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Agenda Packet City Council - 06/14/2011
11111111 =INN kirsookroomalus00 • w-si4iti..2,:Veyft7 = 7—utitcer?0:,: 8 :30 A.M. - Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, June 14, 2011 at 8 :30 a.m. in the Council Chambers, 1201 Leopard Street, Corpus Christi, Texas to receive and discuss an FY 2012 Budget briefing on the following topics: 1) Proposed Budgets for Enterprise Funds, 2) City Auditor Recruiting Update /Request for Proposal (RFP) Results. 11:45 A.M. - Proclamation declaring June 14, 2011 as "Freese and Nichols Day" Proclamation declaring June 9 -19, 2011 as the "146th Anniversary of the Juneteenth Celebration, the Spirit of Emancipation Days" Proclamation declaring the month of June 2011 as "National Safety Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 14, 2011 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 limitado, habra un interpreteingles- espanol en todas las juntas del Concilio pare ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend David Saenz, Christus Spohn Health System. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tern Nelda Martinez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Mark Scott Linda Strong City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting June 14, 2011 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of May 31, 2011 and Workshop Meeting of June 7, 2011. (Attachment # 1) 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.) 2. Ordinance appropriating $44,070.80 in the General Fund No. 1020 from the Law Offices of William D. Bonilla as reimbursement for criminal investigation time; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenue and appropriations by $44,070.80 each. (Requires 2/3 vote) (Attachment # 2) Agenda Regular Council Meeting June 14, 2011 Page 3 3. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) a. Ordinance appropriating $182,680 from the Federal Aviation Administration Grant No. 3 -48 -0051 - 041 -2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate the Corpus Christi International Airport Terminal Building. (Requires 2/3 vote) (Attachment # 3) b. Ordinance appropriating $116,700 from the Federal Aviation Administration Grant No. 3- 48- 0051 -043 -2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate the Corpus Christi International Airport Terminal Building. (Requires 2/3 vote) (Attachment # 3) 4. Ordinance appropriating $286,999 from the Unreserved Fund Balance in Passenger Facility Charge Fund No. 4621 for debt service on airport improvements in the amounts of $148,499 for Airport 2000A Debt Service and $138,500 for Airport 2000B Debt Service. (Requires 2/3 vote) (Attachment # 4) 5. a. Resolution authorizing the City Manager or designee to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). (Requires 2/3 vote) (Attachment # 5) b. Ordinance appropriating a $56,793 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program (RSVP). (Requires 2/3 vote) (Attachment # 5) 6. Resolution declaring lighting improvements at former South Guth Park site as surplus personal property and authorizing the City Manager or designee to execute an Interlocal Agreement with Nueces County for use of lighting improvements. (Requires 2/3 vote) (Attachment # 6) 7 Motion authorizing the City Manager or designee to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $62,145 for Bear Lane from South Padre Island Drive (SPID) to Old Brownsville Road. (BOND ISSUE 2008) (Requires 2/3 vote) (Attachment # 7) Agenda Regular Council Meeting June 14, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Motion authorizing the City Manager or designee to renew a five -year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Station and Municipal Court facilities, and approving monthly lease payments of $3,870.56 per month plus the City's share of utilities, property taxes, mowing, and parking lot maintenance. (Requires 2/3 vote) (Attachment # 8) 9. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Section 55 -446, Regarding Repeat Programming for Public Access Cablecasting; and Section 55 -447 Regarding Program Identification Requirements; Providing for Publication. (Attachment # 9) 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. * Executive session under Section 551.072, Texas Government Code, to deliberate the lease or value of real property because deliberations in an open meeting would have a detrimental effect on the City's position in negotiations with a third party. J. PUBLIC HEARINGS: JOINT PUBLIC HEARING WITH PLANNING COMMISSION (To be considered at approximately 12 noon) 10. Public Hearing and First Reading Ordinance — To consider amending the Zoning Map to include the new Unified Development Code Zoning District names and incorporating amended map into said code; providing for special permits; amending the Comprehensive Plan to account for any Agenda Regular Council Meeting June 14, 2011 Page 5 CITY COUNCIL PRIORITY.ISSUES (Refer to legend at the end of the agenda summary) deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication and effective date. (Requires 2/3 vote) (Attachment # 10) ZONING CASES: 11 Case No. 0511 -01, Martin Soliz: A change in zoning from the "R-1B" One - family Dwelling District to the "B -4" General Business District, not resulting in a change of future land use. The property to be rezoned is Jerry Place, Lot I, located along the south side of Gollihar Road, east of Christie Street. (Requires 213 vote) (Attachment # 11) Planning Commission's and Staff's Recommendation: Denial of the applicant's request for a change in zoning from the "R-1B" One - family Dwelling District to the "8-4" General Business District, and in lieu thereof, approval of a "B-1/SP" Neighborhood Business District with a Special Permit for an auto parts store and seven (7) conditions. ORDINANCE Amending the Zoning Ordinance, upon application by Martin Soliz, by changing the Zoning Map in reference to Jerry Place, Lot I, from the "R-1B" One - family Dwelling District to the "B- 1 /SP" Neighborhood Business District with a Special Permit for an auto parts store and seven (7) conditions, not resulting in a change of future land use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 12. Case No. 0511 -02, Ronnie King., on behalf of T.R. Walsh, Jr., in his capacity as Trustee of the Jerry L. Dean, Jr. Irrevocable Trust: A change of zoning from the "B -4" General Business District to the "1 -3" Heavy Industrial District, resulting in a change of future land use from a commercial use to a heavy industrial use. The property to be rezoned is Ebony Acres, Lot 1 and the east 65 feet of Lot 