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HomeMy WebLinkAboutAgenda Packet City Council - 11/09/2010':,::_ a * s 11:45 A.M. - Proclamation declaring November 10, 2010 as "Heart Gallery of South Texas Day" Proclamation declaring November 17, 2010 as "GIS Technology is Changing Our World Day" Proclamation declaring the week of November 15 -19, 2010 as "2010 International Education Week" Honorary Citizen Certificates presented to Mr. Marco Huppertz, Germany; Mr Mikhail lvanovskiy, Kazakhstan; Mr. Han -Sheng Chang, Taiwan AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 9, 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 a! Concilio y tree que su ingles es limitado, habra un interprete ingles- espanot en Codas las juntas del Concilia pars ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Greg Blankenship, Real Life Fellowship, Corpus Christi Campus. 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 Tern Mark Scott Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Carlos Valdez Larry Elizondo, Sr. City Secretary Armando Chapa Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Agenda Regular Council Meeting November 9, 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 October 26, 2010. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Advisory Committee on Community Pride * Citizens Advisory Health Board * Landmark Commission * Library Board * 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.) Agenda Regular Council Meeting November 9, 2010 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the purchase of one (1) Series IV tractor - loader-backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,779.96. This unit is a replacement to the fleet. Funding is budgeted and available in the Maintenance Services Fund for FY 2010 -11. (Attachment # 3) 4. Motion approving the purchase of a wrecker from Grande Truck Center of San Antonio, Texas for the total amount of $61,998. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H- GAC). The wrecker will be used by the Police Department and is a replacement to the Fleet. Funds have been budgeted by the Police Department in FY 2010 -11. (Attachment # 4) 5. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas General Land Office in the amount of $24,149 for costs associated with preparation of the City's required Erosion Response Plan, with a city match of $16,166 in in -kind services, and total project costs of $40,315. (Attachment # 5) 6. Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS) - U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $162,865 out of a total project cost of $201,460 during the federal fiscal year October 1, 2010 through September 30, 2011. (Attachment # 6) 7. 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 $60,932.64 for the J.C. Elliott Transfer Station Tipping Floor Repairs No. 2 Project. (Attachment # 7) Agenda Regular Council Meeting November 9, 2010 Page 4 8. 10. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance declaring City property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N, Shoreline Boulevard, Nueces County, Texas, as surplus property to enable its sale and disposition. (Attachment # 8) b. Ordinance authorizing the advertisement and publication of Notice of an Offer of Sale of Surplus City Property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2618 N. Shoreline Boulevard, Nueces County, Texas ( "the Property "); authorizing the sale of the Property by sealed bid under Chapter 272 of the Texas Local Government Code; and authorizing the City Manager or his designee to execute a Deed and any related documents necessary to complete the sale and conveyance of the property. (Attachment #8 ) Motion approving the application from the Ascension Group, to temporarily close northbound and southbound Shoreline Boulevard between Starr Street and Lawrence Street for the 29th Annual Harbor Lights Festival and Las Luces del Mar Festival. Street Closure will begin on Friday, December 03, 2010 at 8:00 AM and extend through Saturday, December 04, 2010 at 11:59 PM. (Attachment # 9) a. Motion to amend prior to second reading, the amended "Ordinance amending Sections 36 -8 and 36 -10, Code of Ordinances,- City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, and establishing a curlew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication," by substituting a revised ordinance.(First Reading— 10/26/10) (Attachment #10 ) Agenda Regular Council Meeting November 9, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Second Reading Ordinance - Amending Sections 36 -8 and 36 -10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, modifying the curfew hours applicable to Corpus Christi Beach, Dolphin, and Surfside Parks, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication. (First Reading — 10/26/10) (Attachment # 10) c. Second Reading Ordinance - Amending Section 36 -8(c), Code of Ordinance, City of Corpus Christi, by deleting paragraph (1), which authorized camping in designated areas of Corpus Christi Beach Park and making a few editorial corrections; providing for penalties; and providing for publication. (First Reading — 10/26/10) (Attachment # 10) EXECUTIVE SESSION: 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. 11. Executive session under Texas Government Code Section 551.071 (2) regarding a matter in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct and under Volume 31 U.S.C. clearly conflicts with the requirements of Chapter 51 of the Texas Government Code. 12. Executive Session under Texas Government Code Section 551.071 Consultation with Attorney, regarding Time Warner Cable franchise provisions regarding public education and government access channels, with possible discussion and action in open session. Agenda Regular Council Meeting November 9, 2010 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. SPECIAL CONSIDERATION ITEM: 13. Discussion and consideration of appointment of a new City Council Member. (Attachment # 13) K. PUBLIC HEARINGS: ZONING CASES: 14. Case No. 0910 -02, Ray E. Smith, Jr. — A change of zoning from "F -R" Farm -Rural District to "R-1B" One - family Dwelling District resulting in a change of land use from a farm -rural use to a one - family dwelling use. The property to be rezoned is described as approximately nine (9) acres of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road. (Attachment # 14) Planning Commission and Staff Recommendation: Approval of the applicant's request for a change in zoning from "F -R" Farm - Rural District to "R-1B" One- family Dwelling District. - ORDINANCE Amending the Zoning Ordinance, upon application by Ray E. Smith, Jr., by changing the Zoning Map in reference to approximately nine (9) acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road, from "F -R" Farm -Rural District to "R-1B" 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; and providing for publication. ZONING TEXT AMENDMENT: 15. Public hearing and First Reading Ordinance amending the Corpus Christi Zoning Ordinance by amending Section 27 -3.07 relating to dumpster screening; and by adding new Section 27- 3.08 relating to dumpsters at new construction; providing for penalties; providing for publication; and providing effective dates. (Attachment # 15) Agenda Regular Council Meeting November 9, 2010 Page 7 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. 16. Port of Corpus Christi Authority Annual Report (To be considered at approximately 2:30 p.m.) (Attachment # 16) 17. Health and Risk Management Claims Report - Quarterly Update, Period Ending July 31, 2010 (Attachment #.17) M. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 18. 19. a. Ordinance appropriating $114,802 from the unreserved fund balance in the No. 5610 Employee Health Benefits - Citicare Fund and $30,978 from the unreserved fund balance in the No. 5609 Employee Health Benefits -- Police Fund for the first year's operation of an employer- sponsored wellness clinic; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 to increase appropriations by $145,780. (Attachment # 18) b. Motion approving a service agreement with H2U Wellness Centers, LLC doing business as First Onsite of Nashville, Tennessee for operation of an employer sponsored wellness clinic, in accordance with Request for Proposal BI- 0185 -10, for a period of three years with options to extend for up to two - additional one -year periods, subject to the approval of the provider and the City Manager or his designee, for a total three -year expenditure of approximately $874,678, of which approximately $145,780 is required for the remainder of FY 2010 -2011. This service will be used to provide primary care and wellness services to eligible active employees, retirees, surviving spouses and their eligible dependents. (Attachment # 18) a. Resolution approving the amendments to the City of Corpus Christi, Texas, Business & Job Development Corporation Guidelines and Criteria for granting business incentives, adopted by the Board of Directors, Corpus Christi Business & Job Development Corporation, on October 18, 2010, which recognize non - standard employees. (Attachment # 19) Agenda Regular Council Meeting November 9, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) b. Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 to incorporate the Corpus Christi Business & Job Development Corporation's amended guidelines and criteria for granting business incentives, which recognize non - standard employees. (Attachment # 19) 20. Resolution approving a Business Incentive Agreement for creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and TDL Plastics, L.L.G. ( "TDL "), which provides a grant of up to fifty thousand dollars ($50,000) for the relocation and expansion of TDL's Plastics facility within the City of Corpus Christi, in which TDL will invest at least $270,000 in building improvements, furniture, fixtures, and equipment and will retain at least eight current full - time jobs and create and maintain at least five new full -time jobs with an average annual salary of at least $70,000 over a five - year period and authorizing the City Manager or his designee to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the TDL Plastics, L.L.C., business incentive agreement. (Attachment #20 ) 21. Motion authorizing the City Manager or his designee to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $158,776.88 for Corban Townhomes Looping Water Main Improvements for the Base Bid. (Water CIP) (Attachment # 21) 22. Motion authorizing the City Manager or his designee to execute a construction contract with Blue Bay Construction, LLC, of Houston, Texas, in the amount of $321,239.30 for Corpus Christi (North) Beach Entry Development and Sidewalks for Base Bid A, Base Bid A- Alternates No. 3 and No. 4, and Base Bid B and Base Bid B- Alternates No. 1 and No. 2. (BOND ISSUE 2008) (Attachment # 22) Agenda Regular Council Meeting November 9, 2010 Page 9 23. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance approving the transfer of $3,320,106.64 from No. 1111 Reinvestment Zone No. 2 Fund to and appropriating in the No. 3278 Packery Channel Projects TIF #2 Fund for the construction of Packery Channel Phase 2- Parking and Overlooks project and other projects relating to Packery Channel; amending the FY 2009 -2010 Capital Budget, adopted by Ordinance No. 028449, by increasing proposed expenditures and revenues by $881,1 06.64 each. (Attachment # 23) b. Motion authorizing the City Manager or his designee to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of $2,371,927.61 for Packery Channel, Phase 2 — Parking and Overlooks for the Total Base Bid plus Additive Alternates No. 1 and No. 2. (Attachment # 23) 24. Resolution approving the formation of a Street Maintenance Finance Ad Hoc Advisory Committee to develop a street maintenance funding plan. (Attachment # 24) N. 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. Agenda Regular Council Meeting November 9, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. O. CITY MANAGER'S COMMENTS: (NONE) P. 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'/,')p.m., on November 4, 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 1,6 pL Irtlll -. A UM ur r,[ Cnrrmr Cnr-nal 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 ll 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 October 26, 2010 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tern Mark Scott* Council Members: Chris Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez ABSENT Nelda Martinez *Arrived during the Executive Session City Staff: City Manager Angel R. Escobar City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Neil Winchester with Pulse Fellowship and the Pledge of Allegiance to the United States flag was led by Council Member Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of October 19, 2010. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 2 - 13). There were no comments from the public. Council Member Leal requested that Item 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. RESOLUTION NO. 028811 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County, Texas to allow for Nueces County to secure goods and services under a disaster recovery contract competitively procured by the City of Corpus Christi. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. Minutes — Regular Council Meeting October 26, 2010 -- Page 2 3.a. MOTION NO. 2010 -257 Motion authorizing the City Manager or his designee to accept supplemental grant funding in the amount of $27,933 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 3.b. ORDINANCE NO. 028812 Ordinance appropriating $27,933 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 3.c. MOTION NO. 2010 -258 Motion authorizing the City Manager or his designee to accept supplemental grant funding in the amount of $33,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 3.d. ORDINANCE NO. 028813 Ordinance appropriating $33,000 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 3.e. MOTION NO. 2010 -259 Motion approving the purchase of 700/800 MHZ radios and accessories from Dailey & Wells Communications, of San Antonio, Texas based on sole source for a total expenditure of $60,406.36. Funds are available through the Houston High Intensity Drug Trafficking Area grant. Minutes — Regular Council Meeting October 26, 2010 — Page 3 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye"; Martinez and Scott were absent. 4.a. RESOLUTION NO. 028814 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $20,987 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 4.b. ORDINANCE NO. 028815 Ordinance appropriating a $20,987 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 5.a. RESOLUTION NO. 028816 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $275,007 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 5.b. ORDINANCE NO. 028817 Ordinance appropriating a $275,007 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 6. MOTION NO. 2010 -260 Motion authorizing the City Manager or his designee to execute documents necessary to purchase sculpture created by artist Jack Gron for a work of permanent art created in aluminum and bronze and authorize disbursement of $26,205.85 from the Bond Fund No. 3340 for such purchase. Minutes — Regular Council Meeting October 26, 2010 -- Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 7. RESOLUTION NO. 028818 Resolution authorizing the City Manager or his designee to submit a grant application to the U.S. Department of Housing and Urban Development, Office of Public and Indian Housing, in the amount of $250,000 for a two -year Choice Neighborhoods Initiatives Round 1 Planning Grant to support the development of a Comprehensive Transformation Plan for the target area bounded by Morgan, South Port, Agnes and Crosstown, also known as Census Tract 10, with a 5% city match requirement and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 8. MOTION NO. 2010 -261 Motion authorizing the City Manager or his designee to execute an agreement with the Corpus Christi Arts and Culture Alliance, Inc. to receive the FY 2010 -2011 council salary funds not receivable by Council Member John Marez in support of the programs provided by the Alliance member organizations for arts and culture programs in the City of Corpus Christi. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, and Leal, voting "Aye "; Marez abstained; Martinez and Scott were absent. 10. ORDINANCE NO. 028819 Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2 to revise the membership of the Arts and Cultural Commission from 17 members to 9 members, and combine the music, dance, drama membership categories into new performing arts category. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 11. ORDINANCE NO. 028820 Abandoning and vacating a 29,774- square foot portion (0.684 acres) of an undeveloped and unsurfaced 55 -foot wide dedicated public right -of -way (Paxton Street), out of the Navigation Industrial Park, said public right of way being located north of the Agnes Street public street right -of -way; subject to compliance with the specified conditions. (First Reading — 10/19/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye"; Martinez and Scott were absent. Minutes — Regular Council Meeting October 26, 2010 — Page 5 12. ORDINANCE NO. 028821 Abandoning and vacating a 25,774 - square foot portion (0.59 acres) of an undeveloped and unsurfaced 20 -foot wide dedicated public right -of -way, out of the Flour Bluff and Encinal Farm and Garden Tracts, Section 31, Lot 11, said public right of way being located just south of the Williams Drive public street right -of -way; subject to compliance with the specified conditions. (First Reading — 10/19/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye"; Martinez and Scott were absent. 13. ORDINANCE NO. 028822 Authorizing the City Manager or his designee to execute a ten (10) year lease with Foresight Corpus Christi Golf, LLC with options to renew for an additional ten (10) year term, and then art additional five (5) year term, for the use of Gabe Lozano, Sr. Golf Course and Oso Beach Golf Course for annual rental payments of one -half of net cash flow from operations; providing for publication. (First Reading — 09/28/10) The foregoing ordinance was passed and approved on its second reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. Council Member Marez thanked the Council for supporting the donation of his council salary to the Corpus Christi Arts and Culture Alliance and thanked city staff for their work on this issue. Mayor Adame opened discussion on Item 9 regarding the upgrade of PeopleSoft Financials software version 9.0. Council Member Leal ask questions regarding how long staff has been aware that this would be the final upgrade to PeopleSoft Financials; other software options; and the timeframe to receive support for the new version. Director of Municipal Information Systems Michael Armstrong explained that staff has been aware that this would be the final upgrade to PeopleSoft Financials for several years and is looking at Oracle's Fusion product or other software to transition to at the end of this upgrade in 2014. City Secretary Chapa polled the Council for their votes as follows: 9. MOTION NO. 2010 -262 Motion authorizing the City Manager or his designee to approve procuring consulting services from Citagus Software of Duluth, Georgia to upgrade PeopleSoft Financials software to version 9.0 for an amount not to exceed $150,000. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. * * * * * * * * * * * * Mayor Adame announced the executive sessions, which were listed on the agenda as follows: 14. Executive session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action in open session. -6- Minutes — Regular Council Meeting October 26, 2010 — Page 6 15. Executive session under Texas Government Code Section 551.071 regarding In re the Complaint of Mercury Air Center- Corpus Christi, inc. d.b.a. Atlantic Aviation, Complainant— against- City of Corpus Christi, Respondent, pursuant to Part 16 of the Federal Aviation Regulations. 15.1. Executive session under Texas Government Code Section 551.071 regarding police collective bargaining negotiations, with possible discussion and action in open session. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken on the executive session items. * * * * * * * * * * * * * Mayor Adame opened discussion on Item 16 regarding the City's Combined Utility System, Interim Director of Financial Services Constance Sanchez explained that this item is a resolution expressing the City's intent to reimburse costs associated with the City's utility system in anticipation of selling $75,000,000 of revenue bonds in late spring or early summer 2011. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 16. RESOLUTION NO. 028823 Resolution relating to establishing the City's intention to reimburse itself in an amount not to exceed $75,000,000 for the prior lawful expenditure of funds from the proceeds of tax - exempt or taxable obligations to be issued by the City for authorized purposes relating to constructing improvements to the City's Combined Utility System; authorizing matters incident and related thereto; and providing an effective date. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Chesney, Kieschnick, Marez, and Scott, voting "Aye "; Leal, Elizondo, and Martinez were absent. (Note: Mr. Marez was originally absent for this vote and there was a concurrence of the Council to accept his vote of "Aye ".) Mayor Adame opened discussion on Item 17 regarding the Texas Utility System Revenue Refunding Bonds, Series 2010. Interim Director of Financial Services Constance Sanchez explained that the City Council previously approved the issuance of the utility system revenue refunding bonds in June and since that time, the municipal b.ond market has moved in the City's favor for issuing bonds. Ms. Sanchez added that the actions taken today would give the City the flexibility to refund any of the Utility System Revenue Improvement Bonds that are viable at the day of pricing. Ms. Sanchez stated that this item includes rescinding the original ordinance; reappointment of the original financing team; and authorizing the issuance of Utility System Revenue Refunding Bonds, Series 2010 in an amount not to exceed $112,800,000 subject to parameters. In response to Council Member Marez, Ms. Sanchez reported that the net present value savings would be in the amount of $2.5 million. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting October 26, 2010 — Page 7 17.a. ORDINANCE NO. 028824 Ordinance rescinding, canceling, and terminating an ordinance previously adopted on June 22, 2010 by the City Council authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2010 "; providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. 17.b. MOTION NO. 2010 -263 Motion authorizing the appointment of M.E. Allison as Financial Advisor; Frost Bank as Senior Manager; and Coastal Securities, Inc., Hutchinson, Shockey, Erley & Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. as Co- Managers for the City of Corpus Christi, Texas Utility Revenue Refunding Bonds, Series 2010. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. 17.c. ORDINANCE NO. 028825 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2010" in an amount not to exceed $112,800,000; making provisions for the payment and security thereof on a parity with certain currently outstanding obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale and delivery of the bonds, including the approval and distribution of an official statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement, an Escrow and Trust Agreement, and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. Mayor Adame opened discussion on Item 18 regarding ADA Sidewalk Accessibility Improvements. Director of Engineering Services Pete Anaya referred to a powerpoint presentation including a background; project scope; project limits; schedule; and costs. Director of Human Relations Leon Bazar was available to respond to questions. The following topics pertaining to this item were discussed: steps to improve areas near the assisted living facilities downtown to make them more pedestrian friendly; the consultant fees for Martinez, Guy and Maybik, Inc. in the amount of $352,693; the scope of workforthe consultant fees; whether Martinez, Guy and Maybik, Inc. is a local firm; the federal participation; if the Regional Transportation Authority is participating in the project; the number of intersections in the project; and compliance with regulatory agencies. Mr. Anaya clarified that the consultant fees for Martinez, Guy and Maybik, Inc. in the amount of $352,693 include the design for this project and the ADA sidewalk access improvements along Staples Street from Leopard Street to Six Points. -7- Minutes — Regular Council Meeting October 26, 2010 — Page 8 Council Member Adler requested a presentation on the bidding process for engineering services and construction contracts. Council Member Scott requested information on a previous contract for curb cuts for Weber Street from Staples to South Padre Island Drive. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. ORDINANCE NO. 028826 Ordinance appropriating $1,598,710.96 of anticipated revenues from the Texas Department of Transportation in Fund No. 3530 for the Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Coopers Alley to IH 37 project; changing the FY 2010 Capital Improvement Budget adopted by Ordinance No. 028449 to increase appropriations by $1,598,710.96. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. 18.b. MOTION NO. 2010 -264 Motion authorizing the City Manager, or his designee, to execute a construction contract with !HS Construction, Inc. of Corpus Christi, Texas in the amount of $1,998,388.70 for Americans with Disabilities Act (ADA) Sidewalk Accessibility Improvements along Staples Street from Louisiana Avenue to Six Points and Water Street from Coopers Alley to IH 37 for the Total Base Bid Part A and Part B. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. * * * * * * * * * * * * * Mayor Adame referred to Item 21 regarding a presentation on the proposed Joint Artificial Reefing Project between the City of Corpus Christi, Texas Parks and Wildlife, and Saltwater - Fisheries Enhancement Association (SEA). Director of Intergovernmental Relations Rudy Garza introduced Artificial Reef Program Coordinator with Texas Parks and Wildlife Dale Shively and Mike Hurst with SEA. Mr. Garza provided a brief background on the project and stated that SEA has agreed to participate on the same level as the City. Mr. Shively referred to a powerpoint presentation including the initial grid for potential sites; the reasons for eliminating potential sites; the remaining grid for potential sites; substrate in potential sites; the distances from Packery Pass to potential sites; the three potential Corpus Christi Nearshore sites; the recommended site; and the next phases. The following topics pertaining to this item were discussed: an explanation of the general profile; the total acreage of the site; the estimated total cost of the project; the City's cost for leasing a facility for the storage of materials; SEA's contribution of up to $50,000 for transportation of the materials; the water quality; consideration of large boat access to Packery Channel; and when the visibility test was done on the potential site. * * * * * * * * * * * * * Minutes — Regular Council Meeting October 26, 2010 — Page 9 Mayor Adame opened discussion on Item 19 regarding the establishment of a curfew and camping ban on Corpus Christi Beach. Assistant Director of Parks and Recreation Stacie Talbert referred to a powerpoint presentation including the composition of the Corpus Christi Beach Task Force and the request to establish a curfew and limiting camping; the General Land Office Lease; the survey of the Corpus Christi beach Stakeholders; the proposed curfew and boundaries; a map of the curfew area; the amendment to the no camping ordinance; and additional concerns for the North Facility and Dolphin and Surfside parks. Police Commander Mark Schauer was available to respond to questions Mayor Adame called for comments from the audience. Carrie Roberts, 4421 Gulfbreeze, presented a powerpoint presentation including photos of North Beach; resident involvement; cleanups events; Dolphin Park; Adopt -A -Beach efforts; recreational opportunities; the Corpus Christi Beach Development Plan; illegal activities; the current park curfews; and a 2006 petition to change the curfew. Ms. Roberts stated that the residents are encouraging a matching curfew for the entire area. Ms. Roberts spoke in support of the curfew ordinance and recommended eliminating the portion of Section 36 -10(f) stating "...or a person fishing on the groin into Corpus Christi Bay located at the northern end of the beach on land leased from the Texas General land Office, who has proof that the person has a valid Texas Parks and Wildlife Fishing license or that the person is exempt from that license requirement." The following topics pertaining to this item were discussed: concern for the lack of lighting at the North Facility; the Traffic Engineering Lighting Project; increased patrolling in the area; determining the boundaries north of Villa Del Sol through signage; removing the language in Section 36- 10(f); and curfew uniformity. Mr. Marez made a motion to amend the ordinance prior to first reading to have matching curfew exemptions. The motion was seconded by Mr. Chesney. A brief discussion ensued regarding extending the curfew for Dolphin Park, Corpus Christi Park, Surfside Park and the North Facility. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. City Secretary Chapa polled the Council for their votes as follows: 19.a. FIRST READING ORDINANCE Amending Sections 36 -8 and 36 -10, Code of Ordinances, City of Corpus Christi, to prohibit camping on the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. 19.b. FIRST READING ORDINANCE Amending Section 36-5(c), Code of Ordinances, City of Corpus Christi, by deleting paragraph (1), which authorized camping in designated areas of Corpus Christi Beach Park and making a few editorial corrections; providing for penalties; and providing for publication. Minutes — Regular Council Meeting October 26, 2010 — Page 10 The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye "; Martinez was absent. Mayor Adame opened discussion on item 20 regarding an amendment to Chapter 3, Advertising, Section 3 -1 of the Code of Ordinances. Director of Neighborhood Services Eddie Ortega explained that staff is requesting an approval to amendment Section 3 -1, Advertising, regarding putting up placard signs in public places. Mr. Ortega presented pictures of placards placed within city right -of -ways. Mr. Ortega stated that this amendment would allow the City to issue a citation and enforce the ordinances with language that includes the presumption to the person that placed the signage. The following topics pertaining to this item were discussed: the fines for violating the ordinance; concerns regarding temporary placement of yard sales, garage sales, and estate sales; whether the language could clarify the difference between corporate and garage sales; suggestions from staff to citizens for placing temporary signage for garage sales; consideration for permitting signage for garage sales; staff's ability to respond to sign violations on the weekends; first amendment issues with allowing specific signs; enforcement for political signage; the ability to rebuttal presumptions; consideration to support the Boy Scouts on a quarterly rotation to do cleanups on right -of -ways to remove illegal signage; and tabling this item until there is clarification on the garage sales. Mayor Adame called for comments from the audience. Jack Gordy, 4118 Bray, said this ordinance has never been enforced and stated that the ordinance should include language to include political signage. Mr. Gordy added that there should not be any loop holes in the ordinance. Joan Veith, 5701 Cain, encouraged the Council to speak to the Clean City Advisory Committee about cleaning up the right -of -ways. Ms. Veith stated that garage sale sign owners should be fined if the signs are not taken down in a reasonable time period. Abel Alonzo, 1701 Thames, stated that he was appalled that the business community places signs in the right -of -ways Mr. Marez made a motion to table the ordinance to allow staff to work on the issues between commercial and residential signage. The motion was seconded by Mr. Chesney. The foregoing motion was passed and approved with the following vote: Adame, Adler, Chesney, Elizondo, Kieschnick, Leal, and Marez, voting "Aye "; Martinez and Scott were absent. 20. TABLED Amending Section 3 -1 of Chapter 3 of the Code of Ordinances, entitled "Putting up Placards, etc., in Public Places ", by revising the section to update the language, include presumptions as to the person that placed the sign, and to broaden the exceptions from prosecution stated in the Section; providing for penalties; and providing for publication. * * * * * * * * * * * * * Mayor Adame called for petitions from the audience. Mary Ann Kelley, 4302 Schanen, asked questions regarding displaying signs for a clinic. Mayor Adame directed City Manager Escobar to provide this information to Ms. Kelley after the meeting. Pasty Gillem, Plastic Pollution Texas, presented a resolution from Harris County supporting the Texas Bottle Bill and requested support from the City on a state -wide bill supporting the refundable deposit on beverage containers. * * * * * * * * * * * ** -10- Minutes — Regular Council Meeting October 26, 2010 — Page 11 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:19 p.m. on October 26, 2010. **** * ** **** * * 2 a. ADVISORY COMMITTEE ON COMMUNITY PRIDE — Five (5) vacancies with terms to 8 -25 -10 and 8- 25 -11. (Appointed by the Mayor with approval of the Council) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven (11) members appointed by the Mayor with approval of the City Council to serve two -year terms. The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio without vote. MEMBERS *Stacy Richards Monica McLeod Sawyer, Chair *Ryan Ridlehuber C. Michelle Peters Oscar Carmona Mark Minutaglio *Philip John Ramirez, A.I.A. J. Kyle Davidson *Ryan R. Griffith, Vice Chair Elisa Macias ***Will Douglas, Vice Chair Director of Public Information Director of Neighborhood Services TERM 8 -25 -10 8 -25 -11 8 -25 -10 8 -25 -11 8 -25 -12 8 -25 -11 8 -25 -10 8 -25 -11 8 -25 -10 8 -25 -11 8 -25 -11 Ex- Officio, Ex- Officio, ORIGINAL APPTD. DATE 8 -25 -09 8 -25 -09 8 -25 -09 8 -25 -09 5 -11 -10 8 -25 -09 8 -25 -09 8 -25 -09 8 -25 -09 4 -27 -10 8 -25 -09 Nonvoting Nonvoting (The Advisory Committee on Community Pride is recommending the reappointments of Stacy Richards, Ryan Ridlehuber, Phillip John Ramirez and Ryan R. Griffith. Also, the committee is recommending the new appointment of Raquel Richardson.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Stacy Richards Ryan Ridlehuber Philip John Ramirez Ryan R. Griffith NO. OF MTGS. THIS TERM 8 8 8 8 NO. % OF ATTENDANCE PRESENT LAST TERM YEAR 8 100% 6 (2exc) 75% 5 (3exc) 63% 7 (lexc) 86% Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation --15 -- OTHER INDIVIDUALS EXPRESSING INTEREST Savannah Nicole Antunez Arthur Carrillo Bob Copes Gary Brandon Cunningham Daniel Hall Austin Harbin Christina Hernandez Received AA in Psychology from, Del Mar College and BS in Psychology from Texas Woman's University. Activities include: The Cattery Cat Shelter and Private Tutor. (315110) Retired Social Worker. Received a Degree from Del Mar College and BA from Texas A &M University- Corpus Christi. Activities include: Coastal Bend Aids Foundation and Texas Department of Health and Human Services. (9115110) Sole Proprietor, Copes Conununications - Consulting. Received a Bachelor of Science Degree in Chemical Engineering. Recipient of 2006 ARC Awards Silver Winner, League of American Communication Professionals 2007 Vision Platinum Award and 2008 ARC Awards Bronze Winner. (12114/09) Project Analyst III, BAE Systems. Received BS in Business Administration from Texas A &M University-. Corpus Christi. Activities include: Men's Ministry — Bay Area Fellowship. (1127110) Self - Employed, Speaker and Writer. Received a Bachelor of Science in Nursing and a Juris Doctorate. Activities include: Board of Directors for the south Texas Family Planning and Health Corporation. (215110) Table Tender, Carino's Italian. Attending Del Mar College. Recipient of the national Young Leaders Award and the Eucharistic Cross Bearer Award. (3/22110) Assistant Director of Education, PIanned Parenthood of South Texas. Received BS in Criminal Justice and MS in Counseling from Texas A &M University - Corpus Christi. Activities include: YWCA, Youth Continuum of Care Coalition, Corpus Christi community Resource Council, and Corpus Christi Under 40. Recipient of Texas Youth Commission Individual Award Winner 2009 and Corpus Christi Under 40 Recipient 2008. Graduate of Leadership Corpus Christi 2009. (1126110) Bennet Jackson Judy Loverde Rudy Martinez Monica Pena -Moore Jack R. Pence III Veronica Perez Tony Reyes Semi- Retired, Nurse. Activities include; Pilgrims Baptist Missionary Church. (3110110) Retired. Attended Del Mar College. Activities include: ASSET Program of AmeriCorps, Financial Literacy Navigator, Social Security Administration Representative Payee, Art Center of Corpus Christi, National Secretaries Association, and Texas Democratic Women. (8124/09) Community Relations Director, Nurses on Wheels, Inc. Activities include: American Cancer Society, Downtown Relay for Life 2011, ACSS Texas Region, Heart Walk, and Dancing through Downtown Diabetes Walk. (9113110) Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, National Multiple Sclerosis Society, and American Cancer Society -Relay for Life. (1211108) Student Activities Coordinator, Texas A &M University - Corpus Christi. Received a Bachelors of Science in Education from Bowling Green State University and a Masters of Science in College Student Personnel from The University of Dayton. (716110) Volunteer/Event Coordinator, Volunteer Center of the Coastal Bend. Received an AA in Journalism and Pursuing a BA in Cross Cultural Studies. Activities Include: Brown Bag Challenge, Journey to Damascus, Walk to Emmaus, Kairos Outside, Rachel's Vineyard, YWCA Board, World Vision Sponsor and Operation Paintbrush. (213110) Self- Employed, Founder Mission 911. Attended Del Mar College. Activities include: Amistad, Community of Shalom, Mission 911, and FYLIP. (1 126110) Raquel G. Richardson Owner, Brinca! Received MPA from Texas A &M University- Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (711110) Virginia Rodriguez John Segrest Britni Summers -Brown Heather White Communications Intern, Corpus Christi Chamber of Commerce. Currently Attending College at Texas A &M University - Corpus Christi. Activities include: Student Academic Advisor for Transition Center, Intern for United States Congressman Solomon P. Ortiz, Communication Intern for Chamber of Commerce, Hispanics for the Advancement of Community and Educational Readiness, K.E.Y.S. Walk, Texas Democratic Women, and Bold Future. (213110) Vice President, Kleberg Bank. Received a Degree from Texas Tech. Activities include: Texas Mortgage Banker's Association and Corpus Christi Association of Realtors Affiliate's Council. (5119110) Sales and Marketing . Coordinator, Cricket Communications. Received BA from Texas A &M University - Corpus Christi. Activities include: Rebuilding America, National Rebuilding Day, and TAMU -CC Alumni Association. (1 112109) Communications Director, Corpus Christi Chamber of Commerce. Received BA in English from University of Texas at Arlington. Formerly Worked for the Caller Times. (10121110) b. CITIZENS ADVISORY HEALTH BOARD — One (1) vacancy with term to 11- 11 -13. DUTIES: To study and assist in health and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three -year terms, five (5) by the Commissioners Court for two -year terms; and one member appointed jointly by the City and the County. The board elects its own president and vice president. ORIGINAL MEMBERS TERMS APPTD. DATES Amanda Stukenberg (City) 11 -11 -12 5 -08 -01 Mary Jane Garza (City), Co Chair 11 -11 -11 3 -20 -07 Pamela Brouillard (County) 06 -30 -11 8 -11 -10 Suzzette Chopin (City), Co Chair 11 -11 -11 2 -21 -06 Leo Barrera, Jr. (County) 06 -30 -11 4 -24 -84 Pamela S. Meyer (County) 06 -30 -12 7 -09 -08 ***Rebecca Esparza (City) 11 -11 -10 3 -20 -07 Dr. Bruce N. Stratton (City) 11 -11 -11 11 -18 -08 Dr. Tony Diaz (County) 06 -30 -11 11 -11 -78 Sandra Heatherley (County) 06 -30 -12 6 -16 -10 Araselia Barrera (Joint) 11 -11 -11 2 -21 -06 INDIVIDUALS EXPRESSING INTEREST Sylvia R. Cantu Arthur Carrillo 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. (5128109) Retired Social Worker. Received a Degree from Del Mar College and BA from Texas A &M University- Corpus Christi. Activities include: Coastal Bend Aids Foundation and Texas Department of Health and Human Services. (9115/10) Legend; *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation Annie Galvan Registered Respiratory Therapist, Driscoll Children's Hospital. Received Associates Degree in Allied Health/Respiratory Therapy. Activities include: Corpus Christi Christian's Women's Business Association and Driscoll Children's Hospital Committees. (11 /23109) Jean Marie Giegerich Owner, The Place of Houses, LLC. Received Bachelor of Science from University of Texas at Austin and Attended Clare College at Cambridge, England. Member of the Community Youth Development (78415) Program Steering Committee. (618109) William Paul Hunt Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University - College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (614109) Edward Kownslar 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. (1019108) Dee Lewis Director of Operations, Superior HealthPlan. Received BSW and MBA. (1- 11 -10) Gerard Navarro, Jr. Charles Pendlyshok Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (5114109) Regional Manager, Human Military Healthcare Services. Retired Healthcare Delivery System Executive. Received B.S. from Widener University, M.A. from Incarnate Word University, and M.B.A. from Widener University. Activities include: Certified Senior Advisor, Licensed Insurance Producer and Volunteer and Sailing Instruction. (11120108) -20- Carmela P. Quintanilla Michael O. San Miguel Ted Schroeder Timothy Weitzel Vice President- Family Care Services, Blue Sky Hospice. Received Masters Degree in Social Work from University of Houston. Activities include: South Texas Social Workers Society and Vision YC. (11- 12 -09) Received BS from University of Texas -San Antonio. Formerly Served on Small Business Advisory Board. Participated in City of Corpus Christi Citizen University (2007). Activities include: CompTIA and Pearson. (1016109) 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. (4123109) Manager, Retail Store. Attending Del Mar College Activities include: Webmaster, Corpus Christi Commodores Barbershop Chorus and National Piano Guild Member. (1115105) c. LANDMARK COMMISSION -- Five (5) vacancies with terms to 11 -20 -13 representing the following categories: 1— Architect and 4 - Regular Members. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the Iast Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and /or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS Kris Cardona (Title Search) Laura Commons (Real Estate) Dr. Mark Robbins (Historian) Anita Eisenhauer (Historian) * *Susan Ashley Kessler (Regular Member) ***Alan Wahlstrom (Regular Member) *****David Brown (Architect), Chair Mary Lou Berven (History Teacher) *Kim Charba (Regular Member) James E. Klein (History Teacher) Craig Thompson (Engineer) Leo Rios (Real Estate) *Susie Rucker (Regular Member) Marie Guajardo (Regular Member) Herb Morrison (Architect), Co -Chair Legend: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERM 11 -20 -12 11 -20 -12 11 -20 -12 11 -20 -11 11 -20 -10 11 -20 -10 11 -20 -10 11 -20 -11 11 -20 -10 11 -20 -11 11 -20 -11 11 -20 -11 11 -20 -10 11 -20 -11 11 -20 -12 ORIGINAL APPTD. DATE 7 -07 -09 12 -15 -09 12 -15 -09 12-12-06 7 -07 -09 12 -15 -09 3 -02 -04 11 -11 -08 7 -07 -09 11 -11 -08 3 -02 -04 2 -19 -08 2 -19 -08 3 -11 -08 3 -02 -04 (The Landmark Commission is recommending the reappointments of Kim Charba (Regular Member) and Susie Rucker (Regular Member). Also, the commission is recommending the new appointments of Anthony Gavlik (Regular Member), Karen Howden (Regular Member) and John M. Olson (Architect). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Kim Charba (Regular Member) 9 Susie Rucker (Regular Member) 9 NO. PRESENT 8(lexc) 6(3exc) OTHER INDIVIDUALS EXPRESSING INTEREST Jonathan Michael Barlow Rodney Buckwalter Manuel J. Cavazos III Samantha Chase Timothy Scott Craig % OF ATTENDANCE LAST TERM YEAR 89% 67% Campaign Volunteer. Activities include: Texas State Aquarium. (Regular Member) (8- 30 -10) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (Regular Member) (6 -5 -09) Substance Abuse Tech, South Texas Substance Abuse Recovery Services. Currently a Senior at Texas A &M University - Corpus Christi. Activities include: Delta Chi International Social Fraternity. (Regular Member) (11 -30- 09) 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. (Regular Member) (11- 18 -09) Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (Regular Member)(12- 7-09) Anthony Gavlik James Hoenscheidt Karen Howden William Paul Hunt Armando Mendez John M. Olson EIT, Naismith Engineering. Received Bachelor of Science in Civil Engineering from Texas A& M University - Kingsville. Activities include: American Society of Civil Engineers and Texas Society of Professional Engineers. (Regular Member) (4- 15 -09) Broker Associate, Joe Adame & Associates, Inc. Attended College. Special Award for Value Improvement Program (Regular Member) (5- 28 -09) Retired American History Teacher, Flour Bluff Independent School District. Received BS in Education from Corpus Christi State University. Activities include: Nueces County Historical Commission and Texas Outdoor Education Association. Recipient of 2005 Region 2 Education Service Center Regional Secondary Teacher of the Year. (Regular Member) (12 -7 -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. (Regular Member) (6 -4 -09) General Clerk III, L -3 Communications and Equipment Specialist, Corpus Christi Army Depot. Received BBA in Business Administration from Texas A &M University - Corpus Christi. Activities include: Bay Area Fellowship Member and Sigma Phi Epsilon Alumni Association of Corpus Christi. Recipient of Senior Marshall Sigma Phi Epsilon Award, Leadership Award Sigma Phi Epsilon and Omicron Delta Epsilon Economics Honor Society. (Regular Member) (5 -7 -10) Retired, Owner of Olson Associates, Architecture, Planning, Consultation. Served in the United States Army. Received Bachelor of Architecture and Bachelor of Construction Engineering from Texas A &M University - College Station. Activities include: First United Methodist Church, Texas Master Naturalist, Coastal Bend Bays Foundation, Xeriscape Corpus Christi Steering Committee and Emeritus American Institute of Architects. (Architect or Regular Member) (10- 18 -10) Stefany Tegeler Schade 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.(Regular Member) (5- 28 -09) Jennifer Taylor Sean M. Thorson IT Recruiter, Integrity Workforce Solution. Received Associates Degree in Applied Science from San Antonio College. (Regular Member) (8- 10 -09) Sr. Mortgage Banker, Envoy Mortgage. Attended Brigham Young University; University of Texas, and School of Mortgage Lending at Washington State. Previously involved with Pacific Coast Mortgage Dreams, Coaching Girls Youth Soccer Team, and Sno -King Youth Club. (Regular Member) (6 -2 -09) d. LIBRARY BOARD — Four (4) vacancies with terms to 11 -5 -12. (One to be nominated by the La Retama Club and one to be nominated by the Friends of the Corpus Christi Public Libraries Board both which are subject to confirmation by the City Council.) DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Nine (9) members, seven (7) members shall be appointed for two - year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two- years. Each nominee must be confirmed by a majority of City Council Members. MEMBERS Mary Jane Garza Lawrence Jordan James M. Martin *Dr. Stuart Elovitz Lucy McCracken John B. Keys *Michael Flores, Chair ***Barbara Head, La Retama Club *Natalie Rogen, Friends of C.C. Libraries Sue Stanford TERM 11 -05 -11 11 -05 -11 11 -05 -11 11 -05 -10 11 -05 -11 11 -05 -11 11 -05 -10 11 -05 -10 11 -05 -10 Honorary, ORIGINAL APPTD. DATE 12 -8 -09 2 -10 -09 2 -19 -08 2 -10 -09 11 -08 -05 12 -8 -09 5 -13 -08 2 -10 -09 2 -10 -09 non - voting 1 -17 -03 (The Library Board is recommending the reappointments of Michael Flores and Dr. Stuart Elovitz. The La Retama Club nominee is Ella Wall Prichard and the Friends of C.C. nominee is Natalie Rogen.