q O O ? 47 b3 q 0 D7 69 q 0 0 " 64 o 0 L•) I•'i t9 O 0 O a T 64 q 0 O N 85 Ef3 O 0 0 47 69 I $ 42,000.00 O o N a 0) (4 o 0) M 64 0 O O r E9 0 0 O O N r 69 O q O 0 N to (J3 $ 9,600.00 $ 350.00 O 0 0 O N 64 UNIT PRICE O 0 CO ° d3 O 0 00 0) H3 O 0 r H} O 0 q0 10 C 63 O 0 r t9 O 0 ){) 14 $ 6.00 $ 450.00 O 0 O 63 0 0 W 63 O O f9 fl 0 0 69 O 0 0 N t9 $ 900.00 $ 200.00 $ 350.00 O 0 0 0 07 6s PROJECT 1 MANSHEIM d HELEN (BOND 20081 GABRIEL TO KOSTORY2 S SUNNYBROOK TO GOLUHAR CITY PROJECT NO. 6491 PROJECT2 MANSHEIM AREA IMPROVEMENTS CITY PROJECT NO. 7397 DESCRIPTION Manhole Extra Depth, complete and in place per Vertical Foot. Adjust Manhole Ring & Cover, complete and in place per Each. Manhole Trench Safety, complete and in place per Each. 5' Curb inlet, complete and in place per Each. Curb Inlet Trench Safety, complete and in place per Each. Abandon -In -Place Existing 8" ACP Waterline, complete and in place per Linear Foot. Remove Existing 4" Waterline, complete and in place per Linear Foot Remove Existing Fire Hydrant, complete and in place per Each. 6" C900 PVC Waterline (Includes Horizontal and vertical bends), complete and in place per Linear Foot. 8" C900 PVC Waterline (Includes horizontal and vertical bends), complete and in place per Linear Foot. Pipe Trench Safety, complete and in place per Linear Foot. Connect to Ex. 8" Waterline (by Goldston) © STA. 29 +50, complete and in place per Each. Connect to Ex. 8" Waterline (Mansheim @ Gabriel), complete and in place per Each. Connect to Ex. 4" Waterline Laterals (Mid - Blocks), complete and in place per Each. Adjust Valve Box Cover, complete and in place per Each. 8" x 8" Cross, complete and in place per Each. 8" x 6" Cross, complete and in place per Each. z J Z W J J LL J LL J J W W c� i 18 m m 33 IMPROVEN CO aJ N ° In 10 009 CO 0) l' 0) In r +- r CO -a- r _' FW-• r m a m 0) 03 at m ce r W m 44 N m [+) m co CO a ID ID n co CO m 0 m 0 m ID N m -318- EXHIBIT "C" Pane 3 of 12 n 83 m O 111 N g y r- N F W W W • o= 005 c) (A O. y0 O 0 m O or 0 Z • 1 Z • a CO LO H 2 {1) to w • Z u- - e▪ u O N W - E Q • w a p 0 W Ss •• ar Q 2 cal d m 0 m2 00 1W- C1 -JO W H I- 2 z 8o e F 0 0 0 =a 3 iz [11 V 0 67 3 6.�S�a ▪ ag Z O V O 1Jt1 m - iu st N.. V d F W zu - W 0 LT. Oa F W Z [1 7 cLIX z 0 a 0." H W 0 O O CO 0 0 O O CO O 63 O O O P. 111 07 0 0 O 0 CO 64 0 h 0 0 0 1n r9 0 0) co 07 64 0 0 00 O O 0 O O 0 0 '1, mplete and in place per Each. x E CO 10 co 7 6) c V m W 8 C 'a c m 0 8" Gate Valve & Box, compl O O O 0 q 0 0 1°t7 N. (0 ti 'i • N CO co ▪ N ;7) 6 10 sn o co 69 64 le 63 83 63 64 69 N cs 1 O 0 0 1 00 01 N (0 CO 64 63 0 0 1.17 011 C.0 0 (A 00 11) N 64 O 00 O so 0 O O O ✓ 64 O 0 O o O 0 0 GO lb (O (0 r 0 O T 'r 0 O O N 63 69 a9 69. 69 fR (A O C O 0 O ID us 0 O 0 64 0 O O irt us 0 0 0 0 0 0 0 O 0 0 0 CD 0 0 � w r co 0 0 n T u7 O 1, V 0) H3 64 tf3 fl3 63 64 (3 fR 64 O O I0 0 O 00 O 0 61 8 0 al 0 0 a. 8 d 16 62) E co 61 G7 a 8 `J 6) d E 6 m 2 W 0 a a CO 0 W 0. 8 a c IE Existing Manhole, compl E re LL J LL J LL u¢! d co a 65 8 E 3 U m 0 0 a c c l4 1S C2 N x W E a cD Cr CO a U as G c m 2 m a 8 6) C J co co ad+ a_ N a 0 a1 ❑ L co w 05 r J J 117 CO 10 1- 0. G. c w Trench Safety, compl 0 LL J N O 0 10 C H a c ca W L L d in place per E E th "v ual in place per Verti 19 d. 6f a VF Manhole Extra Depth, O m 1n 01 LO 0 CO m -319— 0 O 10 d w a O L N d C 3 61 dl n $m 0 X 8 a c z m N :14 0 a 9 r 0 �N V CC ca c m C d 2 EXHIBIT "C" Base Bid: § 8,556,759.75 C' 0 O N o N .b a� 0▪ JIr N O cm .0 arii ID 6 Et m 0 _1 La 0 o m a. F W d' a K s 0 00 r I Y W O $park S 6. N A rm i Nctz z z W J 70 to -0 K6ap 0633 2 8 U W V ax as 2O 2 63 a m i7 0 ID O 69 69 0 O 69. 0 0 CD Di 0 69 m 0 h 69 $ 119,887.50 0 ( 4 DO N N ti T 69. f9 ('4 N 69 o CO4 CO (0 In 69 1 0 DO 69 0 G N 89 0 a 69 co h p0 co co" m N 69 69 a D) IG (A O 7 N 49 rn (D f9 a a 3 ri 0 CO E9 0 69 0 0 I() 0 0 69. 0 0 69 0 u7 0 0 69 0 69 0 I• 63 0 W 0 36,724.00 11 $ 69 0 69 0 0 a o M IC) 0o a o °o N w r 0o 0a o co N N O 69 69 0 N. 0 N tri 0 0 0 0 m a cr N 0 0 147 47 (9 o 0 0 69 0 0 en CD 69 G 83,400.00 II $ 69 v f 0 tV 83 0 CO m O 69. 0 N N 0 0 A 66 (0 89 v 0 r 69 v '. M ID f9 0 C fN $ 108,437.00 II $ v 0 co 60 0) 69 0 0 r 69 0 0 om 7 vs SF !Remove Driveway, complete and in place per Square Foot. iu a 8 (G 0. c ro DJ 6) n E 8 0 m 0 0 (0 a m d'd a m mm .0 0 0. CD lif } V v 0 m E. U oa T c � c N aa-• E 0m 630 0 uJ c 0 0 N CO D1 0 47 0 0) (0 U) 0 a) SF Concrete Driveway, complete and in place per Square Foot. O V3 E 0 0 O J v co ED Ns v o l� m G c j f0 Q• - a O• . a G [L al m E 8 LL +9 n 0 us N c9 0 p0 0 co co 0 P3 N U 10 U U U 6D U O) U 0 0 N U —320— e 0 0 co 5 E co csw r� •c n w 5 4 7 a 6 co eam co co ti 3 c Q CU CU m E 73 Lff EXHIBIT "C" Pone 6 of 1 7 0 •• N 2 • W ILA N - LV ▪ uj • G Z Gz T m W a ,,0 Z13 0 • L LL. 0 Z O V J Z E2 CO W H z Z w 5 LL d O En o) co H C z w d 2 A a 13 o a 0. o s3 'Li 3, R f6 '¢ Q Ca 2 m d (C a. m Haas - Anderson Construction, Ltd. 1420 Holly Road Corpus Christi, TX 78417 -2008 TOTAL II (00 M ) 7. 64 o O 4 69 vca : sr N V3 O a 0 EA o O - O 69 $ 5,420.001 o a 3 r ER O 0 f r ER H . co 69 i N a m (+j 0 (R $ 8,835.75 II $ 114,400.00 $ 1,336.00 0 O O O ;° nj 64 o O ,°� T fR 0/11 � F za a. 0 r 69 O N 69 0) +l 69 0 c•i r 63 0) in 63 O 69 0 N 69 0 O 64 y F- 0 a 69 $ 3.75 07 r 69 $ 88.00 0 (R p v3 $ 6,250.00 Berry Contracting L.P. DBA Bay LTD P.O. Box 9908 Corpus Christi, TX 78469 rTOTAL PRICE $ 88.00 0 O oo Pt 69 $ 320.001 0 a 0 co 0) 69 0 a °o 0) G) iR 0 0 a) in 01 64 0 0 °a 07 . 69 0 o ccoo co n r 69 0 cp ti 0) N fA 0 a a a ER 0 0 ° n O 6q 0 a o m f+ d3 0 q o C st N3 $ 4,000.00 r---- 0 o a 00 0) 6! UNIT i PRICE 0 0 64 0 o co 64 0 0 64 0 O G N 63 $ 7.50 a O 0) E9 $ 22.00 $ 22.00 0 N r 69 0 0 69 0) O 69 0 o W (R 1$ 500.00 0 N 69. 