2, located at the southwest corner of Leopard Street and McBride Lane. (Requires 2/3 vote) (Attachment # 12) Agenda Regular Council Meeting June 14, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "B -4" General Business District to the "1 -3" Heavy Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Ronnie King on behalf of T. R. Walsh, Jr., in his capacity as trustee of the Jerry L. Dean, Jr. Irrevocable Trust, by changing the Zoning Map in reference to Ebony Acres, Lot 1 and the east 65 feet of Lot 2, from the "B -4" General Business District to the "1 -3" Heavy Industrial District, resulting in a change of future land use from a commercial use to a heavy industrial use; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. CRIME CONTROL BUDGET: 13. Public Hearing on the FY 2011 -2012 Budget adopted by the Crime Control and Prevention District Board of Directors. (Attachment # 13) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 14. Resolution authorizing the City Manager or designee to execute Interlocal Cooperation Agreements with Del Mar College District and Corpus Christi Independent School District to conduct a joint effort for legal services to assist with Redistricting process. (Requires 2/3 vote) (Attachment # 14) 15. Resolution authorizing the Mayor to execute on behalf of the City the City's approval of an Agreement to implement the Nueces County Hurricane Reentry Plan. (Requires 2/3 vote) (Attachment # 15) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 16. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update (Attachment # 16) Agenda Regular Council Meeting June 14, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM. RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT. FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. CITY MANAGER'S COMMENTS: * Follow -up on Restructuring and Reorganization of City Departments. Agenda Regular Council Meeting June 14, 2011 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 0. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ,5i5 p.m., on June 9, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2010-2011 Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach - Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence I MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting May 31, 2011 - 12:00 p.m. PRESENT Mayor Pro Tern Nelda Martinez Council Members: City Staff: Chris Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal Assistant City Secretary Mary Juarez John Marez* Mark Scott Linda Strong ABSENT Mayor Joe Adame *Arrived at 12:07 p.m. Mayor Pro Tem Martinez called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Anthony Washington with The Lord is Peace Worship Center and the Pledge of Allegiance to the United States flag was led by City Manager Olson. Assistant City Secretary Juarez called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Martinez called for approval of the minutes of the workshop meeting of May 10, 2011 and regular Council meeting of May 24, 2011. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Pro Tern Martinez called for consideration of the consent agenda (Items 2 - 14). There were no comments from the public. Council Member Elizondo requested that Item 2 be pulled for individual consideration. Assistant City Secretary Juarez polled the Council for their votes as follows: 3. RESOLUTION NO. 029071 Resolution authorizing the City Manager or designee to submit a grant application in the amount of $500,000 to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding eligible under the COPS 2011 Child Sexual Predator Program, funds to be used for the continuation of the Sexual Predator Unit in the Corpus Christi Police Department to reduce child endangerment, with a City in -kind contribution of $10,000, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. —1— Minutes — Regular Council Meeting May 31, 2011 -- Page 2 4. ORDINANCE NO. 029072 Ordinance appropriating $4,594.17 from insurance company payment of claim in Fund No. 1020 General Fund for the repairs to the gazebo at Temple Park, 3902 Reynosa St.; changing FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and appropriations by $4,594.17 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 5.a. RESOLUTION NO. 029073 Resolution authorizing the City Manager or designee to execute all documents necessary to accept the Summer Food Service Program Grant in the amount of $250,000 from the Texas Department of Agriculture to operate a Summer Food Service Program for Summer Recreation Program participants ages one to eighteen years. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 5.b. RESOLUTION NO. 029074 Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Corpus Christi Independent School District to provide summer food services for summer recreation. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 5.c. ORDINANCE NO. 029075 Ordinance appropriating a $250,000 grant from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grant Fund to operate a Summer Food Service Program for summer recreation participants ages one to eighteen years. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 6. RESOLUTION NO. 029076 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Calallen Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. Minutes — Regular Council Meeting May 31, 2011 — Page 3 7. RESOLUTION NO. 029077 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Corpus Christi Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 8. RESOLUTION NO. 029078 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Flour Bluff Independent School District to provide transportation services for summer youth recreation programs. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leaf, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 9. MOTION NO. 2011 -126 Motion authorizing the City Manager to execute a Consent and Assignment of Financing Agreement which provides for the assignment of Parkdale Shopping Center's right, title and interest in a Financing Agreement dated on May 12, 2009 by and among the City of Corpus Christi and Parkdale Shopping Center to Parkdale Income Partners, L.P. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame was absent. 10.a. RESOLUTION NO. 029079 Resolution recognizing the economic importance of Naval Air Station Corpus Christi ( "NAS CC ") to the local and regional economies; recognizing that the City has the responsibility to protect the public health, safety, and welfare regarding compatible land uses abutting or surrounding NAS CC, other naval air facilities within the City, and the City's International Airport facilities; and pledging the City's sponsorship, support, and good faith commitment to implement the joint land use study recommendations. