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HomeMy WebLinkAboutAgenda Packet City Council - 11/16/20105ell:Mitt/16 11:45 A.M. - Proclamation declaring November 20, 2010 as the "Corpus Christi Black Chamber of Commerce 67th Anniversary Gala" Proclamation declaring November 20, 2010 as "Spaulding for Children Day" and the month of November 2010 as "National Adoption Month" Proclamation declaring November 27, 2010 as "The Return of Emilio" Proclamation declaring the week of November 14 -20, 2010 as "National Hunger and Homelessness Awareness Week" Proclamation declaring December 7, 2010 as "CCAD/DLA/RDECOM Operation Christmas Spirit — 30th Anniversary" Commendation Certificate: Ms. Beth Huckabee, 2011 Texas Secondary Teacher of the Year Swearing -in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 NOVEMBER 16, 2010 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. • Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitedo, habra un interprete ingles -espaf of en todas las juntas del Concillo para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Margaret Serna, Baha'i Faith, Spiritual Assembly Secretary. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Mark Scott Council Members: Chris N. Adler City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Agenda Regular Council Meeting November 16, 2010 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: (NONE) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) 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.) 1. Motion authorizing the purchase of specialized equipment for a total amount of $331,575 from the 2009 State Homeland Security Program Grant (SHSP) and 2009 State Homeland Security Program — Law Enforcement Against Prohibition awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment # 1) 2. Motion approving the lease purchase of two (2) ambulances from Knapp Chevrolet, of Houston, Texas in the amount of $250,500. The award is based on the cooperative purchasing agreement with the Houston- Galveston Area Council of Governments (H -GAC). The ambulances will be used by the Agenda Regular Council Meeting November 16, 2010 Page 3 3. 4. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease/financing program. (Attachment # 2) a. Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $445,114 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or his designee to accept, reject, alter, or terminate the grant. (Attachment # 3) b. Ordinance appropriating $445,114 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities such as planning, organization, training, exercises, and purchase needed equipment. (Attachment # 3) a. Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $166,124 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or his designee to accept, reject, alter, or terminate the grant. (Attachment # 4) b. Ordinance appropriating $166,124 from the Texas Department of Public Safety, Texas Homeland Security - State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No 1062 Fire Grants Fund to carry out Homeland Security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. (Attachment # 4) Agenda Regular Council Meeting November 16, 2010 Page 4 5. 6. 7. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a Resolution authorizing the City Manager or his designee to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $317,419 with the Texas Department of Public Safety, Texas Homeland Security -- State Administrative Agency (TXHLS -SAA) for FY 1020 Homeland Security Grant Program (HSGP) Metropolitan Medical Response System (MMRS); and authorizing the City Manager or his designee, to accept, reject, alter, or terminate the grant. (Attachment # 5) b. Ordinance appropriating $317,419 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of Emergency Management, Health and Medical Systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment. (Attachment # 5) a. Resolution authorizing the City Manager or his designee to accept a three -month grant extension from the Texas Department of State Health Services for the Women, infants, and Children Program for October 1, 2010 — December 31, 2010, and to execute all related documents; and ratifying acceptance of the grant extension to begin as of October 1, 2010. (Attachment # 6) b. Ordinance appropriating estimated revenues of $461,467 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund due to a three -month grant extension from October 1, 2010 -- December 31, 2010, of the Women, Infants and Children Program. (Attachment # 6) a. Resolution ratifying acceptance of the second portion of the 2009 Continuum of Care ( "COC ") grant from the U.S. Department of Housing and Urban Development and execution of the grant funding agreements under the 2009 COC grant terms as follows: (1) $309,536 for the Salvation Army, (2) $142,720 for Goodwill Industries, (3) $142,569 for the Coastal Bend Alcohol and Drug Rehabilitation Center Agenda Regular Council Meeting November 16, 2010 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) doing business as Charlie's Place, and (4) $122,673 for the Nueces County Mental Health and Mental Retardation Community Center, for homeless supportive program renewal projects and activities; authorizing the City Manager or his designee to implement the second portion of the COC grant and execute all necessary and related documents. (Attachment # 7) b. Ordinance appropriating the second portion of the 2009 Continuum of Care grant from the U.S. Department of Housing and Urban Development in the amount of $717,498 in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewal projects and activities. (Attachment # 7) Resolution authorizing the City Manager or his designee to submit a grant application to the U. S. Department of Housing and Urban Development in the amount of $1,012,725 for the "HOME 2011" Continuum of Care Homeless Assistance grant and to execute all related documents. (Attachment # 8) 9. a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2010 -2011. (Attachment # 9) b. Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program. (Attachment # 9) c. Resolution authorizing the City Manager or his designee to execute a five -year lnterlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack Food Program. (Attachment # 9) 10. Ordinance appropriating $39,965.80 in developer contributions and $3,567.01 in interest earnings for a sum of $43,532.81 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. (Attachment # 10) Agenda Regular Council Meeting November 16, 2010 Page 6 11. 12. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $261,752 grant awarded by the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 11) b. Ordinance appropriating a $261,752 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program. (Attachment # 11) c. Resolution authorizing the City Manager or his designee to execute all documents necessary to contract with the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XIX Community Based Alternatives /Home Delivered Meals Program with reimbursement rate of $5.31 per unit for an estimated 10,000 meals. (Attachment # 11) a. Ordinance appropriating $100,000 from SMG in the No. 4710 Visitors Facilities Fund for American Bank Center Capital Expenditures; changing the FY 2010 -2011 Operating Budget, adopted by Ordinance No. 028683, by increasing both proposed revenues and expenditures by $100,000. (Attachment # 12) b. Ordinance appropriating $331,351.53 from the Reserved Fund Balance in the No. 4710 Visitors Facilities Fund for American Bank Center Arena Capital Improvements expenditures; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683, by increasing proposed expenditures by $331,351.53. (Attachment # 12) c. Ordinance appropriating $412,500 from the Reserved Fund Balance in the No. 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing proposed expenditures by $412,500. (Attachment # 12) Agenda Regular Council Meeting November 16, 2010 Page 7 13. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Motion to amend prior to second reading, the "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," by adding definition of "street yard" at sub - section 27- 3.08.06. (Attachment # 13) b. Second 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 severance; providing for penalties; providing for publication; and providing effective dates. (First Reading - 11/09/10) (Attachment # 13) I. 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. 14. Executive Session under Texas Government Code Section 551.071 regarding the City of McAllen et al v. Time Warner Cable, Case No. 7:10 -cv -00393 in the U.S. District Court for the Southern District of Texas McAllen Division, regarding cable franchise provisions for Public, Education, and Government access channels, with possible discussion and action in open session. J. PUBLIC HEARINGS: ZONING CASES: 15. Case No. 0910 -01, Bury +Partners -SA, Inc. from the "R-1B/SP" One - family Dwelling Permit and "R-1B" One- family Dwelling Neighborhood Business District resulting : A change of zoning District with Special District to the "B -1" in a change of land Agenda Regular Council Meeting November 16, 2010 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) use from a low density residential use to a commercial use. The property to be rezoned is Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F, and portions of Lots 3, 15, and 16, located south of Delano Drive between Robert Drive and Eldon Drive. (Attachment # 15) Planning Commission and Staff's Recommendation: Denial of the applicant's request and in lieu thereof, approval of the "R-1B/SP" One - family Residential District with a Special Permit in accordance with the attached Site Plan and subject to five (5) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Bury +Partners, -SA, Inc., by changing the Zoning Map in reference to Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F and portions of Lots 3, 15, and 16, located south of Delano Drive between Robert Drive and Eldon Drive, from "R- 1B/SP" One - family Dwelling District with Special Permit and "R- 1 B" One - family Dwelling District, to "R-1B/SP" One family Dwelling District with Special Permit, resulting in a change of land use from a One - family Dwelling use, certain lots with Special Permit and others without, to a One - family Dwelling use with a Special Permit assigned to all lots, subject to a Site Plan and five (5) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing for a repealer clause; providing a penalty; providing for publication. K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 16. Mayor's Veterans Memorial Task Force City Council Update (To be considered at approximately 3 :00 p.m.) (Attachment # 16) 17. Convention and Visitors Bureau Quarterly Report (Attachment # 17) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 18. Motion authorizing the City Manager or his designee to enter into an amended consulting agreement between the City of Corpus Christi and the Corpus Christi Convention and Visitors Agenda Regular Council Meeting November 16, 2010 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Bureau for a period extending from November 1, 2010 to July 31, 2015. (Attachment # 18) 19. Resolution adopting the City of Corpus Christi's State and Federal Legislative Program for 2011. (Attachment # 19) 20. Resolution approving the formation of a Street Maintenance Finance Ad Hoc Advisory Committee to develop a street maintenance funding plan. (Attachment # 20) 21. Motion approving the lease purchase of 85,000 96- gallon curbside recycle containers and 2,000 64- gallon curbside recycle containers from Toter Incorporated, Statesville, North Carolina for the total amount of $4,056,850, of which $440,087.16 is required for FY 2010 -2011. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection recycle program. Funds for the lease purchase of the curbside recycle containers will be provided through the City's lease /purchase financing program. (Attachment # 21) 22. Motion authorizing the City Manager or his designee to execute a construction contract with Gin -Spen, Inc., of Kennedale, Texas in the amount of $841,564 for the Base Bid for the Wooldridge Road Lift Station 24 -Inch Force Main Tie -In and Odor Control System. (Attachment # 22) 23. a. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $925,290 from the Texas Parks and Wildlife Department for the Clem's and Billing's Boat Ramp renovations and to execute all related documents. (Attachment # 23) b. Ordinance appropriating $425,290 from the Texas Parks and Wildlife Department's Boating Access Grant Program in the No. 1067 Park and Recreation Grants Fund for the construction of the Billing's Bait Stand and Clem's Boat Ramp Rehabilitation Project; amending the FY 2009 -2010 Capital Budget, adopted by Ordinance No. 028449 by increasing proposed expenditures and revenues by $425,290 each. (Attachment # 23) Agenda Regular Council Meeting November 16, 2010 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) c. Motion authorizing the City Manager or his designee to execute a construction contract with MB Western Industrial Contracting Company of Pasadena, Texas, in the amount of $1,013,720 for the Base Bid for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. (Attachment # 23) 24. Resolution of the City of Corpus Christi, Texas accepting the report of Trillion Aviation concerning the operations of the City's Airport; authorizing the City Secretary to accept and file such report; authorizing matters incident and related thereto; and providing an effective date. (Attachment # 24) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M.. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY 1S NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting November 16, 2010 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) N. CITY MANAGER'S COMMENTS: (NONE) 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin oard at the front entrance to City Hall, 1201 Leopard Street, at 9 15 p.m., on November 11, 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 164, rz LA' cuy nl Cmnm. cnn]b Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/16/2010 AGENDA ITEM: RECOMMENDATION: Motion authorizing the purchase of specialized equipment fora total amount of $331,575 from the 2009 State Homeland Security Program Grant (SHSP) and 2009 State Homeland Security Program — Law Enforcement Against Prohibition awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. ISSUE: The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Governor's Division of Emergency Management serves as the State's agent for the various grant programs. These funds provide first responders with enhanced capabilities for detecting, deterring, disrupting, preventing and responding to potential threats of man made, natural disaster and acts of terrorism. On November 10, 2009 the City Council approved to accept a grant in the amount of $1,750,442.43 from the Division of Emergency Management, Office of the Governor, to carry out designated homeland security activities as part of the 2009 Homeland Security Grant Program. The funds are provided for projects to enable communities to better prepare for and respond to terrorist incidents. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $331,575. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. 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. Michael Barrera Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 BACKGROUND INFORMATION The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Governor's Division of Emergency Management serves as the State's agent for the various grant programs. These funds shall be used to provide first responders with enhanced capabilities for detecting, deterring, disrupting, preventing and responding to potential threats ofman made, natural disaster and acts of terrorism. 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/16/2010 AGENDA ITEM: RECOMMENDATION: Motion approving the lease purchase of two (2) ambulances from Knapp Chevrolet, Houston, Texas in the amount of $250,500. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The ambulances will be used by the EMS Division of the Fire Department. Funds for the lease purchase of the ambulances will be provided through the city's lease /financing program. ISSUE: The two (2) ambulances are required to maintain the existing level of emergency medical response services within the community. 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. Micha- Barrera Assistant Director of mikeb @cctexas.com 361- 826 -3169 Attachments inancial Services BACKGROUND INFORMATION The two (2) ambulances will be used by the EMS Division of the Fire Department for emergency medical response services. These units are replacements to the fleet. Currently, the City operates nine frontline ambulances and five reserve units. These new units will replace two existing frontline ambulances which will be placed in reserve status. Two of the existing reserve units will be taken out of service and sold at public auction or transferred to another public agency. Award Basis: The two (2) ambulances 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. Lease Purchase of Ambulances The ambulances will be funded for a sixty -month period with an estimated interest rate of 3.25 %. The actual interest rate will be determined after acceptance of the ambulances. The estimated annual payment is $54,348.48. Total estimated cost over the sixty -month period, including principal of $250,500 and interest of $21,242.40, is $271,742.40. Price Comparison When compared to the last purchase made in 2009, pricing has increased approximately 4 %. Funding The amount of funds budgeted for fiscal year 2010/2011; $18,116.16, represents four months of lease payments. Pending Council approval of the award, the ambulances will be delivered in April 2011. Thus, four months of payments will be made during this fiscal year. Funds will be requested by the using department for FY 2011 -2012 and all subsequent budget years. CITY OF CORPUS CHRISTI BID TABULATION NO: Bi- 0051 -11 PURCHASING DIVISION AMBULANCE SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: NOVEMBER 16, 2010 Knapp Chevrolet Houston, TX Description Qty. Unit Unit Extended Price Price 2011 Type I, Ambulance, 3500 6.0 liter gas engine with air suspension package. TOTAL: 2 each $ 125,250.00 $250,500.00 0.500.00 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/16/2010 AGENDA ITEM: Item A. A resolution authorizing the City Manager, or his designee, to execute the FY 2010 sub - recipient agreement (SRA) and all related documents in the amount o f$445,114.00 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS- SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the city manager, or his designee, to accept, reject, alter, or terminate the grant. Item B. An ordinance appropriating $445,114.00 from the Texas Department of Public Safety, Texas Homeland Security —State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Grant Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities such as planning, organization, training, exercises, and purchase needed equipment; and declaring an emergency. ISSUE: The Texas Department of Public Safety has informed the City that our jurisdiction has been awarded a State Homeland Security Program -Law Enforcement Terrorism Prevention Activities grant in the amount of $445,114.00 from the Fiscal Year 2010 Homeland Security Grant Program. The grant places emphasis on law enforcement terrorism prevention and protection- oriented activities such as planning, organization, training, exercises and needed equipment purchases. A need analysis has been conducted which has identified planning, training, exercise and equipment needs. Bids will be secured for the purchase of the equipment. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute a sub - recipient agreement, accept the grant, and appropriate funds. PREVIOUS COUNCIL ACTION: Council has previously approved accepting funds from the 2003, 2006, and 2009 State Homeland Security Grant Programs. CONCLUSION AND RECOMMENDATION: Staff recommends approving the resolution and ordinance to execute a sub - recipient agreement, accept the grant, and appropriate funds in the amount of $445,114.00 Attachments 1. Resolution 2. Ordinance 3. Notice of Sub - recipient Award 4. Sub - recipient Agreement —1 1 — Richard (looks Fire Chief RLH @cctexas.com 826 -3932 BACKGROUND INFORMATION The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety /State Administrative Agency serves as the State's agent for the various grant programs. These funds shall be used to provide law enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FY 2010 SUB - RECIPIENT AGREEMENT (SRA) AND ALL RELATED DOCUMENTS IN THE AMOUNT OF $445414.00 WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TEXAS HOMELAND SECURITY — STATE ADMINISTRATIVE AGENCY (TXHLS -SAA) FOR FY 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP), STATE HOMELAND SECURITY PROGRAM (SHSP); AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT, REJECT, ALTER, OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the 2010 Sub - Recipient agreement and all related documents in the amount of $445,114.00 with the Texas Department of Public Safety for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA). ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 10, 2010 By: T ` risha Dang Assistant City Attorney For City Attorney Corpus__ Christi, Texas. of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING $445,114.00 FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TEXAS HOMELAND SECURITY — STATE ADMINISTRATIVE AGENCY (TXHLS -SAA), FY 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP), STATE HOMELAND SECURITY PROGRAM (SHSP), INTO THE NO. 1062 FIRE GRANTS FUND TO CARRY OUT LAW ENFORCEMENT TERRORISM PREVENTION AND PROTECTION- ORIENTED ACTIVITIES SUCH AS PLANNING, ORGANIZATION, TRAINING, EXERCISES, AND PURCHASE NEEDED EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $445,114.00 is appropriated from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities such as planning, organization, training, exercises, and purchase needed equipment. SECTION 2. That upon written request of the Mayor or five Council. Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of November, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to for9x'November 10, 2010 T. Tritha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas -Da Far ;zo10 - 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 STEVEN C. MCCRAW DIRECTOR LAMAR BECKWORTH CHERYL MaccBRIDE DEPUTY DIRECTORS v TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N. LAMAR BLVD • SOX 4087 • AUSTIN, TEXAS 78773 -0001 512/424 -2000 www.txdps.state.tx.us October 26, 2010 The Honorable Joe Adame Mayor, City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 -9277 Dear Mayor Adame: COMMISSION ALLAN B. POLUNSKY, CHAIR C. TOM CLOWE, JR. ADA BROWN JOHN STEEN CARIN MARCY BARTH Please find enclosed Homeland Security Grant Program (HSGP) sub - recipient award documents for your review and signature acceptance as the Chief Elected Official for your area. Funds received under this grant award are to be used to address potential and real time challenges in response to acts of terrorism and all- hazards events only and administered using the following governance documents listed in priority level: FY 2010 Homeland Security Appropriations Act; Presidential Directives; Federal Statutes; Federal Regulations; Office of Management and Budget (OMB) Circulars; Terms and Conditions of award; FY 2010 HSGP Grant guidance; Department of Homeland Security (DHS) Policy; FEMA Policy; and Texas Homeland Security — State Administrative Agency (TXHLS -SAA) Policy. The attached FY 2010 Sub- Recipient Agreement(s) (SRA) with Terms and Conditions requires your review, signature of acceptance/agreement, and return to the TXHLS -SAA as directed below. Response to this award offer must be received even if you decide to decline the award. The SRA must be filled out and signed by the person indicated in the address box of the award document. Signature by anyone other than that person will only be accepted as a valid signature of acceptance of the award and agreement to follow grant fund requirements if a letter of designation from the person approved to sign the award is attached indicating he /she authorizes that person to sign on their behalf. Please note that authorization for signature will be deemed as acceptable for signing any documents going forward that pertain to this award unless the Letter of authorization indicates otherwise. You will need to fill in the contact information; sign and date the Sub - Recipient Award(s); certify you have read, understand, and accept the Terms and Conditions (T &Cs) by initializing the bottom of each page of the T &Cs; populate the contact information located in the section entitled EQUAL OPPQRTUIIIIIY EMPLOYER COURTESY • SERVICE • PROTECTION "Restrictions, Disclaimers and Notices" of the T &Cs; certify agreement to the statements provided in Exhibits A, B, and C located at the back of the T &Cs by filling in contact information- signing all exhibits; and return all documents to the TXHLS -SAA by the due date provided in the bottom - left corner of the Sub - Recipient Award(s) box 13. In addition, the TXHLS -SAA must have a current Direct Deposit Authorization from your organization in order to transfer grant funds electronically to a designated bank account to reimburse you for grant - funded expenses. An electronic version of this form is available for you to download, populate and send to the TXHLS -SAA on the Texas State Comptroller's website at: http: / /www. window. state, tx. us /taxinfo /taxforms /74- 158.pdf . If you submitted a completed Direct Deposit Authorization form with prior acceptance documents for HSGP awards, you do not need to submit another authorization unless your bank account information has changed or you wish to receive reimbursement by check instead of by direct deposit. This HSGP SRA offer will be withdrawn if the required materials are not received at the TXHLS- SAA with a postmark no later than the due date indicated on your SRA(s). Extensions to this date will not be granted. You must submit required documents by the due date to the following address: Texas Department of Public Safety TXHLS- State Administrative Agency 1033 La Posada, Suite 100 Austin, TX 78752 Please retain a copy of each document submitted to the TXHLS -SAA for your records. If you have any questions, please contact Edwin Staples at 512 - 377 -0002. Sincerely, Janice E. Bruno Director TXHLS -SAA JEB:es EQUAL OPPQR IY EMPLOYER COURTESY • SERI • PROTECTION October 20, 2010 ��Sfil?�Prri+ 2010 Sub - Recipient Award for City of Corpus Christi ial e, and; Address 2. Prepared by: Seals, Freddie 13, SAA Award Number: 10 -SR 17000 -01 Mayor Joe Adame City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Peifer01 r nt It at)OIL �1 Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: 2010 -SS -T0 -0008 Date Federal Grant Awarded to TxDPS: August 1, 2010 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate Ai Wi gnto t n rant rell[uio n® ' ' t om fir„ SHSP -LETPA Award Amount (Federal) CFDA: 97.073 $445,114.00 Grant Period: From: Aug 1, 2010 To: Jul 31, 2012 (The SAA must receive all invoices by the end of grant period) 6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public Law 111 -83). 7. Method of Payment: Primary method is reimbursement. 8. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and its contractors /vendors are not debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov.2.8.9029.0 ell'Si'PDtiC Approving TxDPS Official: Janice E. Bruno, Administrator State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: oftaze. it I have read and understand the attached Terms and Conditions. AC eptance Type name and title of Authorized Sub - Recipient official: Joe Adame, Mayor City of Corpus Christi Signature of Sub - Recipient Official: 11. Enter Employer identification Number (EiN) / Federal Tax Identification Number: 74- 6000574 13. DUE DATE: December 4, 2010 12. Date Signed : Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. _19- 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/16/2010 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute the FY 2010 Sub - Recepient Agreement (SRA) and all related documents in the amount of $166,124.00 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA) for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager, or his designee, to accept, reject, alter, or terminate the Grant. B. Ordinance appropriating $166,124.00 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out Homeland Security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities; and declaring an emergency. ISSUE: The Texas Department of Public Safety has informed the City that our jurisdiction has been awarded a State Homeland Security Program grant in the amount of $166,124.00 from the Fiscal Year 2010 Homeland Security Grant Program. The purpose of the grant is to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. A need analysis has been conducted and specialized equipment has been identified. Bids will be secured for the purchase of the equipment. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute a subrecipient agreement, accept the grant and appropriated funds. PREVIOUS COUNCIL ACTION: Council has previously approved accepting funds from the 2003, 2006 and 2009 State Homeland Security Grant Programs. CONCLUSION AND RECOMMENDATION: Staff recommends approving the resolution and ordinance to execute a subrecipient agreement, accept the grant and appropriate funds in the amount of $166,124.00 Attachments 1. Resolution 2. Ordinance 3. Notice of Sub - recipient Award 4. Sub - Recipient Agreement -23- Richard Hooks Fire Chief RLHpcctexas.com 826 -3932 BACKGROUND INFORMATION The U.S. Department of Homeland Security annually issues grants to the State of Texas. The Governor's Division of Emergency Management serves as the State's agent for the various grant programs. These funds shall be used to provide emergency response communities with enhance capabilities for detecting, deterring, disrupting, preventing and responding to potential threats of man- made, natural disaster and acts of terrorism RESOLUTION AUTHORIZING . THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FY 2010 SUB - RECIPIENT AGREEMENT (SRA) AND ALL RELATED DOCUMENTS IN THE AMOUNT OF $166,124.00 WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TEXAS HOMELAND SECURITY — STATE ADMINISTRATIVE AGENCY (TXHLS -SAA) FOR FY 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP), STATE HOMELAND SECURITY PROGRAM (SHSP); AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT, REJECT, ALTER, OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the 2010 Sub - Recipient agreement and all related documents in the amount of $166,124.00 with the Texas Department of Public Safety for FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA). ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 10, 2010 B Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of ,2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING $166,124.00 FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TEXAS HOMELAND SECURITY -- STATE ADMINISTRATIVE AGENCY (TXHLS -SAA), FY 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP), STATE HOMELAND SECURITY PROGRAM (SHSP), INTO THE NO. 1062 FIRE GRANTS FUND TO CARRY OUT HOMELAND SECURITY PROJECTS THAT WILL SIGNIFICANTLY IMPROVE LOCAL AND REGIONAL TERRORISM PREVENTION, PREPAREDNESS, RESPONSE, AND RECOVERY CAPABILITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $166,124.00 is appropriated from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of November, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form November 10, 2010 T. Tri'ha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas Day , 2010 - -... - ....... . TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor 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 STEVEN C. McCRAW DIRECTOR LAMAR BECKWORTH CHERYL MacBRIDE DEPUTY DIRECTORS TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N. LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001 512/424 -2000 www.txdps.state.tx.us October 26, 2010 The Honorable Joe Adame Mayor, City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 -9277 Dear Mayor Adame: COMMISSION ALLAN B. POLUNSKY, CHAIR C. TOM CLOWE, JR. ADA BROWN JOHN STEEN CARIN MARCY BARTH Please find enclosed Homeland Security Grant Program (HSGP) sub - recipient award documents for your review and signature acceptance as the Chief Elected Official for your area. Funds received under this grant award are to be used to address potential and real time challenges in response to acts of terrorism and all- hazards events only and administered using the following governance documents listed in priority level: FY 2010 Homeland Security Appropriations Act; Presidential Directives; Federal Statutes; Federal Regulations; Office of Management and Budget (OMB) Circulars; Terms and Conditions of award; FY 2010 HSGP Grant guidance; Department of Homeland Security (DHS) Policy; FEMA Policy; and Texas Homeland Security — State Administrative Agency (TXHLS -SAA) Policy. The attached FY 2010 Sub - Recipient Agreement(s) (SRA) with Terms and Conditions requires your review, signature of acceptance /agreement, and return to the TXHLS-SAA as directed below. Response to this award offer must be received even if you decide to decline the award. The SRA must be filled out and signed by the person indicated in the address box of the award document. Signature by anyone other than that person will only be accepted as a valid signature of acceptance of the award and agreement to follow grant fund requirements if a letter of designation from the person approved to sign the award is attached indicating he /she authorizes that person to sign on their behalf. Please note that authorization for signature will be deemed as acceptable for signing any documents going forward that pertain to this award unless the letter of authorization indicates otherwise. You will need to fill in the contact information; sign and date the Sub - Recipient Award(s); certify you have read, understand, and accept the Terms and Conditions (T &Cs) by initializing the bottom of each page of the T &Cs; populate the contact information located in the section entitled EQUAL OPPO T NITYEMPLOYER COURTESY .�8�1j3E • PROTECTION "Restrictions, Disclaimers and Notices" of the T &Cs; certify agreement to the statements provided in Exhibits A, B, and C Located at the back of the T &Cs by filling in contact information- signing all exhibits; and return all documents to the TXHLS -SAA by the due date provided in the bottom - left corner of the Sub- Recipient Award(s) box 13. In addition, the TXHLS -SAA must have a current Direct Deposit Authorization from your organization in order to transfer grant funds electronically to a designated bank account to reimburse you for grant- funded expenses. An electronic version of this form is available for you to download, populate and send to the TXHLS -SAA on the Texas State Comptroller's website at: http: / /www. window. state.tx.us /.taxinfo /taxforms /74- 158.pdf . If you submitted a completed Direct Deposit Authorization form with prior acceptance documents for HSGP awards, you do not need to submit another authorization unless your bank account information has changed or you wish to receive reimbursement by check instead of by direct deposit. This HSGP SRA offer will be withdrawn if the required materials are not received at the TXHLS- SAA with a postmark no later than the due date indicated on your SRA(s). Extensions to this date will not be granted. You must submit required documents by the due date to the following address: Texas Department of Public Safety TXHLS- State Administrative Agency 1033 La Posada, Suite 100 Austin, TX 78752 Please retain a copy of each document submitted to the TXHLS -SAA for your records. If you have any questions, please contact Edwin Staples at 512- 377 -0002. Sincerely, Janice E. Bruno Director TXHLS -SAA JEB:es EQUAL OPPO JTYEMPLOYER COURTESY C-■ PROTECTION )ate of October 20, 2010 Texas Department of Public Safety 2010 Sub - Recipient Award for City of Corpus Christi 1 S ul tips lnt lame and Addresi; 2. Prepared by; Seals, Freddie 13. SAA Award Number: 10 -SR 17000 -01 Mayor Joe Adame City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 a� "Federal GrJit;.*til######X., Federal Grant Title: Homeland Security Grant Program (HSGP) State Homeland Security Program(SHSP) Federal Grant Award Number: 2010- SS -T0. -0008 Date Federal Grant Awarded to TxDPS: August 1, 2010 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate ountanli2: rant reagltd� SHSP Award Amount (Federal) CFDA: 97.073 $166,124.00 Grant Period: From: Aug 1, 2010 To Jul 31, 2012 (The SAA must receive all invoices by the end of grant period) l�j 6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public Law 111 -83). 7. Method of Payment: Primary method is reimbursement. 8. Debarment /Suspension Certification: The Sub- Recipient certifies that the sub - recipient and its contractors /vendors are not debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http: / /www.epls.gov.2.89029.0 '!l 1'.±N SsF�„ a� r ue Ti Approving TxDPS Official: Janice E. Bruno, Administrator State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: okuze. itecip ent AcCeptan e I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub - Recipient official: Joe Adame, Mayor City of Corpus Christi Signature of Sub - Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 74-6000574 12. Date Signed : 13. DUE DATE: December 4, 2010 Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due data. -31- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/16/10 AGENDA ITEM: A. Resolution authorizing the City Manger, or his designee, to execute the FY 2010 Sub - Recipient Agreement (SRA) and all related documents in the amount of $317,419.00 with the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS- SAA) for FY 1020 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authoring the City Manager, or his designee, to accept, reject, alter, or terminate the Grant. B. Ordinance appropriating $317.419.00 from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the 1062 Fire Grants Fund to support the integration of Emergency Management, Health and Medical Systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment; and declaring an emergency. ISSUE: The Texas Department of Public Safety has informed the City that our Jurisdiction has been awarded a State Homeland Security Program - Metropolitan Medical Response System Program grant in the amount of $317,419.00 from the Fiscal Year 2010 Homeland Security Grant Program. The grant places emphasis on supporting the integration of emergency management, health, and medical systems into a coordinated response to mass casualty incidents caused by any hazard. This coordinated response will reduce the consequences of a mass casualty incident during the initial period. An analysis has been conducted as to what is needed to achieve a successful coordinated response by area responders. Plans will be formulated and implemented and equipment will be purchased. REQUIRED COUNCIL ACTION: Council approval is required to authorize the City Manager to execute a subrecipient agreement, accept the grant and appropriated funds. PREVIOUS COUNCIL ACTION: Council has previously approved accepting funds from the 2003, 2006 and 2009 State Homeland Security Grant Programs. CONCLUSION AND RECOMMENDATION: Staff recommends approving the resolution and ordinance to execute a subrecipient agreement, accept the grant and appropriate funds in the amount of $317,419.00 Attachments 1. Resolution 2. Ordinance 3. Notice of Sub - recipient Award 4. Sub- Recipient Agreement —35— Richard Hooks Fire Chief RLHcctexas.com 826 -3932 BACKGROUND INFORMATION The U.S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety/ State Administrative Agency serves as the State's agent for the various grant programs. These funds shall be used to provide emergency response communities with enhance capabilities for detecting, deterring, disrupting, preventing and responding to potential threats of man- made, natural disaster and acts of terrorism RESOLUTION AUTHORIZING ..THE.... CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE FY 2010 SUB - RECIPIENT AGREEMENT (SRA) AND ALL RELATED DOCUMENTS IN THE AMOUNT OF $317,419.00 WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TEXAS HOMELAND SECURITY — STATE ADMINISTRATIVE AGENCY (TXHLS -SAA) FOR FY 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP), METROPOLITAN MEDICAL RESPONSE SYSTEM (MMRS); AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT, REJECT, ALTER, OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute the 2010 Sub - Recipient agreement and all related documents in the amount of $317,419.00 with the Texas Department of Public Safety for FY 2010 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS). SECTION 2. in the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS-SAA). ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS .CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 10, 2010 B T. risha Dang Assistant City Attorney For City Attorney Corpus_. Christi, Texas _.._ . . of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING ..$317,419.00 FROM THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TEXAS HOMELAND SECURITY — STATE ADMINISTRATIVE AGENCY (TXHLS -SAA), FY 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP), METROPOLITAN MEDICAL RESPONSE SYSTEM PROGRAM (MMRS), INTO THE NO. 1062 FIRE GRANTS FUND TO SUPPORT THE INTEGRATION OF EMERGENCY MANAGEMENT, HEALTH AND MEDICAL SYSTEMS INTO A COORDINATED RESPONSE TO MASS CASUALTY INCIDENTS CAUSED BY ANY HAZARD, AND PURCHASE MEDICAL EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $317,419.00 is appropriated from the Texas Department of Public Safety, Texas Homeland Security — State Administrative Agency (TXHLS -SAA), FY 2010 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of November, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to forrr�.. November 10, 2010 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas -Day-of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott STEVEN C. McCAAW DIRECTOR LAMAR BECKWORTH CHERYL MacBRIOE DEPUTY DIRECTORS TEXAS DEPARTMENT OF PUBLIC SAFETY 5805 N. LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773 -0001 512/424-2000 www.txdps.state.tx.us October 26, 2010 The Honorable Joe Adame Mayor, City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 -9277 Dear Mayor Adame: COMMISSION ALLAN B. POLUNSKY, CHAIR C. TOM CLOWE, JR. ADA BROWN JOHN STEEN GARIN MARCY BARTH Please find enclosed Homeland Security Grant Program (HSGP) sub- recipient award documents for your review and signature acceptance as the Chief Elected Official for your area. Funds received under this grant award are to be used to address potential and real time challenges in response to acts of terrorism and all- hazards events only and administered using the following governance documents listed in priority level: FY 2010 Homeland Security Appropriations Act; Presidential Directives; Federal Statutes; Federal Regulations; Office of Management and Budget (OMB) Circulars; Terms and Conditions of award; FY 2010 HSGP Grant guidance; Department of Homeland Security (DHS) Policy; FEMA Policy; and Texas Homeland Security — State Administrative Agency (TXHLS -SAA) Policy. The attached FY 2010 Sub - Recipient Agreement(s) (SRA) with Terms and Conditions requires your review, signature of acceptance/agreement, and return to the TXF LS -SAA as directed below. Response to this award offer must be received even if you decide to decline the award. The SRA must be filled out and signed by the person indicated in the address box of the award document. Signature by anyone other than that person will only be accepted as a valid signature of acceptance of the award and agreement to follow grant fund requirements if a letter of designation from the person approved to sign the award is attached indicating he/she authorizes that person to sign on their behalf. Please note that authorization for signature will be deemed as acceptable for signing any documents going forward that pertain to this award unless the letter of authorization indicates otherwise. You will need to fill in the contact information; sign and date the Sub- Recipient Award(s); certify you have read, understand, and accept the Terms and Conditions (T &Cs) by initializing the bottom of each page of the T &Cs; populate the contact information located in the section entitled EQUAL OPPORTUNITY EMPLOYER COURTESY •SERVICE • PROTECTION "Restrictions, Disclaimers and Notices" of the T &Cs; certify agreement to the statements provided in Exhibits A, B, and C Located at the back of the T &Cs by filling in contact information- signing all exhibits; and return all documents to the TXHLS-SAA by the due date provided in the bottom - left corner of the Sub- Recipient Award(s) box 13. In addition, the TXHLS-SAA must have a current Direct Deposit Authorization from your organization in order to transfer grant funds electronically to a designated bank account to reimburse you for grant- funded expenses. An electronic version of this form is available for you to download, populate and send to the TXHLS-SAA on the Texas State Comptroller's website at: http: / /www.window. state. tx .us /taxinfo /taxforms /74- 158.pdf . If you submitted a completed Direct Deposit Authorization form with prior acceptance documents for HSGP awards, you do not need to submit another authorization unless your bank account information has changed or you wish to receive reimbursement by check instead of by direct deposit. This HSGP SRA offer will be withdrawn if the required materials are not received at the TXHLS- SAA with a postmark no later than the due date indicated on your SRA(s). Extensions to this date will not be granted. You must submit required documents by the due date to the following address: Texas Department of Public Safety TXHLS- State Administrative Agency 1033 La Posada, Suite 100 Austin, TX 78752 Please retain a copy of each document submitted to the TXHLS-SAA for your records. If you have any questions, please contact Edwin Staples at 512 - 377 -0002. Sincerely, Janice E. Bruno Director TXHLS-SAA JEB :es EQUAL OPPORTUNITY EMPLOYER COURTESY • SEFJISE • PROTECTION October 20, 2010 Texas Department of Public Safety 2010 Sub - Recipient Award for City of Corpus Christi ie�t���,i11e ary the Mayor Joe Adame City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 2. Prepared by: Seals, Freddie 13. SAA Award Number: 10 -SR 17000 -01 Federal Grant Title: Homeland Security Grant Program (HSGP) Metropolitan Medical Response System (MMRS) Federal Grant Award Number: 2010 -SS -T0 -0008 Date Federal Grant Awarded to TxDPS: August 1, 2010 Federal Granting Agency: Department of Homeland Security FEMA Grant Programs Directorate j,s rii r P h Kkc0? MMRS Award Amount (Federal) CFDA: 97.071 $317,419.00 Grant Period: From: Aug 1, 2010 To: Jul 31, 2012 (The SAA must receive all invoices by the end of grant period) 6. Statutory Authority for Grant: This project is supported under Department of Homeland Security Appropriations Act, 2010 (Public Law 111 -83). 7. Method of Payment: Primary method is reimbursement. 8. Debarment /Suspension Certification: The Sub - Recipient certifies that the sub - recipient and its contractors /vendors are not debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency and do not appear in the Excluded Parties List System at http : / /www.epls.gov.2.8.9029.0 .74 F�f1 13Y- rover r " ii Approving TxDPS Official: Janice E. Bruno, Administrator State Administrative Agency Texas Department of Public Safety Signature of TxDPS Official: &hoe l�cipJerlt Acc ptaltc I have read and understand the attached Terms and Conditions. Type name and title of Authorized Sub - Recipient official: Joe Adame, Mayor City of Corpus Christi Signature of Sub - Recipient Official: 11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number: 74- 6000574 12. Date Signed : 13. DUE DATE: December 4 2010 Signed award and Direct Deposit Form (if applicable) must be returned to TxDPS on or before the above due date. -43- 6 AGENDA MEMORANDUM City Council Action Date: November 16, 2010 AGENDA ITEM: ITEM A: AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A THREE -MONTH GRANT EXTENSION FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM FOR OCTOBER 1, 2010 — DECEMBER 31, 2010, AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT EXTENSION TO BEGIN AS OF OCTOBER 1, 2010. ITEM B: APPROPRIATING ESTIMATED REVENUES OF $461,467 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND DUE TO A THREE -MONTH GRANT EXTENSION FROM OCTOBER 1, 2010 — DECEMBER 31, 2010, OF THE WOMEN, INFANTS, AND CHILDREN PROGRAM; AND DECLARING AN EMERGENCY. ISSUE: The Bureau of Clinical and Nutrition Services, Department of State Health Services (DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to low income pregnant and postpartum women as well as infants and children. This program is known as the Women, infants and children (WIC) program. Services are performed in accordance with the terms and specifications of the DSHS and the United States Department of Agriculture (USDA). Based on a reimbursement of $12.08 for each participant, the attached budget reflects the operational needs of the WIC program for a three -month extension of fiscal year 09 -10 from October 1, 2010 through December 31, 2010. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY09 -10. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance as presented. ( 1 ,KA- Annette Rodriguez, M.P.H. Director of Public Health annetter cctexas.com 361 -826- 205 BACKGROUND INFORMATION The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that is successful in improving the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. The current FY 09/10 contract is from 10/01/09 through 09/30/10. This item is a three -month extension to the current contract from October 1, 2010 through December 31, 2010 with the Department of State Health Services (OSHS) to provide services to low income women, infants, and children with additional funding. The main goal of the WIC program is to educate mothers about proper nutrition for their babies and young children. The WIC division serves an average of 5,000 WIC clients per month. { A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A THREE -MONTH GRANT EXTENSION FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM FOR OCTOBER 1, 2010 — DECEMBER 31, 2010, AND TO EXECUTE ALL RELATED DOCUMENTS; AND RATIFYING ACCEPTANCE OF THE GRANT EXTENSION TO BEGIN AS OF OCTOBER 1, 2010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a three -month grant extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for October 1, 2010 — December 31, 2010, and to execute all related documents. Additionally, the City Council ratifies the acceptance of the grant extension to begin as of October 1, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 26, 2010 L i 444 Eliz- • = h R. Hun• ley Assi . nt City Attorney for the City Attorney EHres281 —49— Joe Adame Mayor pg. 1 Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres281 —50— PS. 2 AN ORDINANCE APPROPRIATING ESTIMATED REVENUES OF $461,467 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND DUE TO A THREE -MONTH GRANT EXTENSION FROM OCTOBER 1, 2010 — DECEMBER 31, 2010, OF THE WOMEN, INFANTS, AND CHILDREN PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Estimated revenues, in the amount of $461,467 from the Texas Department of State Health Services, is appropriated in the No. 1066 Health Grants Fund due to a three -month grant extension of the Women, Infants, and Children Program. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: October 26, 2010 Eliza •i R. Hundley Assis - nt City Attorney for the City Attorney EHord320 —51— CITY OF CORPUS CHRISTI Joe Adame Mayor pg. 1 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord320 —52— pg. 2 DEPARTMENT OF STATE HEALTH SERVICES Amendment To The Department of State Health Services (DSHS) and CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (C1TY)Corpus Christi Nueces County Public Health District (City) (Contractor) agree to amend the Program Attachment # 001B (Program Attachment) to Contract # 2010 - 033567 (Contract) in accordance with this Amendment No. ODIC: NSS -WIC LOCAL AGENCY- NOIMM effective 8/10/2010 . The purpose of this Amendment is to increase contract amount and extend contract due to realignment of FY10 funds. Therefore, DSHS and Contractor agree as follows: Change Program Attachment No. as follows: PROGRAM ATTACHMENT NO. OR R DA Change Contract Term as follows: TERM: 10/1/2009 THRU: 12/31/2010 SECTION VII. BUDGET, is revised as follows: SOURCE OF FUNDS: CFDA # 10.557; 10.557.013 All categories of costs billed to DSHS WIC Program, and allocation of such costs, shall be in accordance with the "Plan to Allocate Direct Costs" (PADC) submitted by Contractor and approved by the DSHS WIC Program. This document is incorporated herein by reference and made a part of this Program Attachment. Total reimbursements will not exceed $1,313,717.00. Page - 1 of 2 -53- All other terms and conditions not hereby amended are to remain in full force and effect. In the event of a conflict between the terms of this contract and the terms of this Amendment, this Amendment shall control. Department of State Health Services Contractor Signature of Authorized Official Signature of Authorized Official Date: Evelyn Delgado Assistant Commissioner for Family and Community Health Services 1100 WEST 49TH STREET AUSTIN, TEXAS 78756 (512) 458 -7321 Evelyn.Delgado@dshs.state.tx.us Date: Name: Title: Address: Phone: Email: Page - 2 of 2 _54_ 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16, 2010 AGENDA ITEM: A. A RESOLUTION RATIFYING ACCEPTANCE OF THE SECOND PORTION OF THE 2009 CONTINUUM OF CARE ( "COC ") GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND EXECUTION OF THE GRANT FUNDING AGREEMENTS UNDER THE 2009 COC GRANT TERMS AS FOLLOWS: (1) $309,536 FOR THE SALVATION ARMY, (2) $142,720 FOR GOODWILL INDUSTRIES, (3) $142,569 FOR THE COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER DOING BUSINESS AS CHARLIE'S PLACE, AND (4) $122,673 FOR THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER, FOR HOMELESS SUPPORTIVE PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO IMPLEMENT THE SECOND PORTION OF THE COC GRANT AND EXECUTE ALL NECESSARY AND RELATED DOCUMENTS. B. AN ORDINANCE APPROPRIATING THE SECOND PORTION OF THE 2009 CONTINUUM OF CARE GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $717,498 IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. ISSUE: Ratifying the acceptance, appropriation and execution of agreements for the remaining balance of $717,498 of the initially approved $1,012,724; 2009 Continuum of Care grant received from HUD. REQUIRED COUNCIL ACTION: Ratifying the acceptance and appropriation of the remaining appropriation of $717,498, and execution of agreements regarding the second portion of the 2009 Continuum of Care grant funds for The Salvation Army, Goodwill Industries, Coastal Bend Alcohol and Drug Rehabilitation Center dba Charlie's Place and Nueces County Mental Health and Mental Retardation. PREVIOUS COUNCIL ACTION: 1) On October 27, 2009, the City Council approved a resolution to submit the "HOME 2010" also known as the 2009 Continuum of Care grant application to HUD. 2) On May 25, 2010, the City Council approved a resolution appropriating the first portion of the 2009 Continuum of Care grant program in the amount of $134,971 for Wesley Community Center and $160,255 for Corpus Christi Metro Ministries for an initial appropriation of $295,226. CONCLUSION AND RECOMMENDATION: Ratify, accept and appropriate the remaining allocation of the 2009 Continuum of Care Grant funds for Community Planning and Development Programs totaling $717,498 for 2010/2011 projects and activities, and execute all necessary and related documents. Eddie Ortega Neighborhood Services Director Eddieo @cctexas.com 361.826.3234 BACKGROUND INFORMATION As the Lead Agency of the Continuum of Care grant application, the City of Corpus Christi is responsible for the planning and coordinating of the Continuum of Care process. This includes coordinating meetings, adhering to certain timetables set forth by the grant application process, writing the grant narrative, ensuring that each submitted proposal meets the eligibility threshold and packaging /submitting the Continuum of Care grant application by its due date. As the Fiscal Agent of the Continuum of Care grant application, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each subrecipient to ensure program compliance and all other responsibilities associated with grant administration. The following is a breakdown of the 2009 Continuum of Care grants funding application. The total below represents the HUD allocation inclusive of the match requirements provided by each recipient. Entity /Program Term of Agreement Budget 1 The Salvation Army /Project Bridge for Families Transitional Housing The Salvation Army /Project Bridge for Singles Transitional Housing September 1, 2010 — August 31, 2011 $181,142 $128,394 2 Goodwill Industries of South Texas/WORK 2000 Supportive Services October 1, 2010 — September 30, 2011 $142,720 3 Charlie's Place Sunrise Recovery House /Supportive Services October 1, 2010 — September 30, 2011 $142,569 4 Nueces County Mental Health and Mental Retardation September 1, 2010 — August 31, 2011 $122,673 Total Appropriation $717,498 Less CoC administration for the City of Corpus Christi <$17,937> Projects total $699,561 It is estimated that the economic impact of the total Continuum of Care award of $1 million will be approximately $5 million which far exceeds the value of the grant itself. Each agency project-must-provide- both -a local match -ttn-cl rrddilioHal -- leveraging funds in order to be considered for the award. The estimated $5 million is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the Continuum of Care offer additional leveraging of funds and other program related services in the fight against (chronic) homelessness. The Homeless Issues Partnership (HIP) Committee continues to support the City of Corpus Christi Lead Agency /Fiscal Agent position as an advisory capacity role. The long - standing relationship and processes established and maintained by the HIP Committee and Community Development remains in place, thus allowing for a seamless and continuation of homeless services. The Continuum of Care grant program is a renewal award for the purposes of providing for very specific services and programs through the above for mentioned recipients. Of the total Continuum of Care award of $1,012,724, the City of Corpus Christi will obtain 21/2% of 5% of the grant allocation for the grant administration equaling $25,318. In the first and second portion of the 2009 Continuum of Care grant, the City of Corpus Christi receives $7,381 and $17,937, respectively, for grant administration. • •••• • • • • •• • • . • :..• yeflurntv ament Proam Program auger 1201 Chtisti . iteopak, • : • • • • LI Deai. mr, Bentaricout .,, • : ..: • . g". bink'17.'"%';' eC5i:1°4h ed', 7P-11(41i°11. is a list tli4t acco0J11..598""4:T .......................... :., ....................... 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' OA • : ' " " ''• '3 ,g)."1. 4.14'..tf.1•-• iiiro .. . :ely.T.I.' - . : . -,:..,•,..• : , ef,:§414...:: ' • ......,..:.....:;..,':::..4t.r1.1:.:::::,;;;::::...-;.:::....‘ .!.:...'.:...-..' :' 1itirl'if- : 6it",-.'7..„.:-..f.:::::!::::.,.,:-i•,•9--e,w-.. .1 :' '''.6. :. .: '. :.:•.,,..:: ottn .,,,sditx:S. :...:,:!•-••-!.:':::::SiOk1777,,:i—, :.:.....: .C.:Prt". fricePtT17:',.fit,6‘ " ' t:,-r-•::•,- ...'.•. :.;.:::, :......-:',."' ' : P ....:.1":, • -' ti:6„i-171::'•;::::::•::.;::, '.-• '.,:: :•i.-;,.i.::::::'!::',',....::::,.:,::r:::':::' gradl.an • • ,•-••• 4101, Y these " u Use "60:;j44k1.-40ii,•'• • 04..ii*ogiuletter., • ii,•4b94t effective mairner • - ,, • • ••' .• . • : • •• • •• •••• ...•••••• • • '...••••••••,-; ' • TX0022B6JO1 0802 Coastal Bend Alcohol & Drug Rehabilitation Center dba Charlie's Place Sunrise Recovery He $ 142,569 (Appropriated through City Council Action on May 25, 2010) TX0023 B6J010802 Corpus Christi Metro Ministries, Inc. Rustic House $ 160,255 TX0024136J010802 Goodwill Industries of South Texas, Inc. WORK 2000 $ 142,720 TX0025B6J010802 Nueces County Mental Health & Mental Retardation Community Center Project HOME $ 122,673 TX0026B6JO1 0802 The Salvation Army, a Georgia Corporation Project Bridge for Families $ 181,142 TX0027B6J010802 The Salvation Army, a Georgia Corporation Project Bridge for Singles $ 128,394 TX0028B6J010802 Wesley Community Center Wesley Community Center Child Care $ 134,971 (Appropriated through City Council Action on May 25, 2010) Total Award : $1,012,724 A RESOLUTION RATIFYING ACCEPTANCE OF THE SECOND PORTION OF THE 2009 CONTINUUM OF CARE ( "COC ") GRANT FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND EXECUTION OF THE GRANT FUNDING AGREEMENTS UNDER THE 2009 COC GRANT TERMS AS FOLLOWS: (1) $309,536 FOR THE SALVATION ARMY, (2) $142,720 FOR GOODWILL INDUSTRIES, (3) $142,569 FOR THE COASTAL BEND ALCOHOL AND DRUG REHABILITATION CENTER DOING BUSINESS AS CHARLIE'S PLACE, AND (4) $122,673 FOR THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER, FOR HOMELESS SUPPORTIVE PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO IMPLEMENT THE SECOND PORTION OF THE COC GRANT AND EXECUTE ALL NECESSARY AND RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council ratifies acceptance of the second portion of the 2009 Continuum of Care ( "COC ") Grant from the U.S. Department of Housing and Urban Development and execution of the grant funding agreements under the 2009 COC Grant terms as follows: (1) $309,536 for the Salvation Army, (2) $142,720 for Goodwill Industries, (3) $142,569 for the Coastal Bend Alcohol and Drug Rehabilitation Center doing business as Charlie's Place, and (4) $122,673 for the Nueces County Mental Health and Mental Retardation Community Center, for homeless supportive program renewal projects and activities. Furthermore, the City Manager or his designee is authorized to implement the second portion of the COC Grant and execute all necessary and related documents. ATTEST: Armando Chapa City Secretary APPROVED: October 27, 2010 lir ,d_ 4 Alf / k.A4./4,4 . A, Eliz- • ; th R. Hundle Ass - nt City Attorney III for the City Attorney EHres282 —63— CITY OF CORPUS CHRISTI Joe Adame Mayor Page 1 of 2 Corpus -Chris -ti Te day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres282 Page 2 of 2 -64- AN- ORDINANCE APPROPRIATING THE SECOND PORTION OF THE 2009 CONTINUUM OF CARE GRANT FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $717,498 IN THE NO. 1071 COMMUNITY ENRICHMENT FUND FOR HOMELESS SUPPORTIVE HOUSING PROGRAM RENEWAL PROJECTS AND ACTIVITIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of $717,498 from the U.S. Department of Housing and Urban Development for the second portion of the 2009 Continuum of Care Grant is appropriated in the No. 1071 Community Enrichment Fund for homeless supportive housing program renewal projects and activities. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2010. ATTEST: Armando Chapa City Secretary APPROVED: October 27, 2010 Eliza •e h R. Hundley Assis t City Attorney for the City Attorney EHord321 —65— CITY OF CORPUS CHRISTI Joe Adame Mayor Page 1 of 2 __Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord321 _66_ Page 2 of 2 CITY COUNCIL AGENDA MEMORANDUM Date: November 16, 2010 AGENDA ITEM: Resolution authorizing the City Manager or his designee to submit a grant application to the U.S. Department of Housing and Urban Development in the amount of $1,012,725 for the "HOME 2011" Continuum of Care Homeless Assistance grant and to execute all related documents. REQUIRED COUNCIL ACTION: Authorize the submittal of the "HOME 2011" Continuum of Care grant application in the amount of $1,012,725 to HUD for supportive housing program activities for the homeless. RECOMMENDATION: Staff recommends approving as submitted. E• die Ortega Neighborhood Services Director Eddieoacctexas.com 361.826.3234 ADDITIONAL SUPPORT MATERIAL Background Information City Resolution BACKGROUND INFORMATION The City of Corpus Christi and Homeless Issues Partnership (HIP), Inc. work in partnership in addressing the provisions of services to persons that are homeless for the Corpus Christi/ Nueces County area. The mission of the HIP is to serve as a regional coalition of agencies, individuals and businesses that address and resolve issues related to homelessness in the Coastal Bend through actions, resources and education. The helm of the Continuum of Care (CofC) grant application presides with the City of Corpus Christi. As the Lead Agency, the City of Corpus Christi is responsible for the planning and coordinating of the CofC process. This includes coordinating meetings, adhering to certain timetables set forth by the application process, writing the grant narrative, ensuring that each submitted proposal meets the eligibility threshold and packaging /submitting the CofC grant application by its due date, As the Fiscal Agent, the City of Corpus Christi is the administrator of the grant, responsible for monitoring each Subrecipient to ensure program compliance and all other responsibilities associated with grant administration. The following is the breakdown for the "HOME 2011" CofC grant application. The total below represents the U.S. Department of Housing and Urban Development (HUD) amount of request provided by each recipient inclusive of their local agency match requirement. 2010/2011 HUD CofC Projects Continuum of Care for Homeless (CofC) Amount of Local Agency Tune Proposed Local Projects Reguest Match Charlie's Place - Sunrise Recovery House $142,569 $33,945 R -SS Corpus Christi Metro Ministries - Rustic House $160,255 $44,907 R -TH Goodwill Industries of South Texas - Work 2000 $142,720 $34,180 R -SS Nueces County MHMR - Project HOME $122,673 $28,502 R -PH The Salvation Army - Project Bridge for Families $181,143 $53,751 R -TH The Salvation Army - Project Bridge for Singles $128,394 $39,360 R -TH Wesier Community Center - Child Care $134,971 $32,136 R -SS "Type" Codes: R= Renewal Project; SS- Supportive Services; TH= Transitional Housing; and, PH= Permanent Housing for Persons with Disabilities. It is estimated that the economic impact of the CofC grant application far exceeds $5 million which surpasses the value of the grant itself. Each agency project must provide both . a local match (see above table) and additional leveraging funds in order to be considered for the award. The $5 million is based on the earning potential of those who have completed the programs in the past, and are now working, living and shopping in Corpus Christi. Subsequently, many other agencies operating in the CofC offer additional leveraging of funds and other program related services in the fight against .(chronic).homelessness. _.._ . _... _... Historically, the local community was required by HUD to `rank' the need priority of agencies presenting proposals seeking HUD funding, for both new and renewal projects during the CofC grant development process. For the second year, HUD only requires that the local community determine if an application seeking renewal should be `approved' or 'disapproved' for inclusion in the CofC HUD grant application. Renewal applications do not need to be ranked. Only new applications must be ranked in prioritization order 0 his year, there were no new project applications submitted for consideration. After a threshold review process, City staff recommended approval for all seven renewal projects. They based this recommendation on prior year's project performance and outcomes. HIP will continue to support the City of Corpus Christi Lead Agency /Fiscal Agent role in an advisory capacity. The long- standing relationship and processes established and maintained by HIP and the City of Corpus Christi's Neighborhood Services Department/Office of Community Development will continue, thus allowing for a continuation of homeless services. The City of Corpus Christi will receive 2'/ of 5% of the grant allocation for the Continuum of Care grant administration which is included in the total grant. This equates to approximately $25,318. The CofC grant application will be submitted to HUD on Thursday, November 18, 2010. OL1JTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN THE AMOUNT OF $1,012,725 FOR THE "HOME 2011" CONTINUUM OF CARE HOMELESS ASSISTANCE GRANT AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT SECTION 1. The City Manager or his designee is authorized to submit a grant appli- cation to the U. S. Department of Housing and Urban Development in the amount of $1,012,725 for the "HOME 2011" Continuum of Care Homeless Assistance Grant and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 19, 2010 `' Elizati th R. Hundley Assistant City Attorney for the City Attorney EHres260 Joe Adame Mayor Page i of 2 Corpus Christi, Texas day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHres280 Page 2 of 2 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2010- 2011. B. Ordinance appropriating a grant in the amount of $208,000 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program; and declaring an emergency. C. Resolution authorizing the City Manager or designee to execute a five -year Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack Food Program. ISSUE: In order to provide after school supplements (snacks) for the after school enrichment programs at the Latchkey sites, the City Council must A) appropriate $208,000 in grant funds from the Texas Department of Agriculture to operate the Child and Adult Care food program for youth enrolled in after school enrichment programs B) approve and execute an Interlocal Cooperation Agreement with CCISD for the preparation and delivery of snacks to the sites approved by the Child and Adult Care Food Program. This program requires no city matching funds for qualifying sites. REQUIRED COUNCIL ACTION: Action is required to accept and appropriate grant funds and authorize the City Manager, or his designee, to execute all related contracts and documents for the FY 10 -11 Child and Adult Care Food Program for youth enrolled in after school enrichment programs. PREVIOUS COUNCIL ACTION: The City Council has for fifteen (15) years approved a similar youth nutrition grant related to the Summer Recreation Programs. In addition, the City Council has also approved the Child and Adult Care Food Program grant for the past seven school years. FUNDING: U.S. Dept of Agriculture and Texas Dept of Agriculture grant funds. Funding level will remain same as last fiscal year. CONCLUSION AND RECOMMENDATION: Staff recommends the City Council appropriate the Child and Adult Care Food Program grant and approve the Interlocal Cooperation Agreement with Corpus Christi Independent School District ( CCISD). Mich el Morris, Directo Parks and Recreation Department 361 -826 -3464 michaelmo @cctexas.com Attachments: Background Information Notice of Grant Funding Interlocal Agreement with CCISD BACKGROUND INFORMATION The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational and/or enrichment activities. In order to qualify for this program, a site must: a) provide youth with regularly scheduled activities in an organized, structured and supervised environment, b) include educational and /or enrichment activities as part of the programming, c) be located in an area served by a school where 50% or more of the youth enrolled are eligible for free or reduced price school meals. The Parks and Recreation Department has a total of 24 Latchkey sites that qualify for meal service based on eligibility. Sites to be served are: Casa Linda Elementary, Club Estates Elementary, Fannin Elementary, Houston Elementary, Meadowbrook Elementary, Menger Elementary, Carroll Lane Elementary, Gloria Hicks Elementary, Galvan Elementary, Kostoryz Elementary, Moore Elementary, Sanders Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Chula Vista Elementary , Crocket Elementary, Los Encinos Elementary, Montclair Elementary, Oak Park Elementary, Schanen Elementary, Wilson Elementary, Prescott Elementary, and Woodlawn Elementary. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. These sites are: Barnes Elementary, Dawson Elementary, Mireles Elementary, Jones Elementary, Windsor Park Elementary, and Webb Elementary. The Latchkey program subsidizes the snacks for these sites. Latchkey sites in the Calallen and Flour Bluff Independent School Districts are provided snacks through similar grants awarded to those districts. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into a contract with CCISD to prepare and deliver snacks at a rate of $.65 per snack for the school year beginning October 1, 2010 - June 4, 2011 (based on Federal funding year). CCISD will also maintain and provide menu preparation records. The snack consists of fruit/vegetable, milk/juice and dessert. It is estimated that approximately 19,000 youth per month are served after school snacks. At each site, city staff will verify daily snack counts and distribute snacks to youth. Total program costs are to be provided by the State's reimbursement. No City funds will be utilized for this program, but an ordinance is necessary to appropriate the grant of $208,000 in order to implement the program. CCISD has approved the food service agreement. Page 1 of 1 Reba George - Program Year 2011 CACFP Approval To: <margaretp{,ectexas.com> Date: 10/8/2010 10:10 AM Subject: Program Year 2011 CACFP Approval To view this email as a web page, go here, TEXAS DEPARTMENT OF AGRICULTURE TODD STAPLES COMMISSIONER October 8, 2010 Dear CACFP Contractor: Thank you for returning your completed CACFP update /renewal letter. Your participation for Program Year 2011 has been updated, and you can now view your 2010 -2011 Program Year information in SNAPS. As a reminder, please report all changes as soon as they occur following the normal process. If you have questions, please contact your local program eligibility specialist. Thank you. Community Operations Food and Nutrition Division Texas Department of Agriculture Coming, Next Year: ELECTRONIC .tPPLIC. TIO\ RENEWALS AND UPDATES Were nr.rvame carer a New Leaf v,ith TX UNP s you knotty TDt is developing a fl woyo tr n.to eogioolitInte tires wiminhowitigm of ilia National School L'tneh. and Sohtrol,Dreakfaat Programs. the Chad and Adak Care Ford Program,. the Summer Food Service Program, and the Food Distribution Programs The Taxies Unified Nutrition Programs Syetetn ('LX- IXNPS) will help you arid 'li'E A *or+e rigor, 'l ittugt`, ii r rtnd can et. Oar goat ie that you will aatcr your application renewals and updates electronically into TX -UNPS beginning with tom 201.2 gmgrnni yoke, Additional details and training will be truvinctl alt 1wr art toot itnplementatiau, Stay tuned. tin. moos exciting details] Visit bttpiff :1i1lrefi.Teiu Agrimrlturra.gaw to Imp tutee of our magmas. This email was sent to: margaretp @cctexas.com Go here to leave this mailing list or modify your email profile. We respect your right to privacy. Dew our policy. Powered by ngageMali This email was sent by: TX Dept. of Agriculture 1700 North Congress, Room 1125E , Austin , TX, 78701 , USA —79- file://C :\Documents and Settings\RebaG\Local Settings\ Temp \XPgrpwise14CB8389ACityHallP... 10/15/2010 Page 1 of 4 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK CHILD AND ADULT CARE FOOD PROGRAM This Interlace! Cooperation Agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its duly authorized City Manager ( "City Manager ") or the City Manager's designee, and the Corpus Christi Independent School District ( "District "), acting through its duly authorized Superintendent or the Superintendent's designee, for purposes of the Texas Interlace! Cooperation Act, Government Code, Chapter 791, as amended, to achieve efficiency in meeting intergovernmental responsibilities. WHEREAS, the City is sponsoring the Child and Adult Care Food Program, a federally - funded and state- administered program to provide after school snacks to school -age children at approved after school program sites; and, WHEREAS, the District agrees to provide unitized snack -sized meals, inclusive of milk or juice, • to City for a fixed fee; NOW, THEREFORE, the City and District, in consideration of the mutual covenants contained herein, agree as follows: Section 1. Term. This Agreement begins October 1, 2010, and continues for up to five school years, through approximately June 10, 2015. Section 2. Consideration. Initially, the City shall pay the District $0.65 per snack -sized meal ( "Snack" or "Snacks ") provided to City by the District. Thereafter, the City Manager is authorized to approve annual amendment to this Agreement to adjust the cost per snack, so long as the annual increase does not exceed 5% from the previous year's cost. The District will maintain its food service operation at its facility, which will be utilized for the preparation and packaging of the Snacks, during the term of this Agreement. Section 3. Nutrition Assurances. The District shall ensure that each Snack will meet the minimum nutrition value and content requirements currently mandated and as may be hereafter promulgated by the Texas Department of Agriculture for supplemental food components, in accordance with the Child and Adult Care Food Program - Child Care Center Regulations, which are incorporated in this Agreement by reference as if fully set out herein. Section 4. Record Keeping. (A) District must maintain full and accurate records which must include the following: (1) Menu Records, which will include the amount of food prepared and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated into this Agreement by reference; and Snack Records, which 3ecureShare \LegaiINEW ADMINISTRATIONIContracts & AgreementrACIIy of Corpus Christi (Child and Adult Care Food Program)\Contraot - City of CC(Atter School Snack Grant)9- 2g -1037C —80— Page 2 of 4 will include the daily number of Snacks delivered by type and which comply with the requirements described in the Child and Adult Care Food Program - Child Care Center Regulations that are incorporated in this Agreement by reference. (B) District must provide monthly reports of Menu Records and Snack Records to the City's Park and Recreation Director of Programs, or designee, within ten (10) business days following the end of the preceding month in which Snacks were provided to City. (C) District must make all records and accounts pertaining to the Child and Adult Care Food Program available to representatives of the U.S. Department of Agriculture, the U.S. General Accounting Office, or the Texas Department of State Health Services for audit and administrative review at a reasonable time and place. (D) District must retain the Menu Records and Snack Records for three (3) years plus ninety (90) days following the termination of this Agreement, or so long as an audit of the Menu Records, Snack Records, or both, is in progress. Section 5. Program Coordination. The City's Park and Recreation Director of Programs, or the Director of Program's designee, shall place a daily order with the District's Food Service Director, or the Food Service Director's designee, and must specify the number of Snacks needed by type, the sites at which the Snacks are needed, and the time by which the Snacks must arrive at each site. Section B. Food Service Employees. The District's food service employees shall be responsible for transporting and delivering the Snacks to each site. The District's food service employees will continue to be District employees for the term of this Agreement and are, therefore, subject to the District's policies and regulations. The City's officers, employees, representatives, and agents shall not exercise any control nor supervision over District's food service employees at any time during the term of this Agreement. Section 7. Payment, The District shall invoice the City on a monthly basis for all Snacks provided to the City by District. The City must pay the invoice within two Fridays after receipt of same. Section 8. Current Revenue. All money spent for the Child and Adult Care Food Program must be spent out of currently available revenue of the City and District. Section 9. Governmental Service. This Agreement is between the City and the District for the purpose of providing snacks at City - sponsored after school program sites and is not for the benefit of any third party or individual. Section 10. Non - Assignment. Neither this Agreement, nor any interest therein, is assignable or transferable, in whole or in part, directly or indirectly, without the prior consent of the City and the District; however, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. iecure -SharelLegal\NEW ADMINISTRATLONIConlracts & AgreementslCIty of Corpus Christi (Child and Adult Care Food Frogram)\Contrset - City of CC(After School Snack Granl)9- 29 -10.DC -81— Page 3 of 4 Section 11. Laws. Both the City and District shall comply with all applicable Federal, State, County, and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance thereunder. Section 12. Modifications. No changes or modifications to this Agreement may be made, or any provision waived, unless made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 13. Severance Clause. If for any reason any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it does not affect any other section, paragraph, subdivision, . clause, provision, phrase, or word of this Agreement, for it is the definite intent of this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given ' full force and effect for its purpose. Section 14. Termination. Either party may terminate this agreement by providing sixty (60) days advance written notice of termination. Any notices under this agreement to the City shall be sent certified mail, return receipt requested, and mailed to: City of Corpus Christi Attn: Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78403 Any notices under this agreement to the District shall be sent certified mail, return receipt requested, and mailed to: Corpus Christi Independent School District Attn: Jody Houston, Director for Food Services 4922 Westway Corpus Christi, Texas 78408 Section 15. Entirety Clause. This Agreement and any documents incorporated by reference constitute the entire agreement between the City and District. All other agreements, promises, and representations, unless contained in this Agreement, are expressly revoked as the parties intend to provide for a complete understanding, within the provisions of this Agreement and its incorporated documents, of the terms, conditions, promises, and covenants relating to each party's agreed performance. 3e cureSherelLegaMEW ADMINISTRATCONMCantraets & Agreements\Clty al Corpus Christi (Child and Adult Care Food Program »Contract - City of CC(Afler School Snack Grant)9- 28 -10. DC —82— Page 4 of 4 EXECUTED IN DUPLICATE, each of which shall be considered an original, on this the day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary 'Angel R. Escobar, City Manager APPROVED AS T9 LEGAL FORM i • r z , 2010. d Lisa Aguila l ssistant City Attorney For City Attorney ATTEST: CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: Name: Title: Date: By: fAbVt) Name: D. Scott Elliff Title: Superintendent of Schools Date: /0/6//e9 6/ e9 APPROVED AS TO LEGAL FORM this /.14 day of GY , 2010. By: John J. Janssen Staff Attorney for CCISD lecureSharelLegalINEW ADlullNlSTRATIOMContracts & AgreamentslClty of Corpus Christi (Child and Adult Care Food Program)IContracl - Cltyof CC(Afler School Snack Grant)9- 29 -1O.DC —83— F A RESOLUTION Page 1 of 2 AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A $208,000 GRANT FROM THE TEXAS DEPARTMENT OF AGRICULTURE CHILD AND ADULT CARE FOOD PROGRAM TO PROVIDE AFTER SCHOOL SNACKS TO YOUTH ENROLLED IN AFTER SCHOOL PROGRAMS FOR FY 2010 -2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all documents necessary to accept a $208,000 grant from the Texas Department of Agriculture Child and Adult Food Care Program to provide after school snacks to youth enrolled in after school programs for FY 2010 -2011. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adam, Mayor APPROVED: October 14, 2010 °..A .. Lisa Agui# Assistant City Attorney For City Attorney H:1LEG- DIR1Lisa12O10 Resolutions\RES- authGrant- AfterSchooEp r.Qgram.doc Page 2 of 2 Corpus Christi, Texas Day of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:1LEG- DIR\Lisa12010 ResolutionslRES- authGrant- AfterSchooFcceligpgram.doc —ORDNANCE Page 1 of 2 APPROPRIATING A GRANT IN THE AMOUNT OF $208,000 FROM THE TEXAS DEPARTMENT OF AGRICULTURE IN THE NO. 1087 PARKS AND RECREATION GRANTS FUND TO OPERATE THE CHILD AND ADULT CARE FOOD PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $208,000 grant from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation grants fund for Child and Adult Care Food Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 14, 2010 Lisa Agu1Jafr Assistant City Attorney For City Attorney H:1LEG- DIRIi-isa12010 OrdinancelORD- appropGrant AfterSchai a k.doc —Corpus- Christi, Texas Day of , 2009 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Page 2of2 For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H:1LEG- DIR \Lisa12010 Ordinancel ORD- appropGrant- AfterSchoolryck.doc RESOLUTION Page 1 of 2 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A FIVE-YEAR INTERLOCAL COOPERATION AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE AFTER SCHOOL SNACK FOOD PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a five -year Interlocal Agreement with the Corpus Christi Independent School District for the after school snack food program. A copy of the agreement is attached. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 12, 2010 Lisa Aguila Assistant City Attorney For City Attorney Joe Adame Mayor H:1LEG- DIR \Lisa12010 Resolutions\Res -CCISD After School Snacks.doc -88- Page 2 of 2 Corpus Christi, - Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott H:1LEG- DIR1Lisa12010 ResolutionslRes -CCISD After School Snacks.doc _89— 10 CITY COUNCIL -AGENDA-MEMORANDUM-- City Council Action Date: November 16, 2010 AGENDA ITEM: Ordinance appropriating $39,965.80 in developer contributions and $3,567.01 in interest earnings for a sum of $43,532.81 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects; and declaring an emergency. ISSUE: Periodic appropriation of interest and contributions by ordinance is required. This appropriation will cover interest and contributions accumulated January 12, 2010 through October 11, 2010. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to appropriate funds. PREVIOUS COUNCIL ACTION: On April 20, 2010 Council appropriated $257,913.35 in developer contributions and interest earnings in the No. 4720 Community Enrichment Fund for park improvements, changing ordinance #028683 which adopted the FY 2010 -2011 operating budget. CONCLUSION AND RECOMMENDATION: The Platting Ordinance requires that land or money is dedicated for the creation of neighborhood parks when residential subdivisions are designed and constructed by private developers. These funds are deposited into the No. 4720 Community Enrichment Fund in separate accounts for each park. Funds are appropriated periodically. Michael Morris, Director Parks and Recreation Department MichaelMo @cctexas.com 361 - 826 -3464 Attachments: Background Detail of interest and developer contributions BACKGROUND INFORMATION The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. The Platting Ordinance provides that, should the City accept the fee in lieu of land, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one -half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas. Effective December 17, 2007, City Council approved Ordinance No. 027527 which established a Park Development Fee of $200 per dwelling unit. The fee may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan. On March 23, 2010 Council approved Ordinance No. 028535 which amended Section IV.G.6.b. Fee in Lieu of Land by including a cap on the fair market value of $62,500 per acre. Unrestricted /Land Acquisition account (21300): 1) Not restricted to 1.5 mile radius 2) Funded by interest earnings from restricted park balances and donations Unrestricted /Park Development Fee (21300) 1) Fee based on number of dwelling units in subdivision /development 2) Restricted to development of a public recreational area that will serve the subdivision /development Other park balances within the fund: 1) Restricted to 1.5 mile radius 2) Funded by developer contributions 3) Park balances do not earn interest Funds requested for appropriation can be used for park irrigation upgrades, playground improvements or additions, construction of sidewalks for accessibility or connectivity, landscape improvements, as well as acquisition of land for park and recreational uses. The Parks, Recreation, and Open Spaces Master Plan will guide park development and specific improvements. The parks within the allowed radius of the related subdivision include: Subdivision Waldron Park Highway Village Vista Hermosa RRAH Corpus Christi Faucette Location 3002 St. Francis Leopard & McKenzie Holly & Richter Old Brownsville & Omaha Violet & Butler Improvements at Retta Park Thebeau Park Inwood Park Lawson Park Thebeau Park City of Corpus Christi, Texas Annual Revenue Estimate Compared to Actual Collected Fund: 4720 - Community Enrichment Fund 4720 Acct # Org. Account Description un Appropriated 330002 21300 Developer Fee 29.09 330005 21300 Park trust- unrestrict interest 3,134.17 330395 21371 Gateway interest 31.66-- 330405 21357 HEB Park pool & tennis interes 8.53 330435 21502 Beautification prom. interest 33.45. 330555 21507 Ed exchg prg- Sister City int. 2.32 330835 21511 Permanent art trust interest 329.79_ INTEREST 3,567.01 330001 21300 Park trust- unrestrict donation 330002 21300 Park Development Fee 330131 21346 Waldron Park 330200 21636 Highway Village 330200 21667 Vista Hermosa 330200 21637 RRAH Corpus Christi 330009 21411 Faucette Subdivision 9,865.42 21,186.28 544.61 1,454.55 543.01 6,003.35 368.58 CONTRIBUTION 39,965.80 TOTAL INT / CONTRB 43,532.81 Page 1 of 1 ORDINANCE APPROPRIATING $39,965.80 IN DEVELOPER CONTRIBUTIONS AND $3,567.01 IN INTEREST EARNINGS FOR A SUM OF $43,532.81 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR PARK IMPROVEMENTS, AND OTHER RELATED PROJECTS; AND DECLARING AN EMERGENCY. Whereas, Section IV G 6 of the City of Corpus Christi Platting Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one -half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, Section IV G 7 of the Platting Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $39,965.80 in developer contributions and $3,567.01 in interest earnings, total sum of $43,532.81 is appropriated in the No. 4720 Community Enrichment Fund for park improvements described by Section IV G 6 and Section IV G 7 of the City of Corpus Christi Platting Ordinance, and other related projects. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: November 1, 2010 Lisa Aguia Assistan ity Attorney For City Attorney H:LLEG- DIR1Lisa12010 Ordinance\Park & Rec- Developer Contdoc —96— Joe Adame Mayor Corpus Christi, Texas Day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16, 2010 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a $261,752 grant awarded by the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program. B. Ordinance appropriating a $261,752 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program; and declaring an emergency. C. Resolution authorizing the City Manager or designee to execute all documents necessary to contract with the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XIX Community Based Alternatives /Home Delivered Meals Program. The rate of reimbursement is $5.31 per unit for an estimated 10,000 meals. ISSUE: The Title XX grant is made available through the Texas Department of Aging and Disability Services for the continuation of the Senior Community Services, Title XX Meals on Wheels (MOW) Program. The fund authorization period is effective October 1, 2010 through September 30, 2011. The Title XIX contract is made available through the Texas Department of Aging and Disability Services for the continuation of the Senior Community Services, Title XIX Community Based Alternatives /Home Delivered Meals Program. The contract period is effective October 1, 2010 through September 30, 2011. This is not a grant. Meal service is initiated by referrals. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate grant funds from the Texas Department of Aging and Disability Services for the Title XX Meals on Wheels Program from October 1, 2010 through September 30, 2011. Council authorization is required to contract with the Texas Department of Aging and Disability Services for the Title XIX Community Based AlternativeslHome Delivered Meals Program from October 1, 2010 through September 30, 2011. PREVIOUS COUNCIL ACTION: City Council accepts and appropriates grant funds from the Texas Department of Aging and Disability Services for continuation of the Title XX Meals on Wheels Program on an annual basis. City Council authorizes a contract with the Texas Department of Aging and Disability Services for the Title XIX Community Based Alternatives /Home Delivered Meals Program on an annual basis. FUNDING: The Texas Department of Aging and Disability Services is issuing a grant in the amount of $261,752 to the City of Corpus Christi for the continuation of the Title XX Meals on Wheels Program. This grant does not require a City match. Page 5 of 7 —101— The Texas Department of Aging and Disability Services will reimburse the City of Corpus Christi at a rate of $5.31 up to an estimated 10,000 units of service for the continuation of the Title XIX Community Based Alternatives /Home Delivered Meals Program. A monthly billing is submitted to the state based on the number of meals served. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Texas Department of Aging and Disability Services for the Title XX Meals on Wheels Program. Council authorization is requested to contract with the Texas Department of Aging and Disability Services for the Title XIX Community Based Alternatives /Home Delivered Meals Program from October 1, 2010 through September 30, 2011. Michael Morris, Director Parks and Recreation Department MichaelMoCccctexas.com 361 - 826 -3464 Attachments: Background Information Page6of7 —102— BACKGROUND INFORMATION The City receives grant funding for the Senior Community Services Program through Federal and State grants that must be appropriated each year. The City enters into a Purchase of Service Contract with the Texas Department of Aging and Disability Services for the Title XX, Meals on Wheels Program. The City also contracts with the Texas Department of Aging and Disability Services for the Title XIX, Community Based Alternatives /Home Delivered Meals Program. This program sets up meal service based on referrals from other agencies. The billing rate for each unit of service is $5.31. A monthly billing for the meals served is submitted to the state. The contract maximum number of units to be served in FY 2011 is 10,000. The projected revenue total is $53,100 which will be appropriated at the end of the fiscal year based on actual service units provided. The Senior Community Services Elderly Nutrition Program coordinates the home delivered meals operations to provide a fully prepared, well- balanced noon meal to homebound and/or disabled persons throughout the City. The meals are prepared at the Nutrition Education and Service Center located on the Del Mar College West Campus. We project to serve 126,356 congregate meals; 101,743 home delivered meals; 52,879 Title XX Meals on Wheels units during fiscal year October 2010 through September 2011. Page 7 of 7 —103— Texas Depaftnient of,54gIng and Disability Services State of Texas § County of Travis § Section 1. Contractor Information A '11 Community Services Contract Amendment Form 3254 -.4 ° April 2010 Legal Name of Entity (Contractor) City of Corpus Christi Contract No. 16740D Contract Type CCAD HDM Doing Business As (d /b /a) Name, if applicable Senior Community Services Amendment No. 11-4 Region No. 11 Address of Contractor (street, city, state, ZIP) P.O. Box 9277, Corpus Christi, TX 78469 Waiver Contract Area Nueoes Component Code HCS Section 2. Change Information The Department of Aging and Disability Services (Department) and the legal entity (Contractor) named above agree to amend contract number 167400 as follows: Check all applicable changes: ❑ The following ❑ counties ❑ MRAs are added to the contract referenced above. ❑ The following ❑ counties 0 MRAs are deleted from the contract referenced above. ❑ The list of covered counties in Section 3 of this amendment is adopted by the Department and the Contractor and represents the full listing of counties served as a result of this amendment ❑ The attached Form 3691 -A, Service Area Designation, replaces and supersedes, in its entirety, the Contractor's previously submitted Form 3691-A, ® Other Contractor will provide 54,081 units of Title XX Community Care for the Aged and Disabled/Home Delivered Meals for October 1, 2010 through September 30, 2011. The unit rate for each meal is $4.84, and the approved budget for the budget period is $261,752.04. The approved budget is reflected in the attached Form 2029, Information Sheet, Purchase of Service Contract, which is incorporated into this amendment, The geographical area covered by this contract is Corpus Christi, TX. This amendment is effective 10/01/2010. The above- marked changes are adopted by the Department -and the Contractor as an amendment to the above - referenced contract effective the date signed by the Department representative, unless otherwise indicated above. All other terms and conditions of the referenced contract remain in full force and effect, Department of Aging and Disability Services Signature -Dep Rogelio Fuentes presentative Name of Department Representative (Print or type) Community Services Regional Director /0 r•O /—/G Date Signature - Contract ' r Representative Michael Morris Name of Contractor Representative (Print or type) Director, Parks and Recreation City of Corpus Christi Title of Department Representative (Print or type) Legal Approval —104— 7/29// Date Title of Contractor Representative (Print or type) RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A $261,752 GRANT AWARDED BY THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES FOR THE FY 2011 SENIOR COMMUNITY SERVICES, TITLE XX MEALS ON WHEELS PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a $261,752 grant awarded by the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of November, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 20, 2010 ;(1.41-:r Lisa Aguil Assistant City Attorney For City Attorney H:ILEG- DIRILisa12010 Resolutions\Meals on Wheeis.doc —105— Corpus Christi, Texas of , 2090 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 ORDINANCE APPROPRIATING A $261,752 GRANT FROM THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE FY 2011 SENIOR COMMUNITY SERVICES, TITLE XX MEALS ON WHEELS PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the appropriation of a $261,752 grant from the Texas Department of Aging and Disability Services in the No. 1067 Parks and Recreation grants fund for the FY 2011 Senior Community Services, Title XX Meals on Wheels Program is hereby approved. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of November, 2010. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 20, 2010 Lisa Ag Assistan City Attorney for the City Attorney H:1LEG- DIR \Lisa12010 Ordinance\Meals on .fils.doc 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 ij RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO CONTRACT WITH THE TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES FOR THE FY 2011 SENIOR COMMUNITY SERVICES, TITLE XIX COMMUNITY BASED ALTERNATIVES / HOME DELIVERED MEALS PROGRAM WITH REIMBURSEMENT RATE OF $5.31 PER UNIT FOR AN ESTIMATED 10,000 MEALS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to contract with the Texas Department of Aging and Disability Services for the FY 2011 Senior Community Services, Title XIX Community Based Alternatives /Home Delivered Meals Program, with rate of reimbursement of $5.31 per unit for an estimated 10,000 meals. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of November, 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: October 20, 2010 r Lisa Agui , Assistant City Attorney For City Attorney H:ILEG- DIR\Lisa12010 Resolulions\Meals on Wheels per meal lirpb rsemenidoc r 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 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16, 2010 AGENDA ITEM: A. Ordinance appropriating $100,000 from SMG in the No. 4710 Visitors Facilities Fund for American Bank Center Capital Expenditures; changing the FY 2010 -2011 Operating Budget, adopted by Ordinance No. 028683, by increasing both proposed revenues and expenditures by $100,000; and declaring an emergency. B. Ordinance appropriating $331,351.53 from the Reserved Fund Balance of Fund 4710 Visitors Facilities Fund for Capital Expenditures to be made at the Arena; changing the FY 2010 -2011 Operating Budget adopted by Ordinance #028683 to increase appropriations by $331,351.53; and declaring an emergency. C. Ordinance appropriating $412,500 from the Reserved Fund Balance of Fund 4710 Visitors Facilities Fund for Marketing and Co- Promotion Expenditures to be made for the Arena; changing the FY 2010- 2011 Operating Budget adopted by Ordinance #028683 to increase appropriations by $412,500; and declaring an emergency. ISSUE: The funds were approved to be spent during the 2009 -2010 fiscal, however all of the funds were not spent. The funds must be appropriated by Council before the balance can be expended. REQUIRED COUNCIL ACTION: Council action is necessary to appropriate the funds. PREVIOUS COUNCIL ACTION: Council approved the appropriation for $100,000 on July 13, 2010; Council approved the establishment of the Marketing /Co- Promotion Fund and Guidelines for the Arena on June 23, 2009 and Council approved the Arena Capital Budget during the adoption of the 2009 -2010 budget process. CONCLUSION AND RECOMMENDATION: Staff recommends the appropriation of the above referenced Agenda items for the American Bank Center. Attachments - 1 1 3 - Cr ?&O.e..-- Margie C.'3Zose Assistant City Manager margierQcctexas.com 361.826.3232 BACKGROUND INFORMATION In accordance with Section 5.4 - Capital Contribution of the SMG Agreement with the City of Corpus Christi, SMG agreed to provide $100,000 to the City for capital improvements and capital equipment purchases, which may be used at the City's discretion for improvements to the facility, including cosmetic improvements to the exterior of the facility. The City received and appropriated the $100,000 in July, 2010. Because the funds were not spent during the 2009 -2010 fiscal they must be appropriated in order to use during the 2010 -2011 fiscal. During the 2009 -2010 budget process, Council authorized $500,000 for the purchase of Arena Capital items. Some of the major items included the purchase of an outdoor marquee, an Interior Auxiliary Scoreboard, four (4) Golf Carts, Forklift and Maintenance Electric Utility Cart. The amount that needs to be appropriated is $331,351.53, which is the amount that was not spent during the 2009 -2010 fiscal. In June, 2009 Council approved the Arena Marketing/Co- Promotion Fund Guidelines. In addition, Council also authorized the appropriation of $500,000 in the 2009 -2010 Fiscal Budget to be used for promoting, retaining, securing and hosting sport related tenants, concerts, attractions and other events at the American Bank Center Arena that generate a positive economic impact for the City of Corpus Christi. Because all of the funds were not expended during the 2009 -2010 Fiscal an appropriation is needed in order to make $412,500 available for use during the 2010 -2011 Fiscal. Any unused funds will be appropriated the following fiscal. Page 1 of 2 ORDINANCE APPROPRIATING $100,000 FROM SMG IN THE NO. 4710 VISITORS FACILITIES FUND FOR AMERICAN BANK CENTER CAPITAL EXPENDITURES; CHANGING THE FY 2010-2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028683, BY INCREASING BOTH PROPOSED REVENUES AND EXPENDITURES BY $100,000; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $100,000 from SMG is appropriated in the No. 4710 Visitors Facilities Fund for American Bank Center capital expenditures. SECTION 2. That Ordinance No. 028683, which adopted the FY 2010 -2011 Operating Fund, is changed to increase both proposed revenues and expenditures in the Fund 4710 Visitors Facilities Fund by $100,000 for capital expenditures. 