0 0 u) ER Reytec Construction Resources, Inc. 1901 Hollister Street Houston, TX 77080 -6803 TOTAL PRICE O a ER 0) O C.J. 33 o (0 r 69 O a 0 N V3 O a O M 69 0 o N 0 69 o 0) T r 69 $ 1,920.00 $ 4,245.75 $ 85,155.00 O o r 0) ER $ 13,000.00 0 O 0 (rj fR $ 800.00 o (0 0 69 $ 1,200.00 F- 13 =f1 E a ' T 69 0 0 o 0 tR 0) N (R $ 250.00 $ 5.00 0 0 o 63 0 cc; N u9 o a N (3 $ 0.25 0 eri (R q N r 69 $ 10.00 0 a o 69 O cC 69 O oO o (R PROJECT1 MANSHEIM & HELEN (BOND 20091 GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR CITY PROJECT NO. 6491 PROJECT 2 MANSHEIM AREA IMPROVEMENTS CITY PROJECT NO. 7397 DESCRIPTION Raised Reflective Pavement Markings (TYII -B-B) Blue, complete and in place per Each. Inlet Protection, complete and in place per Each. Silt Fence, complete and in place per Linear Foot. Wood Tree Protection, complete and in place per Each. Sod Restoration, complete and in place per Square Yard. Full -Depth Street Repair (Gallihar Road, Sunnybrook Road & McArdle Road @ Nesbitt Drive), complete and in place per Square Yard. Remove and Replace Existing Woad Fence, complete and in place per Linear Foot. Remove and Replace Existing Chainlink Fence, complete and in place per Linear Foot. Remove 4' Concrete Sidewalk, complete and in place per Square Foot. 4' Sidewalk, complete and in place per Square Foot. Sidewalk Ramp, complete and in place per Square Foot. Remove Existing 60" RCP, complete and in place per Linear Foot. II Remove Existing Curb Inlet, complete and in place per Each. Remove Existing 18" RCP Laterals, complete and in place per Linear Foot. Remove Existing Manhole, complete and in place per Each. 4 J q U (n J J (y V fn J Q W J a m 0 ( v O N (00 'ROVEMEN fl0 0) r (`7 0 r 765 I GE IMPROI 1,300 0 c° r CO (0O m FW- 0 U a U +n U O U h U 00 U a) U 0 0 r 0 N 0 0) 0 07 0 (D 0 (+ 0 —321— EXHIBIT "C" Pans fi nf 12 O O r v a 0 IWATER IMPROVEMENTS Base Bid: $ 8,556,759.75 O [t! N Q n Ala iY mu 0 co a co O 00 ma a O o Z o, i=O 2 111 - z 8 W Z u. d o 2 =d W0 "45 Ono �O 0 ! y d L4 3 am CI) m�a z m� O HV ga W g f P . 3 0 O O m 2 M z re Z Z N a Z W W WUJ LIB W Ox.ap ar0 W g 6 2 2 Q e Q o� Iri 0 ai 64 6, O 0 co O O O O O N 0 a 6, N O) 0 0 O 69 1- w zu a a J Lu et 0 d' a a (D 6, O ti 6, O O 0 a M N 0 N O O 0 O 00 O O R O O O 0 O N O 47 W 6�1 O D 00 a O 49 O O O 0 co 6, CO M 0 N n 0 O 0 N O 0 u, 0 0) 0 0 0 O 0 M 6, O 0 0 r 6, 0 0 6, 0 64 O 0 O r a to 0 0 0 N cri N u, 69 69 $ 165,000.00 O 0 O O 0 6, O O O 0 co 6, O 0 6, O N 0 69 a 0 0, 6, O a 0 0 m N 6, 0 O a O 0 P 6, 0 0 N CO O O 6, 0 F W 0 O 0) m 0 O 6s 0 O 6, 6s 0 O O 0 n v- O O N O O ITEM QTY UNIT DESCRIPTION C29 220 LF 18" Class III RCP, complete and in place per Linear Fool. C30 1,295 LF 6' X 6' RC Box Culvert, complete and in place per Linear Foot. C31 1,339 LF 7' x 7' RC Box Culvert, complete and in place per Linear Foot. C32 16,500 CY Select Backfill Material, complete and in place per Cubic Yard, C33 3,934 LF Pipe Trench Safety, complete and in place per Linear Fool. C34 1 LS Cast -in -Place 10' x 10' Junction Box/Manhole (Gollihar Road Nesbitt Drive), complete and in place per Lump Sum. C35 1 EA 8' x 8' Junction Box/Manhole, complete and in place per Each. C36 2 EA 7' x 7' Junction Box/Manhole, complete and in place per Each. C37 6 Storm Manhole over Box Culvert, complete and in place per Each. C38 10 EA Adjust Manhole Ring & Cover, complete and in place per Each. C39 10 EA Manhole Trench Safety, complete and in place per Each. C40 16 EA 5' Curb Inlet, complete and in place per Each. C41 16 EA Curb Inlet Trench Safety, complete and in place per Each. C42 2 Remove and Replace Post Inlet, complete and in place per Each. C43 2 EA Post Inlet Trench Safety, complete and in place per Each. -322- O 0 69 4) O 6s C O 0 0 6, O 0 0 6, 0 O 0 4'f ,D 69 6) 6s c a E 8 0 CL Q (P Ol C 0O Q_ N c gO co 0 ¢8 E (6 d d 0 01 r w 'a. co at a N rts m 8 0. m .c d 5 kff as to as v w w m `L i EXHIBIT "C" Page 7 of 12 C O t 0 V F... a a o la co u Li Z I- O J O — R N .0 C r V a co Q ct = f.) 4) R 4e 3 l7 J W as L.. a O 0 N O O 0 b9 C`7 0 N figs 0) O 0 n O 0 O CD m F W 0. r) d9 EA N 0 Lei O O J 0 LY a 0 V• 0 CD N 0 0 0 O aat 0 0 O N 0 c 0 u) 89 o 0 0 0 d a V W 7 O 0 N 0 u7 v N 0 O ti9 a 0 r0 0 O 0 0 rac 0 0 (0 CO 0 0 6 0 J W et cj oa L,,, Le DESCRIPTION 0 0 '4. a 0 a 0 0 O 0 0 (0 0 0 O 0 0 0] N E9 O N 0 0 O '7 (0 i', 0 0 0 O 0 n a4 0 T. 0 0r O O 0 0 O 0 0 N a 0 0 N 0 1— z a 0 l0 0. rant, complete a S `) LL P E c0 LL.I 0 a LL N J J N CU 0. 3 0 ) v a 4) c b R W ea U0. E 8 0) U c o CD .0 0 LL O) J n ipe Trench Safety, complete and in pl w 0. 8 a 4) g z 4) U lete and in place per Ea E Valve Box Cover, 44 0. C R 4) m m 0 lY 0 a C 0 N law 2 0 x 0 co W 8" Gate Valve & Box, ,6 "GV &B and 6" b O C 0 u) O 0) 0 O N 09 0 O a 0 (0 69 0 0 0 O 40 a O O a 0 a 0 '0 0 0 O l0 4L lfJ 0 Co N N r 2 SD I0 0 U U U -323- 12 z W 2 °a d 2 } mplete and in place per Ea Remove Existing Manhole LL J Cement - Stabilized W R LA a 4) J4 t n C5 M 0 to aY N LJxi E a8 0 .0 o CC to !1] 0, N U U O 0 I 0 z O N co N co oW Na vg Ili w 'H ~ W W oz - C Z CO ti = m =i C) O. 0 L[. 0 U z w z z u W 1i,. (.0 0 2 - 07 ° O. w D� In V d fite a am 21 m 6 o �D N a a Of 03 o r • N a 0 U x W 0 w a J W U M o. O CO 0 0 O 0 0 a O O N O 0 I[i O O 0 CO 0 0 0 0) (.1 0 0 N O O M 2 W 0 a 0 0 O 0 Q 0 O O O O 0 I0 v O O 0 O O 0 ui N 0 0 0 0 47 0) 0 0 0 0 O 69 O 6s O 0 0 r 6s 0 0 0 O N H- V I- a 0 C 0 CV 0 vi O 6} 0 O 0 0 I0 O It) 69 O O 0 0) 0 U3 N F W zv = 0. Q O 0 r I O O 0 CV 0 0 0 0 0 0 0 0 ((7 69 O 0 0 0 In 0 a 0 I0 N 6s In O w DESCRIPTION 0. (u 5 d a E c O- O- LD N 0 X U- 0 0 C9 CP fP O c J 0. m 0. c L6 c w 0. 