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 10.b. RESOLUTION NO. 029080 Resolution authorizing the City Manager or designee to accept a grant from the Department of Defense Office of Economic Adjustment in the amount of $237,500 for preparation of a joint land use study, with a City in -kind match of $27,362, and a total project costs of $264,862. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. Minutes — Regular Council Meeting May 31, 2011 — Page 4 10.c. ORDINANCE NO. 029081 Ordinance appropriating $237,500 from Department of Defense Office of Economic Adjustment in the No. 1072 Community Development Grant Fund for preparation of a Joint Land Use Study. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame was absent. 11. RESOLUTION NO. 029082 Resolution authorizing the City Manager to execute an Inter-local Cooperation Agreement with the Port of Corpus Christi Authority relating to permitting of oversized /overweight loads on city streets. The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 12. MOTION NO. 2011 -127 Motion authorizing the City Manager, or designee, to execute a professional engineering services contract with Alan Plummer Associates, Inc. of Austin, Texas in an amount not to exceed $74,200 for the Wastewater Plants Pretreatment Program Services including: • Assessment of Existing Technically Based Local Limits • Program Modification to Comply with Streamlining Provisions The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 13. ORDINANCE NO. 029083 Amending Project Description Sequence 11, Rehabilitate East General Aviation (GA) Apron, in the Airport CIP and Project 6 in the Airport Long -Range CIP of the FY 2010 -2011 Capital Budget & Capital Improvement Planning Guide, adopted on March 8, 2011 by Ordinance No. 028995 by revising the description of the East General Aviation (GA) Apron Project. (First Reading 04/26/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 14: ORDINANCE NO. 029084 Authorizing the conveyance of a tax foreclosure property described as Lot 2, Copps Subdivision, with street address of 1502 Tarlton Street, Corpus Christi (formerly Corpus Christi Osteopathic Hospital) to Del Mar College to promote a public purpose related to higher education and foregoing the City's share of property taxes due in the amount of $53,806.29 in addition to $11,112.22 in paving and demolition liens; authorizing the Nueces County Judge to execute a quit claim deed. (First Reading - 05/24/11) —4— Minutes — Regular Council Meeting May 31, 2011 — Page 5 The foregoing ordinance was passed and approved on its second reading with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye'; Adame was absent. Mayor Pro Tern Martinez opened discussion on Item 2 regarding used tire disposal service. Council Member Elizondo asked questions regarding the number of years the current vendor had the contract; whether the current vendor could handle the contract more accurately based on experience; reference checks on recommended vendor; and background checks on management staff regarding EPA or TCEQ complaints. Assistant Director of Financial Services Michael Barrera explained that the current supplier has been under contract for approximately two (2) years and requested that the City go out for bids on the contract because their original bid did not take into account the increasing fuel costs. Mr. Barrera stated that staff did perform a background check on Santa Anita Reclamation LLC, reviewed references, and verified all permits and requirements and is confident that the company will go a good job. Mr. Barrera added that staff only asked questions and performs background checks on the company itself and not the employees and owners of the company. In response to Council Member Elizondo, Assistant City Manager Oscar Martinez reported that staff is researching what other cities are doing to track illegal dumping of tires and the use of ultraviolet coding to identify the source of tires. Assistant City Secretary Juarez polled the Council for their votes as follows: 2. MOTION NO. 2011-125 Motion approving a service agreement with Santa Anita Reclamation, LLC, of Linn, Texas for used tire disposal service in accordance with Bid Invitation No. BI- 0109 -11 based on low bid for an estimated annual expenditure of $79,200 of which $13,200 is required for FY 2010 -2011. The term of the service agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by Solid Waste and Maintenance Services for FY 2010 -2011 and requested for FY 2011 -2012. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Martinez, Scott, and Strong, voting "Aye"; Adame and Marez were absent. * * * * * * * * * * * * * Mayor Pro Tern Martinez opened discussion on Item 15 regarding a supply contract for natural gas. Director of Gas Operations Debbie Marroquin introduced the presentation team including Assistant Director of Gas Ricardo Guzman and Carl Nalepa with R.J. Covington Consultants LLC who were available to respond to questions. Ms. Marroquin provided information on the terms of the contract; the purchase of 100% of the City's natural gas requirements; the Request for Proposal (RFP) process; the recommendation of National Energy & Trade LP (NET); and the donation of funds from NET to Operation Heat Help. Mayor Pro Tern Martinez called for comments from the audience. Abel Alonzo, 1701 Thames, thanked Ms. Marroquin for a job well done and NET for their continued donation to Operation Heat Help. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 029085 Resolution authorizing the City Manager or designee to execute a five -year natural gas supply contract with National Energy & Trade, LP, for the purchase of 100% of the City's natural gas requirement from July 1, 2011 to July 1, 2016. —5— Minutes — Regular Council Meeting May 31, 2011 — Page 6 The foregoing resolution was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. Mayor Pro Tem Martinez opened discussion on Item 16 regarding the issuance of utility system revenue refunding bonds. Interim Director of Financial Services Constance Sanchez explained that on June 22, 2010, the City Council approved an ordinance authorizing the issuance of utility system refunding bonds in an amount not to exceed $12.5 million. Ms. Sanchez added that since that time, the municipal bond market moved in the City's favor and City staff upon advisement of Bond Council recommended on October 26, 2010 to rescind the original ordinance and recommend approval of an ordinance authorizing the issuance of utility system