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Michael Flores Dr. Stuart Elovitz Natalie Rogen (Friends) NO. OF MTGS. THIS TERM 11 11 11 NO. PRESENT 11 11 11 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation —26— % OF ATTENDANCE LAST TERM YEAR 100% 100% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Angelica Carmona Salon Manager, Planet Sol Hair Salon. Attended Texas &M University- Corpus Christi. Activities include: Corpus Christi Pregnancy Center, Mission 911, and City Church Corpus Christi. Graduate of Leadership Corpus Christi Class 37. (6 -5 -09) Timothy Scott Craig Pipefitter, Kiewitt. Received A.A.S. in Drafting Technology from Victoria College. (12 -7 -09) Sue Crowson Meredith N. Grant Daniel Hall Zak Hard age William Paul Hunt Assistant English Professor, Del Mar College. Received a BA and MA in English from Texas Tech University and PhD in English from Texas Woman's University. Certified Public School Teacher in English and History. Activities include: Serve on Several Del Mar College Campus Committees and Member of National Council Teachers of English. (4- 29 -09) Homemaker. Received B.A. in English from Texas A &M University- Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Self- Employed, Speaker and Writer. Received a Bachelor of Science in Nursing and a Juris Doctorate. Activities include: Board of Directors for the south Texas Family Planning and Health Corporation. (2 -5 -10) Supply Officer, United States Navy. Received BA in Political Science from Principia College. Activities include: Team ALS -C3 Racing Team and STARRS Cycling Club. (11- 20 -08) Retired, Environmental Engineer. Received a Bachelors Degree in Meteorology from Texas A &M University- College Station. Formerly Served on the Corpus Christi Regional Air Shed Committee. Activities include: Tutoring. (6 -4 -09) Teresa J. Irvine Nurse, State of Texas, DADS, CCSSLC. Received a Master of Science in Nursing from UTHSCSA. (11- 20 -09) Edward Kownslar Ken Muir Kevin Patton Ella Wall Prichard Drew Reining Librarian, 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. (10 -9 -08) Attorney Advisor, Corpus Christi Army Depot. Received B.A. in Economics and International Studies with a Minor in Spanish and Juris Doctor. Activities include: Volunteer Coordinator Flour Bluff Chess Club and Volunteer Tournament Director Optimist Coastal Bend Chess Federation. (4- 15 -09) Transmission Forester, AEP. Attended College. Activities include: Texas Vegetation Management Association and Utility Arborist Association. (12 -3 -09) President, Prichard Oil Company, Managing Partner, Storm - Prichard Company and Managing Partner, Apco Minerals, Ltd. Received BA from Baylor University at Waco, Texas. Activities include: La Retama Club, Friends of the Libraries, Citizens for Educational Excellence, Baylor Alumni Association, Cooperative Baptist Fellowship Foundation, Texas A &M University - Corpus Christi President's Council, Art Museum of South Texas, Texas State Aquarium and Corpus Christi Museum. (La Retama Club )0-16-10) 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) Andrew G. Smith Business Consultant, Education Service Center Region 2. Received BBA in Accounting from University of Texas at Austin and Master of Public Administration from Texas A &M University- Corpus Christi. Activities include: Texas Association of School Business Officials, Church and Sailing. (2 -5 -10) Brian Solarek Logistics Lead, Boeing. Received BacheIor's Degree in Management. (4- 14 -09) e. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE — One (1) vacancy with term to 6 -16 -11 representing the following category: At Large. 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) ** *Amber Sayre (At Large) TERM 6 -16 -12 6 -16 -12 6 -16 -11 6 -16 -12 6 -16 -11 6 -16 -11 6 -16 -11 (The Senior Companion Program Advisory Committee is appointment of Shirley A. Selz.) OTHER INDIVIDUALS EXPRESSING INTEREST ORIGINAL APPTD. DATE 6 -16 -09 6 -16 -09 6 -08 -10 2 -09 -10 6 -16 -09 6 -16 -09 8 -17 -10 recommending the new Jonathan Michael Barlow Campaign Volunteer. Activities include: Texas Aquarium. (8- 30 -10) Legend: *Seeking reappointment * *Not seeking reappointment * * * Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation —30— State Samantha Chase Sarah Kloos Rudy Martinez Shirley A. Selz 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. (11 -18- 09) Attended Del Mar College. Has Served on Boards and Hosted Events to Benefit Non - Profit Organizations. (1 -6- 09) Community Relations Director, Nurses on Wheels, Inc. Activities include: American Cancer Society, Downtown Relay for Life 2011, ACSS Texas Region, Heart Walk, and Dancing through Downtown Diabetes Walk. (9- 13 -10) Attorney (Part- Time), Gary, Thomasson, Hall & Marks. Graduated from Hanover College at Hanover, Indiana and University of Texas at Austin. Activities include: State Bar of Texas, Corpus Christi Bar Association, Optimist Club of Downtown Corpus Christi, Harbor Lights Festival, Inc. and Coastal Bend Women Lawyers Association. (10- 21 -10) Jose R. Villanueva, Jr. Retired. Senior Companion Volunteer. (12- 23 -09) Felix Zavala, Jr. Pastor, El Shaddai Church. Activities include: Prayer Meetings. (8- 10 -09) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/09/2010 AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of one (1) Series IV tractor - loader - backhoe from Doggett Heavy Machinery Services, Ltd., Corpus Christi, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,779.96. This unit is a replacement to the fleet. Funding is budgeted and available in the Maintenance Services Fund for FY 10/11. ISSUE: The Storm Water Department's concrete crew requires the use of a tractor - loader - backhoe for the demolition of concrete curbs and driveways, and excavation and backfill of Storm Waterlines during repair and construction projects throughout the city. The useful life of the existing tractor - loader- backhoe has been exhausted. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mi 1,rel Barrera As istant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Attachments BACKGROUND INFORMATION The tractor - loader= backhoe will be used by the Storm Water Department's concrete crew for the demolition of concrete curbs and driveways, and excavation and backfill of Storm Water lines during repair and construction projects throughout the city. This unit is a replacement to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. The tractor loader - backhoe will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. Doggett Heavy Machinery Services, Ltd., Corpus Christi, Texas will be the local delivering and service dealer for the tractor - loader - backhoe. Purchasing the same tractor - loader - backhoe that was purchased in FY08 -09 allows for commonality of parts and attachments. In addition operators and mechanics are trained and familiar with the equipment. When compared to the tractor - loader - backhoe purchased in FY08 -09, pricing has increased approximately 21%. s 2 ** V) 2 O r on o m X C) 5)00 CD E.w m nno C N z 00Qt< m 0 -I o) —I * n o o , —1 0 P co j m m NOIldkk}0S30 c z C) CD Co as 0 CD ti 1 Cfl Co Co 0) 30I1:Id 1V101 30Idd JJNll co to co rn �yC w .4 0 0 Z >00 -n (0 o c amp o�� 0 2 0 m 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11 10912010 AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of a wrecker from Grande Truck Center, San Antonio, Texas for the total amount of $61,998. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The wrecker will be used by the Police Department and is a replacement to the fleet. Funds have been budgeted by the Police Department in FY 2010 -2011. ISSUE: The Police Department will use the wrecker to move impounded vehicles within the impound lot. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mich ''I arrera Assistant Director if Financial Services mikeb @cctexas.com 361- 826 -3169 BACKGROUND INFORMATION On October 12, 2010 the City Council appropriated $180,496 from anticipated revenues in the General Fund No. 1020, changing the FY 2010 -2011 Operating Budget Adopted by Ordinance No. 028683 by increasing revenues and expenditures by $180,496 each in the General Fund No. 1020 for additional personnel, a new wrecker, and operational costs to hold six more auctions in FY 2010- 2011.Of this $180,496, sufficient monies are allocated and available for the purchase of the wrecker recommended herein. The new wrecker will replace a 1982 model wrecker that has surpassed its service life. Award Basis: The wrecker will be purchased through the cooperative purchasing agreement with H -GAC. H -GAC acts as a purchasing agent for participating members through the inter -local Cooperative Act and abides by all Texas statutes regarding competitive bidding requirements. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION BID INVITATION NO: BI- 0059 -11 COMMODITY: WRECKER BUYER: GABRIEL MALDONADO ITEM DESCRIPTION QTY UNIT Grande Truck Center San Antonio, Texas UNIT PRICE TOTAL PRICE 1 Ford F550 Diesel 4X2 GVWR 17,950 lbs., Chassis with a Vulcan 882 Wrecker Body, Delivery and HGAC Fee are included. 1 EACH $61,998.00 $61,998.00 GRAND TOTAL $61,998.00 5 CITY. COUNCIL AGENDA MEMORANDUM City Council Action Date: November 9, 2010 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application to the Texas General Land Office in the amount of $24,149 for costs associated with preparation of the City's required Erosion Response Plan, with a city match of $16,166 in in -kind services, and a total project costs of $44,315 ISSUE: The Texas General Land Office (GLO) has adopted a rule specifying that local governments must forward a recommended /adopted Erosion Response Plan to the GLO by July 11, 2011. The Erosion Response Plan (ERP) requirement is in response to amendments to the Texas Natural Resources Code passed by the 81st Legislature which make Erosion Response Plans a "...required element in consideration for award of funds for Coastal Erosion Planning and Response Act (CEPRA) Projects by the Commissioner." A grant is available from the Texas General Land Office (GLO) to assist in costs associated with the creation of the City's required Erosion Response Plan. REQUIRED COUNCIL ACTION: Approval. PREVIOUS COUNCIL ACTION: None. CONCLUSION AND RECOMMENDATION: Approval of the resolution will begin the grant application process. Any grants that are awarded will still have to be accepted by City Council action Juan Perales, • r., P.E. Assistant City Manager, Departments of Engineering and Development Services Email: johnnvlD @cctexas.com Phone: 361 -826 -3828 Attachments 1. Background Information 2. GLO Proposed Work Program and Timeline 3. Proposed Budget 4. Texas Register Discussion and Rule Text 5. Checklist for City Erosion Response Plans 6. Resolution GLO Grant for an Erosion Response Plan November 9, 2010 Attachment 1: Background Information BACKGROUND INFORMATION The Texas Genera! Land Office (GLO) has adopted a rule specifying that local governments must forward a recommended /adopted Erosion Response Plan to the GLO by July 11, 2011. The Erosion Response Plan (ERP) requirement is in response to amendments to the Texas Natural Resources Code passed by the 81st Legislature which make Erosion Response Plans a "...required element in consideration for award of funds for Coastal Erosion Planning and Response Act (CEPRA) Projects by the Commissioner." The Texas General Land Office (GLO) has provided a work plan and staff have compiled a budget for a $40,315 dollar project with GLO providing a $24,149 grant and the city providing a $16,166 in -kind match. Staff in -kind match will include mapping, research, writing the plan and any other tasks necessary for developing and adopting a city plan. An essential element that must be included in the erosion response plan will be a building setback to prevent construction within the foredune ridge on Mustang and Padre Islands. The setback would prohibit most development (dwellings, commercial buildings, etc.) from being permitted for construction in the dunes. The purpose of the setback is to minimize the degree of public expenditure that will be required for mitigation of continuing erosion, as well as the losses from storm damage to public and private property. It also will provide additional protection to the island dune system. The City is required to prepare the ERP within its jurisdiction and for the Gulf beaches in Kleberg County north of the Padre Island National Seashore (PINS) as Kleberg County has delegated Dune Protection to the City. Since Nueces County has retained dune permitting authority within the City, the County is also preparing an Erosion Response Plan. As part of the grant budget, some contractual work is proposed. The GLO's proposed work program Task 1 requires the City to review the Bureau of Economic Geology's 50 year erosion rates (2004) for consistency with the most recent natural or manmade beach erosion trends. If the City finds that the BEG's erosion rates are not consistent with recent observations, then the City may propose a different erosion rate. Evaluation of the erosion rates will be based on scientific review of existing studies in coordination with the GLO. Public beach access must also be addressed in the Erosion Response Plan (ERP). The City has Beachfront Construction authority inside city limits and in Kleberg County north of PINS. Beachfront Construction authority requires the City to issue a Beachfront Construction Certificate for all new construction located landward of the mean high tide to the first public road or 1,000 feet inland, whichever is greater. Generally, the area of authority is between mean high tide and State Highway 361 on Mustang Island and mean high tide and Park Road 22 on North Padre Island. The purpose of the Beachfront Construction Certificate is to protect the public's right of access along and to the gulf beach. Page 1 of 2 -48- GLO Grant for an Erosion Response Plan November 9, 2010 A detailed listing of items that must be addressed in the Erosion Response Plan is provided in Attachment 5. Highlights from this list include: • • • f • • • A setback line landward of the vegetation line; Criteria for establishing the setback line; Criteria for construction within the setback area; Allowances for exemptions to the setback criteria for existing structures or where there is no practicable alternative; Conditions for construction of exempt structures; An inventory of all public beach access amenities and access ways; Procedures for preserving and enhancing the public's right of access to and use of the public beach after a storm event; Post storm damage assessment and requirements for rehabilitation; Procedures for preserving, restoring and enhancing critical sand dunes for natural storm protection; Requirement for public input and public meetings prior to City Council action; and Ensuring the City's Chapter 10 Beachfront Management and Construction or any other City codes been changed for consistency with the Erosion Response Plan. Page 2 of 2 -49- GLO Grant for an Erosion Response Plan November 9, 2010 Attachment 2: GLO Proposed Work Program and Timeline Entity: City of Corpus Christi Project Name: City of Corpus Christi Erosion Response Plan Contract Number: Project Description: The Texas General Land Office (GLO) will establish guidelines in 2010 for the development of local Erosion Response Plans (ERPs) that incorporate a building set -back line. The guidelines for ERPs will include provisions for prohibition of building habitable structures seaward of the building set -back line, exemptions for certain construction seaward of the set -back line, stricter construction requirements for exempted construction, improvements to and protection of public beach access points and dunes from storm damage, and procedures for adoption of the plans. While adoption of these plans by local governments is voluntary, implementation of the plans is a consideration for award of funds for Coastal Erosion Planning and Response Act (CEPRA) Projects by the GLO Commissioner. Therefore, the City wants to take a proactive approach and begin the development of a City's ERP to be attached as an Amendment to the existing City's Beach Access and Dune Protection Plan. The following tasks will be performed in the formulation of the ERP: I. Development of the Set -Back Line (SBL) 2. Identification of Opportunities for Mitigation 3. Erosion Response Plan Development 4. Public Outreach Some of these tasks are specific requirements of the GLO guidelines for development of ERPs, and other tasks will be required to create a comprehensive, yet focused, erosion response plan. Special Award Conditions: 1. This project must be completed as described in this work plan. 2. The GLO and/or NOAA must approve any changes in the scope of work or budget requests that change the total project cost. 3. CMP and NOAA logos, including appropriate acknowledgment statement, must be printed on education/outreach materials, signs, and final reports and/or publications. Task 1 Description: Development of the Set -Back Line (SBL) Under this task a SBL will be developed based on the erosion rates, line of vegetation (LOV), and dune protection line (DPL). The following sub -tasks will be addressed in the development of the SBL. Sub -Task, Erosion Rates for the City of Corpus Christi The Texas Bureau of Economic Geology (BEG) erosion rate maps for the City will be collected and reviewed for consistency with the most recent erosional trends caused by natural and Page 1 of 5 _50- GLO Grant for an Erosion Response Plan November 9, 2010 anthropogenic events, such as hurricanes and improvements to the Packery Channel. If BEG erosion rates are found not to reflect recent morphological changes of the City and Kleberg County Gulf shorelines north of Padre Island National Seashore (PINS), the most recent historical aerial photography will be acquired, rectified, and used to compute new erosion rates. Coordination with the GLO will be required during the process of evaluating and updating erosion rates for the county in order to ensure that the correct erosion rate is properly implemented in the delineation of a SBL. For example, a decision must be made whether the most recent 5 -year erosion rate or the average erosion rate over the last 50 years is to be used in the SBL determination. This coordination with the GLO will be an important factor in the delineation of the SBL. Sub -Task, Line of Vegetation The Line of Vegetation (LOV) must first be determined, as the SBL is measured landward starting from the LOV. The delineation of the LOV will be done in coordination with the GLO and in accordance with GLO rules to be issued in 2010; the LOV will not be considered final until approved by the GLO and local communities. GLO maps delineating the LOV will be used as a starting point. Where the LOV has not been previously delineated, an attempt will be made to establish its location in coordination with the GLO and local communities. The LOV will be delineated on the most recent rectified aerial photography to verify that the derived LOV applies to the current condition of the beach and dune system. The GLO may require that the LOV be ground - truthed through surveying; this survey may not be required along the entire length of shoreline for the City or Kleberg County. The cost to survey the LOV, if required by the GLO, is not included in this task. Sub -Task, Dune Protection Line The SBL may not be located landward of the Dune Protection Line (DPL). Therefore, the existing delineation of the DPL will be collected and evaluated for accuracy. Results of this review will be coordinated with Nueces County and the GLO to determine concurrence by all parties. No surveying will be executed to ground -truth this line; however, its location will be checked for accuracy with the most recent rectified aerial photography. Sub -Task, Set -Back Line The SBL will be determined using new GLO rules and guidelines, by taking into account the appropriate historical erosion rates and allowing for shoreline retreat. As directed by the enacting legislation, a primary goal will be to minimize the degree of public expenditure that will be required for mitigation of continuing erosion, as well as the losses from storm damage to public and private property. Deliverable(s)/Milestone(s): 1. Hard copies of maps in 11" x 17" format will be developed for the City's coastline, showing the erosion rate, LOV, DPL, and SBL. 2. The maps will also be provided digitally in ArcMap format, either on CD, or electronically via email or FTP site. Page 2 of 5 —51— GLO Grant for an Erosion Response Plan November 9, 2010 Deliverable Due Date(s): 1/31/2011 Task 2 Description: Identification of Opportunities for Mitigation Mitigation opportunities will be identified for the City and portions of Kleberg County shorelines. Opportunities for mitigation may address the restoration, protection, and enhancement of the dune system, beach access points, and the beach access infrastructure. Sub -Task, Beach Access, Dunes, and Infrastructure Procedures to preserve, restore, and enhance sand dunes for natural storm protection and conservation purposes will be developed in coordination with the City and GLO. These procedures will identify specific goals and implementation schedules, as funding becomes available, to protect and enhance dunes so that they provide protection against storm surge, where possible. A condition assessment of existing dune systems along the Gulf of Mexico shorelines in City and portions of Kleberg County will be executed. The condition assessment will identify the healthy, damaged, or non- existent dune systems and will identify opportunities along the shoreline where dune restoration may be implemented to restore this natural resource and/or enhance storm damage protection. Recommendations of procedures to preserve access to and use of the public beach and to prevent losses due to erosion and storm damage will be made. An assessment of public access areas will be performed to identity all beach access points along the Nueces and Kleberg County shorelines. The assessment will also identify which of the beach access points need to be enhanced, protected, or restored. A list of goals and opportunities for protecting beach access points against damage from storms and erosion will be developed. At each access point in need of protection or enhancement, a protection and/or enhancement configuration will be identified and a schedule of implementation will be developed, to be executed as funding for the protection/enhancement becomes available. Sub -Task, Prioritization of Mitigation Opportunities Beach access points, dunes, and infrastructure in need of restoration, protection, or enhancement will be listed and ranked according to prioritization criteria identified and developed by the County. Once the needs are prioritized, a schedule for project implementation will be developed, based on the anticipated availability of funding. Deliverable(s) /Milestone(s): 1. A detailed report will be issued in both hard copy and electronic pdf formats to include: a) Condition assessments of dune systems in City and portions of Kleberg County, b) Condition assessments of beach access points, with recommendations for those needing specific protection or restoration measures, and a general description of the recommended measures, and c) Prioritized list of the mitigation opportunities with general design approach and estimated costs assigned to each, so that individual items can be addressed as funding becomes available. Page 3 of 5 —52— GLO Grant for an Erosion Response Plan November 9, 2010 Deliverable Due Date(s): 3/31/2011 Task 3 Description: Erosion Response Plan Development An Erosion Response Plan (ER?) document will be developed. The plan will identify the erosion rates to be used in establishing the SBL. The GLO rules will be used as guidance on how best to allow for shoreline retreat in determining the SBL from the LOV and DPL. The ERP will be developed in a form that can be incorporated as an amendment to the City's beach access and dune protection plan. Once the City Council has formally approved the ERP, it will be submitted to the GLO for review and approval as a dune protection and beach access plan amendment to be given final approval by the GLO. Deliverable(s)/Milestone(s): A completed Erosion Response Plan that can be incorporated as an amendment to the City's dune protection and beach access plan, with all of the elements required by the GLO ERP rulesl. Deliverable Due Date(s): 5/31/2011 Task 4 Description: Public Outreach Public education meetings on the ERP will be held in the City before implementation of the plan, with meetings to be advertised in the same manner as required for public hearings required to establish a new DPL. Presentations at the meetings will summarize the collected data on erosion rates and LOV and DPL delineations, and provide an explanation of the process for determining the SBL and other elements of the ERP. Public comment together with input from the GLO and the City staff will be integrated as necessary and used to refine the plan before it is brought to a formal hearing before the City's City Council, and its incorporation as an amendment to the City's dune protection and beach access plan. Deliverable(s)/Milestone(s): Presentations at public meetings in the City of the collected coastal data and new SBL profile for the City with explanation of the new rules and procedures to be adopted as part of the Erosion Response Plan. Deliverable Due Date(s): 8/31/2011 Page 4 of 5 —53— I. ■■■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ •■ ■■ •■ •••••••• a ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■ ■■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■■■■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■ ■■■■■■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■■■■■■■ •••••■■ U ■ ■ ■ ■ ■■■■ ■■■ ■■■■ III ■ ■■■■■ MIN ■■ ■ ■ ■ ■■■■■ ■ ■ ■ ■■■■ ■ ■ ■ ■ ■ ■ ■■ • ■■■ ■ ■■ ■■■■■ ■ MI= ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■11■■ ■■■ ■■■■■■■■■ ■■ ''■■ 111••••••••• 11111•111•M ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■IOU •■■■■■■■■■■ ••■■ ■■■■■■■■■■■■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■■■ ■ ■ ■ ■ ■ •••••••••■ ■ III ■ ■■■■■■■ ■ ■ ■■■ ■■■■•■■■■•••••■ L ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■ ■■ ■■■■ ■ ■ ■ ■ ■ ■ ■■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■■ ■ ■ ■ ■ ■ ■■ ■ ■■■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■■■■ ■■ ■ ■■ ■ ■■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■■■ ■■ ■ ■ ■■■ ■ ■■ ■ ■ ■ ■■ ■■■■■■■ ■■■■■ ■■■ ■ ■■ ■■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■• ■ ■ ■ NMI ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■1■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■ ■' ■ ■ ■■ III ■ ■■U■ ■■■ ■■ ■■■■ ■ ■■ ■■ ■ ■ ■■ ■■ III ■■■■■■ ■ ■■■ ■■ ■ ■ ■ ■ ■■■ ■ ■ ■ ■■ ■■■° ■ ■■■ ■ ■'`` ■ ■ ■ ■ ■ ■ ■■ ■ ■■ ■ ■■■■ ■ ■ ■■■ M. ■■■■■ a ■■■■ ■■ •■■■ ••••••••■•■ I- fU U- ■ ■■ ■ ■ ■ ■ ■ ■■ ■■■■■■■ ■■ III ■ ■ ■ ■ ■■ ■■■■■ ■■ ■■■■II I■■■■ Ell ■ ■■ ■ ■■■ ■ ■ ■■ ■ ■ ■ Ell -:■ ■■ ■ ■■III ■ ■■ ■ ■II ■ ill ■ ■ ■ ■ ■ ■■■ ■ ■■■ ■■ ■ ■ ■ ■ ■ •••••• ■■ ■ ■ ■■ ■■ ■■■ ■ ■ ■III ■■.■■■ ■■■■■ ■ ■■ ■■ ■ ■■ ■■■ ■ ■ •■ ■ •■■ ■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■■■ ■ ■■ ■ ■ ■ ■ ■■ _` ■ ■ ■ ■ ■■ ■ ■ ■ ■■ • ,:. ■ ■ ■ ■ ■■ ■ ■■ ■■■ ■ ■■ ■ ■ ■ ■1■ ■ ■ ■ ■ ■ ■ ■■ ■ ■■ ■ ■.' ■ ■ ■ ■ ■■■ ■ ■ ■ ■ ■ ■■■ ■ ■::■■ ■■■ ■ ■■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■■ ■ ■ ■ ■■■ ■ ■■■■ ■ ■■ ■■ ■■■ ■ ■ ■ ■ ■ ■■ ■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■■ ■ ■ ■■ ■ ■ ■■ ■ ■ ■ ■ ■■ ■■■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■■ ■ ■ ■ ■ ■ ■ MIN ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■■ ■ ■ ■■ ■ ■■ ■ ■■ ■■ ■■ ■ ■III ■■■ ■ ■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■■ ■■ ■■■■ ■ ■ ■ ■ ■ ■ ■■■■ ■■ ■■■ ■ ■■ ■ ■ ■■ ■ ■ ■ ■■ ■■ ■ ■ ■ ■ ■■ ■■ ■ ■■■ ■■ ■ ■ ■■ ■ ■ ■ ■ ■■ ■■ ■■■ ■ ■ ■ ■ ■ ■■ ■ ■ ■ ■ ■■ ■ ■ ■■ ■■ ■ ■ ■■■■ Target Dates Per GLO NOAA Approval Consultant Hired Coordinate with GLO Consultant Report Preliminary and Final N 's+ C 0 C. 0. 0 C 0 no a 0 C 0 0 C. 0_ m C In U E N In U C 7 C Conditions Assessment of Dunes —54-- Condition Assessment of Beach Access Prioritized List of Mitigation Opportunities - Co C 0. 0. m C R 4- C 9 D 0. 0_ E U 0 0. CU U C 0 -C V W C 0 6} E • E o CL a U N C C E • 0 7 0 � � V O m U GLO Review GLO Comments tea Public Out Reach Beach Dune Committee Review City Council Public Hearing Action Final Approval Attachment 3: Project Budget: (Proposed and Reviewed by the GLO) Page 1 of 1 _55— GLO Grant for an Erosion Response Plan November 9, 2010 Attachment 4. Texas Register Discussion and Rule Text Excerpt published on June 18, 2010 35TexReg pages 5175 thru 5182 Page 1 (4'9 -56- TITLE 31. NATURAL RESOURCES AND CONSERVATION PART 1. GENERAL LAND OFFICE CHAPTER 15. COASTAL AREA PLANNING TheGeneralLandOffice (GLO) proposes new §15.17, concerning local government Erosion Response Plans, and amendments to §15.41, concerning the evaluation process for coastal erosion studies and projects, in order to provide guidelines for local governments to establish Erosion Response Plans (ERPs). The guidelines for ERPs include provisions for consideration of local erosion conditions, prohibition of building habitable structures seaward of a building set -back line, exemptions for certain construction seaward of the set -back line, stricter construction requirements for exempted construction, improvements to and protection of public beach access and dunes from storm damage, and procedures for adoption of plans. Adoption of ERPs by local governments is a required element in consideration for award of funds for Coastal Erosion Planning and Response Act ( CEPRA) Projects by the Commissioner. The proposed amendment to §15.41 adds consideration of whether a local government has implemented an ERP to the factors considered by the Commissioner for a CEPRA award for a project within the local government's jurisdiction. BACKGROUND AND SECTION -BY- SECTION ANALYSIS OF PROPOSED RULES §15.17. Local Government Erosion Response Plans. Texas Natural Resources Code §33.607(g) as amended by House Bill (HB) 2819, 80th Legislature and §33.607(e), (f), and (g) as amended by HB 2073, 81st Legislature authorize the Commissioner to adopt rules for the establishment and implementation of Erosion Response Plans. Section 33.607(e) requires a local government subject to Chapters 61 and 63 to use historical erosion data and the coastal erosion response plan published by the Commissioner under §33.602 to prepare a local plan for reducing public expenditures for erosion and storm damage losses to public and private properties. Plans developed under §33.607(e) may include a set -back line that will accommodate a shoreline retreat. The local government is GLO Grant for an Erosion Response Plan November 9, 2010 required to hold public educational meetings before implement- ing the plan to establish an ERP through the plans, orders, or ordinances provided by Chapter 61 (Open Beaches Act) and Chapter 63 (Dune Protection Act). Texas Natural Resources Code §33.607(f) provides further guidance on plan contents by outlining provisions for preservation and enhancement of the public's right of access to and use of the public beach, the protection of critical dunes for natural storm protection and conservation purposes, the procedures for implerrienting an optional set -back fine, the prohibition of construction seaward of a set -back line, and the acquisition of fee title to or a lesser interest in property seaward of the building set -back line. The GLO proposes new §15.17 which incorporates guidelines for local governments to address when implementing the provisions of Texas Natural Resources Code §33.607(e) and (f). The new rule includes certain benchmarks local governments may use when determining an initial reference point for a proposed set- back line, including the line of vegetation (LOV), Mean Low Tide, Mean High Tide, or the line depicted in a coastal boundary survey approved and filedasprovided inTexas Natural Resources Code §33.136. The primary objective of a buildingset- backlineistoprohibit construction of all structures seaward of the line except in cases where no practicable alternative exists. The new rule outlines matters the plan should address including a presumption that a permit applicant has met the dune mitigation sequence requirements for avoidance and minimization if it complies with a building set -back provision, exemptions from set- back provisions, stricter building standards for exempted property, use of a registered professional engineer licensed in the State of Texas for design and certification of structures, and minimization of impacts to natural dune hydrology. Local governments must address in the ERP relocation of habitable structures built seaward of a building set -back line as an exempt property to insure their removal in the event of damage, destruction, or placement on the public beach as a result of storm damage or erosion. Local governments are also required to address protection of the foredune ridge when siting new construction, enhanced measures to protect existing dunes, preparing goals and implementation schedules for protecting public access and the foredune ridge, and re- establishment of access areas and the foredune ridge when impacted by storms and erosion. Finally, the ERP outlines procedures for local governments to establish criteria for voluntary acquisition of properties seaward of the set- back line. The rules include guidelines for submitting ERPs to the GLO for approval before being certified as an amendment to the local government beach access and dune protection plan and being considered for funding under CEPRA. §15.41. Evaluation Process for Coastal Erosion Studies and Projects. Texas Natural Resources Code §33.605(b) as amended by HB 2073 requires the Commissioner to consider whether a local gov- ernment Is adequately administering a plan for reducing public expenditures for erosion and storm damage losses prepared by the local government under Texas Natural Resources Code §33.607 in determining whether to approve an expenditure from the Coastal Erosion Response Account for a coastal erosion study or project within a local government's jurisdiction. The GLO proposes an amendment to §15.41 to conform the GLO's rules for evaluation of CEPRA project goal summaries to the statute as amended by HB 2073. FISCAL AND EMPLOYMENT IMPACTS Page 2 of 9 Helen Young, Deputy Commissioner for the GLO's Coastal Re- sources Program Area, has determined that for each year of the first five years the new section and amendments as proposed are in effect there will be no fiscal implications for state government as a result of enforcing or administering the new section and amendments. There may be fiscal impacts on local governments for each of the first five years the new section and amendments as proposed are in effect as a result of enforcing or administering §15.17 and §15:41, if the local government does not adopt and implement an ERP consistent with these proposed rules. As provided in Texas Natural Resources Code §33.605(b), the Commissioner must consider whether a local government is adequately administering a plan for reducing public expenditures for erosion and storm damage losses prepared by the local government under Texas Natural Resources Code §33.607 in determining whether to approve a CEPRA grant request for a project within the local government's jurisdiction. The local governments may lose eligibility for CEPRA funds for failure to implement an ERP intended to reduce public expenditures. Ms. Young has determined that the proposed rule amendment in §15.41 will not increase the costs of compliance for small or large businesses and individuals required to comply with the amended section. Ms. Young has determined that there may be fiscal implications to local governments or additional costs of compliance for large and small businesses or individuals resulting from proposed new rule for implementation of Erosion Response Plans 015.17). However, these fiscal impacts cannot be estimated with certainty at this time, since significant components of these plans are optional for local governments. In addition, it is the opinion of the GLO that the costs of implementation of Erosion Response Plans will be offset by a reduction in public expenditures for erosion and storm damage losses to private and public property. Communities that adopt substantial elements of these guidelines provided by the GLO may qualify individual flood insurance policies for reduced National Flood Insurance Program insurance rates. In those local jurisdictions that adopt a building set -back line, de- velopment costs may increase if construction is moved landward and less space is available for habitable structures. In the case of structures built seaward of the building set -back line, stricter building standards may increase the cost of construction. It is expected that costs of compliance for businesses or individuals will be offset by reduction in losses due to storm damage. New structures that are constructed behind the building set -back line will have reduced losses because of a reduction in the intensity of storm surge and a delayed exposure to erosion. New structures constructed seaward of the building set -back line will have reduced losses because of stricter building standards and improvements in storm protection through upgrades to access points and foredune ridges. In addition, the presumption of com- pliance with dune mitigation sequence requirements for avoidance and minimization will simplify and reduce the cost to developers of crafting dune mitigation plans for large -scale developments. Local governments may choose to purchase open land or prop- erties damaged by storms to prevent future encroachment on the public beach or storm exposure. Funding requirements and sources will need to be identified by local governments in Erosion Response Plans for these purchases. The GLO has determined that a local employment impact state- ment on these proposed regulations is not required, because the —57— GLO Grant for an Erosion Response Plan November 9, 2010 proposed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. PUBLIC BENEFIT Ms. Young has determined that each year for the first five year period the new section and amendment are in effect the public will benefit from local government adoption of Erosion Response Plans because of reduced public expenditures associated with lossofstructuresandpublicinfrastructureduetostormdamageand erosion, disaster response costs, and loss of life. If local governments establish a building set -back line based on erosion rates, longer time periods will allow for depreciation of new buildings before being subjected to erosion, especially modern hotels and condominiums. Placing structures further landward is also important because natural dune processes are allowed to continue with minimal disturbance and the risk to life and property from storm damage and public expenses of disaster relief will be reduced. By placing structures (especially taller and larger structures) further landward, the additional hazards created by tall buildings when subjected to storm surge will be reduced. Further, the increased intensity of use associated with these large building complexes and the greater demand for public services, such as sewer and water, are minimized. Larger structures are more difficult to move, and create increased pressure on the state and local government for the construction of hard erosion control structures, further increasing public expenses. The public will also benefit due to reduced storm damage loss to properties exempted from constructing landward of the building set -back line. Exempted properties, including property which has an existing beachfront construction certificate or dune protection permit, and properties with no practicable alternative to building landward of the set -back line, will be subject to stricter building standards. Additionally, existing structures and properties constructed seaward of the building set -back line will be protected by local government implementation of plans to improve foredune ridges and beach access points to protect against storm surge. Scientific and engineering studies considered by the GLO noted that during Hurricane Alicia in 1983, vegetation line retreat and landward extent of storm wash -over deposits were greater for developed areas than for natural areas (Bureau of Economic Geology Circular 85 -5). This difference is attributed in part to the fact that naturally occurring vegetated dunes are stronger than reconstructed dunes due to greater root depths of dune vegetation. (Circular 85 -5). ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS FOR SMALL AND MICRO BUSINESSES. As required by the Texas Government Code §2006.002(c) and (f), the GLO has determined that the proposed new §15.17 may have an adverse economic effect on entities that meet the definition of a small or micro business under the Texas Government Code §2006.001(1) or §2006.001(2). The Texas Government Code §2006.001(1) defines a micro business as a legal entity, including a corporation, partnership, or sole proprietorship that: (i) is formed for the purpose of making a profit; (ii) is indepen- dently owned and operated; and (iii) has not more than 20 em- ployees. The Texas Government Code §2006.001(2) defines a small business as a legal entity, including a corporation, partnership, or sole proprietorship, that: (i) is formed for the purpose of making a profit; (ii) is independently owned and operated; and (iii) has fewer than 100 employees or less than $6 million in annual gross receipts. Each of the elements in §2006.001(1) and §2006.001(2) must be met in order for an entity to qualify as a micro business or small business. The GLO has identified Page 3 of 9 -58- three categories of small business entities described in the North American Industrial Classification System (NAICS) Table in the HB 3430 guidelines published by the Texas Comptroller of Public Accounts at https: / /fmx.cpa.state.tx.usffmx /legis /ecoeffect/ that may be affected by the proposal for local government erosion response plans that may include building set - backs. The NAICS categories that include small businesses that may be affected by the proposal are as follows: NAICS No. 2361 "Residential Building Construction," NAICS No. 53 "Real Estate /Rental /Leasing," and NAICS No. 72 "Accommodation /Food Service." The number of small businesses as defined in HB 3430 identified by the Comptroller in the respective categories are as follows: Residential Building Construction - 6,206; Real Estate /Rental /Leasing 17,128; and Accommodation /Food Service - 23,630. Approximately 7% of the state's population resides in the coastal counties that have approved dune protection and beach access plans that would be subject to the proposal. The GLO estimated that a portion of the state's small business in the same proportionate share of the state's population in those counties would be affected by the proposal. Therefore it estimated that the number of small businesses in the coastal counties affected by the proposal would be as follows: Residential Building Construction -434; Real Estate /Rental /Leasing - 1,199; and Accommodation /Food Service - 1,654. As described in the Fiscal Impact and Public Benefit discussion above, the costs of compliance with the new proposal for small businesses may increase in jurisdictions that adopt building set- back lines, but cannot be estimated with certainty. Those increased costs will be mitigated by the benefits of reduction in storm damage and erosion losses, potential lower flood insurance rates for property owners, reduced cost for designing dune mitigation plans. As required by the Texas Government Code §2006.002(c)(2), the GLO considered several regulatory alternatives to the pro- posal to minimize the impacts to small businesses consistent with health, safety, and environmental and economic welfare of the state. One alternative considered included a regulation that included building set -back lines with no exemption for building seaward of the line. This alternative was rejected because the implementation of a strict building set -back line without exemp- tions where there was no practicable alternative might require compensation by the local government required by state and federal constitutional prohibitions against taking of private property. This alternative is not consistent with the statutory and regulatory goal of reducing public expenditures. Another alternative would be to include a regulation that relied only on measures other than building set -back lines to respond to the threats of damage from storms and erosion, including hard erosion response structures and beach nourishment projects. Although these erosion response activities may be effective, they require large public expenditures to construct and maintain and are not consistent with the goal of reducing such public expenditures. Another alternative considered would be to exempt small businesses from the requirements of the proposal. The proposed rule includes exemptions from the building prohibition seaward of a set -back line that has the affect of limiting the impact of the regulation on small businesses. A small business is more likely to own a small tract of land for which there may be no practicable alternative to building landward of a set -back line and would, therefore, be exempt from the building prohibition. However, exemption from the stricter construction requirements would not be in the inter- est of public health and safety as the structure would likely be GLO Grant for an Erosion Response Plan November 9, 2010 exposed to greater danger of damage from storm tides and potentially create hazards to adjacent inland property. CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM The new rule for local government Erosion Response Plans con- tained in §15.17 is subject to the Coastal Management Program (CMP), 31 TAC §505.11(c), relating to the Actions and Rules sub- ject to the CMP. The GLO has reviewed these proposed actions for consistency with the CMP's-goals and policies in accordance with regulations of the Coastal Coordination Council (Council). The applicable goals and policies are found at 31 TAC §501.12 (relating to Goals) and §501.26 (relating to Policies for Construction in the Beach /Dune System). Section 15.17 is consistent with the CMP goals outlined in 31 TAC §501.12(1), (2), (3), and (6). These goals seek protection of CNRAs, compatible economic development and multiple uses of the coastal zone, minimization of the loss of human life and property due to the impairment and loss of CNRA functions, and coordination of GLO and local government decision - making through the establishment of clear, effective policies for the management of CNRAs. ERPs will allow the GLO and local governments to develop plans that are tailored to the unique natural features, degree of development, storm, and erosion exposure potential of each area. The new rule for ERPs in 31 TAC §15.17isaisoconsistentwiththe CMP policies outlined in 31 TAC §501.26(a)(1) and (2) that prohibit construction within a critical dune area that results in the material weakening of dunes and dune vegetation or adverse effects on the sediment budget. ERPs will provide reduced impacts to critical dunes and dune vegetation by placement of structures further landward, reduce dune area habitat and biodiversity loss, and reduce structure encroachment on the beach which leads to interruption of the natural sediment cycle. The amendment proposed for §15.41 concerning consideration of whether a local government has implemented an ERP as a factor considered by the Commissioner for a CEPRA award conforms the rule to a legislative change and is not subject to the CMP, 31 TAC §505.11(c), relating to the Actions and Rules subject to the CMP. Individual erosion response projects undertaken in compliance with these rules may be subject to the CMP, and consistency with the CMP is determined at the appropriate stage of project planning. Consequently, the GLO has determined that the proposed actions are consistent with the applicable CMP goals and policies. Theproposedrulemaking will be distributed to Council members in order to provide an opportunity for comment on the consistency of the proposed rules. TAKINGS IMPACT ASSESSMENT The GLO has evaluated the proposed new rule and amend- ments to determine whether Texas Government Code, Chapter 2007 (Private Real Property Rights Preservation Act), is appli- cable and whether a detailed takings assessment is required. The GLO has determined that the proposed new section and amendments do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amendments to the United States Constitution or Article I, Sections 17 and 19 of the Texas Con- stitution. In the controlling legal authority on the issue, Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), the U.S. Supreme Court found a constitutional taking where a construc- tion set back line "denies all economically beneficial or produc- tive use of land." The Court held that the government must pay just compensation for such "total regulatory takings," except to Page 4 of 9 the extent that "background principles of nuisance and property law" independently restrict the owner's intended use of the property. New §15.17 concerning Local Government Erosion Response Plans includes guidelines providing exemptions from building set- back requirements for property for which the owner has demonstrated that no practicable alternatives to construction seaward of the building set -back line exist. In applying its regulation, the local government could make a determination on a case -by -case basis to permit construction of habitable structures in the area seaward of the building set -back line and landward of the line of vegetation if it caused severe and unavoidable economic impacts and thus avoid an unconstitutional taking. In addition, new §15.17 and building set -back lines adopted by local governments under that section would not constitute a statutory taking under the Private Real Property Rights Preservation Act inasmuch as Texas Natural Resources Code §33.607(h) as added by HB 2819 provides that Chapter 2007, Texas Government Code, does not apply to a rule or local government order or ordinance authorized by §33.607. The amendment proposed for §15.41 concerning consideration of whether a local government has implemented an ERP as a factor considered by the Commissioner for a CEPRA award conforms the rule to a legislative change and does not affect private real property rights. ENVIRONMENTAL REGULATORY ANALYSIS The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225 and determined that the action is not subject to §2001.0225 because it does not exceed express requirements of state law and does not meet the definition of a "major envi- ronmental rule" as defined in the statute. "Major environmental rule" means a rule of which the specific intent is to protect the en- vironment or reduce risks to human health from environmental exposure and that may adversely affect the economy, a sector of the economy, productivity, competition, jobs, the environment, or public health and safety of the state or a sector of the state. The proposed amendment and new rule are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state be- cause the proposed rulemaking implements legislative require- ments in Texas Natural Resources Code §33.605 and §33.607. These sections as amended by HB 2819 and HB 2073 provide the GLO with the authority to adopt rules for the establishment and implementation of an ERP by a local government. PUBLIC COMMENT REQUEST To comment on the proposed rulemaking or its consistency with the CMP goals and policies, please send a written comment to Walter Talley, Texas Register, Liaison, Texas General Land Of- fice, P.O. Box 12873, Austin, Texas 