0 0. anhole, complete and in place per Eac a 0 m m E 7L m c a m 01 d 0. E co m d 0 m 1 c 0 • • c � 1, n 0 (6 m 0. U_ 5) C m . m N In E E U Z N J 0. ea a m 2 N 0. 8 N Ca m O a; 5) a. E 0 co c IO 1 5 ca • Z•'3 'a • E rte+ 7 J Q a a c (3 • D. 1- z LL LL J (1 J uJ J J O s O co O U en U M U (0 m U (n U co (0 U IVE: (ITEMS C SUBTOTAL PART C - NESB —324 -- $ 5,904,404.90 $ 5,400,620.55 4 5, r TOTAL BASE BID PROJECT 1 (PARTS A thru C - Items Al thru C68) Z W w 0 Z El to 2 et In _ 2a I- 0 W re Q. $ 1,923,858.95 $ 3,392,545.95 2,077,314.65 2,691,805.90 64 CO 69 O O 0 4 P▪ '1 N 69 SUBTOTAL PART A (Items Al thru AS - GENERAL: (0 a N N M N w SUBTOTAL PART B (Items B1 thru B63 - MANSHEIM BOULEVARD: 10 M b] 0 0) N co SUBTOTAL PART C (Items C1 thru C68) - NESBITT DRIVE: 5, TOTAL BASE BID PROJECT 1 EXHIBIT "C" Daro0rF17 Haas- Anderson Construction, Ltd. 1420 Holly Road Corpus Christi, TX 78417 -2008 0 0 O O ~ di O O O 0 a- 64 $ 2,720.00 0 u7 r< 0 r 69 0 O O �O 69 11 00000'14 $ O :fJ P m Vl kA, 0 0 GO O m 64 O 0 O v 69 O O o W ..- 64 Q 0 Q O 69 O 0 co N 64 O O o U r O 0 I[7 0 N 0 O N f= Q O O G r- 69 0 O N 69 0 O ' 69 r$ 4.35 0 O M 69 0 O 64 O O m 64 0 0 a; r 64 0 0 co in t/9 0 0 �% WO] 64 0 0 l'7 M f9 0 0 ca CR EA 0 0 f i P] 64 0 o O C9 d3 Berry Contracting L.P. DBA Bay LTD P.O. Box 9908 Corpus Christi, TX 78469 0 0 o 0 O 64 0 0 o O 0 64 $ 2,800.00 0 0 r 69 0 Y) co 69 0 o ,-- 69 0 o N N 69 $ 124,723.20 0 0 O O o 0 O vN- R (fj 69 O O WI N 69 0 O N co 69 0 Q o O a Vi 0 o c N N 69 0 O n l'Y N. 69 0 °o Q O 69 o 0 o M d9 cm 64 $ 48.00 '°q Fa 0 oo oi 69 -et $ 4.20 0 O 0 o o N 0 r ea 69 c 0 " 69 0 w C' 69 0 ' ) u9 0 co C di o ' 69 Reytec Construction Resources, Inc. 1901 Hollister Street Houston, TX 77080 -6803 0 0 o O O N VI 0 0 o o 0 O 69 0 o O 0 m 69 0 0 o O In w 64 $ 20,800.001 0 0 C 0 u] h d9 0 0 Q O O r N 64 0 0 v O h Q r •- 69 0 0 0 o O c 0 O 0 O 6 69 ty 0 0 o O O N to 0 0 N O P7 69 0 0 o Q O ,r,-. 64 0 a o or) co N ff3 0 a ni O N O 0 UNIT PRICE o 0 O co- N 69 0 0 u 69 0 (00 64 0 W7 69 0 0 co 69 O 0 " 69 oo 64 oo 0 0 N N r Ers 69 oo 0 V' r 64 64' 00 64 0 a t/9 O r- 69 PROJECT 1 MANSHEIM & HELEN (BOND 2008) GABRIEL TO KOSTORYZ & SIINNYBROOK TO GOLLIHAR CITY PROJECT NO. 0491 PROJECT 2 MANSHEIM AREA IMPROVEMENTS CITY PROJECT NO. 7297 Traffic Control, complete and in place per Lump Sum. Full -Depth Street Repair (Incl. Hauling Off Street Excavation Materials), complete and in place per Square Yard. Remove/Replace Curb and Gutter (Incl. 6" Type A, Grade 1 Base Beneath C &G to 1' BOC), complete and in place per Linear Foot. Remove/Replace 4' Sidewalk, complete and in place per Square Yard. Sod Restoration, complete and in place per Square Yard. Fence Restoration, complete and in place per Linear Foot. [SUBTOTAL PART A - GENERAL & MISCELLANEOUS: (ITEMS Al - A7) kr Tr Cleaning & CCTV of WWL's Before and After Rehab, complete and in place per Linear Foot. Internal Obstruction Removal, complete and in place per Each. Point Repair (Up to 10 LF) (0' - 6'), complete and in place per Each. Point Repair (Up to 10 LF) (6' - 10'), complete and in place per Each. Rehab by Pipe Bursting 6" VCP to 8" HDPE (0' - 6'), complete and in place per Linear Foot. Rehab by Pipe Bursting 6" VCP to 8" HDPE (6' - 10'), complete and in place per Linear Foot. Rehab by Pipe Bursting 8" VCP to 8" HOPE (6' -10'), complete and in place per Linear Foot. Rehab by Pipe Bursting 8" VCP to 10" HDPE (0' - 6'), complete and in place per Linear Foot. -1 0 ..J fn V) 1 J l41 w 1 J - 0 00 N (0 250 0 0 N 500 P "T co N ° m r i m Qm c? m O en Q •er Q in Q Q Q • -325- EXHIBIT "C" Dario 4 n of 1'7 h 1{p. 10 CO w m 0 0 m Berry Contracting L.P. DBA Haas- Anderson Construction, Bay LTD Ltd. P.O. Box 9908 1420 Holly Road Corpus Christi, TX 78469 Corpus Christi, TX 78417 -2008 TOTAL oaIre 0 o 0 0 CI CO cm u - a vim. 401 T 69 63 Co o o cm 69 °o O o o Q Y 69 $ 16,905.00 $ 13,200.00 0 0 O L^] O ER $ 18,375.00 II o O O O N 6) 11 00'000`08 $ q°1 OD d 1MA T T 49 0 o C' T EA 0 co o N f�7 69 0 0 O C7 ,-- 69 0 O m N o 1J3 O O h 6H 0 0j M o. 0 0 O m rl M K1 _ 6 6 o N 0 FR O 0 Y �' 69 0 1[7 f0 �'7 69 o O co 0 69 0 O 6 T 64 0 6 t7 69 $ 25,000.00 1 0 O 0 O 69 04 O O 0 T 64 0 M V! 0 O 0 .- 69 0 O 6 0 H9 0 O 0 N 69 TOTAL PRICE $ 18,522.00 $ 204,050.00 $ 84,700.00 $ 48,000.00 0 0 0o C 1R 0 0 O Q d3 0 O M C6 69 0 u�'1 1± T F9 $ 25,000.00 0 0 O O 0 EPr N 6 N N ur $ 5,000.00 $ 69,600.00 0 0 0 p0 A u9 0 0 0 0 ( V3 0 O 0 0 on 69 UNIT PRICE $ 42.00 5 550.00 $ 550.00 O 0 o N 69 0 0 0 Co M 6 0 00 O 1n V3 O 0 [+� (o E9 00'0£ $ O 0 co N 64 0 0 0 0 69 0 0 co r !,9 O O 10 tR 0 0 0 .- 69 0 0 0 41 69 0 0 10 N 69 Reytec Construction Resources, Inc. 1901 Hollister Street Houston, TX 77080 -6803 TOTAL PRICE $ 20,727.00 $ 166,950.00 o 0 C7 cm w 69 0 N v 69 0 o 0 41 49 0 Nt: r ,14 $ 7,800.00 ,- 69 $ 25,000.00 o 0 to 69 0. 