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 APPROVED: November 4, 2010 R. y R i'fling First Assistant City Attorney For City Attorney 100K cap improve appropord 11042010 Joe Adame Mayor —1 1 5— Page 2 of 2 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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 100K cap Improve appropord 11042010 -116- Page 1 of 2 ORDINANCE APPROPRIATING $331,351.53 FROM RESERVED FUND BALANCE IN THE NO. 4710 VISITORS FACILITIES FUND FOR AMERICAN BANK CENTER ARENA CAPITAL IMPROVEMENTS EXPENDITURES; CHANGING THE FY 2010-2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028683, BY INCREASING PROPOSED EXPENDITURES BY $331,351.53; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $331,351.53 from Reserved Fund Balance in the No. 4710 Visitors Facilities Fund is appropriated for American Bank Center Arena capital improvements expenditures. SECTION 2. That Ordinance No. 028683, which adopted the FY 201 0 -2011 Operating Fund, is changed to increase proposed expenditures in the Fund 4710 Visitors Facilities Fund by $331,351.53 for American Bank Center Arena capital improvements expenditures. 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 APPROVED: November 4, 2010 R. Jay R fnin First As istant City Attorney For City Attorney 331K arena cap Improve appropord 11042010 Joe Adame Mayor —117— Page2of2 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: l /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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 331K arena cap improve appropord 11042010 —118— Page 1 of 2 ORDINANCE APPROPRIATING $412,500 FROM RESERVED FUND BALANCE IN THE NO. 4710 VISITORS FACILITIES FUND FOR MARKETING AND CO- PROMOTION EXPENDITURES; CHANGING THE FY 2010 -2011 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 028683, BY INCREASING PROPOSED EXPENDITURES BY $412,500; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $412,500 from Reserved Fund Balance in the No. 4710 Visitors Facilities Fund is appropriated for marketing and co- promotion expenditures. SECTION 2. That Ordinance No. 028683, which adopted the FY 2010 -2011 Operating Fund, is changed to increase proposed expenditures in the Fund 4710 Visitors Facilities Fund by $412,500 for marketing and co- promotion expenditures. 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 APPROVED: November 4, 2010 R. y IR.2ning First Assistant City Attorney For City Attorney 415K marketing appropord 11042010 Joe Adame Mayor —1 1 9— Page 2 of 2 Corpus Christi, Texas day of ,2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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 415K marketing appropord 110420/0 -120- 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16, 2010 AGENDA ITEM: Motion to amend prior to second reading, the "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," by adding definition of "street yard" at sub - section 27- 3.08.06. Second 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 severance; providing for penalties; providing for publication; and providing effective dates. ISSUE: At the November 9, 2010 Council meeting, an agenda item to amend the Zoning Ordinance regarding dumpster screening was approved for a first reading. For the November 16, 2010 second reading, we are inserting a definition for the term "street yard" which was used in the First Reading of the Ordinance. This definition for the term "street yard" is based upon a similar definition in Article 27 B of the Zoning Ordinance. REQUIRED COUNCIL ACTION: Approval of the Motion to amend prior to second reading, and approval of the Ordinance on second reading. PREVIOUS COUNCIL ACTION: First reading of the Ordinance was approved on November 9, 2010. CONCLUSION AND RECOMMENDATION: Approval of the Motion and»rdinance. Attachments: Amended Ordinance —123— Juan Perales, dr., P.E. Assistant City Manager Engineering & Development Services 7ohnnyP @cctexas.com (361) 826 -3828 AS AMENDED 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 trast 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- DIRILisa12010 Ordinance\Zoning Ordinance 27 3.07 v2.doc -124- 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. 27- 3.08.06 The term "street yard" means: (1) The area of a lot or parcel which lies between the edge of the right -of -way line of the parent parcel abutting a street, and the street wall line of the building on the lot or parcel. (2) On corner lots or parcels, the street yard shall consist of all the area of such lot or parcel between the edge of the right - of -way line abutting the street and their corresponding street wall lines. (3) When there are multiple buildings on a lot or parcel, the street yard shall consist of all the area of the lot or parcel between the edge of the right -of -way line abutting a street and the outermost points of each building's major street wall." 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. FIALEG-DIFilLisa12010 Ordinance\Zoning Ordinance 27 3.07 v2.doc —125— Page 3 of 3 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. 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:ILEG- DIR \Lisa12010 OrdinancelZoning Ordinance 27 3.07 v2.doc -126— ORIGINAL 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 all trash areas shall be provided in a place accessible to vehicles used forpickinc 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:\LEG- DIRILisa12010 OrdinancelZoning Ordinance 27 3.07.doc —127— 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- DIRILisa12010 Ordinance\Zoning Ordinance 27 3.07.doc —128— 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- DIR\Lisa12010 OrdinancelZoning Ordinance 27 3.07.doc -129- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2010, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2010. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: Q-th 7, 10' By: Lisa Aguilar, s istant City Attorney for the City A ney 14 NO ATTACHMENT FOR THIS ITEM 15 AGENDA MEMORANDUM AGENDA ITEM: November 16, 2010 PUBLIC HEARING — ZONING (City Council Action Date: November 16, 2010) Case No. 0910 -01: Burv+Partners -SA, Inc: The applicant is requesting a change of zoning from the "R-1B/SP" One - family Dwelling District with Special Permit and "R -1 B" One - family Dwelling District to the "B -1" Neighborhood Business District resulting in a change of land use from a low - densitv residential use to a commercial use. The property to be rezoned is the Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F and portions of Lots 3, 15 and 16, located south of Delano Drive between Robert Drive and Eldon Drive. PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION (October 13, 2010): Denial of the applicant's request of a'B -1" Neighborhood Business District, and in lieu thereof, approval of the "R -1 B /SP" One - family Residential District with a Special Permit, in accordance with the attached site plan and subject to the following five (5) conditions: 1. Uses: All uses allowed in the "R -1 B" One - Family Dwelling District, plus the expansion of the off - street parking lot for the existing retail food store and phased additions to the retail food store not to exceed 15,000 square feet within the designated building envelope shown on the attached site plan. Phased additions may include parking, building, a drive -thru pharmacy canopy or drive -thru lanes within the building envelope and exterior freezers /coolers (subject to staff review and approval). 2. Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the "B -1" Neighborhood Business District. 3. Screening: Continuation of existing solid screening fence along Delano Drive. 4. Lighting: All overhead lighting shall be shielded and /or directed away from adjacent residential properties, so as to minimize glare and light trespass into neighboring residential properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 36 months of the date of this ordinance, unless at that time the property is being used as outlined in Condition #1 and in compliance with all other conditions, in which event the Special Permit shall continue in effect and applicant's use and development of the property (including further additions to the retail food store within the designated building envelope shown on the attached site plan) shall continue to be subject to the conditions of the Special Permit. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's recommendation DEPARTMENT COMMENTS: • In 1983 the Board of Adjustment granted a reduction in parking from 625 spaces to 290 spaces for the area located south of the supermarket site. -137- Agenda Memorandum Case No. 0910 -01 Bury+Partners -SA, Inc. Page 2 • In 1984, the representatives for the store realized that the 290 parking spaces provided for the project were insufficient and acquired the property along Delano Drive. The property acquired was denied a change of zoning to a "B -1" Neighborhood Business District in lieu of a Special Permit which was approved subject to a site plan for the parking lot with 112 additional spaces to serve the grocery store. A seven foot wall was required along Delano Drive to screen the parking lot from the neighboring residential uses, and prevent access from, and additional traffic along, Delano Drive. t Juan Perales, Jr , P.E. Assistant City Manager Departments of Engineering and Development Services Email: johnnyp @cctexas.com Phone: 361 -826 -3828 Attachments: 1. Zoning Report 2. Planning Commission Minutes 3. Ordinance H:1PLN- DIRISHARED41. PLANNING COMMISSION12010 CCINOV. 2010\0910.01 BURY +PARTNERS -SA, INC (NEB }14910.01 AGENDA MEMO.DOC -138- CITY COUNCIL ZONING REPORT Case No.: 0910 -01 Planning Commission Hearing Date: October 13, 2010 Applicant & Legal Description Applicant: Bury +Partners -SA, Inc. Owner: HEB Grocery Company Representative: Bury +Partners -SA, Inc. Legal Description/Location: Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F, and portions of Lots 3, 15 and 16, located south of Delano Drive between Robert Drive and Eldon Drive. Zoning Request From: "R-1B/SP" One - family Dwelling District with a Special Permit and "R -1B" One - family Dwelling District To: "B-1" Neighborhood Business District Area: 1.985 acres Purpose of Request: Expansion of the off - street parking lot for the existing retail food store and a hased addition to the retail food store not to exceed 15,000 square feet. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "R- 1B /SP /06 -11" One-family Dwelling y g District with a Special Permit and "R -1B" One - family Dwelling District Commercial, Low Density Residential, and Medium Density Residential Commercial and Medium Density Residential North "R -1B" One - family Dwelling District Low Density Residential Low Density Residential South "A-2" Apartment House District Medium Density Residential Medium Density Residential East "B-4" General Business District Commercial Commercial West "B-4 " General Business District and "B -1 "" Neighborhood Business District Commercial and Professional Office Commercial °'11 0 Q" o 5 0 Area Development Plan: The subject lots are located in the Southeast Area Development Plan and are planned for a low density residential and medium density residential use. The proposed change in zoning to the "B -I" General Business land use is not consistent with the Southeast area Development Plan or the adopted Future Land Use Map. Map No.: 041,035 Zoning Violations: There is a record of two violations, one "premise care" violation on one lot and one "vacant building" violation on the other. Staff's Summary: • Requested Zoning: The purpose of the `B -1" Neighborhood Business District is to provide for retail, residential, professional office, and personal services. The "B -1" District requires a minimum 20 -foot front yard setback and no side or rear yard setbacks are required for non - residential uses, unless the property abuts a residential district; in which case a 10 -foot setback would be required along the residential adjacency. —139— City Council Zoning Report Case #: 0910 -01, Sury +Partners -S, Inc. Page 2 • Transportation and Circulation: Delano Drive is a 2 -lane Local Street which provides access to individual residences in the neighborhood. The Local Street is intended to discourage through traffic and is designed for low volumes of traffic. Robert Drive is a 2 -lane, C1 Minor Collector Street which is used to provide neighborhood circulation between Arterial Streets. South Alameda Street is a 5 -lane, A2 Secondary Divided Arterial Street which connects to the Primary Arterial system. Street R.O.W. Street Existing ROW and Paved Section PIanned ROW and Paved Section Urban Transportation plan Type Traffic Volume 2008 Delano Drive 40' R.O.W., 28' paved No Change Residential N/A Robert Drive 60' R.O.W., 40' paved No Change CI Minor Collector Robert Drive South Alameda Street 100' R.O.W., 76' paved No Change A2 Secondary Arterial 15,327 • Relationship to Smart Growth: The proposed rezoning has positive implication relating to smart growth. The requested rezoning provides a positive impact to walkable communities or short commutes servicing the surrounding neighborhoods. Other contributions are, former vacant homes are now converted to serving expanding retail uses, uses of existing infrastructure, and access by various modes of transportation. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Southeast Area Development Plan slates the subject property for low density residential and medium density residential uses, therefore. The proposed change in zoning is not consistent with the Southeast area Development Plan or the adopted Future Land Use Map. However, the Comprehensive Plan for the City of Corpus Christi and Southeast Area Development Plan mandates that any commercial use adjacent to a residential use should implement compact designs, landscaping, and screening fences. The proposed rezoning will incorporate a screening fence and landscaping requirements creating a visual barrier and buffer between commercial development and the residential neighborhood. Further protection will be implemented via shielded lighting requirements. The Comprehensive plan recommends the 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 (parking lot) upon the surrounding elevations. Plat Status: The subject property contains platted lots and portions of platted lots. A replat of the property will be required prior to the issuance of any building permits. Department Comments: • In 1983 the Board of Adjustment granted a reduction in parking from 625 spaces to 290 spaces for the area located south of the supermarket site. —140— City Council Zoning Report Case #: 0910 -01, Bury- +Partners -S, Inc. Page 3 • In 1984, the representatives for the store realized that the 290 parking spaces provided for the project were insufficient and acquired the property along Delano Drive. The property acquired was denied a change of zoning to a `B -1" Neighborhood Business District in lieu of a Special Permit which was approved subject to a site plan for the parking lot with 112 additional spaces to serve the grocery store. A seven foot wall was required along Delano Drive to screen the parking lot from the neighboring residential uses, and prevent access from, and additional traffic along, Delano Drive. Planning Commission's and Staff's Recommendation: Denial of the applicant's request of a `B -1" Neighborhood Business District, and in lieu thereof, approval of the "R- 1B /SP" One - family Residential District with a Special Permit, in accordance with the attached site plan and subject to the following five (5) conditions: 1. Uses: All uses allowed in the "R -1B" One - Family Dwelling District, plus the expansion of the off -street parking lot for the existing retail food store and phased additions to the retail food store not to exceed 15,000 square feet within the designated building envelope shown on the attached site plan. Phased additions may include parking, building, a drive -thru pharmacy canopy or drive - thru lanes within the building envelope and exterior freezers /coolers (subject to staff review and approval). 2. Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the `B -1" Neighborhood Business District. 3. Screening: Continuation of existing solid screening fence along Delano Drive. 4. Lighting: All overhead lighting shall be shielded and/or directed away from adjacent residential properties, so as to minimize glare and light trespass into neighboring residential properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 36 months of the date of this ordinance, unless at that time the property is being used as outlined in Condition #1 and in compliance with all other conditions, in which event the Special Permit shall continue in effect and applicant's use and development of the property (including further additions to the retail food store within the designated building envelope shown on the attached site plan) shall continue to be subject to the conditions of the Special Permit. p o.9 4 Number of Notices Mailed Total -- 26 within 200' notification area; 2 outside notification area Favor — 3 (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 5. Site Plan H:1PLN- DIRISHAREDI1. PLANNING COMMISSIOM2010 CCINOV. 201010910-01 BURY +PARTNERS -SA, INC (HEB)1CC ZONING REPORT 0910 -01 BURY PARTNERS, INC. (HEB ALAMEDA AND ROBERT) 2ND.DOC -141- ALLAME£ EA TIE . 7C TOWN AND COUNTRY IDA YOB 1-A- 1-A-2 ALA EDA GE RLACE 1 TER SUBJECT PROPERTY ALA ME DA CENTER #3 D OR 00,CD NOS OR PA CASE: .0910 -01 1. SUBJECT PROPERTY Ca'ucu's cr csoBayr Pmper{y l!CA IOrY MAP I,IC. A ME D A ES' T S B -1 TOWN AND COUNTRY 70A 708 1 —A— A -2 ALA EDA TER SUBJECT PROFIERTY ALAMEDA CENTER 2 6 A- D 8ROOi4.D NOS DR PA i parEiTP BlYr CASE: 0910-01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Aaratnenl Howe Dlstkl F 1 Willed blur ell Dlstkl A IA Apatnenl Haute Milo} 12 Uhl blur lla [UNd °.2 .1 ineni Havre Dlsrkl I Rem 1ut#Itl DIsI I AE PDtSSI IOrice DUtld PDD PLtrr_d DW IDeuelcpmenl ,Apalnenl-Tbulsl DUhcl R -IA ore Fanly Dwellg DUkld PI Neighborhood Bodnar.; Dlsrkl R -IB One Fanly Duelhg DUMI I- IA NeIglriorhapl Stigma Dlsrkl R-IC Or Fanly Dyxlty DUtld B -2 Batten] Business DIFFA:I R -2 MUlple Dxeing DIstId E -24 Realer Wand Bulrers Birth! RA One Ianly Dureltg DUtld 8-3 gushers Welk! RE Resilenlel ErInk DIrIIcI E -4. General Rumness Dlreici R•TH Tb&thc re Pealing Orr Ed B� Pdmay Bodiless DIsricl GP Breda Ferrol' E5 Pdmery Burlrrss Care DIr•rld T IA ¶aril 'Radler PEA DUilcl Be Corps CIYU I Sew!' Design Drsl. T -I8 Maurrekred Nam Fat. DU Ed F -R Fam Kra Dlskl -1 T -IC Mauraclted NM. 0.1rdielstn HO N{s121:81ccrikra LsWmak Dlstkl Presedrerlorl satiperAvpny VIP R'tl;'7t' Yd 4i4 atau L'a..s� N.... a'e A re opms.V. -143- °CATION MAP LDP LDP. SUBJECT I _ ROPERTY MOP AMR MDR iur LDR LDR ODM OD FL 80 et CASE: 0910-01 3. SITE- EXISTING LAND USE Estate Residential Low DelnsRy Res. li+ld Delany Imo. /ig$ Derrsriy Res. liOnge How Vacant /tv#'ess/onra/ Mee Commercial DeMititeit L/glit Irrdastria/ Mary Industrial Pnb//* Semi -PubI c Drainage Corridor Cornser ratiorn/Preserwation CA' s Cr5G3dy Map Scale: 4 :2,400 °CATION MAP 1 at CASE: 0910 -01 4. SITE- FUTURE LAND USE AgrieuituraMIRurai TOR Tourist Estate Residential FW1 Research /au siness Paris I id Light krdusfrial M-1 Low Density Res. D i Med Density Res. 0 VAC 0 High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan .song argaase - Expressways moms - Arterials •`""'• Collectors 101110 Parkway +1-1-1-1- Railroad 000 ORR I Gx, rs m sosay Heavy industrial Pu biic Semi -Per biic Park Drainage Corridor Dredge Placement Water Con servatlontPreser vaticn titap Scale: 1:2,4`00 -145- °CATION MAP I 0 z Ind Ca A -2 CEDAR FENCE 3 Y re z 0 co a 2 Nn A -2 LIMITS OF SPEDIAL PERMIT AXIMUM BUILDING ENVELOPE A I- a MIN. 25.0' SETBACK MIN. 25,0' FIRE LANE & ACCESS 8 -4 H -E-B EXISTING BUILDING 59,000 SF B WITH SUP k Bury +Partners !NOlNUUR1N• IOLUTIONi 104 Dm gad, ads 191 Ina Ige1.. MI MI Td. 011141901-0100 Yu (910$01 -0611 T I brbilitleo halo I -1019 k!7*Pabne, ma.094$ 00 9010 SPECIAL PERMIT INTERIM SITE PLAN CORPUS CHRISTI, TEXAS EXH 3 DATESep 16. 2010 DRAWN BY: RR FILED: \001 \ 514\ EXHIBIT' S \001514exh012.dwgISCALE:1' =eo' PROJECT No. 50001-514 —146— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall October 13, 2010 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Arrived at 5:36 p.m. * James Skrobarczyk Absent Johnny R. Martinez Evan J. Kelly John C. Tamez Govind Nadkarni Mark Adame Absent John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services Miguel S. Saldafia, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Andrew Dimas, City PIanner Wesley Vardeman, City Planner Veronica Ocanas, Assistant City Attorney *Arrived at 5:35 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 5:33 p.m. and a quorum was declared. B. ZONING Andrew Dimas, Development Services, presented Continued Zoning item "a ". Mr. Dimas stated staff recommended denial of the applicant's request of a "B -1" Neighborhood Business District, and in lieu thereof, approval of the "R-1B/SP" One - family Residential District with a Special Permit, subject to a site plan and five (5) conditions. 1. Continued Zoning a. Case No. 0910 -01 Bury +Partners -SA, Inc.: A change of zoning from "R- 1B /SP" and "R -1B" One - family Dwelling District with Special Permit and One - family Dwelling District to "B -1" Neighborhood Business District resulting in a change of land use from a one - family dwelling to a neighborhood business use. The property to be rezoned is described as Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F, and portions of Lots 15 and 16, located south of Delano Drive between Robert Drive and Eldon Drive. Commissioner Nadkarni asked the maximum time limit allowed for a Special Permit and Miguel S. Saldana, Development Services, responded that the maximum time limit allowed for a Special Permit was five (5) years. Vice - Chairman Huerta questioned the negatives of giving the applicant the B -1" Neighborhood Business District. Mr. Dimas explained that if the "B -1" Neighborhood Business District was given, staff would not be able to regulate the conditions of the property if a new tenant were to ever replace the current tenant. Vice - Chairman Huerta inquired about the additional 15,000 feet the applicant was requesting and Mr. Dimas explained that the additional footage was for future developments such as a pharmacy drive -thru. Mr. Dimas clarified that a car shop would not be allowed. Mr. Saldana added that the additional 15,000 feet was only applicable on the property containing —147— Planning Commission Minutes October 13, 2010 Page 2 the Special Permit. Mr. Dimas added that the original Special Permit has remained under good maintenance. Chairman Garza asked about future parking and Mr. Saldana explained any additional parking must be reviewed by staff and will have to comply with parking requirements before expansion could take place. The public hearing was open. Mark R. Johnson, applicant, came forward and discussed the situation regarding HEB. Commissioner Taylor asked if additional dumpsters were going to be brought in and Mr. Johnson stated the property uses compactors on the opposite side of the subject property and no additional compactors will be added. Commissioner Tamez asked Mr. Johnson if the Special Permit was acceptable for their purposes and Mr. Johnson stated the "B -1" Neighborhood Business District would provide more flexibility for the project, but the Special Permit was sufficient. The public hearing was closed. Motion to approve the applicant's recommendation, excluding the exterior freezers /coolers and third street frontage, was made by Commissioner Nadkarni and was seconded by Commissioner Martinez. After the motion was on the floor, the Planning Commission discussed whether the motion should favor the staff's or the applicant's recommendation. Discussion was held on the exterior freezers /coolers and Chairman Garza commented that the Special Permit protects the neighborhoods surrounding the subject property. After further discussion, Commissioner Nadkarni asked to modify the original motion to include the exterior freezers /coolers (subject to staff review and approval). Commissioner Martinez seconded the modification. The motion passed with Vice - Chairman Huerta, Commissioner Taylor, Commissioner Kelly, Commissioner Martinez, and Commissioner Nadkarni in favor. Commissioner Tamez opposed with Commissioner Skrobarczyk and Commissioner Adame being absent. 1-1:1PLN- DIR\SHAREa11, PLANNING COMMISSION12010 CC\NOV. 201010810.01 BURY +PARTNERS -SA, INC (HEBp10 -13.10 MINUTES EXC.DOC -148- Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BURY +PARTNERS -SA, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO ALAMEDA ESTATES SUBDIVISION, BLOCK 2, LOTS 7C, 7D, 7E, 7F AND PORTIONS OF LOTS 3, 15, AND 16, LOCATED SOUTH OF DELANO DRIVE BETWEEN ROBERT DRIVE AND ELDON DRIVE, FROM "R-1B/SP" ONE FAMILY DWELLING DISTRICT WITH SPECIAL PERMIT AND "R -1 B" ONE- FAMILY DWELLING DISTRICT, TO "R-1B/SP" ONE FAMILY DWELLING DISTRICT WITH SPECIAL PERMIT, RESULTING IN A CHANGE OF LAND USE FROM A ONE - FAMILY DWELLING USE, CERTAIN LOTS WITH SPECIAL PERMIT AND OTHERS WITHOUT, TO A ONE FAMILY DWELLING USE WITH A SPECIAL PERMIT ASSIGNED TO ALL LOTS, SUBJECT TO A SITE PLAN AND FIVE (5) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Bury+Partners- SA,Inc. , for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 13, 2010, during a meeting of the Planning Commission, and on Tuesday, November 16, 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 Alameda Estates Subdivision, Block 2, Lots 7C, 7D, 7E, 7F and portions of Lots 3, 15 and 16, located south of Delano Drive between Robert Drive and Eldon Drive, from "R-1B/SP" One - family Dwelling District with Special Permit and "R -1 B" One - family Dwelling District, to the ""R-1B/SP" One - family Dwelling District with Special Permit, to allow for the expansion of the off - street parking lot and for phased additions to the existing retail food store, which are not to exceed 15, 000 square feet, subject to a site plan, (attached as Exhibit "A "), and five (5) conditions. (Zoning Map- Exhibit "B ") H: 1LEG- DIRIShared\LEGAL- DEV.SVCS12010 Agenda111 -16- 1010910 -01 Bury+Partners SA, Inc \ORD - zoning R- 1B(SP) & R -1B to R -1 B(SP).doc — 149— Page2of4 SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Uses: All uses allowed in the "R -1 B" One - Family Dwelling District, plus the expansion of the off - street parking lot for the existing retail food store and a phased addition to the retail food store not to exceed 15,000 square feet. Phased additions may include parking, building, a drive -thru pharmacy canopy or drive - thru lanes within the building envelope. 2. Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the "B -1" Neighborhood Business District. 3. Screening: Continuation of existing solid screening fence along Delano Drive. 4. Lighting: All overhead lighting shall not bleed into neighboring properties and shall be directed away from adjacent properties. 5. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H: 1LEG- DIR1Shared1LEGAL- DEV.SVCS12010 Agenda111.16- 1010910 -01 Bury+Partners SA, Inc1ORD zoning R -1 B(SP) & R -1B to R -1 B(SP).doc — 1 50— Page 3 of 4 SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED: This day of /kit , 2010 orah Walther Brow Assistant City Attorney For City Attorney FI: ILEG- DIR \SharedlLEGAL- DEV.SVCS12010 Agenda11 1 -1 6- 1 0109 1 0 -01 Bury+Partners SA, Inc \ORD - zoning R -1 B(SP) & R -1 B to R- 1B(SP).doc —151— Page 4 of 4 Corpus Christi, Texas day of , 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott H: 1LEG- DIRISharedIEGAL- DEV.SVCS12010 Agenda11 1-16-1010910-01 Bury+Partners SA, Inc1QRD- zoning R -1 B(SP) 8 R -1 B to R- 1B(SP).doc —152— Fairy: kip 16, 2¢1b ' ;].wn ibex r mlrpiC rear 10X11.501Expiaajligot r+' Naecdw0: ROBERT DRIVE 1 I 1 1 1 1 1 .1 II IN.1 !ri 1: I 1. 'I Bury +Partners 1t! jug J zi,:mylll'400. r064iltiit111111 141, (F17}SE1 -RON- 600644 JIP14014 Uia. i Flplp Iri14404.l F-4tu . tittglg, FtbEiERT DR. AND -S. A1hMEDA ;C0,3PUS 0HRt1S 1,.7EXAS .EXISTING PARKING SITE PLAIN AAt . 49,- ,0r4010` €GCAI,. 5 "..'AO' iSA11ii41 815. JAllf Ws R.' t :03\1Li`bAtIPISS1t01S.PlE,P94at EXHIBIT "A" HEa..a100.EP ea PAN pp4YCt 1 $ar.;614 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Mayor's Veterans Memorial Task Force City Council Update STAFF PRESENTER(S): Name 1. Rudy Garza OUTSIDE PRESENTER(S): Name 1. General Marc Cisneros 2. Trey McCampbell 3. Marco Castillo Title /Position Director Title /Position Chair Representative Facilitator Department Intergov. Relations Organization Mayor's Veterans Memorial Task Force Destination Bayfront Mayor's Veterans Memorial Task Force BACKGROUND: In May of this year, the Mayor appointed the Veterans Memorial Task Force as an ad -hoc committee, naming General Marc Cisneros as the Chair, and charged with undergoing a planning process for the Sherrill Park area with the ultimate goal of creating a suitable memorial honoring our local veterans. This presentation will share the results of months of hard work put in by this committee in determining the desired improvements for Sherrill Park, how this area fits into the bigger downtown redevelopment efforts, recommendations for relocation of the WWII Memorial plaque from City Hall to Sherrill Park and appropriate next steps in the development of future memorials. REQUIRED COUNCIL ACTION: No action is required at this time. City staff will bring a resolution of support (a draft of which is att- - - ' ,� r the recommendations included herein in December 2010. PowerPoint Supplemental Information -157- udy D. Gar Intergovern - al Relatio ] ector rudyga @cctexas.com 361 -826 -3082 DRAFT RESOLUTION ENDORSING THE RECOMMENDATIONS MADE BY THE MAYOR'S VETERANS MEMORIAL TASK FORCE RELATED TO FUTURE IMPROVEMENTS TO THE SHERRILL PARK AREA AND PLANNING ACTIVITIES FOR FUTURE MEMORIALS TO OUR VETERANS WHEREAS, the City of Corpus Christi is committed to developing an appropriate memorial dedicated to the veterans of World War II to replace the Memorial Coliseum, which was dedicated as a memorial to our Veterans in the 1 950's and has since undergone demolition; WHEREAS, the plaque commemorating those from our community who paid the ultimate sacrifice in World War 11 that was removed from the Memorial Coliseum is to be relocated from city hall to Sherrill Park, as recommended by the task force; WHEREAS, redevelopment of the Sherrill Park area in conjunction with overall Bayfront redevelopment efforts could include suggested amenities proposed by the task force as requested by our veteran community, such as a shade structure, permanent seating, presentation facilities, restroom facilities, and improved parking; and WHEREAS, the City of Corpus Christi encourages future memorial proposals to the Sherrill Park area that meet our community's desire for fitting memorials to our veterans of World War 1 to the present and their families. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1, The City supports the recommendations made by the Mayor's Veterans Memorial Task Force in the development of future memorials to the veterans of Corpus Christi as well as the proposed improvements to Sherrill Park and the surrounding area. Section 2. The City commits to relocating the World War 11 Memorial Plaque removed from the Memorial Coliseum from city hall to Sherrill Park. Section 3. The City will take these recommendations into consideration as a component of the overall Bayfront redevelopment efforts related to the Sherrill Park area and encourages members of the community and community organizations to participate in the planning, financing, and development of future Memorials to our Veterans, in the spirit of the recommendations presented to City Council by the Mayor's Veterans Memorial Task Force. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED: 4t" day of November, 2010. R. Jay Reining First Assistant City Attorney For City Attorney 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 w w > 0 c 0 co c (1) CU L (1) E a� a� oc E E O cu u 2 cc cu C V D CU V Q 0- V O - O LL V U- c O D co 1 Purpose Statement Veterans Memoria Task Force Members a) co O J U et° ca Q = U 4J N '> co ca , o Marc Cisneros [ [ 1) 0 co a) •— • 1) ca ca ca = U ca ca U = U = = O a) c ca _ _c U N • 0 a J 0 Ram Chavez Ex- Officio: Rudy Garza, Marco Castillo, Trey McCampbell Work Process & Research 1) tio a--• a) a) E O E m a) E 4J 0_ v) a) (Destination Bayfront) `U g Comments by E -mai Educational & family - friendly Shade, restrooms, parking Accessible facilities Stage with military -type shade feature Replicas of existing Memorials Arch, eternal flame concepts Memorial Coliseum bricks Purpose Statement c co c a) E L co honor the mi co .L O E N 2 t5 5 f; _c .L U u) 0 U a) H women from the Coastal Bend area who died in service to their to the present. The purpose of this tribute is to country from L co ies. Due to the mi Veterans and their fami ca O c 0 _c c a) 0 O 0 Park, this War Memoria significance of Sherri 0 O 0 0 0) c 0 co co 0 the general area of the current Sherri "Es a) > N 0) c co E2 a) a) 0 co N L co be a memoria Christi Bayfront. c co 0 co 0 co c O co 0 N co N .E co p c ca u) c E2 a) a) 0 co 0 interest in America's military history. The existing 0 a) to 0 0 N N E N O 0 from the Memoria 6 0 co co .L 0 E a) 2 (r) N O a) C co v) cn co `— o N L_ -0 E •N v) (D i C 4- • _ o _c N CIO O p +a ca O ca Q E v) _ _ p c ca c •ca E a� en � - '� 0 0 c 4_ _c E E% . N i •� 0 v) (1) cl:5 CIO 2 .4-; O N 2 co N 0 N i - N +�-+ O N •0 - O co m O ° E _0 W CIO N L _ +_a >• O • v) c +-+ 73 O W v) L_ U • L_ N c O c �i N •U V 0 o c co O co 0 W Q CU U V) w 0 L_ Q cc > M M M M M M M M 1 Purpose Statement Veterans Memorial Attributes O Q O N a--+ -0 C N 0 U .4-7 cn (C5 (1) ' U Q) }' t�O i C = N f� O v) 2 C1.3 W +-+ (n co }, 0 O N E V — - > v — i < O '� .i Priority Project — Relocation of WWII Plaque to Sherrill Park (Location) f'L• v) 0 4-) (i) w Cf 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION Date: November 16, 2010 AGENDA ITEM: Convention & Visitors Bureau (CVB) Quarterly Report OUTSIDE PRESENTER(S): Name Title /Position Organization Keith Arnold CEO CVB BACKGROUND: none REQUIRED COUNCIL ACTION: none PowerPoint Supplemental Information T 1- ...„:,. . -- .„ ... .. .. : . . . . - - i';'. • . • .i.:':!, , ;.,' • it , 1 0 iii.. • • • — • i, . . ..;: z . . ' -::: i i I I ) I .::: I ...) '',.. i .; .:...,-..! r..i...„. 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' ' ' ' l' ,,•:, 7 '. • ='•'!•:-_• , ',i 'i, ...:' ''' *1-; '4,:''''''7' '• ' , i.. " „_, ' ": ' I' '. , '!: ' ' , ''' '!1. ' ' • 4. • ',..,•1% • _ :. ik:. l'• ., :,.. .,: • i.4 ...i., .',P''''• .. 41111.1 \10 111N11 II II ' ' '-' - ' .0....:. j::.' ;'''. , ,:ia:7■1.,-. '..1'..'!:,:: ''....-: ,'.. COI Sil ND 1.800.766.BEACH VisitCorpusChristiTx.org ..,,,,,;11!HhHhHhHhHhil :3",' 0 c\I m m CO C\I uz m oo m co m 0) m 0 co 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: November 16, 2010 AGENDA ITEM: Motion authorizes the City Manager or his designee to enter into an amended consulting agreement between the City of Corpus Christi and the Corpus Christi Convention and Visitors Bureau for a period extending from November 1, 2010 through July 31, 2015. ISSUE: The Convention and Visitor's Bureau contracts with the City of Corpus Christi to promote Corpus Christi as a year round tourist destination and solicits various organizations and associations to conduct meetings /conventions /tradeshows within Corpus Christi year - round. REQUIRED COUNCIL ACTION: Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: July 11, 2006 — Five year contract approval. July 25, 2006 — Contract amendment regarding appointment of non-voting member to represent the C.C. Int'l Airport. June 27, 2008 — Ord. appropriating $202,116 front unappropriated fund balance 1030 Hotel Occupancy Tax Fund for incentive payment to the CVB. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Attachments -211- O - 7 Oscar Martinez Assistant City Manager oscarm @cctexas.com (361)826 -3897 BACKGROUND INFORMATION The current contract between the City of Corpus Christi and the Corpus Christi Convention and Visitors Bureau (CVB) is scheduled to expire on July 31, 2011. However, during budget deliberations for preparation of the Fiscal Year 2011 Budget, several amendments to the existing contract were considered to provide for a strong program of work by the Bureau to continue to attract visitors to our community during the current period of economic challenge. Under the terms of the current contract the CVB has operated on a revenue share of Hotel Occupancy Tax that in recent years has historically awarded the organization approximately $3.1 million per year. However, as a result of recent economic conditions the Bureau was budgeted to receive a reduced amount of approximately $2.4 million. Whereas the staff understands that investment in the CVB program of work results in increased economic activity, the City and the CVB undertook renegotiation of the contract to promote continued investment in the city by tourists and visitors. Provided below is a brief summary of the significant amendments to the current contract: 1. The contract term will be for approximately 5 years extending from November 1, 2010 until July 31, 2015; 2. A Special Marketing Fund of $500,000 designated through the budget process will be available for use by the CVB contingent upon submission of a justification for the requested expenditure; description for the benefit to be derived from the expenditure and approval by the City Manager, or his designee; 3. The CVB's share of the 7% portion of the Hotel Occupancy Tax shall be increased from 35% to 40 %; 4. The percentage increase in Hotel Occupancy Tax from the prior three year rolling average that must be achieved for the CVB to be eligible for an incentive award is increased from 3% to 5% subsequent to an adjustment for inflation of deflation; 5. The CVB's share of the increase in Hotel Occupancy Tax available for the incentive award shall be increased for 50% to 55 %. The City shall retain the remaining 45 %. 6. The City reserve the right to renegotiate the Hotel occupancy Tax increase threshold above the above mentioned 5% after conclusion of the first year of the contract; and 7. The City reserve the right to renegotiate the return on investment requirements associated with use of the Special Marketing Fund after conclusion ofthe first year ofthe contract; The proposed amendments to the existing contract between the City and the CVB are expected to sustain the efforts to attract visitors and tourists to our community. —212— CONSULTING SERVICES AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION & VISITORS BUREAU This Consulting Services Agreement is executed by and between the City of Corpus Christi, Texas, a municipal corporation ( "City ") and the Corpus Christi Convention & Visitors Bureau ( "CCCVB "), a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area. WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi; WHEREAS, the City benefits directly by increased sales tax and hotel and motel occupancy tax income developed by visitors and conventioneers; WHEREAS, the City benefits indirectly through the economic activity of visitors and conventioneers who come to our City; and WHEREAS, CCCVB has professional personnel, who are trained and experienced in the field of visitor and convention promotion, and the City desires to continue the professional promotion and advertising service through a contractual arrangement with CCCVB; NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. 1.01. CCCVB shall perform the following services in a satisfactory and proper manner, as determined by the City Manager or the City Manager's designee. 1.02. The CCCVB shall solicit various organizations and associations to conduct meetings /conventions /tradeshows within Corpus Christi year- round. These target organizations will be identified by CCCVB. In addition CCCVB will utilize various advertising /marketing techniques to promote City of Corpus Christi as a desirable year - round meeting /convention destination. 1.03. CCCVB shall promote the City of Corpus Christi as a year -round tourism destination. Those services must include, but are not limited to, information services, web site, attendance at travel /trade /shows, e-mail requests, phone inquiries, advertising, public relations special promotions, and packaging. 1.04. CCCVB shall design and implement an advertising campaign with state, national, and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings. Page 1 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 1104201Q pilEatil 1.05. CCCVB shall provide support services to conventions in Corpus Christi. 1.06. CCCVB shall operate visitor information centers, as CCCVB deems appropriate, which must make referrals to City attractions, including, but not limited to, the Texas State Aquarium, U.S.S. Lexington, Corpus Christi Museum of Science and History, American Bank Center and Whataburger Field, as well as other area attractions. 1.07. CCCVB shall provide information and advice to businesses interested in tourism and convention- related business in the Corpus Christi area. 1.08. CCCVB shall advise the City on projected growth of tourism and convention - related business for the next five years to assist City planning efforts. 2. APPROPRIATIONS AND AUDIT 2.01. CCCVB shall provide the City Council with a preliminary Business /Marketing Plan (as described in Section IV) by May 1 of each year. CCCVB shall provide the final plan to City Council no later than August 1 of each year. 2.02. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 2.03. CCCVB must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle City funds with any other funds. 2.04. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of CCCVB. 2.05. Interest earned on funds contributed to CCCVB by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds and the interest earned must be available for CCCVB use within the convention and visitor fund account. 2.06. The parties agree that receipt of these funds creates a fiduciary duty of the CCCVB. 2.07. CCCVB shall provide an independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending July 31. 2.08. Accounting records and the necessary independent audits must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law, so as to include a statement of support, revenues, expenses, and balance sheets for all funds. Page 2 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 11o42Ug2glitan 2.09. Early reports of an independent audits of the CCCVB's expenditures and revenues during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principles (GAAP) must be submitted to the City Manager within ninety (90) days after the end of each fiscal year that this Agreement is in effect. 3. RECORDS. 3.01. The books of account of the convention and visitor fund held by CCCVB must be maintained in a form approved by the City's Director of Finance, and must be available for inspection and copying by the Director, and the Director's duly authorized agents and representatives during regular business hours of CCCVB. Records must be maintained for at least 3 years after the expiration or termination of this agreement. 4. REPORTS. 4.01. By May 1 of each year, the CCCVB shall provide City Manager with a Business /Marketing plan, which outlines the overall objectives of the CCCVB. The Plan must describe the plan of action for the upcoming year, including strategic markets; a line item budget; and significant initiatives. Opportunities to promote city funded venues must be specifically identified and included in the plan. Other information necessary to describe the CCCVB's efforts must be included as well. 4.02. Performance Reports: The CCCVB shall periodically report to the City Council on the activities and work accomplished. The CCCVB shall make any special presentations or prepare specific reports, if requested by the members of the City Council, within 30 days of the request. 4.03. Annual Reports. The CCCVB shall report annually on the outcomes of the performance measures presented in the Business /Marketing plan for the previous year. The Annual Report is due within sixty (60) days after the end of each fiscal year while this Agreement is in effect. 5. PERFORMANCE MEASURES. 5.01. The performance of the CCCVB under this agreement is based on level of hotel occupancy tax earned. 5.02. CCCVB shall be deemed to have met its performance requirements for a particular fiscal year if the amount of 7% portion of the hotel occupancy tax earned and received by City for that CCCVB fiscal year meets or exceeds the minimum threshold of $6,200,000. 5.03. Subject to the approval of the City Manager, the CCCVB shall, before undertaking any special marketing campaign that is specifically funded by the Special Marketing Fund, project the percentage increase in anticipated increase in Hotel Occupancy Tax ( "HOT ") revenues are expected over the prior three year rolling average of HOT revenues. Page 3 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 11042010ge0 5.04. CCCVB's fiscal year begins August 1 and ends July 31. 6. CONDUCT OF SERVICES 6.01. All of the Services provided by the CCCVB under this Agreement must be in conformity with the purposes for which the HOT revenues may be expended as authorized in the laws of the State of Texas. 7. BOND. 7.01. The officers and employees of CCCVB designated to withdraw funds from the convention and visitor fund must be covered by a blanket fidelity bond in a penal sum of $100,000. The bond must be provided by CCCVB, issued by a corporate surety designating CCCVB as named insured, the City as an additional named insured, and in the form as to be approved by the City Attorney. 8. COMPENSATION. 8.01. The City agrees that for the convention and visitor services performed by CCCVB under this Agreement, the City shall pay CCCVB annually the sum of 40% of the City's 7% hotel occupancy tax receipts received by the City for the CCCVB's current fiscal year, divided into monthly payments described in Section 8.02. The amount to be paid to CCCVB is referred to in this Agreement as the Base Amount. Provided, however, that should hotel /motel tax receipts received by the City for the twelve months ending March 31 in any year fall below $5,580,000, the Base Amount for the following fiscal year may be renegotiated. Each of the above amounts must be calculated based upon the amount of City hotel /motel tax receipts received by the City, excluding the two percent increase adopted in 1999 for convention center expansion and revenues authorized to clean and maintain public beaches by Chapters 156 and 351, Texas Tax Code. 8.02. During the term of this Agreement, the City shall pay to CCCVB a sum equal to one - twelfth of the total annual amount payable to CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month; provided however, the City Manager is authorized to alter the payment schedule to increase payments early in the year if the payments are justified by documentation provided by CCCVB. 8.03. CCCVB may be entitled to additional incentive payment, to be calculated as follows: CCCVB shall receive 55% of the City's 7% hotel tax receipts (which excludes the 2% dedicated to repay the debt on the American Bank Center and amounts authorized by State law for use to clean and maintain public beaches), for amounts which exceed the 3 year rolling average by more than 5 %, adjusted for the rate of inflation or deflation as the reported in the Star Report from Smith Travel Research, or similar mutually agreed upon index. The 3 year rolling average is the average of the City's 7% hotel tax receipts for previous three fiscal years. For example, suppose the amount of hotel tax receipts for calendar years 2007 through 2009, after being adjusted for an inflation or deflation, is as follows: Page 4 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 11o42oLitjan Fiscal Year 2007 2008 2009 2010 Amount of 7% hotel tax receipts $6,000,000 $6,180,000 $6,365,400 $6,750,000 The 3 year rolling average for fiscal year 2010 is the average of the receipts for years 2007, 2008, and 2009 is $6,181,800. The amount that exceeds the 3 year rolling average by more than 5% would be $6,367,254 ( $6,181,800 X 105% equals $6,490,890). Therefore, in this example, the incentive base to CCCVB in fiscal year 2010 would be the difference between collections of $6,750,000 and $6,490,890, which equals $259,110. Therefore, 55% of $259,110, or $14Z511, would be paid as an incentive to the CCCVB. Any year in which a limited number of events or groups cause a disproportionate increase in the HOT collections, the prior year's HOT collection plus 5% will be substituted for the actual collection for that year. (The example above does not reflect any adjustments for inflation of deflation.) 8.04. The City reserves the right to renegotiate in the second year of this agreement an increase in the threshold required to be surpassed for the CCCVB to be eligible for the increased incentive payment (i.e., current rate is 5 %). 8.05 The City shall fund a Special Marketing Fund, with an initial balance of $500,000, which the CCCVB may use special marketing campaigns 8.06 The City reserves the right to renegotiate the CCCVB's accountability for return on investment on the expenditures of the Special Marketing Fund in the second year of the agreement. 8.07 To receive an incentive payment, CCCVB must be in compliance with all terms of this Agreement. 9. BOARD OF DIRECTORS 9.01. The affairs of the CCCVB shall be governed by a board of directors ( "Board "), which must be composed of eleven (11) members selected directly by the City Council of the City. The members must be representatives of the following groups: 2 members from the hotel industry; 2 members from the attraction industry; 2 members from the restaurant industry; and Page 5 of 9 CCCVB CONSULTING SERVICES AGREEMENT - 1104212142C119 an 5 members from the community at large. 9.02 The Mayor and City Manager, or their designees, shall serve as ex- officio advisory non- voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Corpus Christi International Airport, and a representative from the Regional Transportation Authority to serve as ex- officio advisory non - voting members 9.03. Appointments to the Board will be for staggered, two -year terms. Current members of the Board may serve until their current terms expire. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless the service is required by virtue of the person's position or title or to complete an unexpired term. 9.04. The CCCVB may make recommendations to the City Council for directors as directors' terms expire, but the CCCVB always shall nominate more individuals than the number of positions available. The City Council will provide serious consideration to the board's recommendations, but is not restricted to select members submitted by the CCCVB or any other group. 9.05. Unexcused absences from more than twenty five (25) percent of regularly scheduled meetings during a term year must result in an automatic vacancy, which vacancy must be promptly reported to the City Council. An absence must be unexcused unless excused by the board for good cause no later than its next meeting after the absence. Any member, otherwise eligible, may not be precluded from reappointment by reason of the automatic vacancy. 9.05. CCCVB's Board of Directors may establish those standing committees it deems necessary. The Board is authorized to and must employ a President/Chief Executive Officer to exercise day to day management and administration of CCCVB. 9.06. The Board of Directors will operate under bylaws developed by the Board. Changes to the bylaws may be made only by a two- thirds vote of CCCVB's Board of Directors. No change in bylaws may be considered, which is inconsistent with any provision of this Agreement. The City Manager will be notified of any proposed changes to the bylaws at least two weeks prior to the adoption of the bylaws by the Board of Directors. 9.07. CCCVB agrees that meetings of its board of directors must be open to the public, and the meetings may be closed only when the board determines that an executive session is necessary for the purpose of discussing proprietary business. 