revenue refunding bonds in an amount not to exceed $112,800,000 which also authorized City staff a six (6) month window to refinance the bonds. Ms. Sanchez reported that during those six (6) months, the bond market has moved away from us reducing the positive impact of refunding opportunities and the authorization expired on April 26, 2011. Ms. Sanchez explained that this item is requesting new authorization for an additional six months for the City to act expeditiously if the market permits; rescinding the ordinance approved on October 26, 2010; and recommending the original financing team. Mark Seal, M.E. Allison, and Rogelio Rodriguez, Frost Bank, were available to respond to questions. Mayor Pro Tern Martinez called for comments from the audience. Abel Alonzo, 1701 Thames, spoke in support of the recommendation and asked questions regarding the benefit to taxpayers. Ms. Sanchez explained that the City will be refunding the bonds at a lower interest rate thus reducing the amount the City has to pay on those bonds on the debt. Mr. Seal reported that this action will allow the financial team the opportunity to react to the market. City Secretary Chapa polled the Council for their votes as follows: 16.a. ORDINANCE NO. 029086 Ordinance rescinding, canceling, and terminating an ordinance previously adopted on October 26, 2010 by the City Council authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2010" and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. 16.b. MOTION NO. 2011 -128 Motion authorizing the appointment of M. E. Allison & Co., Inc. as Financial Advisor; Frost National Bank as Senior Manager; and Coastal Securities, Inc., Hutchinson, Shockey, Erley & Company, Sterne Agee, and Stifel Nicolaus & Co., Inc. as Co- Managers for the City of Corpus Christi, Texas Utility Revenue Refunding Bonds, Series 2011. The foregoing motion was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Adame was absent. 16.c. ORDINANCE NO. 029087 Ordinance authorizing the issuance of "City of Corpus Christi, Texas Utility System Revenue Refunding Bonds, Series 2011" in an amount not to exceed $80,000,000; making provisions -8- Minutes — Regular Council Meeting May 31, 2011 — Page 7 for the payment and security thereof on a parity with certain currently outstanding obligations; prescribing the form, terms, conditions, and resolving other matters incident and related to the issuance, sale, and delivery of the Bonds; including the approval and distribution of an Official Statement pertaining thereto; authorizing the execution of a Paying Agent/Registrar Agreement, an Escrow and Trust Agreement, and a Purchase Contract; complying with the requirements imposed by the Letter of Representations previously executed with the Depository Trust Company; delegating the authority to the Mayor and certain members of the City Staff to execute certain documents relating to the sale of the Bonds; and providing an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye "; Adame was absent. * * * * * * * * * * * ** Mayor Pro Tem Martinez referred Item 17 regarding the proposed FY2011 -2012 Operating Budget: General Overview. City Manager Olson explained that the document presented is a balanced budget and meets the requirements of the City Charter and the major priorities of the City. Mr. Olson added that the format includes the FY2012 budget; a basic three -year plan through FY2014; and an assumption on policy issues for consideration by the City Council to prepare the final version for adoption prior to August 1st. Mr. Olson thanked Assistant City Manager Oscar Martinez, Assistant Director of Management and Budget Eddie Houlihan, and budget staff for their preparation of the budget. Assistant City Manager Oscar Martinez referred to a powerpoint presentation including the requirements of the budget; the locations the budget is available for public review; the composition of the budget; the zero -based budget approach; the fund structure; communication plan; the budget deliberation process; and presentation schedule. The following topics pertaining to this item were discussed: policy issues; the current number of full time equivalents; the breakdown percentage of executive and lower level positions considered for reduction; the three year planning process; whether elimination of positions will cut services or those duties will be shifted to other staff; the zero based budget approach; justifying any proposal to increase the effective tax rate; preliminary numbers from the Nueces County Tax Appraisal District on ad valorem; and the projected shortfall. In response to Council Member Strong, City Secretary Chapa reported that the Council will have a budget workshop on June 7th beginning at approximately 1:30 p.m. Mayor Pro Tern Martinez referred to regarding an update and briefing on Facility Management & Maintenance. Assistant City Manager Oscar Martinez explained that this presentation is being made in response to a request by City Council in April. Mr. Martinez referred to a powerpoint presentation including a breakdown of the facility maintenance program; the budget; challenges; goals of facility maintenance; and how to accomplish the goals. Director of General Services Jim Davis and Facility Manager Gina Sanchez were available to respond to questions. Mr. Davis stated that the staff's guidance is to develop a comprehensive plan to maintain all of the buildings and structures in the City and General Services will be hiring a functional analyst to gather data to assist with this process. The following topics pertaining to this item were discussed: recognizing buildings given to the City for on -going scheduled maintenance; creating the facility maintenance comprehensive plan rather than just reacting; preparation of work orders; the duties of the functional analyst; the —7— Minutes — Regular Council Meeting May 31, 2011 — Page 8 proposed employee reductions in the budget; consolidating positions to realize cost savings; moving towards privatization approach; and the number of proposed employee reductions that are currently vacant. * * * * * * * * * * * * * Mayor Pro Tern Martinez called for petitions from the audience. Abel Alonzo, 1701 Thames, thanked City Manager Olson for his leadership in the budget and spoke regarding the problems addressing the perception in the community. Mary Ann Kelly, 4302 Schanen, spoke regarding the right to vote and the internal auditor position. * * * * * * * * * * * * * City Manager Olson stated that as we proceed during the budget deliberations, it is important to talk about every issue staff and the Council think is important for the Council to be completely satisfied with the adoption of the budget. Mayor Pro Tern Martinez commented that is important for the Council and the public to receive information in a timely manner. There being no further business to come before the Council, Mayor Pro Tern Martinez adjourned the Council meeting at 1:28 p.m. on May 31, 2011. * * * * * * * * * * * * * MINUTES CITY OF CORPUS CHRISTI, TEXAS Council Workshop June 7, 2011 — 1:30 p.m. PRESENT Mayor Joe Adame Mayor Pro Tern Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr, Kevin Kieschnick Priscilla Leal John Marez* Mark Scott Linda Strong** *Arrived at 1:36 p.m. **Arrived at 2:18 p.m. City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Adler and the Pledge of Allegiance to the United States flag was led by Council Member Kieschnick. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * * * * * * * * * ** Mayor Adame referred to the presentation on the FY2011 -2012 Proposed Budget for the General Fund. Assistant City Manager Oscar Martinez provided information on how the projected $11,5 million shortfall in the General Fund was reconciled including maintaining the effective tax rate; identifying department reductions in the amount of $5.8 million; the capacity to reserve $1 million for increased fuel costs; and the use of one -time expenditures. Mr. Martinez referred to the powerpoint presentation including the breakdown of general fund revenues; the revenue summary; change in sales tax collections; sale tax collection drivers; other revenue sources; history of assessed valuations; history of net taxable values and adopted tax rates; comparative tax rate information; the additional reduction required for maintaining the current tax rate; tax rate impacts; information on the effective tax rate; the breakdown of general fund expenditures; budget considerations for City Attorney, Finance, General Government, Health, Human Resources, Human Relations, Libraries, Municipal Court, Museum, Police, Fire, Parks and Recreation, Solid Waste, Street, Neighborhood Services, and Engineering Services departments; and the budget schedule. The following topics pertaining to this item were discussed; the average daily sales tax income; the increase in sales tax collection over the prior year; the dollar amount of 1% of sales tax; the percentage of companies in the industrial district that are at the maximum of 60 %; cable franchise fees collected from AT &T; the failure to receive franchise fees from dish providers; the delay in receiving payments for Municipal Court fines; the reason the Warrant Roundup for September is not incorporated into the budget; the difference between the revenues and expenditures for Municipal Court; assessed valuations including new growth; community -wide values measured by Appraisal District; removal of property exemptions for property owners not entitled to exemption; appraisal of downtown building; state law regulating appraisals; whether the -9- Minutes — Council Workshop June 7, 2011 — Page 2 tax rates and entities different from other Texas cities; the comparison between the current and effective tax rate; transparency should the internal audit department become privatized; the reason for the $500,000 . operating reduction in FY2012 for General Government; cross - training of employees in Health Department; the department that Animal/Vector Control traditionally falls under in other cities; continuing discussions to move a portion of the Police Department to the Central Library; the risks associated with increasing the time it takes to magistrate a defendant; re- design of the school crossing guard program and evaluating the high risk at certain schools; consideration for privatizing the mowing of "backyard" parks and sanitation in neighborhood parks; the issues associated with beach maintenance; reduction at athletic fields; the number of senior centers and the reason for selecting four (4) for reduction of hours; reduction in tennis center maintenance; partnering with private sector for repurposing of parks; consolidating the beach permit fees; mothballing Violet Pool; partnering with governmental entities on mowing; the construction schedule for HEB Pool; partnership between Parks and Recreation and Code Enforcement for park beautification; the amount of revenue received from 380 agreements; use of volunteers; future plans for storm water and street maintenance; and consideration to eliminate an Assistant City Manager position to fund proposed employee reductions. Council Member Martinez requested historical information on the revenues for the Warrant Roundup. Ms. Martinez also requested to have a conversation with the Appraisal District regarding the monitoring of exemptions and an inventory of vacant city -owned property that are up to code to lease or sell. Council Member Scott requested a presentation from the Appraisal District on the methods used and data for appraising property and information on the legal impact on the public's right to view information should the internal auditor department be privatized. City Manager Olson asked the Council for direction on policy issues including the use of the effective tax rate, the current tax rate, or other tax rate to assist with planning the budget and the use of reserves. Mr. Olson stated that he will recommend changing the policy in the future of maintaining 10% of reserves in the budget to a range between 15 -25 %. City Manager Olson outlined his strategies in the budget including a three -year budget; making efficiencies in the operation; improving performance; restructuring the organization and reemphasize focus. Mr. Olson stated that there is a lack of leadership, accountability, and teamwork between departments that he plans to address and take action. Mr. Olson added that he plans to redirect the Office of Management and Budget's focus to management processes, performance measurement, benchmarking, and best practices. Mr. Olson reported that he plans to develop an investigative unit to address allegations of kickbacks, bribes, and animal abuse. City Manager Olson identified areas in the organization that are under - funded in the budget including street maintenance, animal control, park maintenance, and code enforcement. Mr. Olson stated that based on the challenges the City is facing, he is recommending maintaining the effective tax rate. * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Adame adjourned the Council workshop at 4:21 p.m. on June 7, 2011. * * * * * * * * * * * * * 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/14/2011 AGENDA ITEM: Ordinance appropriating $44,070.80 in the General Fund No. 1020 from the Law Offices of William D Bonilla as reimbursement for criminal investigation time; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and appropriations by $44,070.80 each, and declaring an emergency. ISSUE: The Law Offices of William D. Bonilla has provided reimbursement for criminal investigation time related to the David Bonilla case. BACKGROUND INFORMATION: As part of the settlement for the David Bonilla case, the Police Department has been reimbursed $44,070.80 for officers time involved in investigating the case. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation. D. Troy Riggs Chief of Police Troyr @cctexas.corn 886 -2603 Attachments ORDINANCE APPROPRIATING $44,070.80 IN THE GENERAL FUND NO. 1020 FROM THE LAW OFFICES OF WILLIAM D BONILLA AS REIMBURSEMENT FOR CRIMINAL INVESTIGATION TIME; CHANGING THE FY 2010 -2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING REVENUE AND APPROPRIATIONS BY $44,070.80 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $44,070.80 is appropriated in the General Fund No. 1020 from The Law Offices of William D Bonilla as reimbursement for criminal investigation time; changing the FY 2010 -2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenue and appropriations by $44,070.80 each. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of June, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: Jane 2, 2011 T. a Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2011 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 Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong 3 AGENDA MEMORANDUM JUNE 14, 2011 AGENDA ITEMS: (A) Ordinance Appropriating $182,680 from the Federal Aviation Administration Grant No. 3 -48- 0051 - 041 -2008. in the No. 3020 Airport Capital Improvement Fund to rehabilitate Terminal Building, and declaring an emergency. (B) Ordinance Appropriating $1 16,700 from the Federal Aviation Administration Grant No. 3 -48- 0051 -043 -2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Terminal Building, and declaring an emergency. ISSUE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. Grants 41 and 43 were originally awarded and appropriated by the City Council on July 8, 2008 and December 9, 2008 respectively. The FAA has offered amendments to Grants 41 and 43 to provide additional funding for eligible construction cost overruns associated with the improvements to the Federal Inspection Services (FIS) area. The improvements will allow for processing of up to 200 international passengers per hour. Increased processing capacity is a major factor in attracting international air service. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Approval of the Ordinances as presented. c Fernandb�. Scg ndo Director of Aviation FredS4cctexas.com 289.0171 ext. 1213 ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Ordinances BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City has received an offer for supplemental funding for FAA Grants # 3-48- 0051 -4'1- 2008 and # 3- 48- 0051 -43 -2008 in the amount of $299,380. The funding will cover additional construction costs for surveying, change orders and construction management and inspection services for the re- configuration of the FIS Facility. This grant will fund 95% of the project(s) cost with the Airport providing the 5% match. Appropriation of the grant proceeds is necessary to proceed with the project. PROJECT DESCRIPTION: FIS Rehabilitation. The current FIS facility can process approximately fifty passengers per hour (the capacity of a small regional jet). International traffic flown through the region utilizes aircraft in the one hundred fifty to two hundred seat range. The reconfiguring of the FIS facility will allow increased passenger through put and efficiency to meet the needs to the current and future airport users. U.S: Department of Transportation Federal Aviation Administration May 23, 201/ Federal Aviation Administration Southwest Region, Airports Oivisiion, Texas Airports Development Offer Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Dear Mr. Segundo: Fort Worth, Texas 75983 =0550 This is in response to your letter of May 3,. 2011 requesting an amendment to the Grant Agreement for ATP Project No 3-48-0051-041-2008 for Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 15 which states in part "It is mutually understood and agreed that ... if there is an oven in the eligible project costs. FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen. (150/) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement,. accepted on June 6, 2008 is hereby amended by this Amendment No 4 by increasing the amount set forth on Page 2 of the Grant Agreement from $2,$00,008.00 to 52,682,680.00. This increase in the maximum obligation is to provide for allowable 7,7 % cost overrun. of 82,500,0000.00. if you have any questions or if we can be of additional service, please contact us.. erely, Ade ich • '>Icely, Manager Texas Airports Development Office U.S Deportment ofTrarrsporiotion Fodirrrai Aviation Adrnini$tri lion May 23, 2011 Federal Aviation.Administratian Southwest Region, Airports Division, Texas Alr:orts Development office Mr, Fred Segundo Airport Director Corpus Christi. International Airport 1000 International 8 lvd. Corpus Christi, Texas 784116 Fort Worth, Texas 781Y3 -O65O Dear Mr. Segundo: This is in response to your letter of May 3, 2011 requesting; an amendment to the Grant. Agreement for AIP Project No 3- 48- 0051- 043 -2008 for Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No 15 which states in part: it is mutually understood and agreed: that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory Been (15 %) percent limitation and will advise the sponsor by letter of the increase Upon issuance of, either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount. specified." This Gtant Agreement, accepted on August l8, 200S is hereby amended by this Amendment No 4 by increasing the amount set forth on Page 2 of the Grant Agteement from 5718,503.00° to S895,203.00. This increase in the maxim um obligation is to•provide for allowable 149 9% cost overrun of 577$,503.00. If you have any questions or if we can be of additional service, please contact us. . Michae ,. .*reeky; Manager Texas Airports Development Office Page 1 of 2 ORDINANCE APPROPRIATING $182,680 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3-48- 0051 - 041 -2008 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO REHABILITATE THE CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL BUILDING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $182,680 from the Federal Aviation Administration Grant No. 3 -48- 0051 -041 -2008 is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate the Corpus Christi International Airport Terminal building. 