0 °v 69 o O w y9 0 o v9 UNIT PRICE $ 47.00 $ 450.00 5 450.00 00 o 0 69 $ 3,000.00 $ 7,200.00 0 co 1� 69 $ 25.00 O q 00_ to N 69 0 0 0 T o 14 (4 v. .1- 69 co (0 V} 0 o T 49 PROJECT 1 MANSHEIM & HELEN (BONO 2009) GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLUHAR CITY PROJECT NO. 8491 PROJECT 2 MANSHEIM AREA IMPROVEMENTS CITY PROJECT NO. 7397 DESCRIPTION Rehab by Pipe Bursting 8" VCP to 10" HDPE (6' -10'), complete and in place per Linear Foot. New Services Laterals (with CIO) on Rehab'd WWL's (0' - 6'), complete and in place per Each. New Services Laterals (with CIO) on Rehab'd WWL's (6' - 10'), complete and in place per Each. Rehab Existing Manhole with Cement Liner and Epoxy Coatings and New 30 -inch Ring & Cover (0' - 6'), complete and in place per Each. Rehab Existing Manhole with Cement Liner and Epoxy Coatings and New 30 -inch Ring & Cover (6' - 10'), complete and in place per Each. 4' Dia. MH (0' - 6'), complete and in place per Each. 4' Dia. MH (6' - 10'), complete and in place per Each. Disposal of Sewage- Contaminated Soil, complete and in place per Cubic Yard. Unanticipated Point Repair Allowance (Mandatory), complete and in place per Lump Sum. Unanticipated Utility Allowance (Mandatory), complete and in place per Lump Sum. Connect to Existing WW Manhole, complete and in place per Each. 8" C900 (DR18) PVC Wastewater Main (Incl. Grout Plug & Abandon -in -Place Exist. WW Main), complete and in place per Linear Foot. New 4" Wastewater Service Extension (Incl. Connect to Existing Service, Avg. 30 LF 4" C900 (DR18) PVC & Connect to New Wastewater Main), complete and in place per Each. 4' Dia. MH (0' - 6'), complete and in place per Each. Waterline Adjustment at Water/Wastewater Crossing, complete and in place per Each. J L[J LL3 W W n LL7 V .6 .I r 0 V 6 J 154 M 525 1 ILL F CA O W r m 94 m r m r m 10 m 0 m t• m m m i i —326— EXHIBIT "C" Page 11 of 12 0 C1 E m .c yO 0 .8 oo y 8 •e to 5 3i m d S U 3 _ 0 ELP 01 a G 0 O -o D Q 0 0 0- ■ 0 0 Base Bid: $ 8,556,759.75 /a- 0 B A k° EI-, 2= k© 0� 2§ m� DESCRIPTION k K ■ 1- 0 C41 § n CO. CO 2 k ■ §— } eu ■� \ §z a.( o". CO $ 1,485,476.00 $ 1,797,975.20 (1 cm TOTAL BASE BID PROJECT 2 (PARTS A thru C - Items Al thru C5) PROJECT 2: MANSHEIM AREA IMPROVEMENTS ® - - $ 1,797,975.20 SUBTOTAL PART A (Items Al thru A7 - GENERAL & MISCELLANEOUS. SUBTOTAL PART B (Items B1 thru BIB - WASTEWATER IMPROVEMENTS: SUBTOTAL PART C (Items C1 thru C5) - WASTEWATER IMPROVEMENTS: TOTAL BASE BID PROJECT 2 (PARTS A thru C - Items Al- thru C5) —227— TOTAL BASE BID SUMMARY 0 k $ 1.485,476.00 CO co 5,400,620.55 $ 5,167,159.50 BASE BID PROJECT 1 (PARTS A thru C - Items Al thru C68) $ 1,723,360.00 BASE BID PROJECT 2 (PARTS A thru C - Items Al thru C5) $ 6,890,519.50 TOTAL BASE BID (PROJECT 1 AND PROJECT 2) EXHIBIT "C" L Page 12 of 12 PROJECT BUDGET MANSHEIM & HELEN - GABRIEL TO KOSTORYZ & SUNNYBROOK TO GOLLIHAR (BOND 2008) Project No. 6491 MANSHEIM AREA IMPROVEMENTS (CIP FY 2010) Project No. 7397 August 17, 2010 FUNDS AVAILABLE: Street CIP Wastewater CIP $10,261,000.00 $2,753,900.00 TOTAL $13,014,900.00 FUNDS REQUIRED: Construction (Reytec Construction Resources Inc.) $6,890,519.50 Contingencies $689,052.00 Consultant Fees: Consultant (RVE Inc. - Mansheim & Helen) Consultant (RVE Inc. - Mansheim WW Improvements) Consultant (Govind Development, LLC) Geotechnical Testing (Rock Engineering) Materials Testing (Lab to be determined) Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) Engineering Services (Project MgtiConstr Mgt/Traffic Mgt) Construction Observation Services Finance Issuance Misc. (Printing, Advertising, etc.) $404,045.00 $298,520.00 $48,750.00 $14,500.00 $137,810.00 $155,037.00 $241,168.00 $486,210.00 $86,131.00 $34,453.00 TOTAL $9,486,195.50 FUNDS REMAINING $3,528,704.50 The remaining funds will be used for Area Street and Drainage Improvements Phase 2B Helen and Theresa Streets (Project No. 6259), the construction of which is an approved part of this project. EXHIBIT "D" Page 1 of 1 File : \Mproject \counci !exhibits \exh6491- 7397.dwg LOCATION MAP NOT TO SCALE PROJECT #6491 VICINITY MAP NOT TO SCALE Mansheim and Helen - Gabriel to Kostoryz, Sunnybrook to Gollihar and Nesbitt Drive from McArdie to Gollihar BOND ISSUE 2008 -329- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 08 -08 -2010 File : \ Mproject\ counci lexhibits\exh6491- 7397.dwg LOCATION MAP NOT TO SCALE *toor PROJECT #7397 VICINITY MAP NOT TO SCALE EXHIBIT "E" MANSHEIM AREA WASTEWATER IMPROVEMENTS -330- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 08 -05 -2010 IMM 27 AGENDA MEMORANDUM City Council Action Date: August 17, 2010 SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) (Project No. 64641 CIP No: ST 21) AMENDMENT NO. 4 : Yorktown Boulevard Extension — Cimarron to Rodd Field Road (Bond 2004 / 2008) (Project No. E10100) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 4 to the Contract for Professional Services with Freese & Nichols, Inc. from Corpus Christi, Texas in the amount of $636,003, for a total re- stated fee of $1,775,186 for the Yorktown Boulevard — Staples to Cimarron Project for the evaluation, design and preparation of construction documents for the extension of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. (BOND ISSUE 20041 BOND ISSUE 2008) ISSUE: On April 27, 2010, the City Council passed Resolution No. 028588, "Regarding the Yorktown Boulevard Extension action plan to extend street improvements from Cimarron Boulevard to Rodd Field Road, to include use of excess Bond 2008 funds, and preparation, for City Council approval, of a Professional Services Agreement to provide for design services." This amendment fulfills that requirement for the proposed extension of Yorktown Boulevard. FUNDING: Funding is available from recently appropriated Street Bond 2004 interest proceeds. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map KINGSAE KeIly01GENtSTREETS18464- Yorktown Blvd- Staples to Cimarron P.msndment No. 4 (Yorktown Phase 2)12 AGENDA MEMO.doc —333— AGENDA BACKGROUND INFORMATION SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) (Project No. 64641 CIP No: ST 21) AMENDMENT NO. 4 : Yorktown Boulevard Extension — Cimarron to Rodd Field Road (Bond 2004 / 2008) (Project No. E10100) COUNCIL DIRECTIVE: On April 20, 2010, the City Council was presented with a construction contract to reconstruct Yorktown Boulevard from Staples Street to Cimarron Boulevard as approved by voters in the November 2008 bond election. At that time, Council instructed staff to prepare an action plan to extend to extend the Yorktown improvements from Cimarron to Rodd Field Road. in response to that directive, the following plan was presented to the City Council on April 27, 2010: 1. Preparation of a Professional Services Agreement for the completion of the design of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. 2. Extension of construction improvements on Yorktown Boulevard from Cimarron Boulevard to the entrance of Bill Witt Park, established as a highest priority construction project. 3. Preparation of recommendations for Council approval to continue the construction improvements along Yorktown Boulevard from the entrance of Bill Witt Park to Rodd Field Road. AMENDMENT NO. 4: This proposed amendment fulfills the first Council directive for the preparation of a Professional Services Agreement for completion of the design of Yorktown Boulevard from Cimarron Boulevard to Rodd Field Road. This section of roadway is currently a rural unimproved two -lane thoroughfare with roadside drainage ditches. The design plans will consist of the reconstruction and widening of the existing two -lane roadway to a four -lane divided urban arterial street with bicycle lanes, and a raised median of sufficient width to provide one additional lane in each direction in the future. The roadway will include curb and gutter, driveways, storm water improvements, water improvements, and pedestrian improvements in accordance with ADA requirements and Texas Accessibility Standards (TAS). Left-turn lanes will be provided at designated locations. Associated improvements such as off -site storm water improvements, pavement markings and signage, street lighting (byAEP), and provisions for temporary traffic controls during construction will also be included. Intersection improvements for the Yorktown /Rodd Field intersection are not included as part of this project, but will be addressed through a separate agenda item. PROJECT FUNDING: On April 20, 2010, the City Council approved an agenda item to appropriate bond proceed interest earnings previously unappropriated to date. This amounted to $585,962.04 in additional revenue for 2004 Street Bonds. Due to age of the bonds and substantial completion of the 2004 Bond Election, staff recommends the 2004 EXHIBIT "A" Page 1 of 3 H:IHOMEKe1IyO GEN1STREETS16464- Yorktown Blvd- Stapes to C €marronVAmendment No. 4 (Yorktown Phase 2)13 AGENDA BACKGROUND2.dac —334— Street Bond interest proceeds and savings from completed bond projects be used to finance the design of Amendment No. 4. This use for the Street Bond interest proceeds was approved by Bond Counsel. Upon completion of design and construction bidding documents, prices for each phase of the Yorktown Boulevard extension as listed above in directive Nos. 2 and 3, can be analyzed against any remaining 2004 and 2008 Street Bond proceeds and funding to the best advantage of the City and the project can be determined at that time. The estimated project cost of this extension is $7,893,045 and the estimated construction time is 24 months. Basic design cost is 5.76% of the estimated construction cost. CONTRACT SUMMARY /FEE: A contract summary and fee is attached as Exhibit "C ". FUTURE COUNCIL ACTION: Approval of a construction contract to complete the project is required. PROJECT BACKGROUND: The Yorktown Boulevard — Staples to Cimarron project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition 1 Street Improvements. Design was awarded and completed by Freese and Nichols, Inc. for the Bond Issue 2008 Yorktown Improvements. On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. On January 12, 2010, City Council passed the Resolution authorizing the City Manager or his designee to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868.00 for Yorktown Boulevard — Staples to Cimarron (Bond 2008) Landscaping Improvements Project, with a City match of $338,467.00 in the No. 3546 Street GO CIP Fund (Bond 2008), and a total construction cost of $1,692,335.00. The Transportation Enhancement Program is administered by the Texas Department of Transportation (TXDOT) and provides opportunities for non - traditional transportation activities. Projects must go above and beyond standard transportation activities and be integrated into the surrounding environment in a sensitive and creative manner that contributes to the livelihood of the community, promotes the quality of the environment and enhances the aesthetics of the roadways. Projects undertaken with enhancement funds EXHIBIT "A" Page 2 of 3 H :IHOMEUCeilyOIGENISTREETB16464- Yorktown Blvd- Staples to CimanonlAmendment No. 4 (Yorktown Phase 2)13 AGENDA BACKGROUND2.doc —335— are eligible for reimbursement of up to 80 percent of allowable costs. The proposed landscaping improvements are part of the roadway widening project. The landscaped median consists of a forty foot grassy bermed section. The median will have shrubs, trees and irrigation which are designed using xeriscape methodology and coastal plants to minimize maintenance needs. All plantings will be under a drip irrigation system. The project also includes decorative paving in the medians and along the medians. In the open boulevard space will be elevated decorative block walls with the plantings at various berm heights to provide interesting character to the median and make the drive calming and more pleasing. The design considers the aesthetics of the roadway and the necessary visual access locations so that commerce will be enhanced and not hampered. H :IHOME4KeItyO \GENISTREETS16464- Yorktown Blvd- Staples to CimsrranlAmendment No 4 (Yorktown Phase 2)13 AGENDA BACKGROUND2.dac LEXHIBIT "A" ge 3 of 3 —336— PRIOR PROJECT ACTIONS SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) (Project No. 64641 CIP No: ST 21) AMENDMENT NO. 4 : Yorktown Boulevard Extension — Cimarron to Rodd Field Road (Bond 2004 / 2008) (Project No. E10100) PRIOR COUNCIL ACTION: 1. November 13. 