9.08. The City and CCCVB agree that in no event may the City be liable for any contracts made by CCCVB with any person, firm, corporation, association, or governmental body Page 6 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 1104201$ 2lpgrt 9.09. The City and CCCVB agree that in no event may the City be liable for any damages, injuries, or losses charged to or adjudged against CCCVB arising from its operations, or the use or maintenance of its facilities. 10. TERM AND TERMINATION 10.01. The term of the Agreement commences as of November 1, 2010 and continues until July 31, 2015, subject to termination as provided in this Agreement. 10.02. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to the other party. In the event the City cancels this Agreement upon one year's notice, the City assumes any obligations of the convention and visitor's fund with a term of less than one year and any other obligation approved in advance by the City Manager. The City reserves the right to terminate the contract without notice for cause. 11. MISCELLANEOUS 11.01. This Agreement constitutes a novation and supersedes all other contracts and understandings previously made between the City and the the Corpus Christi Convention and Visitors Bureau. 11.02. CCCVB specifically reserves the right to change its name as a corporate entity and do business under one or more assumed names in compliance with the laws of the State of Texas. No change of name or use of additional names may be deemed a modification of this Agreement. 11.03. CCCVB shall comply with all applicable Federal, State, and local laws, rules and regulations, in providing services under this agreement. 11.04. All notices, requests or other communications related to this Agreement must be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or (b) delivering the same to the party to be notified. Notice given under (a) of the prior sentence are effective upon deposit in the United States mail. The notice addresses of the parties, until changed as provided in this Agreement, are as follows: City: City of Corpus Christi, Texas Attention: 'Angel R. Escobar, City Manager 1201 Leopard Street P. O. Box 9277 Corpus Christi, Texas 78469 CCCVB: Corpus Christi Area Convention & Visitors Bureau 1201 Shoreline Drive Corpus Christi, Texas 78401 Attn: President Page 7 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 1104204021F1 11.05. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for it is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement be given full force and effect for its purpose. 11.06. No amendments, modifications, or other changes to this Agreement are valid or effective absent the written agreement of the parties. This Agreement may be executed in one or more counterparts, each of which are deemed an original, and all of which constitute, but one and the same instrument. 11.07. It is understood and agreed that CCCVB may copyright, to the use and benefit of the City of Corpus Christi, any material or document it deems appropriate and qualified for copyright and may administer the copyrights for the City during the term of this Agreement. 11.08. CCCVB agrees to comply with attached Exhibit A regarding insurance requirements. Executed on the dates indicated below binding the respective parties as of the date of last signature. CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI CONVENTION & VISITORS BUREAU By: 'Angel R. Escobar City Manager By: Keith Arnold Chief Executive Officer Date: Date: ATTEST: Armando Chapa City Secretary Page 8 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 110420141AEO l APPROVED AS TO LEGAL FORM: This 4th day of November, 2010 R. - y ' • fining First Assistant Cit Attorney For City Attorney Page 9 of 9 CCCVB CONSULTING SERVICES AGREEMENT -- 11042019 EXHIBIT A INSURANCE REQUIREMENTS I. CCCVB'S LIABILITY INSURANCE A. CCCVB may not commence work under this agreement until all insurance required in this Agreement have been obtained and the City has approved the insurance. CCCVB may not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. CCCVB must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non - renewal, termination, or material change is required on all certificates Bodily Injury and Property Damage Per occurrence /aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products! Completed Operations 4. Contractual Liability $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY: Coverage provided must cover officers, directors, employees and agents, including: 1. ERRORS and OMISSIONS $1,000,000 COMBINED SINGLE LIMIT In the event of accidents of any kind, CCCVB must furnish the City's Risk Manager with copies of all reports of accidents within 10 days of any accident. A -1 CCCVB CONSULTING SERVICES AGREEMENT - 110420442r1 II. ADDITIONAL REQUIREMENTS A. CCCVB's financial integrity is of interest to the City; therefore, subject to CCCVB's right to maintain reasonable deductibles in such amounts as approved by the City, CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension of the Agreement, at CCCVB's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -Vll. B. The City is entitled, upon request and without expense, to receive copies of the policies, declarations pages, and all endorsements to the policies, as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties to this Agreement or the underwriter of any such policies). CCCVB shall comply with any requests, and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. CCCVB shall pay any costs incurred resulting from the changes. All notices under this Exhibit must be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 Fax #: (361) 826 -4555 C. CCCVB agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, with respect to operations and activities of, or on behalf of, the named insured performed under this Agreement with the City, with the exception of the workers' compensation and professional liability policies. 2. Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi, where the City is an additional insured shown on the policy. 3. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal, or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. The City shall have the option to suspend CCCVB's performance should there be a lapse in coverage at any time during this Agreement. Failure to A -2 CCCVB CONSULTING SERVICES AGREEMENT -- 1104201Q2Vn provide and to maintain the required insurance constitutes a material breach of this contract. E. In addition to any other remedies, the City may have upon CCCVB's failure to provide and maintain any insurance or policy endorsements to the extent and within the time required, the City has the right to order CCCVB to stop work under this Agreement, and may withhold any payment that becomes due to CCCVB under this Agreement until CCCVB demonstrates compliance with the requirements of this Exhibit. F. Nothing in this Exhibit may be construed as limiting in any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractors' performance of the work covered under this Agreement. G. It is agreed that CCCVB's insurance is deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this Agreement. H. It is understood and agreed that the insurance required by this Exhibit is in addition to and separate from any other obligation contained in this contract. A -3 CCCVB CONSULTING SERVICES AGREEMENT - 110420102Pan 19 CITY COUNCIL AGENDA MEMORANDUM November 16, 2010 AGENDA ITEM: RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S STATE AND FEDERAL LEGISLATIVE PROGRAM FOR 2011. ISSUE: Prior to the commencement of each state legislative session, the City of Corpus Christi staff, working with input from the City Council, key stakeholders from the community, the Texas Municipal League, National League of Cities and our legislative consultants in Austin and Washington, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities during the 140 days of the State legislative session as well as our ongoing efforts in Washington, D.C. REQUIRED COUNCIL ACTION: Approval of the Resolution CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Resolution in support of the proposed state and federal legislative program for 2010. udy Gar Director •'tergover►%' at Relations (361) 826 -3082 rudygaccctexas.com Attachments: 1. Proposed City of Corpus Christi State & Federal Legislative Program for 2011 2. Texas Municipal League Policy Committee Reports a. Municipal Revenue & Taxation b. Eminent Domain/Regulation of Development c. Utilities & Transportation d. General Government CITY OF CORPUS CHRISTI City.of Corpus Christi State and Federal Legislative Program for 2011 Presented by Rudy D. Garza Director, Intergovernmental Relations November 16, 2010 Introduction and 82nd Legislative Session Outlook Prior to the commencement of each legislative session, the City of Corpus Christi staff, working with input from the City Council, key stakeholders from the community, the Texas Municipal League, National League of Cities, U.S. Conference of Mayors and our legislative consultants in Austin and Washington, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities during the 140 days of the State legislative session as well as our ongoing efforts in Washington. In each legislative session, the number of bills that are introduced is massive. For example, over 1500 bills were filed that had the potential to impact city operations, with over 120 of those bills passing. A large percentage of the efforts by cities throughout the State are continually directed at simply preventing legislation from passing which would negatively impact cities. Over the last few legislative sessions, the City of Corpus Christi, with the support of our local legislative and congressional delegations, has had very good success in not only stopping bad bills from passing, but also in the proactive passage of legislation important to our community. The upcoming 82nd Legislative Session of Texas in 2011 is shaping . up to bea-challenging environment for cities as well Among the many issues we will follow are significant budgetary issues facing the state and the potential impact to local governments,, continued challenges as it relates to transportation funding and the sunset review process`of :27 state agencies, as well as issues related to redistricting that has potential consequences for the representation of our community at the state and federal levels. During the upcoming session we anticipate addressing proposals on a number of city, specific issues ranging':: from revenue and taxation to utility and transportation to land •use. and developmentrelated issues. In addition, water related legislation will continue to be a focus of our.efforts:due to the fact that Corpus Christi has adequately planned, made preparation for, and paid for water resources sufficient to serve our citizens, which we must protect. At the federal level, funding continues to be a challenge for many programs of critical importance to our community. While our community can look back on many successes in Washington in the past, such as completion of the Packery Channel project, numerous grant awards through multiple federal agencies, and funding received through the Federal Stimulus Program, there is still much work to be done. Transportation funding beyond 2010 will be a major focus of our efforts in Washington collectively with other communities around the state and nation. We continue to look for any funding opportunities for critical infrastructure and are seeking continuation of programs such as Renewal Community, CDBG and other programs that help us revitalize our community. As in the past, the City anticipates working very closely with our legislative delegation. We will also continue to work closely with the Texas Municipal League (TML) and the very active lobbying teams of the largest cities in Texas, of which Corpus Christi is a participating member. The following legislative program is broken down into sections each representing a major part of municipal government beginning with a general statement of operating procedures. —229— A separate section of Federal legislative issues is included at the end of the program and is considered to be a part of our overall legislative efforts. At the federal level, we utilize the National League of Cities and U.S. Conference of Mayors for information and joint advocacy when appropriate. The execution of this legislative program is coordinated by the Director of Intergovernmental Relations, under the general direction of the City Manager upon approval of the program by the City Council. The Mayor and City Council Members, as well as members of City staff including the City Manager, Police and Fire Chiefs, the City Attorney and his staff, and key department heads may be called upon to testify in Austin and in Washington, in support of this legislative program as necessary. I. GENERAL POLICY AND PROCEDURES a. The City will SUPPORT legislation and/or administrative actions that: 1. Protect and enhance City revenues. 2. Reduce costs to the City. 3. Support local control. Protect policies previously established by City leadership through the Charter, ordinances, resolutions, and master plans. 5: Provide increased educational' opportunities for the citizens of `Corpus • :' °Christi and the Coastal Bend region. Increase economic' development opportunities for the Coastal Bend region. b. The City will OPPOSE legislation and/or administrative actions that: 1. Undermine the principle of home rule and local control by the City. 2. Result in the loss of revenue or negatively impact potential revenue growth to the City. 3. Diminish the authority of cities to regulate and manage their growth and development. 4. Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. 5. Impose unfunded mandates that require any expenditure by the City unless all costs, including administrative as well as direct costs, are fully reimbursed by the mandating governmental entity. 6. In any way endangers, nullifies, or transfers any of the City's water rights. —230— c. The City Council will determine the City's position on all legislative issues. d. The City's Boards, Commissions, and Advisory Groups may not represent in oral testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. e. Positions on legislative and/or administrative actions originating outside of the City Council, but within the City's governmental framework, shall be submitted to the City Manager for review prior to consideration by the City Council. f. The legislative or administrative positions herein approved, and others separately approved by the City Council, shall be communicated to the legislative and congressional delegations, to the Texas Legislature and U.S. Congress, in general, and/or to the appropriate legislative committees, committee members, and administrative agencies or to others by the Mayor, the City Manager, the Director of Intergovernmental Relations, other City staff, legislative liaisons and others designated by the City Manager. 9. J• Where possible and where there is a commonality of interest, the City will coordinate its legislative and administrative program with other political jurisdictions and other key community stakeholders in the region and provide assistance to those entities. The city will support the legislative programs of the Texas Municipal League and • other statewide municipal advocacy organizations, except to the extent a conflict exists with any policy or legislative position herein It is recognized that this policy will ,often be implemented in the context of =great numbers of voluminous proposals being considered within short time periods : City representatives, under the direction of the City Manager, shall be autho rized'to act on behalf of the City consistent with the necessarily broad policy concerns set forth • in this policy. in this policy, items are classified under three levels of importance, Priority, Actively Support, and Endorse, as follows: 1. Priority means that the City will actively pursue and support (or oppose, as specified) the policy including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. 2. Actively Support means the City will aggressively attempt to obtain passage of a measure if it is introduced by some other entity (or actively oppose, as specified). 3. Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. II. FINANCIAL INTEGRITY PRIORITY a. Franchise Fees. The City unalterably opposes any measure which would reduce the City's existing franchise fees, the growth of those franchise fees, or its ability to charge franchise fees, and any measure which, would prevent the City from requiring utilities to bear 100% of costs associated with relocations of utilities required by the City or which would impair City regulation of use of rights -of -way. Franchise fees are essential to continuation of basic services. A vote to reduce franchise fees would be a vote to increase local ad valorem taxes or reduce basic local services such as police, fire, roads, and parks, and would constitute a gift of public property for private purposes. b. Hotel Occupancy Tax. The City supports expanding eligible expenditures under the Local Option Hotel Occupancy Tax to include Packery Channel and inland bay and beach related projects. c. Convention Center Development. The City supports inclusion of Corpus Christi in state programs designed to increase convention and tourism business, including programs that assist in the development of a convention center hotel and.-other related facilities. ACTIVELY SUPPORT: Liability 'Law. The City supports legislation to reduce potential liability Of" municipalities' and municipal employees for torts and .,other actions and opposes legislation which would increase such liability. d. Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. e. Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity provisions in public works contracts. f. Mandated Fees. The City opposes legislation which would impose requirements of a city to raise municipal fees and remit those revenues back to the state, unless use of the monies would be dedicated for programs beneficial to the City. ENDORSE g. Municipal Court Costs. The City opposes additional State or County fees or court costs on municipal courts. h. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. III. ESSENTIAL INFRASTRUCTURE PRIORITY a. Water. 9. Protection of Water Rights. As its highest priority, the City supports legislation to be adequately compensated for and to protect the City's water supply and water rights, and to enable the City to expand its water supply and rights, and strongly opposes legislation which would diminish or challenge such water supply or water rights or the City's ability to expand such supply or rights. 2. Desal and other Water Development Projects. The City supports legislation to provide special set -aside funding for desalination programs and other technology innovation projects for water source development. 3. Aquifer Storage and Recharge. The City strongly supports the ability of cities to form, operate, and expand aquifer storage and recharge districts. ACTIVELY SUPPORT b. Transportation. 1. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources .from the State, particularly legislation impacts continued development of the I :- 69 corridor along U.S. 77 linking Corpus Christi to both Houston and the Lower Rio Grande Valley. 2. Funding for Construction and Maintenance. The City supports legislation that would stabilize the level and availability of state transportation funding for construction and maintenance at TXDOT. 3. Sunset. TXDOT is up for Sunset review during the 82nd legislative session. The City will be monitoring proposals by the 82nd Legislature to restructure TXDOT and will support proposals that benefit the Corpus Christi District and oppose proposals to our detriment. In addition, the City supports increasing local input into the decision making process at TXDOT. c. City Streets /Maintenance. Maintenance of City streets throughout the State is chronically under funded. The City strongly supports legislation which would allow cities to have additional local revenue sources specifically earmarked for street maintenance in our city. IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORITY a. Development. The City strongly opposes legislation which would erode municipal authority to regulate development for the public safety, health and welfare, including, but not limited to, locations of manufactured housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. b. Annexation Authority. The City opposes legislation that would erode current annexation authority. c. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumption. d. Special Districts. The City supports legislation to create special districts within the City to address economic development, redevelopment, and preservation of property values in neighborhoods within the City. ACTIVELY SUPPORT e. Affordable Housing. The City supports affordable housing initiatives that do not undermine the City's regulatory authority to protect the public health, safety, and welfare. Building Codes. The :City.supports• maintaining. :and :expanding municipal authority to select building codes and make local amendments as determined by local city councils, and opposes legislation eroding such authority such as by mandating adoption of particular codes. 9. Nuisance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. h. Condemnation Authority. The City opposes legislation that would erode condemnation authority. Dune Protection. The City supports city administered dune protection within a city's limits and ETJ. The City also supports expanding existing dune protection programs to meet the ecological and public safety needs of our specific area to address the narrowing of beaches along North Padre Island beaches. ENDORSE Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. V. CHILDREN AND YOUTH ACTIVELY SUPPORT a. Juvenile Crime. The City supports legislation to reduce crime and delinquency among children and youth, to promote their development and well being, and continued funding of Community Youth Development programs. b. CHIP funding. The City supports expansion of the Children's Health Insurance Program to the greatest extent possible so that no child is left uninsured in the State of Texas. VI. EDUCATION PRIORITY a. Higher Education. Texas A &M University — Corpus Christi. The. City supports legislation to obtain sufficient financial support for higher education in this area, especially legislation to enable Texas A &M University- Corpus Christi to continue to operate as a strong and viable four -year university. Del Mar College. The City supports. legislation to insure adequate funding for the - operation and programs of the Del Mar Junior College District, including Full. Formula .Funding and expansion of the District to adequately reflect its service area. b. Support of Local School Districts. In general, the City supports the legislative programs of local school districts leading to enhancement of educational opportunities for the citizens of Corpus Christi. c. Support for Job and Vocational Training. The City strongly supports the continuation and expansion of the Skills Development Fund. In addition, the City supports the efforts of vocational training in our public schools as well as programs at Del Mar College. d. Dropout Prevention. The City strongly supports legislation for programs and funding to address our area's high dropout rate. e. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. VII. PUBLIC SAFETY AND HEALTH PRIORITY a. Emergency Service District. The City supports legislation permitting 118¢ over the 2¢ local Sales Tax cap for Emergency Service Districts or enabling legislation to utilize capacity under the sales tax cap for this purpose when it becomes available. b. Vehicle Registration Fee. The City supports legislation to amend current law to allow for an increase in optional vehicle registration fees for programs such as child safety and allow cities to impose the fee. c. Photographic Traffic Signal Enforcement: The City opposes legislation that would prohibit or hamper cities effectively employing photographic traffic signal enforcement. ACTIVELY SUPPORT d. 911 Emergency Service Systems. The City opposes legislation that would hinder the City's operation of its 911 system, inequitably affect the Corpus Christi area on 911 funding, or which would limit its ability to charge an . appropriate fee for 911 services. e. Court Appearance. The City strongly opposes any effort to allow a defendant to waive their personal appearance at a Municipal Court Trial other than those who also waive their right to a jury trial. Public S moking Ban.. The City supports statewide, efforts to protect the public from second hand smoke by strengthening the law to prohibit smoking in indoor public areas and worksites. Graffiti Crimes. The City supports legislation , that strengthens penalties for property damage associated with graffiti crimes and increased funding for graffiti removal programs. ENDORSE h. Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. VIII. UTILITIES PRIORITY a. Compensation for Right -of -Way Use by Utilities. The City strongly supports the ability of a city on behalf of its citizens to be adequately compensated for the use of city lands and right -of -ways by utilities. b. Right -of -Way Control. The City opposes legislation that would erode the authority of cities to manage and control their rights -of -way and other public property. c. Video /Cable Regulation. The City opposed the ability of a video/cable operator to cancel existing franchise agreements and supports an adequate compensation for the use of city rights-of-way as well as local oversight of video/cable with regard to service quality, customer service, and the provision of public access. d. Solid Waste. The City opposes any legislation that would negatively affect the financial viability of municipally owned and operated solid waste collection and disposal facilities. e. WiFi. The city opposes any legislation that prohibits or obstructs the ability of a city to provide WiFi services for its citizens. IX. ENVIRONMENT PRIORITY �. a. Air Quality. The City supports continued allocation of financial resources for near non- attainment areas, which is essential for those communities striving to remain within recently reduced federal guidelines for air quality. Specifically, the city will protect funding for our Pollution Prevention Partnership by opposing efforts at the staff level of the TCEQ to dilute funding through Rider B, by expanding programs to additional communities without adequate funding to support such an expansion. With adequate funding, the city could support such an expansion. Additionally, the city supports continued local input over air quality programs. b. National Estuary Program. The City of Corpus Christi actively supports State funding of the local National Estuary Program. It is an important priority that the program continue to be funded, possibly at an elevated level. c. Regional Water Planning. The City supports continued funding of regional water planning and expansion of innovative programs to enhance water source development and funding initiatives under the state water plan. d. Parks and Recreation Funding. The City strongly supports increased funding for the Texas Recreation and Parks Account Local Park Grant Program. ACTIVELY SUPPORT e. Beach Cleaning. The City supports full State funding of the beach cleaning program. f. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. g. Drainage / Stormwater. The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist local communities in solving such problems. h. Solid Waste. The City supports legislation that would enhance its ability to maintain adequate funding for the operation of its present and future landfills or that would strengthen city authority over landfill operations, as well as legislation that encourages or incents citizens to participate in recycling programs at the local level. The City opposes legislation that would undermine adequate funding of city landfills, impose regulations more stringent than federal law, or erode city authority over landfill operations. X. ECONOMIC DEVELOPMENT PRIORITY a. Military. The City supports continued funding and legislative support of the Texas Military Preparedness Commission, increased funding for BRAC related activities, and other efforts to preserve existing military bases in Texas and specifically those in the coastal bend region. b. Economic Development Areas. The City strongly supports legislative initiatives to provide stronger and more powerful economic development tools for local, State or federally created or designated economic development areas. c Texas Enterprise Fund (TEF) and Texas Emerging Technologies Fund (ETF). The City supports a more regional and industry specific approach to the awarding of funds through the Governor's TEF and ETF programs, as established by the legislature, so that all communities in Texas, both large and small, benefit from these programs. d. Texas Enterprise Zones. The City strongly supports a clarification to the Texas Enterprise Zone program that would address overlap in Enterprise Zone districts to allow for San Patricio County to designate their slots to projects that are in San Pat County, but reside in the ET,! of the City of Corpus Christi or vice - versa. The City also supports legislation that would allow for property acquisition as an eligible project under the Texas Enterprise Zone program. e. Type A Corporations. The City supports legislation that would clean up statutes related to Type A corporations and their use for certain economic development purposes (such as Airport related projects). —238— ACTIVELY SUPPORT f. Economic Development Authority. The City opposes legislation which would erode municipal economic development authority. g. ENDORSE Workforce Development. The City supports local control over employment training programs, continuation of Smart Job training grants and. the Skills Development Fund, and State funding for adult literacy programs. XI. EFFICIENT ADMINISTRATION PRIORITY a. Open Meetings Act. The City opposes making the Open Meetings Act more restrictive and supports legislation related to the open meetings act that promotes efficiency in government. ACTIVELY SUPPORT c. Sales Tax Exemption. The City opposes legislation that would enact a sales tax exemption that isn't a local option exemption. d. Delinquent Sales Tax. The City opposes legislation that would abolish the authority of cities to sue for delinquent sales taxes or to join in an attorney general's suit. e. Notification of Delinquent Amounts of Sales Taxes. The City opposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. f. Rate Case and Complaint Dockets. The City supports legislation that would establish the right of cities to recover expenses related to utility rate cases and complaint dockets within a reasonable time and require utilities to recover rate case expenses out of stockholders' equity when a utility rate case is found to be unjustified. g. Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees paid by water or wastewater permittees. h. Sales Taxes. The City supports allowing the pledge of local sales tax revenues for other priorities and financial obligations outside of economic development, as determined by the local governmental entity. FEDERAL LEGISLATIVE PROGRAM A. Creation of Jobs. The City will continue to support efforts at the federal level to create jobs in the Coastal Bend Region. The City will continue to work with key partners, including our local congressional delegation, and local partners, such as the Port of Corpus Christi, Corpus Christi Regional Economic Development Corporation, and others, to ensure we successfully promote our region at the federal level. B. Monitoring of Regulatory Action. As the current Presidential Administration and Congress continue to remain deadlocked we expect policy initiatives to be sought through regulatory agency action. The City will continue to establish and foster relationships with federal agencies to remain engaged in these regulatory proceedings. C. Transportation Authorization. The City supports action by the federal government to authorize sufficient funding for the Highway Trust Fund, seek new sources of funding for transportation infrastructure, increase programs and investment in rail infrastructure, funding for expanded runway facilities at the Corpus Christi International Airport, and support of public transportation systems in our country. D. Military. The city strongly supports legislation /funding /actions to maintain and expand our local areas' military facilities as one of the City's highest priorities, specifically funding for expansion of NAS Corpus Christi /CCA D and the continued redevelopment of Naval Station Ingleside. E. CDBG /HOME Funding. The City has found Federal funding of the CDBG and HOME Program to be essential to the continued well being and revitalization of the City. Therefore, the City strongly supports continued and increased funding for the programs. F. Homeland Security. Due to greatly increased costs of local security activities, the City supports continued and increased funding of homeland security to cities and expansion of programs to enhance a federal agency presence in the Coastal Bend area. G. Coordination with Local Agencies & CC to DC Program. Whenever possible and particularly where there is a commonality of interest, the City will support local agencies and organizations such as the County, RTA, the Port, our educational institutions and others in their efforts to secure favorable legislation and/or funding for the betterment of our community at the federal level. The City will also continue to assist in the organization and execution of the CC to DC program. H. Protection of Right of Way Fees and Authority. The City strongly supports its traditional authority to charge rental value to private companies for the use of valuable public rights of way, and to reasonably regulate the rights of way for the benefit of the public. The City strongly opposes any dilution of its traditional authority. Water Resources Development Act. The City supports additional funding for channel maintenance and development of recreational areas surrounding the Packery Channel in FY 2011. The City also supports funding programs to study erosion and nourishment programs for targeted beach areas of North Padre Island. —240— ATTACHMENT Governmental Relations Consultant Biographies Focused Advocacy (State Legislative Consultants): Snapper Carr, Partner and Genera! Counsel Snapper Carr is widely recognized among legislators and industry representatives as an expert on municipal, telecommunications and utilities issues. As the company's general counsel, Carr represents the needs of local governments before the Texas Legislature. Before becoming a partner in Focused Advocacy, Carr served as general counsel and consultant for HiliCo Partners, a legislative and public affairs consulting firm, from 2006 through 2009. During his time at HiIICo, Carr assisted in the drafting and passage of more than 100 statutory changes, including historic legislation regarding water regulations and supply. Carr was responsible for managing and developing an extensive public and private sector client base that relied on his extensive knowledge and capabilities to effectuate significant public policy changes. From 1998 - 2006, Carr held the position of legislative counsel and associate for the Texas Municipal League (TML), representing municipal interests before state and federal legislative, administrative and judicial bodies. From 1994 to 1998, he was the chief committee clerk for two Texas House standing committees - the Committee on State Affairs and the Committee on Land and Resource Management. He also has`provided media and issue consulting services for numerous political and public relations campaigns. Carr has been.the recipient of many professional and academic awards, including the prestigious James W. McGrew Research Award from the American Society for Public Administration and the Judge Susan Covington Service Award for Pro Bono -Legal Work. He also was recognized as a finalist for the American Bar Association's National Appellate Advocacy Competition. Carr earned his J.D. and bachelor's degree in communications from The University of Texas at Austin. Brandon Aghamalian, Partner and Vice President, Business Development Brandon Aghamalian is widely recognized as an expert on local government, transportation, economic development, property tax and cultural arts issues. As the company's vice president of business development and co- founder of the legislative division, his primary focus is representing the needs of local governments before the Texas Legislature while also designing communication and grassroots campaigns. Over the course of his career, Aghamalian has also become a trusted advisor and consultant to business leaders across the state regarding economic development and expansion projects. Prior to joining Focused Advocacy, Aghamalian was a public affairs consultant at HillCo Partners where he founded the company's local government practice, managing a multi- million dollar practice group. During his time at HillCo, Aghamalian represented dozens of municipalities before the Texas Legislature and worked with the Texas film and television industries to design and fund a $60 million incentive program. He also successfully -241- managed several projects to secure millions of dollars in tax incentives on behalf of clients expanding facilities or creating new jobs in Texas. Before joining Hi!ICo Partners, Aghamalian was the director of governmental relations for the City of Fort Worth from 2002 to 2006, where he served under Mayor Ken Barr and Mayor Mike Moncrief. While in Fort Worth, Aghamalian represented the city at both the state and federal level, and also served as the liaison to the Texas Municipal League, the National League of Cities and the U.S. Conference of Mayors. Aghamalian previously worked as the chief of staff for then -Rep. Kim Brimer (R -Fort Worth) where he assisted in the passage of HB 1200, the Texas Economic Development Act, which provides incentives for capital - intensive industries to build or expand in Texas. Previous to that, he served as the director for the House Committee on Business and Industry where he helped negotiate a massive overhaul to the state's workers' compensation system (HB 2600) and the state's job training fund. Prior to that, Aghamalian was the Legislative Director for Rep. Todd Smith (R- Euless). From 1993 to 1997, Aghamalian served as the legislative coordinator for the Texas Parent Teacher Association. He has also served as an adviser and fundraiser for several political campaigns. Aghamalian earned his J.D. and master's degree from the University of Texas in Austin, and his bachelor's degree in accounting from Texas State University in San Marcos, where he also was a NCAA - scholarship track athlete and student body vice - president. Meyers & Associates (Federal Legislative Consultants): Larry Meyers, President Larry. Meyers ..has over 34 years of experience since coming to Washington with then Senator Lloyd Bentsen (D -TX), former chairman of the Senate Finance Committee, and former Secretary of the U.S. Treasury. After four years with the senator, serving as legislative director, he received an appointment in the Carter Administration being named Director for Congressional Affairs - U.S. Department of Agriculture, responsible for both USDA and White House lobbying activities. He began independent consulting in 1981, and in 1989 was named by Beacham's Guide to Key Lobbyists as one of the top 125 lobbyists out of the several thousand in Washington. For the last twelve years, he has served as guest lecturer at the National Defense University on the topic of "lobbyists and lobbying." Larry also serves on the Board of Directors of Washington First Bank in Washington, D.C. The Corpus Christi community has retained Meyers & Associates since 1993 and past involvement of the firm with the efforts of the City of Corpus Christi includes: the 1993 and 1995 BRAG processes; protection of the Naval Air Station; Choke Canyon Dam debt delay (credited by city financial staff at a $20 million savings); the Mary Rhodes Pipeline; federal funds for the acquisition of the site for the American Bank Center and Bayfront Plaza expansion; and the North Padre Island Project (Packery Channel) authorization and funding. In each case, the firm's work with the members of the Texas congressional delegation representing Corpus Christi were critical to each project's success. The firm also represents Texas A &M University Corpus Christi for the purpose of facilitating federal research dollars to come to the university. Corporate Partners ^0 As Genera 0 cc N i O 0 The City SUPPORTS Cl) c o -o c a) TD m 92 To co co- co 0 U C _C CD IT2 -0 O CO w OE) U _c M> _C O� 0) U-0 o O CZ CO a) •o U a) -0 a) N O E U a)o E uS M— _c 000 _ •_ co Q U (o O o (13= a) cID U 5, m 0 M CD CD O M a)=OO 0) i C Qv) N-t =oo�2�Q •50- a)a i O UO 0 N (a 0 — Qom ).._ >, wa)t400_a 0 0 N 0- O72 2.5 aEt cnaco a°2 0 cc i N 1 •O co 0 a N cucn • W 0 0 0 U a) 1- a) O 0 (0 0 E 5, Tv 0) a) a) c O O ca) O c a) a) Q N c o 0 U) a) o _c a) a) 4 E a) D N 0)y: U c V co 46 'e 12•- (I) o 0)O j �O oUp aw � O a) � oco :401 C cn co U O -C O =w '> O �,•Q �Q73 ww � O i co co O E c� _4- c (0o c a) cp o�.z`� a*-, .v °�) 0) 0 O (11.N o 0_ w Q) co co (1) (.) 0 Q�� p a) — Cl) E 0 �E�� O L- O co L 2 %10... can 0._ O O'_ Q. E Z92 E(a DEFENSE! DEFENSE! DEFENSE! 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RESOLUTIONS APPROVED BY THE MEMBERSHIP OF THE TEXAS MUNICIPAL LEAGUE October 29, 2010 Corpus Christi, Texas CONTENTS Resolution Number Short Title 1 Committee on Municipal Revenue and Finance 3 4 Committee on Eminent Domain/ Regulation of Development Committee on Utilities and Transportation Committee on General Government 5 7 U.S.C. Section 1926(b) 6 Public Information Act 7 Rights -of -Way 8 Appreciation/TML Annual Conference 9 Web Site Posting 10 Residential Sprinkler Prohibition 11 Burglar Alarm Fines Submitted By Committee Chair Webb Melder, Mayor, Conroe Committee Chair Beverly Gaines, Mayor, Webster Committee Chair Nelda Martinez, Councilmember, Corpus Christi Committee Chair Julie Masters, Mayor, Dickinson City of Pflugerville City of San Antonio City of San Antonio TML President Debra McCartt City of Parker Texas Fire Chiefs Association City of Georgetown 1. A RESOLUTION ADOPTING THE REPORT OF THE 2010 TML LEGISLATIVE POLICY COMMITTEE ON MUNICIPAL REVENUE AND FINANCE WHEREAS, the 2010 TML Legislative Policy Committee on Municipal Revenue and Finance was appointed by TML President Debra McCartt in early 2010; and WHEREAS, more than 50 municipal officials from cities of every size across the state served on the Committee; and WHEREAS, the Committee studied numerous issues relating to revenue and finance; and WHEREAS, the Committee has completed its work and has drafted the attached report; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the attached report of the TML Legislative Policy Committee on Municipal Revenue and Finance be accepted and adopted. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. ATTEST: nnett Sandlin Executive Director —255— APPROVED: Debra McCartt President TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON MUNICIPAL REVENUE AND FINANCE Final Summary of Actions Taken May 7 and August 6, 2010 The committee voted to seek introduction and passage of legislation that would: 1. convert the sales tax reallocation process from a ministerial process into a more formalized administrative process that would, at a minimum, require prior notice to all affected parties and impose a time limit of three years on the right of a claimant to request a refund. 2. authorize cities —in relation to annexation, planned annexation, voluntary annexation, or negotiated annexation —to replace some or all ESD sales taxes in an area with city sales taxes, provided an ESD's existing sales tax debt is proportionately and reasonably provided for in some manner. The committee voted to support legislation that would: 1. simplify the effective tax rate calculation for notice purposes only, provided the legislation would have no effect on the underlying effective tax rate and rollback tax rate calculations themselves, nor upon the hold harmless exemptions to those rates. 2. clarify that the "Prop 2" pollution control property tax exemption isn't meant to apply to the environmental characteristics of end products. 3. amend Section 11.1825 of the Tax Code by adding a requirement that community housing development organizations (CHODOs) must receive an exemption from taxation from any affected municipality prior to receiving a tax exempt status from the local property tax appraisal district. 4. return appraisals of oil and gas properties to the pre -H.B. 2982 (2007) methodology. 5. create a new council - option city sales tax for property tax relief that may exceed the two - percent local cap. 6. automatically convert existing sales taxes for property tax relief to . any newly - created sales tax for property tax relief that would not count against the two- percent local cap, 7. apply hotel occupancy taxes to RV parks, except for stays of longer than 30 days. -256- 8. expand the sales tax base, but only if the city tax base fully benefits from the expansion. 9. increase future local parks funding. 10. permit cities to share tax proceeds with other cities as part of a voluntary Chapter 380 economic development agreement. 11. permit a city, by vote of the citizens, to withdraw from an ESD, provided the city will provide fire service inside the city's limits. 12. permit a municipal development district's (MDD) sales tax, notwithstanding a competing ESD sales tax, to apply in the ETJ, as current law allows, provided an ESD's existing sales tax debt is proportionately and reasonably provided for in some manner. 13. provide for the popular election of ESD boards of directors. 14. authorize the expenditure of hotel occupancy taxes on the costs of conducting audits of potentially delinquent taxpayers. 15. change the eight-percent statutory interest rate on property tax refunds under Tax Code Section 42.43 to the rate of the 3 -month treasury bill, as referenced in other portions of that section, as of the date of settlement. The committee voted to endorse legislation that would: 1. require mandatory disclosure of real estate sales prices. 2. modify the Super Freeport property tax exemption statute to match the related constitutional amendment. The committee voted to oppose legislation that would: 1. mandate a reduction in the current ten- percent cap on annual appraisal growth. 2. erode the concept that appraisals must reflect the true market value of property. 3. impose a revenue cap of any type, including a reduced rollback rate, mandatory tax rate ratification elections, lowered rollback petition requirements, limitations on overall city expenditures, or exclusion of the new property adjustment in effective rate and rollback rate calculations. —257— 4. require mailed notice of tax rates. 5. impose new property tax exemptions that substantially erode the tax base. 6. impose a property tax freeze that can be implemented by any mechanism other than council action. 7. remove the authority of a city to collect its own property taxes. 8. extend the "Prop 2" pollution control property tax exemption to processes, facilities, or end products. 9. impose new mandatory homestead exemptions or exemption increases. 10. impose any sales tax exemption that would substantially erode the sales tax base. 11. lengthen or broaden the scope of the current sales tax holiday. 12. impose a requirement that the adoption of a new sales tax for property tax relief shall result in a lower property tax rollback rate for the adopting city. 13. expand the sales tax base without fully benefitting the city tax base. 14. impose destination -based sales tax sourcing. 15. expand an ESD's sales tax authority within city limits. 16. limit the authority of 4A or 4B sales tax corporations. 17. expand election requirements for issuance of any city debt or that would impose a petition/election procedure where none currently exists. 18. prevent a city from applying hotel occupancy taxes on the final cost of the hotel room to the guest, or prohibit a city from suing any entity necessary to collect such hotel occupancy taxes. 19. cut state appropriations for future local parks grant finding. 20. divert sporting goods sales taxes away from use for parks. 21. create earmarks of local parks grant funds. -258 -- The committee voted to recommend that TML take no position on legislation that would: 1. authorize a council- option reduction in the current ten - percent cap on annual appraisal growth. 2. impose small property tax exemptions that serve some social good. 3. modify the Super Freeport property tax exemption (other than legislation that would match the statute to the constitutional amendment). 4. allow a council- option city homestead exemption of up to 30 percent. 5. expand or contract eligibility for the CHODO property tax exemption (other than legislation relating to municipal approval of CHODO exemptions). 6. broaden the authority of 4A or 4B sales tax corporations. 7. align Texas law with the national Streamlined Sales Tax Project (excepting more specific sales tax- related positions taken elsewhere in this legislative program). In addition, the committee voted to recommend that TML support the adoption of the parks study called for by H.B. 12 (2007), thus binding future legislatures to full local parks funding. -259- 2. A RESOLUTION ADOPTING THE REPORT OF THE 2010 TML LEGISLATIVE POLICY COMMITTEE ON EMINENT DOMAIN/REGULATION OF DEVELOPMENT WHEREAS, the 2010 TML Legislative Policy Committee on Eminent Domain/Regulation of Development was appointed by TML President Debra McCartt in early 2010; and WHEREAS, more than 40 municipal officials from cities of every size across the state served on the Committee; and WHEREAS, the Committee studied numerous issues relating to eminent domain and regulation of development; and WHEREAS, the Committee has completed its work and has drafted the attached report; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the attached report of the TML Legislative Policy Committee on Eminent Domain/Regulation of Development be accepted and adopted. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th clay of October, 2010, at Corpus Christi, Texas. ATTEST: B = -_ andlin Executive Director -260- APPROVED: Debra McCartt President TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON EMINENT DOMAIN AND REGULATION OF DEVELOPMENT Final Summary of Actions Taken May 21, 2010 The committee voted to seek introduction and passage of legislation that would allow a city to collect thoroughfare impact fees in the ETJ. The committee voted to support legislation that would: 1. clarify that cities have authority to enforce building codes in the ETJ. 2. grant immunity from liability for certified municipal building inspectors for damages arising from services provided during an emergency. The committee voted to endorse legislation that would grant counties additional land use authority, so long as municipal authority in the ETJ remains superior to that of the county. The committee voted to oppose legislation that would: 1. further erode a city's ability to condemn property for a public purpose, specifically legislation that would: (a) place eminent domain restrictions on cities that are more burdensome than those placed on the state; (b) provide for retroactive application of any eminent domain provisions; (c) erode municipal authority to engage in urban renewal efforts; (d) provide an excessive amount of damages to a property owner whose property is acquired through eminent domain; (e) enact adverse amendments to current law relating to subsequent repurchase of land acquired through eminent domain; or (f) amend the definition of "public use" to include any restriction on traditional public projects, 2. erode current municipal authority to regulate manufactured or industrialized housing. 3. erode municipal annexation authority. 4. erode municipal zoning authority. 5. restrict a city's ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. -261- 6. establish a standard or process for determining economic loss and related compensation resulting from a regulatory action. 7. further erode a city's ability to regulate religious or charitable organizations. 