78711, facsimile number (512) 463 -6311 or email to walter.talley @glo.state.tx.us. Writ- ten comments must be received no later than 5:00 p.m., 30 days from the date of publication of this proposal. SUBCHAPTER A. MANAGEMENT OF THE BEACH/DUNE SYSTEM 31 TAC §15.17 STATUTORY AUTHORITY _g9_ GLO Grant for an Erosion Response Plan November 9, 2010 The new §15.17 is proposed under Texas Natural Resources Code § §33.607, 61.011, 61.015, 63.054, 63.056, and 63.121. This section as proposed by HB 2819, 80th Legislature and HB 2073, 81st Legislature authorize the Commissioner to adopt rules for the establishment and implementation of Erosion Response Plans that may include a building set -back line, rules for the preservation and enhancement of the public's right to use and have access to and from the public beaches of Texas, rules to certify•thatlocal government plans to manage the beach /dune system are consistent with state law, and rules to insure that proposed construction meets the objectives of the Dune Protection Act. Texas Natural Resources Code § §33.607, 61.011, 61.015, 63.054, 63.056, and 63.121 are affected and implemented by the proposed new rule. §15.17. Local Government Erosion Response Plans. (a) Pursuant to the authority granted by Texas Natural Resources Code, §33.607, local governments must develop plans for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches. The Erosion Response Plan (ERP) should be prepared in consultation with the General Land Office and may include the following elements: (1) A building set -back Iine that will accommodate a shoreline retreat. The local government should consider the following trite ria in establishing a building set -back line: (A) Historical erosion rates as determined by the University of Texas at Austin, Bureau of Economic Geology, or other source approved by the General Land Office; (B) The reference point for the setback line may be any one of the following: (i) The line of vegetation (LOV); (ii) Mean Low Tide; (iii) Mean High Tide; or (iv) The Iine depicted in a coastal boundary survey approved and filed as provided in Texas Natural Resources Code, §33.136; (C) The dune protection line (DPL). The building set- back line may not be located further landward than the DPL, which is established by a local government under the Dune Protection Act and updated as specified in § 15.3(k) of this title (relating to Local Govern- ment Review of Dune Protection Line Location). The building set- back line must protect as much of the critical dune area as practicable. (2) A prohibition on new construction seaward of the building set- back line. The prohibition criteria should include at least the following minimum criteria: (A) To the maximum extent practicable, all structures should be constructed landward of the building set -back line. (B) Construction of structures landward of the building set -back line establishes a rebuttable presumption that the permittee has followed the mitigation sequence requirements for avoidance and minimization of effects on dunes and dune vegetation specified in § 15.4(f) of this title (relating to Mitigation). However, the permittee is not exempt from compliance with compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation. (3) Consideration of exemptions. Local governments may consider exemptions from the prohibition of residential and commer- cial construction seaward of the building set -back line for: Page 5 of 9 -60- (A) properties for which the owner has demonstrated to the satisfaction of the local government that no practicable alternatives to construction seaward of the building set -back line exist. For purposes of this section, practicable means available and capable of being done after taking into consideration existing building practices, siting alternatives, and the footprint of the structure in relation to the area of the buildable portion of the Iot, and considering the overall develop- ment scheme for the property; (B) properties for which construction is permitted under a dune protection and beach access plan establishing a building setback line certified by the General Land Office prior to the effective date of this section; and (C) structures located seaward of the building set -back line prior to the effective date of this section for which modifications are sought that do not increase the footprint of the structure. However, structures seaward of the building set -back line that are damaged more than 50% or destroyed should be subject to this section before any repairs or reconstruction may be conducted. (4) Construction requirements for exempt properties. Where the local government allows an exemption from the prohibition for building seaward of the building set -back line, it should require the following conditions of construction: (A) plans and certifications for the structure by a registered professional engineer licensed in the State of Texas providing evidence of the following: (1) a minimum two -foot freeboard above base flood elevation (BFE); (ii) no enclosures below BFE; (iii) the adequacy of elevated building foundations and the proper placement, compaction, and protection of fill when used as construction for all newly constructed, substantially damaged, and substantially improved buildings elevated on pilings, posts, piers, or columns in accordance with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24 -05; (iv) feasible relocation of any habitable structure; and (v) alI construction is designed to minimize impacts on natural hydrology; (B) location of all construction should be landward of the landward toe of the foredune ridge, where practicable. (5) Procedures for preserving and enhancing the public's right of access to and use of the public beach from losses due to erosion and storm damage. The ERP should include the following: (A) evaluation of all areas of public access to determine those that require improved protection from erosion and storm surge; (B) evaluation of construction methods and design improvements for areas of beach access to reduce costs associated with repair, rebuild, or replacement due to storm damage and erosion; (C) list of goals and implementation schedules for areas of public access design improvements that prioritize short term (two years or less) and long term goals; (D) inventory all publicly funded existing amenities and access ways as a basis for qualifying for FEMA post -storm funding sources; GLO Grant for an Erosion Response PIan November 9, 2010 (E) establishment of procedures based on subparagraphs (A) and (B) of this paragraph for conducting post -storm assessment and identifying requirements for rehabilitation which include: (1) inspection of beach access areas after meteorological events; (ii) compilation of a list of access points that no longer comply with - the local government's approved dune protection and beach access plan and the Beach/Dune rules with a description of specific required repairs and replacements including, but not limited to parking, pedestrian and vehicular access ways, and signage; and (iii) schedules for access area repair and replacement based on available local funding and grant requests. (6) Procedures for preserving, restoring, and enhancing critical sand dunes for natural storm protection and conservation purposes. The ERP should include the following: (A) specific proposals for the height (above mean sea leveI), width (as measured perpendicular to the shoreline), and percent of vegetative cover of critical front row dunes necessary to protect public and private property from severe meteorological events. The minimum dune height should be based on at least 75% of the BFE height from mean sea level established by the National Flood Insurance Program Flood Insurance Rate Maps for the local area; (B) identification and listing of specific locations where restoration is needed to fill in gaps and blowouts in the foredune ridge; (C) specific proposals for dune revegetation projects, including the identification of native plant species to be used in these projects; (D) identification of enhanced dune protection measures for existing residences, multi- family structures and businesses. Establish dune protection measures which protect the landward side of the foredune ridge, which may include, but are not limited to: (i) use of native (indigenous) vegetation; and (ii) limitations on the use of fertilizer and mowing; (E) identification of specific goals and implementation schedules to meet the requirements outlined in subparagraphs (A) -(D) of this paragraph; and (F) identification of available funding and proposed grant requests to accomplish goals and implementation schedules for dune restoration. (7) Criteria for voluntary acquisition of property seaward of the building setback line. The local government may develop criteria for identifying properties with structures located entirely seaward of the building set -back line, providing for voluntary acquisition of fee simple title or a lesser interest in such properties, and procedures for prioritizing properties to be acquired. (b) Local governments must use historical erosion data and other relevant data from the State Coastal Erosion Response Plan in the preparation of local erosion response plans. The State Coastal Erosion Response Plan may be found at http: / /www.glo .state.tx.us /coastallpubs.html #reports. (c) The local government must hold a public educational meeting on the ERP before implementation. The meeting may be held in conjunction with the formal hearing required for establishment of a new DPL, as outlined in § 15.3(1) of this title (relating to Provisions for Page 6 of 9 Public Hearings on Dune Protection Lines). If held separately from the hearing on a new DPL, the meeting must be advertised in the same manner outlined in §15.3(1) of this title. (d) The ERP must be submitted to the General Land Office for review and approval as a dune protection and beach access plan amendment following the procedures outlined in §15.3(o) of this title (relating to Submission of Local Government Plans to the General Land Office). (1) A local government's governing body must formally approve the ERP prior to submission to the General Land Office. The General Land Office must either grant or deny certification of the local government's ERP within 90 days from receipt, as outlined in § 15.3(o) of this title. Certification will be based upon the following criteria: (A) If the local government adopts an ERP consistent with the provisions of this section, it is presumed that the plan will reduce public expenditures due to erosion and storm damage. (B) The local government may adopt an ERP with variances from this section, provided that the plan clearly demonstrates that the variances will reduce public expenditures due to erosion and storm damage losses. If the ERP includes a variance from other requirements or prohibitions of this chapter, the local government must provide a reasoned justification for the variance in accordance with § 15.3(o)(6) of this title. (C) Construction prohibitions, exemptions, and requirements of the ERP should be incorporated into the local government procedures for reviewing and approving permit applications. (2) In the event of denial, the General Land Office must send the ERP back to the local government with a statement of specific objections and the reasons for denial of certification, along with suggestions for modifications. On receipt of the denial, the local government must revise and resubmit the ERP for General Land Office review in accordance with §15.3(0) of this title. (3) A local government implementing an ERP pursuant to this section must ensure that the ERP is consistent with other provi- sions of its dune protection and beach access plan through appropriate amendments and incorporate the ERP into the local government dune protection and beach access plan as a separate appendix that clearly identifies portions of the dune protection and beach access plan that implements the ERP. The ERP must be updated concurrent with each review of the DPL required in §15.3(k) of this title. (4) In order to be fully considered by the General Land Office for an expenditure from the coastal erosion response account (Account) pursuant to Texas Natural Resources Code, §33.605(b)(6)(B), a local government must adopt and submit the ERP or any amendments to the General Land Office for certification no later than December 31 immediately preceding the state fiscal biennium in which funding is sought. Provided, however, for consideration by the General Land Office for an expenditure from the Account in the state fiscal biennium beginning September 1, 2011, a local government must submit a draft ERP to the General Land Office no later than July 1, 2011. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal author- ity to adopt. Filedwiththe Office of the Secretary of State on June 7, 2010. TRa- 201003203 -61 GLO Grant for an Erosion Response Plan November 9, 2010 Trace Finley Deputy Commissioner, Policy and Governmental Affairs General Land Office Earliest possible date of adoption: July 18, 2010 For further information, please call: (512) 475 -1859 SUBCHAPTER B. COASTAL EROSION PLANNING AND RESPONSE 31 TAC §15.41 STATUTORY AUTHORITY The amendments to §15.41 are proposed under Texas Natural Resources Code §33.602(c) which provides the Commissioner of the General Land Office with authority to adopt rules necessary to implement Texas Natural Resources Code, Subchapter H (the Coastal Erosion Planning and Response Act) and Texas Natural Resources Code §33.605 which requires the Commissioner to consider whether a local government is adequately administering a building set -back line established under Texas Natural Resources Code §33.607 in determining whether to approve an expenditure from the Coastal Erosion Response Account for a coastal erosion study or project within a local government's ju- risdiction. Texas Natural Resources Code §33.605 and §33.607 are af- fected and implemented by the proposed amendments. §15.41. Evaluation Process for Coastal Erosion Studies and Projects. The General Land Office (Land Office) will evaluate potential projects proposed by potential project partners for funding from the coastal erosion response account (Account) based on a two-stage evaluation process as described in this section, including an initial evaluation of project goal summaries followed by a further evaluation of preferred alternatives. (1) Initial evaluation of project goal summaries submitted to the Land Office by potential project partners. (A) -(B) (No change.) (C) The Land Office will evaluate project goal summaries received based on the following criteria: (I) -(v) (No change.) (vi) if the project is located within the jurisdiction of a local government that administers a beach/dune program [l 1hether the local government is adequately administering its duties under the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and the Dune Protection Act (Texas Natural Resources Code, Chapter 63); and (II) whether the local government has implemented an Erosion Response Plan for reducing public expenditures due to erosion and storm damage losses established under Texas Natural Resources Code. §33.607. and §15.17 of thi title (relating to Local Government Erosion Response Plans): (vii) -(xi) (No change.) (D) -(E) (No change.) (2) (No change.) Page 7 of 9 -62- This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal author- ity to adopt. Filedwiththe Office of the Secretary of State on June 7, 2010. TRD- 201003204 Trace Finley Deputy Commissioner, Policy and Governmental Affairs General Land Office Earliest possible date of adoption: July 18, 2010 For further information, please call: (512) 475 -1859 SUBCHAPTER A. MANAGEMENT OF THE BEACH/DUNE SYSTEM 31 TAC §15.27 TheGeneralLandOffice (GLO) proposes an amendment to §15.27, concerning Certification Status of Matagorda County Dune Protection and Beach Access Plan. Pursuant to the Open Beaches Act (Texas Natural Resources Code, Chapter 61), the Dune Protection Act (Texas Natural Re- sources Code, Chapter 63), and the Beach /Dune Rules (31 TAC § §15.1 - 15.21), a local government with jurisdiction over gulf beaches must submit its beach management plan and amend- ments to the plan to the GLO for certification, including a plan to impose or increase public beach access, parking, or use fees. The GLO is required to review such plans and certify by rule those plans that are consistent with the Open Beaches Act, the Dune Protection Act, and the Beach /Dune Rules. As provided in 31 TAC §15.8, local governments may request an increase in beach user fees provided that the local government demonstrates that there are additional costs to the local government for providing public services and facilities directly related to the public beach. Matagorda County has requested an approval of an increase in the beach user fee imposed in accordance with 31 TAC §15.8 and Texas Natural Resources Code §61.022(c). On January 25, 2010 the Matagorda County Commissioners Court passed a Resolution, which amended its dune protection and beach access plan to increase the beach user fee imposed by County pursuant to 31 TAC §15.8 from $6 per calendar year to $10 per calendar year. Based on the information provided by Matagorda County, the GLO has determined that the fee increase requested by this jurisdiction is reasonable in that it does not exceed the necessary and actual cost of providing reasonable beach - related facilities and services, does not unfairly limit public use of and access to and from public beaches in any manner, and is consistent with §15.8 of the Beach /Dune Rules and theOpenBeaches Act. Mrs. Helen S. Young, Deputy Commissioner for the GLO's Coastal Resources Program Area, has determined that for each year of the first five years the amendment is in effect there will be no fiscal implications for the state government as a result of enforcing or administering the amendment as proposed. Therewillbea fiscal impact on local governments as a result of enforcing or administering the amended section. Matagorda County will experience an increase in net revenue estimated at approximately $226,063 for each year of the first five years the amended section as proposed is in effect as a result of the increased beach user fees to be collected. GLO Grant for an Erosion Response Plan November 9, 2010 The GLO has determined that the proposed rule changes will not have an affect on the costs of compliance for small businesses or large businesses as the proposed changes relate to permits for parking on the beach. Individuals required to comply with each jurisdiction's amended plan to increase the beach user fee to be collected in fee areas for parking on the beach will experience increased costs for parking of up to $4 per year. The plans for each jurisdiction also identify no -fee areas as required by 31 TAC §15.8(h), which serves t� mitigate the impact of the beach user fee increase. Mrs. Young has determined the public will benefitfromthe increase in the beach user fees imposed in each jurisdiction because the increased fees are necessary for Matagorda to continue to fund and provide adequate and improved beach - related services to the public including: funding for ensuring safe use of and access to and from the public beach, including vehicular controls, management, and parking regulations; acquisition and maintenance of off -beach parking and access ways; sanitation and litter control, including providing and servicing trash recep- tacles; beach maintenance, including removal of debris and re- location of seaweed; law enforcement; beach/dune system edu- cation; beach/dune protection and restoration projects providing public facilities such as portable restrooms, showers, and picnic areas; and permitting of recreational and refreshment vendors. The GLO has determined a local employment impact statement on these proposed regulations is not required, because the pro- posed regulations will not adversely affect any local economy in a material manner for the first five years they will be in effect. The proposal to amend §15.27 relating to Certification Status of Matagorda County Dune Protection and Beach Access Plan is subject to the Coastal Management Program (CMP) as provided in Texas Natural Resources Code §33.2053(a)(10) and 31 TAC §505.11(a)(1)(J), relating to the Actions and Rules Subject to the CMP, and must be consistent with the applicable CMP goals and policies under §501.26, relating to Policies Construction in the BeachlDune System. The GLO has reviewed the proposed rulemaking for consistency with the CMP goals and policies in accordance with the regulations of the Coastal Coordination Council (Council). The proposed action is consistent with the GLO Beach /Dune regulations that the Council has determined to be consistent with the CMP. Consequently, the Land Office has determined that the proposed action is consistent with the applicable CMP goals and policies. The proposed amendments will be distributed to Council members in order to provide them an opportunity to provide comment on the consistency of the proposed rulemaking during the comment period. The GLO has evaluated the proposed amendments to determine whether Texas Government Code Chapter 2007, is applicable and a detailed takings impact assessment required. The GLO has determined the proposed amendments do not affect private real property in a manner that requires real property owners to be compensated as provided by the Fifth and Fourteenth Amend- ments to the United States Constitution or Article I, Sections 17 and 19, of the Texas Constitution. Furthermore, the GLO has determined the proposed amendments would not affect any pri- vate real property in a manner that restricts or limits the owner's right to the property that would otherwise exist in the absence of the rule amendments being proposed. The GLO has evaluated the proposed rulemaking action in light of the regulatory analysis requirements of Texas Government Code §2001.0225, and determined that the action is not subject to §2001.0225 because it does not meet the definition of a Page 8 of 9 "major environmental rule" as defined in the statute. "Major en- vironmental rule" means a rule, the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. The proposed amendments are not anticipated to adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state because the proposed rulemaking implements legislative requirements in Texas Natural Resources Code § §61.011, 61.015(b), and 61.022(e), which provide the GLO with the authority to adopt rules to preserve and enhance the public's right to use and have access to and from the public beaches of Texas and to certify that plans to impose or increase public beach access, parking, or use fees are consistent with state law. To comment on the proposed rulemaking or its consistency with the CMP goals and policies, please send a written comment to Mr. Walter Talley, Texas Register Liaison, Texas General Land Office, P.O. Box 12873, Austin, TX 78711, facsimile number (512) 463 -6311 or email to waiter.talley @glo.state.tx.us. Written comments must be received no later than thirty (30) days from the date of publication of this ro osal. The amendment is proposed under the Texas Natural Resources Code § §61.011, 61.015(b), and 61.022(e) which provide the GLO with the authority to adopt rules to preserve and enhance the public's right to use and have access to and from the public beaches of Texas and to certify that plans to impose or increase public beach access, parking, or use fees are consistent with state law. No other statute, article, or code is affected by this proposal. §15,27. Certification Status of Matagorda County Dune Protection and Beach Access Plan. Matagorda County has submitted to the General Land Office a dune protection and beach access plan which is certified as consistent with state law. The county's plan was adopted on February 13, 1995. The General Land Office certifies that the beach users fees section of the Matagorda County plan adopted by the Matagorda County Commis- sioners Court on March 15, 1999, is consistent with state law. The General Land Office certifies that the pedestrian beach at Matagorda Beach as established by amendments to the county's plan adopted by the Matagorda County Commissioners Court on October 20, 2003, is consistent with state law. The General Land Office certifies that the beach user fees as established by amendments to the county's plan adopted by the Matagorda County Commissioners Court on February 8. 2010. is consistent with state law. This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal author- ity to adopt. Filedwiththe Office of the Secretary of State on June 2, 2010. TRD- 201003088 Trace Finley Deputy Commissioner, Policy and Governmental Affairs General Land Office Earliest possible date of adoption: July 18, 2010 For further information, please call: (512) 475 -1859 -63- GLO Grant for an Erosion Response Plan November 9, 2010 TITLE 37. PUBLIC SAFETY AND CORREC- TIONS PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY CHAPTER 28. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES SUBCHAPTER I. ACCREDITATION 37 TAC §28.144, §28.145 The Texas Department of Public Safety (the department) pro- poses amendments to §28.144 and §28.145, concerning Ac- creditation. The amendment to §28.144 allows the College of American Pathologists (CAP) to be recognized for accreditation of the toxicology discipline completely, and no longer limits CAP to accrediting only the subdiscipline of urine drug screening. The amendment to §28.145 clarifies that the discipline of Ques- tioned Documents, which is subject to the department's accred- itation, includes forensic handwriting comparison. This amend- ment makes this requirement for accreditation of handwriting comparison more apparent to prosecuting and defense attorneys, as well as to law enforcement officials. Cheryl MacBride, Assistant Director, Finance, has determined that for each year of the first five -year period the amendments are in effect there will be no fiscal implications for state or local government or local economies. Ms. MacBride also has determined that there will be no adverse economic effect on small businesses or micro- businesses re- quired to comply with the amendments. There are no economic costs to individuals who are required to comply with the amend- ments. There is no anticipated negative impact on local employ- ment. In addition, Ms. MacBride has determined that for each year of the first five years the proposed amendments are in effect, the public benefit is current and updated rules. The department has determined that this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined tomeana rule that the specificintent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce the risks to human health from environmental exposure. The department has determined that Texas Government Code, Chapter 2007, does not apply to this rule. Accordingly, the de- partment is not required to complete a takings impact assessment regarding the amendment. Comments on the amendments may be submitted to D. Pat Johnson, Deputy Assistant Director, Crime Laboratory Service, MSC 0460, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765 -4143, (512) 424 -2143. The amendments are proposed pursuant to the director's rule - making authority in Texas Government Code, §411.0205 to es Page 9 of 9 —64— tablish accreditation process for crime laboratories and other entities conducting forensic analyses of physical evidence for use in criminal proceedings. Texas Government Code, §411.0205 is affectedbythisproposal. §28.144. List of Recognized Accrediting Bodies. (a) The director recognizes the following accrediting bodies; subject to the stated discipline or subdiscipline limitations: (1) American Board of Forensic Toxicology (ABFT) -- recognized for accreditation of toxicology discipline only. (2) American Society of Crime Laboratory Directors, Laboratory Accreditation Board (ASCLD/LAB) -- recognized for accreditation of all disciplines which are eligible for accreditation under this subchapter. (3) Forensic Quality Services (FQS and FQS -I); formerly known as the National Forensic Science Technology Center (NFSTC)- recognized for accreditation of all disciplines which are eligible for accreditation under this subchapter. (4) Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services (HHS /SAMHA), formerly known as the National Institute on Drug Abuse of the Department of Health and Human Services (HHSINIDA) -- recognized for accreditation of toxicology discipline in the subdiscipline of Urine Drug Testing for all classes of drugs approved by the accrediting body. (5) College of American Pathologists (CAP) -- recognized for accreditation of toxicology discipline [ ]. (b) If an accrediting body is recognized under subsection (a) of this section and the recognized body approves a new discipline, subdis- cipline, or procedure, the director may temporarily recognize the new discipline, subdiscipline, or procedure. A temporary approval shall be effective for 120 days.: for all clasaos of drugs approved by the accrediting body GLO Grant for an Erosion Response Plan November 9, 2010 Attachment 5. Checklist for City Erosion Response Plans Checklist for City Erosion Response Plans Was Erosion Response Plan (ERP) prepared in consultation with the General Land- Office? Does ERP include the following elements: A building set -back line that accommodates retreat? Were the following criteria used to establish the building set -back line: Were the historical erosion rates determined by the University of Texas at Austin, Bureau of Economic Geology, or other source approved by the General Land Office? Page 1 of 4 Is the reference point for the setback line the line of vegetation (LOV), Mean Low Tide; Mean High Tide; or a line depicted in a coastal boundary survey approved and filed as provided in Texas Natural Resources Code, §33.136? Is the building set -back line landward of the dune protection line (DPL)? Does the building set -back line protect as much of the critical dune area as practicable? Does the ERP prohibit new construction seaward of the building set -back line? Does the prohibition criteria include at least the following minimum criteria? To the maximum extent practicable, all structures should be constructed landward of the building set -back line? Any structures constructed landward of the building set -back line must follow the mitigation sequence requirements for avoidance and minimization of effects on dunes and dune vegetation specified in §15.4(f)? Does the ERP allow exemptions from the prohibition of residential and commercial construction seaward of the building set -back line for the following: Properties for which the owner has demonstrated to the satisfaction of the City that no practicable alternatives to construction seaward of the building set -back line exist? Properties for which construction has been issued a dune protection permit or beachfront construction certificate prior to 08/31/2010? Structure located seaward of the building set -back line prior to 08/31/2010 for which modifications are sought may not increase the footprint of the structure? Structure located seaward of the building set -back line prior to 08/31/2010 may not be modified if the structure was damaged more than 50% or —65— GLO Grant for an Erosion Response Plan November 9, 2010 Page 2 of 4 destroyed? If the ERP allows construction on exempt properties seaward of the building set- back line, does the ERP require the following conditions of construction: Plans and certifications for the structure by a registered professional engineer licensed in the State of Texas providing evidence of the following: There is a minimum two -foot freeboard above base flood elevation (BFE)? There are no enclosures below BFE? The adequacy of elevated building foundations and the proper placement, compaction, and protection of fill when used as construction for all newly constructed, substantially damaged, and substantially improved buildings elevated on pilings, posts, piers, or columns under the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24 -05? Relocation of any habitable structure is not feasible? All construction is designed to minimize impacts on natural hydrology? All construction should be landward of the landward toe of the foredune ridge, where practicable? Does the ERP have procedures for preserving and enhancing the public's right of access to and use of the public beach from losses due to erosion and storm damage? Does the ERP include the following: An evaluation of all areas of public access to determine those that require improved protection from erosion and storm surge? An evaluation of construction methods and design improvements for areas of beach access to reduce costs associated with repair, rebuild, or replacement due to storm damage and erosion? A list of goals and implementation schedules for areas of public access design improvements that prioritize short term (two years or less) and long term goals? An inventory all publicly funded existing amenities and access ways as a basis for qualifying for FEMA post -storm funding sources? Procedures for conducting post -storm assessment and identifying requirements for rehabilitation of areas of public access which include: Inspection of beach access areas after meteorological events? —66— GLO Grant for an Erosion Response Plan November 9, 2010 Page 3 of 4 Compilation of a list of access points that no longer comply with the City's approved dune protection and beach access plan and the City's dune protection and beach access rules with a description of specific required repairs and replacements including, but not limited to, parking, pedestrian and vehicular access ways, and signage? Schedules for access area repair and replacement based on available local funding and grant requests? Does the ERP have procedures for preserving, restoring, and enhancing critical sand dunes for natural storm protection and conservation purposes? Does the ERP include the following: Specific proposals for the height (above mean sea level), width (as measured perpendicular to the shoreline), and percent of vegetative cover of critical front row dunes necessary to protect public and private property from severe meteorological events? Is the minimum dune height based on at least 75% of the BFE height from mean sea level established by the National Flood Insurance Program Flood Insurance Rate Maps for the local area? Identify and list of specific locations where restoration is needed to fill in gaps and blowouts in the foredune ridge? Specific proposals for dune revegetation projects, including the identification of native plant species to be used in these projects? Identify enhanced dune protection measures for existing residences, multi- family structures and businesses? Establish dune protection measures which protect the landward side of the foredune ridge Do the dune protection measures include: Use of native (indigenous) vegetation? Limit the use of fertilizer and mowing? Identify specific goals and implementation schedules to meet the requirements? Identify available funding and proposed grant requests to accomplish goals and implementation schedules for dune restoration? Does the ERP provide for the voluntary acquisition of property seaward of the building setback line? Does the ERP have procedures for prioritizing properties to be acquired? Did the City use historical erosion data and other relevant data from the State Coastal Erosion Response Plan in the preparation of the ERP? _67_ GLO Grant for an Erosion Response Plan November 9, 2010 Page 4 of 4 Did the City hold a public educational meeting on the ERP before implementation? Was ERP submitted to the General Land Office for review and approval? Did the City Council formally approve the ERP prior to submission to the General Land Office? Do any variances from the GLO rules demonstrate that the variance will reduce public expenditures due to erosion and storm damage losses or provide a reasoned justification for the variance? Have the construction prohibitions, exemptions, and requirements of the ERP been incorporated into the City's procedures for reviewing and approving permit applications? Is the ERP consistent with other provisions of the City's dune protection and beach access plan? Have appropriate amendments been made to the City's dune protection and beach access plan to incorporate the ERP as a separate appendix that clearly identifies portions of the dune protection and beach access plan that implements the ERP? Was ERP be updated concurrently with each review of the Dune Protection Line? —68— RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A - G RANT-APP L- IC-ATiON- TO -THf TEXAS - GENERAL -- LAND- -0F>=ICE -tN- -- THE AMOUNT OF $24,149 FOR COSTS ASSOCIATED WITH PREPARATION OF THE CITY'S REQUIRED EROSION RESPONSE PLAN, WITH A CITY MATCH OF $16,166 IN IN -KIND SERVICES, AND A TOTAL PROJECT COSTS OF $40,315 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Texas General Land Office in the amount of $24,149 for costs associated with preparation of the City's required Erosion Response Plan. The City match for this grant is $16,166 in in -kind services, for a total project costs of $40,315. SECTION 2. The City Manager, or designee, may accept, reject, or agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 27th day of October, 2010. R. yeining First Assistant City Attorney For City Attorney TGLO Erosion Response Plan grantres 10272010 -69- Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott TGLO Erosion Response Plan grantres 10272010 _70_ 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/9/2010 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute an annual joint funding agreement with the United States Geological Survey (USGS), U.S. Department of the Interior, to gather and maintain accurate records of all inflows and releases in the reservoir system as per Texas Water Rights Permit No. 3358 and for the continuation of surface water quality data collection by the USGS. The City will contribute an amount of $162,865 out of a total project cost of $201,460 during the federal fiscal year October 1, 2010 through September 30, 2011. The Water Department has redirected funds to obtain additional water quality data at sites along the Nueces River and has also eliminated redundant sampling and/or testing. The USGS contract has been adjusted to meet the needs of our permits and source water monitoring requirements. ISSUE: The United States Geological Survey (USGS) established automated river gauging stations as per the City's request in 1981 to gather and maintain accurate records of all inflows and releases in the water reservoir system. In order to continue with the annual watershed gauging program, an annual joint funding agreement between the City and the USGS is necessary. REQUIRED COUNCIL ACTION: To approve the continued funding agreement with the USGS. PREVIOUS COUNCIL ACTION: This agreement has been approved on an annual basis by the previous City Councils. FUNDING: Funds are budgeted in the Wesley Seale Dam (530000 -4010- 30200) and Choke Canyon Reservoir (530000 -4010- 30210) activities of the Water Fund for a total available amount of $162,865. CONCLUSION AND RECOMMENDATION: Approval of continued funding agreement as presented. Attachment: USGS Joint Funding Agreement Gu tavo Gonzal: z, P. -iv Dir ctor of Wate Operations Gus avogo @cctexas.com 826 -1689 BACKGROUND INFORMATION 1r1t381he City requested the United States Geological Survey (USGS) to establish automated river gauging stations to gather and maintain accurate records of all inflows and releases in the water reservoir system. This was necessary to comply with Texas Water Rights Permit No. 3358, which required that specified releases from the reservoir system be made to the bays and estuaries. The initial joint funding agreement was approved by the City Council in 1984, and it provides funds for Geological Survey operations on the Nueces, Frio and Atascosa rivers and tributaries, and at Lake Corpus Christi and Choke Canyon Reservoirs. The USGS maintains all equipment, i.e. stream flow stations, data collection platforms, and analyzes the data gathered to provide gauge height readings, discharge readings, and reservoir content information. The City funds a portion of the operational costs of the stream flow and full service data collection platforms and the full cost of surface discharge gauges below the two dams. The National Weather Service also uses the data collected to predict floods. When fully implemented in 1984, the program included thirteen stations; additional stations were added since the beginning of the program. The Water Department has recently amended the contract, reducing the number of stations due to internal initiatives and redundancies. Presently, there are fourteen strategically located stations in use. The Water Department is developing its. own source water monitoring program initiative which includes additional monitoring of the Nueces River. The implementation of this program has reduced the cost of this agreement from $320,455 (for FY 2009 -10) to $162,865 (for FY 2010 -11) resulting in a cost savings of $157,590. The Water Department has deployed 5 water quality stations that will enable the O.N. Stevens Water Treatment Plant to have real time monitoring capabilities. The department has also installed a real time water quality station at the intake of the Nueces River, providing the same data as the Hazel Bazemore site (USGS #08211450). As a result, this site was not included in the current contract. Water quality at Choke Canyon and Lake Corpus Christi has been monitored on a quarterly basis through our contract with USGS. The reservoirs will now be monitored through an internal monitoring program. As a result, these sites are not included in the current contract (with USGS). The costs of data collection platforms and stream flow stations are shared by the USGS and the City of Corpus Christi, with the costs of other services borne entirely by the City. Funds are budgeted each year in the Water Department operating budget for the City's share of the joint funding agreement. Funds are budgeted in the Wesley Seale Dam (530000 -4010- 30200) and Choke Canyon Reservoir (530000 - 4010 - 30210) activities of the Water Fund for a total available amount of $162,865. U.S. Department of the Interior U.S. Geological Survey Form 9-1366 Joint Funding Agreement (Oct. 2005) FOR Water Resources - Investigations. Page 1 of 2 Agreement #: 11 C4TX029000000 Customer #: TX029 Project #: 86539ME TIN #: 74- 6000574 USGS DUNS #: 128821266 Customer Agreement #: Fixed Cost Agreement Yes X THIS AGREEMENT is entered into as of the 1st day of October, 2010, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the City of Corpus Christi party of the second part. 1. The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation Texas Data Collection Program, herein called the program. The USGS legal authority is 43 USC 36C, 43 USC 50, and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) include In- Kind- Services in the amount of $0.00 (a) $38,595 by the party of the first part during the period October 1, 2010 to September 30, 2011 (b) $162,865 by the party of the second part during the period October 1, 2010 to September 30, 2011 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request; be furnished by the party of the first part; at cost, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI- 1040). Billing documents are to be rendered Quarterly. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983.). -75- No Form 9 -1366 (Oct. 2005) Name: Address: Telephone Fax: Email: Name: Address: Telephone Fax: Email: By Name. Title: U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water. Resources - Investigations- USGS Technical Point of Contact James Null Supv. Physical Scientist USGS CR SC WRD 5563 DeZavala Road, Suite 290 San Antonio, TX 78249 210- 691 -9262 210- 691 -9270 jmnull @usgs.gov USGS Billing Point of Contact Kandis Becher, Budget Analyst USGS CR SC WRD 2775 Alta Mesa Blvd. Fort Worth, TX 76133 817- 263 -9545 x225 817 -361 -0459 kkbecher @usgs.gov U.S. Geological Survey United States Department of the Interior i•nature Name: Address: Page 2 of 2 Agreement #: 11 C4TX029000000 Customer #: TX029 Project #: 86539ME TIN #: 74- 6000574 USGS DUNS #: 128821266 Customer Agreement #: Customer Technical Point of Contact Angel Escobar, P.E. City Manager Telephone Fax: Email: Name: Address: Telephone Fax: Email: 1201 Leopard Street Corpus Christi, TX 78401- (361) 880 -3220 (361) 826 -3839 angele@cctexas.com Customer Billing Point of Contact M. P. Sudhakaran Water Resources Mgmt Advisor 2726 Holly Road Corpus Christi, TX 78415- (381) 826 -3667 (361) 826 -4420 mp @cctexas.com City of Corpus Christi, Signatures Date: SEP 1 0 ma Date: Name: Title: By Name: Title: By Name: Title: Michael E. Dorsey Acting Director _76_ Date: Date: Approved as to form ^--- J: R sling First As 'slant City ` ttomey For City Attorney USGS City of Corpus Christi Agreement Number: 11C4TX029000000 science fore changing w otfd Station Description Code No. of Diff. USGS Cust. Total NSIP Number Units Factor Coop Coop Coop Q0100: DataLProgram- Sudam Water.__.._..__........__ _ 1 08194000 Nueces Rv at Cotulla, TX SNT X Full Range Streamflow Station • QCONT 1 1 $5,100 $10,350 $15,450 2 08194500 Nueces Rv nr Tilden, TX SNT X Full Range Streamflow Station QCONT 1 1 $5,100 $10,350 $15,450 3 08205500 Frio Rv nr Derby, TX SNT X Full Range Streamflow Station QCONT 1 1 $5,100 $10,350 $15,450 4 08206600 Frio Rv at Tilden, TX SNT X Full Range Streamflow Station QCONT 1 1 $5,100 $10,350 $15,450 5 08206900 . Choke Canyon Res nr Three Rivers, TX . SNT Reservoir Contents RES -C 1 1 $2,740 $4,940 $7,680 6 08206910 Choke Canyon Res OWC nr Three Rivers, TX SNT Daily 0 Below Base and Continuous Stages QCONT -LOW 1 1 $3,170 $7,030 $10,200 7 08210000 Nueces Rv nr Three Rivers, TX SNT X Full Range Streamflow Station - NSIP QCONT 1 1 8 08210500 Lk Corpus Christi nr Mathis, TX SNT Reservoir Contents RES -C 1 1 $2,740 $4,940 $7,680 9 08211000 Nueces Rv nr Mathis, TX SNT X Full Range Streamflow Station - NSIP QCONT 1 1 10 08211200 Nueces Rv at Blunter, TX SNT Daily Q Below Base and Continuous Stages QCONT -LOW 1 1 $3,170 $7,030 $10,200 11 08211500 Nueces Rv at Calallen, TX SNT X Full Range Streamflow Station QCONT 1 1 $5,100 $10,350 $15,450 12 0821150305 Rincon Bayou Channel nr Odem, TX SNT Daily 0 Below Base wl Acoustic Velocity AVM -LOW 1 1 $0 $13,050 $13,050 Data Program - Surface Water Totals: $37,320 $88,740 $126,060 00300: Data Program Water Quality 1 08211200 Nueces Rv at Bluntzer, TX SNT 5 Parameter Monitor WQMON5 1 . 1 $1,275 $41,725 $43,000 2 08211503 Rincon Bayou Channel nr Calallen, TX SNT 2 Parameter Monitor WQMON2 1 1 $0 $16,200 $16,200 3 08211505 Nueces Bay at Causewy Site 2 nr Corpus Christi, TX 2 Parameter Monitor WQMON2 1 1 $0 $16,200 $16,200 Data Program - Water Quality Totals: $1,275 $74,125 $75,400 11C4TX029000000 Totals: $38,595 $162,865 $201,460 -7 7- Thursday, September 09, 2010 Page 1 of 1 7 AGENDA MEMORANDUM City Council Action Date: November. 9, 2010 SUBJECT: J. C. Elliott Transfer Station Tipping Floor Repairs No. 2 (Project No. El 0124). AGENDA ITEM: 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 $60,932.64 for the J. C. Elliott Transfer Station Tipping Floor Repairs No. 2 Project. ISSUE: The J.C. Elliott Citizens' Collection Center and Transfer Station was completed in December 2007. Damage has occurred to the west drop chute that provides access to the trash for the transport vehicles. This work will provide much needed repairs and upgrades to the chute. This project is proposed under the Job Order Contract and is now ready to begin construction; and requires City Council approval. FUNDING: Funds for this project are available from the Sanitary Landfill Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Lawrence Mikolajczyk Director of Solid Waste Operations 826 -1965 iawm @cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Project Budget Exhibit "D" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petean a(7.cctexas.corn BACKGROUND INFORMATION _SUBJECT: J. Ca_EilioitTransfer Stationlipping Floor Repa rs N (Project No. E10124) PROJECT DESCRIPTION: The project for the J.C. Elliott Transfer Station located at 7001 Ayers Street; consists of improvements to the west end chute at the station. The following provides a more detailed description of the work: • Cleaning of existing exposed concrete surface and patching of the existing surface to accommodate placement of the new steel plate and repair other areas of damage. • Resurfacing of the existing concrete edge to provide adequate space for the new steel plate. • Installation of new %" steel plate to west end of chute. • Installation of new Goodyear rubber chute skirts. • Epoxy fill areas around entire chute to repair any existing irregularities. • Add new steel plates to north, east, and south portion of chute to correct other areas of concrete disrepair. CONSTRUCTION SCHEDULE: The project is estimated to require 45 calendar days, with the completion anticipated in January 2011. BACKGROUND: The J.C. Elliott Citizens' Collection Center and Transfer Station emerged as a result of the Cefe Valenzuela Landfill development. The Transfer Station was completed in December 2007 and provides both a commercial and public drop location for trash. The Transfer Station houses 4 dump stations each with a capacity of 40 cubic yards for public use and 2 dump stations each with a capacity of 100 cubic yards for commercial use. In early 2010 it was noticed that the east chute had sustained damage and was in need of repair. In April 2010 Barcom Commercial was contracted to repair the east chute. The work included removing some existing concrete, cleaning of the existing concrete and steel, injection of epoxy, repairing of the concrete, installation of steel plates and steel angles, and installation of chute skirting. Work was completed in early May 2010. The west chute is now in need of extensive repairs and will require additional work to function properly. METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction - related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. _82_ EXHIBIT "A" Page 1 of 2 Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cosf fo ea ccurately detailed BEFORE award. The T011owing are important benefits of using this_contract_method.:... • Allows a better defined scope with cost for the customer. > Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. > Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a proposal. This will significantly reduce and /or eliminate unforeseen conditions and excessive cost growth. -83_ EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: J. C. Elliott Transfer Station Tipping Floor Repairs No. 2 (Project No. E10124) PRIOR COUNCIL ACTION: 1. December 15, 2009- Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: None —84— EXHIBIT "B" Page 1 of 1 PROJECT BUDGET J.C. Elliott Transfer Station Tipping Floor Repairs No. 2 —Project No. El-01-24- November 9, 2010 FUNDS AVAILABLE: Sanitary Landfill CIP Total $66,416.58 FUNDS REQUIRED: Construction (BARCOM COMERCIAL ) $60,932.64 Contingency (5%) $3,046.63 Engineering Services (3.5%) $2,132.64 Misc. (Printing, Advertising, etc.) $304.66 Total $66,416.58 FUNDS REMAINING $0.00 EXHIBIT "C" OF 1 POINT SCALE: N.T.S. JC ELLIOTT STATION 7001 AYERS ST. PROJECT LOCATION JC ELLIOTT STATION 7001 AYERS ST. PROJECT LOCATION Atllt.t.. Ate G *aff..