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 4. April 24, 2009 -- Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Freese and Nichols, Inc. of Corpus Christi, Texas, in the amount of $999,871 for Yorktown Boulevard -- Staples to Cimarron for design, bid and construction phase services. (BOND 2008) (Motion No. 2009 -066) 5. January 12, 2010 — Resolution authorizing the City Manager or designee to submit a Nomination Form for the Transportation Enhancement Program to the Texas Department of Transportation in the amount of $1,353,868.00 for Yorktown Boulevard, Staples to Cimarron (BOND 2008) Landscaping Improvements Project with a City match of $338,467.00 in the No. 3546 Street GO CIP Fund (BOND 2008), and total construction cost of $1,692,335.00. (Resolution No. 028458) 6. April 20, 2010 - Motion authorizing the City Manager, or his designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $6,335,425.45, for Yorktown Boulevard — Staples to Cimarron (Bond 2008) and Buckingham Estates Force Main and Oso Plant Effluent Line (CIP FY 2010) for the Total Base Bid Group 1 and Group 2 and Additive Alternate Nos. 2, 3, 4 and 5 for Group 1 and Additive Alternate No. 1 for Group 2; and directing staff to prepare and recommend an action plan to extend improvements to Yorktown Boulevard for the April 27, 2010 Council meeting. (Motion No. 2010 -087) 7. April 27, 2010 — Resolution regarding the Yorktown Boulevard extension action plan to extend street improvements from Cimarron Boulevard to Rodd Field Road to include use of excess Bond 2008 funds, and preparation for City Council approval of a professional services consultant agreement to provide for design services. (Resolution No. 028586) H:IHOME1KeIlyO1GEMSTREEiS18484- Yorktown Blvd. Staples to Cimarron &meU No. 4 (Yorktown Phase 2)14 PRIOR ACTIONS.doc EXHIBIT "B" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non- local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. April 22, 2009 — Administrative approval of a Geotechnical Testing Agreement with Arias and Associates in the amount of $13,308.50 for Yorktown Boulevard --- Staples to Cimarron. (BOND 2008) 5. November 22, 2009 — Administrative Approval of Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $48,500 for a restated fee of $1,048,371 for Yorktown Boulevard — Staples to Cimarron for design of an effluent line from Yorktown Boulevard to Kings Crossing Ditch and from the Cimarron Boulevard/Yorktown intersection to Bill Witt Park; for landscape and irrigation plans for Yorktown median improvements; and for storm water improvements on Bar - Le -Doc Street. (BOND 2008) 6. April 9. 2010 — Administrative Approval of Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $48,000 for a restated fee of $1,096,371 for Yorktown Boulevard — Staples to Cimarron for activities required to support TxDOT's Statewide Transportation Enhancement Program, to accommodate TxDOT's Staples Street Median Improvement Project, and to incorporate Project No. 6464 and Project No. 7426 into a single award package. (BOND 2008) 7. May 5, 2010 — Administrative Approval of Amendment No. 3 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $42,812 for a restated fee of $1,139,183 for Yorktown Boulevard — Staples to Cimarron for preparation of a Programmatic Categorical Exclusion for improvements to Yorktown Boulevard from Staples Street to Cimarron Boulevard. (BOND 2008) H:IHOMEhKellyO\GEMSTREErS G464- Yorktown Blvd- Stapies to Clmarro WAmaran5drik. 4 (Yorktown Phase 2 )14 PRIOR ACTIONS.dae EXHIBIT "B" Page 2 of 2 CONTRACT SUMMARY 1 AMENDMENT NO. 4 SUBJECT: Yorktown Boulevard — Staples to Cimarron (Bond 2008) (Project No. 64641 CIP No: ST 21) AMENDMENT NO. 4 : Yorktown Boulevard Extension — Cimarron to Rodd Field Road (Bond 2004 / 2008) (Project No. El 0100) 1. SCOPE OF SERVICES A. BASIC SERVICES —shall be amended to expand the following Basic Services for the extension of Yorktown Boulevard from Cimarron to Rodd Field Road: Item No. 1 Preliminary Phase • Provide additional Preliminary Phase Services to develop a study and report of the project scope with economic and technical evaluation of alternatives. The preliminary phase will not include a plan submittal or formal report. In lieu of a preliminary phase report the A/E will provide a 30% design submittal during the design phase. Item No. 2 Design Phase • Provide additional Design Phase Services to prepare design documents for proposed improvements, prepare City format contract documents, and develop a preliminary opinion of probable construction cost. Item No. 3 Bid Phase • Provide additional Bid Phase Services including attending the pre -bid conference and assisting City in responding to bidder questions. Prepare necessary addenda, attend the bid opening, tabulate bids and make recommendations concerning award. Item No. 4 Construction Phase • Provide additional Construction Phase Services including attending and participating in the pre - construction conference, coordinating with City inspector to authorize minor field