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 , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved , 2011 Lisa Aguilar Assistant City ttorney For City Attorney H:ILEG- DIRILisa12011 OrdinancelOrd- approp -FAA Grant- Airport 2011.docx 23— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor 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 Linda Strong H:4LEG- DIR \Lisa12011 OrdinancelOrd -approp -FAA Grant- Airport 2011.docx Page 1 of 2 ORDINANCE APPROPRIATING $116,700 FROM THE FEDERAL AVIATION ADMINISTRATION GRANT NO. 3- 48- 0051 -043 -2008 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND TO REHABILITATE THE CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL BUILDING; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $116,700 from the Federal Aviation Administration Grant No. 3 -48- 0051 -043 -2008 is appropriated in the No. 3020 Airport Capital Improvement Fund to rehabilitate the Corpus Christi International Airport terminal building. SECTION 1 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 , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved �_ 1 , 20111 Lisa Aguilar Assistant City orney For City Attorney H:1LEG- DIR \Lisa12011 OrdinancelOrd- approp -FAA Grant2- Airport 2011.docx 2 5 _ Page 2 of 2 Corpus Christi, Texas Day of , 2011 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 Kiesch nick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1LEG- QIR \Lisa12o 11 OrdinancelOrd -approp -FAA Grant2- Airport 2011.docx 26— 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 14, 2011 AGENDA ITEM: Ordinance appropriating $286,999 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 for debt service on airport improvements in the amounts of $148,499 for Airport 2000A Debt Service and $138,500 for Airport 2000B Debt Service and declaring an emergency. ISSUE: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration and fund debt service and related fees on bonds issued for completed terminal building improvements. PFC revenue must be appropriated prior to any expenditure. Due to a financial report error, insufficient funds were appropriated and additional funds are required to meet debt service requirements. REQUIRED COUNCIL ACTION: All Ordinances require Council approval. PREVIOUS COUNCIL ACTION: On September 14, 2010, City Council approved Ordinance 028782 appropriating funds for debt service. FUNDING: Funds are available in Passenger Facility Charge Fund 4621 $286,999 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A: Background Ordinance Fernand Director of Aviation FredS @cctexas.com 289.0171 ext. 1213 BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection has been collected. An amendment to this application was submitted to the FAA on June 7, 2001 and was approved by the FM on June 25, 2001. The approved amendment includes revisions to project scopes and/or budgets for completed, in- progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application were required to support the Council- adopted Airport Capital Improvement Program, including the Terminal Construction Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. ADDITIONAL PREVIOUS COUNCIL ACTION: 1. October 14, 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 20008 Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002 -2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848; and declaring an emergency. (Ord 025519) 2, May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003-20Q4 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744; and declaring an emergency. (Ord. 025743) 3. January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and declaring an emergency (Ord. 026112) 4. July 25, 2006Ordinance appropriating $ 729,319 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $ 643,761 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000E Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $ 729,319 and declaring an emergency (Ord. 026885) 5. July 25, 2006 Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $828,707 and declaring an emergency. (Ord. 026887) 6. July 25, 2006 Ordinance appropriating $ 172,933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172,933 and declaring an emergency (Ord. 026886) —30— Exhibit A 7. August 29, 2006 Ordinance appropriating$1,488,093 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $1,055,309 into the Airport 2000A Debt Service Fund 4640 and $432,784 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $1,488,093; amending FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase revenues by $178,653 in the Airport 2000A Debt Service Fund 4640 and $124,634 in the Airport 2000B Debt Service Fund 4641; and declaring an emergency ( Ord. 026960) 8. July 15, 2008, City Council approved Ordinance 027758 appropriating $1,856,054 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring $1,076,812 into the Airport 2000A Debt Service Fund No. 4640 and $779,242 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $1,856,054; and declaring an emergency 9. September 8, 2009, City Council approved Ordinance 028298 appropriating $684,417 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and retaining $70,000 to fund Airfield Rescue Fire Fighting Building improvements, transferring $469,917 into the Airport 2000A Debt Service Fund No. 4640 and transferring $44,500 into the Airport 2000E Debt Service Fund No. 4641 for Debt Service on Airport Improvements and transferring $100,000 to the Airport Capital Reserve Fund 3020A for reimbursement of airport drainage improvements; changing the FY2008 -2009 Capital Budget adopted by Ordinance No. 028006 to increase appropriations by $684,417 and declaring an emergency 10. September 14, 2010, City Council approved Ordinance 028782 appropriating $1,950,752 from the unreserved fund balance in Passenger Facility Charge Fund .No. 4621 and retaining $700,000 to fund Terminal Building Reconstruction improvements, transferring $893,910 into the Airport 2000A Debt Service Fund No. 4640 and transferring $356,842 into the Airport 20008 /Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2009 -2010 Capital Budget adopted by Ordinance No. 028449 to increase appropriations by $1,950,752 and declaring an emergency. f Exhibit A Page 1 of 2 ORDINANCE APPROPRIATING $286,999 FROM THE UNRESERVED FUND BALANCE IN PASSENGER FACILITY CHARGE FUND NO 4621 FOR DEBT SERVICE ON AIRPORT IMPROVEMENTS IN THE AMOUNTS OF $148,499 FOR AIRPORT 2000A DEBT SERVICE AND $138,500 FOR AIRPORT 20008 DEBT SERVICE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $286,999 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 for debt service on airport improvements is appropriated in the amounts of $148,499 for Airport 2000A Debt Service and $138,500 for Airport 2000B Debt Service. 