8. enact adverse amendments to the permit vesting statute (Chapter 245 of the Local Government Code). 9. allow special districts to form in the ETJ without a city's permission, or that would impose additional requirements on cities relating to special districts. 10. reduce municipal authority to require exactions related to and required by new development, or that would erode the authority of cities to adopt and enforce minimum development standards. 11. erode a city's ability to make amendments to model building codes. 12. impose additional time restrictions on the issuance of building permits, or that would erode municipal authority regarding building permits in any way. 13. further restrict a city's ability to impose building fees. 14. erode municipal authority in the ETJ. 15. exempt any entity from paying municipal impact fees. 16. require a city to place a disclaimer of any type on a geospatial data product used by the city. 17. erode municipal authority to regulate renewable energy technology and green building initiatives. In addition, the committee voted to recommend that TML support legislation that would assist cities in providing for a greater quality of life and safe neighborhoods, and that TML oppose legislation that would unfarily benefit one property owner to the detriment of the citizens at- large. -262- 3. A RESOLUTION ADOPTING THE REPORT OF THE 2010 TML LEGISLATIVE POLICY COMMITTEE ON UTILITIES AND TRANSPORTATION WHEREAS, the 2010 TML Legislative Policy Committee on Utilities and Transportation was appointed by TML President Debra McCartt in early 2010; and WHEREAS, more than 50 municipal officials from cities of every size across the state served on the Committee; and WHEREAS, the Committee studied numerous issues relating to utilities and transportation; and WHEREAS, the Committee has completed its work and has drafted the attached report; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the attached report of the TML Legislative Policy Committee on Utilities and Transportation be accepted and adopted. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. ATTEST: Executive Director -263- APPROVED: niccov26-- Debra McCartt President TEXAS MUNICIPAL LEAGUE LEGISLATIVE POLICY COMMITTEE ON UTILI'I ES AND TRANSPORTATION Final Summary of Actions. Taken May 14 and August 13, 2010 The committee voted to seek introduction and passage of legislation that would: 1. require accurate fiscal notes on rules proposed by state agencies. 2. require an investor -owned utility to refer to right -of -way rental (i.e., franchise) fees as a "fee" rather than a "tax." The committee voted to support legislation that would: 1. allow for greater flexibility by cities to fund local transportation projects; amend or otherwise modify state law to help cities fund transportation projects; or provide municipalities with additional funding options and resources to address transportation needs that the state and federal governments are unable or unwilling to address. 2. discontinue the diversion of transportation revenues to non - transportation purposes and appropriate all revenues from highway user fees and taxes to fund transportation. 3. provide additional funding to the Texas Department of Transportation for transportation projects that would benefit cities, so long as existing funding formulas are followed. 4. increase state authority over air emissions or water quality as those items relate to gas development, so long as municipal authority in those areas is not eroded. 5. grant cities or counties additional authority to regulate gas wells in a city's extraterritorial jurisdiction (ETJ), so long as municipal authority in the ETJ remains superior to that of the county. 6. require the TCEQ to consider minimum standards for fire protection for new or amended CCN applications for water providers in a city's ETJ. The committee voted to endorse legislation that would: 1. allow municipal wastewater under a "no discharge" permit to be used for irrigation on land that is owned, Ieased, or otherwise controlled by the wastewater permittee, or upon -264- land belonging to another person who has agreed to accept and utilize the wastewater in a manner allowed by TCEQ regulations. 2. provide that all electric generators, regardless of size, should be explicitly barred from the unlawful exercise of market power. 3. provide that entities such as cities harmed by wholesale market abuse should be given explicit standing to participate in market power abuse enforcement actions brought by the PUC. 4. increase fines for market abuses in such a way that the PUC can order full restitution to the market, market participants, or parties injured by the violation. 5. prohibit activities defined as market abuse by the Federal Energy Regulatory Commission. 6. modify the statutory purpose of the PUC to require it to harmonize its pursuit of competition with the protection of consumers of electricity. 7. as a condition of conducting business within Texas, require competitive retail electric providers (REPs) to include among their offers one standard electricity package that has PUC - approved terms and conditions. 8. increase the number of consumer representatives on the ERCOT board from three members to six members. 9. assign a seat on the ERCOT board (and on appropriate budget oversight panels within ERCOT) to the state comptroller's office. 10. require the PUC to pre - approve all debt financing by ERCOT. The committee voted to oppose legislation that would: 1. impose mandatory water conservation measures on cities. 2. impose on cities any additional mandates relating to irrigation/sprinklers. 3. impose state "tap fees" or any other type of state charge on municipal water systems. 4. expand the requirements of S.B. 361 (Eightieth Legislature), which relates to emergency water utility generators, to areas outside Harris County. 5. decrease the authority of a city to be adequately compensated for the use of its rights-of- way. -265- 6. erode municipal original jurisdiction relating to the ratemaking authority of electric utilities. 7. negatively affect the provisions of Senate Bill 5 (Seventy -Ninth Legislature, Second Called Session), which relates to cable competition. 8. erode municipal authority to require utility companies to pay the costs of relocating their facilities in a timely manner as required by current law. 9. limit a city's authority to enter into a solid waste franchise. 10. exempt any entity from paying municipal drainage fees. 11. establish the date of payment of a municipal utility bill as a date other than the actual date of receipt of payment by the city. 12. limit current municipal authority relating to the Gas Reliability Infrastructure Program. 13. amend the Gas Reliability Infrastructure Program to allow the recovery of non - capital expenses by a gas utility. 14. apply the Prompt Payment Act to utility bills submitted to a city if the proposed legislation or rules would diminish a city's ability to dispute charges or recover any excess payments, including interest and the cost of recovery. 15. erode municipal authority over billboards or -that would place any unfunded mandate on cities relating to billboards. 16. enact any provision of the TxDOT sunset legislation that would be harmful to cities. 17. require cities to act as collection agents for the state or a subdivision of the state, or that would allow the state or a subdivision of the state to usurp municipal revenue. 18. establish model rules relating to municipal regulation of gas wells, gas pipelines, or other gas - related equipment, unless the legislation or rules apply to only county regulation in the unincorporated area of the county. 19. weaken the ability of cities to regulate gas wells, gas pipelines, or other gas - related equipment. 20. with regard to state agency sunset or related legislation, adversely affect the interests of cities, including but not limited to their ability to intervene on matters before the a state commission or a court of law. -266- In addition, the committee voted to recommend that TML oppose any provision of the TCEQ sunset legislation that would be harmful to all cities, but take no position on provisions that would benefit some cities while harming others, -267- 4. A RESOLUTION ADOPTING THE REPORT OF THE 2010 TML LEGISLATIVE POLICY COMMITTEE ON GENERAL GOVERNMENT WHEREAS, the 2010 TML Legislative Policy Committee on General Government was appointed by TML President Debra McCartt in early 2010; and WHEREAS, more than 60 municipal officials from cities of every size across the state sewed on the Committee; and WHEREAS, the Committee studied numerous general government issues; and WHEREAS, the Committee has completed its work and has drafted the attached report; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the attached report of the TML Legislative Policy Committee on General Government be accepted and adopted. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. ATTEST: Executive Director -268- APPROVED: Debra McCartt President REPORT OF THE TML LEGISLATIVE POLICY COMMITTEE ON GENERAL GOVERNMENT I. Seek introduction and passage of legislation that would: A. Exempt as many cities as possible from any federal collective bargaining legislation that may become law in the future. B. Create additional, flexible cost-of-living adjustment (COLA) options under the Texas Municipal Retirement System that are not retroactive to a retiree's date of retirement, such options to possibly include one -time increases tied to increases in the consumer price index or flat percentage increases. C. Repeal the requirement in current law that a city must first offer to remove graffiti free of charge prior to requiring the property owner to remove it. D. Enable the use of electronic notice to the public of bid or proposal opportunities. II. Support legislation that would: A. Clarify the authority of cities to use handheld radar/laser speed enforcement technology. B. Make beneficial amendments to the "Scofflaw Program" (Chapter 702, Texas Transportation Code), including removing the fine cap in current law; expanding the law to allow general law cities to participate; and requiring a county tax assessor - collector to refuse to register a motor vehicle if the assessor - collector or the Department of Motor Vehicles receives appropriate information from the city. C. Authorize sobriety checkpoints. D. Increase from $25,000 to $50,000 the dollar amount at which a city council may delegate contract change order approval to an administrative official. E. Allow a city to mandate that pharmacies located within the city participate in a pseudoephedrine reporting program. F. Permit local regulations to prohibit the ownership, possession, harboring, maintenance, transportation, or sales of specific breeds of dogs within a local municipality and/or support the repeal of state law that prohibits breed - specific regulations by home rule municipalities and local municipalities. G. Make the burglary of a motor vehicle a state jail felony with mandatory deferred sentencing for first time juvenile offenders and mandatory jail time for any offender with multiple offenses. -269- H. Exempt a second -in- command police officer who attends any two -year block in the training program at the Bill Blackwood Law Enforcement Institute of Texas (LEMIT) from any line -level training required by the Texas Occupations Code in the same training block, I. Combine the Texas Municipal Retirement System's Municipal Accumulation Fund (MAF), the Current Service Annuity Reserve Fund. (CSARF), and the Employee Savings Fund (ESF). 3. Allow a city (for purposes of the Texas Municipal Retirement System (TMRS) return-to-work provision) to define "full time" as 1,000; 1,250; or 1,500 hours annually, so long as such a change would not endanger the federal tax status of TMRS. K. Amend the Texas Public Information Act to except from disclosure an employee's or official's emergency contact information and any reference to the employee's or official's household. L. Amend the Texas Public Information Act to except from disclosure out -of -state driver's license numbers. M. Amend the Texas Public Information Act to except from disclosure a copy of an employee's identification badge. N. Provide that the interest rate on public improvement district bonds is not limited by Section 373.023 of the Texas Local Government Code. O. Authorize the state fire marshal to investigate all line -of -duty firefighter deaths, including those involving training incidents, fire -based emergency medical service, on -duty motor vehicle collisions, and hm7ardous materials incidents. P. Clarify that peddlers who sell burglar alarm services are not exempt from municipal regulations governing that activity. III. Endorse legislation that would: A. Clarify the authority of general law cities to enact sex offender residency restrictions. B. Make the sale of Salvia divinorum or K2 a state criminal offense. C. Prospectively expand municipal authority relating to interlocal cooperation agreements, so long as such legislation is optional and would not otherwise be detrimental to cities. -270- D. Provide for a statewide, state - funded, electronic pseudoephedrine database program, so long as cities are not required to participate in the program. IV. Oppose legislation that would: A. Erode municipal authority in any way, impose an unfunded mandate, or otherwise be detrimental to cities. B. Repeal or limit red light camera authority generally. (Further, the committee recommends that TML defer to the Texas Red Light Coalition on more detailed matters relating to revisions to red light camera policy.) C. Erode municipal authority to regulate or abate a nuisance in the city Iimits or ETJ. D. Further shift to cities the cost of transporting mental health patients who are under an emergency detention order. E. Erode existing municipal authority relating to sex offender residency restrictions, or create a state standard that preempts current or future municipal sex offender residency restrictions. F. Prohibit peace officers from making arrests for any offense. G. Erode the authority of cities to tow vehicles for no insurance or no driver's license, or exempt motorists from having to pay any vehicle impoundment fee. H. Mandate jail standards for city jails or mandate any form of certification for city detention officers. I. Eliminate any of the current uniform election dates. J. Impose additional state fees or costs on municipal court convictions or require municipal courts to collect fine revenue for the state. K. Permitthe waiver of appearance at a municipal court trial. L. Give state fees and costs precedence over city fees and costs in municipal court. M. Substantively change or expand the scope of the current disease presumption law. N. Expand the current meet - and - confer law. O. Impose expanded collective bargaining rights. P. Enact detrimental amendments to the civil service law (Chapter 143 of the Texas Local Government Code). -271- Q. Impose healthcare or prescription drug mandates or enhancements. R Mandate employment benefit enhancements. S. Mandate city -paid leave for city employees for specific purposes. T. Specify what and how cities may regulate with regard to cell phones. U. Repeal existing municipal ordinances relating to cell phone bans or create a state standard that preempts more restrictive current or future municipal cell phone bans. V. Make the sign - posting provisions of H.B. 55 (2009 — relating to prohibiting cell phone use in a school zone) mandatory for all cities. W. Erode city sovereign immunity. X. Restrict or limit indemnification clauses in construction contracts. Y. Limit or prohibit the authority of city officials to use municipal funds to communicate with legislators. Z. Limit or prohibit the authority of the Texas Municipal League to use any revenue, however derived, to communicate with legislators. AA. Require the reporting of lobbying activities beyond the requirements in current law. BB. Impose a statewide smoking ban that would preempt existing or future municipal smoking bans. CC. Ban or limit the ability of cities to engage in proprietary functions. DD. Impose unfunded mandates on cities or city officials related to immigration. EE. Prohibit a city from following its own policies related to immigration. V. Take no position on legislation that would require a city to grant leave from work for municipal employees provided the leave meets each of the following criteria; (1) it is unpaid; (2) it must be used to address serious family or health issues; and (3) it is of a reasonably short duration. VI. Other A. The committee recommended that, should legislation be filed that would allow cities to adopt a two- tiered plan (one for current employees and retirees and one —272— for new hires) under the Texas Municipal Retirement System, TML staff seek the guidance of the TML Executive Committee regarding the League's position on such legislation. B. The committee recommended that the TML Board and staff carefully monitor any recommendations that may be generated by any legislative committee's study of the Texas Open Meetings Act and that the Board establish legislative positions as appropriate. -273- 5. A RESOLUTION REGARDING 7 U.S.C. SECTION 1926(b) WHEREAS, the City of Pflugerville and many other cities in Texas have experienced tremendous growth in the last decade and that growth has encroached into once rural areas with water service; and WHEREAS, rural water supply corporations (WSC) have an exclusive certificate of convenience and necessity (CCN) to serve an area and are often unable to provide adequate fire flow or sufficient amounts of water to serve residential and commercial developments; and WHEREAS, the inability of cities to serve the water needs of their constituents poses a life, health, and safety risk to our citizens; and WHEREAS, the inability of cities to serve the water needs of their residential constituents inhibits economic development and job creation. NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the League adopt a resolution joining with the National League of Cities to amend 7 U.S.C. Section 1926(b) to allow municipalities to pay off the federally insured debt of rural water supply corporations so that they may exercise their constitutional powers of eminent domain when necessary for the life, health, safety and economic vitality of their citizens and city. In addition, the City of Pflugerville requests that TML's resolution include a provision to support legislation that would allow landowners to opt out of a federally indebted rural water supply corporation's CCN when the WSC cannot provide adequate fire flow of at least 1,000 gallons per minute for single family residential developments with at least 50 lots and 2500 gallons per minute for multifamily and commercial property. PASSED AND APPROVED by the membership of the Texas Municipal League on this 29th day of October, 2010, at Corpus Christi, Texas. APPROVED: Debra McCartt President —274— ATTEST: Executive Director —275— 6. A RESOLUTION REGARDING THE PUBLIC INFORMATION ACT WHEREAS, the Public Information Act has been a successful law in providing the public access to government records, and in promoting transparency and public confidence in government; and WHEREAS, the law is broad and is liberally construed in favor of requestors seeking information, and, for the most part, the City of San Antonio and other governmental entities have developed procedures to receive and process these requests within the deadlines imposed by the Act. WHEREAS, many requests are simple and can be responded to with relatively little expenditure of government resources, but some requests require substantial time to complete; and WHEREAS, requests for entire email accounts or requests for emails on broad topics that reach many employees in multiple departments can be burdensome and require many employee hours to print and assemble; and WHEREAS, the Public Information Act allows governmental entities to charge requestors for copy costs and employee time to make copies of email records, but if a requestor asks to view or inspect these same records, the government cannot charge for the printing costs or personnel time, even though preparing copies for release rather than inspection would require the same time and resources; and WHEREAS, the City of San Antonio proposes to amend the Public Information Act to allow governmental bodies to charge for employee time needed to compile email records for "inspection- only" requests, still permitting requestors to seek any email records they wish, but allowing the government to impose costs which reflect the time required for their production; and WHEREAS, when a request is anticipated to cost more than $40, the government is required to provide the requestor with a written estimate of costs, and the requestor has 10 business days to accept the estimated cost, narrow his or her request to reduce the cost, or abandon the request by failing to respond; and WHEREAS, if the government wishes to seek authority from the Attorney General to withhold any of the requested records, it must submit a request for ruling arguing the exceptions to disclosure, and providing copies of all the records at issue; and WHEREAS, the request for ruling must be submitted no later than the 10th business day after the request is made, and if the deadline is missed, the exceptions are waived and the information must be released unless there is a federal or state law that mandates confidentiality of the records; and -276- WHEREAS, for large requests, the interplay of the cost estimate process and the deadline to submit a request for ruling can compel the government to conduct a search for records before the time to respond to the cost estimate has expired; and WHEREAS, while the government is working to meet the 10 -day deadline to submit a request for ruling, the requestor may choose to narrow the request or abandon the request entirely by failing to respond. In these instances, the government may expend resources to locate and copy information that is ultimately not sought by the requestor; and WHEREAS, the City of San Antonio proposes an amendment to the Public Information Act that would toll the deadline to submit a request for ruling until the time for the cost estimate process has elapsed, allowing the government to know the final scope of a request before staff begins compiling records for release to the requestor or review by the Attorney General; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League: Section 1. The League should support legislation which would amend the Public Information Act to allow governmental bodies to recoup costs of responding to "inspection- only" requests for emails that require a significant amount of public employee time and resources and allow for tolling of the 10 -day period to seek Attorney General Request for Ruling while the Requestor responds to cost estimate. Section 2. City staff is directed to take all necessary steps to obtain the support of the Texas Municipal League (TML) and the inclusion of this matter on TML's legislative agenda. Section 3. This Resolution shall be effective on and after the tenth day after passage. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. ATTEST: nnett Sandlin Executive Director —277— APPROVED: Debra McCartt President 7. A RESOLUTION REGARDING MUNICIPAL RIGHTS -OF -WAY WHEREAS, under Chapter 283 of the Texas Local Government Code, cities are entitled to receive compensation for the use of municipal rights -of-way by providers of voice communications in the form of "access line" fees; and WHEREAS, voice communications providers, including the telecommunications and cable companies, have historically mischaracterized compensation for use of municipal ROW is a "tax" and favor a compensation methodology based on the cost of maintaining the ROW; and WHEREAS, the Texas Supreme Court has ruled that municipal compensation for the use of municipal rights -of -way are not taxes, but rental fees for the use of public property; and WHEREAS, a compensation methodology based on the cost of maintaining rights -of -way would short- changes cities by only reimbursing the administrative cost of managing providers' activities in the rights- of-way and the damage caused by providers to the rights -of -way, ignoring any rental value of the public property in strict violation of the anti -gift provisions of the Texas Constitution. NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League: Section 1. City Council opposes legislation that would reduce the amount of compensation it receives from voice communications providers for the use of public rights -of -way or that erode municipal authority over the management and control of its rights -of -way. Section 2. City staff is directed to take all necessary steps to obtain the support of the Texas Municipal League (TML) and the inclusion of this matter on TML's legislative agenda. Section 3. This Resolution shall be effective on and after the tenth day after passage. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. -278- APPROVED: .0„,,A.,nice,04*- Debra McCartt President ATTEST: B - nett Sandlin Executive Director 8. A RESOLUTION' OF APPRECIATION TO THOSE WHO CONTRIBUTED TO THE SUCCESS OF THE 2010 TML ANNUAL CONFERENCE WHEREAS, the Texas Municipal League has concluded a conference that was highly informative and enjoyable; and WHEREAS, the delegates to this conference wish to express their sincere appreciation to the city officials and citizens of the City of Corpus Christi and to others who contributed to the success of our conference; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the following officials and organizations be given particular thanks and appreciation for time and services rendered abundantly both prior to and during the conference: 1. The Honorable Joe Adame, Mayor of the City of Corpus Christi; members of the Corpus Christi City Council; and other officials and employees of the host city, all of whom contributed to the success of the 2010 TML Annual Conference. 2. Speakers and program participants who so ably addressed our various sessions and served as discussion leaders, the city officials who presided over sessions of the League and affiliate orgsnizations, members of committees and the Board of Directors of the Texas Municipal League, members of the League staff; and all others who participated in the preparation of the conference program. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. ATTEST: Bennett San in Executive Director -280- APPROVED: Debra McCartt President 9. A RESOLUTION REGARDING WEBSITE POSTING WHEREAS, Local Government Code, Section 52.004, requires the selection each year of an official newspaper for the municipality; and WHEREAS, the law requires municipalities to publish in the official newspaper, at significant expense, many required published notices, for certain meetings, hearings, ordinances, tax disclosures, public bids, and other required messages; and WHEREAS, many municipalities have invested substantial sums in developing the municipality's own official website; and WHEREAS, posting all of the same required notices for the official newspaper on the official website would provide a more efficient, less expensive, and well - organized means of publication of all required notices; and WHEREAS, posting on the municipality's official website allows the notices to be organized, and archived, for both current and historical information with electronic ease; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League: Section 1. The City of Parker, by and through its duly elected city council, respectfully requests the Texas Municipal League to support legislation that would allow municipalities the option of selecting either an official newspaper, or an official website, for the municipality's publication of official notices required by law. Section 2. The City of Parker respectfully submits to the Texas Municipal League that adoption of changes to the statute will provide a savings to the tax payers of significant newspaper publication fees, increased speed of publication, a single centralized source for all of the municipality's required notices, and less expensive and swifter access to such notices by not only the residents of the municipality, but anyone with Internet access. The result is a far greater availability of the official notice of the municipality than a newspaper can provide. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. APPROVED: -281- ATTEST; Z": Bennett Sandlin Executive Director -282- Debra McCartt President 10. A RESOLUTION RELATING TO SEEKING REPEAL OR BENEFICIAL AMENDMENTS TO SECTION 130.01.551(E) OF THE TEXAS OCCUPATIONS CODE, WHICH PROHIBITS A CITY FROM ENEACTING AN ORDINANCE, BYLAW, ORDER, BUILDING CODE, OR RULE REQUIRING THE INSTALLATION OF A MULTIPURPOSE RESIDENTIAL FIRE PROTECTION SPRINKLER SYSTEM OR ANY OTHER FIRE SPRINKLER PROTECTION SYSTEM IN A NEW OR EXISTING ONE- OR TWO- FAMILY DWELLING, WHEREAS, by appendix to the 2009 version of the International Residential Code (IRC), the International Code Council (ICC) adopted code provisions that allow cities to require the installation of residential fire sprinkler systems in residential dwellings; and WHEREAS, the 2012 version of the IRC will include a requirement that residential fire sprinkler systems be installed in residential dwellings; and WHEREAS, in spite of the broad government and industry input that led to the ICC's inclusion of the residential sprinkler provisions of the IRC, the Texas Legislature passed legislation in 2009 (S.B. 1410) that prohibits the enforcement of any such provision; and WHEREAS, the legislative prohibition was added as an amendment in the final days of the 2009 legislative session; and WHEREAS, a number of cities asked the governor to veto the legislation, all to no avail; and WHEREAS, residential fire sprinklers have a proven history of saving lives and make conditions safer for firefighters. NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the League support legislation that would repeal or provide beneficial amendments, relating to local control of residential fire sprinklers, to Section 1301.551(e) of the Texas Occupations Code. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. ATTEST: Bennett Sandlin Executive Director APPROVED: Debra McCartt President niccov)fr. 11. A RESOLUTION REGARDING BURGLAR ALARMS FINES WHEREAS, the City of Georgetown incurs costs in responding to numerous false alarm calls; and WHEREAS, Section 214.197 limits the amount that municipalities can charge in false alarm penalties; and WHEREAS, amending Section 214.197 to allow municipalities to increase the false alarm penalties would help municipalities cover the costs incurred in responding to a large number of false alarm calls; and WHEREAS, the citizens of the City of Georgetown are represented in the Texas State. Senate by Senator Steve Ogden and in the Texas State House by Representatives Diana Maldonado and Dan Gattis; and WHEREAS, the Texas Municipal League has also assisted Texas municipalities before the Texas Legislature; NOW, THEREFORE, BE IT RESOLVED by the delegates assembled at this 2010 Annual Conference of the Texas Municipal League that the City of Georgetown respectfully requests that the Texas Municipal League support legislation making beneficial amendments to Section 214.197 relating to false burglar alarm penalties. PASSED AND APPROVED by the membership of the Texas Municipal League this 29th day of October, 2010, at Corpus Christi, Texas. APPROVED: Debra McCartt President -285- ATTEST: Bennett Sandlin Executive Director 2070 LEGISLATIVE PRIORITIES www.nlc.org National League of Cities About the National League of Cities The National League of Cities is the nation's oldest and largest organization devoted to strengthening and promoting cities as centers of opportunity, leadership and governance. NLC is a resource and advocate for 19,000 cities and towns representing more than 218 million Americans. -288- 2010 Legislative Priorities America's hometowns are where we come together as neighbors and fellow citizens to solve prob- lems and get things done. They are where we create new industries, businesses, and jobs, and where families can realize their dreams. And they are where we get an early, firsthand view of the full array of challenges and opportunities facing our nation. The future of America's hometowns is bound up with the future of our nation. On behalf of Amer- ica's city leaders, the National League of Cities looks forward to working with Congress and the President this year to build a better future for all of us. CREATE JOBS While the nation's economy may be approaching the late stages of the worst economic downturn since the Great Depression, the consequences of the recession will be playing out in America's cities and towns and in the lives of families for years to come. Since the onset of the economic downturn, city leaders have been forced to make tough choices in an effort to provide desperately needed services and to bolster their local economic engines while respond- ing to large and often persistent budget shortfalls. With the nation's unemployment rate hovering around 10 percent and more than 8 million jobs lost since the recession began in late 2007, families are being forced to do the same. In addition, state and local government fiscal conditions have deteriorated dramatically over the last two years be- cause of the recession. Cities will likely face a combined fiscal shortfall of between $56 billion and $83 billion over the next three years, driven by declining tax revenues, ongoing demands for services, and cuts in state aid. This deepening fiscal crisis in cities and towns could hobble the nation's incipient recovery with more layoffs, furloughs, cancelled infrastructure projects, and cut backs in essential services. As Congress and the President continue to grapple with a host of difficult national challenges, we call on them to partner with America's city leaders to create good jobs and to help cities preserve programs essential to quality of life in the short - term. Now is the time for city officials to lead recovery and growth in our communities. It is NLC's time to ask Washington to stay focused on partnering with us to help our economy and our local budgets get back on track and to create good jobs. Ronald O. Loveridge NLC President Mayor, Riverside, CA —289— 1 National League of Cities NLC URGES CONGRESS AND THE PRESIDENT TO: SAVE JOBS BY INVESTING IN AMERICA'S CITIES AND TOWNS Under the American Recovery and Reinvestment Act (Recovery Act), states received $135 billion in health care and education funding that was flexible and allowed them to offset planned budget cuts and tax increases. According to the National Governors Association, if Congress had not made these funds available, state budget cuts and tax in- creases would have been much more draconian and devastating to state governments, their employees and citizens. These budget cuts and tax increases would also have been more devastating to the nation's economic recovery. Like states, cities faced sizable budget shortfalls in 2009 that are expected to grow much more severe and widespread in 2010 and 2011. And, with the pace of recovery still sluggish, local government budget tightening and spending cuts over the next two years could well impose a significant drag on the nation's economic performance. To help ensure that does not happen and that local governments are able to fully function as the economic engines the nation needs them to be, city leaders call on the federal government to provide funds for targeted fiscal assis- tance directly to local governments to help save public sector jobs - the very jobs that can ensure a climate ripe for economic recovery and private sector job creation. CREATE JOBS BY INVESTING IN AMERICA'S WORKFORCE One of the most direct and visible ways to put large numbers of unemployed individuals in America's cities and towns back to work quickly is through a Public Service Employment (PSE) Program. PSE funding should be made available quickly to Iocal governments through a modified Community Development Block Grant (CDBG) formula so that municipal governments can provide immediate employment to jobless residents through community im- provement projects with clear public benefits. In addition to a PSE program, the Summer Youth Employment Program (SYEP) and the Community Oriented Policing Services Program (COPS) are also direct and visible ways to put people back to work quickly. NLC urges Congress and the President to include additional funding for these programs in a jobs package, as both proved very effective under the Recovery Act. With the $1.2 billion in funds made available for the SYEP through the Recovery Act, communities created more than 300,000 jobs for young people. There was tremendous demand for the $1 billion made available to local governments through the Recovery Act COPS program, but there were only enough resources to fund one out of every eight public safety officers requested. The 4,699 public safety officers that are being funded will help local governments maintain the progress made in lowering crime rates over the last several years, which is good for the business climate in a community, as well as the quality of life. CREATE JOBS BY INVESTING IN AMERICA'S INFRASTRUCTURE The condition of our nation's infrastructure is vital to our economic recovery and growth. City leaders from across the country - from cities and towns large and small, in rural, suburban, or metropolitan areas - need funds to make badly needed repairs to roads and bridges; modernize water and sewer systems that impact public health; further efforts to reduce greenhouse gas emissions by increasing transit and transit oriented development; and retrofit the nation's housing stock to make it more energy efficient. 2 -290- 2010 Legislative Priorities NLC calls on the federal government to make infrastructure spending targeted to local governments a priority in any jobs package. This spending would not only create jobs but would also lay the foundation for long -term benefits in our communities. Specifically, city leaders urge Congress and the President to make the following programs a priority in a jobs package: 1. Transportation Investment to Generate Economic Recovery Grant Program Under the newly created Transportation Investment to Generate Economic Recovery Program (TIGER) grant program, the U.S. Department of Transportation is making $1.5 billion available for road and bridge projects, public transportation projects, passenger and freight rail projects, as well as port infrastructure investments that create jobs and stimulate the economy in the short -term. The Department received nearly 1,400 applications re- questing $57 billion in funding for projects. With more funding, more projects that create jobs could be funded immediately. 2. Energy Efficiency and Conservation Block Grant Program Additional funding for the Energy Efficiency and Conservation Block Grant Program will enable cities and towns to continue the innovative efforts already underway to create jobs and make investments that will help the country meet long -term clean energy and climate goals. 3. Community Development Block Grant Program More CDBG funding would be effective at creating jobs in the near -term and supporting needed infrastructure improvements. Some of the very characteristics that make the CDBG an oft - criticized program — long standing existence, great flexibility, direct local allocation — make it a solid countercyclical job creation program. 4. Clean Water and Drinking Water Programs The Recovery Act included $6 billion to create jobs through the construction of facilities to implement measures necessary to address water quality problems, to prevent water pollution, and to help communities achieve and maintain compliance with the Safe Drinking Water Act. To continue these efforts, NLC calls on the federal gov- ernment to provide more funding for these programs. SAVE AND CREATE JOBS BY IMPROVING ACCESS TO CREDIT In addition to direct infrastructure spending, NLC also recommends that measures designed to improve access to credit for small business and local governments be included in a jobs package. The credit market is not functioning as it did before the recession for small business and local governments, and it may never do so again. City leaders urge you to include SBA and Treasury programs in a jobs package that will help ensure that small business and local government can access the credit markets without due delay. —291— 3 National League of Cities At the same time that additional action is needed to ensure the country's strong emergence from the recession, America's future is taking shape - right now - in the nation's cities and towns. To make it a better future for all Americans, we need to work together at all levels of government to find solutions to the critical challenges we face, in areas ranging from housing to energy indepen- dence to transportation. These are national challenges; yet, they are hometown challenges too. It is in America's cities and towns where the effects of today's biggest problems - from traffic congestion to housing foreclo- sures - hit home. And it is in America's cities and towns where we will find solutions. In addition to passing a broad jobs package this year, to lay the foundation for a strong future, NLC calls upon Congress and the President to support programs to stabilize our neighborhoods, rebuild the na- tion's infrastructure, and green our economy. We are looking to this Administration and this Congress to act in partnership with us in addressing the critical needs of our communities: that our roads are paved and our bridges are safe; that we are conserving energy; that we are building affordable housing and making home ownership possible for our citizens. Ronald 0. Loveridge NLC President Mayor, Riverside, CA STRENGTHEN AND STABILIZE THE HOUSING MARKET Decent, affordable housing remains essential to the American dream for all families. The challenge for the federal government, in partnership with state and local governments, is to resolve the crucial questions raised by the col- lapse of the housing market and commit to improving living conditions in neighborhoods across the country. Despite laudable efforts, foreclosures continue to rise and remain an obstacle to economic recovery. To the extent we can limit the damage to our neighborhoods posed by rising foreclosures, reform the housing finance system, and once again ensure that citizens can find homes within their means, we will strengthen not only our communities, but also our local, regional, and national economies. NLC URGES CONGRESS AND THE PRESIDENT TO: • Take steps to ensure the availability of capital for mortgage financing and refinancing and continue to encourage lenders and loan servicers to work out unsound Ioans as an alternative to foreclosure. • Fully fund programs that stabilize and enhance neighborhoods, such as the Community Development Block Grant program. • Expand on effective foreclosure prevention efforts such as the Home Affordable Modification Program to help millions of families save their homes from foreclosure. 4 -292- 2010 Legislative Priorities INVEST IN TRANSPORTATION INFRASTRUCTURE The condition of our nation's infrastructure is vital to our economic recovery and growth. As local governments continue to struggle under mounting budget shortfalls, federal support for infrastructure is even more critical, not only to fund overdue repairs but also to put individuals and communities back to work quickly. Federal infrastruc- ture funding made available via the Recovery Act was an important first step, providing cities and towns with the resources to make short -term upgrades and to explore innovative, sustainable long -term solutions. Moving forward, a strong intergovernmental partnership is key to advancing national transportation goals and priorities. If we continue to allow our infrastructure to deteriorate through lack of investment and proper mainte- nance, we put America's economic success —and the success of our hometowns —at risk. NLC URGES CONGRESS AND THE PRESIDENT TO: • Partner with local governments to meet America's pressing transportation infrastructure needs by au- thorizing a new federal surface transportation program that recognizes the central role of transportation to metropolitan and regional economies, includes the local voice in planning and project selection, and chooses the best mix of transportation options to fit the needs of the region. • Provide full funding for federal transportation programs and give priority to those, such as the TI- GER program, that promote long -term outcomes, protect the environment, create jobs, and help the economy recover. SUPPORT LOCAL ENERGY EFFICIENCY AND CONSERVATION EFFORTS For years, our nation's cities and towns have been leading the charge towards sustainable development by imple- menting innovative energy conservation and environmental protection programs to support both their communi- ties and the national economy. Today, city leaders find themselves at the epicenter of the sustainability movement: creating "green" jobs, actively pursuing initiatives to reduce greenhouse gas emissions, and meeting present com- munity needs without compromising the well -being of future generations. The federal government can, and should continue to be, a full partner in all of these efforts, providing national lead- ership when appropriate and supporting innovation that can only happen at the community level. NLC URGES CONGRESS AND THE PRESIDENT TO: • Provide $2 billion for the Energy Efficiency and Conservation Block Grant program in fiscal year 2011 to further these important local efforts. -293- 5 CORE PRINCIPLES Fund Federal Mandates When requiring state and local activity in a given area, the federal government should provide adequate funds to address the fiscal impact of those policies. Federal policies should not mandate new costs for local governments without considering the increased financial liabilities and including reimbursement mechanisms to minimize dis- proportionate responsibilities. Respect Local Authority Activities such as franchising, zoning, issuing permits and licenses, and establishing local code are fundamental re- sponsibilities of local governments. Federal policies should respect these activities and not preempt local authority to protect the health, safety and welfare of local residents. Additionally, the federal government should defer to munici- pal authority regarding making fundamental employment decisions and mandating specific working conditions. Promote the Intergovernmental Partnership A well- functioning intergovernmental system offers significant opportunities for all levels of government to serve the nation's citizens more effectively. Federal grant programs, regulatory requirements, funding formulas and other practices should promote cooperation at the local and regional levels. The intergovernmental partnership must be strengthened to provide a framework for economic growth that also preserves important principles of freedom. It is in the cities of America where economic development takes place and quality of life is experienced. Cities are the wealth of nations. As cities go, so goes the country. There cannot be a healthy national economy without healthy local economies. Without strong cities and towns, we cannot have a strong America. Ronald 0. Loveridge NLC President Mayor, Riverside, CA National league of CltIes 1301 Pennsylvania Avenue, NW Suite 550 Washington, D.C. 20004 www.nlc.org —294— Climate Protection and Energy Block Grants Sustainable Transportation Investments Water and Wastewater Infrastructure National Broadband. Plan Homeland Security Strengthening Existing Federal Investments etropolitan.Policy and Intergovernmental Relations Elizabeth B. Kautz. Mayor of Burnsville .. President THE UNITED STATES CONFERENCE OF MAYORS THE UNITED STATES CONFERENCE OF MAYORS Elizabeth B. Kautz Mayor of Burnsville President Antonio R. Villaraigosa Mayor of Los Angeles Vice President Tom Cochran CEO and Executive Director The recession continues to take a terrible toll on America's citizens, businesses, and communities. Unemployment remains at historic high levels, businesses continue to struggle for credit, and our neighborhoods are burdened with the aftershocks of the foreclosure crisis. But America and its cities have always been strong and resilient, ready to respond to any challenge. With this challenge comes the opportunity to remold and reform the federal government to be more responsive to the needs of Main Street America. Legally, we are a nation of states within a federal system. But economically, we function as a conglomeration of metro economies - crossing city, county, and state boundaries - that are powerhouses not just within the United States, but in the global marketplace as well: • Over 86 percent of all jobs, and go percent of the nation's labor income and gross domestic product are generated in 362 metropolitan areas. • 94 percent of the nation's economic growth over the next zo years will occur in metro areas. • Of the world's largest loo economies, 37 are U.S. metropolitan areas. As individuals, families, businesses, and governments work together to emerge from this recession and rebuild our economy, we must develop a bold vision for our cities and metropolitan economic engines in the coming decades. We must innovate. We must harness the energy of the private sector to find more efficient ways to rebuild our infrastruc- ture. And we must grow a green economy that reduces both carbon emissions and our reliance on foreign oil. Quite simply, we must change existing investment mechanisms and ensure that limited federal resources are targeted directly to America's cities and the metro areas that will determine whether our country will compete in the world economy. We urge the Administration and Congress to support The 20W Metro Agenda for America, through which we can put people back to work now, and our nation can emerge from this recession stronger and with an economy that will lead the world for decades to come. _297_ 1. Jobs The national recession is not over for Main Street America. Every day, mayors hear personally from their constituents - many who have Iost their jobs, many who are under - employed, and others who are desperately afraid of what lies ahead. Some staggering unemployment numbers were found in a survey conducted by The U.S. Conference of Mayors in early 2010. This survey found unemployment at: • 13.9 percent in Long Beach, California; • 13.4 percent in Las Vegas, Nevada; • 14.9 percent in Providence, Rhode Island; • 115 percent in St. Louis, Missouri. Another Conference of Mayors analysis last year illustrated the extent to which our nation's unemployed workers are concen- trated in metropolitan statistical areas. According to Bureau of Labor Statistics' data for Metropolitan Statistical Areas: In Georgia, the Atlanta and Augusta metro areas account- ed for 62 percent of the unemployed. • In Ohio, the Akron, Cleveland, Columbus, Dayton, and Toledo metro areas accounted for 42 percent of the unemployed. • In Texas, the Dallas, Houston, San Antonio, and Austin metro areas accounted for 65 percent of the unemployed. • In Florida, the Miami, Orlando, and Tampa metro areas accounted for 58 percent of the unemployed. • In California, the Los Angeles, Riverside, and San Francisco metro areas accounted for 57 percent of the unemployed. At the same time, the ongoing recession has had a devastating impact on city budgets. Cities of all sizes and in all parts of the nation have been forced to institute layoffs, furloughs, service reductions, and fee increases. Mayors surveyed last year expected their problems to get worse, with more than four in five cities anticipating a budget shortfall in the current fiscal year. As a result, 81 percent of cities expected to be postponing projects or initiatives, 75 percent expected to be eliminating city positions, and 73 percent expected to be reducing purchasing and procurement - all actions which hurt the economy. -298- The American Recovery and Reinvestment Act (ARRA) contained funding for the Energy Block Grant, the Community Development Block Grant, the COPS Program, the Byrne/ Justice Assistance Grant Program, transit grants, Metropolitan Planning Organization (MPO) funding for transportation projects, TIGER grants, and Summer Youth - all of which are having a positive impact on job creation because the funding went to cities. But the fact remains that because Congress chose to give most of the ARRA funding to directly to the states, less than one percent of ARRA funds went directly to cities. And the state money has not gotten down to cities within the metro areas where the economic activity and unemployed are so clearly concentrated. Congress must move quickly on a series of new jobs packages, and we strongly urge that this time, more of the resources be provided directly to cities and metro areas in order to have the most immediate impact on job savings and creation. The undeniable fact is that the states are very slow to get money out, and often fail to provide appropriate funding to the metro areas that most need it to create jobs. The Mayors' Plan 1. Local Jobs for America Act ARRA provided significant general fiscal assistance to states through the FMAP program, but none to local governments. The recession is now having drastic effects at the local level. Therefore, we urge Congress to pass and the President to sign the Miller Bill - the Local Jobs for America Act (H.R. 4812) - that would provide cities and urban counties with $75 billion in direct funding to save and create municipal jobs. According to the Economic Policy Institute, the costs of the bill would be offset by $40 billion in federal savings through higher tax collections and a reduced need for social safety net spending. The National Urban League makes an even stronger case that the Miller Bill is deficit neutral. 