alterations, conducting "final inspection" with the City and Contractor and make a recommendation concerning final acceptance. B. ADDITIONAL SERVICES —shall be amended to expand the following Additional Services for the extension of Yorktown Boulevard from Cimarron to Rodd Field Road: item No. 1 Permit Preparation • Provide additional Permit Preparation Services including TxDOT Permits /Amendments, NPDES Permits /Amendments SW3P NOI, and TDLR- ADA/TAS Compliance. Item No. 2 Right -of -Way (ROW) Acquisition Survey • Provide additional ROW Acquisition Survey Services to review existing ROW and easements, provide ROW surveys and submit ROW plats and descriptions to City. Prepare signed and sealed exhibits for a maximum of (9) parcels to be acquired for ROW and (1) anticipated drainage easement. Item No. 3 Topographic Survey • Provide additional Topographic Survey Services to provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking. H:IHOMETKellyO GEN\STREETS18464• Yorktown Blvd- Staples to ClmsrrornArnendrR6r2P .9(45rktown Phase 2 »5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 1 of 3 Item No. 4 Environmental Issues (NOT AUTHORIZED) • Provide additional Environmental Issue Services for the preparation of a Programmatic Categorical Exclusion (PCE) as required by TxDOT for the environmental clearance for proposed improvements to Yorktown Boulevard. The City intends to pursue federal funding for landscaping, walkway and ADA improvements. Since these improvements will involve federal transportation funds, a PCE must be prepared to TxDOT standards. Item No. 5 Public Involvement • Provide additional Public Involvement Services to assist the City in preparing notices, handouts and exhibits for the public information meeting. Assist the City in conducting the public information meeting, a follow -up meeting and response to citizen comments. Item No. 6 Warranty Phase • Provide additional Warranty Phase Services to provide a maintenance guaranty inspection toward the end of the one -year period after acceptance of the Project. Complete the inspection and prepare the report no later the sixty (60) days prior to the end of the maintenance guaranty period. Item No. 7 Subsurface Utility Engineering (S.U.E.)/Hydro- Excavation • Provide additional S.U.E. /Hydro- Excavation Services in accordance with ASCE Standard "ASCE C-I, 38 -02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data ". Item No. 8 Construction Observation Services (NOT AUTHORIZED) • Provide additional Construction Observation Services, periodic, (20hrslweek) for 18 months. 2. SCHEDULE: Amendment No. 4 will add the following schedule for Yorktown Boulevard Phase 2 — Cimarron to Rodd Field Road Day Date Activity Wednesday August 18, 2010 Begin Preliminary Phase (Data Gather) Tuesday October 19, 2010 Begin Design Phase Thursday November 11, 2010 30% Submittal Monday March 28, 2011 Pre -Final Design Submittal Monday April 4, 2011 City Review Monday April 11, 2011 Final Design Submittal Monday April 18, 2011 City to Acquire All R.O.W. Parcels Monday Monday March 5, 2012 March 12, 2012 Advertise for Bids Advertise for Bids Tuesday March 13, 2012 Pre -Bid Conference Wednesday April 4, 2012 Receive Bids Tuesday June 5, 2012 Begin Construction Weekday January 2014 Construction Completion EXHIBIT "C" Page 2 of 3 H:IHOMSKeIly0IGEN15TREETS16464- Yorktown Blvd- Staptes !o Cimarron Miendmer a44Srktown Phase 2j15 CONTRACT SUMMARY.doc 3. FEES The estimated construction cost for Yorktown Boulevard Extension - Cimarron to Rodd Field Road is $7,893,045. The total basic services fee proposal for this project is $454,557. Therefore, the percentage of design cost to construction cost is 5.76 %. H:IHOMECeIlyO1GEMSTREETS16464- Yorktown Blvd- Staples t0 ClmarronlAmendmer 4 (Yorktown Phase 2)15 CONTRACT SUMMARY.doc EXHIBIT "C" Page 3 of 3 ORIGINAL CONTRACT AMD, NO. 1 AMD, NO. 2 AMD. NO.3 AMD. NO.4 I TOTAL - BASIC SERVICES 1 Preliminary Phase $83,819.00 $0.00 $0.00 $0.00 $38,288.00 $122,107.00 2 Design Phase $405,674.00 $36,000.00 48,000.00 0.00 355,799.00 489,674.00 3 Bid Phase $18,004.00- $0.00 0.00 0.00 14,632.00 18,004.00 4 Construction Phase $60,398.00 $0.00 0.00 0.00 45,838.00 60,398.00 Subtotal Basic Services $567,895.00 $36,000.00 48,000.00 0.00 454,557.00 690,183.00 ADDITIONAL SERVICES (Allowance) 1 Permitting (AUTHORIZED) TxDOT TCEQ -NPDES Notice of Intent/Termination TDLR- ADAITAS Compliance U.S. Army Corps of Engineers Total Permitting 5,818.00 1,435.00 6,178.00 718.00 14,149.00 0.00 0.00 0.00 5,768.00 1,395.00 6,139.00 13,302.00 $14,149.00 2 ROW Survey 24,705.00 0.00 0.00 0.00 38,580.00 63,285.00 3 Topographic Survey _ 84,965.00 0.00 0.00 0.00 66,431.00 151,396.00 3.1 Develop baseline reference drawings 0.00 12,500.00 0.00 0.00 0.00 12,500.00 _ 4 Environmental Issues (NOT AUTHORIZED) 0.00 0.00 0.00 42,812.00 0.00 42,812.00 5 Construction Observation (NOT AUTHORIZED) 254,412.00 0.00 0.00 0.00 0.00 254,412.00 6 Public Involvement Phase 8,025.00 0.00 0.00 0.00 13,110.00 21,135.00 7 Warranty Phase 7,564.00 0.00 0.00 0.00 12,500.00 20,064.00 8 S.U.E. /Hydro- Excavation 38,156.00 0.00 0.00 0.00 37,523.00 75,679.00 Subtotal Additional Services 431,976.00 12,500.00 0.00 42,812.00 181,446.00 655,432.00 `TOTAL FEE $999,871.00 $48,500.00 $48,000.00 $42,812.00 $636,003.00, $1,775,186.00 The estimated construction cost for Yorktown Boulevard Extension - Cimarron to Rodd Field Road is $7,893,045. The total basic services fee proposal for this project is $454,557. Therefore, the percentage of design cost to construction cost is 5.76 %. H:IHOMECeIlyO1GEMSTREETS16464- Yorktown