`� • :4: : !..:,,,r . V.,,t 11.11::::. 4:111, AP - 4 4:41c...:10:iii lir: v.1 !lit, , 41 i il ip..... 44 lib ��, +ham ++ ,,,,,`,, �� �� •, 40 04:4,47047......4....,;,„. • SCALE: N.T.S. PROJECT # E10024 JC ELLIOTT TRANSFER STATION TIPPING FLOOR REPAIRS NO.2 EXHIBIT - r0, CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/09/2010 UMW _86— 8 AGENDA MEMORANDUM Date of Council Action: November 9, 2010 SUBJECT: Sale of City Surplus Property Lots 4, 6, and 8, Block G, Brooklyn Addition (2816 N. Shoreline Blvd.) AGENDA ITEM: A. Ordinance declaring City property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas, as surplus property to enable its sale and disposition. B. Ordinance authorizing the advertisement and publication of Notice of an Offer of Sale of Surplus City Property with legal description of Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas ( "the Property "); authorizing the sale of the Property by sealed bid under Chapter 272 of the Texas Local Government Code; and authorizing the City Manager or his designee to execute a Deed and any related documents necessary to complete the sale and conveyance of the property. ISSUE: The City owns three platted lots at 2816 N. Shoreline Boulevard that were acquired from the Texas State Aquarium (TSA) in 1996. The property was set up by the TSA as a concrete paved parking lot with 24 marked spaces used for visitor parking. Since its acquisition from the TSA, the City has used the lot to supplement parking for the general public and area visitors. In December 2006, the property was added to the Parking Lease and Management Agreement with the TSA. The agreement expired in July 2009 and the property is presently used for public parking. The City's options are for a new lease to the private sector by a Request for a Proposal (RFP) or it can be declared surplus and sold by sealed bid to the public. The City would like to sell and dispose of this property in order to eliminate maintenance responsibilities. Funds from the sale of the property would be deposited into the General fund. Council approval is required to declare this property as surplus and to approve the sale and disposition. REQUIRED COUNCIL ACTION: Passage of the ordinances as submitted. FUNDING: No funding is required for these ordinances. RECOMMENDATION: Approval of the ordinances as presented. eteaya, P. E. Director of Engineering Services PeteanCa cctexas.com 361 - 826 -3781 Attachments: Exhibit A. Background Information Exhibit B. Location Map Exhibit C. Aerial Map H:IHOMEIEUSEBIOG\GENIggenda Items\Sale of N. Beach Parking LotlAgenda Memorandum.doc BACKGROUND INFORMATION November 9, -2010 SUBJECT: Sale of City Surplus Property Lots 4, 6, and 8, Block G, Brooklyn Addition (2816 N. Shoreline) BACKGROUND: On February 27, 1996, the City Council authorized a Purchase Agreement with the Texas State Aquarium (TSA) for real property known as Tracts 1 and 2, along with various other aquarium assets. Tract 2 was comprised of Lots 4, 6, and 8, Block G, Brooklyn Addition. The property contained a concrete surfaced parking lot with 24 marked spaces. Prior to the City's acquisition, the TSA leased this parking lot to the adjacent restaurant, Pier 99. In December 2006, the property was added to the Parking Lease and Management Agreement with the TSA. The agreement expired in July 2009 and the property has since been used by the City to provide extra parking in the area serving the USS Lexington and Texas State Aquarium, The City's options are for a new lease to the private sector by a Request for a Proposal (RFP) or it can be declared surplus and sold by sealed bid to the public. The property is located on North Shoreline Boulevard between Pearl Street and Breakwater Street as shown on the attached Exhibit B. The entire property contains approximately 15,000 square feet, is zoned B -D, Corpus Christi Beach Design District. In 2004, the City obtained an appraisal of the property in the amount of $198,000. The City will be obtaining a new appraisal of the property and the appraised value will be set as the minimal bid amount. As required by Chapter 272 of the Texas Local Government Code, the City will advertise twice for sealed bids. Notices will be placed in the Corpus Christi Caller Times on November 14th and 21st. A bid opening will take place on December 6th in the City Secretary's office. The City will evaluate the bids and select the highest bid. If a suitable bid is received, City staff will present it to City Council for its acceptance on December 14th. Revenue from the sale of this property will be deposited into the General Fund. PRIOR COUNCIL ACTION: 1. February 27, 1996 — Ordinance appropriating $4,400,000 to the Texas State Aquarium Bond Fund No. 525 for the acquisition of facilities, land, and improvements for aquarium purposes, and construction and rehabilitation of improvements and additions to certain of the facilities that comprise the Texas State Aquarium, and the payment of fiscal, engineering and legal fees incurred in connection therewith from the sale of $4,400,000 in combination tax and Texas State Aquarium Revenue Certificates of Obligation, Series 1996; amending the FY —90— EXHIBIT A 1 of 2 1995 -96 Capital Budget adopted by Ordinance No. 022394 and declaring an emergency. (Ordinance No. 022499) - - -- 2 Febr a 27-- 4996 -- -Resolution- authorizing -the City- Manages -or his - designee; to- execute a Purchase Agreement with the Texas State Aquarium Association, a Warranty Deed accepting the conveyance of real property for the Aquarium, and an instrument of sale and conveyance accepting the conveyance of improvements and personal property from the aquarium. (Resolution No. 022500) 3. December 12, 2006 - Ordinance amending the current four year Parking Lease and Management Agreement with the Texas State Aquarium Association (TSAA) by (1) adding new property described as all of Lots 4, 6, and 8, Block G, Brooklyn Addition, undeveloped 4,270 square feet. portion of Pearl Street located between Shoreline Boulevard and Corpus Christi Bay; (2) allowing TSAA to sub -lease the properties and, if necessary, collect parking revenues; (3) keeping intact all other terms of the original four year parking lease and management agreement, and declaring an emergency. FUTURE COUNCIL ACTION: 1. Approve the highest bid and authorize the City Manager or designee to execute a Real Estate Sales Contract, along with all necessary closing documents for the conveyance of the property. —91_ EXHIBIT A 2 of 2 d A1eGLO1N A . LOCATION MAP NOT TO SCALE CORMS B,�ly p PROPOSED PROPERTY SALE LOCATION MAP NOT TO SCALE PROPOSED PROPERTY SALE LOTS 4, 6, AND 6, BLOCK 0, BROOKLYN ADDITION 2816 N. SHORELINE BLVD. EXHIBIT B CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: Z of 1 DATE: 10- 11 -20W v..,. + -92- EXHIBIT C -93- Page 1 of 2 ORDINANCE DECLARING CITY PROPERTY WITH LEGAL DESCRIPTION OF LOTS 4, 6, AND-8-BLOCK—G, -- BROOKLYN _AD DITION ,---- _L4CAT_ED _AT_.281.6._ N._ SHORELINE BOULEVARD, NUECES COUNTY, TEXAS, AS SURPLUS PROPERTY TO ENABLE ITS SALE AND DISPOSITION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City property described as Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas, is declared as surplus property. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 15 -Oct -10 By: r� , N -t Kottili Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H:ILEG- DIRIVeronicaO11.ENG11 AGENDA ITEM S1101110910\110910 ORD declaring property as surplus.docx —94— Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe-Adame- _.- _ -.... Kevin Kieschnick.. - . _.._. Chris N. Adler Priscilla G. Leal John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott That the foregoing ordinance was read for the second time and finally passed this the day of . , 2010, by the following vote: Joe Adame Kevin Kieschnick Chris N. Adler Priscilla G. Leal John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to lege orm: 15 -Oct -10 By: - 1 thAA,( Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H:1LEG- DIR \VeronicaO11.ENG11 AGENDA ITEM S11011109101110910 ORD declaring property as surplus.docx —95— Page 1 of 2 ORDINANCE AUTHORIZING THE ADVERTISEMENT AND PUBLICATION OF NOTICE -OMAN- OFFER OF —SALE OF SURPLUS CITY -PRQPER_YY WMT L LEGAL DESCRIPTION OF LOTS 4, 6, AND 8, BLOCK G, BROOKLYN ADDITION, LOCATED AT 2-816- N. SHORELINE BOULEVARD, NUECES COUNTY, TEXAS ( "THE PROPERTY "); AUTHORIZING THE SALE OF THE PROPERTY BY SEALED BID UNDER CHAPTER 272 OF THE TEXAS LOCAL GOVERNMENT CODE; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A DEED AND ANY RELATED DOCUMENTS NECESSARY TO COMPLETE THE SALE AND CONVEYANCE OF THE PROPERTY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to advertise and publish notice of an offer of sale of surplus City property described as Lots 4, 6, and 8, Block G, Brooklyn Addition, located at 2816 N. Shoreline Boulevard, Nueces County, Texas ( "the Property "). SECTION 2. The City Manager or his designee is authorized to sell the Property by sealed bid under Chapter 272 of the Texas Local Government Code. SECTION 3. The City Manager or his designee is authorized to execute a deed and all related documents necessary to complete the sale and conveyance of the Property. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to legal form: 15- Oct -10 f Veronica Ocanas Assistant City Attorney for City Attorney By: Joe Adame Mayor H:ILEG- DIR \Veronica011.ENG11 AGENDA ITEM V0\1109101110910 ORD authorizing sale of surplus property.docx -96- Page 2of2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Kevin Kieschnick Chris N. Adler Priscilla G. Leal John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott That the foregoing ordinance was read for the second time and finally passed this the day of , 2010, by the following vote: Joe Adame Kevin Kieschnick Chris N. Adler Priscilla G. Leal John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott PASSED AND APPROVED, this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVE as to legal rm: 15-Oct-10 Assistant City Attorney for City Attorney Joe Adame Mayor H:1LEG- DIR\VeronicaO11.ENG11 AGENDA ITEM S11011109101110910 ORD authorizing sale of surplus proparty.docx 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 09, 2010 AGENDA ITEM: Motion approving the application from the Ascension Group to temporarily close northbound and southbound Shoreline Boulevard between Starr Street and Lawrence Street for the 29th Annual Harbor Lights Festival and Las Luces del Mar Festival. Street Closure will begin on Friday, ,December 03, 2010 at 8:00 AM and extend through Saturday, December 04, 2010 at 11:59 PM. ISSUE: The Ascension Group special event necessitates the temporary closure of northbound and southbound Shoreline Boulevard between Starr Street and Lawrence Street. Las Luces del Mar Festival will take place on Friday, December 03, 2010, and Harbor Lights Festival will take place on Saturday, December 04, 2010. Event organizer Sandra Castillo has requested the above mentioned street closures be approved by the City Council, pending insurance required two weeks prior to the event. REQUIRED COUNCIL ACTION: Street closing permits for large public events require City Council approval. CONCLUSION AND RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services PeteAn@cctexas.com 826 -3781 Attachments Exhibit "A" — Background Information Exhibit "B" -- Street Closure Site Plan Exhibit "C" -- Street Closure Application Exhibit °D" -- Certificate of Insurance H :\HOME \Traff`ic Engineering\Cauncil Agenda Memos\FY 10- 1IISPECIAL EVENTS STREET CLOSCTRESIHARBOR LIGHTS\HARBOR LIGHTS 2010 AGENDA MEMORANDUM.doc —101— BACKGROUND INFORMATION Background -tnf tion The .29th Harbor tights Festival is a celebration to ring in the beginning �f the holiday season for residents and visitors of Corpus Christi. The event continues to grow each year thus introducing the addition of Las Luces del Mar event. The 29th Harbor Lights and Las Luces del Mar Festival will begin on Friday, December 03, 2010, and extend through Saturday, December 04, 2010. The event will continue to take place in downtown Corpus Christi along Shoreline Boulevard in front of the Marina. The Harbor Lights and Las Luces del Mar Festival is a free event to the public with anticipated attendance in the thousands. Street Closings: The Ascension Group events necessitate the temporary closure of southbound and northbound Shoreline Boulevard between Starr Street and Lawrence Street. The People Street T -Head and Lawrence T -Head will have access to through traffic. Street Closure will begin on Friday, December 03, 2010 at 8:00 AM, and extend through Saturday, December 04, 2010 at 11:59 PM. The Ascension Group has requested the subject temporary closure be approved by the City Council. EXHIBIT "A" TV7SGG� m m`, 1 `e TOLORM PEOPLES ST. T -HEAD OVIMENEEsT LAWRENCE ST, T - HEAD EXHIBIT'S' SUBJECT: HARBOR LIGHTS EVENT AREA / REQUESTED TEMPORARY STREET CLOSURE Traffic Engineering Div, Engineering Services Dept. -103- � City of Jr rf Carpus Christi EXHIBIT "C" City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT C¶iiq orrpusC,h, rristl 1. Name of Organization Sponsoring Event: el g p Address: _ _ / / r i7 City: Ol pQ 5 ( State: i Zip: ` Phone #: J' 1 6433 7c” 3 Fax #: Email: j /Wd 12 A D -the 146 - el' li a .7101.4) • r? e. ?I- 2. Name of Proposed Event l Y f 0/2 1 15 Fe I' v �e, c71 � 3. Date of Planned Event: tip ,n tole 41, JO/ 4. • odes Key Contact Individual (,*5hii0 Phone #;. c / 6.345 7.1 y3 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE. 4- .10 41.111111151r, 8. Purpose of Event and Detailed Description k. • jafraRIMPIMMO f Activities Planned: 7. List foods and beverages to be served: Page 1 of 8 8. Swnrirae >?nni icc +crl h +r the City: 9. Attar; loc . do of booths sta • es restrooms first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least 1301 day Prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four - percent (40/0) of the gross receipts derived from event, or reimburse the City for all costs Incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of 8 —105— EXHIBIT "C" Page 2 of 8 K. Ali construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right-of-way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. Evidence that these conditions have been met m =t be presented to the City Traffic Engineer prior to the request being submi tee to the City Council for final approval. i . •1 Event airman Organizer Signature ,v Sponsoring Organization Date Submitted • For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3547 • Fax: 361- 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 —1 0 6— EXHIBIT "C" Page3of8 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of- -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional insured on the policy. Evidenoe of required insurance coverage with a Certificate of insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit j , date of 2O i and this � da W Witness my (our) hand(s) � .12_ Company Name Page 4 of 8 —107— EXHIBIT A - INSURANCE REQUIREMENTS PERMITTEE'S LIABILITY INSURANCa A. Permittee must not commence work under this agreement until all Insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to- commence -werk until all- similar insurance- required of the RI 'bcnntractor has-- been obtained. B, Permittee must furnish to the City's Risk Manager, Certificate of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation Is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non- Bodily injury and Property Damage renewal, material change or termination is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -- Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors C. In the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. 11 ADDITIONAL REQUIREMENTS A. Certificate of Insurance: • The City of Corpus Christi must be named as an additional Insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non- renewal or termination is required. 2008 Street Closure Permit Ins. req. 5.8 08 ep Risk Mgmt, Risk Management Representative Approved Insurance Date Page 5 of $ —108— rEXHIBIT ` °C°' Page 5 of 8 DIVISION 2. TEMPORARY CLOSURE OF STREETS Sec. 49 -15, Permit required; application. No streets shall be closed temporarily nor shall any street right -of -way be used in such a manner as to impede the free flow of traffic without the issuance of a permit by the city as provided herein. Any sponsor of an event desiring to close one (1) or more streets for said event statmake application-there for an forms-fLffiIshed by-the city conthin[ng such-iiifematien as the city may require including, but not limited to, the date and location of the event, the name of the sponsoring organization, the purpose of the event, and a diagram illustrating the street or streets to be dosed and the layout of activities. The application must be submitted at least twenty (20) working days prior to the event and must be accompanied by an application fee as hereinafter provided to cover administrative costs. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 1, 9 -20 -1988) Sec. 49 -16. Issuance of permits; classification of events. Upon the review and recommendation of the application by the city, permits may be issued for the temporary closure of a street or streets in the following manner: a) Neighborhood events. For neighborhood events at which no admission is charged and no Items are sold and which require the closure of residential neighborhood streets for Tess than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. A permit application fee of one hundred ten dollars ($110.00) is required for such events. b) Small events, For small events which require the closure of one (1) or more minor streets adjacent to churches, schools, or other public institutions, not involving extensive detouring of traffic and not requiring closure for more than twelve (12) continuous hours, permits may be granted by the city manager or his designated representative. Notice of the granting of such permits shall be provided the city council. For the purposes of this section, the term "minor streets" shall mean any streets other than arterial and collector streets as classified on the urban transportation plan. A permit application fee of two hundred dollars ($200.00) is required for such events. c) Large events. For all other events, which shall be treated as large events, including, but not limited to, events which require the closure of one (1) or more major streets or involve more extensive detouring of traffic, permits may only be issued by the city manager upon the approval of the city council expressed by motion. A permit application fee of two hundred dollars ($200.00) is required for such events. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 20463, § 2, 9 -20 -1988; Ord, No. 027349, § 5, 7 -24 -2007) Sec. 49 -17. Conditions and requirements for permit. Prior to the temporary closure of any street, the sponsor must agree to comply with the conditions and requirements for such temporary closure imposed by the city including, but not limited to, the following: a) All events shall be open to the public and admission shall be free. b) All profits derived from the event shall be used for charitable purposes. c) Insurance policies naming the city as an additional insured shall be obtained with minimum coverage for small events of five hundred thousand dollars ($500,000.00)lfive hundred thousand dollars ($500,000.00) /one hundred thousand dollars ($100,000.00) Page 6 of 8 —109— LEXHIBIT "C" Page 6 of 8 and for large events of five hundred thousand dollars ($500,000.00)/one million dollars ($1,000,000.00)/one hundred thousand dollars ($100,000.00), Certificates evidencing the required coverage shall be supplied the city at least five (5) days prior to the event. d) The sponsor shall agree to Indemnify and forever save harmless the city from any claims arising from the event. e) Sufficient barricades shall be obtained by the sponsor and placed in accordance with a plan approved by the traffic engineer. f) (1) Notice required under this section must be furnished and posted at least two (2) weeks prior to the required city council meeting at which the motion to approve the permit will be considered. (2) Standard form of approved written notice required. The applicant/sponsor must give written notice by using the standard approved form supplied by the traffic engineer. (3) Required recipients of written notice. a. The applicant or sponsor must furnish approved written notice of the proposed temporary street closure as follows: 1. To all tenants occupying a tenant space of property abutting that portion of the street to be closed to vehicular traffic; and, in addition, . 2. To all building managers and property managers of all multi-tenant properties abutting that portion of the street to be closed to vehicular traffic. 3. If the property abutting that portion of the street to be closed to vehicular traffic Is vacant, approved written notice may be mailed to the property owner's last known address according to the of the Nueces County Tax Appraisal District's records. b. Proof of delivery. As part of the permit application process, the applicant must show the traffic engineer proof of having furnished the written notice required under this chapter. c. Hand delivery. Proof of each hand delivery may be shown by providing the signature of the recipient, along with the recipient's name, address, and contact information. d. Certified mail. If written notice cannot be made by hand delivery, proof may be shown by the receipt of certified mail delivery. (4) Posting of approved written notice required. The applicant or sponsor must post the approved written notice on the inside of entrances to multi - tenant buildings of properties abutting that portion of the street to be closed to vehicular traffic. (5) At least two (2) weeks' notice of public meeting required. The applicant or sponsor's approved written notice of the proposed temporary street closure shall include notice of the date, time, and location of the city council meeting at which approval of the permit is scheduled. g) Adequate restroom facilities must be provided to accommodate the needs of the public h) All other permits required by the state or any other public authority must be obtained by the sponsor at least two (2) weeks prior to the event. I) All security shall be provided by the sponsor. j) Any construction of booths, stages, displays, electrical services and plumbing shall comply with the relevant city codes and shall be in accordance with the layout approved in the permit. k) A sufficient supply of potable water shall be supplied within the event site. I) Adequate first aid stations shall be provided by the sponsor. m) The sponsor shall provide continuous cleaning of the site during the event and at the conclusion of the event restore the site to the same condition it was in prior to the event. Any damaged public property shall be restored by the sponsor upon conclusion of the event. Page 7 of 8 --110— EXHIBIT "C" Page7of8 n) Vehicles shall be prohibited from parking on grass areas within the street right -of -way, o) No paint or other markings shall be permitted which in any way obliterate or deface any pavement markings. p) Provision shall be made for the free passage of emergency vehicles . into the event area in case of emergency. q) City council may authorize a regularly schedule event such as Bayfest or Buccaneer Days to c n fee. r) The city council by motion may authorize temporary closure of a street for producing a historical, cultural, documentary, promotional, or other similar motion picture, or for conducting a comparable event, which will promote the city. in addition to the application fee required by section 49 -16, before the permit is issued the sponsor shall pay the same occupancy charges that would be required by section 53 -195 for a contractor occupying public right -of -way during erection, construction or repair of a building. If the city council finds that producing the motion picture or conducting the event in the city will provide sufficient favorable publicity and economic benefits to justify waiver, the council may waive the payment of said occupancy charges and may waive the requirements of subsections (a) and (b) above. In addition to the foregoing conditions and requirements, the city may require such other conditions or requirements as are reasonably necessary to fit the particular needs of the event in order to ensure the public safety and protect public property. (Ord. No. 17651, § 1, 6 -15 -1983; Ord. No. 22157, § 1, 2 -21 -1995; Ord. No. 23128, § 1, 11- 11 -1997; Ord. No. 24136, § 1, 7 -25 -2000; Ord. No. 027393, § 1, 8 -28 -2007) Sec. 49 -18. Reimbursement for costs of the city. For any event requiring the temporary closure of one (1) or more streets the sponsor must agree to either; a) Pay to the city four (4) per cent of the gross receipts derived from the event to defray the public expenses involved in producing the event; or b) Pay to the city an amount equal to the actual costs and expenses incurred by the city cleaning the site after the event and any other actual expenses of the city associated with the event. (Ord. No, 17651, § 1, 6 -15 -1983) Sec. 49-19. Reserved. htto://www.municode.com/resources/oateway.aso?pidr-13945&sid=43 Chapter 49 Streets and Sidewalks* Division 2, Temporary Closer of Streets Sec. 49 -15 through Sec. 49 -19 Page 8 of B —1 1 1 — EXHIBIT "C" Page 8of8 TML ,ave 1� 11042 Certificate of Coverage Member: ! ' - Corpus Christi Downtown Management Diet Mr Jahn VIdeurti Executive Director 223 N Chaparral 91e A ComoComoChesil Texas 78407 — Company Affording Coverage; – - Texas Municipal League Intergovernmental Risk Pool , PO Box 140104 Austin, TX 7a714 -9194 (512) 412300 or (800) 537.8855 Pax: 012) 491 -2404 18 Certificate Holder: City of Corpus Christi PO Box 9277 Corpus Chfistl, TX 78469 -9277 This is to cerlliythat the ooverages listed below have been provided to the member and are h affect at this time. Notwehstandln9 any requirements, terms, or condllrone deny other contract or sgraement with re5pectla which this certificate may be Issued or may pertain, the coverage afforded by the Taxes Municipal League Intsrgevernmental Risk Pool (TML -IRP) deacdI ed herein Is subject only to the term, exclusions and additions of TML - IRP's.covera, a contracts between TMLIRP and Its members }. Coverage le continuous until canceled. e anarat lability active Dale: Anniversary Date: Limits of Liability (Each Occurrence): $1,000,000 10101/10 Reel & Personal Property . Effective new Anntvereety Dater Limits of Coverage: 10101111 - Sudden Events involving Potiullon Occurrence): $1,000,000 Deductible per Occurrence: (Eech Annual Ag r ater I2 QOr-, 0_000 Mobile Equipment Effective Data: Anniversary Date: Limits of Coverage: , Deductible par Occurrence: $0 Law Enforcement Liability Effective Data: Anniversary Date: Limits of Ltabtilty {Each Occurrence): Deductible per Occurrence: Boiler & Machinery - Broad Form ParAao1dent Limit: Deductible per Occurrence: Effective Date. Anniversary Dew Annual Aggregate: Deductible per occurrence: Errors and Omissions Liability Effective Date: Anniversary Date: Limits of Lieeility(Eaeh Wrongful Act): Mortgagee Yes No Annual Aggregate: Loss Payee 1.4an Number: Deductible per Occurrence; Auto Liability Effective Date: Anniversary Date: Limits of Liability (Each Occurrence): Yee r MakelModel VIN _ Value - Deducttbie per Occurrence: IIIIIIIIIIIIIIIIIIIII Miiil hours of 8:00 a.m. on Friday ill Auto Physical Damage Effective Date: Anniversary Dale: Limits of Llablitly: Collision Deductible: Comprehensive Deductlbte: Yea No tees payee: C iOH: Evidence of coverage for a Street ctcsure on Shoreline Boulevard betweeh Lawrence Street and Starr Street between the December 3, 2010 to 12:40 Midnight on Saturday December 4, 2010, for the Las Lucee dal Mar Faatival event, carloelfaflon: Should any of the above described coverages be canceled before tha anniversary care tnareor, i mL 1In wui enaeavar ro mau 30 days written notice to the above named certl[icate holder, but failure to mall such notice shell Impose no obligation or liability of any kind upon TML -IRP. Authorized Representative . —1 1 2— Date Issued 10100/10 X102 101 #5101! EXHIBIT "D" Pagelof2 j ADDITIONAL COVERED PARTY - OTHER GOVERNMENTAL ENTITY LIMITED TO ACTIVL TIES OF THE FUND MEMBER This endorsement forms a part of The Declarations to which attached, effective on the inception data of the coverage unless otherwise stated herein, and modifies each -eavenage s-a€ forded -by -the- provisions -of- the -cov es owr_i Blow.:__ GENERAL L!AB1LITY AUTOMOBILE LIABILITY LAW ENFORCEMENT LIABILITY ERRORS & OMISSIONS LIABILITY Entity Name : Corpus Christi Downtown Management Dist Entity ID : 8742 Effective Date : 1213110 It is agreed that the "Covered Parties" provisions of the coverages listed above are amended to include as a covered party the gnvonnrnentel entity named below, but only with respect to the liability Arising out of activities of the Fund Member. Such coverage shall not exceed the limits of coverage as set forth in the Dealaratlons. Governmental Entity: City of Corpus Christi Address: PO Fox 9277 City, State & Zip Code: Corpus Christi, TX. 78469 -9277 Description Evidence of coverage for a street closure on Shoreline Boulevard between Lawrence Street and Starr Street between the hours of 8 :00 a..rn. on Friday December 3, 2010 to 12:00 Midnight on Saturday December 4, 2010 for the Las Lucca del Mar Festival event. TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL -113- 07/22102 EXHIBIT "D" Page 2 of 2 10 CORPUS CHRISTI PARKS& RECREATION Date: 10/28/2010 To: Mayor and Members of City Council Through: 'Angel Escobar, City Manager Margie C. Rose, Assistant City Manager /A_ Michael Morris, Director of Parks & Recreation ` 7/1)/ Corpus Christi Beach (North Beach) Second Reading Agenda Revisions From: Re: At the October 26, 2010 Council Meeting an agenda item for the Curfew on Corpus Christi Beach (North Beach) was approved for a first reading as amended to include the northern areas beyond the beach. For the November 9, 2010 second reading you will find below the amended motion and caption for this agenda item. Also, attached is the amended ordinance, along with the original agenda packet from the October 26th Council Meeting. Motion to amend prior to second reading Second Reading Ordinance - Amending Sections 36 -8 and 36 -10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication by substituting a revised ordinance. (1St Reading — 10/26/10) Second Reading Ordinance - Amending Sections 36 -8 and 36 -10, Code of Ordinances, City of Corpus Christi, to prohibit camping on McGee Beach and the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, modifying the curfew hours applicable to Corpus Christi Beach, Dolphin, and Surfside Parks, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; for severance; and providing for publication. (15t Reading — 10/26/10) Page 1 of 5 ORDINANCE AMENDING SECTIONS 36 -8 AND 36 -10, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO PROHIBIT CAMPING ON THE BEACH, KN a BEACH," LOCATED ON LAND LEASED FROM THE GENERAL LAN D OFFICE, MODIFYING THE CURFEW HOURS APPLICABLE TO IN CORPUS CHRISTI BEACH, DOLPHIN, AND SURFSIDE PARKS, AND ESTABLISHING A CURFEW ON PORTIONS OF "CORPUS CHRISTI BEACH" OR "NORTH BEACH" THAT ARE ADJACENT TO RESIDENTIAL PROPERTIES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the beach, known as either "Corpus Christi Beach" or "North Beach," which is located on land that is leased from the General Land Office, is being used as a campground by the homeless and visitors to the City; WHEREAS, the beach does not have the appropriate public facilities to support camping; WHEREAS, camping is generally restricted in City parks and other similar public locations throughout the City; WHEREAS, some beachgoers congregate on portions of the beach adjacent to private homes and residential condominiums late at night and during the early morning, and disturb the sleep of the local residents and generally are a public nuisance; WHEREAS, curfews have been established in City parks and other similar public locations throughout the City to provide for the peaceful enjoyment of adjacent neighborhoods; WHEREAS, the neighborhood adjacent to the beach has experienced in increase in crimes against property, individuals, and the good public order, due to the use of the beach by the homeless and by beachgoers, who use the beach late at night and during the early morning hours; and WHEREAS, the adoption of a curfew and prohibition on camping on the beach should reduce crime on the beach at nights and in the adjacent neighborhood; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 36- 8(a)(5) is revised to read as follows: "Sec. 36 -8. Regulation of camping and other activities in certain parks and public areas. "(a) Definitions. CC BEACH CURFEW- CAMPING ORD 10272010.DOC —1 18— Page 2of5 "(5) Corpus Christi Improvement District: The area consisting of Corpus Christi Gh There be..-ach located on land leased from the Texas General Land Office, known as "Corpus Christi Beach" or "North Beach," including the adjacent Corpus Christi Beach Beachwalk. SECTION 2. Section 36 -10, Code of Ordinances, is amended by revising subsection (c) and adding new subsections (d), (e), (f). and (g) to read as follows: "Sec. 36 -10. Curfew; alcoholic beverages. "(c) Between the hours of 2:00 a.m. and 6:00 a.m., no person, except as specifically permitted by an ordinance permitting camping in particular city parks, and except for a city employee in performance of the employee's duties, shall enter or be present in any city bayfront park or parking lots connected therewith or adjacent thereto, excluding Cole Park, Corpus Christi Beach Park, Dolphin Park, Surfside Park the Bayfront Arts and Science Park, Barge Dock, Peoples Street T -Head, Lawrence Street T -Head, and the L -Head. "(d) Between midnight and 5:00 a.m., no person may enter or be present in Corpus Christi Beach Park, Dolphin Park. or Surfside Park. or on the following portions of the beach located on land leased from the Texas General Land Office, known as "Corpus Christi Beach" or "North Beach," including any adjacent portions of the Corpus Christi Beach Beachwalk and adjacent parking Tots: "BEING a tract of land containing 18 acres of land more of less out of a portion of Corpus Christi Beach, located in Corpus Christi, Nueces County, Texas. This 18 acre tract being more particularly described by metes and bounds as follows: "BEGINNING at a point at the southerly corner of Block A of the Brooklyn Addition as recorded in Volume 23, Page 14 of the Map Records of Nueces County, Texas: "THENCE N32 °E along the southeasterly boundary line of said Block B and Blocks 18 — 23 and Block 385 of said Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas, a distance of 2,850' to a point on the southerly corner of Block 387 of said Brooklyn Addition, being northwest corner of this tract; CC BEACH CURFEW-CAMPING ORD 10272010.DOC —119— Page 3 of 5 "THENCE southeasterly parallel to the existing jetty, a distance of 400' more or less to a point, which is on the extension of the low water line to the south, being the northeast corner of this tract; "THENCE southwesterly-meandering h -- said -- low- wateHinea-el- is #anee -of 2,870' more or less to a point on the southeasterly extension of said Block A, beingsoutheast corner of this tract; "THENCE N58 °W crossing Corpus Christi Beach a distance of 190' more or less to the point and place of beginning and containing 18 Acres of land more or less. "Bearing is with reference to plat of the Brooklyn Addition recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas. "(e) The portion of beach that is restricted by the curfew in subsection (d) must be clearly marked with signs advising that the beach is closed between midnight and 5:00 a.m. The signs must be posted at the northern and southern limits of the restricted beach and at the point where each City street intersects with the beach. "(f) The following Darks must be clearly marked with sic nsadvisinct the hours during which a curfew applicable to the park is in effect: "(1) Corpus Christi Beach Park. "(2) Dolphin Park. "(3) Surfside Park. "fa) The restrictions in subsection (d) of this section do not apply to a city employee in performance of the employee's duties, a person permitted to engage in leisure and recreational activities who has been issued a permit for the activities at those hours by the Director of Parks and Recreation department, SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance 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, word, 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 of this ordinance be given full force and effect for its purpose. CC BEACH CURFEW - CAMPING ORD 1027201 O.DOC Page 4 of 5 SECTION 5. 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. CC BEACH CURFEW - CAMPING ORD 10272010.DOC - -121-- Page 5of5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick John E. Marez Nelda Martinez Mark Scott 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 Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of , 2010: R. Jay Reining First Assistant City Attorney For City Attorney CC BEACH CURFEW - CAMPING ORD 10272010.DOC —122— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 26, 2010 AGENDA ITEM: A. Ordinance amending Sections 36 -8 and 36 -10, Code of Ordinances, City of Corpus Christi, to prohibit camping on the Beach, known as either "Corpus Christi Beach" or "North Beach," located on land leased from the General Land Office, and establishing a curfew on portions of "Corpus Christi Beach" or "North Beach" that are adjacent to residential properties; providing for penalties; providing for severance; and providing for publication. B. Ordinance amending Section 36 -8(c), Code of Ordinance, City of Corpus Christi, by deleting paragraph (1), which authorized camping in designated areas of Corpus Christi Beach Park and making a few editorial corrections; providing for penalties; providing for severance; and providing for publication. ISSUE: in May 2010 the Corpus Christi Beach Task Force (CCBTF) requested the City of Corpus Christi consider establishing a curfew on Corpus Christi Beach. The beach, though maintained by the Parks and Recreation Department (PARD), is not a City Park, and is not subject to the same curfew and ban on camping as in most parks. The beach is property subject to a Coastal Lease No. CL 840004 with the General Land Office (GLO), which limits the restrictions the City can place on users of the area. The Police Department has indicated that addressing crime in the area is hindered by the lack of curfew and ban on camping on the beach. The General Land Office has granted an amendment to the Lease, approving the establishment of a curfew on the portion of Corpus Christi Beach north of the Breakers extending to the finger groin on the northern end of the beach on Corpus Christi Beach. REQUIRED COUNCIL ACTION: City Council approval is required to establish a curfew on Corpus Christi Beach and bans on camping on Corpus Christi Beach. PREVIOUS COUNCIL ACTION: none CONCLUSION AND RECOMMENDATION: Staff recommends City Council approve the proposed ordinances. Michael Morris, Director Parks and Recreation Department michaelmo@cctexas.com (361) 826 -3463 Attachments: Background Survey of proposed boundaries for Corpus Christi Beach Curfew Approval Letter from General Land Office -123- BACKGROUND INFORMATION Dur1 • _ • • • • tings, c major focus of discussion during spring 2010. Late night beach goers often congregate at the northern area of the beach to have parties, generally becoming a public nuisance and disturbing the residents in the area. During these discussions, representatives from the Police Department indicated they had difficulty curbing crime along Corpus Christi Beach because there was not an established curfew or ban on camping in the area. The Legal Department determined that the beach was not a City park, and the existing park curfew and ban on camping did not apply. In addition, establishing a curfew on the beach, which would exclude the public from the beach during limited hours, required an amendment to the City's Coastal Lease No. CL 840004 with the General Land Office (GLO), which provides that "members of the public may not be excluded from the property covered by the lease ". In June 2010, city staff solicited input from Corpus Christi Beach residents via survey to determine the hours of the proposed curfew, as well as the boundaries along the beach where the curfew would be applied. Surveys were disseminated via email to CCBTF members and to Corpus Christi Beach Homeowner Association members via email and newsletter. Seventeen surveys were completed and returned and the Parks and Recreation Department fielded numerous phone calls regarding the issue. The results of the survey and comments received indicated that most residents of Corpus Christi Beach felt a curfew was necessary, but managers of commercial properties (hotels, condos, etc.) felt it might hamper their business. As a result, staff proposed requesting an amendment to the GLO lease that would establish a curfew on the northern, predominately residential area of Corpus Christi Beach beginning north of the Villa Del Sol and extending to the finger groin. A request to amend the lease was submitted to the GLO in July 2010, and approval was granted to pursue the curfew and bans on alcohol and camping in September 2010. Corpus Christi Beach #90015 — Curfew Area (Revised) STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 18 Acres of and more of less out of a portion of Corpus Christi Beach located in Corpus Christi, Nueces County, Texas. This 18 Acre Tract being more particularly described by metes and bounds as follows: BEGINNING at a Point at the Southerly corner of Block A of the Brooklyn Addition as recorded in Volume 23, Page 14 of the Map Records of Nueces County, Texas; THENCE N32 °E along the southeasterly boundary line of said Block B and Blocks 18 — 23 and Block 385 of said Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas„ a distance of 2,850' to a Point on the southerly corner of Block 387 of said Brooklyn Addition, being northwest corner of this tract; THENCE southeasterly parallel to the existing Jetty, a distance of 400' more or less to a Point which is on the extension of the Low water line to the south, being the northeast corner of this tract; THENCE southwesterly meandering with said low water line, a distance of 2,870' more or less to a Point on the southeasterly extension of said Block A, being southeast corner of this tract; THENCE N58 °W crossing Corpus Christi Beach a distance of 190' more or less to the POINT AND PLACE OF BEGINNING and containing 18 Acres of land more or Tess. Bearing is with reference to plat of the Brooklyn Addition recorded in Volume A, Page 32 of the Map Records of Nueces County, Texas. CITY of CORPUS CHRISTI, TEXAS Department of Engineering Services Survey Division — 361 - 826 -3500 Date: 08 -30 -10 Drawn 8y: R. OCHS Checked 8y: 0. NESMITH Project: 90075 Fr1e: ‘L4ND PROJECTS 3\ 90015\DWG\ NBEACHI.DWG SHEET 1 OF 1 -126- SKETCH SHOWING PROPOSED CURFEW AREA FOR CORPUS CHRISTI BEACH (AKA NORTH BEACH) TO ACCOMPANY FIELD NOTES. TEXAS GENERAL LAND FFICE I STATE OF TEXAS` COUNT` OF NUECES AMENDMENT r loo COASTAL LEASE NO. CI:840004 §. OW ALL MiEN EY THESE PRESENTS: WHEREAS, by Coastal Lease No. CL840004, effective July 17, .1984, (the "Agreement"), the State of Teas the "Lessor "), acting: by and through the Commissioner of the General Lazed Office the" GLO ") as Chairman of the School land Board (the"Board) on behalf of the Permanent School Fund (the "PSF"),'granted to City of Corpus Christi (the `lessee "), the right to use a tract of state; owned real property Located in Nueces County, Texas (the "Premises "),'whicb property is more particularly described on Attachments to the Agreement and, AREAS, die Lessor. and the Lessee desire 'to amend the Agreement; NOW, THEREFORE, in consideration eeration of the Lessee's continued: use of the Premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to arnend : and modify the Agreement as follows: Y. Section 10 related to Special Conditions shall be amended to include the following provision: * Notwithstanding the foregoing, Lessee may, With written notice to Lessor, adopt and enforce reasonable limitations on the time and. manner of use of the Premises, including but. not limited to a curfew, to address public health and safety concertos at the premises.. Lessee._ shall provide Lessor written noliee. of intent to ,adapt and implement such limitations: or to make.. changes thereto at least: sixty ( ) days prior to adoiption. Within ten (10) days of receipt of the Notice, Lessor :may request a reasoned justifiicatirn for the proposed limitations. 2. Except as amended and modified by this Amendineht, the terms and conditions of the Agreement, as amended, shall remain in full force and effect. cantraa artuendment p.do v:1,0 inktincincIs CIAltiMER ID: 00O00O$8 . This Amendment rent Agreementshall be emotive . TESTEvIONY WHEREOF, witness .rny hand .and.the Seal of Office. IG NToR: GRANTEE: THE STATE OF TEXAS City of Corpus Christi By: By (Sigritute) 7ERR l E. PAI. i hRSD.N CQmmiSsioner, General Land Office Chairman, School Land Board Date: APPROVED; Contents: tiEL LegaCL Deputy: Executive: STATE OF COUNTY OF (Printed 3aite) (Title) Date: ACKNOWLEDGMENT This inst ument_was.nck tiwledged before me on the. day of , 20 , by rim FikT f'pr tE: uativc:signing zhikdoe yineni ) (;Not:iryf.-Sig t,stu e') .AlopiwyS ,tan w Notary Public, State of My commission expires: . Information collected by deal-oak twill and by web form is subject is the Public Infarmat on: Act. hapter 352. G i rn hens Code. CL84OO caelract.amendmeni,.doc v.1.0 tniiemonds 2 •t STO tittb: c000000881 —128— Page 1 of 4 ORDINANCE AMENDING SECTIONS 36 -8 AND 36 -10, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO DRQHIBJT- DAMPING -ON -THE BEACH, KNOWN AS EITHER "CORPUS CHRISTI BEACH" OR "NORTH BEACH," LOCATED ON LAND LEASED FROM THE GENERAL LAND OFFICE, AND ESTABLISHING A CURFEW ON PORTIONS OF "CORPUS CHRISTI BEACH" OR "NORTH BEACH" THAT ARE ADJACENT TO RESIDENTIAL PROPERTIES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, the beach, known as either "Corpus Christi Beach" or "North Beach," which is located on land that is leased from the General Land Office, is being used as a campground by the homeless and visitors to the City; WHEREAS, the beach does not have the appropriate public facilities to support camping; WHEREAS, camping.is generally restricted in City parks and other similar public locations throughout the City; WHEREAS, some beachgoers congregate on portions of the beach adjacent to private homes and residential condominiums late at night and during the early morning, and disturb the sleep of the local residents and generally are a public nuisance; WHEREAS, curfews have been established in City parks and other similar public locations throughout the City to provide for the peaceful enjoyment of adjacent neighborhoods; WHEREAS, the neighborhood adjacent to the beach has experienced in increase in crimes against property, individuals, and the good public order, due to the use of the beach by the homeless and by beachgoers, who use the beach late at night and during the early morning hours; and WHEREAS, the adoption of a curfew and prohibition on camping on the beach should reduce crime on the beach at nights and in the adjacent neighborhood; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 36- 8(a)(5) is revised to read as follows: "Sec. 36 -8. Regulation of camping and other activities in certain parks and public areas. "(a) Definitions. CC BEACH CURFEW ORS W -O ALCOHOL 09302010 -129- "(5) Corpus Christi * * Page 2 of 4 Beach: The beach located on land leased from the Texas General Land Office, -known as "Corpus Christi Beach" or "North Beach," including the adjacent Corpus Christi Beach Beachwalk. SECTION 2. Section 36 -10, Code of Ordinances, is amended by adding new subsections (d), (e), and (f) to read as follows: "Sec. 36 -10. Curfew; alcoholic beverages. * * * "(d) Between midnight and 5:00 a.m, no person may enter or be present on the following portions of the beach located on land leased from the Texas General Land Office, known as "Corpus Christi Beach" or "North Beach," including any adjacent portions of the Corpus Christi Beach Beachwalk and adjacent parking lots: "BEING a tract of land containing 18 acres of land more of less out of a portion of Corpus Christi Beach, located in Corpus Christi, Nueces County, Texas. This 18 acre tract being more particularly described by metes and bounds as follows: "BEGINNING at a point at the southerly corner of Block A of the Brooklyn Addition as recorded in Volume 23, Page 14 of the Map Records of Nueces County, Texas: "THENCE N32 °E along the southeasterly boundary line of said Block B and Blocks 18 — 23 and Block 385 of said Brooklyn Addition as recorded in Volume A Page 32 of the Map Records of Nueces County, Texas, a distance of 2,850' to a point on the southerly corner of Block 387 of said Brooklyn Addition, being northwest corner of this tract; "THENCE southeasterly parallel to the existing jetty, a distance of 400' more or less to a point, which is on the extension of the low water line to the south, being the northeast corner of this tract "THENCE southwesterly meandering with said low water line, a distance of 2,870' more or less to a point on the southeasterly extension of said Block A being southeast corner of this tract; "THENCE N58 °W crossing Corpus Christi Beach a distance of 190' more or less to the point and place of beginning and containing 18 Acres of land more or less. CC BEACH CURFEW ORD W -O ALCOHOL 09302090 —130— Page 3 of 4 "Bearing is with reference to plat of the Brooklyn Addition recorded in Volume A, Page 32 of the Map Records of Nueces County. Texas. o - _ - - • + curfew-shall-be-clearly-marked-with signs advising that the beach is closed between midnight and 5:00 a.m. The signs must be posted at the northern and southern limits of the restricted beach and at the point where each City street intersects with the beach. If) The restrictions in subsection (d) of this section do not apply to a city employee in performance of the employee's duties, a person permitted to engage in leisure and recreational activities who has been issued a permit for the activities at those hours by the Director of Parks and Recreation department, or a person fishing on the groin into Corpus Christi Bay located at the northern end of the beach on land leased from the Texas General Land Office, who has proof that the person has a valid Texas Parks and Wildlife fishing license or that the person is exempt from that license requirement." SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 4. if for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance 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, word, 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 of this ordinance be given full force and effect for its purpose. SECTION 5. 