2. Community Oriented Policing Services (COPS) For the $1 billion available through the Recovery Act, the COPS Office received 7,200 applications requesting $8.36 billion to hire, rehire, or avoid layoffs for 39,000 officers. Only one in eight of the officers requested was funded. If more funding - at least $1 billion - is provided, police departments could immediately begin hiring additional officers or avoid laying -off current officers. —299— 3. Summer Youth Jobs The American Recovery and Reinvestment Act investment of $12 billion for Summer Youth Employment put over 355,000 young people to work in the summer of 2009. Without immediate action by Congress and a new influx of Summer Jobs program funding this year, most cities will be forced to cut these programs, leaving youth across the country with- out the opportunity for meaningful employment and work experiences. An investment in summer and year -round youth employment contributes immediately to our economy by offer- ing income and opportunities to youth across the nation, and will also improve young people's Ionger -term employment and earnings prospects by providing crucial workplace skills needed to succeed in today's global economy. The 2009 program far surpassed expectations, and the nation's mayors are requesting the same $12 billion for the summer of 2010. 4. Neighborhood Stabilization Program (NSP) As passed in both the House and Senate versions of the Wall Street Reform legislation, we support transferring $1 billion in funds from the Emergency Economic Stabilization Act of 2008 to the Neighborhood Stabilization Program (NSP), in order to provide assistance to cities for the redevelopment of abandoned and foreclosed homes. In addition, we support $3 billion in funds for Mortgage Foreclosure Prevention, a provi- sion also included in the House and Senate Wall Street bills. 5. Small Business Access to Credit Because banks and the traditional finance systems have been slow to provide loans to small businesses during the current recession, increased resources should be made available to the Small Business Administration (SBA). With additional resources, the SBA should be helped to make credit available to small businesses at far better funding terms. 6. Tourism Promotion Act - Signed Into Law on March 5, 2010 As called for by The U.S. Conference of Mayors, the Tourism Promotion Act has been signed into law. This law will create a public- private marketing program to promote international tourism to our nation's cities, estimated to create 40,000 U.S. jobs, drive $4 billion in new consumer spending, and help reduce the federal budget deficit by $425 million in the next 10 years. Vigilant attention will be needed on the new law's implementation. -300- 2. Climate Protection and Energy Block Grants More than 1,000 USA cities have committed to increasing the nation's energy independence and reducing its carbon emissions by signing The U.S. Conference of Mayors Climate Protection Agreement. However, since our Metro Agenda was released in January of 2010, we have learned that there is no money in the Obama Administration's budget to continue funding our Energy Efficiency and Conservation Block Grant (EECBG). In addi- tion, Senators John Kerry (MA) and Joseph Lieberman (CT) did not include these energy block grants in their initial proposal for their American Power Act. The U.S. Conference of Mayors is waging a campaign to fund the EECBG and create green jobs. Even with inclusion of EECBG funding in energy /climate change legislation, resources would not be available until at least 2012. Therefore, EECBG funding must be included in the FY 2011 budget and subsequent appropriations so that momentum is not lost. The EECBG program, authorized in 2007, and was funded at $3.2 billion in 2009 under ARRA. But because this money will soon run out, it is urgent that the federal government provide this level of funding again in FY 2011 There is broad consensus that tremendous economic and job opportunities exist if we nurture green technologies and support greater energy efficiency. This is clearly shown in The U.S. Conference of Mayors green jobs study: • One in 10 new jobs generated through 2038 will be in the "green" sector. • Green jobs will be the single, largest source of new employment during this period. • All areas within the U.S., both metro and non - metro, will have the opportunity to capture a growing share of these green jobs. -301- As was evident at the COP15 meeting in Copenhagen, mayors are leading the way in the United States and across the world. But cities cannot achieve national energy goals alone. We need a stronger partnership with the U.S. Department of Energy to reduce greenhouse gas emissions, improve energy efficiency, and increase our energy independence. The EECBG program is a key component to a successful national energy and climate protection strategy. 3 • Sustainable Transportation Investments Our nation's surface transportation system is broken. Because the nation has failed to invest in sustainable transportation systems in metropolitan areas, families spend too much time in traffic and businesses cannot efficiently move their products to market. The United States cannot compete in the global mar- ketplace if we fail to invest in our transportation infrastructure, particularly in the metropolitan areas that drive our nation's economic output. Existing transportation modes consume more than two- thirds of the nation's oil supply and are responsible for nearly a third of carbon dioxide emissions. This is why mayors urge President Obama and the Congress to both redeploy existing resources and commit new resources to reduce congestion, making tomorrow's transportation infrastructure energy efficient, sustainable and less reliant on foreign oil. Transit Access and High -Speed Intercity Passenger Rail Federal transportation investments in transit must increase in order to meet growing demands and mitigate decades of underinvestment. In addition, there must be dedicated funding for high -speed intercity passenger rail - equal to the investment our nation made a half- century ago building the Interstate Highway System. Metropolitan Mobility Program The pending transportation authorization must include a dis- tinct mode - neutral program to ensure increased federal funding commitments are made to transportation systems in cities and metropolitan areas. Under the Recovery Act, states continue to underfund the very metro areas that drive the U.S. economy: -302- • While the largest metro areas account for 73 percent of the nation's GDP, they garnered only 48 percent of transportation funding allocated by states. • The largest metro areas account for 87 percent of conges- tion costs, but received 48 percent of the state funding. TIGER The TIGER program must be continued with increased funding to reflect demand. TIGER awarded more than 74 percent of its funding to transit, rail and multimodal projects, and 53 percent of the funding went to local project sponsors - including cities. Integrated Planning Transportation investments must make a positive contribution to enhancing livability and economic viability by integrating transportation, housing, environmental, economic develop- ment, and and use policies. 4. Water and Wastewater Infrastructure Cities have spent $ I.6 trillion during the last 53 years for water and wastewater services and infrastructure, with $93 billion being spent in 2008 alone. Local governments provide 95 to 98 percent of the total investment in public water and wastewater systems, while the federal government only provides $2 billion annually in loan funds to the states. And, according to a recent Conference of Mayors' Water Council report, spending for wa- ter and wastewater services and infrastructure over the next 20 years is estimated to range between $2.5 trillion to $4.8 trillion. Today there is no national strategy to address water and wastewater. Congress and the federal government, rather than providing leadership, have essentially abandoned meaning- ful financial assistance to local governments and instead have authorized and imposed costly unfunded mandates. These mandates lack prioritization and are not matched to the ability of the local government to finance improvements. A coordinated national strategy involving meaningful financial assistance from the federal government, and a prioritization of clean water mandates, could yield positive and direct economic benefits from investment in local water and wastewater infrastructure: • One dollar of infrastructure investment in this area in- creases private output (GDP) in the long-term by $6.35. • The U.S. Department of Commerce's Bureau of Economic Analysis estimates that adding one job in water and waste- water creates 3.68 jobs in the national economy. Among other things, we need to: • Provide direct grants to cities to achieve the control plans necessary to reduce and minimize the impact of wet weather overflows. • Fix the State Revolving Fund loan program to empha- size existing infrastructure and require the states to provide to cities negative interest loans, principal forgiveness or zero- interest loans for rehabilitation of aging infrastruc- ture, protection of water and wastewater infrastructure, and the promotion of source water availability. • Fully fund federally - passed environmental mandates and court-ordered consent agreements applicable to water and wastewater systems. • Increase program /policy flexibility to allow cities to undertake Locally- designed strategies, emphasizing green infrastructure and other flexible and innovative solutions. • Remove Private Activity Bonds for water /wastewater infrastructure from State Volume Caps. • Identify and remove impediments in the Federal Tax Code to enhance local government access to private capital needed to fund public water and wastewater infrastructure. 5. National Broadband Plan As the Federal Communications Commission and the Congress implement recommendations of the National Broadband Plan, The U.S. Conference of Mayors urges that the Commission and Congress not take the following steps that would negatively impact the rights -of -way authority and budgets of our cities: • Do not establish, or recommend establishing, a rule or an interpretation that prevents cities from obtaining fair market value for use of rights -of -way by communications companies. • Do not make unlawful the current gross revenue - based, per -line or per foot- based, or other market-based rights -of -way fees that many cities charge. • Do not require local rights-of-way fees to be cost -based or subject to any FCC - imposed cost model. —304— Mayors do not believe that Congress or the Obama Administra- tion intended for the National Broadband Plan to be used as a vehicle to exacerbate the fiscal plight of local governments by taking revenue from city budgets in order to subsidize private communications companies. In addition, in Section 253 of the Telecommunications Act of 1996, Congress made it very clear that it did not permit the FCC to have a role in defining what was "fair and reasonable" compensation for use of local rights-of-way, and instead left the determination of compensation and management of public property to the states and localities. Congress made it equally clear that courts, not the FCC, should be arbiters of conflicts between local governments and communications service pro- viders on what constitutes "fair and reasonable compensation." The U.S. Conference of Mayors is committed to reducing the digital divide so that all Americans in all areas of the country have access to affordable broadband, and we pledge to work with the FCC and Congress to implement the National Broadband Plan. 6. Homeland Security The failed Christmas Day attempt to blow up a U.S. airliner in the skies above Detroit reminded all Americans of the need for constant vigilance in the protection of airline passengers. The Times Square bombing attempt demonstrated the importance of both an alert public and trained first responders: A street vendor quickly reported a suspicious vehicle; exemplary police work led to quick identification and apprehension of the prime suspect. These incidents remind us of the critical roles that mayors, first responders, and individuals play in successful efforts to prevent and respond to terrorist attacks. Airport Security As the owners and operators of the nation's commercial airports, mayors were reminded of the importance of the federal role in maintaining and strengthening the passenger screening system in these airports. -305- Mayors urge the Administration and Congress to increase commitments to deploy state-of-the-art technology for detecting weapons and explosives at the nation's commercial airports as well as at foreign airports critical to safety in the United States. Further, we call on the Administration and Congress to provide airports with the resources required to meet the capital costs of needed security improvements. Targeted Homeland Security Grants Our cities - especially those in our largest metro areas - must have the resources they need to prevent and respond to future attacks. This includes increased financial resources provided through the Justice and Homeland Security Departments - in particular, restoration of this year's 25 percent cut in port and transit security grants. And it includes needed communications resources. Communications - lnteroperability /D Block Mayors have long been aware of the lack of communication among federal, state, and Local authorities. The Times Square incident showed what it is possible to accomplish when federal and local authorities work together and share resources. Mayors believe this is an opportune time to further improve federal communications with local and state authorities, assuring open channels for two -way movement of the information needed to counter terrorist threats. Mayors also know that public safety depends on access to increased spectrum to meet communications needs - needs both to undertake day - to-day operations and to be able to achieve interoperable communications among responders and agencies when emergencies occur. Critical to providing adequate spectrum is the D Block of the 700 MHz, which the FCC plans to auction for commercial applications. Mayors believe it must be reallocated to public safety 7. Strengthening Existing Federal Investments Mayors know that the federal government must address the rising federal deficit and that, when it does, very tough choices will have to be made. We call on Congress to make their choices in light of the current economic conditions, high levels of unemployment, and severe city budget shortfalls - and with the certain knowledge that their investments in our metro eco- nomic engines are essential to this nation's economic recovery -306- Community Development Block Grant (CDBG) CDBG must be fully funded at no less than $4 billion in FY 2011 Because of the failure to adjust for inflation over the last 28 years, the steady erosion of CDBG funding has short- changed low and moderate income communities in their efforts to revitalize neighborhoods. The pent up demand for neighborhood investment means that mayors could put people back to work immediately. Energy Efficiency and Conservation Block Grant (EECBG) In addition to being provided a permanent funding source under the pending climate /energy bill, the EECBG should be funded at no less than $3.2 billion in FY 2011 Providing additional funding for the EECBG will create additional green jobs in community -based carbon reduction projects, demonstrating to the public that energy /climate protection are crucial to economic growth and security. Other Key Programs As the Fiscal Year 2011 budget moves forward, full funding must be provided for the HOME program, public housing funds, COPS, Edward Byrne Memorial Justice Assistance Grant (Byrne /JAG Grant Program), Summer Youth, workforce investment funding, homeland and transportation security, Section 8 housing assistance, the Low - Income Home Energy Assistance Program (LIHEAP), the Supplemental Nutrition Assistance Program (SNAP), water and wastewater infrastruc- ture, the National Endowment for the Arts, tourism, and other productive initiatives. S. Metropolitan Policy and Intergovernmental Relations Metropolitan Policy President Obama, as a candidate for the presidency, addressed the nation's mayors at our 2007 Annual Conference in Miami, calling for a new metropolitan policy and a White House Office to work with mayors and local officials to change the way we relate to our federal government. The President's call was well received in that The U.S. Conference of Mayors has been working with Global Insight to provide a new way of looking at cities and metro areas. Our U.S. Conference of Mayors /Global Insight metropolitan studies continue to prove it is the metro- economies that are the economic engines that drive the national economy. -307- There was, and there continues to be much talk about how we must fund national priorities in a more comprehensive way that reduces bureaucracy and achieves goals in the most efficient manner. At the local level we do have successful partnerships where urban and suburban mayors - and in some cases county officials - have come together to market their regions to the nation and the world. We are encouraged by the discussions and public policy statements of top Administration officials as to how they are meeting regularly to create a new metro policy. And while we understand there are ad -hoc groups within the Administration considering metro policy options, we believe that elected officials need to be plugged in more directly, because it is the mayors and local officials who practice democracy every day and work with small business and corporations. Mayors must be involved if we are going to be practical in our political world to create a more comprehensive way of allocating federal funds to achieve national priorities. We need new policies that will truly move us toward a more perfect union and a working metropolitan policy that becomes a reality. Intergovernmental Relations The nation's mayors are well aware that legally we are a nation of fifty states. But economically the nation functions as a conglomeration of 363 metropolitan economies. Today the economic map of the United States makes it crystal clear that the economic centers of our nation do not stop at the city limit or the county line. These metro economic engines in many cases have no ongoing relationship with Governors offices and state Legislatures. Some metro areas are stronger than individual states and these local officials must be recognized. That is why we ask that the domestic policy and intergovern- mental staff work directly with mayors in strengthening the federal -city partnership to make our nation stronger. As we go forward in our 78th year, we stand as we stood with President Franklin Roosevelt and every President since. We pledge our steadfast cooperation and are ready and willing to put in the hours and days to be a part of creating new metro policies affecting our intergovernmental federal -city system that will meet the needs of our people, 85 percent of whom live, work and play in metro areas that make up our metro - nation, the United States of America. -308- THE UNITED STATES CONFERENCE OF MAYORS Tom Cochran • CEO and Executive Director 1620 Eye Street, NW DC 20006 Tel; 202 293.7330 Fax 202.293.9063 us'rnayors.org Page 1 of 2 RESOLUTION ADOPTING THE CITY OF CORPUS CHRISTI'S STATE AND FEDERAL LEGISLATIVE PROGRAM FOR 2011. WHEREAS, the 82nd Texas Legislative Session of the Texas Legislature convenes in January 2011; WHEREAS, a new Congress convenes in January 2011; WHEREAS, both legislative bodies will consider many measures that may effect the City of Corpus Christi; and WHEREAS, it is necessary to provide guidance for the City's officers and representatives in conducting the City's legislative efforts and relations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council adopts the City of Corpus Christi State and Federal Legislative Program for 2011, which is attached to and incorporated into this resolution. SECTION 2. The Legislative Program remains in effect until amended by the City Council. SECTION 3. The City Manager is directed to distribute this Legislative Program to the local legislative delegation and solicit their advice and support. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 4th day of November, 2010. R. Ja eiz7ng First Assistant City Attorney For City Attorney Legislative Program Res 11042010 —310— 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 r Legislative Program Res 11042010 -311- Page 2 of 2 20 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 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. CONCLUS ON AND RECOMMENDATION: Lpproval of the Resolution. AVAL PE D ector of Sto f Water & Street Operations ValerieG @ccte as.com 361.826.1872 or 361.826.1875 Attachments: Background Information —315— 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 $10,000,000 per year for street improvements. Historically, each Bond dollar required for street repair has required an additional CIF' 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 $2,0Q0,000 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. —316— 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, 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 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; H:\LEG- DIR\Lisa\2010 Resolutions\Street Maintenance Finance Committee ResolutionV4clean.doc 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. Committee members shall be comprised 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 consultant engineer. e) 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 Section 5. Staff support. H:\LEG- DIR\Lisa\2010 Resolutions\Street Maintenance Finance Committee ResolutionV4clean.doc —318— 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 31, 2011. The Committee shall develop a the Council. Upon presentation of the automatically be disbanded. Section 7. This Resolution shall be and and approval. ATTEST: Armando Chapa City Secretary APPROVED: November 11, 2010 Lisa Aguiiar(lssistant City Attorney for the City Attorney of the Committee shall occur no later than January schedule to provide preliminary and final reports to final report to City Council, the Committee shall become effective immediately and after its adoption THE CITY OF CORPUS CHRISTI Joe Adame Mayor H: \LEG -DiR \Lisa \2010 Resolutions \Street Maintenance Finance Committee ResolutionV4clean.doc —3 1 9— Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: AGENDA ITEM: RECOMMENDATION: Motion approving the lease purchase of 85,000 96- gallon curbside recycle containers and 2,000 64- gallon curbside recycle containers from Toter Incorporated, Statesville, North Carolina for the total amount of $4,056,850, of which, $440,087.16 is required for fiscal year 2010/2011. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated collection recycle program. Funds for the lease purchase of the curbside recycle containers will be provided through the City's lease /purchase financing program. ISSUE: The containers will be used in the City's automated collection recycling program. They will be distributed to all single family dwellings and multiplex housing units. 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 .' . 8arrera Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 —323— BACKGROUND INFORMATION Background These containers will be used in the expanded citywide automated collection recycling program. The contractor is required to assemble and distribute the containers to each household participating in the program. Distribution will begin January 2011 and be completed by the end of the month. Previous Council Action October 12, 2010 - City Council approved a service agreement with BFI Waste Services of Texas, LP, Corpus Christi, Texas for the Collection, Processing and Marketing of Residential Recyclable Commodities. BFI will expand their local recycling facility located at 4414 Agnes Street, employ an additional 16 permanent employees, and add physical plant improvements of approximately $4.3 million. The processing facility will be named the "Corpus Christi Community Recycling Center'. October 12, 2010 - City Council approved an agreement with RecycleRewards, Inc. to offer an incentive based recycling program to City residents. Solid Waste Department customers will be encouraged to establish RecycleRewards accounts, and participate in the recycling incentive program by filling the City provided 96- gallon "big blue" containers with single- stream recycling items. Customers will be notified by the City and Recycle Bank via utility insert and letter of how the Recycle Rewards program works. They will be instructed on how to enroll in the program by either the Internet or telephone. Recycling containers will have a radio frequency identification (RFID) tag, and each recycling truck will be equipped with a RFID antenna, reader and data unit. As recycled material is collected, the cart data will be recorded for each household and route. Daily, the participation and weight data will be transferred to RecycleRewards, and participating customers will eam reward points based on their share of pounds recycled. Those enrolled in the RecycleRewards program may access their account information via Internet or telephone. The reward points may be redeemed for discount coupons from participating merchants, which will be mailed to the customer's address. With approval of two contracts in October, the City is committed to moving forward with an enhanced recycling program. The lease purchase of 85,000 96- gallon recycling containers and 2,000 64- gallon recycling containers is an integral component and requirement in meeting this commitment. Lease Purchase of Refuse Containers The containers will be financed over a sixty month period. The current year's funding requirements have been programmed into the FY 2010/2011 Solid Waste Operations budget. The amount of funds budgeted for fiscal year 2010/2011; $440,087.16, represents six months of lease payments. Funds will be requested by the using department for FY 2011 -2012 and all subsequent budget years. The estimated annual payments for the containers each of the fiscal years are as follows: FY2010/2011 FY2011 /2012 FY2012/2013 FY2013/2014 FY2014/2015 FY2015/2016 $440,087.16 880,174.32 880,174.32 880,174.32 880,174.32 440,087.16 Total $4,400,871.60 —324— The containers will be financed at an estimated interest rate of 3.25 %. The actual interest rate will be determined after acceptance of the containers. The estimated annual payment is $880,174.32. Total estimated cost over the sixty -month period, including principal of $4,056,850 and interest of $344,021.60, is $4,400,871.60. H -GAC Cooperative Pricing Proposals The City solicited proposals for cooperative pricing from container manufacturers listed under the Houston Galveston Area Council of Governments (H -GAC) container contract. Five proposals were evaluated. The proposals were evaluated on conformance to the technical specifications, delivery and distribution requirements, and price. The contract will provide for the recycling of approximately 5,000 plastic auditorium -type seats, which were salvaged from the American Bank Center, to be incorporated into the manufacturing of the wheels of the containers. The recommended award to Toter Incorporated is the lowest cost proposal received. Award Basis The recycling containers are 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. n a Q 5s m 8 DI w CD 3 Q m 0. a m car. :. c 0 7 D N N 4 coo 3 ur —326— O r 00'0S01S01P $ 00'OZ4'i Cp 00'0W9Z5'4 00.09E'pcg'b CO 70 CD al p 4 3 N 0 O 0 (0 tp n CO 0 3 W 3 g. 0 3 0 C -0T n' s' m a C n" 2.. m 3 N O. 00'0Z5'48 L'ti a w 0 O O n' 0. CD m m. 83 a g m g a m G. Omcn zz00 nand a c z 0 im � m 0 C z m C 0 =v,c) m>z z_ M p �� rn 0 N oa a z 1 n 0 0 0 rn m 0 to XI co. co o 0 0 C 0 0. D) °m ID Crl 0 N 3 N d 8 co 7 n �•: a m 0 0 ED o O m m ‹. z 0 3 3 3D 3 N 22 AGENDA MEMORANDUM Citv Council Action Date: November 16, 2010 SUBJECT: Wooldridge Road Lift Station 24 -inch Force Main Tie -In and Odor Control System (Project No. 7455) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Gin -Spen, Inc. of Kennedale, Texas, in the amount of $841,564 for the Base Bid for the Wooldridge Road Lift Station 24 -inch Force Main Tie -In and Odor Control System. ISSUE: This force main pipe will connect to a previously built force main pipe on Cimarron Boulevard that was constructed under the Bond Issue 2004 program. This segment of force main pipe on Cimarron extends from Yorktown Boulevard to Wooldridge Road where the Buckingham Lift Station will eventually discharge into the Wooldridge Lift station. The force main pipe was constructed up to the lift station property where it was plugged to allow for the proper testing of the line. This project is to make the final tie -in to the Wooldridge lift station and build an odor control system at Wooldridge lift station. On October 6, 2010, the City received proposals from three (3) bidders (see Exhibit "D" Tabulation of Bids). The bids range from $841,564 to $878,474. The engineer's estimate was $665,486. The City's consultant, Coym, Rehmet Gutierrez, and City staff recommend a contract be awarded to Gin -Spen, Inc. in the amount of $841,564 for the Base Bid for the Wooldridge Road Lift Station 24- inch Force Main Tie -In and Odor Control System. FUNDING: Funding is available from the Wastewater Capital Improvement Budget FY 2010. RECOMMENDATION: Staff recommends approval of the motion as presented. Foster Crowell Director of Wastewater Services 361 - 857 -1801 foster@cctexas.com Additional Exhibit "A" Exhibit "6" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Project Actions Letter of Recommendation Tabulation of Bids Project Budget Location Map Pete Anaya, P.E. Director of Engineering Services 361 -826 -3781 oetea nAa. cctexas. com -329- 11: IHOME4VeImaP4GEN4WASTEWATER17455 WOOLDRIDGE ROAD LIFT STATIONI2 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Wooldridge Road Lift Station 24 -inch Force Main Tie -In and Odor Control System (Project No. 7455) PROJECT DESCRIPTION: The project consists of new 10 -feet diameter FRP tie -in structure construction over two (2) 36 -inch diameter gravity sewers, 95 linear feet of 24- inch PVC force main, new soil bed biofilter odor control system, 530 linear feet of 8 -inch, 10 -inch, and 16 -inch FRP airduct piping, 190 linear feet of 8 -inch PVC drain line, concrete pavement, fence replacement and bypassing of lift station, all in accordance with the plans, specifications, and contract documents. BID INFORMATION: On October 6, 2010, the City received proposals from three (3) bidders, The Base Bids range from $841,564 to $878,474, The estimated cost of construction for the Base Bid is $665,486. The City's consultant, Coym, Rehmet, Gutierrez Engineering and City staff recommend a contract be awarded to Gin -Spen, Inc. in the amount of $841,564 for the Base Bid for the Wooldridge Road Lift Station 24 -inch Force Main Tie -In and Odor Control System. CONTRACT TERMS: The project is estimated to require 150 calendar days, with completion anticipated in May 2011. PROJECT BACKGROUND: This project consist of building an odor control system at the Wooldridge Road Lift Station and tying in the 24 -inch force main from the newly constructed Buckingham Lift Station. The Wooldridge Lift Station is the second largest lift station in the city and is experiencing excessive odor problems. Numerous complaints have been filed and TCEQ has been monitoring this situation. The odor system proposed will correct this matter. The Buckingham Lift Station was recently completed at the corner of Staples Street and Yorktown Boulevard. This lift station will accommodate future growth in this part of town. The discharge force main from this lift station will discharge into the Wooldridge Road Lift Station. The tie -in of the 24 -inch force main is the final leg to get Buckingham Lift Station in operation, in accordance with the City's master plans. —330— H: IHOME \VeImaP \GEN'WASTEWATER17455 WOOLDRIDGE ROAD LIFT STATION43 AGENDA BACKGROUND.doe EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Wooldridge Road Lift Station 24 -inch Force Main Tie -In and Odor Control System (Project No. 7455) PRIOR COUNCIL ACTION: 1. December 15, 2009 — Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800 (Ordinance No. 028449) PRIOR ADMINISTRATIVE ACTION: 1. September 8, 2009 — Administrative approval of Amendment No. 7 to the Contract for Professional Services with Coym, Rehmet, Gutierrez Engineering from Corpus Christi, Texas in the amount of $49,861 for the design, bid, construction and additional phase services for the Wooldridge Road Lift Station 24 -inch Force Main Tie -In and Odor Control System. 2. December 14, 2009 — Administrative approval of Agreement for Geotechnical Engineering Testing Services with Rock Engineering & Testing Laboratory from Corpus Christi, Texas in the amount of $2,150 for the Wooldridge Road Lift Station 24 -inch Force Main Tie -In and Odor Control System. EXHIBIT "B" Page 1 of 1 H:I HOMEIVELMAPIGENIWASTEWATER17455 WOOLDRIDGE ROAD LIFT STATIn VGENDA PRIOR PROJECT ACTIONS.DOC Coym, Rehmet Gutierrez Engineering, L.P. ENGINEERS • PLANNERS • SURVEYORS October 19, 2010 Mr. Pete Anaya , P.E. Director of Engineering Services City of Corpus Christi P.O. Box • 9277 Corpus Christi, Texas 78469 -9277 Dear Mr. Anaya, 4656 S. STAPLES, SUITE 230 CORPUS CHRISTI, Tx 78411 361 - 9914560 FAX: 361.993.7569 1220 N. TEXAS BLVD., SUITE 4 ALICE, TX 78332 361664 -6621 FAX: 361464-0559 RE: Wooldridge Road Lift Station 24" Force Main Tie -In and Odor Control System City Project No. 7455 Bids for the referenced project were opened at 2:00 p.m. on Wednesday, October 6, 2010. Three bids were received for the project. The three bidders and their respective bids were: Contractor Base Bid Gin -Spen, Inc. Huff & MitchelI, Inc. J.S. Haren Company $841,564.00 $845,951.00 $878,474.00 I have enclosed a copy of the overall bid tabulation sheet as well as a de tailed bid tabulation for the project. Gin -Spen, Inc. is a firm founded in 1983 with headquarters in Kennedale, Texas. Since the company has no history of projects in Corpus Christi or in South Texas, we requested a detailed packet of the submittals required by Items A -28, A -29 and A -30 of the Special Provisions of the Contract. The submitted material included: • A sworn statement from the company owner stating that there are no liens filed against Gin -Spen, Inc. nor are there any outstanding unpaid claims owed by Gin -Spen, Inc. for services or materials supplied to any projects begun within the past two years. • Construction references for similar projects with project name and description, location, contract amount, contract completion date, owner, and contact information, engineer and engineer's information. • Trade references along with City and Engineer references. —332— EXHIBIT "C" Page 1 of 2 Mr. Pete Anaya October 19, 2010 Page 2 of 2 • Owned Equipment • Signed Financial Statement that was prepared not more than 90 days prior to the date of this request (8/31/10). • The resumes of Norman Rash, John Roughneen and Richard Shepard, proposed superintendents and foreman for the project. • List of the products Gin -Spen, Inc. proposes to use on the project along with a list of subcontractors that will be working on the project. • A schedule of anticipated monthly payments for the project duration on the bottom of the preliminary progress schedule indicating relationships between the major components of the work. • Information identifying type of entity and state, corporation, and names and titles of individuals authorized to execute contracts on behalf of Gin -Spen, Inc. A copy of all of the above information is included with this correspondence. We were able to contact ten references shown as engineers or owners on the "Similar Construction Projects" list supplied with the submittal. Without exception, all contacted parties gave Gin -Spen, Inc. high marks for competent, professional work performed in a timely manner. All parties queried stated that they would have no hesitation in awarding a utilities contract of this type to Gin -Spen, Inc. It is our recommendation that the City award the contract to Gin -Spen, Inc. in the total base bid amount of $841,564.00. If you have any questions, please give me a call at (361) 991 -8550 or email me at donrr @crgei.com. Very truly yours, COYM, REHMET & GUTIERREZ ENGINEERING, L.F. derApse-- . Don Rehmet, P.E., R.P.L.S. Enclosures JDRlpjk —333— EXHIBIT "C" Page 2 of 2 0 0 00 0 N (0 t6 0 40 R O v. te i- f g 1- •te CO O w N CC Fes- w w as z n O a0 w N ELI CO CL z CD rl N0 t _ m LL f 0 0 r 2 0 V a la F Z 0 z 0 d cit z u F a 11.1 0 w o +� to 2 a a R LLI d is H c a' , o CL �. w 5 J to wo 0 5 O w m J.S. Haren Company P.O. Sox 450 Athens, TN 37371 TOTAL PRICE $ 70,000.00 $ 30,000.00 $ 7,000.00 00 0 o tf! Eft 0o 0 �7 64 00 a 0 v.) 64 0 a 0 O 64 0o O 0 O N 64 00 a 0 64 °o p0p 10 OI r 64 e • ^ s z.. 0. ! • e r 0 00 0 O t3 a 0 0 I, N 64 $ pQ O a M 64 UNIT PRICE $ 70,000.00 $ 30,000.00 $ 7,000.00 00.000'5 $ o O o uu, 64 o 10 0 M 69. o O 0 0 64 o O 0 0 64 0 O 0 64 o 0 0 in 43 a 0 0 t. iV f, 0 0 a M O a O O t G co r 64 69 0 O 0 tt7 69 0 o 0 co" 69 0 O 0 O 64 0 0 M e- 64 0 O a b 4 0 O In 0 N 43 $ 265,000.00 $ 500.00 $ 1,000.00 $ 1.500.00 00'000'5 $ 00 o a 0o 0 4+4 0 0 N 45. 00 0 r°) — 69 '" a" 0 o 0 M 669 00 0 0 t�D N 664 O o u°-, E3 O O O a Q t7s us a 64 Eff 0 t? 0 ¢ 64 $ 10,000.001 00.000.0 $ 0 $ M ri 49 liSUBTOTAL PART A" - SITE PREPARATION AND GENERAL CONDITIONS (ITEMS Al THRU A9) $ 136,800.00 II 5' s ', =' ?a $ o 4p cei 64 O °6p O ,n N H9 $ 4,500.00 q 0 0 o o o f]} 147 et 619 69 o tp N 64 $ 10,000.00 o O O O N M 64 0 O M V! °u !" i" o to a . O ri 43 o 00 1.1j M 4 op 47 4g 3OLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 ssrY DESCRIPTION rye � ` ��' -`•�sr r -I� r��` y' {� �r.re�� ���� � rT."' - �..'.�'^- ,�'�v.i x�,w . Odor Control Bed Area Clearing and Stripping, in accordance with the Plans and Specifications, complete and in place per lump sum. Storm Water Pollution Prevention, in accordance with the Plans and Specifications, complete and in place per lump sum. Traffic Control Measures, in accordance with the Plans and Specifications, complete and in place per lump sum. Exploratory Excavations, in accordance with the Plans and Specifications, complete and in place lump sum. Allowance For Unanticipated Adjustments, in accordance with the Plans and Specifications. complete and in place per Iump sum. Temporary Site Fencing, Security, in accordance with the Plans and Specifications, complete and in place per Iump sum. 10' Dia. FRP Junction Structure, in accordance with the Plans and Specifications, complete and in place per Iump sum. Odor Control System W/Blowers, Media Bed, Electrical, Water Piping, Manifold Piping, FRP Air Discharge Piping, Valves, in accordance with the Plans and Specifications, complete and in place per Iump sum. Trench Safety, in accordance with the Plans and Specifications, complete anc in place per lump sum. vi J J vi J tri J rr3 J vi _J vi J 0 .J T T —334— BID DATE: October 6, 2010 - 2 :00 p.m. —335— TOTAL PRICE ii :.ta 'K O a o IX) 64 o C d9 O 0 a 0 44 = a' ° `' 3E k� ?; 0 0 0 M1 64 00 0 o N 0 69 $ 7,500.0011 O 0 .°n N 4R $ 9,500.0011 a 0 o I n 64 00 o O N4 0 0 �' N !A $ 10,000.00 0 a r co Eff $ 8,000.00 N O 0 o co 00 pj y 00-009 $ 0 0 o sr 64 0 0 o N 64 $ 100.00 0 0 pp S 64 0 0 0 0 O 64 0 0 O 0 47 69 0 0 o S N 64 0 0 o 0 O 64 0 0 o r 4R p p4p5 qp 64 UNIT PRICE a o pp a 0 49 00'000'£ $ Huff & Mitchell, Inc_ 13626 Kluge Cypress, TX 77429 TOTAL II PRICE {= ! I %; c fit II 00'000'3 $ q O a 0 0 M 64 p O O 0 CO e'7 y4 $ 33,250.00 $ 22,950.00 $ 15,000.00 $ 18,750.00 $ 13,300.00 $ 6,000.00 $ 6,000.00 $ 4,000.00 $ 1,300.00 $ 815.00 $ 3,000.00 4 0 M 4 N k $ 350.00 1$ 90.00 $ 100.00 $ 150.00 $ 70.00 $ 6,000.00 $ 3,000.00 14 C1 a N 64 $ 30,000.00 FLu0 ;y $ 38,000.00 SUBTOTAL PART "B" - JUNCTION STRUCTURE AND ODOR CONTROL (ITEMS 13-1 THRU B -5) $ 497,500.00 € iHL 9' $ 31,350.00 $ 16,575.00 $ 10,800.00 $ 21,000.00 $ 14, 820.00 $ 2,300.00 $ 1,600.00 $ 4,900.00 $ 1,160.00 $ 8,150.00 $ 12, 700.00 $ 125,355,00 �I GIN -SPEN, Inc. 780 W. Kennedale Pkwy Kennedale, TX 76060 TOTAL PRICE $ 330.00 $ 65.00 $ 72.00 $ 168.00 $ 78.00 $ 2,300.00 $ 800.00 a O 0 u 44 64 49 111 it� P O 64 S 0 4.9. r .ft tt FF 24" PVC, C -905, DR 18 Force Main W/Fittings, in accordance with the Plans and Specifications, complete and in place per linear foot. 8" FRP Air Duct Piping W /Fittings, in accordance with the Plans and Specifications, complete and in place per linear foot. 10° FRP Air Duct Piping W /Fittings, in accordance with the Plans and Specifications, complete and in place per linear foot. 16° FRP Air Duct Piping WlFittings, in accordance with the Plans and Specifications, complete and in place per linear foot. 8" PVC SDR 26 Drain Line Piping W /Fittings, in accordance with the Plans and Specifications, complete and in place per linear foot. 10" PVC Junction Structure Air Vent, in accordance with the Plans and Specifications, complete and in place per each. 10" PVC Wet Well Air Vent, in accordance with the Plans and Specifications, complete and in place per each. 1" PVC Waterline and Fittings, in accordance with the Plans and Specifications, complete and in place per lump sum. Tie -In 8" Air Piping to Existing Wooldridge Road Junction Structure, in accordance with the Plans and Specifications, complete and in place per lump sum. Trench Safety System, All Piping Systems, in accordance with the Plans and Specifications, complete and in place per lump sum. Dewatering Piping Systems, in accordance with the Plans and Specifications, complete and in place per lump sum. 1T TAL PART "C" - PIPES, VALVES AND FITTINGS (ITEMS C1 THRU C11, WOOLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 DESCRIPTION , Dewatering, in accordance with the Plans and Specifications, complete and in place per lump sum. Bypass Operation, in accordance with the Plans and Specifications, complete and in place per lump sum. I i . 1 ii. El Bell .,,Iii . . Qi f ijIi!7 ,..mg N gi N r t w CO M1 QI G r —335— 0 d QI etl BID DATE: October 6, 2010 - 2:00 p.m. F (0 re V co a re 0 en 0 u- 0 o� ao, 3 z mw szt Z Li- z w 0 z 2 r co a. W C c c w a ui a c a m a 4W ENGINEER'S ESTIMATE: $665,486.00 TIME OF COMPLETION: 150 Calendar Days J.S. Waren Company P.O. Box 450 Athens, TN 37371 TOTAL PRICE O r 64 $ 1,824.00 $ 4,300.00 $ 8,000.001 p 0 N - IhIlIF 49 0 0 0 M $ 10,000.00 $ 10,000.00 0 0 4`'1 64 0 4 .e. {0 H , ?j 0 N N 64 0 0 N N u} 0 TOTAL BASE SID (PARTS A, B, C, D, & E): $ 841,564.00 $ 845,951.00 $ 878,474.90 o 0 64 $ 4.00 o N 64 O 0 64 o 0 o O N r 64 0 O 0 0 O CJ 69 0 0 0 N et iR Huff & Mitchell, Inc_ 13626 Kluge Cypress, TX TT429 TOTAL PRICE 0 o o 0 '.0 N N 44 S fG co f+ IV fR $ 6,450.00 o 0p O 4) N Ff? $ 9,500.00 1 00'009'Z $ 0 O o 0 GO W3 $ 2,000.00 o" cC !.. m ," ,— ID e ID 4A ;tt 0 O a- 0 4? 4444 UNIT PRICE o '4) 414 O o 44 O co O 44 O 0 N 64 o QI 44 $ 2,500.00 $ 8,000.00 00 O O N 44 $ 1,824.001 O an C 0 44 O O 0 64 O 0 0 49 $ 4,100.00 O pp 0 N 64 O pp r 44 0 • G =O 0 ry 40 a`j ' 69 0 o 49 C O 0 0 64 0 ¢ 0 406 °0 E'i 00 tf 4F} 0 0 oo 0) 4A 0 0 O N 44 `' 0 69- 0 0 0 o N 44 0 oo o r V! - , 0 0 O r 41 0 G 69 Conduit and Power Wiring Installation, in accordance with the Plans and Specifications, complete and in place per lump sum. _ J Electrical Equipment and Installation, in accordance with the Plans and Specifications, complete and in place per lump sum. [ SUBTOTAL ITEMS E1 THRU E2 3OLDRIDGE ROAD LIFT STATION 24" FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM PROJECT NO. 7455 DESCRIPTION 4" Thick Concrete Sidewalk, in accordance with the Plans and Specifications, complete and in place per square foot. 6" "L" Type Curb, in accordance with the Plans and Specifications, complete and in place per linear foot. New Perimeter Fencing, in accordance with the Plans and Specifications, complete and in place per sump sum. Odor Control Blower Foundation, in accordance with the Plans and Specifications, complete and in place per lump sum. Noise Reduction Baffle, in accordance with the Plans and Specifications, complete and in place per lump sum. Wooldridge Road Pavement Repair, in accordance with the Plans and Specifications, complete and in place per lump sum. Miscellaneous Site Grading, Sodding, in accordance with the Plans and Specifications, complete and in place per lump sum. SUBTOTAL ITEMS DI THROUGH D8 • p ;ry Sr. f!) V) u U) J vi J vi J v) J v) J ( ) _! G 215 N o a o 0 o a o -336 -- EXHIBIT "D° 1 Page3of3 PROJECT BUDGET WOOLDRIDGE ROAD LIFT STATION 24 -INCH FORCE MAIN TIE -IN AND ODOR CONTROL SYSTEM (Project No. 7455) November 16, 2010 FUNDS AVAILABLE: Wastewater CEP $1,089,185.00 FUNDS REQUIRED: Construction (Gin -Spen, Inc.) (Base Bid) $841,564.00 Contingencies 84,160.00 Consultant Fees: Consultant - (Coym, Rehmet, Gutierrez Engineering) 49,861.00 Testing - (Geotechnical & Material Testing)... 16,830.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 23,140.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 29,455.00 Construction Observation Services (not included in Consultant Services) 29,455.00 Finance Issuance 10,520.00 Misc. (Printing, Advertising, etc.) 4,200.00 Total $1,089,185.00 IC HONIElVeImaPSGENSWASTEWATERS7455 WOOLDRIDGE ROAD LIFT STATION7 AGENDA PRO ECT BUDGET EXHIBIT "E" Page 1 of 1 Mproject\ councilexh;bits \exh 7455. d wg Wooldridge Road Lift Station 24 -inch Force Main Tie-In and Odor Control System CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE 11/16/2010 _- ■ - - - liasW 338 23 AGENDA MEMORANDUM City Council Action Date: November 16, 2010 SUBJECT: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to accept a grant in the amount of $925,290 from the Texas Parks and Wildlife Department for the Clem's and Billing's Boat Ramp Renovations and to execute all related documents. B. Ordinance appropriating $425,290 from the Texas Parks and Wildlife Department's Boating Access Grant Program in the No. 1067 Park and Recreation Grants Fund for the construction of the Billing's Bait Stand and Clem's Boat Ramp Rehabilitation Project; amending the FY 2009 -2010 Capital Budget, adopted by Ordinance No. 028449, by increasing proposed expenditures and revenues by $425,290 each; and declaring an emergency. C. Motion authorizing the City Manager, or his designee, to execute a construction contract with MB Western industrial Contracting Company of Pasadena, Texas, in the amount of $1,013,720 for the Base Bid for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. ISSUE: This project is the result of outstanding partnership efforts between the City, Texas Parks and Wildlife Department (TPWD), General Land Office (GLO), Texas Department of Transportation (TXDOT), Coastal Bend Bays and Estuaries Program (CBBEP), Saltwater- fisheries Enhancement Association (SEA), Padre Island Strategic Committee, and local businesses to obtain U. S. Fish and Wildlife Service Division Grant Funds for the reconstruction of the two boat ramps (Billing's and Clem's) located near the John F. Kennedy (JFK) Causeway on the Packery Channel. The scope also includes a new seawall bulkhead adjacent to the Billing's Boat Ramp to protect and enhance access to the ramp. This item authorizes the construction phase. On November 3, 2010, the City received the Texas Parks and Wildlife Department (TPWD) Boating Access Grant Program Agreement approving federal funds for $925,290. This represents the 75% match with local matching funds and "in-kind" services. The City received final U. S. Army Corps of Engineers (USAGE) permit approval for the boat ramp replacement and shoreline protection (bulkhead) on September 2010. On July 14, 2010, the City received proposals from three (3) bidders (see Exhibit "C" Tabulation of Bids). The bids range from $1,013,720 to $1,315,097.49. The estimated cost of construction for the Base Bid is $930,000. Derrick Construction Company requested their Bid Proposal be withdrawn due to errors. The City's consultant, URS Corporation and City staff recommend a contract be awarded to MB Western industrial Contracting Company of Pasadena, Texas in the amount of $1,013,720 for the Base Bid for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. —341— H:SH0ME1VeImeP1GENIPACKERY CHANNEL 15243 BILLINGS AND CLEMS\CONSTRUCTION november 201012 AGENDA MEMO.doc FUNDING: Funding is available from donations from the Texas Parks and Wildlife Department's (TPWD) Safe Boating Access program, Coastal Bend Bays and Estuaries Program (CBBEP), Saltwater- fisheries Enhancement Association (SEA); and from the FY 2009 Parks and Recreation Capital Budget Bond Issue 2004. RECOMMENDATION: Staff recommends approval of the motion as presented. Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Exhibit "F" Support Material: Background Information Prior Actions Tabulation of Bids Project Budget Location Map Letter of Recommendation Pete Anaya, P.E. Director of Engineering Services 361 - 826 -3781 peteana cctexas. com —342— H:4HOMESVSImaP4GENIPACKERY CHANNEL15243 BILLINGS AND CLEMSSCONSTRUCTION november 201042 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) PROJECT DESCRIPTION: This project is a joint project funded through grants from the Safe Boating Access Program through Texas Parks and Wildlife Department (TPWD), as well as General Land Office (GLO), Texas Department of Transportation (TXDOT), Coastal Bend Bays and Estuaries Program (CBBEP), and local businesses. The proposed contract provides for complete design of replacement for both the Billing's Bait Stand and Clem's Marina Public Boat Ramps with vehicle /trailer access, parking and bulkhead construction along the Packery Channel near the John F. Kennedy (JFK) Causeway. The proposed project will replace the deteriorated ramps with new concrete structures and piers with site improvements to implement elevation changes and new bulkhead to improve tidally influenced drainage flows and vehicle access to the ramps from the access roads. The new access and parking lots will reconstruct the current unimproved access and parking with new hot -mix asphaltic concrete (HMAC). BID INFORMATION: On July 14, 2010, the City received proposals from three (3) bidders with one bid withdrawn for errors made transferring values from the unit price to the total price. The Base Bids range from $1,013,720 to $1,315,097.49. The estimated cost of construction for the Base Bid is $930,000. The City's consultant, URS Corporation and City staff recommend a contract be awarded to MB Western Industrial Contracting Company in the amount of $1,013,720 for the Base Bid for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. Our consultant and City staff has confirmed the contractor's successful past performance and confirmed that the contractor has agreed to extend his pricing, see Exhibit "F" Letter of Receommendation. CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion anticipated in March 2011. PROJECT BACKGROUND: The area near the John F. Kennedy (JFK) Causeway on the north side of State Highway 358 on Packery Channel contains two boat ramps that are leased to the Texas Parks and Wildlife Department (TPWD). One is next to Billing's Bait Stand and the other next to Clem's Marina. Both boat ramps provide free boat access. The boat ramps have suffered from many years of overuse and neglect to the extent that the boat ramp next to Billing's Bait Stand is in a near - unusable condition. The other boat ramp next to Clem's Marina, while usable, is not a high quality ramp. The shoreline also lacks adequate protection from tidal forces. Further complicating the issue, the access /parking lot in front of the bait stand is unpaved and floods at high tide, making it very difficult to reach the boat ramps and an area where one would not want to park a boat trailer. The project to improve these ramps, parking, and shoreline protection was developed in three phases. The first phase provided temporary minor safety repairs to the ramps until the grant program was implemented. The grant program consists of two additional phases, this one for the new ramps and shore protection, and the next phase to improve parking and access. Due to site location, this project is subject to U. S. Army Corps of Engineers (USACE) jurisdiction and requires permitting. —343 -- N:',HOMEIVeImaP1GENSPACKERY CHANNEL15243 BILLINGS AND CLEMSICONSTRUCTION november 201013 AGENDA BACKGROUND.doc EXHIBIT "A" Page 1 of 2 The Texas Parks and Wildlife's Department Safe Boating Access Grant Program provides 75% matching grant funds for the construction of public boat ramp facilities throughout Texas. Local government sponsors must make an application, provide the land, provide access to the proposed boat ramp, supply 25% of the development costs, and accept operation and maintenance responsibilities for a minimum 25- year period. These funds are allocated annually through the federal Sport Fish Restoration Act. The grant cash match will be provided by the Coastal Bend Bays and Estuaries Program (CBBEP), Saltwater- fisheries Enhancement Association, and the City of Corpus Christi. Robert Floyd, Architect, is also donating architectural services for this project. —344- H:IHOMEIVeImaP1GEN4PACKERY CHANNELI5243 BILLINGS AND CLEMSICONSTRUCTION november 201013 AGENDA BACKGROUND.dac EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation (Project No. 5243) PRIOR COUNCIL ACTION: 1. November 18, 2008 — Resolution authorizing the City Manager, or his designee, to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Park and Recreation Capital Improvement Program (CIP) Fund, and additional $117,000 grant matches from the Coastal Bend Bays and Estuaries Program, and Saltwater Fisheries Enhancement Association, and architectural services from Robert Floyd, for total project cost of $667,000. (Resolution No. 027941) 2. November 18, 2008 — Resolution authorizing the City Manager, or his designee, to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater Fisheries Enhancement Association concerning development of coordinated plan to remedy the boat ramps and parking lot located near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. (Resolution No. 027942) 3. December 16, 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. October 27, 2009 — Resolution authorizing the City Manager, or his designee, to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access program in the amount of $500,000 for Phase II of reconstruction of Billing's and Clem's boat ramps located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with a land match from the value of leased land ($167,000) owned by the Texas Department of Transportation (TXDOT) and Texas General Land Office (GLO), for a total project cost of $667,000. (Resolution No. 028378) 5. November 17. 2009 — Resolution authorizing the City Manager, or designee, to accept grants from: the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000, the Coastal Bend Bays & Estuaries Program in the amount of $50,000, and the Saltwater- fisheries Enhancement Association in the amount of $67,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund for a total project cost of $667,000. (Resolution No. 028418) 6. November 17, 2009 — Ordinance appropriating a $500,000 grant from Texas Parks and Wildlife Department's Safe Boating Access Program, a $50,000 grant from the Coastal Bend Bays & Estuaries Program, and a $67,000 grant from the Saltwater - fisheries Enhancement Association in the No. 1067 Parks and Recreation Grants Fund for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Parks and Recreation CIP Fund; and declaring an emergency. (Ordinance No. 028419) -345- H:1HOME VeImaP1GENIPACKERY CHANNELL5243 BILLINGS AND CLEM55CONSTRUCTION September 201014 PRIOR PROJECT ACTIONS.dac EXHIBIT "B" Page 1 of 2 7. November 17, 2009 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with URS Corporation of Corpus Christi, Texas in the amount of $151,365, for a total re- stated fee of $181,286 for Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. (Motion No. M2009 -329) 8. June 29, 2010 — Resolution authorizing the City Manager, or his designee, to execute an Interlocal Cooperation Agreement with Texas Parks and Wildlife Department to receive $20,000 towards design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp. (Resolution No. 028666) 9. June 29, 2010 — Ordinance appropriating $20,000 in the Packery Channel CIP Fund No. 3277 from revenue received from Texas Parks and Wildlife Department for reimbursement of design plans and specifications for the improvements of the property at Billing's Bait Stand and Clem's Marina Boat Ramp; changing FY 2009 -2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $20,000; and declaring an emergency. (Ordinance No. 028667) PRIOR ADMINISTRATIVE ACTION: 1. May 29, 2009 - Distribution of Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non-local). 2. June 22. 2009 — Addendum No. 1 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non-local). 3. June 29, 2009 — Addendum No. 2 to the Request for Proposals (RFP) No. 2009 -05 City of Corpus Christi Projects to 206 engineering firms (86 local and 120 non - local). 4. October 6, 2009 — Administrative approval of Small NE Agreement for ArchitectllEngineer Consultant Services with URS Corporation in the amount of $29,921 for the Billing's Bait Stand and Clem's Marina Boat Ramp Rehabilitation. -346- H:IHOME1VeImaP'GENIPACKERY CHANNEL15243 BILLINGS AND CLEMSICONSTRUCTION sepiember 20104 PRIOR PROJECT ACTEONS.doc EXHIBIT "B" Page 2 of 2 0 0 O o N 0 M 69 7 LLE Q 111 Cc 0 W CC W LU z_ 3 z W co S 0 rn 0 U u- 0 Oi E LL UJ ° Z 40w 0 J m E F w yV W u.. 0 z 2 rn c a= w 0 LU tr ▪ co ▪ 0 N W O_ Ci U Cam az O 0 N H m a- 0 o W o3 2 Derrick Construction Co., Inc. P. O. Box 1046 Rockport, TX 78381 I TOTAL PRICE 0 O Q7 CO cc) 0 0 6 co N ea I O O 1- b9 $1,325.43 $56,545.00 N. co Tr r- 604 0 0 O CO 69 604 $8,254.001 co 0 ca N. N O O N 0 $16,792.00 0 O CO O 01 UNIT PRICE y 0 c;7) 0 ',a 64 0 C7 co 64 0 ,- &3 $1,325.43 0 Ln (0 64 faO M CO 0 t00 CO 63 $8,254.00 $55,278.00 0 CV 0 0 N W O 64 0 (0 00) tCO 64 _ G & L Young Construction P. O. box 260429 Corpus Christi, TX 78426 ITOTAL PRICE 1 0 0 O W co 69 0 O 0 O 609} 0 0 O O (0 64 r$190,480.00 0 0 (0 CD C0) 64 0) V' (0 I c0) r 64 $14,490.00 O pO 0 r 69 $57,210.00 0 O co CO 669 Q O 0 O N vi 0 O O (0 N 64 IUNIT PRICE S• g:! : ^; s O O d C0O CO 0 O O 0 0 K} 00 "000`09$ 0 O 4 co 0 0 4 cc) T $732.58 O O 0) 69 O 0 O O 69 $57,210.00 0 O O a00 64 0 O O 0 N C O O co O N MB Western Industrial Contr P. O. Box 5399 Pasadena, TX 77508 TOTAL PRICE 4sF 0 0 00 CO (0 $3,465.00 0 0 0 O . 00 0 0 (0 00 00 0 O 00 (0 1.6 O 1.0 00 6 co CO co 00 00 0 69 00 00 it � 0 00 40 609 00 00 0 O 00- 000,ZZ$ UNIT PRICE 5, Tk4 0 0 4 co co 64 0 0 ICrDi W 49 0 0 O 00 - r �} 0 O O 00_ c00 64 881,500.00 $310.00 0 O 0 co N 64 0 0 O 00_ ee O O O v co 64 0 0 O co O 604 . 00.000`0 I.$ 0 0 0 0 N 64 BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP REHABILITATION (PROJECT NO. 5243) DESCRIPTION TJ s . Mobilization /De- mobilization Temporary & permanent signage (Billing's Boat Ramp Improvements Dewatering boat ramp Reinforced concrete boat ramp Sheet pile for boat ramp Sheet pile for bulkhead Concrete placement for docks Rough carpentry Composite decking co °a 2 Fenders and cleats Concrete walk, ramps & curb including grading F Z '= -s "'`� aA CA J N J W J CO J CO J LL J co J co J (17 J co J CO J CO J Q t.F T -C' r r — go 0 T f r T _ ,-. ITEM Q Q m CO nr CO m 0 m m m `- m —347— IEXHIBIT "C" Pagelof2 O O N V". M r F- LU _ 0 (1) ❑ w w z Z w fI� S U N 0. O 0 LL 0 0 �_ m w u. Oj Z 0w P CO Z Q i J J z_ z w w y O 1- Z 2 CO e) Q a L11 c ❑ 'En w 0 ice] y A ire W , a ID 0rn 4)0 d ~ Lil II. L❑IJ I U 5o W CO ae Derrick Construction Co., Inc. G & L Young Construction P. O. Box 1046 P. O. box 260429 Rockport, TX 78381 Corpus Christi, TX 78426 MB Western Industrial Contr P. O. Box 5399 Pasadena, TX 77508 O 0 00 0 63 O co 00 O 10 O 0 0 O O O n 0 O co O co- 1.- 63 0 o6 N 0 0 CV 0) 69 O 0 [V 0) 69 ail O O to f0 O 63 0 0 0 0 rn O 0 Lo O O 0 l0 O 0 0 u7 0 ri 0 m L!7 N 663 O 0 00 o ss O O O O O a0 O 0 rn r 0 0 rn 0 0 co co 0 O O 0 co 6N4 0 0 00 6Lfs co 0 o° 0 O O O O 0 O O N- 0,1 O 0 0 of n co 0 N O O N 601 63 00 0 co 0 O 0 0 oo 0 a) 63 O a) O '3 0 0 00 0 0 0 00 O N trr O d O 0 0 0 _ 64 O 0 O O O 0 O DO w 63 w 00 ' o O co- O 00 O 63 BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP REHABILITATION (PROJECT NO. 5243) DESCRIPTION Z a 2 w Dewatering boat ramp Reinforced concete boat ramp Concrete placement for docks Rough carpentry Composite decking N 2 c R 2 Fenders and cleats co -J J J T. co J w' J J —348 -- d c C (6 _c" aI a) = tl be o G) c a) y Sl 7 V > E _CI E N m a) 0 0 p c c.5 a (41 E N L y 0. N a) F2 0 O 16 0 QQ 2 > E C mQ. & W � = �} f6 c. E ° y E E y Q. 0- f0 41) L7 r_. N a g n O 0 N F^ E aca -0 a o E co as q D O bl O N 2 L Eyau) y 8 .2 Oa7 C C a) C - L — ai a1 1:1 3 4138 s •c NCO CO a • a) a) N C .Q O m y t r w CO 2 E ayi d *; rn aa.),cc .c a) 0 0 a> m cp t0 Q33 3 ,E 0 } 0 7 C c 0 L y a ° 3 m E EEa +_ C at N C 2•� F a) N LL . D l0 a F- to • L N c a; ... ❑ 2 .c PROJECT BUDGET BILLING'S BAIT STAND AND CLEM'S MARINA BOAT RAMP REHABILITATION (Project No. 5243) November 16, 2010 FUNDS AVAILABLE: Texas Parks and Wildlife Grant (TPWD) $924,290.00 Texas Parks and Wildlife State Grant (TPWD) 20,000.00 Coastal Bend Bays and Estuaries Program (CBBEP) 50,000.00 Saltwater - fisheries Enhancement Association (SEA)...... 67,000.00 Parks Bond Issue 2004 288,308.00 Total... $1,349,598.00 FUNDS REQUIRED: Construction (MB Western Industrial Contracting Company) (Base Bid) $1,013,720.00 Contingencies • 101,372.00 Consultant Fees: Consultant - (URS Corporation) (construction observation included) 181,286.00 Testing - (Geotechnical & Material Testing) .. 20,274.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 27,877.00 Misc. (Printing, Advertising, etc.) 5,069.00 Total . $1,349,598.00 H:4HOMESVeImaPSGEN\PACKERY CHANNEL15243 BILLINGS AND CLEMS CONSTRUCTION norenalltaal&PROJEcT BUDGET EXHIBIT "D" Page 1 of 1 Fife : \ Mprojec t\councilexhibits\exh5243b.dwg 0 fs N LOCATION MAP NOT TO $ALE BILLING'S BAIT STAND BOAT RAMP J SITE IMPROVEMENTS PROJECT # 5243 VICINITY MAP NOT TO SCALE EXHIBIT BILLING'S AND CLEM'S MARINA BOAT RAMP REHABILITATION - sn- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: l of 1 DATE: 11-16-2010 July 26, 2010 City of Corpus Christi Engineering Services P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Attn: Mr. Pete Anaya, P.E., Director of Engineering Services Re: CONTRACTOR RECOMMENDATION LETTER Billings Bait Stand and Clem's Marina Boat Ramp Rehabilitation, Project No. 5243 Dear Mr. Anaya: We have reviewed the three (3) bids received on July 14, 2010 for the above - referenced project. The bidders were Derrick Construction Company, MB Western Industrial Contracting., and G &L Young Construction. After reviewing the bids and submitted material, URS recommends accepting the bid of MB Western Industrial Contractors of Pasadena, TX. The results of the bid evaluation follow below: MB Western was the apparent low bidder at the bid opening with a bid in the amount of $1,013,720.00. Derrick Construction submitted an Itemized Proposal with a total base bid of $1,040,313.00 indicated. When the line items were totaled, however, the result was $680,333.40 making Derrick the low bidder. Derrick Construction has presented documentation showing that values were transposed incorrectly from a spreadsheet to the Itemized Proposal form. Derrick Construction cannot honor the revised total base bid and requested that the corrected bid be withdrawn from consideration. With the withdrawal of Derrick Construction's bid, the bid from MB Western in the amount of $1,013,720.00 is the low bid. URS has reviewed the qualifications material provided by MB Western as we are comfortable that they are well qualified to execute this project. In addition, we contacted Damond Brotherton, Chief Structural Engineer with the Port of Houston. He has been with the Port for 25 years and has used MB Western for several contracts. He states that they have always performed well and that he would have no hesitation to use them again. URS recommends that the City accept the low bid from MB Western Industrial Contracting. The three (3) Bid Proposals and a Bid Tabulation are attached to this letter. Should you wish to discuss this matter further, please do not hesitate to contact me at 361 -884 -7140. Sincerely, URS Corporation Jeff Edmonds, P.E. Branch Manager cc: Jerry Shoemaker, P.E. Sylvia Arriaga URS Corporation 711 North Carancahua, Suite 1620 Corpus Christi, TX 78475 Tel: 361 - 864 -7140 Fax: 361 - 888 -4169 www.urscorp.com --351- EXHIBIT "F" Page 1 of 1 Page 1 of 1 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT IN THE AMOUNT OF $925,290 FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE CLEM'S AND BILLING'S BOAT RAMP RENOVATIONS AND TO EXECUTE ALL RELATED DOCUMENTS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to accept a grant in the amount of $925,290 from the Texas Parks and Wildlife Department for the Clem's and Billing's Boat Ramp renovations, and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form: November 11, 2010 Lisa Agui , Assistant City Attorney for the City Attorney H'ILEG- DIRILisa12010 Resolutions\Bilis Boat .Ra -$2c Joe Adame Mayor Corpus Christi, Texas of , 2010 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott ORDINANCE APPROPRIATING $425,290 FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT'S BOATING ACCESS GRANT PROGRAM IN THE NO. 1067 PARK AND RECREATION GRANTS FUND FOR THE CONSTRUCTION OF THE BILLINGS BAIT STAND AND CLEM'S BOAT RAMP REHABILITATION PROJECT; AMENDING THE FY 2009 -2010 CAPITAL BUDGET, ADOPTED BY ORDINANCE NO. 028449, BY INCREASING PROPOSED EXPENDITURES AND REVENUES BY $425,290 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $425,290 from the Texas Parks and Wildlife Department's Boating Access Grant program is appropriated in the No. 1067 Park and Recreations Grants Fund for the construction of the Billings Bait Stand and Clem's Boat Ramp Rehabilitation project. SECTION 2. That the FY 2009 -2010 capital budget adopted by Ordinance No, 028449 is changed to increase proposed expenditure and revenues by $425,290 each. 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 Armando Chapa City Secretary Approved: November 11, 2010 Lisa Aguilar Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor H:1LEG- DIR \Lisa12010 OrdinancelParks grant fo3l,stand.doc 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 24 CITY COUNCIL AGENDA MEMORANDUM November 16, 2010 AGENDA ITEM: Resolution of the City of Corpus Christi, Texas accepting the report of Trillion Aviation concerning the operation of the City's Airport: authorizing the City Secretary to accept and file such report; authorizing matters incident and related thereto; and providing an effective date. ISSUE: The rate covenant associated with the General Airport Revenue Series 2000 A &B Bonds requires that each fiscal year, the City will maintain net revenue in an amount not less than 1.25 times the Annual Debt Service Requirement. Upon completion of the FY 08 -09 financial audit in January 2010, it was determined that the rate coverage was 1.09 of Net Revenue available for Debt Service. As a result of the reduced coverage and consistent with the terms of the rate covenant, Trillion Aviation, airport management consultant, was retained to provide recommendations on operating expenses, revenue and their impact on net revenue available for debt service. The compliance recommendations were developed over a period of several months with regular input from Airport and Finance Staff as well as Bond Counsel. Recommendations are highlighted in the attached report and will be presented by Mr. Dan Benzon of Trillion Aviation. BACKGROUND INFORMATION: Corpus Christi International Airport (CCIA) terminal and iandside roadway improvements were funded in part with $22,650,000 in revenue bonds. The bonds are funded through a combination of Passenger Facility Charges (PFCs) and airport operating funds. During Fiscal Year 2008 -09, several negative factors impacted CCIA operating revenue. The most significant impact was the decrease in PFCs which provide the majority of funding for debt service. PFC receipts dropped from a high of $1.8 million in FY 05-06 to $1.4 million in FY 08 -09. In September 2008, Hurricane Ike resulted in the Toss of almost a week of flight activity impacting landing fees, parking and concession revenue. The overall economic downturn also resulted in the bankruptcy of an on- airport rental company as well as an overall decline in passenger enplanements. Due to the substantial drop in operating revenue, the net revenue ratio dropped below 1.25 to 1.09. By comparison, the FY 09 -10 year -end projection of the ratio is between 1.4 and 1.5. Recommendations outlined by Trillion Aviation have been reviewed by Airport Staff and several are in the implementation phase. CITY COUNCIL AGENDA MEMORANDUM November 16, 2010 RECOMMENDATION: Staff recommends approval of the Resolution and recommendations as presented. Fernando gundo Director of Aviation FredS @cctexas.com 289.0171 ext. 1213 A V I A T I O N . till Ion Bond Covenant Compliance Report Background The following report represents an analysis of the current and projected financial condition of the Corpus Christi International Airport (CRP). The analysis was commissioned as a result of insufficient airport fund net revenues to cover the one hundred twenty five percent (25 %) debt service coverage requirement for the outstanding general airport revenue bonds as is required under the terms of the bond ordinance covenants. There are two series of bonds that are impacted by the coverage requirement. This analysis will primarily focus on the revenue and expense elements of the airport operation to review the trends that have formed over the past few years and to develop an action plan for stabilizing the financial performance of CRP to help ensure its future financial self sufficiency. This report assesses each major category of airport revenues and expenses and recommends opportunities to improve financial performance through increasing revenues and decreasing expenses to provide sufficient available cash to an amount reasonably in excess of the minimum 125% coverage requirement. This report further recommends that certain management reporting tools are implemented in order to provide real time management to assess financial performance. Since many of the contractual arrangements in CRP are existing agreements and have business terms that span over a number of years, the ability to impact the revenue stream in any single year are limited, except in a few unique situations. The following are the significant contracts that impact the revenue stream: 1. Airline Use and Lease Agreement- Executed in 2009 for a 5 -year term expiring in July 2014. Rents are pre -set at fixed rates with a slight increase each year. Landing fees are based on a full cost recovery methodology for the costs associated with the airfield. Any increased non - airline revenue or reduced expenses will be a direct benefit to the overall financial performance of the airport based on the rate making methodologies in place. 2. Atlantic Aviation, Fixed Base Operator (FBO) - Atlantic is one of two FBO's on the Airport and its current lease extension expires October 2010. Negotiations have ceased due to the unwillingness of Atlantic to accept the new business terms that increase revenue and management control associated with the FBO Triav, LE_C • 4301 W. William Cannon Dr. • Suite e- 150, 4293 • Austin, Texas 78749 • www.triliionay.com • 763 234 -1725 -361- and the airport is in the process of implementing a new business model to significantly increase the potential return to the airport. 3. Signature Flight Support (FBO) - Signature is the other FBO on the Airport and its lease does not expire until October 2012. Signature's current business terms are substantially the same as Atlantic's and it is anticipated that similar business terms to what has been introduced for the expiring Atlantic lease will be implemented when the current Signature agreement expires. 4. Public Parking- The airport- controlled public parking lot is currently operated with city employees with all revenues being collected by the airport. Management is currently reviewing third party contracting staffing alternatives that would provide more flexibility and increase the margin on the operation. A decision and implementation is expected in the second half of calendar year 2010. 5. Food and Beverage Concession- The current contract does not expire until 2015. The primary location is in the non - secure portion of the terminal and alternatives are being reviewed to increase sales resulting in increased commissions to the Airport. Revenues have been decreasing and alternatives to reverse that trend have been developed and will be implemented in calendar year 2010. 6. Rental Cars- The current rental car agreement expires in 2014 and provides for a Minimum Annual Guarantee (MAG) or a concession fee based on sales, whichever is greater. Most of the car rental concessionaires are paying their concession fee based on the MAG as passenger activity has declined with the recent economic downtum. The Airport has also implemented a Customer Facility Charge (CFC) to fund the proposed improvements in the Car Rental Quick Turn Around (QTA) facility that is currently in design. It will be important to monitor and modify the CFC upon adoption of the comprehensive project budget in order to have sufficient revenues to fully support the construction, maintenance, and repair /replacement fund for the facility. All recommendations in this report are made without a specific dollar or percentage target in mind; rather the goal of the exercise is to identify the broadest array of opportunities to increase revenue with measured risk and to reduce expenses without lowering service standards, yet still achieve the airport's goals and objectives. By balancing these components, the result should significantly reduce the risk on the operating budget and provide increased financial stability for airport senior management to have available funds for discretionary spending and additional non- airline revenue generating development. Short and long term financial self sufficiency of the airport is imperative. One significant way to achieve that independence is to diversify the non - airline revenue sources so that the goal would be to have airline rates and charges account for no more than twenty five percent (25 %) of the airport's overall revenue stream. Reducing reliance on the airline revenue is beneficial in that additional discretionary non - airline revenue allows the airport to: 1) reduce the financial strain from any one segment of the business; 2) keep the airline rates and charges low, thus increasing the attractiveness of the airport to maintaining and attracting commercial and general aviation service; and to 3) insulate the financial stability of the Airport from reductions in service so as not to pose as much of a short term financial threat as it relates to passenger activity based revenues (Le., parking, car rentals, food and beverage concessions, FBO's). 2 -362- Outlined below are the agreed to tasks associated with this Bond Covenant Compliance Report. Task 1- Review and assess airport revenues and expenses includable in the rate covenant calculation for FY2009 (and FY2007 and FY2008) For FY2009, a summary of the YTD "variances" in revenues and expenses of actual to budget includes: Month Revenues Expenses August - 27,329 272,779 September 42,013 - 17,710 October - 44,100 - 77,269 November 32 63,578 December 17,916 95,229 January - 17,419 - 12,098 February - 24,397 127,841 March 13,231 49,343 April 63,954 7,283 May - 45,054 115,285 Subtotal $- 21,153 $624,261 The variance report for FY2009 indicates that revenues for the year tracked slightly lower than budgeted and the expenses tracked ahead of budget. The net year to date difference between revenues and expenses is approximately $600,000 favorable. However, since the budget is estimated as a straight line over 12 months, additional in depth analysis needs to be performed for the last 2 months of the fiscal year to ensure there are not unidentified extraordinary expenses pending. While this appears to be an overall positive result, there are deficiencies in the reporting and tracking system that need to be addressed in order to provide more "real time responsiveness to budget performance due to the potential wide swings on a monthly basis actual to a straight line budget. It is recommended that revenues and expenses are analyzed on a month to month basis over the past three year period to determine monthly spending and revenue patterns and correlate that to a corresponding activity level. The FY2011 budget needs to be re- stated and projected on a monthly basis so that the monthly variance reports are managed against meaningful data. The monthly variance reports should also incorporate an "action" section so when the variance is more than 10% or a minimum of $1,000, whichever is greater, there is a detailed explanation regarding the variance. For expenses exceeding the budget, a corrective action statement for implementation by the respective department manager needs to be identified and implemented immediately. With the current straight line allocation of expenses over the twelve months, there is no ability for management to determine if there is a budget problem or a cyclical issue until later into the budget year when there is less time to implement corrective actions. A similar process needs to be incorporated for revenues where revenues are falling short of budgeted levels. In addition to making the managing and reporting on budget throughout the year a requirement, it is recommended that financial performance should be considered a significant criterion in the annual performance review for department heads. If allowable 3 -363- under city policy, it might be worthwhile to consider an employee incentive program for ideas that are presented by employees that can have an impact on financial performance. Attached, as Exhibit A is a comparison of the expenditures and revenues for FY2007, FY2008, and FY2009. Expenditures have a certain degree of variability based on activity. Knowing that variability should allow management the ability to adjust services during down times, to save money or to cross utilize resources, little things like changing the frequency of rest room janitorial services because of airline schedule changes can have a savings impact without compromising customer service. Identifying and implementing activity based service modifications should be a task immediately assigned to ail department heads for development and available for implementation. This Exhibit A also benchmarks the passenger related revenues against the actual activity for each year in order to determine a benchmark revenue unit per passenger. This is an important management tool in that a significant portion of the gross revenues will be passenger activity driven (e.g., concession, parking, PFC's, etc), thus forecasting based upon activity projections instead of historical information should give more accurate guidance in the development of the gross revenue budgets. In addition, this will allow management to follow trends and to determine the impact of relevant variables (e.g., changes in pricing, utilization trends, etc.) and the impact they have on airport revenue. Once again, this also serves as a signal to address negative trends and determine corrective action. On the operating expense side, benchmarking will give management a valuable tool to constantly monitor the expenses versus the passenger activity. One of the most difficult challenges is managing expenses and implementing corrective actions on expenses as it gets further into the fiscal year. Usually the amount that needs to be reduced to bring expenses in line with reduced demand, when the information is not constantly monitored and accurate, is draconian and will have significant impacts on the level of customer service. The challenge is to have in place a tool to keep that from getting out of control. benchmarking expenses against historical spending patterns on a monthly basis is an effective tool to accomplish that objective. Airports are regulated by the FAA such that the airport can only pay for services directly associated with the airport's operation. Any variation from that principle is considered revenue diversion and is disallowed by the FAA. CRP is staffed higher than many airports its size and thus CRP provides more of the support services directly with airport staff rather than relying on the goveming body (i.e., the city). While there are certainly services for which the city needs reimbursement as part of the city governance structure that are not otherwise performed directly by airport staff, the charge backs have grown recently in addition to the airport directly performing the same service. An in depth internal analysis needs to be conducted in order to determine the appropriateness of the charge back levels. Where there is duplication of services between the airport and the city, a determination needs to be made on the most effective means of providing the service to the airport. Once established, either the airport staffing or city support needs to be adjusted accordingly and the commensurate financial adjustments made. This is also important since airport revenues are paid to the city, and if the charge is not justifiable because of duplication or there is no support that justifies the level of charges, then the FAA can consider the payments to the city as 4 -364- revenue diversion and implement an action to withhold such payments. This same philosophy needs to be extended to the interest income applicable to the airport for investments made by the city on behalf of the airport. The goal of this analysis is to identify targets for increasing revenue and reducing expenses to maximize net revenues for debt service coverage purposes. A key element included in the task is the identification of management processes that will enhance the ability to effectively track and report the revenues and expenses. In looking at the historical trends and reviewing the multi -year benchmarking of key revenue and expense line items, the following recommendations are being made with regard to reporting, expenses, and revenues: 1. Implement the specific airport and city budget adjustments identified in this report. In addition to the budget targets, develop a benchmark goal for each revenue and expense line item by month based upon historical patterns as identified in Exhibit A and have department heads monitor, report, and adjust the operation to meet the financial budget objective and the benchmarking metric. 2. For non - airline revenue streams, have department heads develop a revenue generation plan and projection to generate the maximum revenue possible on an annual basis. 3. Incorporate financial management as a significant criterion in the annual performance evaluation process for department managers. 4. Perform an audit/reconciliation of city services that are charged back to the airport and assess the level of chargeback and /or direct employee staffing. Make a recommendation for a reduction to eliminate identified duplications and to right size inter - governmental allocations to the airport. Task 2- Determine additional considerations of revenue and expense components for calculation Airport economics have grown beyond the philosophy of revenues representing merely terminal rents, landing fees, parking, car rentals, and fuel/land rent from FBO's as the predominant income streams. Airports have become economic engines for their communities and have to be managed as a business venture. Financially self sufficient airports have turned the overall airport complex and experience into a regional revenue generating asset. Maximizing the value of the full asset base of the airport includes developing available land; increasing general aviation activity; providing customer amenities that support the airport tenants and visitors; and promoting development of non - aviation activities on the airport. This approach includes airports taking additional risk by broadening their income streams so that all users of the airport complex participate in a "pay for what you use approach" toward the investment that the airport maintains. Outlined below are recommended innovative approaches for increasing non - airline income opportunities for the Airport: 1. Increase revenues from the FBO operations. Typically FBO's are multi - million dollar businesses that return about 5100,000 or less annually to an airport. Land rent and fuel flowage fees for fuel sold are the primary sources of those revenues. In the past, commercial airlines purchased fuel from the FBO which made the fuel concession fee a steady revenue stream due to the volume of 5 -365- fuel required by the airlines. Since oil skyrocketed a few years ago, airlines have fundamentally changed their approach to providing fuel in spoke cities, and now they purchase the fuel under their volume purchase agreements and supply it to the FBO for storage. Rather than "selling" fuel now, the FBO's are merely storing and dispensing the fuel for an In to plane" fee. Since the labor, storage, and trucking are the only components and they are not considered eligible for a concession fee to the airport in the current FBO contract, the commercial service fuel sales revenue has been eliminated. An initiative is underway to change that aspect of the business with a new FBO economic model and resulting business terms which will be implemented in October. This model separates the traditional long term FBO leases associated with facility development from the operational performance of an FBO under a short term arrangement so that the airport can adjust the business model as the industry changes and maximize the revenue to the airport from the FBO. 2. Taxis, courtesy shuttles, and limousines utilize the roadway infrastructure of the airport and are supported by airport police. The fees charged to those users need to be commensurate with the investment the airport has made in constructing, maintaining, managing, and refurbishing those assets. In many airports, a permit or activity based fee structure is calculated and imposed to recover their pro -rata portion of those costs. 3. Increase the current long term covered parking area by converting the short term lot to covered parking and establish the parking fees to recognize the added value of the covered parking. Ultimately, all of the parking spaces adjacent to the terminal will be covered commanding a higher rate and improving customer service with the only lower cost parking being the furthest from the terminal, thus incentivizing customers to utilize the higher revenue parking spaces. Also, a review of the hourly parking rates needs to be performed with consideration of front end loading parking fees to increase the revenue form the shorter term parking while not pricing the long term parking non - competitively. Although there will be a capital investment required, this will allow the airport to take a significantly underutilized asset and convert it to premium parking. In addition, it is recommended that the airport develop a premium "preferred customer parking program" that would sell corporate passes for the right to use the close in covered stalls for unlimited parking on a monthly basis. With CRP served primarily as a business travel market, there should potentially be a broad base of potential clients that this program can be offered to which would result in improved customer service perceptions and increased revenue. 4. Develop available airport land. Although most of the land would be used for functions that would not drive revenue other than land rent, aggregating a critical mass on the airport property will give the city the ability to develop hotel and food venues on site which will generate percentage rent in addition to the land rent. Since the airport is not close to quality hotels and /or eating establishments, this becomes an option to make the airport more customer friendly for tenants as well as generate significant revenue from the easily accessible highway. This process has already commenced with the negotiation of a land lease for FedEx ground that is currently under way. 5. Develop a convenience store /gas station /food court venue on the airport adjacent to the highway. With the airport exposure from the highway; the convenient on and off ramp; the employee and visitor traffic associated with the airport; and the car rental returns, there should be enough critical mass to 6 develop a "C- store" immediately. This would not require any investment from the airport. The process would include issuance of an RFQ to the industry and have a third party developer take the risk on the development. Land rent and percentage rent on sales would constitute the revenue to the airport. This will be implemented in third quarter 2010. 6. Expand /convert the food and beverage concessions on the secure side of the terminal. Since the introduction of limited access to the concourse after 9/11, passengers spend most of their airport dwell time on the secure side. Currently, the food and beverage options on the concourse are insufficient. The main food and beverage concession was developed pre - security prior to 9/11 and is not utilized heavily. In fact, according to the benchmarking analysis in Exhibit A, the net revenue per passenger has dropped the last three years indicating the need to make changes. By relocating some glass partitions, the orientation of the food and beverage facility can be changed to the secure concourse, which is more accessible to the waiting passengers, thus increasing the opportunity to improve sales. It has been shown that passengers, who are the primary spenders in airport food and beverage concessions, do not return back through the checkpoint to utilize concessions once they are through security so there are sales opportunities that are not currently realized because of passenger traffic patterns. Sales at other similarly size airports have shown significant increases when the main concession is within the secure concourse. This will occur in calendar year 2010. 7. Expand the advertising program at the airport to include advertising in the holdrooms as well as placement of billboards on the highway frontage road as well as along Interstate 37 to/from San Antonio. 8. Review the opportunity to add airport- financed T- hangars for general aviation rentals. Under this program the airport would receive all rental income rather than a third party. This is currently being explored. Outlined below are expense recommendations to reduce expenses: 1 Review and implement staffing adjustment recommendations contained in Exhibit B (described below). 2. Task department heads with developing dual budgets for FY11, one that is flat and one that defines a 5% reduction in operating expenses to represent a potential projected reduction in passenger activity (excluding staffing related costs). 3. Refinance existing debt based upon call dates. There is a significant amount of debt that has an increasing interest rate of over five percent that is subject to upcoming refinancing in February and August 2011 (at 101% redemption) and February 2012 and thereafter (at 100% redemption). In that interest rates are currently at historically low levels, it is recommended that the city consider refinancing the debt as each call date is realized. It is recommended that staff develop a matrix identifying debt refinancing opportunities and costs and develop a comprehensive financing plan to restructure the debt according to assumptions on rate savings. Implement when savings are projected. 4. Reduce or eliminate the city administrative inter - governmental charges for areas where the services are more efficiently performed or are currently performed by airport services or staff. Task 3- Clarify and categorize rate covenant formula computations 7 -367- Pursuant to the master ordinance under which the general airport revenue bands were issued, the city covenanted that it would establish and at all times fix, change, impose and collect rentals, rates, fees and other charges for the use of the airport, such that in each fiscal year the net revenues will be at least sufficient to equal the greater of a) aft amounts required to be deposited to the credit of the debt service, debt service reserve, operating reserve and subordinated debt funds, or b) an amount not less that 1.25 times the annual debt service requirements for the bonds for such fiscal year. This rate covenant has met and exceeded the second prong of the test above in each fiscal year since issuance of the bonds (in 2000) except fiscal year 2009. In fiscal year 2009, the rate covenant test resulted in a ratio of 1.09 times annual debt service requirements for the bonds, which was the greater of the two standards. In computing the rate covenant test, the operating expenses are subtracted from gross revenues (operating revenues and non- operating revenues). The resulting net revenues are available for debt service and measured against current debt service and average annual debt service to determine if the coverage ratio of 125% of annual debt service requirements is met. See Exhibit C in fiscal year 2009, operating revenues decreased substantially (approximately 13 %) due to reduced passenger activity and decreased non - airline revenues at CRP. This trend was mirrored at airports throughout the country due to the economic recession and the airline industry cutback in capacity. Even though CRP passenger traffic was down less than many of its peer airports, each airport saw a disproportional decrease in customer spending (e.g., concessions, parking, etc.) that exceeded the decrease in enplanement activity. Thus, operating revenues were negatively impacted by both reduced passenger traffic, and for those passengers still traveling, their spending at the airport was significantly reduced. At CRP, greater than 30% of the operating revenues come directly from airline rates and charges with the remainder generated as non - airline revenues. importantly, due to the current airline lease agreement, the landing fees paid by the airlines is a cost recovery formula and the terminal rentals paid by the airlines are fixed; therefore, the airline terminal rental payments applied to operating revenue do not fluctuate with service, but the increase or decrease in activity does impact the non - airline revenues generated by the passenger traffic. As economic recovery grows, both passenger traffic and customer spending should increase. In addition to the traditional marketing and air service development activities, the airport senior management is enhancing its operating revenue opportunities through new and modified non - airline diversified contracts that seek to increase earnings beyond the traditional airline passenger traffic modes (Le., concessions, parking, etc) as discussed in the section above. Contrary to rate covenant projections in the 2000 bonds' official statement, beginning in fiscal year 2002, operating expenses have substantially surpassed estimates that they would not exceed $5MM annually through fiscal year 2006, thus accounting for all of the unanticipated operating and maintenance costs associated with the new terminal. The operating expenses have averaged $6.74MM over the past seven fiscal years. A significant portion of the manageable operating expenses appear in personnel (Le., 8 -368- wages, benefits, training, etc.) and intergovernmental charges to the city for services. The current airport senior management has begun reducing these costs (estimated $6.6MM) in fiscal year 2010 and it is anticipated that the operating expenses should and will be further reduced in fiscal year 2011. Non - operating revenue consists principally of airline collected passenger facility charges (currently assessed at the maximum level of $4.50 per enplanement) and investment income, which is determined by the city. While the amount of passenger facility charges received is directly attributable to commercial airline passenger activity, all investment income is based on decisions made outside the airport staff scope. It is essential that such funds are not co- mingled with other city funds, that the qualified investments are conservative and reasonable and that the actual revenue earned is directly credited to the airport in order to avoid a revenue diversion claim by the FAA. In short, the airline requirement in operating revenue is fixed, while the traditional non - airline revenues and passenger facility charges will vary with commercial airline enplanement activity and the economy. Increasing operating revenues through a broadened non - airline revenue base and decreasing operating expenses through effective cost management practices would preserve an acceptable rate covenant ratio greater than 125% of debt service requirements. In fiscal year 2010, airport senior management appears to be an course for net revenue amounts that exceed the rate covenant requirements. See Exhibit C. Planning for fiscal year 2011, airport senior management is addressing non - airline revenue generation and further operating expense reductions that should provide a foundation to avoid future rate covenant ratio issues and to seek a coverage ratio nearing 150% as airline activity rebounds to pre - economic recession activity levels. Task 4- Analyze and recommend opportunities for revenue enhancement, expense reductions, budget benchmarkinq, and rate covenant controls and corrective actions for airport go-forward planning. When airports are part of a city or county government structure, there is typically less flexibility to reduce positions or outsource city jobs because of union contracts or city policies. Major targets for outsourcing are usually parking management, engineering services, janitorial, and maintenance services. Because these tasks usually represent a disproportionate number of employees, if they are employees rather than contract services, then that factor has a significant impact on the number of employees reported at any airport. For U.S. airports the size of Corpus Christi, the range of direct employees typically ranges from 20 to 100 depending on the level of outsourcing. CRP is definitely at the high end of that range, which drives a higher fixed cost structure and a higher benefit cost structure since benefit packages for governmental agencies typically exceed those for contract services. As additional facilities are developed or taken under management by the airport, it is recommended that the services provided by the current employee base and/or contractors be broadened to absorb service for the ancillary facilities with little /no additional staff with the overhead spread throughout a broader base. An example is having airport staff /contractors maintain the QTA with no additional staff and transfer that commensurate overhead to that cost center paid for with CFC's and reduce the expense from the direct terminal cost center. 9 -369- One of he most difficult issues to deal with during economic stress is that of employees and the difficult task of adjusting staffing levels to meet the new normal. Included in this report are a number of specific opportunities that are recommended for implementation with regard to staffing and outsourcing. Exhibit B is a proposed plan for reducing direct employee staff or transferring staff costs to projects to best utilize resources. By transferring project related services directly to the projects rather than maintain those resources in the operating budget, the airport will be in a position to either support the cost of those specialized services with projects and fund them through the projects and/or eliminate them when there are no longer projects to support. Task 5- Preliminary findings and recommendations The need to improve the quality of the management reporting process is a key component to ensuring that management has good and timely information to respond and make informed decisions. There is plenty of information available currently, it but is voluminous and disjointed. Much of the reporting has evolved through the years through a number of airport administrations. A new approach needs to be taken with the tracking and reporting streamlined and consolidated so that management can track the interrelatedness of activity with results. Merely looking at historical patterns will not allow management the ability to react to changes in a real time mode. Due to deteriorating economic conditions impacting air travel and certain passenger based customer spending, CRP has seen a recent decrease in airport passenger traffic, which is not expected to change significantly in the short term with the reduced airline capacity industry wide. The commensurate reductions have resulted in decreased gross operating revenues including a reduction in traditional non - airline revenues such as concessions and parking as well as decreased passenger facility charges. All are essential components in determining the rate covenant ratio. In 2009, Airport senior staff negotiated and executed a five -year use and lease agreement with all three commercial carriers, namely American, Continental and Southwest, that establishes fixed airline terminal rates and charges over the time period and commits the airlines to the square footage identified in their respective leases through the full lease term. Regardless of changes in service levels, the airlines are required to pay rental charges and fees equivalent to the budgeted pre - determined airport requirement. Airport senior staff has initiated a number of non - airline revenue producing projects to increase the non - traditional non - airline revenues at CRP. A signed letter of intent has recently been received form FedEx Ground to develop a distribution facility on the airport. In addition, discussions are actively occurring with the Coast Guard and others for additional development on airport property. Airport staff will also be soliciting interest in the development of landside property for a convenience store offering automobile gas and nationally recognized fast food vendors to support the tenants and car rental operations on the airport. Additional specific recommendations for increasing revenue are included above. Regarding operating expenses, there are two main drivers of cost that airport senior management should continue to address. First, with the decrease in gross operating revenues due to the economic recession, airport staffing levels should commensurately 10 -370- adjusted to better reflect the size of operation as identified in Exhibit B or outsourcing alternatives researched and implemented where the cost/benefit is supported. Second, with the reduction in operating expenses at the airport, there should be similar reductions in inter - governmental charges as there are both redundancies and lower utilization levels than are currently reflected in the required budget and in accordance with the analysis recommended in this report. With significant right sizing in personnel expenses, aggressively pursuing outsourcing alternatives, and adjustments in inter- governmental charges, the airport senior staff can adjust its costs to be in line with similar sized competitive airports and better support the activity level for CRP. Another key component of the overall expense structure that affects both the expense and bond coverage requirement is the overall airport debt. The city and airport management should complete the analysis recommended in this report and develop a strategy to reduce overall debt; thus, lowering the coverage requirement because of decreased debt. The unencumbered cash can then be used to invest in infrastructure requirements such as the covered parking infrastructure, T- hangars, revenue producing billboards, and additional general aviation facilities. While the airport has minimal control over some aspects of the rate covenant ratio components, in the areas where senior management can impact the rate, it has initiated corrective actions and will continue to pursue all feasible alternatives. in 2011 and beyond, through incorporation of these adjustments impacting net revenues available for debt service, the rate covenant ratio should not decrease below 125% of debt service requirements and should set a new goal of meeting a level approachingl 50% on a going forward basis. 