Blvd- Staples t0 ClmarronlAmendmer 4 (Yorktown Phase 2)15 CONTRACT SUMMARY.doc EXHIBIT "C" Page 3 of 3 PROJECT BUDGET YORKTOWN BOULEVARD - STAPLES TO CIMARRON (BOND 2008) Project No. 6464 AMENDMENT NO. 4: YORKTOWN BOULEVARD EXTENSION - CIMARRON TO RODD FIELD Project No. E10100 August 17, 2010 FUNDS AVAILABLE: Street CIP $7,000,000.00 Storm Water CIP $1,566,300.00 Water CIP $669,800.00 Wastewater CIP $273,810.00 Bond 2004 interest proceeds (AMENDMENT NO. 4) $636,003.00 Construction Phase 2 Extension (TBD) $8,682,350.00 TOTAL $18,828,263.00 FUNDS REQUIRED: Construction (Haas - Anderson Construction, Ltd.) (Staples to Cimarron) $5,549,275.81 Contingencies 554,927.58 Estimated Construction Yorktown Phase 2 Extension 7,893,045.00 Contingencies 789,304.50 Consultant Fees: Consultant (Freese and Nichols, Inc.) (Large A/E, Amd Nos. 1, 2 & 3) 1,139,183.00 Consultant (Freese and Nichols, Inc.) (AMENDMENT NO. 4) 636,003.00 Basic Services ($454,557) Additional Services AUTHORIZED ($181,446) Geotechnical Testing (Arias & Associates, Inc.) 13,308.50 Reimbursements: Contract Adminstration (Contract Preparation /Award /Admin) 302,452.22 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 470,481.23 Finance Issuance 168,029.01 Misc. (Printing, Advertising, etc.) 67,211.60 TOTAL $17,583,221.45 FUNDS REMAINING: $1,245,041.55 EXHIBIT "D" Page 1 of 1 Mproject \counciiexhibits \exhE10100.dwg NUM 23,Ay CO2. , 11. C I L J 11 BAY I •x I ,$ % k :} LOCATION MAP NOT TO SCALE PROJECT # E10100 EXHIBIT 'E' YORKTOWN BOULEVARD PHASE 2 - CIMARRON TO RODD FIELD ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 7 of 1 DATE: 7 /08/2010 MOW MI= —343— Elma -a V ca •, oc O -0 L a .- IZ ca 0 > cc w = T2 O ca CO > au O m O � �+ O L ca O E 0 (Project No. E10100) C 0 0 c a, 0 &) N CU c a_ bO Q CD 0 o E J V V CD CD V 0 0 0 a. 0_ I1 © to V C V a-• CD 0 CD 2 = a. o (1) 0 0 0 2 0 c o. E c,) u cu cu 0 c 0 1- (0 0 0 0 - t.) 0 0 .0 • 0 Z 0 0 E 0 0 0 C E 0 co ca 0 ca ca 0 0 0 c •E z 0 0 co CO s- Z >ft ALM &IA AMA: nr oh_ O CC O CC O 2 L co ct 3 0 m a O L L E V c a) 0) a) J O 0 To c 0) 0 Proposed Contract 0 N 0 N 0G AON 100 1d8S end inr Nnr AVW HdV HWJ 88d Nvr 0 N 0G AON 100 1d8S env inr Nnr AVW HdV HWJ 88d Nvr 0G AON 100 1d8S env CONSTRUCTION (Approx. 2 yrs.) o W m= a Current Yorktown Blvd Project (Approx. 2 Years) * Based on estimated construction cost of $7,893,045.00 .c U) O) 12 U) U > U) CO O C a .F) C O L - L w CO 0-E o U a) > O (1)-'-' -0 (/) tea) c0 0 • 2 � (I) 0 U -0 C > O m U c 2 L a--; O c O L U 73 (I) E co O E v) 2 W .0 L 4k Q v. 0 , , 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION August 17, 2010 AGENDA ITEM: Corpus Christi Regional Transportation Authority (CCRTA) Annual Report STAFF PRESENTER(S): Name Title /Position Department 1. 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Michael Sezter Interim CEO Corpus Christi RTA 2. 3. BACKGROUND: The annual report will provide a general update and will include information on the Authority's financial position for 2010; the economic impact to the Community; partnerships; and initiatives. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information 0 Q 0 co - t 0 a u) c co c 0 0) a) Q i O 0 E O N 4_ 0 0. a) :c, co co a) 0 0 co a) 0 c a) c a) 0 a) c _ca O E • U O cz . 0 cz cz - o_ U .co 0 c (.) cz Cn c ia CD 0 o c6 .CD C O — O n Et/ . L 0 +- ( N _c a3 co OD Ic2 c6 O . co a) 0 2 c 0 92 . ac= o tea) 0) CO .. p 0 U 0 CO 0 g o •; � .L cz , _c co c E a) c.) co cji o o L L o O -o oho o �� _a 2 a) cm _ cz 2 .A-, 0 U (/) 92 ?%, a) • • 0 U • • a) 0 • N a 2ca O a) 5 4- O O D Cn 7:3 O N Q x >> u- 1- • • Paratransit Bus Service / Rideshare • • • L c c a) >N C 2 L 0_ O Q N L � -0 N CO co Q= Q a) cz CM en CZ c a) a) Q Q o co co 0_ co co O O o 0 N N 0 N— I c a) C -0 N N •- Lt 0 e_c° 7r ' 2 C \I • 0 0 p 1 O L O coo o co 0 U 2-c > L.cooti a 2()() rr0 . . . > O . • • • W co a) 0o a) I r L cm (0 c O :1=, co Et2 N a) 0 0 al, g tooif soll7li 110,14„ 1.0gliS 414,4114,41,4141) > CU C Q CU 0 Cn IL $1.36 million annually in total indirect business tax impacts $1 million annually in local tax revenues from total operational impacts annually in local tax revenues from foregone earnings benef to 5b' TD x cu To 0 0 0 a) 5 CO -1--0 economic activity and 1,748 jobs in operational, The Regional Economic Impact of Corpus Christi Regional Transportation Study, Texas A &M University - Corpus Christi mprovement Program N 0 V) mprovements 73 c c6 N ca Q 0 Q 0 0 in OIL co a a O O U co cu 2 a) a) = 0) E '> C>T3 Q a °� a) .- co co CY O _C CO N • c >� co U 0 V c .O L Q L CU Li LL I— IL 0 I 0_ • • • • • • • Customer Service Center • ADA Bus Stop Improvements • Park and Ride • Sustainability Program co 0 0 • E N 2 (/) c) N 6: O co N N 0 Tg • L iz N 0) (/) Q D L N E E O O >N = (1) 0 • Ferry / Taxi Waterbor 29 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: New Economic Development website demonstration STAFF PRESENTER(S): Name Title /Position Department 1. Emily Martinez Interim Director of Economic Development 2. 3. OUTSIDE PRESENTER(S): Name 1. Chad Magill 2. 3. Title /Position Organization identify Theft Solutions BACKGROUND: The City engaged Identity Theft Solutions to develop a new Economic Development website. The website entails information on resources, incentives, successful projects, demographics and assets of the community. It is designed to be user friendly and will include the most current Economic Development information. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information -361- tit. 111 t ice, i -- Emily Ma to ez, Intem6 rector Economic Develop • emilym (a)cctexas.com 826 -3312 �x:: .