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. CC BEACH CURFEW ORD W -O ALCOHOL 09302010 --131-- Page 4 of 4 That the foregoing ordinance was re - d o the first time and passed to its second , 2010, by the following vote: reading on this the - day of Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: the 15th day of October, 2010: R. day$eining First Assistant City Attorney For City Attorney CC BEACH CURFEW ORD W -O ALCOHOL 09302010 —1 3 2— Page 1 of 3 ORDINANCE AMENDING SECTION 36 -8(c), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, BY DELETING PARAGRAPH (1), WHICH AUTHORIZED CAMPING IN DESIGNATED AREAS OF CORPUS CHRISTI - BEACH PARK AND MAKING A FEW •EDITORIAL CORRECTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 36 -8(c), Code of Ordinances, is amended by deleting paragraph (1) and renumbering the remaining paragraphs. "Sec. 36 -8. Regulation of camping and other activities in certain parks and public areas. * "(c) Exceptions. The following exceptions are created to the prohibition in subdivision (b): (6) total days in any calendar month. "(2) A person may camp overnight in the municipal parking lot adjacent to the Coll a Exposition Hall and Bayfront a#s-Arts and Science Park, provided that the person is in a self- contained camping vehicle and is using the premises in conjunction with a lease of any such facilities. "(30 A person may camp at Neuces River Labonte Park for a period not to exceed three (3) consecutive days, nor to exceed six (6) total days in any calendar month. One (1) extension of three (3) consecutive days to the original three -day period may be granted by the director. "(4)J A person may camp at the John F. Kennedy Memorial Causeway Recreation Area for a period not to exceed three (3) consecutive days, nor to exceed six (6) total days in any calendar month." SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. CORPUS CHRISTI BEACH PARK CAMPING ORD 09292010.DOC - -133 -- Page 2 of 3 SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, ision o this-ar he definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. 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. CORPUS CHRISTI BEACH PARK CAMPING ORD 09292010.DOC -134- Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 01` day of (r t -,w , 2010, by the following vote: Joe Adame Chris N. Adler • Brent Chesney Larry R. Elizondo, S Kevin Kieschnick Priscilla Leal John E. Marez. Nelda Martinez Mark Scott 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 Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the ATTEST: day of , 2010. Armando Chapa Joe Adame City Secretary Mayor APPROVED: .25 day of .S.ezvte.rt , 2010: R. y R ing First Assistant City ttorney For City Attorney CORPUS CHRISTI BEACH PARK CAMPING ORD 09292010.DOC —135— off. }uawpuawe p snbi AID rD m Oi 3 rD -w r+ 0 0) rD 0 c rD 0 elseop OID 17000-'78-D -oN aseai 1 1 ❑ curl z � 0 n c-�-� w c �Cr O rD r+ 0 � o r+ cu 3 3 ro c rD c 0 Cw 0wwlw w 0 -138- 0) 0) rD 0 0 0 0) u.) rD cu 0 0 rD 0 0) 3 rD LID r� CD tu r a 0 CD fro CD rn CU 0 0) c -h rD 0) H- D 0 rD z 0 0 n n o � o 3 rD rD (7 0 3 z 0) 0) rD CU rD 0_ 0 c rD • Q T� D r7r3 rD 0 rD r+ rn rD rD 0 z rD 0 3 N p o g �tr) O 0 n -� C cu r+ cr cu rD CU 0 3 3 -139- nn o V 7 �- c VI n CO rD 0) 0) 11 0 n rD rD ED 0 CU o' 0 0 c c rD N 0 0 tf) c r� 0 co m n r+ 170 �D S O Q (D min V 0 rD t-t• `4‹ rD 0) r+ CO 0 0"- rD C D_ 0 rD 0 r+ rD cr rD 0) mmediately north of the Breakers -140- 0 CD `� o 1 1 1 .> c n n-v 3 r1 -0 C O r" S (D DJ -1‘a) m -o n-- 0._ 3 eL -1 ° m r Dr 4. (-1-' L' ,.Z- 0 13 cu X =c 3 a_ 5 • (1) -1 rD 3 tn. 3 In _. � M O ft CO = n -{, O rD CO rD = n Cu W 0) -, = O 01 o LO 00 n n rD c n rD rD CO -' = Cu rD r+ n �.-.- �C = rD rD Lo rD X n- 3 o -o — f-p 11 NO ATTACHMENT FOR THIS ITEM 12 NO ATTACHMENT FOR THIS ITEM 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 9, 2010 AGENDA ITEM: Discussion and Consideration of Appointment of a New Council Member. ISSUE: On November 2, 2010, Council Member Brent Chesney was elected to a Nueces CountyJuvenile Judge position. Article VII, Section 5 of the City Charter provides that upon the election of a council member to a non -city public office, such council member shall forfeit his or her office as a member of the council. The election of Mr. Chesney to the position will become effective upon the canvassing of election results by Nueces County which is currently scheduled for Monday, November 15, 2010. Consequently, a vacancy on the council will exist at that time. Article II, Section 13 of the City Charter further requires that the remaining council members by majority vote shall forthwith fill such vacancy by appointment of a new council member having the qualifications for such vacancy as established by law. The qualifications for the position are as follows: -- Must be a citizen of the United States. — Must be 18 years of age or older on commencement of the term to be filled. — Must not have been determined mentally incompetent by a final judgement of a court. — Must not have been finally convicted of a felony for which he/she has not been pardoned or otherwise released from the resulting disabilities. — Must have resided continuously in this State for twelve (12) months and in the City and /or District for six (6) months preceding the date of the deadline for filing for office. — Must not owe delinquent taxes to the city. REQUIRED COUNCIL ACTION: Appointment of an individual or approval of a process to fill the vacant council position. 19\ryvvt.„,0-Q.0' Armando Chapa City Secretary --155— 14 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: November 9, 2010) Case No. 0910 -02: October 28, 2010 Ray E. Smith, Jr.: The applicant is requesting a change of zoning from "F -R" Farm - Rural District to "R -1 B" One - family Dwelling District resulting in a change of land use from a farm -rural use to a one - family dwelling use. The property to be rezoned is described as approximately nine (9) acres of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road. PLANNING COMMISSION AND STAFF RECOMMENDATION (September 29, 2010): Approval of the applicant's request for a change in zoning from "F -R" Farm -Rural District to "R-1B" One - Family Dwelling District. REQUIRED COUNCIL ACTION: Consideration for approval of Planning Commission's and Staff's Recommendation. DEPARTMENT COMMENTS: • The requested "R -1 B" One - Family Dwelling Zoning District is compatible with the residential uses immediately adjacent to and along the west side of the subject property as well as the residential uses to the north of Lipes Boulevard. Juan Perales, Jr., PIE. Assistant City Manager, Departments of Engineering and Development Services Email: johnnyp@cctexas.com Phone: 361 - 826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance (and site plan if appropriate) H:IPLN- ❑IRISHAREDI1. PLANNING COMMISSIONti2010 CCINOV. 201010910-02 RAY E. SMITH, JR10910.02 AGENDA MEMO.00C —159— CITY COUNCIL ZONING REPORT Planning Commission Hearing Date: September 29, 2010 City Council Hearing Date: November 9, 2010 Applicant & Legal Description Applicant: Ray E. Smith, Jr. Owner: Ray E. Smith, Jr. Representative: Cobb Lundquist & Atnip, Inc. Address: 700 Everhart Road, Suite F -11 Corpus Christi, Texas 78411 Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Section 21, portions of Lots 6 & 7, generally located south of Lipes Boulevard approximately 850 feet west of Airline Road. Zoning Request From: "F -R" Farm -Rural District To: "R -1B" One- family Dwelling District Area: 8.799 acres Purpose of Request: To expand an existing residential neighborhood Existing Zoning and Land Uses Existing Zoning Existing Land Use Future Land Use Site "F -R" Farm -Rural District Vacant Agricultural Low- density residential North "R -1B" One - family Dwelling District Single- family residences with some vacant land Low - density residential East "R -1B "One- family Dwelling District Vacant Agricultural and drainage corridor Low - density residential and drainage corridor South "F -R" Farm -Rural District Vacant Agricultural Medium - density residential/Commercial West "R -1B "One- family Dwelling District Single - family residences Low- density residential 0 w c 8 4- 4 o p ; Area Development Plan: The subject property is located in the Southside Area Development Plan and is planned for low-density residential use. The proposed change in zoning to the "R- 1B" One - family Dwelling is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 042031 Zoning Violations: None Staff' Summary: • Requested Zoning: The applicant is requesting a change of zoning from an "F -R" Farm -Rural District to the "R -1B" One - family Dwelling District in order to expand an existing single- family dwelling neighborhood. • Background: The land immediately north and east of the subject property was rezoned from. "F -R" Farm -Rural to "R -1B" One - Family Dwelling in June of 2005. The land immediately west of the subject property was rezoned from "F -R" Farm -Rural to "R -1B" One - Family Dwelling in January of 2006. The land south of the subject site remains zoned an "F -R" Farm -Rural District. City Council Zoning Report Case No. 0910 -02 Ray E. Smith Page 2 • Transportation and Circulation: Lipes Boulevard is designated as a "C3" Collector on the adopted Urban Transportation Plan and is therefore planned to be a (4 -lane) 75 -foot wide collector providing traffic circulation from Airline Road and Rodd Field Road to the east over to Cimarron Boulevard and South Staples Street to the west. Lipes Boulevard will also provide access to multiple perpendicular residential intersecting streets, schools and parks in the surrounding neighborhood. Traffic Counts: Street R.O.W. Street UTP Type Existing and Paved Section Volume (2005) Lipes Blvd C3 Collector (75'/4 lanes) 40' R.O.W. w/28' Bk to Bk pavement (2- lanes) NA Airline Road Al Minor Arterial (95'/5 lanes) 95' R.O.W. w /28' Bk to Bk pavement (2- lanes) 2894 • Relationship to Smart Growth: The proposed rezoning is consistent with the continued and expected growth of single - family development within this geographic area of the Southside Plan. This natural progression of formerly vacant agricultural land into single - family housing stock is also consistent with the future land use plan and promotes the continued extension of sidewalks, pedestrian ways, and infrastructure such as roads, water, sewer, and drainage. • Comprehensive Plan & Southside Area Development Plan Consistency: The Southside Area Development Plan identifies the subject property and surrounding area as low - density residential land use. The proposed zoning change from "F -R" to "R -1B" is consistent with the Southside Area Development Plan, Future Land Use Map and the Urban Transportation Plan for the City of Corpus Christi. The Comprehensive plan recommends that areas affected should have the proper infrastructure. In the case of the requested rezoning, the platting process will require the applicant to submit a Storm Water Quality Management Plan (SWQMP) to illustrate the effects of the impervious surface upon the surrounding elevations. Plat Status: Subject property is in the process of being re- platted from Flour Bluff and Encinal Farm and Garden Tracts, Section 21, Lots 6 & 7 to Manhattan Estates Unit 4. Department Comments: • The requested "R -1B" One - Family Dwelling Zoning District is compatible with the residential uses immediately adjacent to and along the west side of the subject property as well as the residential uses to the north of Lipes Boulevard. PIanning Commission and Staff Recommendation: Staff recommends approval of the applicant's request for a change in zoning from the "F -R" Farm -Rural District to the "R -1B" One - Family Dwelling District. —161— City Council Zoning Report Case No. 0910 -02 Ray E. Smith Page 3 Number of Notices Mailed: 41 within 200 foot notification area; 2 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0% As of October 27, 2010 Attachments: 1. Site- Subject Property 2. Site- Existing Zoning, Notice Area, & Ownership 3. Site- Existing Land Use 4. Site- Future Land Use H:1PLN- DIRISHAREDII. Planning Commission12010 CC\Nov. 2010\0910 -02 Ray E. Smith, Jr1CC ZONING REPORT 0910 -02 Ray E. Smith Jr. (FR to R -I B).doc -162- A ES UNIT to 1 AIRLINE CROSSING UN 28 SUBJECT PROPERTY GRAC t.ANO SUBOIVIS ON CASE: 0910-02 1. SUBJECT PROPERTY Sheet Property St#JECT PROPERTY LOCATION MAP -163- CASE: . 0910 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP ? AaFMenI Kan DIS llcl atnenlH cure DIS Ilel AAatrienl Houle DIs HCI Praksskrel Orice Slrtl[E ?AatntnFTWlsl Dlstk! NeIghlrahood Stillness BISlld Neighborhood Dullness DDI1c1 Babloni BWlness Dlstk Saner Nand Dulness Distld D uchess Dunel General arriness Dlstkl Primary SufneSS DIS 11cl Primary SulrrtssCore Dlsiic! Corpus Chits I Reach Design DUI. Farm Rural DISt1cl Hls hriosl cU kcal Lrdmat: P restruahn I.1 Rallied hdtutW Dlstkl E2 Ugh! hIur tlal DIS tICI 1-3 Hear/ MWtial Dlstkl PUS Maned Unit Derselopmenl IC I.°. One Fancy Dwellhg ,ICI R -IB One Fallibly Dwellhg Dlstic! R• IC One Fancy'me.hir Dist/el R -2 F1AFFple DtFe!b DISI.d RA. One Fancy DVtdltl Dlsllcl RE PeildenII ESIdk DlsHCI A -TH TLxnhoUte DKeFty Dlrtld .^rP MedalPermiI T IA. Tfx J I Haller Pak. Mr incl T- ID Maui ckrcd Home NW: DIstICI T- 1C CA3Vtrackrtd Hom a abdltiskn DIS Hcl Eu91hcPPAce. a ball OR; ® v:f 300'ts1"2r d 2tiV 4 Cri ers'ra 1 200' :Zt : ao Cca: e s m2c1eaceas:00It2;e A, F Op,9D5 6 SUELECT ▪ PROPERTY -164- — _rte~__ —• ,.._r �Sit�e� LOCATION CASE: 0910 -02 3. SITE- EXISTING LAND USE Estate Residential m Low Deasfiy Res. Rid Dewily Res. m ligi, Densky Res. O Mb le Home Vacant m Professional mice Commercial Light hvdarstrial Heavy Industrial Public Semi-Public Park Drainage Corridor Conserrationi sem tion Map Soak,: 1 :2,400 -165- m m CASE: 0910-02 4. SITE- FUTURE LAND USE AgricallturaltRilral Estate Residential Low UertsgyRes. kid Dewily Res. p171 I k DerteRy fees. MI' 1 bik low Vacant Pr0fessiorral (mice Cormrrerclal TrwsrportatroN Plan Ewa fir g Proposed w*= Eaptesswayw wan e..—■ Arterraer .-... --� e4f ctors IMF Rahway -U--r Railroad IV4Cj PO CCO m R3P PsP IPK Oc OP CP 7barist Researcharo rress Park Light Ardu trld Heavy industrial Pttbk Setni,Public Par# Drainage Corridor Dredge Placement 146ter Conservation/Preservation Map Scale: 1:Z400 SL IJECT PROPERTY LOCATION MAP -166- • MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall September 29, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman James Skrobarczyk Johnny R. Martinez (Arrived at 5:35 p.m.) Evon J. Kelly John C. Tamez Govind Nadkarni (Absent) Mark Adame John Taylor Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Miguel S. Saldana, AICP, Senior City Planner Andrew Dimas, City Planner Wesley Vardeman, City Planner Deborah Brown, Assistant City Attorney (Arrived at 5:37 p.m) Ashley Satterfield, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER The meeting was called to order by Chairman Garza at 5:30 p.m. and a quorum was declared. B. ZONING 1. New Zoning Wesley Vardeman, Development Services, presented New Zoning item "a ". a. Case No. 0910 -02 Ray E. Smith, Jr.: A change of zoning from the "F -R" Farm-Rural District to the "R -1B" One- family Dwelling District resulting in a change of land use from a farm -rural use to a one - family dwelling use. The property to be rezoned is described as approximately nine (9) acres of Flour Bluff and Encinal Farm Garden and Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of the intersection of Airline Road. Commissioner Skrobarczyk commented on the drainage ditch near the subject property. Mr. Saldana responded that the subject property abuts the channel. The public hearing was opened. No one came forward in favor or opposition. Public hearing was closed. Motion to approve staffs recommendation was made by Commissioner Martinez and seconded by Vice - Chairman Huerta. Motion passed unanimously with Commissioner Nadkarni absent. H:IPLN- DIRISHARED11. PLANNING COMMISSION12010 CC\NOV. 2010\0910 -02 RAY E. SMITH, JRIMINUTES EXC.DOC —1 6 7— Page 1 of 3' ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RAY E. SMITH, JR., BY CHANGING THE ZONING MAP IN REFERENCE TO APPROXIMATELY NINE(9) ACRES OUT OF FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACT, SECTION 21, PORTIONS OF LOTS 6 AND 7, LOCATED SOUTH OF LIPES BOULEVARD, APPROXIMATELY 850 FEET WEST OF AIRLINE ROAD, FROM "F -R" FARM -RURAL DISTRICT TO "R-1B" 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 Ray E. Smith, Jr., 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, September 29, 2010, during a meeting of the Planning Commission, and on Tuesday, November 9 , 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 approximately nine (9) acres out of Flour Bluff and Encinal Farm and Garden Tract, Section 21, portions of Lots 6 and 7, located south of Lipes Boulevard, approximately 850 feet west of Airline Road, from "F -R" Farm -Rural District to "R-1B" One - Family Dwelling District. (Zoning Map) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:I LEG-DIRISharedlLEGAL- DEV.SVCS12010 Agenda111- 09- 1010910 -02 Ray E Smith, Jr\ORD F -R to R -1B. Final. DWB.docx —168— , Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: This _ day of ; ,LL -t . < z_., , 2010 ,_w Deborah Walther Brown. assistant City Attorney For City Attorney H:1LEG- DIR1Shared \LEGAL- DEV.SVCS\2010 Agenda111 -09- 1010910 -02 Ray £ Smith, JrIQRD F -R to R -1 B. Final, DWB.docx -169- Corpus Christi, Texas day of , 2010 Page 3 of 3 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- DIR1SharedlLEGAL- DEV.SVCS12010 Agenda111- 09- 1010910 -02 Ray E Smith, Jr1ORD F -R to R -1 B. Final. DWB,docx —170— 15 AGENDA ITEM: CITY COUNCIL AGENDA MEMORANDUM October 27, 2010 Public hearing and Ordinance amending the Corpus Christi Zoning Ordinance by amending Section 27 -3.07 relating to dumpster screening; and by adding new Section 27 -3.08 relating to dumpsters at new construction. ISSUE: The proposed amendment to Section 27 -3.07 "Trash Areas" and the addition of Section 27- 3.08 "Dumpsters" is intended to better correlate with current waste disposal practices and community wide business needs, as well as, provide clarification of intent of the code sections to facilitate administration and enforcement of the code.. The draft text amendment is based on a collaborative effort between City Staff and members of the Unified Development Code (UDC) Base Zoning Focus Group. After several meetings and presentations, a joint presentation was given to the Planning Commission. The Planning Commission, on October 13, 2010, approved the recommendations of both groups. PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION: Approval of the proposed text amendment. REQUIRED COUNCIL ACTION: Consideration of the Planning Commission's Recommendation for approval. 4,c Juan Perales, Jr/ P.E. Assistant City Manager Engineering & Development Services JohnnyP @cctexas.com (361) 826 -3828 Attachments: Exhibit A — Background Information Exhibit B — Ordinance H:IPLN- DIRISHAREDIUDCIUDC DOCUMENTSIFOCUS GROUPSIBASE ZONINGIDUMPSTER SCREENING TEXT AMENDMENTIDUMPSTER SCREENING AGENDA MEMO.DOC —175— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: In 2005, the City of Corpus Christi embarked on a process of review and implementation of the Unified Development Code (UDC). During the review process, the UDC was divided into six (6) focus groups. The focus groups consisted of the following: Base Zoning, Infrastructure, Shared Access, Parks, Landscaping, Signs, and Administrative. Among the myriad of regulations changing and improving, the topic of screening refuse areas arose. On March 23, 2010, City Council enacted a 180 -day moratorium, suspending the enforcement of Section 27.3.07 "Trash Areas." Staff met with the Base Zoning Focus Group to create a viable text amendment that would be implemented once the moratorium expired. As discussion progressed and the vetting process continued, a resolution granting an additional 60 -day extension to the moratorium was passed on September 28, 2010. During this period, staff has worked diligently with the Base Zoning Focus Group of the Unified Development Code (UDC) committees to complete a draft ordinance. The Focus Group has been comprised of local developers, commercial property owners, and representatives of the waste disposal industry. Since the moratorium began in March of this year, the Focus Group has been a tremendous asset in shaping the draft language of the dumpster screening text amendment and provided assistance in determining the best practices to enforce any potential text amendment ordinance. The resulting combined Focus Group recommendation and Staff recommendation, including new construction requirements were presented to the Planning Commission on October 13, 2010. The Planning Commission recommended approval of the Staff and Focus Group recommendations. EXHIBIT A H:IPLN- DIR \SHAREDIUDCIUDC DOCUMENTSIFOCUS GROUPS\BASE ZONINGSDUMPSTER SCREENING TEXT AMENDMENT\DUMPSTER SCREENING COUNCIL AGENDA MEMO BACKGROUND INFORMATION.DOC —176— Page 1 of 3 ORDINANCE AMENDING THE CORPUS CHRISTI ZONING ORDINANCE BY AMENDING SECTION 27 -3.07 RELATING TO DUMPSTER SCREENING; AND BY ADDING NEW SECTION 27 -3.08 RELATING TO DUMPSTERS AT NEW CONSTRUCTION; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND PROVIDING EFFECTIVE DATES. WHEREAS, on September 28, 2010 in Ordinance No. 028793, the City Council requested that the Planning Commission provide its recommendations regarding the screening requirement in Section 27- 3.07.01 of the Zoning Ordinance; WHEREAS, the City Council previously authorized a Temporary 180 day Moratorium on the same requirement in Section 27- 3.07.01 of the Zoning Ordinance, by Ordinance No. 028528, issued on March 23, 2010, and authorized a Temporary 60 day Moratorium on the same requirement by Ordinance No.028793 issued on September 28; 2010; WHEREAS, with proper notice to the public, public hearing was held on Wednesday September 29, 2010 and Wednesday October 13, 2010 during meetings of the Planning Commission, and on Tuesday November 9, 2010, during meeting of the City Council, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to hear and be heard; and WHEREAS, the Planning Commission has approved a recommendation for the City Council's consideration; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That Section 27 -3.07, Corpus Christi Zoning Ordinance, is revised to read as follows: "Section 27 -3 Modification of Area Regulations "27 -3.07 Trash Areas: 27- 3.07.01 On any lot used for business or multiple- family purposes, all trash screened from street, public and neighboring vicws. all trash areas shall be provided in a place accessible to vehicles used for picking up and carrying solid waste away. All solid waste shall be confined in a dumpster or compactor, or otherwise screened from street, public, and neighboring views." H:1LEG- DIR1Lisa12010 OrdinancelZoning Ordinance 27 3.07.doc —177— Page 2 of 3 SECTION 2. That the Corpus Christi Zoning Ordinance is amended by adding new Section 27 -3.08, to read as follows: "27 -3.08 Dumpsters: 27- 3.08.01 This section shall apply only in the event of new construction. 27- 3.08.02 For all uses, except single- family detached and duplexes, refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. 27- 3.08.03 The location of the dumpsters must be identified on submitted site plans. 27- 3.08.04 Screening must be composed of a solid or opaque material that matches or compliments the building material of the principal structure. The materials may be fences, berms, walls, gates, landscaping, or combination thereof. 27- 3.08.05 A dumpster that is not located in a street yard is deemed not visible from the street," SECTION 3. That the Corpus Christi Zoning Ordinance, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That to the extent that this amendment to the Corpus Christi Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Corpus Christi Zoning Ordinance, as amended by this Ordinance. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid of unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word 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 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 7. 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:ILEG-DIR \Lisa12010 OrdinancelZoning Ordinance 27 3.07.doc —178— Page 3 of 3 SECTION 8. Section 27 -3.07, Corpus Christi Zoning Ordinance, as amended herein, takes effect on November 28, 2010 (which is the day after the expiration of the 60 day moratorium approved on September 28, 2010 by Ordinance 028793). Section 27 -3.08, Corpus Christi Zoning Ordinance, as created herein, takes effect on December 28, 2010. H:1LEG- DiRlLisa12010 OrdinancelZoning Ordinance 27 3.07.doc —179 -- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N, Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: 0e2--(.1 2. Lisa Aguilar, istant City Attorney for the City A L ney 0.0---,2:7 13 Joe Adame Mayor 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION November 9, 2010 AGENDA ITEM: Annual Update from Port of Corpus Christi STAFF PRESENTER(S): Name Title/Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. John LaRue Ex Dir. Port CC 2. Frank Brogan Dep Port Dir - Admin Port CC 3. REQUIRED COUNCIL ACTION: None PowerPoint ®_ Supplemental Information 1 ngel R. Escobar `angele @cctexas.com (361) 826 -3220 V) -1--J a--' V Q) Q) u) C -0 ( 2 to O D .CU Q ca O CO - . c/) V C1 V CU C13 C U. 0 -0 C 0_ Q a 2 i eL a O in O N }+ i • 0 v O 2 V -a t I= 4) W CC m Ni © m rl M N N l0 l0 N l0 .tn.Ln a a) (if') = = > Q = w -a -a a--+ 4--+ rg co E CO N N 00 M N E O U 2011 Estimated N .N S- 0 z w 75 .N 0 16} 1 1 Deep Water Port Short Transit Time Berth Upon Arrival State -of- the -Art Security & Surveillance Uncongested Transportation Dockside Rail Connections Dockside Cold Storage Facility Bulk Terminal Facility Grain Terminal Facility L. Liquid Bulk Terminal :P. f. . i 1 Up to 45 -ft Draft Dockside Truck and Rail Transfer Receive vessels above 1000 -ft Dock can handle 1500- Ibs /sq ft N 2 to u cu Q 100+ Hard Surface Acres and Expanding Multiple Docks and Staging Options Dedicated Port - Operated Railroad Skilled workforce Dockside Rail Direct Access to Major Interstate & State Highways Direct BNSF, UP and KCS Rail Uncongested Routes Minimal Escort Requirements O V) N CD s- a) a-) CO N ) + i . _ O CD +-) a1 O a) D CO _C +) .z aw -C CD C 1-C 4- o 112 a) a) a) 4) o CU ( U C X U w 0 Harbor Sunrise Wind Farm Under Development CD }' O U CD a--0 s_ •� >` s_ CD 2 CO CD ta0 o }' = O .— 0 = — 0_ s_ CD CD = s_ O = CO U .0 0 CO U a) 0 • U = CO c E CD iA }' Q U O CD —0 a) v) = 4-• > co c ca — = 2 w ° E LL Q cn co L7 co °' E }' co z = o — = •— 'i Q _C = CI cn I— C CO CO C —C i U i .00 Fo H • J ,i 1 r 1 1 • 1 11 r l t r r, Former U.S. Naval Station Ingleside w CU >% 0 • 4-) NI s- = CU U -0 CU co (1) IL. 06 c > 4-) . o cu CU 4- L. co 0 tn LL Environments Management System Port's FTZ was activated in 1985 One of the largest in U.S. 14 Active Subzones c-I N N a) U 45 N N co s -o O O N c a) E O 4j Q a) 0 U a) (./) a) U O U •L U a) V) X a) E co 1_ U a) N a--+ U co c 0 U co c co N a) U O >, L Q E 46 O I- C • O_ N a) 2 a) O a--+ a) S co a) Cri O O N c O N 0 a) C cU a) s 45 1 cU Q -o co a) cU a) co N a) N N a) a) a) N c ra 1 O E U N_ .L D O c L O L U CO I- C U C N N •O O L s \ - U f6 L • .o Q } L (./1 S 0 L N U U O a) L N U Q O L O LL U N + H (./1 (./1 - C W CO m_o 0 a--+ a) -o ate' a--+ 0 co D +, E O LE -a.) co E L C U o U c O tiA-0 >.0 i co C +- U CO a..' co •L c6 C LL U c H cn ra . a) Q a) • O v }, s )vides access control data systems (AMAG /TWIC readers) N co X co s c6 N a) a) _o U CO CO Q co U c6 O o U co co L a)— U_ LL Z LL Cn i N J co I- s Ln ni c/) 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Health and Risk Management Claims Report — Quarterly Report, Period ending July 31, 2010. STAFF PRESENTER(S): Name Title /Position 1. Cynthia Garcia Director 2. 3. OUTSIDE PRESENTER(S): Department Human Resources Name Title /Position Organization 1. 2. 3. BACKGROUND: REQUIRED COUNCIL ACTION: nla PowerPoint Supplemental Information El C Cynthia Garcia Director of Human Resources CynthiaG @cctexas.com 361 - 826 -3315 MEW 1, City of Corpus — Christi Department of Human Resources Health and Risk Management Claims Report Year -to -Date Report Period Ending July 31, 2010 1 -215- Table of Contents Risk Fund Health Plan Update 3 Workers Compensation 8 General Liabilities 11 2 —217— HEALTH PLAN CLAIMS REPORT AUGUST 1, 2009 THROUGH July 31, 2010 Introduction The City works diligently to control health plan costs for the City and employees and is supported in this effort by the plan's third party administrator, Humana, and by Crest Benefits, consultant. This report provides a review of claims utilization for the period August 1, 2009 to July 31, 2010 for the City's health plans and describes changes that will be implemented in Fiscal Year 11 designed to address both short term and long term challenges. Medical and Pharmacy Expenditures — Comparison FY10 to FY 09 A total of $23,4 million has been paid by the health plan for medical and pharmacy claims in the period under review. See Attachment 1 for comparative detail between active and retired employees. Total Paid — Ali Plans FY10 FY09 Citicare Medical $18,174,187 $18,902,717 Pharmacy $5,249,711 $4,900,952 Total $23,423,897 $23,803,669 Total Paid — By Plan FY10 FY09 Citicare $14,086,144 $14,459,727 Public Safety $4,007,117 $4,735,679 Fire $4,997,572 $4,512,630 Citicare Alternate $333,064 $95,633 Total $23,423,897 $23.803,669 Table H -1 Table 11-2 Citicare and Citicare Public Safety total claims expense is lower in FY10 compared to FY09. This decrease in claims expense is primarily due to the following variables: 1) The total persons making claims for fiscal year 2010 was Tess; 2) the total claims filed in 2009 as compared to 2010 was also Tess and 3) the average network discount went from 63% in 2009 as compared to 65% in 2010. Citicare Fire had an increase in the number of catastrophic cases resulting in greater claims utilization. Additional information regarding catastrophic cases will be discuss later in this report. As for Citicare Alternate, there was one large claimant in this group, causing the significant increase from the prior year. 3 -219- Medical and Pharmacy Expenditures by Category Table H -3 shows total expenditure paid by service category which illustrates the general tendency of utilization. Table H -3 Service Category Total Paid Professional (office visits to Primary Care Physician, Specialist, and outpatient physician services) $7,439,049 Inpatient Hospital $5,406,345 Pharmacy $5,249,711 Outpatient Hospital $4,011,252 Ancillary & /Other (lab, durable medical equipment, behavioral, chiropractic, home health, hospice, ambulance, urgent care, etc.) $1,317,540 Total $23,423,897 The professional service category represents 32% of total claims costs. For the future, this category may be positively impacted by the implementation of an on -site health and wellness clinic. As you are aware, the City is working with a benefits consultant to implement a clinic for employees, retirees and their dependents. Details concerning the recommendation for implementation of the clinic will follow this presentation. Pharmacy utilization represents 23% of total claims costs. The use of generic medications represents an important source of unrealized savings in drug coverage. Graph H -1, on the following page, illustrates generic dispensing rate as compared to Humana's book of business. The Civilian members are outpacing the Humana book of business in generic dispensing rate. The Civilian plan has three tier benefits which drive utilization to lower cost generic and brand drugs. Public Safety and Fire have two tier benefits which allow a member to fill a brand drug when a generic is available with no additional member cost share. Efforts to implement a three tier structure with Public Safety and Fire can only be accomplished through negotiation. 4 —221— 74 72 70 68 66 64 62 60 58 56 54 52 Generic Dispensing Rate -% Aug 2009 - July 2010 Civilian Fire Safety Humana Graph 11-1 To substantially decrease the long term costs of the plan, a decrease in the demand for care is needed. The City in collaboration with the Health Department will conduct a health screening program beginning November 1 through November 12 as a preventative measure to determine health risks and possible presence of disease or illness. Early detection of disease or illness can result in significant savings to the plan as conditions are identified and resolved before they can require costly medical treatment. Health screenings will include Lipid panel with glucose, blood pressure, cholesterol, body composition analysis, and weight. Employees will be encouraged to complete a Health Risk Assessment that will be used to implement wellness initiatives designed to promote and maintain a healthy lifestyle. Catastrophic Cases Attachment 11 illustrates the total costs for catastrophic case claims and how these expenses relate to total plan costs. For all plans, there were twelve (12) individuals whose claims met and/or exceeded the $150,000 stop loss deductible, totaling $3.0 million paid by the plan. We have received $2,245,091 in stop loss recoveries on these claims. There were seventeen (17) individuals whose claims met and /or exceeded $75,000 (50% of the $150,000 slop loss deductible), but did not meet the stop loss deductible. These cases represent $4.6 million (20°/o) of the total $23.4 million dollars in total claims paid. The Fire plan had a total of 1,267 lives of which twenty -eight percent (28 %) of the catastrophic cases were attributed to this plan. This is a significant percentage when considering the small size of the group. Public Safety with 1,469 lives had two (2) cases, Citicare Alternate had 196 lives with one catastrophic case and the remainder was in Citicare. 5 -223- The health conditions experienced by these individuals are as follows: • End Stage Renal Disease Treatment • Intracerebral Hemorrhage, Septicemia & Bacterial Pneumonia • r e ro . soy openic ' urpura ow pa e e coun • Congenital Hiatus Hernia Pneumonia & Pulmonary Eosinophilia • Disease of Trachea and Bronchus • Newborn Complications • Cancer • Neurological disorder • Acute Appendicitis • Intervertebral Disc Disorder with Myelopathy • Venous Embolism & Thrombosis of Deep Vessels of Lower Extremity • Malunion Fracture of Bone • Infection & Inflammatory Reaction of Internal Joint Prosthesis • Pneumonia, Gallbladder & Gastrointestinal Tract Hemorrhage PROJECT FOCUS FOR FISCAL YEAR 11 Future reports to council will focus on the following measures the City has taken in FY11 to mitigate increasing costs of providing health care to employees, retirees and their dependents: Implemented revisions to Citicare health plan to require less premium and greater cost sharing when utilizing more expensive services, e.g., emergency room, specialists. Continued offering Citicare Premium plan that requires greater premium and less cost sharing when seeking services. The objective of this change should realize cost savings without compromising quality care for employees, retirees and dependents. A Request for Proposal was, issued in July, 2010 for a on -site wellness clinic. Representatives from the Financial Services Department Purchasing Division, Human Resources Department, and Employee Insurance Advisory Committee along with the Benefits Consultant completed evaluation of proposals on September 30. Presentations by finalists have been completed with a final recommendation to council will follow this presentation. The City continues negotiations with the CCPOA and Firefighters, however, negotiated changes to health care will not be implemented until a mutually agreed upon date after negotiations are finalized and approved. 6 —225— Total Costs Table H -4 shows total expenses by plan including medical and pharmacy claims, Third Party administrator fees, and Specific Stop Loss premiums for FY10. Table H -5 shows the revenues and expenses for FY10, and the net balance by plan for the year. Table 14-4 Health Plan Actual Expenses (Active Employees, Retirees, and Cobra) Plan Medical RX Admin Fees (Stop Loss & TPA Fees) FY10 Total (Period Ended Jan 31) Citicare $11,643,192 $ 2,442,952 $ 1,872,469 $ 15,958,614 Citicare Fire $ 3,564,239 $ 1,433,334 $ 435,316 $ 5,432,888 Citicare Public Safety $ 2,665,174 $ 1,341,943 $ 523,131 $ 4,530,248 Citicare Alternate $ 301,581 $ 31,482 $ 73,744 $ 406,808 Total: $18,174,186 $ 5,249,711 $ 2,904,660 $ 26,328,558 Table H -5 Expenses Citicare Fire Public Safety Alternate Humana Claims $ 14,086,144 $ 4,997,572 $ 4,007,117 $ 333,064 TPA Fees $ 833,184 $ 194,997 $ 234,333 $ 33,033 Stop Loss Premiums $ 1,026,835 $ 240,319 $ 288,798 $ 40,711 CVB TPA Fees $ 5,577 $ - $ - . $ - CVB Stop Loss Premiums $ 6,873 $ - $ - $ - Total: $ 15,958,614 $ 5,432,888 $ 4,530,248 $ 406,808 Revenues Active $ 3,264,634 $ 1,545,911 $ 1,203,154 $ 113,121 Retired $ 1,160,617 $ 694,019 $ 854,285 $ - Cobra $ 30,930 $ 6,481 $ 4,042 $ - Grants Contribution $ 413,048 $ - $ - $ - City Contribution $ 9,400,813 $ 2,268,300 $ 3,438,696 $ 290,352 Council Contribution $ 3,226 $ - $ - $ - CVB Contribution $ 66,343 $ - $ - $ - Stop Loss Reimb!RDS $ 945,883 $ 632,539 $ 133,076 $ - Total: $ 15,285,496 $ 5,147,248 $ 5,633,252 $ 403,475 Net Balance: $ (673,118) $ (285,640) $ 1,103,005 $ (3,332) • Citicare expenses exceeded revenues collected from premiums and stop loss reimbursements. Citicare was budgeted to draw down from the fund balance $850,000 in FY10. • Fire expenses exceeded revenues collected from premiums and stop loss reimbursements. • Public Safety's revenues have exceeded their expenses in FY10. 7 -227 - Risk Management This report will illustrate the Workers Compensation and General Liability claims activity that occurred in fiscal year 2010, with comparisons to the same time period in FY09. Workers' Compensation Claims The total number of claims filed for Workers Compensation has decreased 11% in FY10, compared to the number of claims filed in FY09, as illustrated in Table WC -1. The Police department claims have declined 8% from FY09 to FY10; however they had the highest number of claims this year. The Storm Water department had an increase of 14 %, with 25 claims. Solid Waste decreased 33 %, Wastewater increased 8% and Park and Recreation decreased 18 %. Claims Count by Department YTD Comparison (Period Ending July 31) Department FY09 FY10 % Change FY09 to FY10 Police 212 195 -8% Fire 109 - 118 8% Solid Waste 130 87 -33% Wastewater 61 66 8% Park & Recreation 89 73 -18% Water 52 47 -10% Gas 43 42 -2% Streets 43 33 -23% Storm Water 22 25 14% All Other 187 159 -15% Total: 948 845 -11% Table WC -1 Incurred Costs Our incurred costs have decreased 47% in FY10 as compared to FY09. As illustrated in Table WC -2, Solid Waste has the highest incurred costs this year. The Police department decreased 82 %, Fire decreased 32 %, Water increased 130 %, Park and Recreation decreased 50% and Streets decreased 78 %. Wastewater increased 205% due to a back injury, which is typically expensive. Incurred Costs by Department YTD Comparison (Period Ending July 31) Department FY09 FY10 Change FY09 to FY10 Solid Waste $ 277,986 $ 291,123 5% Police $1 ,618,250 $ 286,937 -82% All Other $ 275,390 $ 212,851 -23% Fire $ 267,089 $ 181,777 -32% Storm Water $ 151 ,869 $ 154,333 2% Wastewater $ 49,190 $ 149,904 205% Gas $ 79,209 $ 131,565 66% Park & Recreation $ 248,208 $ 124,602 -50% Water $ 50,275 $ 115,558 130% Streets $ 114,630 $ 25,400 -78% Total: $3,132,097 $1,674,050 -47% —229— Table WC -2 8 Paid Costs Our paid costs have decreased 35% in FY10 as compared to FY09, as shown in Table WC -3. Solid Waste has had the highest paid costs. Police has the second highest paid costs but their costs have decreased from FY09 to FY10 by 61%. Storm Water has decreased 29 %, Fire has decreased 43 %, Park and Paid Costs by Department YTD Comparison (Period Ending July 31) Department FY09 FY10 % Change FY09 to FY10 Solid Waste $ 253,874 $ 260,210 2% Police $ 447,766 $ 176,054 -61% All Other $ 274,328 $ 157,354 -43% Fire $ 220,792 $ 125,008 -43% Storm Water $ 151,869 $ 107,754 -29% Gas $ 79,209 $ 97,315 23% Wastewater $ 49,190 $ 94,768 93% Park & Recreation $ 226,043 $ 85,322 -62% Water $ 50,275 $ 75,555 50% Streets $ 111,052 $ 24,165 -78% Total: $ 1,864,399 $ 1,203,505 -35% Table WC-3 Graph WC -1 below illustrates the decrease in both incurred costs and paid costs in FY10 compared to FY09. —231— Graph WC -1 9 Dollars Paid for Prior Years' Claims We budgeted $2,461,344 for Workers Compensation claims for FY10, and spent $2,496,758. The amount we have paid not only covers the cost of claims filed this fiscal year, but also the payments we continue to make on claims filed in previous years. Graph WC -2 below, shows dollars paid during FY10 for claims that • •- were made on claims filed in FY09 (54 %). Graph WC -2 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $3pm, W O $200;000 $100,x00 Dollars Paid in Current Year for Prior. Years' Claims $799,987 $367,024 t r $314,180'. r s FY07 & Prior FY08- FY09 Our Workers Compensation program has performed well this year with decreased costs and fewer claims. Our greatest impact on reducing injuries occurs through a strong emphasis on safety. By consolidating the safety program, we anticipate improving the safety of our employees. We are taking steps to improve the program even more by creating safety improvement teams within departments, increasing work site inspections and observations, and providing on -going safety training. 10 -233- General Liabilities Claims The number of General Liability claims filed in FY10, compared to FY09, increased by 5 %, from 791 to 830, • however they have the highest number of claims this year. Streets had a 36% increase and Fire had a 31 % decrease. General Liability Claims Count By Department YTD Comparison (Period Ending Ju y 31) Department FY09 FY10 % Change FY09 to FY10 Police 175 158 -10% Streets 96 131 36% Water 78 95 22% Wastewater 74 91 23% Solid Waste 72 90 25% Storm Water 49 42 -14% Gas 36 31 -14% Park & Recreation 38 32 -16% Fire 36 25 -31% All Other 137 135 -1% Total: 791 830 5% Table GL -1 Incurred Costs As shown below in Table GL -2, overall incurred costs have decreased 46% in FY10 as compared to FY09. Incurred cost for Police claims continue as the largest of all departments, however they had a 61% decrease FY09 to FY10. Solid Waste increased 80% (due to one large property damage claim), Wastewater increased 271% (due to one large bodily injury claim), Water decreased 88 %, Fire decreased 97 %, Park & Recreation decreased 51 % and Gas decreased 52 %. Incurred Costs By Department YTD Comparison (Period Ending July 31) Department FY09 FY10 % Change FY09 to FY10 Police $ 1,255,464 $ 495,560 -61% Streets . $ 10,003 $ 17,546 75% Water $ 524,423 $ 60,998 -88% Wastewater $ 16,341 $ 60,684 271% Solid Waste $ 98,383 $ 176,747 80% Storm Water $ 8,995 $ 10,167 13% Gas $ 24,400 $ 11,780 -52% Park & Recreation $ 37,770 $ 18,559 -51% Fire $ 39,538 $ 1,314 -97% All Other $ 83,836 $ 285,516 241% Total: $ 2,099,152 $ 1,138,871 -46% -235- Table GL -2 11 Paid Costs Our paid costs have decreased 6% in FY10 as compared to FY09, as shown in Table GL -3. The Police department has the highest paid costs, but their costs have decreased 28% from FY09 to FY10. Gas has decreased 82 %, Fire has decreased 98 %, and Park & Recreation has decreased 80% in FY10 as !. V. -■ :• is • • • — Y : . ■ — • 1 increased by over $43,000 due to a few large claims. . — - - Table GL -3 Paid Costs by Department YTD Comparison (Period Ending July 31) Department FY09 FY10 % Change FY09 to FY10 Police $ 509,530 $ 365,461 -28% Streets $ 4,003 $ 16,546 313% Water $ 15,041 $ 58,148 287% Wastewater $ 15,299 $ 15,384 1% Solid Waste $ 80,897 $ 66,288 -18% Storm Water $ 7,305 $ 8,917 22% Gas $ 23,650 $ 4,337 -82% Park & Recreation $ 34,388 $ 6,866 -80% Fire $ 34,038 $ 814 -98% All Other $ 83,618 $ 215,418 158% Total: $ 807,770 $ 758,178 -6% Graph GL -1 below illustrates the decrease in both incurred costs and paid costs in FY10 compared to FY09. Graph GL -1 12 -237- Dollars Paid on Prior Years' Claims We budgeted $2,973,876 for General Liability Claims and Lawsuits for FY10, and spent $2,015,593 (68% of the budget). The amount we have paid not only covers the cost of claims filed this fiscal year, but also the payments we continue to make on claims filed in previous years. Graph GL -1 below, shows dollars paid 1 majority of the payments were made on claims filed in FY09 (51%). - 1 - , i • " r _ Graph GL -2 Dollars Paid in Current Year for Prior Years' Claims, Of the 830 claims filed in FY10, 29 of them are lawsuits (3 %). Graphs GL -3 and GL -4 below illustrate that 43% or more of our costs are driven by only 3% of our claims, which are lawsuits. Graph GL -3 Graph GL-4 13 -239- -241- r ,� �$ ^ F� ;{ i`; �i.``� Y,{ : .�; ' J. . S v;k,,i• r^.-Lh.,.y :x s `'� i�: > t q,.3 � - -4o, � vi- ea `'a . 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" =� : x . � � 171,... k �„ s H. ��? . � k „� , 41, :'` " _ „u� - G Fa5w ' . . 7 h° '� -. *'° 0 Q: $r A' : � . .. = d� '�, � - ' �i.,� y ; '"�-n, � : i'1 , 1 '.0 ` '' °l � r . : ,. , i•"`; " �"�t,ra144 • m ?v. d � , ,, a' �^ '. ! , f, � y s?... ,s . ��: ., w, .,,? . .,. . .,.. ,..�.., iM . ..'� ;: .,, .7 4k :,,t � 4 '�R`e +�.,.,5l l r, c ,�.1 ' Y S�. . s s, � .i�+ a i,.I 1 s,Total Paid by Health Plan } ,F x a �= i ar =4 Total Paid r • r� ., 4P ;. r . - , g '7 1 t H>, c. :. V , Yea ,t`lt , 1 ' � n' 4: . t k I , ,,, , P, 4 1'`� ��4 ); �A $ 14 ,086 �144 4 % bss 4 Ua Ma 5 , .. $ 4,997,572 - »»i, ,r r . » . „: _. F Y :,:p �, „ .x? _. . -d ., . -:t m ,»i r n,v t r t ' v , : p e � P ei - � �,,,! 2 � f :- :A” $ i- ? % ',,,,a307.:, R � 3- � � � 3 � 1. � � ��tih �, � � . �,� 4 '{ � -t . 4,::,:„.:,...v,, _ur ' a 3r. Y -u:_ � a.�L 'n:c r >, � -. , 0. e � �� � , „I - . : I 5c - r `� sQ - > x p. 40�• 1 �1 tF,�ti �w P . N� V . hv, Vx . . . �, 1 ' .m- '� `�v� I { � A =', :,- ^ r, . - I ,rFr * mN Catastrophic O utl i ers , •- _., .,.,' "-: r, >, ,,, 'cr' -r "'r.>t: ,.'q' * ,5, rsrs v ? q a.:,/^',', , r . zx_ '2 „ n ,,,} ^C” r t , i„:„.i i'_ ` l �, "r' 'S` f; Y- �r .� ▪ a I ▪ F "`r _. s *; ' Clalman �` enchmaH -$751 R . G1ai�n rnt B c art 5k 8 Ota CT ms Paid '`r $ 3,005,997 • Tota1 Claims Paid $ 1,319,513 • Cats % 0o: Gross Dollars - 21.34 %:; Cats %o of Grass- Dolla s 2.6.40% . et and Exceeded ISL $150k 9 Met; and. Exceeded ISL $150k • 3 Total •Claims Paid (9)'-individuals . 2,179,854 •Total'Claims Paid'(3) individuals • 865,237 Stop' Loss Recoveries 829,854 -Stop . Loss Recoveries 415,237. wympioniototip a2iigaitaifiaeitgEM • . rkrEtZ,54:71r4:::'.':'. . Census • Census # Emplo ees /Retirees 585 . # Employees /Retirees 83 # Memb: rs 1469 # Members 196 Total Paid by Health Plan Total Paid by Health Plan Gross M dical/Rx Paid $ 4,007,117 Gross Medical /Rx Paid $ 333,064 Per Emp oyer Per Month (PEPM) $ 571 Per Employer Per Month (PEPM) $ 334 Per Member Per Month (PMPM) $ 227 Per Member Per Month (PMPM) $ 142 *Catastrophic Outliers *Catastrophic Outliers Claimant. *Benchmark $75k 2 Claimants *Benchmark $75k 1 Total Cla ms Paid $ 166,709 Total Claims Paid $ 91,969 Cats % o i Gross Dollars 4.16% Cats % of Gross Dollars 27.61% et and Exceeded ISL $150k - Met and Exceeded ISL $150k - Total Claims Paid (0) individuals - Total Claims Paid (0) individuals - Stop Loss Recoveries - Sto. Loss Recoveries - -243- -245- —247— c i 0 C71 0 a a 0 O o a 0 a 0 b. a 0 a ta o 0 O O o c11 0 0 0 a 0 N_w -- Y p: .G E. 0, Incurred 90 CA3 , 64 CO a CO FY1•O incurred Costs vs. Paid Costs 1s: kti"y�lr iq- ,.k..� . .h... rat . fii at nFµ v .69 N al Co 64 O!Z C:3 O o ^5< .-ilk —247— • 4 0 0 O 0 0 ��- O O 0 O. o O O O O 0 " O O o o O { IVI, 1 41, ' 0* j o TI O s T' � 1 s i1 — CD Ci O 6x N fir na ti ggrF `ti 4 c-E �s. �'. 