11 -371- CO r 0 CO N 0 0 O !+1 § N Ff CO R CO h R CO tCl r r ED O M M R M M 1. 1D r N CO N h N Cl CO O@ R M r CD N D7 h 6, 1. co Q C] 402.0616- C O� c•f t+� GT ��yy a Tm 40 N co NN01 M rN000 r41 RN et r. 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CO k ..- -- N •3- k 3- k k k ^ (0 _ _ CO CO 0 0 0 0 ` 0 0 0 o 0 o/ CO E k 0 0 0 2 f 2 in- ,E, f CO CO c LO 10 Co _ - iM Operating Revenues Operating Expenses Combined Net Operating Income Combined non - Operating Revenue Net Revenue Available for Debt Service -374- *Oper Rev, Oper Exp and Non -Oper Rev updates; June rough projections (not official) 0 as \ % _ m k k�k k k \ — Q 1 1.25 Current debt service / \ 47 / CHR ,3 r�r�taa .:.1,1_ AIRPORT • BACKGROUND o 125% cash coverage for outstanding bonds ❑ 2009 test resulted in 109 %; The Airport met all required debt service obligation ❑ Required to develop plan to increase revenue and /or reduce expenses to achieve o Continued reduction in activity and the associated revenue drop significantly impacted revenue stream ❑ Declining non - airline revenue had a negative effect -375- 11/8/2010 1 PRIMARY REVENUE SOURCES ❑ Airline Use and Lease Agreement ❑ Fixed Base Operator (FBO) contracts ❑ Public parking ❑ Food and beverage concessions ❑ Rental cars ❑ Non- airline development Ili RECOMMENDATIONS ❑ Improved reporting and financial monitoring ❑ Aggressively pursue non- airline revenue opportunities ❑ Manage expenses and benchmark to activity levels -376- 11/8/2010 2 REPORTING & FINANCIAL MONITORING ■■r ❑ Track historical patterns and establish benchmarks on all revenue and expense categories ❑ Track activity against benchmarks and provide variance reports ❑ Initiate real time adjustments when variances are becoming trends AGGRESSIVELY PURSUE NON- AIRLINE REVENUE OPPORTUNITIES • ❑ Implement new FBO "owned and managed" concept for west side FBO ❑ Increase revenue and decrease operating expenses of public parking ❑ Develop available land a FedEx Ground D Convenience store D Coast Guard a DEA a T hangars a Enhance food and beverage program a Other —377— 11/8/2010 3 11/8/2010 IMO MANAGE EXPENSES AND BENCHMARK TO ACTIVITY LEVELS ❑ Adjust staffing levels to meet demand © Develop contingency budget adjustment alternatives to react to market conditions ❑ Refinance debt if market conditions support ❑ Balance and adjust mix of City administrative services and charges with airport direct services offered CONCLUSIONS ❑ FY2009 year end results in compliance © FY2010 targets projected to exceed 1 25% requirement ❑ Recommendations actively being implemented IMPLEMENTATION & MONITORING ❑ Reporting & Pinancia# Monitoring a Revised monthly financial report to include monthly debt ratio coverage CI Monitor Passenger Facility Charges revenue and project annual receipt levels a Recommend mid -year adjustment of expenditures to align with revenue received to date ❑ Business Development Opportunities o FedEx Ground Lease approved by City Council on October 12, 2010 to Continued discussion with Coast Guard, DEA, T- Hangar and Third -party Developers a Prepared Request For Proposals (RFP) for Parking Lot Operations RFP should be issued by January, 2011 } FBO New Business Model ❑ Benchmarking of Activity a Continue to work with Trillion Aviation in setting up relevant benchmarking measures a Continue monthly Airport Board briefings on financial status of Airport to include debt coverage ratio -379- 11/8/2010 5 r RESOLUTION NO. A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS ACCEPTING THE REPORT OF TRILLION AVIATION CONCERNING THE OPERATION OF THE CITY'S AIRPORT; AUTHORIZING THE CITY SECRETARY TO ACCEPT AND FILE SUCH REPORT; AUTHORIZING MATTERS INCIDENT AND RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council (the Governing Body) of the City of Corpus Christi, Texas (the City) has previously issued the "City of Corpus Christi, Texas General Airport Revenue Bonds, Series 2000A (Exempt Facility Bonds)" (the Series A Obligations) and the "City of Corpus Christi, Texas General Airport System Revenue Bonds, Series 2000B" (the Series B Obligations and, together with the Series A Obligations, the Obligations); and WHEREAS, the City's ordinance establishing the program pursuant to which each series of Obligations was authorized, adopted by the Issuer's City Council on. August 22, 2000 (the Master Ordinance), requires the Issuer to at alI times fix, charge, impose and collect rentals, rates, fees and other charges for the use of the City's Airport (the Airport) in such amounts to satisfy revenue to expense coverage ratios specified in the Master Ordinance; and WHEREAS, the Master Ordinance continues by stating that if these coverage ratios in any fiscal year of the City fall below the specified levels, the City shall, within a specified time (with which the City has heretofore complied) request that an airport consultant make its recommendations, if any, as to a revision of the City's Airport rental's, rates, fees and other charges, operating expenses, or the method of operation of the Airport in order to satisfy as quickly as practicable the aforementioned coverage covenants; and WHEREAS, the recommendations of the airport consultant are to be filed with the City Secretary; and WHEREAS, on August 27, 2010, Trillion Aviation, consultants to the City's Airport (the Airport Consultants), delivered to the City its report concerning the Airport's operation (attached hereto as Appendix 1, the Report), which Report was commissioned and delivered in accordance with, and as required by the provisions of, the Master Ordinance; and WHEREAS, after review of the Report, City staff has recommended its acceptance by the Governing Body, the •filing of the same with the City Secretary, and, to the extent practicable, the implementation of the recommendations therein within a reasonable timeframe, all as specified in the Master Ordinance; now, therefore, 13E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1: The Governing Body hereby accepts the Report, directs the City Secretary to accept and file the same in the official records of the City, and, to the extent permitted by applicable law and subject to compliance with all other legal prerequisites (including, but not limited to, further approval by this Governing Body prior to the execution of any contracts obligating the City to 90235640.1 -380- undertake any action or accept any financial or other liability), City staff is hereby directed to commence implementation of the recommendations made within the Report within a reasonable timeframe. SECTION 2: City staff is hereby authorized to take all action necessary or incidental to the implementation of this Resolution, as well as the filing of alI notices (including material event notices) as required or that are desirable with respect to the same. Any action heretofore taken on behalf of the City in furtherance or in relation to the subject of this Resolution are hereby ratified and approved as the act and deed of the Governing body. SECTION 3: The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the Governing Body. SECTION 4: All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. SECTION 5: This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 6: If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the Governing Body hereby declares that this Resolution would have been enacted without such invalid provision. SECTION 7: It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 8: This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 90235640i ] [The remainder of this page intentionally left blank.] PASSED, ADOPTED AND APPROVED on this the 16th day of November, 2010. CITY OF CORPUS CHRISTI, TEXAS Mayor ATTEST: City Secretary (CITY SEAL) APPROVED THIS 16th DAY OF NOVEMBER, 2010: 41/2--1 y� �5-��th fi CI k v-i e y -Fe C,�t1j ✓frly 90235640.1 -3- -382— THE STATE OF TEXAS )( COUNTY OF NUECES )( I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a Resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 16th day of November, 2010, relating to establishing the City's acceptance of the report of Trillion Aviation concerning the operation of the City's airport, which Resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Government Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 16th day of November, 2010. City Secretary (CITY SEAL) 90235640.1 -4- -383- APPENDIX 1 The Report 90235640.1 Appendix 1 -1 -384- sit zit trillion A V I A T I O N Bond Covenant Compliance Report To: Fred Segundo, Director of Aviation Enrique Castillo, Assistant Director of Aviation From: John DeCoster and Dan Benzon, Trillion Aviation Date: August 27, 2010 Re: Bond Covenant Compliance Report Background The following report represents an analysis of the current and projected financial condition of the Corpus Christi International Airport (CRP). The analysis was commissioned as a result of insufficient airport fund net revenues to cover the one hundred twenty five percent (125 %) debt service coverage requirement for the outstanding general airport revenue bonds as is required under the terms of the bond ordinance covenants. There are two series of bonds that are impacted by the coverage requirement. This analysis will primarily focus on the revenue and expense elements of the airport operation to review the trends that have formed over the past few years and to develop an action plan for stabilizing the financial performance of CRP to help ensure its future financial self sufficiency. This report assesses each major category of airport revenues and expenses and recommends opportunities to improve financial performance through increasing revenues and decreasing expenses to provide sufficient available cash to an amount reasonably in excess of the minimum 125% coverage requirement. This report further recommends that certain management reporting tools are implemented in order to provide real time management to assess financial performance. Since many of the contractual arrangements in CRP are existing agreements and have business terms that span over a number of years, the ability to impact the revenue stream in any single year is limited, except in a few unique situations. The following are the significant contracts that impact the revenue stream: 1. Airline Use and Lease Agreement- Executed in 2009 for a 5 -year term expiring in July 2014. Rents are pre -set at fixed rates with a slight increase each year. Landing fees are based on a full cost recovery methodology for the costs associated with the airfield. Any increased non - airline revenue or reduced expenses will result in a direct benefit to the overall financial performance of the airport based on the rate making methodologies in place. 2. Atlantic Aviation, Fixed Base Operator (FBO) - Atlantic is one of two FBO's on the Airport and its current lease extension expires October 2010. Negotiations ceased due to the unwillingness of Atlantic to accept the new business terms that increase revenue and management control associated with the FBO and the airport is in the process of implementing a new business model to significantly increase the potential return to the airport. Triav, LLC • 4301 W. William Cannon 17r. • Suite B -150, #293 • Austin, Texas 78749 • www.trillionay.com • 763 234 -1725 -385- 3. Signature Flight Support (FBO) - Signature is the other FBO at the Airport and its lease does not expire until October 2012. Signature's current business terms are substantially the same as Atlantic's and it is anticipated that similar business terms to what has been introduced for the expiring Atlantic lease will be implemented when the current Signature agreement expires. 4. Public Parking- The airport- controlled public parking lot is currently operated with city employees with all revenues being collected by the airport. Management is currently reviewing third party contracting staffing alternatives that would provide more flexibility and increase the margin on the operation. A decision and implementation is expected in the second half of calendar year 2010. 5. Food and Beverage Concession- The current contract does not expire until 2015. The primary location is in the non - secure portion of the terminal and alternatives are being reviewed to increase sales resulting in increased commissions to the Airport. Revenues have been decreasing and alternatives to reverse that trend have been developed and will be implemented in calendar year 2010. 6. Rental Cars- The current rental car agreement expires in 2014 and provides for a Minimum Annual Guarantee (MAG) or a concession fee based on sales, whichever is greater. Most of the car rental concessionaires are paying their concession fee based on the MAG as passenger activity has declined with the recent economic downturn. The Airport has also implemented a Customer Facility Charge (CFC) to fund the proposed improvements in the Car Rental Quick Turn Around (QTA) facility that is currently in design. It will be important to monitor and modify the CPC upon adoption of the comprehensive project design and budget in order to have sufficient revenues to fully support the construction, maintenance, and repair /replacement fund for the facility. All recommendations in this report are made without a specific dollar or percentage target in mind; rather the goal of this exercise is to identify the broadest array of opportunities to increase revenue with measured risk and to reduce expenses without lowering service standards to achieve the airport's goals and objectives. By balancing these components, the result should significantly reduce the risk on the operating budget and provide increased financial stability for airport senior management to have available funds for discretionary spending and additional non - airline revenue generating development. Short and long term financial self sufficiency of the airport is imperative. One significant way to achieve that independence is to diversify the non- airline revenue sources with a goal to have airline rates and charges account for no more than twenty five percent (25 %) of the airport's overall revenue stream. Reducing reliance on the airline revenue is beneficial in that additional discretionary non - airline revenue allows the airport to: 1) reduce the financial strain from any one segment of the business; 2) keep the airline rates and charges low, thus increasing the attractiveness of the airport to maintaining and attracting commercial and general aviation service; and 3) insulate the financial stability of the Airport from reductions in scheduled service so as not to pose as much of a short term financial threat as it relates to passenger activity based revenues (i.e., parking, car rentals, food and beverage concessions, FBO's). 2 -386- Outlined below are the agreed to tasks associated with this Bond Covenant Compliance Report. Task 1- Review and assess airport revenues and expenses includable in the rate covenant calculation for FY2009 (and FY2007 and FY2008) For FY2009, a summary of the YTD "variances" in revenues and expenses of actual to budget includes: Au • ust Se •tember October November December Januar Februa March Aril - 27,329 42,013 - 44,100 32 17,916 - 17,419 - 24,397 13,231 63,954 -45,054 272,779 - 17,710 -77,269 63,578 95,229 - 12,098 127,841 49,343 7,283 115,285 MinT The variance report for FY2009 indicates that revenues for the year tracked slightly lower than budgeted and the expenses tracked ahead of budget. The net year to date difference between revenues and expenses is approximately $600,000 favorable. However, since the budget is estimated as a straight line over 12 months, additional in depth analysis needs to be performed for the last 2 months of the fiscal year to ensure there are not unidentified extraordinary expenses pending. While this appears to be an overall positive result, there are timing deficiencies in the reporting and tracking system that need to be addressed in order to provide more "real time" responsiveness to budget performance due to the potential wide swings on a monthly basis actual to a straight line budget. It is recommended that revenues and expenses are analyzed on a month to month basis over the past three year period to determine monthly spending and revenue patterns and correlate that to a corresponding activity level. The FY2011 budget needs to be re- stated and projected on a monthly basis so that the monthly variance reports are managed against meaningful data. The monthly variance reports should also incorporate an "action" section so when the variance is more than 10% or a minimum of $1,000, whichever is greater, there is a detailed explanation regarding the variance. For expenses exceeding the monthly budget, a corrective action statement for implementation by the respective department manager needs to be identified and implemented immediately. With the current straight line allocation of expenses over the twelve months, there is no ability for management to determine if there is a budget problem or a cyclical issue until later into the budget year when there is less time to implement corrective actions. A similar process needs to be incorporated for revenues where revenues are falling short of budgeted levels. In addition to making the managing and reporting on the budget throughout the year a requirement, it is recommended that financial performance should be considered a significant criterion in the annual performance review for department heads. If allowable 3 -387- under city policy, it might be worthwhile to consider an employee incentive program for ideas that are presented by employees that can have an impact on financial performance. Attached, as Exhibit A, is a comparison of the expenditures and revenues for FY2007, FY2008, and FY2009. Expenditures have a certain degree of variability based on activity. Knowing that variability should allow management the ability to adjust services during down times, to save money or to cross utilize resources, little things like changing the frequency of rest room janitorial services because of airline schedule changes can have a savings impact without compromising customer service. Identifying and implementing activity based service modifications should be a task immediately assigned to all department heads for development and available for implementation. This Exhibit A also benchmarks the passenger related revenues against the actual activity for each year in order to determine a benchmark revenue unit per passenger. This is an important management tool in that a significant portion of the gross revenues will be passenger activity driven (e.g., concession, parking, PFC's, etc), thus forecasting based upon activity projections instead of historical information should give more accurate guidance in the development of the gross revenue budgets. In addition, this will allow management to follow trends and to determine the impact of relevant variables (e.g., changes in pricing, utilization trends, etc.) and the impact they have on airport revenue. Once again, this also serves as a signal to address negative trends and determine corrective action. On the operating expense side, benchmarking will give management a valuable tool to constantly monitor the expenses versus the passenger activity. One of the most difficult challenges is managing expenses and implementing corrective actions on expenses as it gets further into the fiscal year. Usually the amount that needs to be reduced to bring expenses in line with reduced demand, when the information is not constantly monitored and accurate, is draconian and will have significant impacts on the level of customer service. The challenge is to have in place a tool to keep delayed responses from getting out of control. Benchmarking expenses against historical spending patterns on a monthly basis is an effective tool to accomplish that objective. CRP is staffed higher than many airports its size and thus CRP provides more of the support services directly with airport staff rather than relying on contracted services or the governing body (i.e., the city). While there are certainly services provided by the city for which the city needs reimbursement as part of the city governance structure that are not otherwise performed directly by airport staff, the charge backs have grown recently in addition to the airport directly performing some of the same services. An in depth internal analysis needs to be conducted in order to determine the cost/benefit of the charge back levels. Where there is duplication of services between the airport and the city, a determination needs to be made on the most effective means of providing the service to the airport. Once established, either the airport staffing or city support needs to be adjusted accordingly and the commensurate financial adjustments made. A goal of this analysis is to identify targets for increasing revenue and reducing expenses to maximize net revenues for debt service coverage purposes. A key element included in the task is the identification of management processes that will enhance the ability to effectively track and report the revenues and expenses. In looking at the 4 -388- historical trends and reviewing the multi -year benchmarking of key revenue and expense line items, the following recommendations are being made with regard to reporting, expenses, and revenues: 1. Implement the specific airport and city budget adjustments identified in this report. In addition to the budget targets, develop a benchmark goal for each revenue and expense line item by month based upon historical patterns as identified in Exhibit A against projected activity and have department heads monitor, report, and adjust the operation to meet the financial budget objective and the benchmarking metric. 2. For non - airline revenue streams, have department heads develop a revenue generation plan and projection to generate the maximum revenue possible on an annual basis based on projected activity. 3. Incorporate financial management as a significant criterion in the annual performance evaluation process for department managers. 4. Perform an audit/reconciliation of city services that are charged back to the airport and assess the level of chargeback and/or direct employee staffing. Make a recommendation to adjust or eliminate identified duplications. Task 2- Determine additional considerations of revenue and expense components for calculation Airport economics have grown beyond the philosophy of revenues representing merely terminal rents, landing fees, parking, car rentals, and fuel /land rent from FBO's as the predominant income streams. Airports have become economic engines for their communities and have to be managed as a business enterprise. Financially self sufficient airports have turned the overall airport complex and experience into a regional revenue generating asset. Maximizing the value of the full asset base of the airport includes developing available land; increasing general aviation activity; providing customer amenities that support the airport tenants and visitors; and promoting development of non - aviation activities on the airport. This approach includes airports taking additional risk by broadening their income streams so that all users of the airport complex participate in a "pay for what you use" approach toward the investment that the airport maintains. Outlined below are recommended innovative approaches for increasing non - airline income opportunities for the Airport: 1. Increase revenues from the FBO operations. Typically FBO's are multi - million dollar businesses that return about $100,000 or less annually to an airport. Land rent and fuel flowage fees for fuel sold are the primary sources of those revenues. In the past, commercial airlines purchased fuel from the FBO which made the fuel concession fee a steady revenue stream due to the volume of fuel purchased by the airlines. Since oil skyrocketed a few years ago, airlines have fundamentally changed their approach to providing fuel in spoke cities, and now they purchase the fuel under their volume purchase agreements and supply it to the FBO for storage. Rather than "selling" fuel now, the FBO's are merely storing and dispensing the fuel for an "in to plane" fee. Since the labor, storage, and trucking are the only components and they are not considered eligible for a concession fee to the airport in the current FBO contract, the commercial service fuel sales revenue to the airport has effectively been 5 —389— eliminated. An initiative is underway to change that aspect of the business with a new FBO economic model, management structure, and resulting business terms which will be implemented by January 2011. This model separates the traditional long term FBO leases associated with facility development from the operational performance of an FBO under a short term arrangement so that the airport can adjust the business model as the industry changes and maximize the revenue to the airport from the FBO. 2. Taxis, courtesy shuttles, and limousines utilize the roadway infrastructure of the airport and are supported by airport police. The fees charged to those users need to be commensurate with the investment the airport has made in constructing, maintaining, managing, and refurbishing those assets. In many airports, a permit or activity based fee structure is calculated and imposed to recover their pro -rata portion of those costs. 3. Increase the current long term covered parking area by converting the short term lot to covered parking and establish the parking fees to recognize the added value of the covered parking. Ultimately, all of the parking spaces adjacent to the terminal will be covered commanding a higher rate and improving customer service with the only lower cost parking being the furthest from the terminal, thus incentivizing customers to utilize the higher revenue parking spaces. Also, a review of the hourly parking rates needs to be performed with consideration of front end loading parking fees to increase the revenue from the shorter term parking while not pricing the long term parking non - competitively. Although there will be a capital investment required, this will allow the airport to take a significantly underutilized asset and convert it to premium parking. In addition, it is recommended that the airport develop a premium "preferred customer parking program" that would sell corporate passes for the right to use the close in covered stalls for unlimited parking on a monthly basis. With CRP served primarily as a business travel market, there should potentially be a broad base of potential clients that this program can be offered to which would result in improved customer service perceptions and increased revenue. 4. Develop available airport land. Although most of the land would be used for functions that would not drive revenue other than land rent, aggregating a critical mass on the airport property will give the city the ability to develop hotel and food venues on site which would generate percentage rent in addition to the land rent. Since the airport is not close to quality hotels and/or eating establishments, this becomes an option to make the airport more customer friendly for tenants as well as generate significant revenue from the easily accessible highway. This process has already commenced with the negotiation of a land lease for FedEx Ground that is currently under way. The airport is in the process of creating lease templates that would be readily available to submit to potential developers and accelerate the responsiveness that is essential to compete in the development market. . 5. Develop a convenience store /gas station /food court venue on the airport adjacent to the highway. With the airport exposure from the highway; the convenient on and off ramp; the employee and visitor traffic associated with the airport; and the car rental returns, there should be enough critical mass to develop a "C- store" immediately. This would not require any investment from the airport. The process would include issuance of an RFQ to the industry and have a third party developer take the risk on the development. Land rent and 6 -390- percentage rent on sales would constitute the revenue to the airport. This will be implemented in the second half of calendar year 2010. 6. Continue discussions with DEA for the development of a facility on airport property. A site has been identified and a land lease is being prepared. 7. Pursue a sublease of the vacated DHL facility. DHL ceased operations in the United States and vacated all the existing facilities. To stabilize the revenue and utilization on the facility, a sublease opportunity is under pursuit. 8. Expand /convert the food and beverage concessions on the secure side of the terminal. Since the introduction of limited access to the concourse after 9/11, passengers spend most of their airport dwell time on the secure side. Currently, the food and beverage options on the concourse are insufficient and an increased revenue opportunity is currently missed. The main food and beverage concession was developed pre - security prior to 9/11 and is not utilized heavily. In fact, according to the benchmarking analysis in Exhibit A, the net revenue per passenger has dropped the last three years indicating the need to make changes. By relocating some glass partitions, the orientation of the food and beverage facility can be changed to the secure concourse, which is more accessible to the waiting passengers, thus increasing the opportunity to improve sales. it has been shown that passengers, who are the primary spenders in airport food and beverage concessions, do not return back through the checkpoint to utilize concessions once they are through security so there are sales opportunities that are not currently realized because of passenger traffic patterns. Sales at other similarly size airports have shown significant increases when the main concession is within the secure concourse. This will occur in calendar year 2010. 9. Expand the advertising program at the airport to include advertising in the holdrooms as well as placement of billboards on the highway frontage road as well as along Interstate 37 to /from San Antonio, 10. Review the opportunity to add airport- financed T- hangars for general aviation rentals. Under this program the airport would receive all rental income rather than a third party. This is currently being explored. Outlined below are expense recommendations to reduce expenses: 1. Review and implement staffing adjustment plan recommendations. 2. Task department heads with developing dual budgets for FY11, one that is flat and one that defines a 5% reduction in operating expenses to represent a potential projected reduction in passenger activity (excluding staffing related costs). 3. Refinance existing debt based upon call dates. There is a significant amount of debt that has an increasing interest rate of over five percent that is subject to upcoming refinancing in February and August 2011 (at 101% redemption) and February 2012 and thereafter (at 100% redemption). Since interest rates are currently at historically low levels, it is recommended that the city consider refinancing the debt as each call date is realized. It is recommended that staff develop a matrix identifying debt refinancing opportunities and costs and develop a comprehensive financing plan to restructure the debt according to assumptions on rate savings. implement when savings are projected. 4. Adjust city administrative inter - governmental charges for areas where the services are more efficiently performed or are currently performed by airport services or staff. 7 -391- Task 3- Clarify and categorize rate covenant formula computations Pursuant to the master ordinance under which the general airport revenue bonds were issued, the city covenanted that it would establish and at all times fix, change, impose and collect rentals, rates, fees and other charges for the use of the airport, such that in each fiscal year the net revenues will be at least sufficient to equal the greater of a) all amounts required to be deposited to the credit of the debt service, debt service reserve, operating reserve and subordinated debt funds, or b) an amount not less that 1.25 times the annual debt service requirements for the bonds for such fiscal year. This rate covenant has met and exceeded the second prong of the test above in each fiscal year since issuance of the bonds (in 2000) except fiscal year 2009. In fiscal year 2009, the rate covenant test resulted in a ratio of 1.09 times annual debt service requirements for the bonds, which was the greater of the two standards. In computing the rate covenant test, the operating expenses are subtracted from gross revenues (operating revenues and non- operating revenues). The resulting net revenues are available for debt service and measured against current debt service and average annual debt service to determine if the coverage ratio of 125% of annual debt service requirements is met. See Exhibit B. In fiscal year 2009, operating revenues decreased substantially (approximately 13 %) due to reduced passenger activity and decreased non - airline revenues at CRP. This trend was mirrored at airports throughout the country due to the economic recession and the airline industry cutback in capacity. Even though CRP passenger traffic was down less than many of its peer airports, each airport saw a disproportional decrease in customer spending (e.g., concessions, parking, etc.) that exceeded the decrease in enplanement activity. Thus, operating revenues were negatively impacted by both reduced passenger traffic, and for those passengers still traveling, their spending at the airport was significantly reduced. At CRP, greater than 30% of the operating revenues come directly from airline rates and charges with the remainder generated as non - airline revenues. Importantly, due to the current airline lease agreement, the landing fees paid by the airlines is a cost recovery formula and the terminal rentals paid by the airlines are fixed; therefore, the airline terminal rental payments applied to operating revenue do not fluctuate with service, but the increase or decrease in activity does impact the non - airline revenues generated by the passenger traffic. As economic recovery grows, both passenger traffic and customer spending should increase. In addition to the traditional marketing and air service development activities, the airport senior management is enhancing its operating revenue opportunities through new and modified non- airline revenue generating contracts that seek to increase earnings beyond the traditional airline passenger traffic modes (i.e., concessions, parking, etc) as discussed in the section above. Contrary to rate covenant projections in the 2000 bonds' official statement, beginning in fiscal year 2002, operating expenses have substantially surpassed estimates that they would not exceed $5MM annually through fiscal year 2006, thus accounting for all of the unanticipated operating and maintenance costs associated with the new terminal. The 8 -392- operating expenses have averaged $6.74MM over the past seven fiscal years. A significant portion of the manageable operating expenses appear in personnel (Le., wages, benefits, training, etc.) and intergovernmental charges to the city for services. The current airport senior management has begun reducing these costs (estimated $6.6MM) in fiscal year 2010 and it is anticipated that the operating expenses should and will be further reduced in fiscal year 2011. Non- operating revenue consists principally of airline collected passenger facility charges (currently assessed at the maximum level of $4.50 per enplanement) and investment income, which is determined by the city. While the amount of passenger facility charges received is directly attributable to commercial airline passenger activity, all investment income is based on decisions made outside the airport staff scope. It is essential that such funds are not co- mingled with other city funds, that the qualified investments are conservative and reasonable and that the actual revenue earned is directly credited to the appropriate cost center at the airport. In short, the airline requirement in operating revenue is fixed, while the traditional non - airline revenues and passenger facility charges will vary with commercial airline enplanement activity and the economy. Increasing operating revenues through a broadened non - airline revenue base and decreasing operating expenses through effective cost management practices would preserve an acceptable rate covenant ratio greater than 125% of debt service requirements. In fiscal year 2010, airport senior management appears to be on course for net revenue amounts that exceed the rate covenant requirements. See Exhibit B. Planning for fiscal year 2011, airport senior management is addressing non- airline revenue generation and further operating expense reductions that should provide a foundation to avoid future rate covenant ratio issues and to seek a coverage ratio nearing 150% as airline activity rebounds to pre - economic recession activity levels. Task 4- Analyze and recommend opportunities for revenue enhancement, expense reductions, budget benchmarking, and rate covenant controls and corrective actions for airport go-forward planning. When airports are part of a city or county government structure, there is typically less flexibility to reduce positions or outsource city jobs because of union contracts or city policies. Major targets for outsourcing are usually parking management, engineering services, janitorial, and maintenance services. Because these tasks usually represent a disproportionate number of employees, if they are employees rather than contract services, then that factor has a significant impact on the number of employees reported at any airport. For U.S. airports the size of Corpus Christi, the range of direct employees typically ranges from 20 to 100 depending on the level of outsourcing. CRP is definitely at the high end of that range, which drives a higher fixed cost structure and a higher benefit cost structure since benefit packages for governmental agencies typically exceed those for contract services. As additional facilities are developed or taken under direct management by the airport, it is recommended that the services provided by the current employee base and/or contractors should be broadened to absorb service for the ancillary facilities with little /no additional staff resulting in the overhead being spread throughout a broader base. An example is having airport staff /contractors maintain the QTA with no additional staff and 9 -393- transfer that commensurate overhead to that cost center paid for with CFC's and reduce the expense from the direct terminal cost center. One of he most difficult issues to deal with during economic stress is that of employees and the difficult task of adjusting staffing levels to meet the new normal. A number of specific opportunities are recommended for implementation with regard to staffing and outsourcing. Senior airport staff and its consultants have discussed a proposed plan for reducing direct employee staff or transferring staff costs to projects to best utilize resources. By transferring project related services directly to the projects rather than maintain those resources in the operating budget, the airport will be in a position to either support the cost of those specialized services with projects and fund them through the projects and /or eliminate them when there are no longer projects to support. Task 5- Preliminary findings and recommendations The need to improve the quality of the management reporting process is a key component to ensuring that management has good and timely information to respond and make informed decisions. There is plenty of information available currently, but it is voluminous and disjointed. Much of the reporting has evolved through the years through a number of airport administrations. A new approach needs to be taken with the tracking and reporting streamlined and consolidated so that management can track the interrelatedness of activity with results. Merely looking at historical patterns will not allow management the ability to react to changes in a real time mode. Due to deteriorating economic conditions impacting air travel and certain passenger based customer spending, CRP has experienced a decrease in airport passenger traffic, which is not expected to change significantly in the short term with the reduced airline capacity industry wide. The commensurate reductions have resulted in decreased gross operating revenues including a reduction in traditional non - airline revenues such as concessions and parking as well as decreased passenger facility charges. All are essential components in determining the rate covenant ratio. In 2009, Airport senior staff negotiated and executed a five -year use and lease agreement with all three commercial carriers, namely American, Continental and Southwest, that establishes fixed airline terminal rates and charges over the time period and commits the airlines to the square footage identified in their respective leases through the full lease term. Regardless of changes in service levels, the airlines are required to pay rental charges and fees equivalent to the budgeted pre - determined airport requirement. Airport senior staff has initiated a number of non - airline revenue producing projects to increase the non - traditional non- airline revenues at CRP. A signed letter of intent has recently been received from FedEx Ground to develop a distribution facility on the airport. In addition, discussions are actively occurring with the Coast Guard and others for additional development on airport property. Airport staff will also be soliciting interest in the development of landside property for a convenience store offering automobile gas and nationally recognized fast food vendors to support the tenants and car rental operations on the airport. Additional specific recommendations for increasing revenue are included above. 19 —394— Regarding operating expenses, there are two main drivers of cost that airport senior management should continue to address. First, with the decrease in gross operating revenues due to the economic recession, airport staffing levels should be commensurately adjusted to better reflect the size of operation or outsourcing alternatives researched and implemented where the cost/benefit is supported. Second, with the reduction in operating expenses at the airport, there should be similar reductions in inter - governmental charges as there are both redundancies and lower utilization levels than are currently reflected in the required budget and in accordance with the analysis recommended in this report. With significant right sizing in personnel expenses, aggressively pursuing outsourcing alternatives, and adjustments in inter- governmental charges, the airport senior staff can adjust its costs to be in line with similar sized competitive airports and better support the activity level for CRP. Another key component of the overall expense structure that affects both the expense and bond coverage requirement is the overall airport debt. The city and airport management should complete the analysis recommended in this report and develop a strategy to reduce overall debt; thus, lowering the annual debt service obligations. The unencumbered cash can then be used to invest in infrastructure requirements such as the covered parking infrastructure, T- hangars, revenue producing billboards, and additional general aviation facilities. While the airport has minimal control over some aspects of the rate covenant ratio components, in the areas where senior management can impact the rate, it has initiated corrective actions and will continue to pursue all feasible alternatives. 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The analysis was commissioned as a result of insufficient airport fund net revenues in fiscal year 2009 to cover the one hundred twenty five percent (125 %) debt service coverage requirement for the outstanding general airport revenue bonds as is required under the terms of the bond ordinance covenants. There are two series of bonds that are subjected to the coverage requirement. This analysis will primarily focus on the revenue and expense elements of the airport operation to review the trends that have formed over the past few years and to develop an action plan for stabilizing the financial performance of CRP to help ensure its future financial self sufficiency. Objective This report assesses each major category of airport revenues and expenses, and recommends opportunities to improve financial performance through increasing revenues and decreasing expenses to provide sufficient available cash to an amount reasonably in excess of the minimum 125% coverage requirement. In addition, this report recommends certain management reporting tools for implementation to provide real time ability to assess financial performance. Since many of the contractual arrangements in CRP are existing agreements and have business terms that span over a number of years, the ability to impact the revenue stream in any single year are limited, except in a few unique situations. Reporting A variance report for fiscal year 2010 indicates that revenues for the year tracked slightly lower than originally budgeted and the expenses tracked over budget. The net year to date difference between revenues and expenses appears to be approximately $600,000 (favorable). However, since the budget is estimated as a straight line .over twelve (12) months, additional in depth analysis needs to be performed for the last two (2) months of the fiscal year to ensure there are not unidentified, extraordinary expenses pending. While this appears to be an overall positive result, there are deficiencies in the reporting and tracking system that need to be addressed in order to provide more "real time" responsiveness to budget performance due to the potential wide swings on a monthly basis. It is recommended that revenues and expenses are analyzed on a month -to- month basis over the past three -year period to determine monthly spending and revenue patterns, and then to correlate that to a corresponding activity level. The fiscal year 2011 budget needs to be restated and projected on a monthly basis so that the monthly variance reports are managed against meaningful data. The monthly variance reports should also incorporate an "action" section so when any variance is more than 10% or a minimum of $1,000, whichever is greater, there is a detailed explanation regarding the variance. For expenses exceeding the budget, a Triav, LLC • 4301 W, William Cannon Dr. • Suite B -150, #293 • Austin, Texas 78749 • www.trillionay.com • 763 234 -1725 -398- "corrective action statement" for implementation by the respective department manager needs to be identified and implemented immediately. Staffing and Allocations CRP is staffed higher than many airports its size, and therefore, CRP provides more of the support services directly with airport staff rather than relying on its governing body (i.e., the city). While there are certain services for which the city needs reimbursement as part of the city governance structure that are not otherwise performed directly by airport staff, the charge backs have grown recently in addition to the airport directly performing the same service. An in -depth internal analysis needs to be conducted in order to determine the appropriateness of the charge back levels. Where there is duplication of services between the airport and the city, a determination needs to be made on the most effective means of providing the service to the airport. Once established, either the airport staffing or city support needs to be adjusted accordingly and the commensurate financial adjustments made. Recommendations In looking at the historical trends and reviewing the multi -year benchmarking of key revenue and expense line items, the following recommendations are made with regard to reporting, expenses, and revenues: o implement the specific airport and city budget adjustments identified in this report. In addition to the budget targets, develop a benchmark goal for each revenue and expense line item by month based upon historical patterns. o For non- airline revenue streams, have department heads develop a revenue generation plan and projection to generate the maximum revenue possible on an annual basis. o Incorporate financial management as a significant criterion in the annual performance evaluation process for department managers. o Perform an audit/reconciliation of city services that are charged back to the airport and assess the level of chargeback and/or direct employee staffing. Make a recommendation for a reduction to eliminate identified duplications and to adjust inter- governmental allocations to the airport. Outlined below are recommended innovative approaches for increasing non - airline income opportunities for the Airport: o Increase revenues from the FBO operations. o Taxis, courtesy shuttles, and limousines utilize the roadway infrastructure of the airport and are supported by airport police. The fees charged to those users need to be commensurate with the investment the airport has made in constructing, maintaining, managing, and refurbishing those assets. In many airports, a permit or activity -based fee structure is calculated and imposed to recover their pro -rata portion of those costs. o Increase the current long -term covered parking area by converting the short-term lot to covered parking and establish the parking fees to recognize the added value of the covered parking. o Develop available airport land and sublease vacated facilities. o Develop a convenience store /gas station /food court venue on the airport adjacent to the highway. 2 -399- o Expand /convert the food and beverage concessions on the secure side of the terminal. Outlined below are cost recommendations to reduce expenses: o Review and implement staffing adjustment recommendations. o Task department heads with developing dual budgets for fiscal year 2011, one that is flat and one that defines a 5% reduction in operating expenses to represent a potential projected reduction in passenger activity (excluding staffing - related costs). o Refinance existing debt based upon call dates. o Reduce or eliminate the city administrative inter - governmental charges for areas where the services are more efficiently performed or are currently performed by airport services or staff. Conclusion While the airport has minimal control over some aspects of the rate covenant ratio components, in the areas where senior management can impact . the rate, it has initiated corrective actions and will continue to pursue all feasible alternatives. In fiscal year 2011 and beyond, through incorporation of these adjustments impacting net revenues available for debt service, the rate covenant ratio should not decrease below 125% of debt service requirements and should allow airport senior staff to set a new goal of meeting a level approaching 150% on a going forward basis. 3 -400-