64 � ' v � O O _ a O "4 3 - -;,N4 -- l tfk f 0. O . i N N N t FY10 incurred Costs vs. Paid Costs do cnn nnn _.._ 18 Paid Incurred $2,099,152 -249- -251- -253- 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/09/2010 AGENDA ITEM: A. ORDINANCE APPROPRIATING $114,802 FROM THE UNRESERVED FUND BALANCE IN THE NO. 5610 EMPLOYEE HEALTH BENEFITS - CITICARE FUND AND $30,978 FROM THE UNRESERVED FUND BALANCE IN THE NO, 5609 EMPLOYEE HEALTH BENEFITS - POLICE FUND FOR THE FIRST YEAR'S OPERATION OF AN EMPLOYER - SPONSORED WELLNESS CLINIC; CHANGING THE FY2010 -11 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE APPROPRIATIONS BY $145,780; AND DECLARING AN EMERGENCY. B. Motion approving a service agreement with H2U Wellness Centers, LLC d.b.a. First Onsite of Nashville, TN, for operation of an employer- sponsored wellness clinic, in accordance with Request for Proposal BI- 0185 -10, for a period of three years with options to extend for up to two additional one -year periods, subject to the approval of the provider and the City Manager or his designee, for a total three -year expenditure of approximately $874,678, of which approximately $145,780 is required for the remainder of FY 10 -11. This service will be used to provide primary care and wellness services to eligible active employees, retirees, surviving spouses and their eligible dependents. BACKGROUND: The City of Corpus Christi (City) solicited proposals for the management and operation of an employer - sponsored wellness (medical) clinic whose services will be available to City of Corpus Christi eligible employees, retirees, surviving spouses and their eligible dependents, representing approximately 6300 members. The wellness clinic will be located at City Hall, 6th Floor,1201 Leopard Street, Corpus Christi, TX with a tentative opening date of February 1, 2011. The clinic will be open Monday through Friday and consistent with normal business hours. The proposed wellness clinic's services are intended to cover full access to primary care including, but not limited to: episodic care, disease management, and wellness programs focused on health promotion and disease prevention. The concept of the clinic is to create a setting within a city facility in which primary care services are offered on a no -fee basis (no charge to employees nor dependents), with the goal of minimizing lost time from work, increasing productivity, promoting the City's wellness initiatives, creating a program to encourage use of primary care and preventive health care services, and providing a vehicle for early intervention by identification and management of member health conditions, thus improving the overall health of the members and managing long -term costs of the City's self- funded insurance plan. AWARD BASIS: Through a joint effort between the City and the consulting team from Crest Benefits Consulting, a reque25fbr proposal (RFP) was developed for an employer- sponsored wellness clinic. The RFP was advertised in the Corpus Christi Caller Times, posted on the Purchasing Division's webpage and issued directly to eleven vendors. Six proposals were received. One additional proposal was submitted by the City's Health Department after the deadline for submission of proposals and could not, therefore, be considered. However in a meeting between representatives of the Health Department and Human Resources, it was determined that the Health Department's interest was in providing total cholesterol -HDL, LDL testing, weight and BMI for the City. As a result the Health Department will be providing these services during the mobile health fair scheduled for November 1 through November 12, 2010 for eligible City employees. Proposals were evaluated across four major criteria: Thirty points for Technical Solution (description of service to be provided based upon City's criteria) ; twenty - five points for Proposer's Profile & Qualifications (length and experience providing on -site services, local presence); forty points for Fee Schedule (best value for services to be performed and includes costs for equipment and furnishings for the clinic); and five points for Exceptions (ability to meet City contract requirements.) An evaluation team comprised of members of the Employee insurance Advisory Committee representing the Solid Waste Department, Eleanor Sturtevant, Police Department, Alan Shelton, Fire Department, John Mora, and Pat Atkins, Joan McKaughan from the Human Resources Department staff, the Purchasing Division's Procurement Manager, Paul Pierce and consultant, Randy McGraw of Crest Benefits Consulting, reviewed the proposals and scored each according to the four major criteria indicated above. The consultant parrticipated in an advisory capacity and did not score the proposals. Through the evaluation process, the following top three scorers were identified: H2U Wellness Centers, LLC d.b.a. First Onsite (First Onsite), Concentra Health Services, Inc. and HealthSmart Primary Care Clinics, LP. Each of these top scorers provided the evaluation team with an in- person presentation and Best - and -Final Offer. Following these Best - and -Final Offer meetings, the evaluation team finalized scoring which is reflected in the Summary Evaluation Matrix attached herewith. The top - scorer, First Onsite's Option 1, is based on a staffing model consisting of one full - time Nurse Practitioner (in compliance with state - mandated Physician oversight) and one full -time Medical Assistant. Additionally, the space designated for the City's Wellness Clinic (the 6th floor City Hall Cafe) requires remodeling to a design conducive to a medical clinic. First Onsite has agreed to assume responsibility for such remodeling/construction, including funding thereof, up to a $150,000 maximum. According to independent estimates obtained by the City, said $150,000 maximum is expected to be sufficient to fund the required remodeling/construction. The success of the clinic will hinge upon various criteria, -including communications, accessibility, and acceptance by eligible participants. An analysis by Crest Benefits indicates utilization of the clinic could impact health plan costs. If members choose the clinic for primary care instead of utilizing the health plan, such that there is a 30% (316 visits per month) migration to the clinic, the City will experience a reduction in plan costs. In addition to the criteria outlined above, during the selection process and during the Best - and -Final Offer negotiations the review committee assessed all of the proposers' capabilities to provide scalable services that meet the immediate need of launching the clinic services, as well as future services based upon the utilization and outcomes generated by the clinic's operations. While many of the proposers • -lid con eats and as •roaches that could and will be implemented .. • • ar to meet the goals of the city, First Onsite provided the best combination of capabilities, experience, scalability, contractual terms and conditions, and flexibility in working with the City. RECOMMENDATION: First Onsite's Option 1 is not only the top - scorer, but is also the lowest cost option and represents the best overall value for the City. Therefore, the City recommends approving a service agreement with H2U Wellness Centers, LLC d.b.a. First Onsite of Nashville, TN, for operation of an employer - sponsored wellness clinic, in accordance with Request for Proposal BI- 0185 -10, for a period of three years with options to extend for up to two additional one -year periods, subject to the approval of the provider and the City Manager or his designee, for a total three -year expenditure of approximately $874,678, of which approximately $145,780 is required for the remainder of FY 10 -11. FUNDING: The funding distribution is based on the percentage of total members by plan. Since the Citicare Fire plan is projected to have a deficit fund balance at the end of year, their portion is allocated to Citicare. Employee Health Benefits Citicare Fund 530000 -5610 -40600 (6 months) Employee Health Benefits Police Fund 530000- 5609 -40603 (6 months) Total : $114,802 g, $30,978 $145,780 Cynthia Garcia Director of Human Resources cynthiag@cctexas.com 361- 826 -3878 j C 0 M 5 in a v » v t N m' 0 * Q a iC 0 0 r+- 0. p a ▪ v no 0 a. n ▪ n m v ^ ° m o n •0 m o, o ar a v m Cr In- eb EL o �, o c a c 3 0 c orRnloS inn.]tpa1 e1Ja11.0 uouenlen3 n 0 4 rn 3 en a- 3; 3 6) 0 C N m O 0. 3 � 3a N d 3 n A. m m 0i N o, oco:.+ o m m O 0 a H2U WELLNESS CENTERS, LLC (i3.B.A,) FIRST ONSITE Nashville, TN j 0 I df o m o a a C, 1 0, a a O- m lOption 2 $1,334,604.00 '2L 0'9 N N .4 O O W 1 ■ ln O g 0 6 i �7! V a co in 0 N N in cn A CONCENTRA HEALTH SERVICES, INC. Addison, TX '0 9 ,y1� o O O 8 O A to _ a Z'99 0'5 0 Qr 0, Cu O d HEALTHSMART PRIMARY CARE CLINICS, LP Irving, TX Yf 0 o po O O in m w - N Q a W co a-• V O N O •_ O MARATHON HEALTH, INC, Colchester, VT A , w in O 0 O O co O m cn W O W W a m _ W-4 Or a s in 0 o N w oo O N c f7r V O W W A b N co V a .i in O •0 O � W o d pG O N Cr v °° to W W A V CA A a .-a N co 41 m Or A HEALTHSTAT, INC. Charfotle, NC r SSJasodwd I- o o o —260 1 $4,200,750.p01 Cll0Nin m CARE ATC Tulsa, OK .q s ; m 4 rn 3 en a- 3; 3 6) 0 C N m O 0. 3 � 3a N d 3 n ORDINANCE APPROPRIATING $114,802 FROM THE UNRESERVED FUND BALANCE IN • - ! L - • - ` - - ' ' ► ■ L L B $30,978 FROM THE UNRESERVED FUND BALANCE IN THE NO. 5609 EMPLOYEE HEALTH BENEFITS - POLICE FUND FOR THE FIRST YEAR'S OPERATION OF AN EMPLOYER- SPONSORED WELLNESS CLINIC; CHANGING THE FY2010 -11 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 TO INCREASE APPROPRIATIONS BY $145,780; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $114,802 is appropriated from the Unreserved Fund Balance in the No. 5610 Employee Health Benefits - Citicare Fund and $30,978 is appropriated from the Unreserved Fund Balance in the No. 5609 Employee Health Benefits - Police Fund for the first year's operation of an employer - sponsored wellness clinic SECTION 2 That the FY 2010 -2011 operating budget adopted by Ordinance No. 028683 is changed to increase appropriations by $145,780. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2010. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Approved: October 27, 2010 Lisa Aguil Assistant City Attorney for City Attorney Joe Adame Mayor H:ILEG -DI R\Lisa12010 Ordinance\wellness clinic.doc —261— Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend. said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. - Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott SERVICE AGREEMENT No SA11 -006 THIS EMPLOYER - SPONSORED HEALTH WELLNESS CLINIC CONTRACT (this "Agreement ") is entered into by and between 112U Wellness Centers, LLC d.b.a. First Onsite (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City ") effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide EMPLOYER - SPONSORED WELLNESS CLINIC in response to Request for Proposal No. BI- 0185 -10, which is incorporated herein by reference; WHEREAS the City has determined Contractor to be the most advantageous Proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor will provide the EMPLOYER - SPONSORED WELLNESS CLINIC in accordance with Request for Proposal No. BI- 0185 -10, which is incorporated herein by reference. Contractor provides the following performance guarantees and, unless otherwise indicated, agrees to achieve each metric and that each metric will be measured on a monthly basis. The percentages listed in the columns styled "1St Year" and "2"d & Subsequent Years" below, constitute that portion of the 50% of the annual management fee set out in Section 3 of this Agreement that is at risk of forfeiture. Thus, by means of example: for each month in the second year in which the Contractor' s electronic medical records system is not fully functional 95% of the time, Contractor agrees to forfeit one - twelfth of the 8% of the 50% of the annual management fee at risk; thus, the amount forfeited in this example is $119.63 calculated as follows: ((($35,889 x 50 %) x 8%) x (1 /12)) = $119.63. Contactor shall deduct such amount(s) from the monthly invoice applicable to the last month of the contract quarter and from each monthly invoice thereafter until said amount is credited to the City by means of deduction from the invoices as described herein. Such forfeited amount(s) shall be disclosed to the City by the Contractor in the quarterly review meeting described in Section 1, F of this Agreement. If, at the end of the term of this Agreement, there are not sufficient invoices from which to deduct such amount(s), Contractor agrees to pay the City such amount(s), in the form of a check, that Contractor shall remit to the City no later than 30 days subsequent to the end of the term of this Agreement. 1st Year 2 °d & Subsequent Years A. Implementation 10% 0% 1. EMR: Contractor's electronic medical records system (EMR) shall be fully functional upon implementation of the clinic. 10% 0% 2. Implementation Date: —26 — B. Contractor shall have the clinic open for business, including being staffed with one nurse practitioner and one medical assistant, no later than January 31, 2011. Administration 4% 8% 1. EMR: Contiactvr's-�iect�o�uc ��,�ie�ulds system will be fully fsact�o�i ±1 95% of the time. 2% 4% .2. Reports: - Contractor shall provide the standard reports set by the fifteenth (15th) day of the month following the month to which the reports apply, as indicated below: - Monthly Stats Report - Productivity Summary - Top 5 Diagnosis - Top 5 Referrals - Top 5 Medications Appendix 11 reports will be received as follows: - Employee reports will be received no later than 7 working days after completion of the HRA and/or biometric screening - Employer aggregate report will be received no later than 10 working days after completion of the HRA and/or biometric screening Contractor shall provide any other reports necessary to properly evaluate performance metrics set forth herein. 2% 4% 3. Staff Retention: Contractor shall ensure no more than 100% turnover, per position, per contract year. 2% 4% 4. Client Satisfaction: a. The number of complaints submitted to the City's Human Resources Department shall not exceed ten (10 %) percent of visits per contract quarter. b. Contractor shall effectively address all complaints within 48 hours of such complaints. C. Clinic Operations 10% 10% 1. Methods of Outreach: a. Provide a marketing communication plan that includes a monthly newsletter. b. Participate in Employee Insurance Advisory Committee meetings and City Council meetings regarding insurance matters. 10% 10% 2. Wait Time: Commencing with the seventh month of this Agreement and continuing for the duration of this Agreement, 90% of all patient visits shall have a wait time of 15 minutes or less. 20% 20% 3. Return on Investment: In order for the City to achieve sufficient Return on Investment, commencing with the third month of this Agreement, the Contractor shall experience a minimum of 320 visits per month for the term of this Agreement and any extensions hereof. —264— D. 10% 15% 10% 15% 10% 10 % . Satisfaction 1. Service 2. Staff 3. Facility Contractor shall provide a client satisfaction survey in two forms: Y. . / . 1 ,1 " • " . 1 / . # " ' / 1 111 11 1 11 1 at the clinic prior to patients' departure, and - Via the Internet, including a means by which patient feedback may be provided anonymously. E. Contractor will provide a brief overview of the Wellness Clinic via power point and/or via a five - minute or less video presentation for presentation to the City's new hires during new hire orientation. F. Contractor will schedule and conduct quarterly review meetings (quarter is contract quarter, not calendar quarter) with the City which will include review of all facets of the Clinic' s operations, including, but not limited to the performance guarantees enumerated in A through D of this section and of this Agreement and the Contractor's provision of applicable reports. Quarterly review meetings shall be conducted by the Contractor on or before the 15th day of the month following the end of the quarter to which the quarterly review meeting applies. G. Contractor will participate in the City's health fair, review health information provided to Contractor by City and use same to create a comprehensive wellness strategy for the City and will conduct annual HRAs as requested by the City. H. During the term of this Agreement, any extension hereof and for a period of eighteen months subsequent to expiration or termination of this Agreement or any extension hereof, with patient's consent and within 30 days of City' s request, Contractor shall provide all patient files, in Electronic Medical Record format, to the City and/or directly to another entity of the City's choosing at no cost to the City or to other entity. 2. Title to Improvements. Title to all improvements permanently constructed, installed or attached to the approximately 1,004 square feet ( "Premises ") located on the sixth floor of City Hall, 1201 Leopard Street, Corpus Christi, Texas, passes to the City at the time of installation or construction. Title to all moveable trade fixtures and equipment and all expendable equipment furnished by Contractor at all times remains with Contractor; Contractor must remove its moveable equipment within a within sixty days after expiration, termination or cancellation of this Agreement. If not removed within sixty days, title to said equipment passes to the City. . 3. Fee for Services. The City agrees to pay the Contractor those fees mutually agreed to between both parties as follows or as amended during the term of the agreement: Option 1: Staffed with 1 Nurse Practitioner and 1 Medical Assistant. CLINIC IZEI E N ESA EXPENSES 0 fit0 . (i) y i ari As,4ista tot, (ONO* irs .1.'ractitian6r:.� ( )' Me. ico' Assistant YRl YR2 Total Clinic Revenue CLINIC EPENSES Annual Expense Growth Rate Assumption Salaries and Wages Supplies Misc Expenses Sub -Total Clinic Expenses Management Fee Total Clinic Expenses & Fees 3.0% $201,783 $25,688 $20,628 $248,099 $34,844 $282,943 3.0% $207,836 $26,263 $21,247 $255,346 $35,889 $291,235 3. 0% $214,071 $27,578 $21,884 $263,534 $36,966 $300,500 TOTAL EXPENSES LESS REVENUE $282,943 S291,235 $300,500 PASS THROUGH GH EIPENSFS Prescription Medication Expense Lab Expenses $86,618 $16,748 $91,000 $17,595 $95,605 $18,486 Total Pass Through (estimated) 5103 ,365 $10$,596 5114,091 The YR1 estimated monthly fixed fees for option 1 are $23,579. 4. Term. This Agreement is for three years, commencing on the date signed by the last signatory hereto. The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager or his designee ( "City Manager ".) 5. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Human Resources Benefits Manager. 6. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 7. Insurance. Before activities can begin under this Agreement, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages to the Contract Administrator. Additionally, the Certificate must state that the Contract Administrator will be given at least 30 days notice of cancellation, material change in the coverages, or intent not to renew any of the policies by certified mail. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. Insurance requirements are incorporated herein in Request for Proposal No. BI- 0185 -10 which is incorporated herein by reference, and may be revised annually by the City Manager upon 30 days written notice to Contractor. 8. Assignment. No assignment of this Agreement or any right or interest therein by Contractor is effective unless the City first gives its written consent to such assignment. The performance of this —266— Agreement by Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 9. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent A! . Is " i • • 1 " 1 • 1 . ' . 1 • 1 Y1, AI . • - - 1 11 . 11 • ,• AIM 11 - • • i • 1 • 11 — Council at the time of adoption of each budget. 10. Waiver. No waiver of any breach of any term or condition of this Agreement or Contractor's proposal in response to Request for Proposal No. BI- 0185 -10 waives any subsequent breach of the same. 11. Compliance with Laws. This Agreement is subject to all Federal laws and laws of the State of Texas. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and the venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Contractor must obtain prior written approval from the Contract Administrator. In using subcontractors, Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 13. Amendments. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. 14. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Request for Proposal No. BI- 0185 -10. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give Contractor 5 work -days written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, City may terminate this Agreement, with or without cause, upon 20 days written notice to Contractor. However, City may terminate this Agreement on 24 -hours written notice to Contractor for failure to pay or provide proof of payment of taxes as set out herein. 15. Taxes. Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. Contractor must provide proof of payment of these taxes within 30 days after City Manager's written request therefore. Failure to pay or provide proof of payment is grounds for the City Manager to immediately terminate this Agreement. * 16. Drug Policy. Contractor must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. The City has a zero - tolerance drug policy. * 17. Violence Policy. Contractor must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City' s policy. The City has a zero - tolerance violence policy. —2Es7— 18. Notice. Notice may be given by fax, hand delivery or certified mail, postage prepaid, and is deemed received on the day faxed or hand - delivered or on the third day after deposit, if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Fax No.: 361 - 844 -1730 IF TO CONTRACTOR: Contractor Name: H2U Wellness Centers, LLC d.b.a. First Onsite Contact Person: Brian Jones Address: 3322 West End Avenue, Suite 400 City, State, Zip: Nashville TN 37203 Fax No.: 866 -666 -6082 19. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new EMPLOYER - SPONSORED WELLNESS CLINIC contract upon the expiration of this Agreement, then Contractor must continue to provide services under this Agreement, at its current fee, on a month -to -month basis until a new contract is awarded by Council. This Agreement automatically expires on the effective date of a new contract; the Contract Administrator will provide written notice of the effective date of the new contract to Contractor. 20. Indemnification. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( INDEMNITEES) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. 21. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. --2 §8— SIGNED this day of CITY OF CORPUS CHRISTI Michael B arrera Assistant Director of Financial Services ,20 ignature _ Name: bt'i 73-one-9 Title: V1 r P V f es; I A'i s 1-Lt Date APPROVED THIS Pr DAY OF , 20 ( . CARLOS VALDEZ, CITY ATTORNEY By: Les4 0 1014 Incorporated by eference: Exhibit A: Request for Proposal No. BI- 0185 -10 Exhibit B: Proposer's Proposal Exhibit C: City Hall Wellness Clinic Construction Improvements Requirements , Assistant City Attorney -269- 7 Exhibit C City Hall Wellness Clinic Construction Improvements Requirements A. When constructing the City Hall Wellness Clinic Improvements, CONTRACTOR. First Onsite shall ensure that the plans and specifications shall be prepared by state - licensed architects or engineers. The plans and specifications are subject to approval of the City Director of Engineering and City Director of Human Resources. B. CONTRACTOR shall require the sub - contractors who are awarded contracts for construction of the City Hall Wellness Clinic Improvements to furnish the following bonds by surety companies authorized to do business in Texas: 1. Payment Bond - A payment bond in the amount of One Hundred Percent (100 %) of the contract shall be furnished for the protection of all persons, firms and corporations who may furnish materials or perform labor. The payment bond shall be made with CITY as an Obligee. This requirement does not apply if the amount of the construction contract is $25,000 or less. 2. Performance Bond - A performance bond in the amount of One Hundred Percent (100 %) of the Contract shall be furnished covering the faithful performance of the contract. The performance bond shall be made with CITY as an Obligee. This requirement does not apply if the amount of the construction contract is $100,000 or less. C. Contractor shall require the sub - contractors to obtain and purchase all required permits for the construction work. D. Except as otherwise specified herein, CONTRACTOR shall include in all of its sub - contractor construction agreements for the City Hall Wellness Clinic Improvements, the following provision: Contractor does hereby agree to waive all claims, release, indemnify, defend and hold harmless CITY and all of its officials, officers, agents and employees, in both their public and private capacities, from and against any and all liability, claims, losses, damages, suits, demands or causes of action including all expenses of litigation and/or settlement, court costs and attorney fees which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property occasioned by error, omission, or negligent act of contractor, its officers, agents, employees, subcontractors, invitees or any other person, arising out of or in connection with the performance of this agreement, and contractor shall at his or her own cost and expense defend and protect the City of Corpus Christi from any and all such claims and demands. E. Except as otherwise specified herein, CONTRACTOR shall also require the sub- contractors in all construction agreements for the City Hall Wellness Clinic Improvements to furnish insurance in such amounts as specified below and include in all construction agreements for the City Hall Wellness Clinic Improvements the following language: 1. Prior to commencement of any activity permitted on City of Corpus Christi's property, relating to the construction of the Ciy7l all Wellness Clinic, between the CONTRACTOR 8 and the City of Corpus Christi, or this contract, Contractor shall purchase and maintain during the term of this contract, at its own expense, hereinafter stipulated minimum insurance with companies duly authorized to do business in the State of Texas. Contractor shall not allow any subcontractor to commence work until all similar insurance of the subcontractor has been obtained. All insurance policies provided under this Agreement Workers' Compensation as required by law. Employer's Liability Insurance of not less than $500,000.00 for each accident, $500,000.00 disease for each employee, $500,000.00 disease as policy limit. Commercial General Liability Insurance, including Independent Contractor's Liability, Products /Completed Operations, Contractual Liability, and Broad Form Property Damage covering, but not limited to the indemnification provisions of this contract, fully insuring Contractor's liability for injury to or death of employees of the City of Corpus Christi and third parties, extended to include personal injury liability coverage, and for damage to property of third parties, with a combined bodily injury and property damage minimum limit of $1,000,000 per occurrence. Commercial Vehicle Liability Insurance (not applicable to Contractor; only applicable to subcontractors performing Wellness Clinic Construction Improvements), covering owned, hired and non -owned vehicles, with a combined single limit for bodily injury and property damage of $1,000,000 per occurrence. Builder's Risk (not applicable to Contractor; , onlypilicable to subcontractors performing Wellness Clinic Construction Improvements). The Contractor shall purchase a completed - value, all-risk builder's risk policy for the duration of the Wellness Clinic Construction Improvements portion of this project. 2. The insurance provided by the Contractor's contractor or subcontractor shall: a. Be written with the City of Corpus Christi and CONTRACTOR each as an additional insured on applicable policies and that the policy phrase "other insurance" shall not apply to the City of Corpus Christi where the City of Corpus Christi is an additional insured shown on the policy. b. Provide for ten (10) days written notice of cancellation to the City of Corpus Christi, for nonpayment of premium. Thirty (30) days written notice of cancellation (other than non - payment of premium), material change, termination or non - renewal shall also be required. c. Be written through insurance companies duly authorized to transact that class of insurance in the State of Texas. d. Waive subrogation rights for loss or damage so that insurers have no right to recovery or subrogation against the City of Corpus Christi, it being the intention that the required insurance policies shall protect all parties to the Agreement and be primary coverage for all losses covered by the policies. e. Provide a Certificate of Insurance evidencing the required coverages to: -271- 9 Director of Human Resources City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 -9277 And to: Risk Manager City of Corpus Christi Post Office Box 9277 Corpus Christi, Texas 78469 -9277 F. CONTRACTOR agrees that all work to be performed by it or its contractors, including all workmanship and materials, shall be of first -class quality and shall be performed in full compliance and in accordance with all federal, state and local laws, ordinances, codes and regulations, including, but not limited to the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines and such work shall be subject to CITY inspection during the performance thereof and after it is completed. G. CONTRACTOR shall discharge all obligations to its contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of CONTRACTOR as such obligations mature. CONTRACTOR expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the CITY's property or upon any City Hall Wellness Clinic Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the CI TY's property or City Hall Wellness Clinic Improvements thereon, and CONTRACTOR will discharge any such lien within thirty (30) days after notice of filing thereof. H. CONTRACTOR shall conduct its operations under this Agreement in an orderly and proper manner, considering the nature of such operation, so as not to unreasonably annoy, disturb, or endanger others. I. Before any work on City property begins, CONTRACTOR shall present the City Director of Human Resources with evidence of Contractor's insurance coverages, and City building and construction permits. J. The parties anticipate that the City Hall Wellness Clinic Improvements shall be completed on or before January 31, 2011. Cost of City Hall Wellness Clinic Improvements The complete cost of developing all necessary plans and specifications, as provided in this Agreement, and the cost of construction of the City Hall Wellness Clinic Improvements by CONTRACTOR shall be borne solely by CONTRACTOR and be at no expense to CITY whatsoever. —272- 10 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11 -09 -10 AGENDA ITEM: A. Resolution approving the amendments to the City of Corpus Christi, Texas, Business & Job Development Corporation Guidelines and Criteria for granting business incentives, adopted by the Board of Directors, Corpus Christi Business & Job Development Corporation, on October 18, 2010, which recognize non - standard employees B. Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 to incorporate the Corpus Christi Business & Job Development Corporation's amended guidelines and criteria for granting business incentives, which recognize non - standard employees ISSUE: To assist in the attraction of long -term investment and the establishment of new jobs in Corpus Christi to enhance the City's economic base. REQUIRED COUNCIL ACTION: Approval of the resolutions PREVIOUS COUNCIL ACTION: Council approved the Corpus Christi Business and Job Development Guidelines on September 18, 2007; Council approved the Economic Development Incentive Policies on November 17, 2009 CONCLUSION AND RECOMMENDATION: Staff recommends approval to amend the Type A Guidelines previously approved by the Type A Board which recognizes non- standard employees and the Economic Development Incentive Policies to incorporate the amended guidelines and criteria. ill a Emily Ma e �- CC Regional Econo evelopment Corp emartinez @ccredc.com 882 -7448 Attachments BACKGROUND INFORMATION On October 18, 2010, the Type A Board accepted the recommendation made by the CCREDC Board and approved a change to the Business & Job Development Corporation Guidelines to allow for business incentives to be given to those companies who hire and retain non - standard employees (i.e., contract labor). This change allows the City to consider companies who employ contract labor which has become a growing trend within the changing economic times. The changes to the guidelines will include a change to the definition of "Job ": "Job" means a full time employee or an individual hired as a contractor, consultant, or leased employee. The contractor or consultant must have a home address in the Corpus Christi Metropolitan Statistical Area. The Corpus Christi Regional Economic Development Corporation is in full support of this change and will ensure it is considered as a tool when discussing incentives with potential projects. The consideration of non - standard employees will include a 10% compensation increase when calculating incentives to ensure the incentives are applied equally when compared with those companies who employee full -time employees. In addition, the Economic Development Incentive Polices, approved by City Council on November 17, 2009, will be amended to include the change to the corporation guidelines. Page 1 of 2 RESOLUTION APPROVING THE AMENDMENTS TO THE CITY OF CORPUS CHRISTI, TEXAS, BUSINESS & JOB DEVELOPMENT CORPORATION GUIDELINES AND CRITERIA FOR GRANTING BUSINESS INCENTIVES, ADOPTED BY THE BOARD OF DIRECTORS, CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT CORPORATION, ON OCTOBER 18, 2010, WHICH RECOGNIZE NON - STANDARD EMPLOYEES WHEREAS, the Board of Directors, Corpus Christi Business & Job Development Corporation, on October 18, 2010, adopted amendment to the Corporation's Guidelines and Criteria for Granting Business Incentives, which recognizes non - standard employees (a copy of the amendment is attached to and incorporated into this resolution as Exhibit A); and WHEREAS, Section 501.073, Texas Local Government Code, requires the City Council to approve the programs of the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the amendments to City of Corpus Christi, Texas, Business & Job Development Corporation Guidelines and Criteria for Granting Business Incentives, adopted by the Corporation's Board of Directors, on October 18, 2010, which recognizes non - standard employees. A copy of the amendment is attached to and incorporated into this resolution as Exhibit A. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 3rd day of November, 2010. R. Jay First Assistant City Attorney For City Attorney Type A Guidelines — Non - Standard Employee Amendment Resolution — 11032010 —277— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Page2of2 - Type A Guidelines -- Non- Standard Employee Amendment Resolution — 11032010 —278— EXHIBIT A MOTION TO IN AMEND INCENTIVES RELAITIING GUIDELINES & EMPLOYEES GRANTING BUSINESS ADOPTED BY THE BOARD • F • ' • • AND JOB DEVELOPMENT CORPORATION ON OCTOBER 18, 2010 Motion to amend the City Of Corpus Christi, Texas Business & Job Development Corporation Guidelines & Criteria for Granting Business Incentives, which were approved by the Board of Directors of the Corpus Christi Business and Job Development Corporation on September 10, 2007, and by the Corpus Christi City Council on September 18, 2007, to recognize non - standard employees. The Guidelines and Criteria are amended as follows: 1. Section 1, Definitions is amended by adding a new subsection (n) to read as follows and renumbering existing subsections (n) — (y) as (o) — (z): "Section 1. Definitions. "(n) "OW * * * "Job" means a full time employee or an individual hired as a contractor, consultant, or leased employee. The contractor or consultant must have a home address in the Corpus Christi Metropolitan Statistical Area. "Modernization" means the replacement and upgrading of existing "facilities" which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the "facilities ". Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of "deferred maintenance ". "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an "expansion" or "modernization ". 119).(g) "Owner" means the owner of a "facility" or "program" subject to business incentives. If the "facility" is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the "agreement" but shall not be obligated to assure performance of the party receiving business incentive. A -1 Type A Guidelines — Non- Standard Employee Amendment Exhibit A -- 10292010 —279— "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. "Asi "OW "Primary Employer" means a business in which at least 70% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and whose goods and/or services are in one of the NAICS codes listed in Texas Revised Civil Statutes, Article 5190.6, Sec. 2 (17), as amended. "Project Agreement" means the agreement made by and between the "City" and the "Corporation" which assigns responsibilities for jointly carrying out each "agreement" to assure that funds are used for authorized purposes. City execution of the Project Agreement shall be in the form of an adopted Resolution by the City Council of the City. "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50 -mile radius of Nueces County. "Regional Telecommunications /Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50 -mile radius of Nueces County. "Research and Development Facility" means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. "(-w)Li) • "Retention" means to retain existing primary employers so that they continue-their-business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). "Small Business" means an employer that employs 49 or less full time (2,080 hours /year) permanent employees at the time of application. "Small Business Primary Employer" means a primary employer that employs 49 or less full time (2,080 hours /year) permanent A -2 Type A Guidelines -- Non - Standard Employee Amendment Exhibit A -- 10292010 -280- employees at the time of application and comply with the requirement(s) set forth under "Definitions" letter (r)." 2 Section 4 is amended by revising subsection (e) to read as follows and renumbering subsections (e) — (g) as subsections (d) -- (f): "Section 4. Primary Employer Business Incentives. * Wage Requirement. In order to count as a job under an Agreement, the job shall pay at least a "living wage". For purposes of this provision, living wage shall mean that annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. In determining if this requirement is met, the Board may also consider other compensation factors or employee benefits that enhance the employee's compensation package as a whole. Accordingly, the Corporation, through its Project Agreement with the City, may adjust the living wage target under these Guidelines and Criteria and insert a specific target in each Agreement to govern the incentive offered. With regard to job training, a job shall pay at least an amount as determined by the Act in order to count as a job under an Agreement. In determining an incentive based on new jobs, the following matrix matrices shall be considered. New Gross Payroll Incentive per New Job for Employees New Gross Payroll x$30,000 per new job $30,000 to $40,000 per new job $40,001 to $50,000 per new job x$50,000 per new job Incentive per New Job Up to $750 per new job for training $751 to $5,000 per new job $5,001 to $10,000 per new job $10,001+ per new job New Gross Payroll Incentive per New Job for Contractors and Consultants New Gross Payroll x$33,000 per new job 33 000 to ', 44 000 s er new ob 44 001 to 55 000 • er new 'ob 55 000 er new 'obi Incentive • er New Job U • to 750 •er new 'ob for trainin 7 1 t• 5 000 go _it-Yea • i 5 001 to 10 000 • er new 'ob 10 001+ s er new 'ob Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full -time (2,080 hours /year) permanent jobs within two (2) years of an effective date as set out in the Agreement. Annual validation of A -3 Type A Guidelines -- Non - Standard Employee Amendment Exhibit A — 10292010 —281— wage rates shall be provided as set forth in Section 10 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. Health Irisurarrce. To qualfy for incentives, a prirnaiy employer shall certi that it has offered a health insurance program for its employees during the term of the Agreement. A-4 Type A Guidelines — Non - Standard Employee Amendment Exhibit A -- 10282010 —283— Page 1 of 2 RESOLUTION AMENDING THE CITY OF CORPUS CHRISTI ECONOMIC DEVELOPMENT INCENTIVE POLICIES 2009 — 2011 TO INCORPORATE THE CORPUS CHRISTI BUSINESS & JOB DEVELOPMENT Cut* ORATION AMENJ LD—GUIDI LINES AND CRITERIA FOR GRANTING BUSINESS INCENTIVES, WHICH RECOGNIZE NON - STANDARD EMPLOYEES WHEREAS, on November 17, 2009, the City Council by Resolution 028424, adopted the City of Corpus Christi Economic Development Incentive Policies 2009 -- 2011, which incorporated the Corpus Christi Business & Job Development Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, the Board of Directors, Corpus Christi Business & Job Development Corporation, on October 18, 2010, adopted amendment to the Corporation's Guidelines and Criteria for Granting Business Incentives, which recognizes non - standard employees (a copy of the amendment is attached to and incorporated into this resolution as Exhibit A); and WHEREAS, the City's Incentive Policies need to updated to reflect the amendment to the Corporation's Guidelines and Criteria; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The description of the Local Incentive for the Business & Job Development Corporation (Type A) in the City of Corpus Christi Economic Development Incentive Policies 2009 - 2011 is revised . A copy of the revised incentive policy is attached to and incorporated into this resolution as Exhibit A. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 3rd day of November, 2010. R. Ja ejr7ng First ssistant City Attorney For City Attorney Incentive Policies — Non- Standard Employee Amendment Resolution -- 11032010 -284- Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Page 2 of 2 Incentive Policies — Non - Standard Employee Amendment Resolution — 11032010 —285— EXHIBIT A BUSINESS & JOB Policy Description: Described in Chapter 504 of the Texas Local Government Code, www.statutes.legis. state .tx.usIDocsILGlpdfILG.504.pdf, the Corpus Christi Business & Job Development Corporation (CCBJDC) gives local communities the ability to adopt optional local sales and use tax as a means of improving the economic health and prosperity of their citizens. On November 5, 2002, residents of the City of Corpus Christi overwhelmingly passed Proposition 2: New and Expanded Business Enterprises, which authorize the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent (118th cent) to be imposed for 15 years. The City Council reserves the right to waive or modify this policy Eligibility Criteria: 0 Under Proposition 2 and as required by Ordinance 024952, funds approved for the promotion and development of new and expanded business enterprises can only be used for the following projects and not others: (1) Education /Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to insure the knowledge and skills required for the jobs of the future are in place. (2) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. (3) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside of the community) in Corpus Christi. Funds will be available to both existing and new companies. 0 Business Incentives Authorized (1) Incentives authorized for Large Employers: A. Land, facilities, equipment & infrastructure grants; B. Loan participation /guarantees; A -1 Incentive Policies — Non - Standard Employee Amendment Exhibit A — 11012010 —286— New Gross Payroll Incentive per New Job for Contractors and Consultants Incentive •er New Job 0 Definition of Job: "Job'means emplovee� The contractor actor or consultant hmustas a contractor, consultant, or leased have a home address in the Corpus Christi Metropolitan Statistical Area. How to Apply: Applicants seeking incentives must file an application for Economic Incentives before the request can be considered. Please contact the City of Corpus Christi's Economic Development Office at (361) 826-385G 826 -3312 to request the application or visit www. cctexas.com /economicdevelopment to download the application. The City shall not grant any incentive unless the business submits a full and complete application and provides additional information as may be requested. The accuracy of the information in the application is the sole responsibility of the applicant. Upon request, the applicant shall provide supporting documentation. Any misstatement of or error in fact may render an application null and void and may be cause for repeal of any ordinance adopted in reliance of said information. If it is determined that the application meets these guidelines, a full and financial programmatic review will be conducted. and will ensure conformance done by these guidelines. An outside agency or consultant a An application fee of $100 — Small Businesses and $1,000 — Large (Primary) Businesses will be submitted at the n the form f the oratmoney order economic made is submitted. The fee must be paid payable to the City of Corpus Christi, Texas. Additional Resources: Development Services www. cctexas.comldevelopmentservices Corpus Christi Regional Economic Development Corporation www.ccredc.com A -3 Incentive Policies -- Non - Standard Employee Amendment Exhibit A -- 1/012010 —287— 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11 -09 -10 AGENDA ITEM: Resolution approving a business incentive agreement for creation and retention of jobs between the Corpus Christi Business and Job Development Corporation and TDL Plastics, L.L.C. ( "TDL "), which provides a grant of up to fifty thousand dollars ($50,000.00), for the relocation and expansion of TDL's Plastics facility within the City of Corpus Christi, in which TDL will invest at least $270,000 in building improvements, furniture, fixtures, and equipment and will retain at least eight current full -time jobs and create and maintain at least five new full -time jobs with an average annual salary of at least $70,000 over a five year period and authorizing the City Manager, or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the TDL Plastics, L.L.C., business incentive agreement ISSUE: To assist in the attraction of long -term investment and the establishment of new jobs in Corpus Christi to enhance the City's economic base. REQUIRED COUNCIL ACTION: Approval of a business incentive agreement between the Corpus Christi Business and Job Development Corporation and TDL Plastics PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to TDL Plastics for the creation of at least 5 new full -time positions and the retention of at least 8 positions at an average annual salary of $70,000, and a capital investment of approximately $270,000. Attachments —291— Emily Mari<ir ez CC Regional Economic D opment Corp emartinez @ccredc.com 882 -7448 BACKGROUND INFORMATION TDL Plastics formed in 2001, is a plastic wholesale company that sells engineering grade plastics predominantly focusing on smaller injector molders, extruders and blow molders that the larger plastics distributors do not typically work with. In addition to the standard business of supplying off the shelf materials to customers, TDL Plastics has branched out into material development of specific resin formulations for individual applications. Currently, TDL Plastics have several of these specifically formulated materials specked into applications in healthcare, military, consumer and industrial electronic application, printing, construction, and other industries. TDL has grown from just one position in 2002, and sales of $59,000, to having 10 full time people and average monthly sales of over $650,000. The cause of this growth has been an expanding marketing plan including online and trade publication related advertising. TDL Plastics sends out a State of the Market news letter to a growing list (currently about 2500 email addresses) of customers and potential customers. This news letter acts as a source of very important purchasing information for the customer, as well as an advertisement and chance for TDL to run special deals to attract more business. TDL Plastics began looking for expansion opportunities when the sale of the building they were leasing occurred. The company researched opportunities in other cities before making the decision to keep their growing company located in Corpus Christi through the assistance of the Corpus Christi Business and Job Development Corporation. TDL Plastics typically employs contract labor with an average annual salary of $70,000 per year. On October 18, 2010, the Type A Board considered and approved a change to the Business and Job Development Corporation Guidelines to allow for business incentives to be given to those companies who hire and retain non- standard employees (i.e. contract labor). In addition, the Board approved a business incentive agreement for TDL Plastics in the amount of $50,000, payable in five annual payments of $10,000. TDL Plastics will receive a grant for each new job created and retained, including any additional new jobs over the minimum number required as outlined below: • The grant will be $3,125 for each job if the average annual salary is $70,000. • No grant will be awarded if the number of retained jobs is Tess than 80% of the target number of 10 • No grant will be awarded if the number of new jobs is less than 80% of the target number of 6 • If the number of new jobs is less than the target number but greater than 80% of the target number, a proportioned amount of the grant will be awarded based on $3,125 times the proportion of the target number. • Grants, not to exceed a cumulative total of $50,000, are available on a per job created basis. If TDL Plastics does not create at least 80% of the targeted number of new jobs or maintain at least 80% of the targeted number of retained jobs for any given year, as defined in the following chart below, no grant will be awarded to TDL Plastics for that calendar year. Year Number of Targeted New Jobs 1 0 2 2 3 1 4 2 5 1 TDL Plastics shall annually report their actual investments within the City of Corpus Christi, and provide documentation to support the report to the Corpus Christi Regional Economic Development Corporation. Page 1 of 3 RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT FOR CREATION AND RETENTION OF JOBS BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TDL PLASTICS, L.L.C. ( "TDL "), WHICH PROVIDES A GRANT OF UP TO FIFTY THOUSAND DOLLARS ($50,000.00), FOR THE RELOCATION AND EXPANSION OF TDL "S PLASTICS FACILITY WITHIN THE CITY OF CORPUS CHRISTI, IN WHICH TDL WILL INVEST AT LEAST $270,000 IN BUILDING IMPROVEMENTS, FURNITURE, FIXTURES, AND EQUIPMENT AND WILL RETAIN AT LEAST EIGHT CURRENT FULL-TIME JOBS AND CREATE AND MAINTAIN AT LEAST FIVE NEW FULL -TIME JOBS WITH AN AVERAGE ANNUAL SALARY OF AT LEAST $70,000 OVER A FIVE YEAR PERIOD AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE TDL PLASTICS, L.L.C., BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "Type A Corporation ") has budgeted funds to assist business in Corpus Christi, Texas. WHEREAS, the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City of Corpus Christi, and determined that the proposal from TDL, for the relocation and expansion of its plastics facility within the City of Corpus Christi, in which TDL will invest at least $270,000 in building improvements, furniture, fixtures, and equipment and will retain at least eight current full -time jobs and create and maintain at least five new full -time jobs with an average annual salary of at least $70,000 over a five year period, will best satisfy this goal; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive agreement for the creation and retention of jobs between the Corporation and TDL; and WHEREAS, there is a need for a business incentive project support agreement between the City of Corpus Christi ( "City ") and the Type A Corporation for the implementation and administration of the business incentive agreement for the creation and retention of jobs between the Type A Corporation and TDL. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement for the creation and retention of jobs between the Type A Corporation and TDL that provides for the relocation and expansion of TDL's plastics facility within the City of Corpus Christi, which is attached to this resolution as Exhibit A, is approved. TDL Plastics RESOLUTION -- 11032010 —294— Page 2 of 3 SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and Type A Corporation for the implementation and administration of the business incentive agreement with TDL, which is attached to this resolution as Exhibit B. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 3'd day of November, 2010. R. J9,y'R ing First Assistant City Attorney For City Attorney TDL Plastics RESOLUTION -- 11032010 —295— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott TDL Plastics RESOLUTION -- 11032010 —296— Page 3 of 3 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND TDL PLASTICS, INC. FOR THE CREATION AND RETENTION OF JOBS This Business Incentive Agreement for the Creation and Retention of Jobs ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and TDL Plastics, L.L.C. ( "TDL "), a Texas for profit limited liability company. WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act. of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives, which the City Council incorporated into the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 on November 17, 2009; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, TDL will remain in Corpus Christi and re- locate and expand their plastics business, increasing their total jobs from 10 to 16; WHEREAS, TDL proposes to invest at least $270 thousand over a two year period in the purchase and construction of a new 5,000 square feet facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to TDL, through this contract with TDL, to be used by TDL to re- locate their plastics business which will Page 1 of 9 TDL Business Incentive Agreement 10192010 result in the retention of 10 jobs and the creation of up to 6 new full -time permanent jobs in the City of Corpus Christi, with an estimated annual average salary of $70,000. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and TDL agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for five years beginning on December 1, 2010. 3. Performance Requirements and Grants are listed in Exhibit A. 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 501.162, Texas Local Government Code, formerly Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is a full time employee, an individual hired as a contractor, consultant, or leased employee. The contractor or consultant must have a home address in the Corpus Christi Metropolitan Statistical Area. c. TDL agrees to confirm and document to the Corporation that the minimum number of jobs created as a result of funding provided by this Agreement is maintained throughout the term by the Business. d. TDL agrees to provide Corporation with a sworn certificate by authorized representative of each business assisted under this Agreement certifying the number of full -time permanent employees employed by the business. e. TDL shall ensure that the Corporation is allowed reasonable access to personnel records of the businesses assisted under this Agreement. 5. Buy Local Provision. a. TDL agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 -mile radius of Nueces County. TDL Business Incentive Agreement 10192010 Page 2 of 9 —298— 6. Warranties. TDL warrants and represents to Corporation the following: a. TDL is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. TDL has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. TDL has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. TDL has received a copy of the Texas Development Corporation Act, Subtitle C1, Title 12, Texas Local Government Code, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The parties executing this Agreement on behalf of TDL are duly authorized to execute this Agreement on behalf of TDL. 7. Compliance with Laws. TDL shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non- Discrimination. TDL covenants and agrees that TDL will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or TDL are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or TDL are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 10. Assignment. TDL may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. TIM Business Incentive Agreement 10192010 Page 3 of 9 —299 -- 11. Indemnity. TDL covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (r`lndemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with TDL activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. TDL must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of TDL to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement, other than the requirement to create a minimum number of new jobs or maintain a minimum number of jobs in any specific year. However, the minimum number of new jobs must be created and maintained by the end of the contract term. b. The Corporation or City determines that any representation or warranty on behalf of TDL contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against TDL or any attachment or other levy against the property of TDL with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. d. TDL makes an assignment for the benefit of creditors. e. TDL files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by TDL become delinquent, and TDL fails to timely and properly follow the legal procedures for protest or contest. g. TDL changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. Page 4 of 9 TDL Business Incentive Agreement 10192010 —300— 13. Notice of Default. Should the Corporation or City determine that TDL is in default according to the terms of this Agreement, the Corporation or City shall notify TDL in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for TDL to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of TDL, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. TDL shall immediately repay all funds paid by Corporation under this Agreement. b. TDL shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to TDL under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of TDL's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time TDL is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 16. TDL specifically agrees that Corporation shall only be liable to TDL for the actual amount of the money grants to be conveyed to TDL , and shall not be liable to TDL for TOL Business Incentive Agreement 10192010 Page 5 of 9 -301- any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement. Corporation shall use its best further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from TDL to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: TDL: TDL Plastics, LLC 10201 South Padre Island Drive Corpus Christi, TX 78418 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. TDL Business Incentive Agreement 10192010 Page 6 of 9 —302— 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ( "Corporation Guidelines "), as amended, are incorporated into this Agreement. • • • i may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and TDL will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this. Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and TDL. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. TDL Business Incentive Agreement 10192010 Page 7 of 9 -303- 25. Survival of terms of agreement and obligations of parties. The terms of this agreement and the obligation of the parties relating to Section 14.a and b shall survive the termination of this agreement. By: Date: Attest: By: Eloy Salazar Chairperson Armando Chapa Assistant Secretary TDL Business Incentive Agreement 10192010 Page 8 of 9 —304— TDL PLASTICS, LLC. By: Date: Jason y • es Member 1602 0 THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Oft/ OIcQ , 2010, by Jason Cody Bates, Member, for TDL Plastics, L.L.C., a Texas for profit limited liability company, on behalf of the company. otary Public State of Texas TDL Business Incentive Agreement 10192010 Page 9 of 9 -305- Notary Pub Ir , S a e of /smog My Commission Expires FeoruOr 01, 2012 EXHIBIT A PERFORMANCE MEASURES AND CORPORATION GRANTS 1. TDL shall re- locate and expand their plastics business in Corpus Christi. They will retain 10 jobs and create 6 new jobs in five years. The grant will be used for building construction and equipment for the new facility. 2. TDL shall invest $270 thousand in building improvements, furniture, fixtures and equipment. 3. TDL shall retain at least 10 current full -time jobs within the City, with an average annual salary of at least $70,000, during the term of this agreement. 4. TDL shall create and maintain at least 6 new, full -time jobs within the City, with an average annual salary of at least $70,000, during the term of this agreement. 5. The Corporation will award a grant for each new job created and retained, including any additional new jobs over the minimum number of required by subsection c of this section. a. The grant will be $3,125 for each job if the average annual salary is $70,000. b. No grant will be awarded if the number of retained jobs is less than 80% of the target number. c. No grant will be awarded if the number of new jobs is less than 80% of the target number. d. If the number of new jobs is less than the target number but greater than 80% of the target number, an proportioned amount of the grant will be awarded. Based on $3,125 times the proportion of the target number. d. Grants, not to exceed a cumulative total of $50,000, are available on a per job created basis. 6. If TDL does not create at least 80% of the targeted number of new jobs or maintain at least 80% of the targeted number of retained jobs for any given year, as defined in the following chart below, the Corporation will not award any grant to TDL for that calendar year. Tot. Business Incentive Agreement 10192010 A -1 —306— Year Number of Targeted New Jobs 1 0 2 2 3 1 4 2 5 1 7. TDL shall annually report their actual investments within the City of Corpus Christi, and provide documentation to support the report to the Corpus Christi Regional Economic Development Corporation. TDL Business Incentive Agreement 10192010 A -2 —307— BUSINESS INCENTIVE PROJECT SERVICE AGPEEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and the City of Corpus Christi, Texas ( "City"). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vemon's Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed ?.proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one- eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board's), gn September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 501.073, Texas Local Government Code (formerly Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes), requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, TDL Plastics, L.L.C. ( "TDL "), has submitted a proposal to the Corporation for $50,000 for relocation and expansion of TDL's plastics facility; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund TDL's relocation and expansion of its plastics facility; and WHEREAS, the Corporation and TDL have executed a business incentive project agreement for the creation and retention of jobs related to TDL's relocation and expansion of its plastics facility. In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: TDL Plastics Project Support Agreement 4A -City 11032010 Page 1 of 3 —3 fit B 1. Project Service Agreement to implement Business Incentives Agreement.. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement for the Creation and Retention of Jobs between the Corporation and TDL related to TDL's relocation and expansion of its 11 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Project Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or TDL Plastics Project Support Agreement 4A -City 11032010 Page 2 of 3 -309- unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. S. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar City Manager President Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: November 3, 2010. R. J, Fining First Assistant City Attorney for City Attorney Page 3 of 3 TDL Plastics Project Support Agreement 4A -City 11032010 —310— 21 AGENDA MEMORANDUM City Council Action Date: November 9, 2010 SUBJECT: Corban Townhomes Looping Water Main Improvements (Project No. E10032) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Bridges Specialties, Inc. of Sandia, Texas in the amount of $1 58,776.88 for Corban Townhomes Looping Water Main Improvements for the Base Bid. (Water CIP) ISSUE: The Corpus Christi Housing Authority is planning a low- income townhome project on a previously undeveloped tract of land and the redevelopment of the existing facilities adjacent to the property in future years. This property required surveying and platting. Platting requirements created the need to provide a public water distribution main along the Port Avenue frontage that will comply with current Water Department Standards. This project will provide for the construction of an 8 -inch water line that will serve the Corban Townhomes development. FUNDING: Funding is available from the Water Capital improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Gustavo Gonzalez, P.E. Director of Water -' ° rvices 361 -826 -1874 gustavogo @cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E'r Exhibit "F" Support Material: Background Information Prior Actions Bid Tabulation Project Budget Location Map Consultant Recommendation Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 petean @cctexas.com H:'HOMEYKcllyO \GEN\WATER \Water System1E10032. Corlian Townhomes Looping Water Main Irr9rovernents1Coostructionl2 AGENDA MEMO.doc -313- AGENDA BACKGROUND INFORMATION (Project No. E10032) PROJECT DESCRIPTION: The project consists of approximately 1,700 feet of 8 -inch water line work including 1,150 feet of direct bury C900 PVC water line and 550 feet of directional (guided) boring using restrained joint C900 PVC pipe. The project also includes utility adjustment, excavation and backfilling, dewatering, concrete sidewalk, pavement repair, traffic control and miscellaneous items of work required to complete the project. CONTRACT TERMS: The project is estimated to require 60 calendar days, with completion anticipated in January 2011. BID INFORMATION: On September 8, 2010, the City received proposals from five (5) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $158,776.88 to $256,207.00 for the Base Bid. The estimated cost of construction is $156,148.00 for the Base Bid. RECOMMENDATION: The City's consultant, Urban Engineering and City staff recommend a contract be awarded to Bridges Specialties, Inc. in the amount of $158,776.88 for Corban Townhomes Looping Water Main Improvements for the Base Bid (see Exhibit "F" Consultant Recommendation). Bridges Specialties, Inc. has successfully completed several City projects including: 1. Water Lab Pre - engineered Storage Building -2004 (Project No. 8501) 2. Van Galan Ditch Phase 1 -- Concrete Lined Channel Rehabilitation (Project No. 2211) PROJECT BACKGROUND: The Corpus Christi Housing Authority is planning a low-income townhome project on a previously undeveloped tract of land and the redevelopment of the existing facilities adjacent to the property in future years. As part of this process the property required surveying and platting .in order the receive City services. Although the existing townhome project dates back several years, the property was never platted. Platting requirements created the need to provide a public water distribution main along the Port Avenue frontage to comply with current Water Department Standards despite the fact that the existing development was already served by City water. This requirement was not anticipated by the Housing Authority. In addition, the requirement that the water line be constructed and plat recorded prior to development of the new townhomes placed another unforeseen burden on the project due to the need to acquire time limited grants. The City's water distribution system has over 2,000 dead end water lines. In many instances, these dead end lines contribute to reduce water quality issues. Water line looping projects are identified and prioritized and will implement specific CIP improvement projects in a phased design and construction approach to determine dead end lines with the most severe water aging problem and then install additional pipe to reduce the dead ends and improve water quality to residents. EXHIBIT "A" Page 1 of 1 H:1HOME1Ke1IyO \GE J\ WATER\WaterSystem5E10032- Corban Townhomos Looping Water t 11ry1ProvementelConssrustion53 AGENDA BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: Corban Townhomes Looping Water Main Improvements (Project No. E10032) PRIOR COUNCIL ACTION: 1. December 1512009- Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. April 8, 2010 -- Administrative approval of a Small Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $17,500 for Corban Townhomes Looping Water Main Improvements. H:tiHOMEXellyO \GEN\WATER1Water Syetcm1E10032- Corban Townhomes Looping Water Mein Impmvements\Construction 4 PRIOR AC IONS.doe -315- EXHIBIT "B" Page 1 of 1 CC V CL ❑ • U �° 0.� zv O I _z ¢ w I- z 5 z • ILL IL en 08 zc we i- Me) 00 0 L!J 0 C6 Ca aT a a CO a m Fa— C o O O r CO r U Cj C S 7Q �� b d_ H Z = 0 a 000QpC COOOOC CD0I)0C co01P-0)CC CO. 696 CDrOC\ 0 $1,230.00 $1,200.00 $16,000.00 Ss ono on )00O I00o INO6 1�0� I COCO.Of I Or-Cr) X69• o 0 Op co Id $10,000.001 O 0 CODCO ,r � Oo C) 0 r O C7 r � $164,936.00 ._ - c _ $1,200.0 $3,200.0 $ 1.400.0 O 00o o)oco o 63 O un r` 6i C3" 69 $5,000.0 co o c 0 o O r 64 o co o 69 $1,200.0dl O 0 r 63 • $1,500.00 $19,250.00 $10,104.00 0 O O CO 6• $1,914.00 $2.842.00 O co 00 ' 63 O O 00 O ti, o 0 uu 63 0 0 ti 69. $0.501 $581.50 $164,166.50 $1,500.00 $3,850.00 $2,526.00: $90.00 $957.00 $7.00 0 0 0 0 0 u] U, 0 O 0 O dg 0 CO 69 $3,740.00 $4,402.00 $21,420.00 $2,816.00 $54,382.38 $1,469.00 $3,248.00 0 c 0 o O I di $10,000.00 0 o O o to 0 id N 64 00�— $1.00 $1,163.00 $158,776.88 $29.00 $1,046.00 $654.00 $791.00 $678.00 $4,402.00 $4,284.00 $704.00 $80.21 $734.50 $8.00 0 0 0 uS 0 0 O $0.20 JL¢W IWU) Cl) Cl) .CO CO _l 'TOTAL BASE BID (Items A-1 through A-16) r in et 678 2 406 r s- 7500 I r M co 8" Ductile iron Pipe Deflection Fire Hydrant Assembly Tie to Existing Water Line Direction (Guided) Boring Including Pipe Reconnect Existing Water Services Replace Concrete Sidewalk Traffic Control Allowance (MANDATORY ALLOWANCE) Unanticipated Utility Allowance (MANDATORY ALLOWANCE) Seeding and Fertilizing E n. a Cl) Trench Safety � ��)� a a a 0 0 r a r r as N r' < C7 r a ' IC) r r ¢¢¢ CO r —316— a_ a) L co 2 L co.0 N a3 '0 L 4�1 0 C r or z• 3 Co • E •C co co ▪ L co • 0 c E 0 C) Ci TABULATION OF BIDS 1 ,_aJr>> en el 0 0 0 n n O f 0 0' RCM Constructors, Inc. P.O. Box 9337 Corpus Christi, TX 78469 AMOUNT o o CD C') ER $34,248.01 _o_o a000 coui0o W 0N)0) 6N9 CO 4 ua') 6N4 1 $35,500.01 0000 ocooci 000i-C3°)' N ER (0 ER EA 10'00015$ o a 0 o E!3 •0 1 $15,000.0 $3,500.00 0 co CO NE#3 0 c 0 N CO 117 N w UNIT PRICE 0 0 000 co CO 0 al- $975.001 x 0000 C 0 11.) EateEA 0 0 C 0 0 ER $2,555.001 1 $27.00 $5,000.00 I$10,000.00, 0 � 0 0 10 41 0 0 ER J.J. Fox Construction, Inc. P.O. Box 1179 Portland, TX 78374 AMOUNT 00'009'914 00'09.917$ 000 000 7t in_ � $2,150.001 $18,750.001 $12,000.00 00 a-0 NO °0 ENR 1 $3,248.00 $5,000.00 °O 0 0 O 00 E-- ER O O O 7-tt o N cq of J$184,484.00 UNIT PRICE $40.00 $1,300.00 $400.001 0 000 °000 to EA 0 LO kR 0 UU) r ER $3,750.00 $3,000.00 0 000 CCO00ft ER. 0 0 69 0 !00000'9$ 0 0 0 0 ° 69 0 Iqoo °4+?°O 0 Eli 0 ER L BASE BID (Items A -1 through A -16) CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS Project No. E10032 JWIJElf a QQ WJW W-JWU) -J -J VJJ� } 0 1163 12 rcacorLO CO CO N0 Y I 7500 r CO co 'I- DESCRIPTION 8" PVC C -900 • 8" Gate Valve and 8" x 6" Reducer [8" Ductile Iron Tee 18" x 45° Ductile Iron Bend 8" Ductile Iron Pipe Deflection Fire Hydrant Assembly _ Tie to Existing Water Line Direction (Guided) Boring Including Pipe Reconnect Existing Water Services Replace Concrete Sidewalk Traffic Control Allowance (MANDATORY ALLOWANCE) Unanticipated Utility Allowance (MANDATORY ALLOWANCE) __ Seeding and Fertilizing ISWPPP Items Trench Safety _ __ a ink N07 lr Q QQQaQQQQQaa a r a ,_ r ,_ ¢aa -317- PROJECT BUDGET CORBAN TOWNHOMES LOOPING WATER MAIN IMPPOVFMFNTS Project No. E10032 November 9, 2010 FUNDS AVAILABLE: Water CIP $400,000.00 FUNDS REQUIRED: Construction (Bridges Specialties, Inc.) $158,776.88 Contingencies 15,877.69 Consultant Fees: Consultant,Urban Engineering $17,500.00 Estimated Testing. $3,175.54 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $3,572.48 Engineering Services (Project Mgt/Constr MgtlTraffic Mgt) .. 5,557.19 Construction Inspection 5,557.19 Finance Issuance 1,984.71 Misc. (Printing, Advertising, etc.) 793.88 TOTAL $212,795.56 FUNDS REMAINING $187,204.44 * * Remaining funds will be used for other looping water line projects completed in -house using Water Department labor to economize on cost. -318- EXHIBIT "D" Page 1 of 1 Mproject\ councilexhibits\exhE10032dwg LOCATION MAP NOT TO SCALE PROJECT #E10032 CORBAN TOWNHOMES LOOPING WATER MAIN IMPROVEMENTS 319 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/12/2010 Job No. 42105.80.00 September 14, 2010 Mr. Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 Subject: Corban Townhomes Loping Water Main Improvements City Project No. El 0032 Dear Pete: TRANSMITTED VIA EMAIL AND ORIGINAL MAILED Urban Engineering has received a copy of and reviewed all of the five (5) bids submitted for the subject project. All bids were checked for errors and minor mathematical errors were found in one (1) of them, the low bidder, Bridges Specialties, Inc. Bridges Specialties, Inc. had an error of only one dollar on Base Bid Item Number 7 and an extension error on Base Bid Item number 15. We have contacted the Contractor and they will stand by and accept the correct extension amount of Bid Item Number 7 and 15. We have also received and reviewed the information required by Sections A -28, A -29 and A -30 of the Contract Document Special Provisions to be submitted with the bid. We have investigated and found the bid package and experience record of Bridges Specialties, Inc., the apparent low bidder, to be satisfactory. Attached please find a Bid Tabulation and a copy of the information required by Sections A -28, A -29 and A -30. It is the recommendation of Urban Engineering that the subject project be awarded to Bridges Specialties, inc. for the Total Base Bid amount of One Hundred Fifty -Eight Thousand Seven Hundred Seventy -Six and 881100 Dollars ($158,776.88). Sincerely, URBAN ENGINEERING Murray F. Hudson, P.E. MFH /sk Enclosure (361 5 4l ldges Specialties, Inc. 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 Job file www.urbaneng.com TBEI 211340145 FAX (361)854 -6001 EXHIBIT "F" Pagel of 1 22 AGENDA MEMORANDUM City Council Action Date: November 9, 2010 SUBJECT: Corpus Christi (North) Beach Entry Development and Sidewalks Project Nos. 3394 & 3395 CIP No. PR 24 & PR 25 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Blue Bay Construction, LLC, of Houston, Texas, in the amount of $321,239.30 for Corpus Christi (North) Beach Entry Development and Sidewalks for Base Bid A, Base Bid A- Alternates No. 3 and No. 4, and Base Bid B and Base Bid B- Alternates No. 1 and No. 2. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Park & Recreation projects. This construction project combines two design projects: Corpus Christi (North) Beach Entry Development (Project No. 3394) and Corpus Christi (North) Beach Sidewalks (Project No. 3395). The entry development project consists of constructing a landscaped entrance to North Beach in the grassy area at Timon and Beach Avenue to welcome people to the area. The entrance will have drought - tolerant landscaping, limited parking, signage, beach use rules and historical facts. The sidewalks project consists of constructing an 8 -foot wide concrete sidewalk with minor curb and gutter replacement, shade structures and landscaping (including planting trees and shrubs of various species). These improvements will provide safe walking areas for visitors and residents. FUNDING: Funding is available from the Parks and Recreation Capital Improvement Budget FY 2010 and remaining Bond Issue 2008 Storm Water proceeds. RECOMMENDATION: Staff recommends approval of the motion as presented. Midhael Morris Director of Parks and Recreation 361/826-3464 michaelmo @cctexas.com 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" Consultant's Letter of Recommendation Exhibit "F" Location Map H \HOMESKellyOIGENSPARKS AND REC13394 8 3395- Corpus Christi (North) 9eIlltry Development 8 Beach Sidewaiks\Construction -3394 & 33951Agenda Memo.doc AGENDA BACKGROUND INFORMATION SUBJECT: Corpus Christi (North) Beach Entry Development and Sidewalks Project Nos. 3394 & 3395 CIP No. PR 24 & PR 25 PROJECT DESCRIPTION: This is a tourist area improvements project which consists of construction of approximately 12,600 SF of new 8' wide concrete sidewalk, 1,790 LF of concrete curb and gutter, 135 LF of concrete retaining wall, driveway replacement, ADA ramps, asphalt pavement repairs and curb and gutter replacement, minor area drainage improvements, new arch entrance, replacement of traffic signs, directional signage, landscaping and irrigation including planting palm trees and shrubs of various species in accordance with the plans, specifications and contract documents. This construction project combines two projects that were both designed by Wright Architects. The two projects are Corpus Christi (North) Beach Entry Development (Project No. 3394) and Corpus Christi (North) Beach Sidewalks (Project No. 3395). The project was bid as follows: ➢ Base Bid A: Intersection and sidewalk improvements between Breakwater Ave. and Coastal Ave. on Surfside Blvd. consisting of approximately 7,950 SF of 8' wide sidewalks with 1,032 LF of new curb and gutter, approximately 1,540 SF of concrete driveway, 210 SF of ADA pedestrian ramps, 51 LF of sidewalk drainage trough, 1,172 LF of pedestrian pavement markings, and landscaping with irrigation. ➢ Additive Alternate 1 of Base Bid A: Intersection improvement at Shoreline Blvd. and Coastal Ave. consisting of approximately 585 SF of 8' wide sidewalks with new curb and gutter, ADA pedestrian ramps, 196 LF of pedestrian pavement markings, 2 new storm water manholes and landscaping with irrigation. ➢ Additive Alternate 2 of Base Bid A: Intersection and sidewalk improvements at the Northwest corner of intersection of Coastal Ave. and Surfside Blvd. consisting of approximately 1,880 SF of 8' wide sidewalks with new curb and gutter, approximately 240 SF of concrete driveway, 16 SF of ADA pedestrian ramps, 135 LF new concrete retaining wall, 120 LF of pedestrian pavement markings, and landscaping with irrigation. ➢ Additive Alternate 3 of Base Bid A: Intersection and sidewalk improvements at the Southwest corner of intersection of Breakwater Ave. and Surfside Blvd. consisting of approximately 1,440 SF of 8' wide sidewalks with new curb and gutter, approximately 306 SF of concrete driveway, 32 SF of ADA pedestrian ramps, 51 LF of sidewalk drainage trough, 180 LF of pedestrian pavement markings, and landscaping with irrigation. ➢ Additive Alternate 4 of Base Bid A: Intersection and sidewalk improvements at the H:IHOME\Rachalle \GENPParks & Recrealion13394 -CC Beach Entry ❑evelopmenttConstruction (3394 & 3395)Wganda Background.doc —324— EXHIBIT "A" Page 1 of 3 southeast corner of intersection of Breakwater Ave. and Surfside Blvd. consisting of approximately 920 SF of 8' wide sidewalks with new curb and gutter, 32 SF of ADA pedestrian ramps, 51 LF of sidewalk drainage trough, 180 LF of pedestrian pavement markings, and landscaping with irrigation. ➢ Base Bid B: Entry Development Improvements on Timon and Surfside Blvds. median at Burleson /Breakers Ave. consisting of an entry archway structure spanning over Burleson /Breaker Ave., directional signage and landscaping with irrigation. ➢ Additive Alternate 1 of Base Bid B: Letters and images of the Entry Archway structure shall be constructed of a synthetic material mounted to the wood truss archway as specified. ➢ Additive Alternate 2 of Base Bid B: 362 SF of signs for directional signage constructed of a synthetic material, all mounted to wood posts as specified. Logo image shall be integral with sign background. ➢ Additive Alternate 3 of Base Bid B: 362 SF of signs for directional signage constructed with synthetic logo material mounted to wood routed out sign, all mounted on wood posts as specified. METHOD OF AWARD: The bids were evaluated based on the following order of priority, subject to the availability of funds: 1. Base Bid A + Base Bid B, or 2. Base Bid A + Base Bid B + any or all of the individual Additive Alternate Bid items The City intends to award the lowest combination of Total Base Bid A and Total Base Bid B to one contractor. Alternatives will be evaluated subject to available funding. BID INFORMATION: On September 22, 2010, the City received proposals from three bidders (see Exhibit "C" Bid Tabulation). The bids for the combined project ranged from $262,724.29 to $467,504.59. The estimated cost of construction is $154,416.30 for Corpus Christi (North) Beach Entry Development for the Base Bid and $177,226.50 for Corpus Christi (North) Beach Sidewalks for the Base Bid. BID RECOMMENDATION: The consultant, Wright Architects, has reviewed the information submitted by the low bidder, Blue Bay Construction, LLC (see Exhibit "E" Consultant's Letter of Recommendation). Wright Architects has verified the experience references provided by the contractor, which indicated that the contractor has the ability to perform the work required to complete the project in a satisfactory manner. City staff and the consultant are recommending that the contract be awarded to Blue Bay Construction, LLC In the amount of $321,239.30 for the following items: EXHIBIT "A" Page 2 of 3 H:IHOMESRachelielGEMParks & Racreation13394 -CC Beach Entry Development Construction {3394 & 3395)4Agende Background.doc —325— > Base Bid A: Intersection and sidewalk improvements between Breakwater Ave. and Coastal Ave. on Surfside Blvd. > Additive Alternate 3 of Base Bid A: Intersection and sidewalk improvements at the southwest corner of intersection of-Breakwater Ave. and Surfside Blvd. > Additive Alternate 4 of Base Bid A: Intersection and sidewalk improvements at the southeast corner of intersection of Breakwater Ave. and Surfside Blvd. > Base Bid B: Entry Development Improvements on Timon and Surfside Blvds. median at Burleson /Breakers Ave. > Additive Alternate 1 of Base Bid B: Letters and images for the Entry Archway. > Additive Alternate 2 of Base Bid B: Directional signage for the Entry Archway. *Note: Additive Alternates 1 and 2 of Base Bid A and Additive Alternate 3 of Base Bid B are not being recommended for award due to budget constraints. CONTRACT TERMS: The project is estimated to require 330 calendar days, with completion anticipated in October 2011. 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:tROMEtRachelle4GEN4parks & Recreation43394 -CC Beach Entry Develcpment4Constructian (3394 & 3395)tAgenda Background,doc —326— EXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Corpus Christi (North) Beach Entry Development and Sidewalks Project Nos. 3394 & 3395 CIP No. PR 24 & PR 25 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 4. October 1, 2009 — Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with John R. Wright, Architect, in the amount of $20,832 for the Corpus Christi (North) Beach Entry Development (BOND ISSUE 2008). 5. October 6, 2009 -- Administrative approval of a Small NE Agreement for Architect/Engineer Consultant Services with John R. Wright, Architect, in the amount of $37,087 for the Corpus Christi (North) Beach Sidewalks (BOND ISSUE 2008). 6. May 28. 2010 - Administrative approval of an Agreement for Geotechnical Engineering Testing Services with Arias & Associates Inc. in the amount of $3,900 for the Corpus Christi (North) Beach Entry Development (BOND ISSUE 2008). 7. August 4, 2010 - Administrative approval of Amendment No. 1 to the Small NE Agreement for Architect/Engineer Consultant Services with John R. Wright, Architect, in the amount of $5,230 for a total restated fee of $26,062 for the Corpus Christi (North) Beach Entry Development (BOND ISSUE 2008). H:IHOMBSRachellelGEN1Parks & Recreatton13394 -CC Beach Entry Developne.RR4 o2t7CRBn (3394 & 3395)1Prtor Project Actions- Bond.doc oo O m m 0 � T E N fA W g m F EL ris w - C 5 .c Z L1 E Di 7 a 0 I- 2 0 en n rP VY 0 0 Ln n eft 0 0 0 er a L m N U) k-I a a 0 0 eN 0 m a a 0. a Gil O to N 0 0 ro 0 N U) 0 n UY 8 0 in 0 0 N in 8 0 L°D O1' i/ CD N 0 cfi ti 0 0 0 0 N' 0 0 n 0 0 o$ N v 0 N S co 8 U1 8 8 8 U) to in °o u°, a N N N irk ih in 0 CO ti in 88 ell O t° U} in 8 a Ui 8 n 'i U} 8° 0 een rl Ui Vi S a us V1. S O on to 0 1 M ark 0 0 irk 0 Q, a N T 8 a 0 a a a s-I CM to a a C) °a °a N O a O in n 8 n O e°n O on un a a O Sri 8 a m O Ln a tn- iR Vi Vi to Vi Sn V} in V1 Ui- U} VF tn. U1• in U)- U1 ilk U1. VS in irk ih ih Corpus Christi, Texas 78427 4 w v O a a F_ 2 4 0 w 1- 2 01 0 0) 0) w Ln Ui 00 .-f 0 N Ui tD N 0 N Vi- et W N O CD 01 rn a in in U) n N CO CO in. co ri to N in 01 m N n UI- D1 O tD iR N to CO n tO N C) rn Ili VI. to u� a N ei VF n D1 in r"... 1.0 LU) .i 1.11 ri vF to O 0 to O N O m v V► in in. N m N in n u, N pp � � LN Ut In to n r'1 in N on V1. m oi r m N rn N N in to N co co irk eo N t+m'1 en t-1 ih un oft od ci LO cri co cn Cre to N vt- rn st N v>• tai to 0 00 n N n in i cis t-f V} 00 N LD U1 m 0 n n m a a tri VI. a 07 ih w to N N to a LD n to H in a in n a mca too U)- if. ano0 a ° m O H in in in nw to H irk m m N a H 0 VA V1 n °a rP in N N v in N 0 N i/1- in N m a to N vs N. VI- on OD u, a to In- w CO a W g Z W H 10 0a z Ce 0 al 2 w 2 0 0 ih 8 in O 06 Ln i� 0 LD in tri V>• 8 to 0 0 W ti th a Ln m vE 8 6i M in. 0 0 m ih m ih ui to 0 m O N in N VL a'a 0 to ° Ln en tD t-1' st ih N CD ttl N 88 a Lb 0 N v ui 84 N to U! in 0 to to trl- Ln tp a VF a in 0 irk 0 N m N ih O rnO n N to 0 8 a ri °o a ti ih 8 c n Ut O a 0 n th a a ooa as in 8 a N Lti 8 O N ui th 0 a S N in a 8 N Vi a N' 0 tt� th 0 a 1!, s-i co Vi O a irk 8 N in a a irk a N U} a a CD n V► e81 00 'Ct in 0 a to 0 0 VF O a T ei co a O •-I I,) a a U: T VF O O a o eo rl 0 0 N co 0 go a to m in V~ 8 °0, N col VL V! 8 N N in 0 °o O Laf, et in Ui VI- O a ti 0 Ln m Q N a a a o a N a ri a s ul 41 H CO eN a m tri in VF in V? VF U} in U1• 888 r4 ui Cen rr4 U1 VIS, irk a m In 0 Ln n� n VF — U) U a to fp 7- 8" Crushed Limestone in t o. an U U) 8 ui m ` a a OD m 0 m la E Q1 C S 0 0 U CU E t c LL LL M In o a CD Lt N r7 2 C E tli a J N a U, ti Um U g m C a i-i 0 0 u m W J h m 0 a LA a, UtL U 0. a 0 m J N M a H m CL ru 6. Cl) 6 U, H a .0 CO `0 si H C C m J 5 z to Q CO ui u5 Q Cr 8 O H 8 Ui CD O LS CD r4 CD CDD °o, q m CD in to °0 8 ih 0 0 S, in 8 a N if} 0 a U) N to 0 0 o t N H' in il) Q N ui un uo in VF 0 In In CDD DO �i in irk OLan Nni s_I to 0 o °o ao 01 en N rn -i irk VIrk a OC r1 m N N m ri ill. in V1 8 8 0 8 a U} a N V} 8 O N V4 0 00 3 ark a N en In 0 in- 8 ark 8 tn- 0 co oo ce 8 an- 8 0 In fa a, C 0 m C N H V _ N � CO F m t7 to CO N x ,u x tO n s LLLn U .i L m od c6 a a 0 E I- 0 C 0 th xm Ll.l U U Ca ra 10 ro m Ca Rain Sensor N u n Ln ri Q N m a W ti w J N Q Q lJ7 C-I N U 0 U Y ri N op o. aa tus o. EXHIBIT "C" Page 1 of 9 eliminary Cost Estimate 19 N. Upper Broadway pus Christi, Texas 78427 F z 4? I o6 `. N $8oS ni V1 i0 ri V> N to - .-. VF $ 612.00,1 81 M flU ' 4/ ;III u1 V1. m VF $ 3,570.00 II a� ri VF a1 VF y I : V* 4rY 0 O m 0 a 0 b N co 0. O ra-I O O 0 an 0 O ri ' I s -'i _ 0 +n si 0 >n 1n 0 1n CO 0 a tl' 0' a c V I V1 4/i ih VF V4 Vi .� V} Vl V>• V7• V1 � I Leoncitos, Inc. P. O. Box 270898 Corpus Christi, Texas 78427 TOTAL PRICE cca 0 Ii N VF 4 N N CO 0 b1 a . V. pp 0 (0 m CO '. D N e-' 111 $ 275.4°11 O 0 4 r' V, I S.. 'V' 10 m . V) 4 w. a7 b V1 R N a In an Io'1 al in N VF 0m 1 to m VF 11 in - ffi41 UNIT PRICE = r. r '.kin• 01 CD N N 0o CO N irt. m in a1 4 ih o N N v1• m CO N In ,•i ..y` -," O 117 vi o O `__, 0 Cy. _l 41, t F i I 1, - t c :i a0 Cq N .0 7 W 00 in n O1 N ri CO O 8 n -0 a-I t6 ,•i N in a{ y �-, l a fl -.ir. r- -, Ai': qr. -.. Hamman Excavating, Inc. 1814 Holly Road Corpus Christi, TX 78417 TOTAL PRICE ' x ^8138. N d ca ih �tO to) N V1 O o s-I N V1 8008 4 N V1 a ul ' tn. 117 O CO h 1) uS N iA in itE `'. e- o ei Ir1 .4 V1 I $ 35,775.00 88q' Ib N h V1 1D m O V1 r t m V} I ID: if '•• g. . UNIT PRICE I �,. tom. 0 a1 ri .-{ ih 0 1n m CO 0 o O in 0. irF an al a1 CO a o o O 0 CO $ 115.00 $ 2,500.00 yf -.- n_ E, 0 am l CO r 0 In et V1 O tt u•I V. O a r.1 m CO 0 ui N VI• 7 x l � 4 Blue Bay Construction, LLC 2400 Augusta Drive, Ste. 453 Houston, TX 77057 TOTAL PRICE s', ..,l.I 0 I N N011 m 117 r i I VF 0 O N to in 0 O O p [o In V1 a O N r-I m in. o 4 8 to N V1• O b G G d p or N o Co nl -1 � VF -• = S� : O 0 r.i Iv N VI $ 25,837.50 I o b o G O u1 Vt 0 a 0 a 2 N' VI. a O.,11�1 o o 2 4 VF m. .;: l r� - UNIT PRICE , ?1:I }. z 4 m ,4i CO. 8 b1 VI.- $ _ 280.00] ill to CO p O O /r1 TV CO 0 8 O N V' m c-r V1 V. � -' O N V. 117 N CO VE 0 V. 0 CO CO 8 CO CO "e k i'E ij II I . DESCRIPTION 6" Concrete Curb and Gutter Remove Concrete Curb and Gutter __I Sidewalk Grated Drains 6' Wide Valley Gutter Gutter (Storm Water Pollution Prevention Plan Drainage Trough Remove and Replace Grate Inlet I 1 ei III �I i A. I (Remove Concrete Sidewalk II d u 0 V 0o E E !Reflective Payment Marking Type I - 24" Wide o 1>i C L 2 •c • C i Di0 re co it 0 c 0 z o P. 5 z Ce • Ul < Ui Z z 1LJ 0 I- z 11J Lu 0. 0 EXHIBIT "C" Pa e 3 of 9 CO CO tli H l�l , L W Z O g LLI 0 reliminary Cost Estimate f'19 N. Upper Broadway rpus Christi, Texas 78427 _ .`- _ -: . f M N in S n 4 e-1 v.? in O ig in cD c. in nO n .4.; in q to in el m ih O N in O p O in O p N in O Q 1h O b 0 E-1, in S C O N ifF $ 112.50 0 $ 16.20 $ 90.00 $ 480.00 II N 0 N 'ih CO R n 411: O O LD in O }4 O S ID m ih I u1 C O `. in F D i.0 r UI . � ';. :. 0 .1 ti 10 ei in O p M o in O p M in I $ 200.00 1I O N in , i}l I in . . - 0000000000 [f1 tV 11'1 O O m O N N fl1 0 M 0 1� 0 0 000il0 0 O O O 11i CO Cf O O _ ago 11'1 Ni O O LD 00 m ,-, a : _ 00000 ui I-I t11 Ill co 0 0 �!' 1 r - - $ e pp CO u 1D in II pp CO n W /1} pp iD it M ih $ 345.84 IIT—I in 1 4n in- OF OF in VF in in in ill. in in 4h in in in _' k :... On t1} in in in 1.' N n u7 m in pp lD n O N Vl pp O I YI N if} V ED CO ih Or ffl Cr n ifl OT n a-1 Vl 2,881.58 II 111 N O in l i!F cfa O5 N •-1 in N t• O1 CO ID N m M in ih a0 O N N W in a W O N in N in m W C N N rl in W Y) C to .rt I's�! T f I'1/f'€ ? } : f j ,'.i O O to llpp R d' ID v1 Ni m t0 in tl� R'1 li) `: _i': -'_ - 1".! '= -- - - C n .-1 O r1 M in O N cYi a N ..6 el in O CO m M En 4$- $ 353.00 $ 345.76 .W fa 1 n SO:, i'E�i ; FS 1 : Leoncitos, Inc. P. O. Box 270898 Corpus Christi, Texas 78427 TOTAL PRICE CO m N to tl' C m to- O1 N ri in C C N N ih ;R =4f- M m N 4} CO CO N 41} 1 s 0 N n Ill. C N n 411 N m V' in N CO N II} I ill- CO CO N in it LO 00 to N 01 ei ill V LO co in $ 720.39 O1 n ih CO In CO CO CO N in a-1 d; in n in in V CO in N n n CO O m r1 ih in 00 a lD ih V O in N C M in 1n 00 In V tn. E i - �k t _ UNIT PRICE $ 3,580.00I o f O1 N CO in ui Q T'{ a 4. '� -'.4�: _-5� .rr I °, M N .-1 fri iR O O CD a CO in o il e-1 N tn. o D N a N N ED N rI vi. '.3p.. id a �:f -= ' -_'- Q1. eepD RR in C ;It m et ri iH O pp O iD N N o ID NR 41} o [Y m N r1' i -to 000 O N ED S p[� O CCOO .-I ill G iD Ol to O In N L-i if} 220.00 I g C] O) CO -i in o p O 0 N in S p O 0 N 4.4 I,i, n Ol ih lD N ai n m O1 in in 1G, 1f1 lD cr in 0 4 E-I r1' in 0 m ei 01 in 0 p C .-i ti in Hammen Excavating, Inc. 1814 Holly Road Corpus Christi, TX 78417 TOTAL PRICE • -'.j - r �; : po 05 N In 0 >n V Ul 0 ' N to. 0 R In N n m -i th i1F i+z .lH w, N n V in o to Ni .-1 in 0 111 N m in Ill '.f N th 0 in O1 to 0 N M vl 0 if! n tn. 0 m 0 in o O in .Ni in 0 O 0 N ri. in 0 O O al CO Vpl $ 2,000.00 D i ifpp} S In tD in $ 1.10 $ 97.20 $ 4.85 0 M W in 0 C 1� N in- 0' C to > S: `. . 0 O1 N N in 0 In m in = $ 282.00 I{ $ 752.00 O Et W N to C N 4l C N V in $ 388.00 II G rl th t0D M in O W N in O CO in S 0 N in S SO N in Oo h .-I in O CO in g O N a~ in in Q CO in 4 ID 4n N 1.6 ly in $ 800.00 4 - •c'' 1 aI il 1p Y3t. 4,1, R7 0 6 CCO N iR 0 L6 CO v- in 0 sf i On YV y- -'�' ,','p '"' - -; ( O e�-1 N in O O. ID 4/l O in 8 S S d' N-1 in 4A i( L5 E Blue Bay Construction, LLC 2400 Augusta Drive, Ste. 453 Houston, TX 77057 TOTAL PRICE O Ni in N1 m in $ Ni N in p pp CO co in in . t -,= r ss :1 � I Ir; in M d ei ll E in 0 0 CO in O c fry in O W in O to m iA w sr N 'E/} p N m th q Ni ih c ID ih m 0 i!i o 0 m N if} O 0 CO irk o G O IOn N in O O r iR LI) mV i/F O o lD 111 Ul $ 0.75 $ 75.00 g. O 4/ in C In u1 in I $ _ 22.83 p O O CO 1n " `- l UNIT • PRICE 6" Concrete Curb & Gutter [Remove Concrete Curb & Gutter m ,i map ,"' IA '� I a Scarify & Re- compact 8" Sub -Grade 8' Crushed Limestone Remove Existing Asphalt Prime Coat Remove and Replace Concrete Retaining Wall (Remove Concrete Driveway Concrete Driveway Reflective Pavement Marking, Type I, 4" Relocate Street, Traffic Signs with new Pipe Sleeves n E.- v N Traffic Control II [Allowance for Unanticipated Repairs and Adjust. [Florida Sabal Palm 10" Trunk Feet Planting Mix for Plantings Landscape Fabric _ Mixed Gravel Top Dressing for Planters _ 15/8" 1 GAH Subsurface Drip 12' Sch 40 PVC Pipe Sleeves for Irrigation 12" PVC Sch. 40 Irrigation Bored Sleeves 12 Month Landscape & Irrigation Maintenance O 7I'`' I, ii •� r1i N • Remove Concrete Sidewalk 4" Min., 8" Wide Concrete Sidewalk [Reflective Pavement Marking, Type I, 24" Wide (Reflective Pavement Marking, Type I,10' Wide ADA Pedestrain Ramp ip j� 1 CORPUS CHRISTI BEACH ENTRY DEVELOPMENT AND SIDEWALKS DESCRIPTION 200 LF J 88 J J [µn ICJ) N Ingli=1:1 W V1 }} U {1yy J 1 11yy J ©I a N: `gin' n CpO: p W 0 10n . i w' ri 0 Ai i L. . et' 01 - •. N .4 In M ■Ti g ei ? N N .-1 rl O a .-1 ei 'In ,i M r1 LD a m c4 m ramp. uuuuu• :~ N u 3t lJ 8 U n u m U tl1 U ON V HNi U U 74 74 U V t:1 u 9 U N U U • H�. +� .i v 4 W i- EXHIBIT "C" Page 4 of 9 5 c -0 .c 0 0 el 0 m 2 0 0 0 5 t 2 Page 5 of rliminary Cost Estimate 19 N. Upper Broadway us Christi, Texas 78427 ®1, $ 25250 $ 1,26250 , $ 777.00 8 .4 ...). S 8 ...i .4 DO CI tn. .1 uu usv 00.00z't 00'081 ,000000.0000 8 r. ni $ tn. Q ni tn. 0 N tn. LA DO tn. .,,,. Q .0.. 0 4-1 irk OD N tn. N 4:1' tn. o V- ,..n. LIX . ci ID ., os n. tm um .r.a CD m us us 01 oo III cis N rc tn- 0 et 0 to ;:oon000 .., ., ._.. gii 1:11 9 rn ni rmi 8gRpoguirrict a•-i. 000kn00000- s-re.4 cr. o o g 00000 '9 co ri Lr.1 cr 9 in N DO 9! 0' N 0 .-I an 01 6 0 OD , - , ...,-=- I-9. 0, ir! : WI q - I tn. cm in. tn. In tn. in. us im tn. In um im. in. tn. !; .:---.' im. 0 1 *4 tei et -W. in. 0 rl .,-.1 m rn ac l$ 1,037.60 lit, . cm us a N -us tn. N n LO us ,., L.L'i ;V: ri Leoncitos, Inc. P. O. Box 270898 Corpus Christi, Texas 78427 ;I GI ni .. LSI r.c $ 1,918.82 $ 345.84 $ 3,493.44 $ 2.203.20 0 9 en co Cri m eel .21 0 cri n 0 ci- er 4 Imusim.tri. co r.. 0 a et .-1. ne co ri .-1 cm e-i. us Lo co cm ui ni m .1 ‘L-1 ts in co iri m m in. m i-i cO INI tn- oo Lo .i IN N .4 tn. 0 oq 0 ini CO tn. us co ni en .4* . L .4 ,-, : ..1:. N °T. •, LI 10 ,..,,:. u2 in •-i tmus tr 0 fj: TOTAL I UNIT PRICE PRICE t, Ilm IN , (4 tn- 2r IN rm q.n. $ 1.95 $ 2,161.18 $ 720.39 m r'l 4" m I': VI- m .4r. i0 en IA- $ 136.87 $ 0.72 n e0 m tn. r... Cn vi. na ui m -v1. 4, cCi in . tn. : =, '.- ,..- cn rr: no tn• W 21' nn in. M ir! 0 4 in t0 'at.'-'.: WI -t",I; cn W: gi •,. "' .. ,,? rri 'a l8B7 $1 W ui ?a ni T-I '8 r■ tEl ,-i " ----;''':'i .,.., I'L't ..-., 2.1".",'% ''' ' ..7.1..-.. .--, :::;:.i': ,..?,..! 47--4. f".■:', ,,i5.... $ 479.75 $ 1,272.60 $ 2,405.00 $ 65.40 _$ 3,881.60 $ 2,295.00 0000QQQ0000.0 0000000013300014.0 N I,- .ul. in N rn to o CO m co. 6 0) co ..-1" in. 6 o o 4 in c:3 en o 4 in. 6 er; , V-1 m tn. I" 6 4-1 m til. 0 ‘--1 nu tn. oci. s-1 m tel. N ei to ill, ci 0 L-1 ,..1 ' tel. . :.p- .c.i ri $ 3,580.00 II P1 Lei 4 ID tol. 8 8 8 6 LA 6 Lrl 0 0 0 co in 4 IR I-4 V/ ta til. 8 6 ill ni I" . ._, $ 449.50 0 C! 6' VI- $ 432.00 $ 3,250.00 ..c.o,,,1?..f -'' --- • WI er 0 ni i-t 0 Ina° ni in m Cr; r■ gs000 C:i IA n. 6 oo o m 4 o 0 4 • vItmtn-vIt""1----."f' $ 515.00 000Q00 6 k-i mi .--i ci m .-1 r..... N: rc us I00'OOT'T $ 1 .1000000; N m m 999- o Ln o Ln mi o 0 ■-I Ln 4 rj. v o ''..-7 en ,.! .:` c: N. iii- 0 Q 0 c^ ix? `1,1' iri ni ‘r ui r4 m 41,-,44.4i11-0. 0 'II N ,-I .":14.■ ''t Blue Bay Construction, LLC 2400 Augusta Drive, Ste. 453 Houston, TX 77057 TOTAL PRICE $ 303.00 $ 808.00 $ 2,442.00 $ 29.40 o q L0 ri .4- fi 4.4- o q lta m co ,--1. 44- o P.: 0) r4 I" o 0 0 ul oz. ,--I. 4" o 0 c=i mr ,-.4 I" o 0 C/ o Lf, r.f 4.4 o Qu d o 0 r-i. 44 0 IQ 0 N 03 -UT o o QD el if; (4) os T.( 44. 411- in ul- ns -4" t.6 4,4 oi 4.4. g tri.. ,-, 0 n. co ri $ 1,384.0011 0 0 I, Lfl m n1 to co 44.. o g 0 r4 s'•-■ 4." 310.00 $ 4,680.00 $ 960.00 $ 800.00 44- _ , 8881488 eri -DT co 44- rn ni rn .01- in LN in Lo in g3.9888 o in- o ul CO ‘-i- in. a or rs1 tn ci 0 111 r•-i in. d 0 0 .4 in. $ 435.00 8P.8 us 0 CO in- tn Li.; DO in $ 5.40 I g • to. in. in. . ' -..;-- , in in 8 0 • 0! 8 A in in. 0 0 ,J , c3 '..7 r • ., in. ,... SO Q ,;- z r..1 ni 71 'Xi °6 ,;1:'.-.1111 tri•r:' ...A-r• CORPUS CHRISTI BEACH 'RY DEVELOPMENT AND SIDEWALKS DESCRIPTION AtYe�na�;ititi $c Civt�t0�3�ve?�r ±n�€ .k. ":, � _ � ,. ,• � ..�. °. Scarify & Re- compact 8" Sub -Grade 8' Crushed Limestone Remove Existing Asphalt Prime Coat Remove Concrete Driveway Concrete Driveway Reflective Pavement Marking, Type I, 4" Relocate Street, Traffic Signs w Pipe Sleeves 2 1/2" Galvanized Pipe Sleeves for Parking Meters Traffic Control Allow for Unanticipated Repairs and Adjustments Florida Sabal Palm 10' Mix for Planters Landscape Fabric 4" Mixed Gravel Top Dressing 5/8" 1 GPH Subsurface Drip '2" Bored PVC Sch. 40 Irrigation Sleeve with Line 2" PVC Sch. 40 Irrigation Sleeve with Line 12 Month Landscape & Irrigation Maintenance srd'ewaiksx:It rn r l[tmproY tnents 'Alternate ±N ss 9' Draif Agee ` s! 6" Concrete Curb & Gutter Remove Concrete Curb & Gutter Sidewalk Grate Drains Drainage Trough Remove & Replace Grate Inlet Storm Water Polution Plan 4.1 21iks'- E 1004 I4O 401.01agd Remove Concrete Sidewalk _ 4"in. 8' Wide Concrete Sidewalk Reflective Pavement Marking, Type I, 24" Reflective Pavement Marking, Type I, 10" ADA Pedestrian Ramp ri Ii9: 4'1 kl. ._= f 1 ,614 . - ; 1 'Ft. .4.- ,It. M ••••• '?;1. Ili 1 ' ez III 1 s-i 0 1111 8 rn E 1 8. , •IS , ill 0 rn .1- rn if) m ,..‘ ,..0. 40-1 .. 4:I. 1 10 .:Li iz,e. 'R. ,,..ic I ,-, I:1 PI '''' .r4 T ',X *,...: Er 14 `8 '-' m 2 1 ta 1 - 8 _ ' 0 8 r8 h:,c, 0..- -171 16 I . n ; I m 4 CI < 00 < < a 51F9 -TO1 IV I al m co o 0 o c, co 0 ,..; ' AA, a -: EXHIBIT "C'' Page 5 of 00 0 to ID 0 re C.) re U)0 M u- 0 u. 0 , I= 0 M mlii 0 z LU U- 0 1- z LU a. summary Cost Estimate 19 N. Upper Broadway pus Christi, Texas 78427 INIT UNIT RICE PRICE - .Ln. 8 . 01 tn. 8 . 8 01 in. 8 ce. ,. in. 8 d 113 $ 180.00 II Ti R 0 13 , -I in. tn. .4- in. 8 in. N in. 8 4-i -Ln. 8 -v1. -v). •.sj H ... .. , 8 a in. 8 eq in• 8 CO tn. 8 V, LO in. 8 m in. 8 ..). •=.f..;g.:, . q. _ -18 .:.,. -..:. •yz .,.. ..,_._, N 03 8 ..-1 4. 8 $ & i 8 .51 ..:,,,, ,-, ,.--e.r. ,t-÷.17, ..i!": 2 "--1 2 " 2 8 1 ; , • •14, 8 -.3-1 0 't 8 LA 8 =11 0000008000 . -.1 r-4 44-, rti ..-1 "1 o a-t cl. on q Q .g" o IN 0. w o LO o in -1 cl? ci, n^ r4 Lo 0 N o IT 0 in 0--F, N . , I t-A n :4 in in. IA V. of 3;-, to (fl. in tn. 1/3 :;,,,e. ! i I 03 N ..-1 to •,-1 to DO 0 LA 0 W to. ril Lf3 6 in CI) to o. tO V- t.6 to t 03 4-] to s-i N to $ 175.50 $ 1,440.79 totoID $ 207.36 II flU .]=.000TOOLDi r",.■-• 03 .:,..,.-1 r-.3 .',-;.. pi .,.,, N '.--.? N ':"..7,'• , -',.V 03 o5 ....1 N IQ co Arrtr .411 .41. in N N if! in tO Oi +.4 -t, 7441 .1.0 40 iir -,,, . , V ....j 0300 4...i 1. Co Lo .4 cq co V Cn ,...: Lc! r. 01 O .,-1 1 $ 706.00 1 r.4 L'1 CF1 0 IF 4,4, 31‘, J,,,,,i- 1R. IV. Os ;et ' ■-•: 1 Leoncitos, Inc. P. 0. Box 270898 Corpus Christi, Texas 78427 TOTAL PRICE , ... "--- .0..0_ ..-i N co N in. i-i i.-1 in c0 tO " 14 tn. in in N Co Co m in in ;el, Cn -.,,, LO .-.1,-, N =.1, .L/3 .... CO CO tn. m in I, in. $ 5.40] in in.- to el. ill- -;f:',.-.::, r,".., Vi q 1$ 2.88 in. -,-1 IA io. N In :•n. :=:`, ,:-:,...:: UNIT PRICE El o o ir. ri to, $'-' : ._ - 4 14: 40 -. -,':., ai cr. LD .4 In 8 ci iil- .--I .n= to I $ 432.00 II $ 3,250.00 $ 560.00 '- • AS aA� $ 2,148.00 LI] u3 es1 to 8 O in ca .-1.- tn. 8 ..r; to co ..1-; to . to i-i in- N in rn tn. o q in 01 N i-i- tn. o r.: ne 01 to 0 in N in In $ 72.00 $ 1,890.00 0 0 0 0 0 I $ 1,188.001 Hammon Excavating, Inc. 1814 Holly Road Corpus Christi, TX 78417 TOTAL PRICE C? 0 51) c...T il,g '..if..; ," .-1.. ," 'N' .t.- 00000--..4t.,-,,, Cn., rs1 .11 et .4: u-1 u., ul ni N .,., F.•,.-:" in o LO NI o tr1 N el V in $ 375.00 o CO 0 $ 550.00 -3, 00000r=r) i;..3 cn. 1,4 r.. .?-+"--.4:r ‘-' -,4 1 ':::7- Lr?, en 9 Cr L.1;1 ..? C! in 1 UNIT PRICE Qt in IA In -A 1!.." ..14. ...sp - V 06■01c0Q c‘i -c .4- t o 0 " I . N in. o 0 -I/3 o ui CU 4.4 in. 9", ::00000_0ri :. ID ,,,..; r..i ',.. 1.--Wialt001 :-.117` •4 ,:::j.: to- 0 oi in R o 4 to ul r-. in. ..4;., $ 224.00 11 $ 1,254.00 0 N •if c,r0to in. 0 C? rs. o c o v:1- in- in. $ 350.00 in Blue Bay Construction, LLC 2400 Augusta Drive, Ste. 453 Houston, TX 77057 TOTAL PRICE Ll' CO ili• 0 ci CO i.n. 0 L? rfl in in Ill 01 in, 0 c! 0 0 tn. to $ 350.00 I $ 480.00 ...,ilLn0000::, -,.1,. eit '17'2; 7-1j. ,, o co tot 8 In 1 trl 6:4 ',.. p rn ....,--... -.!...i..- ,.., . $ 2.00 ' $ 3.25 $ 12.00 i $ 8.00 $ 8.00_ UNIT PRICE ... , 1! :AL qa,f, Vi AIlternat o. 4 - D r inag�e a " 6" Concrete Curb & Gutter Remove Concrete Curb & Gutter Sidewalk Grate Drains Drainage Trough Remove & Replace Grate Inset VA 1 A S a :Ix; .Ti Remove Concrete Sidewalk 4 "in. 8' Wide Concrete Sidewalk Reflective Pavement Marking, Type I, 24" Reflective Pavement Marking, Type I, 10" ADA Pedestrian Ramp * 4 *.1 * It 1 •rrc' '0= g To A'01 1;a '? o. , . '.. Scarify & Re- compact 8" Sub -Grade 8' Crushed Limestone Remove Existing Asphalt ,Prime Coat Relocate Street, Traffic Signs w Pipe Sleeves ;Reflective Pavement Marking, Type I, 4" 'Traffic Control 121/2" Galvanized Pipe Sleeves for Parking Meters 'Sea Grape Tree 45 Gallon _. 1Planting Mix Landscape Fabric 4" Mixed Gravel Topdressing _ I 5/8" 1 GPH Subsurface Drip 2" Sch. 40 PVC Pipe Bored Sleeves for Irrigation Line 112 Month Landscape & irrigation Maintenance I CORPUS CHRISTI BEACH ENTRY DEVELOPMENT AND SIDEWALKS DESCRIPTION 11, = ... *,_. CO EXHIBIT Page 6 of 9 TABULATED BY: limlnary Cost Estimate 19 N. Upper Broadway pus Christi, Texas 78427 UNIT PRICE I Fs ; 888888888 =J 00M100 .,-1 i to Nin e rat to 00 m to ° o in to ° 0000QO1 in to gel en -i to n1 - in via - to. . V1 1 to cq Ea tr. $ 540.00 $ 336.0011 tnN vi to. 0M10 1nIDv d ri to. $$$°°o°° t/1. Ni tn. o' to .1/I- $m$" N to. .- to $S$88C00OQ ya to .-1 to ri to. Li to to re V1 ° �a on $ 4,200.001I $ 350.00 � V1 V1 g� 0 rn to 8i°8 i6 V1 CO -� to U-' ±? 00o` 0 O in 00 0 in m N d in N DO d 0 N 000o00o4 ei 0 In IQ 0 0 Cl in N co N a orn o •IY N .i 0 0 a 0 O00ae ,..r N N o W O 0000oo0000 0 u N O N IO 00 N m p N in 0 CO 0 in in a 0 N N 0 U 0 o 0 N M 0 d 0 ell 00 in ui N N Lon N 0 o0 N n.00 0, -i 0 o. CO N in to in to to tn. V1 V1 to to V1 VIA i/I• to in V1 V1 to in V1 t/1- to to N ih in V1 V1 to in in V1 in in 4" Leoncitos, Inc. P. Q. Box 270898 Corpus Christi, Texas 78427 TOTAL PRICE - F t,= 6 : Co $ 44,431.78 CO Cr! O tt N ' r*l' iA V N N it N ,-1" co to $ 427.23 $ 427.23 $ 1,780.10 $ 1,572.28 eF DO CO I11 N .i' VI. N LLD n Q m vi 0. CO N Cl 0 N 4o CO U- N N N VI• O N aI IO N 'U1 I $ 501.28 11 U1 N CO op U L VF 01 N er m N Z V1 $ 1,065.00 $ 3,144.48 $ 1,495.00 m CD .-I m m t/1 CO 01 O N N N. to 01 U CO CO m r'1 M1 r. 0 N N In io ID 0 CO ID O ri 0. O I13 m a N 1- in N O1 to N m N in $ 427.23 R 19 00 co .-i CO to ID O N 01 to 0 N m m N to $ 854.46 II ID 0 y� N 01 to In ID .a-1 N t/I. O N N 11i VI. m N CO 4 to I $ 2,848 20 I $ 237 09� 6t' UNIT PRICE Y. - - gp r. r' j m CO In N N N to m .*' 0 N N ip/1 N .-i .-I N. in VF $ 427.23 $ 427.23 N is O N 00 V N m N on V1 0o N U- m to I. O In N to CO CO V N. N ti. N 01 m to $ 12.82 m m �-( m to $ 85.45 $ 27,284.29 $ 0.71 $ 131.02 $ 1,495.30 no ID H 01 M on $ 462.83 m 00 N IO U' V1 aI OD C] N N on N O ID in in on N V IO on m In a1 et N to. L$_ 427.23 CO OQ Ib N co in $ 462.83 1 0) N N in IS 427.23 LO 0 In N Cl un In tO N N N to N co N N to m tri .-I in CO ..4 on $ 2,848.20 Hamman Excavating, Inc. 1814 Holly Road Corpus Christi, TX 78417 TOTAL PRICE D 0 O in O 0Op O in 000,000u101°0 0 0 in ILnn N M1 N co V1 in i/1 p0 CD ° U ID N M V1 111 mm en .i V1 O IIII oe if. 0 1°/I N N V1 0 001 4" L 585.00 1 $ _ _ 380.00 O O in v 0 t4 <Y m in. to $ 375.00 $ 1,920.00 $ - -_- 4,320.00 I$ 220.00 11 $ 0 N LID ti ih 0 WI 0 H to as 01 en in 00 N CO in u01_ m ID Y'1 to m ID Ui V1 324.00 00 N ID in 00 00 N in $ 1,764.0011 p 0 U LD in O 00 N to 5? o d in in $ 3,000.001 OO, Cl ID N in 00 IID N 1a N ..4. YV, in in UNIT PRICE f ?g .3ra , s.�� fir✓ 1,C. yr -i [ dp O N V1 Opp O N in $ 43,600.00 $ 750.00 $ 250.00 Q In N m to in In m in Cn in $ 375.00 N V1 01 V1 m N in C in In ni V1 N $ 0.25 $ 80.00 $ 4,320.00 $ 220.00 $ 270.00 $ 350.00 O emi in O N in 5'8'4 N V1 R tan to O IIDD to O m to OTZ $ C N m to O 0 N to O L I17 in N in in in O _' ID e-1 V1 1. Blue Bay Construction, LLC 2400 Augusta Drive, Ste. 453 Houston, TX 77057 TOTAL PRICE 5o O O N N N t/I- °° o O O d O O ID co N I11 N I!1 N to to to 001ZT'T 5 00'00Z'T $ O , N m a to 05 01 01 0. o O N N to 00 00 to $o p - 110 V N 0. to $ pp 1n 0 C 0 V f1 N tn. to $g N - a N 0 �N ti N . to to ��s o 0o� 0 N to 0 I. N H' in N O D in $ 300.00 1 toO c..1 N to O O 0 ri V1 ° in 10 a to 5. 250."D II 818 V tn. V to 1,0 r V1 $ 550.00 p 0 CD in In to d O In P to 0 0 03 01 N to $ 174.00 II 0$ O 1 4 :_Ny itidl; UNIT PRICE • peve 'I ey. O Y1 N N U's 0 o ID U1 in V1 0 0 0 Q 0 p d O 0 0 0 CO co N V1 V1 V1 $ 120.00 $ 24.50 0 Vl 4 IN in 0 O .-i N V1 0p O O al N in 0p O N in 0p 0p p O o0 00 ey in, in O p 0 0 p In U N U V1 to to 0 0 r":000! O ttI o 00 CO O to in to 0 O 0 N tn. $ 195.00 I 1. W d N N to 0 O d 0 N in IO Ul N to N to O 0 fvi in. O 0 U1 e1 to $ 250.00 06 O 01 min ih $ 240.42 I In 0 N tn. O O in N in $ 550.00 O 0 O 0 V1 In Cr! it to O m t/1 p J !, O__ in e; CORPUS CHRISTI BEACH ENTRY DEVELOPMENT AND SIDEWALKS a n. 0 en 11.1 Concrete Base Foundation (Limestone Patterned Face Pylon Built Up Wood Truss 1 Historical Plaque and Base Removed Historical Plaque Reinstalled Mediterranean Fan Palm, 15 Galion Red Yucca, 5 Gallon Weeping Red Oleander, 5 Gallon Natal Plum, 1 Gallon Sea Grapes Ice Plant, 4" Pots Native Lantana, 1 Gallon Esperanza Planting Mix 482' Linear Feet of 6 "x6" vert. Timbers Landscape Fabric 5 Oyster Shell Topdressing Relocate California Fan Palms Trimming , Shagging and Pruning of Existing Palms Accent Boulder Battery Operated Valve Isolation Valve Line 1" & 11/2" Electric Remote Control Valve 2" PVC Irrigation Mainline and Fittings PGJ Roto Head w7 swingJoints 14 Ga. Wire and Future Wire to Electric Valves in Box Pressure Vacuum Breaker (Quick Coupler 5/8", 1 GPH Subsurface Drip Irrigation Rain Sensor Irrigation Controller Irrigation Sprinkler Head Decorative Paving Directional Slgnage DHPL on Wood Post 12 Month Landscape and Irrigatiom Maintenance I QTY UNIT ;' d il7 Q W 4 N7 Q a a Q W Q Q 44 a ti J LL }} n Q L44 6 LL a J J Q W J LL to LL N r J 71i is LH Ni IN N N N co m W ID IO r-1 rN. N 10n ry '. N 10 m in in N ci. N rl N E N N N '.. en N LL N LL m V U7 LL LL LL ID I. LL LL 00 LL T U- w /LLB .N -I U. i-a H SILL U. .fit rot U. LL .0-1 .M1-1 U. U. LL rOt U. IN U. N LL N U. N U. N LL 1tnn N U. N LL N LL N U. N U. m U. m LL m IL- m LL m et LL EXHIBIT earl LL ` v ai T `C" Page 7of9 co ci) re co o o 0 ou. u_ o z E5 o 17. 5 g• • re to ILI .< Z z LU U- 0 f■■• z Ui 2 a sliminary Cost Estimate 19 N. Upper Broadway pus Christi, Texas 78427 INIT UNIT ICE PRICE t.i .0, ;IT tn- gflP vs ,..., -..A:f :J.,-.; ...;- !:;: i;:=...,:'. .:r:.',1 .,. 0 R gl 4 ';-.., ,,,,.. r.:.v: -,.; .',4,•:: !•-•''':-." :•.--s,!., .,y .,.....„: g'.- 1/2',''. 8 1..` 8 -gv, rri 8 $ cci co § „,w ' , , .-..Ki -:'.' :.,.0 rm. il •"_-::4,-, ,eri% :p...;: z- .4-7::. '.4'-/;:?;...? , I 4 61. ;!..:;;3.:, :,::-.: ; . -, . ._.:., qi.,.: LL ,..V...: •,;1_..'.1 .fg. -,..i.,.: 5: qt 01 rr... ',..2:- 1-.4: :E9' N„ 7:,_;...,::::':;'. ...,1'• iM 17 I.>;;.: Leoncitos, Inc. P. 0. Box 270898 Corpus Christi, Texas 78427 TOTAL PRICE UNIT PRICE ,-§',r4o. Vqs- i,..,,.. Ah: '...;... fir,..,kf - , - .P.•_,:rr .1.4 -:TAI.: '..-1.,,,..: ..:.;i: :-.: .y.:;;;;:,. Cis ..1?1.,.,•01; -- 479:' -!',..g ....:.•.: -.1", q.:', 2;:.:iY.; l'..,?:; :'',; :::5,7-: .,...::: :::t .-:=2•,-? —11 tn m 8 to o ',- .., li rga ..,n, ,ii. Hammon Excavating, Inc. 1814 Holly Road Corpus Christi, TX 78417 TOTAL PRICE in rj us co cii in- $ 2,965.20 $ ,450.25 a •zr in 4 u s - - ... ... .:•:_.; .w•.'. 4 -us tn. ;?2, .. .;•7::',- .. ; ..-0._ ,ri N en. IA in N •ci Eft in in 4 UNIT PRICE .,.. .,L ,,V..;.7,. h Ig..3-: .,:.-.,,,,, `,-. 4.=. g: ..,.; 7t. 4 -, I. .. .. . .iii. .„ . ,,.. :-.z.: Ir. .1:1 0 Blue Bay Construction, LLC 2400 Augusta Drive, Ste. 453 Houston, TX 77057 UNIT TOTAL PRICE PRICE ul .0. cry tO to ,..,,:„. -.:,c, .,,,,, --..2:‘.. ..... .., E.,..-, .,0 U, ..i.,.-.•., COA: .g' ..im ',:e: ..... ‘ I !'t .1 ,1.,:in cp. 8 ..; 1J '',',n, ::.,- ,,..:-,- 7.; ., . ril■ ,r4 ... F4 t-r1 ...1. 1A. RI -LA- , ,, -,.: -.,n, Is DHPL Material Entry Archway Letters . DHPL Material Entry Archway Turtle Images DHPL Material Entry Archway Seahorse Images [DHPL Material Entry Archway Sandal Plaque ..,, ......,„. 1 ia. z. z. 1 :1 , ;:.E ...0._ • AY —, r' a, Q T.. •-si 0 u_ fn ,94 4, t - i: 1—:-, : t: f ---, . 2 , t. CORPUS CHRISTI BEACH ENTRY DEVELOPMENT AND SIDEWALKS 1 UNIT DESCRIPTION '512' i 21' ,..4. II ITEM I OTY "11 T..7e in 5 Unit Price Unusually High Extended Price Not Same As Bid Proposal Form's Price On Bid Proposal Form Item not Bid Lump Sum Extend By 14X (Confusing Proposal Form) Unit Price Unusually Low Did Not Follow Proposal Form Format (Multiplied Number of Graphic Items by Unit Price) F re s re to o LL 1,O 0r 40 z a m W wz 0 z W w 0 r z a W 0 • IT al 1.P • es 4 C F • a 0 co C4 E E r D 2 0 F } z a N N N 0 N 7 h 49 w C1 a 3 w 49 49 QW 0 Q Y W H 0 a 0 w a BID SUMMARY CO • '9 °w m o w o a O 1- co ti C) A r ice+ n G it O ' O {"! C Nf Omi M N i^9 m N N N r 49 49 N w 49 49 49 49 49 0 m U) N 0) co 49 ;0: ::U) s7• TEMS Ai AB5): H n N 49 M N N N N CAI 49 Ui 49 N 49 ;I; U N m m m N v m U d W ri (0 F W W o a a I.7. a 1 - 0 1 0 0 2 0 m co m O • a `s O z z z p z W a a a a a W Z Z a re.) re W W W o a a m a a a d .. 0 0 0 o o a 0 oa a m °a di d m m o 0 0 0 m m m m m U m W W w W W W W m m 336 BASE BID B, ADDITIVE ALTERNATIVE NO.2 (BID ITEM HI) RECOMMENDED 1 F- EXHIBIT "C" Page 9 of 9 PROJECT BUDGET CORPUS CHRISTI (NORTH) BEACH ENTRY DEVELOPMENT AND SIDEWALKS Project No. 3394 & 3395 November 9, 20 i 0 FUNDS AVAILABLE: Parks & Rec CIP (No. 24 - CC Beach Entry Development) Parks & Rec CIP (No. 25 - CC Beach Sidewalks) Previous Years' CIP (Entry Development & Sidewalks) Storm Water CIP $197,800.00 $197,800.00 $4,400.00 $44,721.20 TOTAL $444,721.20 FUNDS REQUIRED: Construction (Blue Bay Construction , LLC) $321,239.30 Contingencies $28,182.90 Consultant Fees: Consultant (John R. Wright, Architect - CC Beach Entry Development) Consultant (John R. Wright, Architect - CC Beach Sidewalks) Geotechnical Testing Materials Testing -TBD Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Finance Issuance Misc. (Printing, Advertising, etc.) $26,062.00 $37,087.00 $3,900.00 $2,000.00 $7,875.00 $12,250.00 $4,375.00 $1,750.00 TOTAL $444,721.20 ESTIMATED PROJECT BUDGET BALANCE $0.00 EXHIBIT "D" Page 1 of 1 October 20, 2010 Mr. Pete Anaya, P.E. OCT 210 2010 Director of Engineering Services City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Re: Award Recommendation North Beach Area Improvements (Bond 2008 Project) Project Nos. 3394 & 3395 Dear Mr. Anaya, Bids were received for the above referenced project on Wednesday, September 22, 2010. } A total of three (3) bids were received for the referenced project. O 0 CL 0-,nu ° I� L V W R I G HTARCH I T E CTSA I A. C OM In accordance with the City of Corpus Christi's policy, a request was made to the three lowest bidders to submit data outlined in sections A -28, A -29 and A -30 of the Special Provisions. Attached is the information provided by Blue Bay Construction. Wright Architects reviewed the information submitted by the low bidder Blue Bay Construction and verified the experience reference provided by them. While we have concerns with their lack of experience on projects of this scale and nature; contacts with previous owners has been positive in terms of their ability to execute contracts awarded to them. Although there are some discrepancies with Blue Bay Construction's bid, their over all cost seems to be fair and reasonable for the value of work to be constructed. We hereby recommend award of the contract to Blue Bay Construction in the amount of $321,239.30 for Base Bid A, Base Bid A— Alternates No. 3 and No. 4 and Base B, Base B-- Alternates No. 1 and No. 2. The contract requires construction to be complete within 315 calendar days after notice to proceed has been issued. Attached for your record is the bid tabulation for the project. Should you have any questions or require any additional information, please do not hesitate to call on us. cerely, . Wright, AIA hments —338— File : \Mproject\counci !exhibits \exh3394- 3395.dwg PROJECT LOCATION CORPUS CHRISTI INTERNATIONAL AIRPORT McGLOIN RD. 1-11 CORPUS OIRIS2r BAY LOCATION MAP NOT TO SCALE MARKET ST PROJECT #3394 & 3395 SITE PLAN NOT TO SCALE PROJECT SITE CORPUS (MR,IS2l BAY EXHIBIT "P CORPUS CHRISTI (NORTH) BEACH ENTRY DEVELOPMENT AND SIDEWALKS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -15 -2010 =NW IMMI NMI -339 - N co a) co :7. V � m 06 847, si (1) V � cp.o 0 cp. (1) m s" V D W SSUE zoos) (Project No. 3394 & 3395) 490 Council Presentation November 9, 2010 • Project Scope • O O O a a a • • • )08 H — • •C CD H V a •— •— O W 3 V_ C•D O = N Ccz i co u o a3 _ '0 0s C u •- ca CD O ca ti ca i •W C (I i -0 O v w +, +, +r •� 2 0- c .N N_ . V) ca • N Q 0 uo 4. 3 0 +a > v =— Nc�.�cn CD 8 4'1 Q i O 0 0 V) in ca chi) '1'1 MV in 0 O W C +0.+ • s cal ▪ v Eu a)Nca O ca 0- CCCD •p -4 $ ��. Ia >ca � N a -w -a sap co.2w +.• in 4-', CO bp 7 t; 2 u = = .- k.) c - 0 s- CD C�� WC_ 0- Ow -C a- s0.- 1— cz tx 0. o co • • • m 491 CD +.+ N o H Ow C I' • _c � - cn ca 1• 12 6 w co 1- • O I. v bhp t C ma C •i C V) — I. O CO = ca ca ca +, N C) E o 0 a) a a, 3 +r a-+ m N C C > C can > s• . c▪ .) •_ ba in cinn O 0 i co a a� 3 a) a) U � ww a) �= • � E w •E a a CD smimi '0 0 V V O 3 E 3 a) § 2 a E _ = 3 0- O ° t i. CL C N cn 0 V V w a ca w w a) o • E ca • D • U • Committee. 4) 0 Beach Improvements N Beach Entryway Landscaping Plan 0 cn 0 0 0 Beach Sidewalks Landscaping Plan U 0 0 U t a rn 4) 0) co c 0) u) o co 4) m U U) 0 U FUNDS AVAILABLE: O O O O O O O N O a) E Q O a) a) O W (6 a) U U N O Z 0 U a) o U) 0_ U) (6 a) C/) (6 a) U U N O Z_ 0 U a) o U) 0_ U) c6 a) o C a) E Q O To > a) C W 0 U L (6 a) U) O N 0 0 N N ti Ef} J 0 H O O Co O O) N co CO N 00- N N C) Ef} Ef} U J J Consultant Fees: 0 0 0 0 O O O O CO CO O O O O O O CO I` Cr) N N Cr) Ef} EA- EA- Ef} O U) a) U O U) U) o U) c13 Q 0 O) m O � 6) a) c H ( • N O U (6 • a) a) as (9 2 491 O O O N O N N I` O N Ef} Ef} Reimbursements: J 0 H O O ESTIMATED PROJECT BUDGET BALANCE N �-I Questions? m 23 AGENDA MEMORANDUM Clip No: PR 27 City Council Action Date: November 9, 2010 I - ■ i,- IS ° . •I. EIII AGENDA ITEM: A. Ordinance approving the transfer of $3,320,106.64 from No. 1111 Reinvestment Zone No. 2 Fund to and appropriating in the No. 3278 Packery Channel Projects TIF #2 Fund for the construction of Packery Channel Phase 2- Parking and Overlooks project and other projects relating to Packery Channel; amending the FY 2009 -2010 Capital Budget, adopted by Ordinance No. 028449, by increasing proposed expenditures and revenues by $881,106.64 each. B. Motion authorizing the City Manager, or his designee, to execute a construction contract with SafeNet Services, LLC of Corpus Christi, Texas in the amount of $2,371,927.61 for Packery Channel, Phase 2 - Parking and Overlooks for the Total Base Bid plus Additive Alternates No. 1 and No. 2. ISSUE: This project is part-of a multi -phase project to make improvements to the public areas at Packery Channel. The proposed construction contract for Phase 2 will provide for improvements to the north and south sides of Packery Channel. North side improvements include seven outlooks, new road to outlooks from existing boat ramp, new parking areas, required fill under the parking areas and slope protection, and a twenty -foot wide walkway along the length of the channel. South side improvements will include a ten -foot walkway along the length of the 'channel. FUNDING: Funding is available from the Packery Channel Projects TIF #2 Fund. RECOMMENDATION: Staff recommends approval of the items as presented. Pete Anaya, P.E. Director of Engineering Services 361- 826 -3781 petean @cctexas.com Additional Support Material: Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Background Information Prior Actions Bid Tabulation Project Budget Location Map Recommendation Letter HAHOME1RachellelGEN1Packery ChanneI13490 -Ph 2 Parking & QverlookslConstruction52 AGENDA MEMO.doc -343- Mic -el Morris Director of Parks and Recreation 361 -826 -3464 michaelmo @cctexas.com AGENDA BACKGROUND INFORMATION SUBJECT: Packery Channel, Phase 2 -- Parking and Overlooks (Project No. 3400) CIP No: PR 27 PROJECT DESCRIPTION: This project was developed with a Base Bid and two (2) Additive Alternates. The Base Bid consists of improvements along the north and south sides of Packery Channel including seven (7) overlook structures, a parking lot and access road, pedestrian walkways, storm water structures, lightened bollards with electrical receptacles, conduit for roadway and parking lot lighting and landscaping. Additive Alternate No. 1 will provide for the construction of concrete benches. Additive Alternate No. 2 will provide for repairs to shoreline structures. CONTRACT TERMS: The project is estimated to require 228 calendar days, with completion anticipated in July 2011. BID INFORMATION: On September 29, 2010, the City received proposals from three (3) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $2,096,403.40 to $2,152,837.61 for the Total Base Bid and from $2,371,927.61 to $2,395,903.40 for the Total Base Bid plus Additive Alternates No. 1 and No. 2. The estimated cost of construction is $1,911,481.00 for the Total Base Bid only. BID RECOMMENDATION: The City's consultant, Freese and Nichols, Inc. and City staff recommend a contract be awarded to SafeNet Services, LLC in the amount of $2,371,927.61for Packery Channel Projects, Phase 2 — Parking and Overlooks for the Total Base Bid plus Additive Alternates No. 1 and No. 2 (see Exhibit "F" Recommendation Letter). ORDINANCE NO. 1: Ordinance No. 1 for this item is a bookkeeping ordinance to move monies from the North Padre Island account (No. 1111 Reinvestment Zone No. 2 Fund) to the Packery Channel account (No. 3278 Packery Channel Projects TIF #2 Fund). The Packery Channel account will be used to pay for the following projects: ➢ Packery Channel Phase 2 — Parking and Overlooks (this construction contract) ➢ Packery Channel Quarterly Monitoring: The monitoring program includes the collection of bathymetric data in Packery Channel and the surrounding nearshore, measurement of elevation along the adjacent beach and bayside channel (shoreline position), and elevation measurements across the Mollie Beattie Coastal Habitat Community. The monitoring program also includes measurement of current velocity in the channel that is presently sponsored by the USACE, Coastal Hydraulics Laboratory. The monitoring is performed by Texas A &M University- Corpus Christi (Division of Nearshore Research). ➢ Aids to Navigation: This program consists of the inclusion of channel markers (posts) and no -wake zones in Packery Channel. H:11iOArf\Rechelle\GENSPackery Channe113400 -Ph 2 Parking & Overlaoks\Canstructien43 AGE D44ACKGROUND doc EXHIBIT "A" Page 1 of 2 PROJECT BACKGROUND: The Packery Channel Improvements project is a storm damage reduction and environmental restoration project performed by the United States Corps of Engineers (USAGE) Galveston District in which the City of Corpus Christi was the local sponsor. The project consisted of a channel between the Gulf Intracoastal Waterway and the Gulf of Mexico, wnicn provided material for beach nourishment and backfill at the base of an existing floodwalf and water exchange between the Laguna Madre and the Gulf of Mexico. This project is Phase 2 of proposed Packery Channel Improvements. It is part of a multi - phased program to enhance the Channel area by including amenities for the use and enjoyment of the public. The approved FY 2010 Capital Improvement Program (CIP) includes the following five phases of improvements to Packery Channel and a sixth phase is included in the long -range CIP: Phase 1 — South Parking Lot Restroom Facilities (Complete) Phase 2 — Parking and Overlooks (This proposed project) Phase 3 — Restroom Facilities at Packery Channel > Construction of a restroom on the north side of Packery Channel having 3 toilet fixtures in the men and women's restrooms and an adjacent parking lot. Also includes turn- around and road connector to Zahn Road, and a 6 -inch sanitary gravity sewer line form the restroom to a lift station on Zahn Road. A similar size restroom on the south side with a lift station near the restroom will also be part of the project. Phase 4 — Ramps to Jetties > Construction of stairs and ADA ramps on the north and south sides of Packery Channel to provide access from the beach to the restrooms, overlooks and parking lots. (Design contract awarded to Freese and Nichols administratively) Phase 5 — Pavilion > Pavilion expansion on the north side restroom. This will provide for the deck area around the restroom and some sitting areas for visitors. Phase 6 — Administration and Maintenance Building (Long -Range CIP) > Construction of a 30' x 60' maintenance building and a 100' x 1000' parking lot near the entrance to the Packery Channel lookout areas just south of Zahn Road. EXHIBIT "A" Page 2 of 2 H:SHOMEVRachelle5GEN\Peckery Channe153400 -Ph 2 Parking & Ovetlaoks \Construction 3 AGENDA SACKGROUt4D,doc —345— PRIOR PROJECT ACTIONS CIP No: PR 27 PRIOR COUNCIL ACTION: 1. February 10. 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 $152,806 for the Packery Channel Phase 2 project for design, bid and construction phase services for the parking and overlooks at the Channel. (Motion No. 2009 -029) 2A. February 24, 2009 - Ordinance appropriating $425,000 of unappropriated fund balance in the Reinvestment Zone No. 2 Fund 1111 forthe Packery Channel Project; Changing the FY 2008 -2009 Operating Budget Adopted by Ordinance No. 027776 to increase appropriations by $425,000; and declaring an emergency. (Ordinance No. 028076) 2B. February. 24, 2009 — Motion authorizing the City Manager, or his designee, to execute a construction contract with Sal -Con, Inc. from Corpus Christi, Texas in the amount of • $307,000 for Packery Channel South Parking Lot Restrooms 2008. (Motion No. 2009 -049) 2. 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. July 30, 2008 — Administrative approval of a Small NE Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $23,000 for the Packery Channel South Parking Lot Restrooms 2008 Project. 2. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 3. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 4. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 Projects to 206 engineering firms (86 local and 120 non - local). 5. September 29, 2008 — Administrative approval of Amendment No. 1 to the Small AIE Agreement with Chuck Anastos Associates, LLC from Corpus Christi, Texas in the amount of $7,500, for a total re- stated fee of $30,500, for the Packery Channel South Parking Lot Restrooms 2008 Project. H:1HOMEKelly01GEN1Packery Channe113400- Packery Channel Phase 2 Parking 8 Overlooks (Repair of Shoreline Amioringj \Construchon14 PRIOR ACTIONS.doc —346— EXHIBIT "B" Page 1 of 2 6. October 29, 2008 - Administrative approval of Amendment No. 2 to the Small AIE Agreement with Chuck Anastos Associates, LLC in the amount of $3,500, for a total re- stated fee of $34,000, for the Packery Channel South Parking Lot Restrooms 2008 Project. 7. March 16. 2009 - Administrative approval of Amendment No. 1 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $13,211 for a total re- stated fee of $166,017, for the design of Packery Channel Projects, Phase 4 - Ramps to Jetties. 8. April 3, 2009 - Administrative approval of a Small NE Agreement with Engineering and Construction Management Services in the amount of $5,000 for Packery Channel Projects, Phase 2 - Parking and Overlooks and Phase 4 - Ramps to Jetties for preparation of a beach construction certificate. 9. April 2, 2009 - Administrative approval of an Agreement for Geotechnical Testing Services with Rock Engineering and Testing Laboratory, Inc. in the amount of $2,430 for Packery Channel Projects, Phase 2 - Parking and Overlooks. 10. June 23, 2009 - Administrative approval of Amendment No. 3 to the Small NE Agreement with Chuck Anastos Associates, LLC in the amount of $15,900, for a total re- stated fee of $49,900, for the Packery Channel South Parking Lot Restrooms 2008 Project. 11. November 22, 2009 - Administrative approval of a Small NE Agreement with URS Corporation in the amount of $24, 706 for the Packery Channel Projects, Phase 2 - Parking and Overlooks Project for the development of plans for the repair of the shoreline armoring. 12. December 14, 2009 - Administrative approval of Ratification for Construction Materials Testing with Rock Engineering and Testing Laboratory, Inc. in the amount of $299, for the Packery Channel South Parking Lot Restrooms 2008 Project. 13. February 3, 2010 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with Freese and Nichols, Inc. in the amount of $12,113 for a total re- stated fee of $178,133 for Packery Channel Projects, Phase 2 - Parking and Overlooks. 14. June 21, 2010 - Administrative approval of Amendment No. 1 to the agreement for Construction Materials Testing with Rock Engineering and Testing Laboratory, Inc. in the amount of $952 for a total re- stated fee of $1,251, for the Packery Channel South Parking Lot Restrooms 2008 Project. 15. October 18, 2010 - Administrative approval of a Small NE Agreement with Engineering and Construction Management Services in the amount of $36,450 for the Packery Channel Projects, Phase 2 - Parking and Overlooks Project for construction management services. EXHIBIT "B" Page 2 of 2 H:SHOMEIKeIlyO\GEN\Packery ChanneiO406- Packery Channel Phase 2 Parking & Overlooks (Repair of Shoreline Armoring }1Conslruction14 PRIOR ACTIONS.doc -347- CK .�C.?I1MAIt 41,911,481,00 Garrett Construction, Co. P.O. Box 1028 Ingleside. TX 78362 $10,233.90. $69,363.10 O r tY - CO 1• 4 1�D� N 1+ CO r d9 $102,780.70 - o O) CO 0) Q) W 69 O 1D N. m P3 dg . 0 N r N 143 N 69 $603.201 S2- 0n0.nn 1 0 1 1n i r co I O F 69 --- 0 0 o h f9 o Q)- fD n 69 0 O O p IH 0 N t61D O 69 0 Q) W O 69 rn C) 90 p 69 0 T M N 6 yr $199,845.41 O co dg N 16 ti W 69 $1,642.078.65 6 CD CO 69 CO N N. N 69 0 O r--- dg -as N r) N 3 $2,039.00 O •N O6 0 O CO 3 0 T 0 0 up N O (+9 $5,557.951 $4.40 $104,207.10 $10.95 cn 0 0 3 1D 1�•J 69 0 cq 1- O O CO 69 $213,465.001 $88.70 ‚IF F $217,403.201 $32.65 0 0 o O O m n r N E9 d9 M 0 r 0) IC) d9 O 0 o co CV tH 10 (nj $390.401 C10 0C0r ryo 0 dg N- N 69 in 6 0 0 6 N $28,549.351 O NO a E9 o c O tC N !C0 NN(7 In r dg MN O) (D 69 O C) 1R tO) N 9 Q) $509.75 ~TA Haas - Anderson Constr., Ltd."V� 1401 Holly Road Corpus Chrisiti, TX 78467 AMOUNT 0 0 c V! $4,524.00] $7,192.00 0 o00 CO a tT as 0 (O v nI dg 0 O 51 O 0 O O M 00 CV O O O N o r 0 r M PI T ti T 1 $17,812.001 0 a0 C W dg 0 0 v le dg O 0 O 0 0)) N dg 00 10 3 6s 0 1: o 0 o 6 $3.45 ] $9.70 0 a 6 0 0 m 69 00 11) T r9 N f 69 1 $32.901 $580.00 $1,390.00 0 ti O 0 V; r $46.40 0 0 0 0 sY 6 r $348.001 $348.00I 0 O 0 1107• A 69 0 o p0C 0 RO) 00 0) Q7 0 O COD $14.601 o O err a 0 In 69 0 0 O 0 69 0 co p 669 SafeNet Services, LLC ~Y 1321 Glenoak Corpus Christi, TX 78418 $129,629.40 $156,919.80 ] $1,643.22 M O U7 N 69 !! r C7 _m T 49 ] $501,795.841 $226,497.60 $3_,535.56.1 ON). O co O 19 $828.00 $4A0.00 a C7 ad (ja 1(pp+� CO 0 CO 1+ y09 $1,404.00 $5,208.00 O 00 M dog O IC) 01 $3.720.001 °o ACV N. ° co 1"J ii7 N w .2 T(d(pd N. Iti 0 CD •1Y bg 10 1D 1+ dg o° O (b N- dg O O T C7 (9 $11.40 $13.80 N O 6r9 O r 49 $12.30 7 N 69 - $14.88 - $27.24 $414.00. $2,160.00 W V 69. N o dg $48.00 $54.00 $42.00 $360.00 0 a0 COD (+) 0 N A $22,230.00 a CD 69 $2,353.20] $14.52 C7 O $91.20! O CO O CD o O COO ti PACKERY CHANNEL, PHASE 2 - PARKING AND OVERLOOKS Project No. 3400 co co QN 0 co N Y fn IF ¢o J uJ J u_ W 6 6 6� 1 6 LL, 6 [BASE BID PART A (Items A -1 through A-25) J � a 6 QTY. RENTS IIII 47,167 11,371 1 CI rr 1D r r` p N W 01111 N I2 n. O m m r N h T N N T N a v)• o N T 112" Compacted Sand Subgrade 8" Cement-Stabilized Sand Sub -Base (10% cement by weight) Prime Coat (0.15 Gal /SY) 2" HMAC Pavement (Type C) Surface Course 5" Cement - Stabilized Sand Subgrade (10% cement by weight) 15" Concrete Sidewalk (with toewall) Concrete Slurry Backfill (between sidewalk and revetment) 16" Concrete Header Curb Concrete Curb Ramp [Bollard and Steel Cable Pedestrian Rail C m E m C1 m Z c N Reflective Pavement Marking Type I (W) (4 ") (SLID) Reflective Pavement Marking Type I (Y) (4 ") (SLD) (DBL) Reflective Pavement Marking Type I (W) (CROSSWALK) (10' Wide) Reflective Pavement Marking (SYMBOL) (HANDICAP PARKING) Precast Concrete Wheel Stop Handicap Parking Sign Regulatoy Sign Traffic Control I Overlook Structure including Subgrade Prep and Foundation Traffic Rumble Strips 1 Precast Concrete Electrical Panel Wall 6" Concrete Curb and Gutter 5' Standard Curb Inlet J N as U LL cc p N 4' Dia. Concrete Storm Water Manhole (Type A} LTle into Existing 24" CMP Q Q Q Pr Q Q ONaM11. aaaa to a CD h NN .- N a aaa N a N bm amm thh C 8 T U LC C (0 8 i m LL a LI_O 11 O� o. n F- ± I-. z a W C: o U. gw 2 0. y W (� ❑ E m b) W a) 5 —348— C7 Ol C a) EXHIBIT "C" Page 1 of 3 Garrett Construction, Co. P.Q. Box 1028 Ingleside, TX 78362 AMOUNT co 0 r ,gypp an- 0) CO r 6"3 0 co M r O CO r r N $86,132.50 $20,237.60 $16,855.10 t°. N 01 C7 Y4 PART 0: ELECTRICAL IMPROVEMENTS 'I) {"{p"p c7 (0 $34,821.851 r `e 0` 0) $331,099.55 co 00 C) r O p ]- 0 {c' oD 0 0 0 r ADDITIVE ALTERNATE NO.2 PART F: SHORELINE REPAIRS I $29,680.001 tn. CD fD $59,502.001 $8,770.5 0 I�Dp 0) m o 0 0 f0 N co N UNIT PRICE $12.401 LO Of zE, Q M o V�3 $20,237.60 $16,855.10 $226,362.55 $34,821.85 $69,915.15 �°�Q 1C co $103.251 0a0OD b4 00 V► W "A m Constr., Ltd. ,IIy Road sill, TX 78467 AMOUNT t00 0c0 0r O $3,855.00 $25,893.50 0 ,r, co CO 0 0 0 0 0 0 0 Oi N 0 0 Pry 0 0 o 0 O c O ON) $60,000.00 0 0 m O ti N Q N O e.io00o co A N ONfao rD 0 0 O0O 0 p N X UNIT PRICE r 4- $116.00[ $1,285.00 "[1 H $19,000.00. $12,300.00 0 O 0 r N , O O 5 co N b9 $60,000.00 ADDITIVE ALTERNATE NO. 1 PART E: CONCRETE BENCHES FOR OVERLOOK $11,844.00j $2,980.00 $38.40: O N O)1r 0 C] 4f O 69, O O "Pt 69 ?rvices, LLC 3lenoak sti, TX 78418 AMOUNT $529.201 0 O In "ft $3,222.001 ti M O DO r co N V4 PART C: LANDSCAPING IMPROVEMENTS (00 0 ^ 00 N9 O M [fl Hi f0 r N co 0 N CI CO lA O N at N N Eft $82,248.00 $179,088.00 $11,844.00 0 r C9 "ti co 4'1 O$ 0 0' r 0' re r Vi $16,848.00 0 0 u9 $207,246.00 UNIT PRICE t0+)O t S $1,074.001 YO) "ft 00Q O C') 0 0 $67,920.00 $28,920.00 $82,248.00 O 0NN 0�6 $187.20 PACKERY CHANNEL, PHASE 2 - PARKING AND OVERLOOKS Project No. 3400 r�.l W lil J BASE BID PART B (items B -1 through B -9) J .�J r r BASE BID PART C (Items C -1 through C -2) w..I J J BID PART D (Items D -1 through D -3) E- 1__jConcrete Bench for Overlook Structure I 7 I EA ITOTAL ADDITIVE ALTERNATE NO. 1 (Item E -1) 0000_1 0 r CD 5 !+ r r r cru.)u r o oa,c 0 DESCRIPTION Trench Safety for Storm Water Pipe Trench Safety for Storm Water Manhole Adjust Existing Storm Water Manhole to Finish Grade Silt Fence for Storm Water Pollution Prevention Landscaping Six -Month Lanscaping Maintenance including Watering Furnish and install all electrical wiring, raceway systems, pullboxes as shown in the plans and specifications Furnish and install bollard lighting including outlets and foundations as shown on the plans and specifications Furnish and install all miscellaneous electrical and electrical systems including but not limited to panel boards, grounding systems, lighting contactors. disconnects, support systems, etc. (Filler Stone r O. a a N C. a 'a Cement Stabilized Fill 1_24" CMP L ADDITIVE ALTERNATE NO.2 (Items F -1 0 W m— co [" CO OC 0] 0) [h N U C r �] N co O LL N !i L7 LG. e� U. U7 I.G. cr F- N W Z Z [A 1i1 W I— P re x 0 N N • d fn 0 V 5 • C ca O 0 0 • , N 5? 0}- co Lu < Lli J I— Z 0_ Lit 0 • u. 0 0 i w Zi L.I � C) C W 0 'U 2 O U I "C O Q _ N of N mE W a 5u) 1--0 —349— e unit price shall EXHIBIT "C" Page 2 of 3 ,., �.,..,,.r,, I,V I et0 uu Garrett Construction, Co. P.O. Box 1028 Ingleside, TX 78362 AMOUNT 1A al co G 4- O H 444•0 r W W O ti ON/ O M w $331,099.55 0 v W O w $11,900.00 II C o o o W N et ei O! If1 co N W UNIT PRICE - � Haas - Anderson Constr., Ltd. 1401 Holly Road Corpus Chrisiti, TX 78467 AMOUNT $1,826,649.83 $1,751,331.10 $64,926.18 $66,161.10 $82,173.60 $31,300.00 0 0 0 0 0 N $2,152,837.61 1 $2,118,792.20 I $11,844.00 $20,860.00 $207,246.00 $246,462.00 $2,371,927.61 I $2,386,114.20 UNIT PRICE SafeNet Services, LLC 1321 Glenoak Corpus Christi, TX 78418 AMOUNT UNIT PRICE PACKERY CHANNEL, PHASE 2 - PARKING AND OVERLOOKS Project No. 3400 r z m BID SUMMARY PART A (Items A -1 through A-25) PART B (Items B -1 through B-9) - PART C (Items C -1 through C-2) PART 0 (Items D -1 through D-3) TOTAL. BASE BID (Parts A, B, C and D) 1TOTAL ADDITIVE ALTERNATE NO.1 (PART E) TOTAL ADDITIVE ALTERNATE NO.2 (PART F) 1RECCOMENDED FOR AWARD DESCRIPTION dUi I- m L F u u a u U 2 L 2 aNa LL I- H oc CI NO U ea Fa L6 d Z ea O U N z- 5 ? 0 ca w la- a W U O O r W z W I 2 Q y W L1 •E rn rn C W 'a u.i o: • N N _ OI N mE CUQ m a —350— T0 N .0 C cD U) tl1 ti CV co O N x 8 a. C D a) ca a�- ca G1 a) L co m a) m co Q .0 Li 2c o SE 3 E N Q1 2Q cc c tai H 'o • o) EXHIBIT "C" Page 3 of 3 PROJECT BUDGET PACKERY CHANNEL, PHASE 2 - PARKING AND OVERLOOKS Project No. 3400 November 9, 2010 FUNDS AVAILABLE: Reinvestment Zone No. 2 (Packery Channel) $3,109,595.96 FUNDS REQUIRED: Construction (SafeNet Services, LLC) $2,371,927.61 Contingencies 237,192.76 Consultant Fees: Consultant (Freese & Nichols, Inc.) $164,919.00 Consultant (Engineering & Construction Management Services) . $2,500.00 Consultant (URS Corporation) $24,706.00 Geotechnical Testing (Rock Engineering) $2,430.00 Estimated Construction Materials Testing $45,008.55 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $53,368.37 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 83,017.47 Construction Inspection 83,017,47 Finance Issuance 29,649.10 Misc. (Printing, Advertising, etc.) 11,859.64 TOTAL $3,109,595.96 ESTIMATED PROJECT BUDGET BALANCE * Some expenses shown were paid for through previous years' TIF budget. -351- ($0.00) EXHIBIT "D" Page 1 of 1 File : \ Mproject \councilexhibits \exh3400c.dwg 440 e f! .,." --.4111.-7,0 1 t LOCATION 'IMIK t',,, Gw , LOCATION �� MAP NOT TO SCALE D \� TO vv VV o 0 khVo PROJECT # 3400 a CORPUS CHRISTI ..41 _ -.I^ �P 7, I �r �f' e T: •�� \I , `I' 1 Peolo.%lbt Pork '',��V ... `! IS• 1 y` •t. a �� MAP � v w PACKERY CHANNEL PARKING LOT AND OVERLOOKS fF � �]y �1J 0 0 FV CYM "E" Wand Country VICINITY 11 SOUTH SIDE WALKWAYS EXHIBIT NOT TO SCALE PACKERY CHANNEL PROJECTS, PHASE 2 - PARKING AND OVERLOOKS CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of I DATE: 11/08/2010 MI UM ++• ■ Freese ltiC. Engine -r, Errvironinentat Scietilts Architect; S. Slaples, 5vite 2 03 October 14. 2010 I :Lrfws I, 7.t4 l t 381 tib ti)00 Pete Anava, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi.. 'Texas 78469 Re: Packer;. Channel Parking and Overlooks, Phase 2 City Project No.3400 Mr. 11naya: 361 5151 -650-1. Fax wa,wtfrea•wr•.i:nin The City ol'Corpus Christi received sealed bid proposals for the above referenced protects On September 29, 2010 at 2:00 p.m. at the City Secretary's office. Attached is a tabulation of these hied proposals. Three (7) sealed bids were. received In]: this construction project of the three proposals all were properly executed and submitted in compliance with the bidding requirements tor this project, We perii)rm d an analysis ()I the three responsive bids and found a minor arithmetical error in one ot. the bid proposals. This minor error_ however, did not affect the outcome of the ranking. No other errors or irregularities were noted on the proposal forms. The bid breakdown tier each of the three bidders is shown on the attached 'tabulation of Bids. and the Base Bids are summarized below: Bidder- Total Base Bid (iarroI Construction S2,096,403.40 Hans-Anderson Construction. Ltd. 52,118,792.20 SaleNel Services. Li.(: 52,1152,837.61 lii��i�rc rr.�' I;.rlrrrr�rlc 51,911,4$1.0(1 -353- Pete Anaya, P.E. October 14, 20 I 0 Page 2 of 3 No. I — CONCRETE BENCHES FOR OVERLOOK STRUCTURES No. 2 — URS SHORELINE REPAIRS Summarized below is the Total Amount Bid for each of the three bidders for the following recommended scope of work: Base Bid + Additive Alternate No. 1 + Additive Alternate No. 2 Bidder SafeNet Services, Ll C. Haas - Anderson Construction, Ltd. Garrett Construction Engineers' Esliinctle Total Amount Bid $2,371,927.61 $2,386,114.20 $2,395,903.40 $2,355,936.00 SafeNet Services is the apparent lowest Bidder for this project based on the Total Base Bid plus the Additive Alternates listed above.. SafeNet Services, LLC has provided all requested documentation (Items A -28, A -29 and A -30) and everything appears to be in order. Interviews of the references provided by SafeNet Services did not indicate problems or complaints with their performance on current projects (three of four references contacted). One of the current projects cited by SafeNet does appear to be comparable to the Packery Channel Phase 2 Parking and Overlooks project. The Richard Borchard Fairground Improvements Phase 11 includes RV and vehicle parking for 494 total parking spaces and the paving on this project includes both asphalt and concrete. The owner's representative for this project, Lew Shrier of Naismith Engineering, appears pleased with the work done by SafeNet Services (email correspondence attached). It was noted that SafeNet Services' bid item A6. 2" HMAC Pavement (Type C) Surface Course, appears very low. Since the possibility existed that SafeNet Services made an error in the bid form on this item I contacted David Alexander of SafeNet Services to verify it was correct. David Alexander stated that they will honor the unit price as hid. Attached is a statement from David Alexander regarding this matter. Based on the City's evaluation criteria for this project, SafeNet Services appears to be the lowest qualified Bidder and as such FNI recommends that the City award the construction contract for Packery Channel Phase 2 Parking and Overlooks (Project #3400) to SafeNet Services, LLC of Corpus Christi, Texas in the amount of $2,371,927.61 for the scope of work including: Base Bid + Additive Alternate No. I + Additive Alternate No. 2 —354— Pete Anaya, P.E. October 14, 2010 Page 3 of 3 If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Shane Torno, P.F. '7 � *► *C7 * \ * I (4y..., HANE in' TORN° j ,:....v.. S,• s T `.:... jo -i4 -lo Attachment: Tabulation of Bids A28, A29, and A30 from SafeNet Services, LLC Email Correspondence from Lew Shrier, Naismith Engineering Reference Check Statement from David Alexander Regarding Bid Item A6 -355- October 13, 2010 Mr. Shane Torno Freese and Nichols 5402 S. Staples St, Ste. 208 Corpus Christi, Texas 78411 RE: Packery Channel Projects Phase 2 Parking and Overlooks Mr. Torno: Regarding your telephone conversation with our office today requesting clarification of line item A6 on our proposal for the Packery Channel Projects Phase 2 Parking and.Overlooks: Base bid and all alternate pricing remain the same Should you have additional questions, please contact our Corpus Christi office (361) 937 -9300. Sincerely � i Ken Williams SafeNet Services, LLC cc: 10P190 file EXHIBIT "F" Page 4 of 4 ±2! Cricnnak I)rConsusC'lristi,'[ 7S,I80 Iel1361 37 -''3'f fax i,,3r)I 937 -,4853 Page 1 of 3 ORDINANCE ORDINANCE APPROVING THE TRANSFER OF $3,320,106.64 FROM NO. 1111 REINVESTMENT ZONE NO. 2 FUND TO AND APPROPRIATING IN THEN R L PROJECTS TIF #2 FUND FOR THE CONSTRUCTION OF PACKERY CHANNEL PHASE 2 -- PARKING AND OVERLOOKS PROJECT AND OTHER PROJECTS RELATING TO PACKERY CHANNEL; AMENDING THE FY 2009 -2010 CAPITAL BUDGET, ADOPTED BY ORDINANCE NO. 028449, BY INCREASING PROPOSED EXPENDITURES A ND REVENUES BY $881,106.64 EACH; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,320,106.64 in the No. 1111 Reinvestment Zone No. 2 Fund is transferred to and appropriated in the No. 3278 Packery Channel Projects TIF #2 Fund for the construction of Packery Channel Phase 2 -- Parking and Overlooks Project and other projects relating to Packery Channel. SECTION 2. That Ordinance No. 028449, which adopted the FY 2009 -2010 Capital Budget, is changed by increasing proposed expenditures and revenues by $881,106,64 for the construction of Packery Channel Phase 2 -- Parking and Overlooks Project and other projects relating to Packery Channel. SECTION 3. -That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Packery Phase II appropord -- 10272010.doc Joe Adame Mayor -357- Page 2 of 3 APPROVED: October 02, , 2010 R. Jaji R ping / First Assistant City Attorney For City Attorney Packery Phase II appropord — 10272010.doc —358— Corpus Christi, Texas day of ,2010 TO THE MEMBERS OF THE CITY COU Page 3 of 3 Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Packery Phase II appropord — 10272010.doc —359— 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/09/10 AGENDA ITEM: Resolution approving the formation of a Street Maintenance Finance Ad Hoc Advisory Committee to develop a street maintenance funding plan. ISSUE: There is a significant need for maintenance and repair of the City's streets. Improving City streets is one of the City Council's goals. The cost to first repair streets to a "good" condition, and then the cost for annual maintenance to retain that condition are extremely high and unattainable within the General Fund without creating another revenue source. The goal of the Street Maintenance Finance Ad hoc Advisory Committee will be to develop a funding plan that will provide funding for improvements and maintenance of street infrastructure. REQUIRED COUNCIL ACTION: Passage of the attached Resolution. PREVIOUS COUNCIL ACTION; • During City Council retreat, Council established "Improve the condition of City streets" as one of their major goals. • During the FY2010 -11 Budget process, Council approved moving $ 2,000,000 General Fund dollars into the Street Department budget for street improvements. • On August 31, 2010 passed Motion directing staff to come back with an agenda item to establish a five (5) member ad hoc committee to be chaired by Pat Veteto, appointed by the Mayor to look at options to put in place a permanent mechanism for street maintenance and report back to the Council with recommendations. CONCLUSION • ND RECOMMENDATION: royal of the Resolution. V . ii-`� 'e H. G , ay, P Director of Storm ater & Street Operations ValerieG @cctexas.corn 361.826.1872 or 361.826.1875 Attachments: Background Information —363— BACKGROUND INFORMATION City of Corpus Christi streets are recognized to be in need of significant work in order to improve their condition. Because of limited resources, repair /maintenance of streets has been deferred in order to keep expenses down. For a number of years the Street Department's budget has been cut due to overall General Fund Budget constraints. As a result, street maintenance and improvements not funded as part of a Bond Program has been deferred. Maintenance of streets by the City's Street Operations has primarily been reactive. Staff has determined that a one -time investment of $1,250,000,000 would be needed to improve all streets to a "good" condition. Additionally, using 20 -year lifecycle projections, an annual amount of $88,000,000 would be needed to maintain streets in that "good" condition. There is no dedicated funding source for street repair /improvement. In the past 24 years, 1986 — 2010, Bond Projects have provided approximately $1 0,000,000 per year for street improvements. Historically, each Bond dollar required for street repair has required an additional CIP dollar for utility repair /replacement within the street ROW. These funds have been provided by various utility departments and are not included in street repair and maintenance cost requirements. The current annual street maintenance budget from the General Fund is $11,000,000 (which includes $2,000,000 added by Council in FY2010). Nine million actual dollars (of the $11,000,000) are spent on street repairs. Staff is developing a minor street improvement contract (to be funded by the $2,000,000) that will be brought to Council for approval before the end of the year. This contract will be outsourced and will supplement street operations by performing reactive minor street repairs, allowing in -house City crews to focus on more preventative street maintenance work. It has been determined that budget reductions and reallocations of funds from other City functions cannot meet street funding requirements. An additional funding source is needed to improve the condition of city streets and to maintain streets in "good" condition. Council has directed staff to organize an ad hoc advisory committee to put in place a permanent mechanism for funding street maintenance and repairs. —364— RESOLUTION APPROVING THE FORMATION OF A STREET MAINTENANCE FINANCE AD HOC ADVISORY COMMITTEE TO DEVELOP A STREET MAINTENANCE FUNDING PLAN. Whereas, improving the condition of City streets is one of the City Council's goals; and Whereas, on August 31, 2010, the City Council approved a motion to direct staff to come back with an agenda item to establish a five (5) member ad hoc task force to be chaired by Pat Veteto, with committee members to be appointed by the Mayor, to look at options to put in place a permanent mechanism for funding street maintenance and report back to the Council with recommendations; and Whereas, staff has assessed the condition of all City streets and has determined that, if outsourced, a one -time initial cost of $1,250,000,000 (which includes total project costs of construction and administration) is needed to improve all streets to a "good" condition; and Whereas, staff has determined that an additional annual cost of $88,000,000 (20 -year lifecycle projection) is needed to maintain the streets in "good" condition after the initial repair is completed; and Whereas, there is no dedicated funding source for street repair /improvement; and Whereas, in the past 24 years, (1986 — 2010), Bond Projects have provided approximately $10,000,000 per year for street improvements; and Whereas, the current annual street maintenance budget from the General Fund is $11,000,000 (including $2,000,000 Council supplemented for street improvements in FY2010) of which $9,000,000 actual dollars are spent on street repairs; and Whereas, budget reductions and reallocations of funds from other City functions cannot meet street funding requirements; and Whereas, an additional funding source is needed to improve the condition of city streets and to maintain streets in "good" condition; and Whereas, historically, each dollar required for street repair has required an additional dollar for utility repair /replacement within the street ROW and these funds have been provided by various utility departments and are not included in street repair and maintenance cost requirements; and Whereas, street repair and maintenance should be limited to no more than 10% of the street system per year to limit disruption of traffic flow, and therefore, the repair program duration will be approximately 10 years; and K:\LEG- DIR\Lisa\2010 Resolutions\Street Maintenance Finance Committee ResolutionV3clean.doc —365- Whereas, staff has determined that the existing street centerline mileage is 1204 miles, and the existing street square yardage is 20,297,511 square yards; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City of Corpus Christi hereby creates an ad hoc committee composed of five (5) members to be appointed by the Mayor, to develop and evaluate a funding plan for street maintenance, with committee recommendations to be provided to City Council. Section 2. Committee name and membership. A. The committee shall be known as the. Street Maintenance Finance Ad hoc Advisory Committee. B. The committee members shall be City of Corpus Christi residents. The chair shall be Pat Veteto, who is a consultant engineer for the City. Additional committee members shall be as follows: a) One Certified Public Accountant b) One Representative from the Chamber of Commerce c) One Owner/manager of a roadway construction business d) One at large member. C. The committee is subject to compliance with the Texas Open Meetings Act. Section 3. The committee shall evaluate various funding options for street maintenance, including the following: A. Develop and evaluate funding options for a 10 -year street repair and maintenance program with annual expenditures of $125,000,000 for construction, engineering and project management, where construction, engineering, and project management would be outsourced. The maintenance budget during this period would be $9,000,000 and would be accomplished by City resources. B. Develop and evaluate funding options for .a perpetual street maintenance program with annual expenditures of $88,000,000 (20 -yr lifecycle projection). City resources would accomplish $9,000,000 of the annual maintenance work. Construction, Engineering and Project Management for the remainder would be outsourced. Section 4. Evaluation of funding options shall consider the following evaluation criteria: A. Match user cost with user benefit. B. Predictability and stability of funding source. C. Ease of implementation. D. Other evaluation criteria as determined by the Committee H:\LEG- DIR\Lisa\2010 Resolutions\Street Maintenance Finance Committee ResolutionV3clean.doc --366— Section 5. Staff support. A. The Director of Storm Water & Street Operations is designated as the City staff person to assist the committee with scheduling, record keeping, reporting, and other technical and administrative tasks that might be needed to support committee activities. in addition, research, data collection, calculations, report preparation, etc. will be provided by City staff. B. The following staff shall also attend meetings of the Committee to provide support as needed: City Director of Financial Services, Assistant Director of Street Operations, City Attorney or designated Assistant City Attorney. The City Financial Advisor shall also attend meetings of the Committee, as his schedule allows. Section 6. Schedule. The initial meeting of the Committee shall occur no later than January 31, 2011. The Committee shall develop a schedule to provide preliminary and final reports to the Council. Upon presentation of the final report to City Council, the Committee shall automatically be disbanded. Section 7. This Resolution shall be and become effective immediately and after its adoption and approval. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 26, 2010 'f Lisa Aguil ssistant City Attorney for the Cit ttorney Joe Adame Mayor 1- 1:\LEG- DIR1Lisa\2010 Resolutions\Street Maintenance Finance Committee ResolutionV3clean.doc —367— Corpus Christi, Texas of ,2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott i:;:::.r.;.:714.;:•!::141,,,F4::Upipt!:11.ri",:r:,:ri..