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 June, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form Cv� --�. ) , 2011 By: a°..�.,. Lisa Agu Assistant City Attorney For City Attorney ORD- approp- AirportDebtService —32-- Page 2 of 2 Corpus Christi, Texas Day of , 2011 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong ORD- approp- AirportDebtService —33— 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 212011 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to accept a $56,793 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). B. Ordinance appropriating a $56,793 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide enhanced funding to continue Retired and Senior Volunteer Program (RSVP). The fund authorization will be for the period April 1, 2011 through March 31, 2012. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund RSVP from April 1, 2011 through March 31, 2012. PREVIOUS COUNCIL ACTION: On May 10, 2010, the City Council accepted and appropriated Federal funds in the amount of $56,793 from the Corporation for National and Community Service for FY10 -11. On October 26, 2010, the City Council accepted and appropriated State funds in the amount of $20,987 from the Corporation for National and Community Service for FY11 -12. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $56,793 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Attachments: Background Information Notice of Grant Award El ichael Morris, Director Parks and Recreation Department MichaelMo(acctecxas.com 361 -826 -3464 BACKGROUND INFORMATION Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. Volunteers serve in various capacities such as food service, assisting victims of crime, tour guides, friendly visits at nursing facilities, administrative duties, maintenance and grounds keepers, GED programs, tutoring, sewing blankets and stuffed animals for children, fundraising, and in many others areas as needed. During the last grant period (April 1, 2010 - March 31, 2011), 21 new volunteers enrolled in the program. During the fiscal year 2009 -2010, 650 enrolled volunteers contributed 80,919 service hours through 46 different non - profit organizations like KEDTV, South Texas Botanical Gardens, AARP, City of Corpus Christi Senior Centers, Nueces County Senior Centers, Deaf and Hard of Hearing Center, and other community based organizations such as Driscoll Children's Hospital, Corpus Christi Medical Center, USS Lexington, Better Business Bureau, and Alameda Oaks Nursing Center. Parallel to our fiscal year, the grant period April 1, 2009 -March 31, 2010, yielded 104,121 volunteer service hours to the City of Corpus Christi. Using the federal index of $20.25 per volunteer hour, RSVP Volunteers saved our city $2,108,450. RSVP dedicated 37,126 hours of service to City departments including the Police Department's Special Services; Training; Identification; Criminal Investigation; Family Violence and Community Services Divisions. Other City departments served include the Public Library; Corpus Christi International Airport; Museum of Science and History, Parks and Recreation, RSVP special projects and the Fire Department. In addition to administrative costs, this award includes, but not limited to, allocations for volunteer recognition, travel for State and National Conferences, and salaries and fringe. For this grant period (April 1, 2011 -March 31, 2012) the total budget to effectively run this project is $168,201. The breakdown is as follows: Federal: $ 56,793 City Match: 90,421 (budgeted in FY2011) State: 20,987 (appropriated October 2010) Notice of Grant Award Retired and Senior Volunteer Program For Official Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 Award Information Agreement No.: 11SRWTX017 Amendment No.: 0 CFDA No.: 94.002 Award Description Project Period: Budget Period: 0410112011- 03/31/2014 0410112011- 03/31/2012 Authorize FY201 l funding Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Current Year Previously This Award! Total Current Awarded Amendment Year This Year Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) $0 $56,793 $56,793 $0 $0 SO Total Available SO $56,793 $56,793 Cumulative Funding for Project Period Total Awarded in Previous Years $0 Total CNCS Funds Awarded to Date $56,793 Funding Source and Amount 2011 - -OPE 1 -P74- C00- 61413 -4101 $56,793.00 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 1/20/11. Grantee shall prepare a Project Progress Report (CNCS -1020 for Senior Corps) annually at the end of the 4th quarter of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after April 1, 2011 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https:/ legrants. cns. gov/ termsandconditions /RSVPTandC_Revised20101001.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting Page 1 For Qtf igllse Only For Official Use Only Notice of Grant Award Retired and Senior Volunteer Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 -3323 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 -9277 documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: 03/22/2011 Signature Date Lennette B: White Name (typed) Senior Grants Officer Title Lennette B. White, 215 -964 -6309 Grants Official LeRoy Minor, (512) 916 -567I Program Official Page 2 For Ofr 0 Use Only Page 1 of 2 A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $56,793 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE RETIRED AND SENIOR VOLUNTEER 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 accept a $56,793 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program. 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 Adame, Mayor APPROVED: June 1, 2011 Lisa Aguil Assistant City Attorney For City Attorney H:\LEG- DiR \Lisa12011 ResolutionlRes- authGrant- RSVP2011.docx Page 2 of 2 Corpus Christi, Texas Day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott Linda Strong H:1LEG- DiRILisa12011 Resolution \Res- authGrant- RSVP201 I .docx —42— Page 1 of 2 ORDINANCE APPROPRIATING A $56,793 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $56,793 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Retired and Senior Volunteer 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 , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: June 1, 2011 c�..vyz Lisa Aguila Assistant City Attorney For City Attorney H:ILEG- DIRILisa1201 I Ordinance \ORD- appropGrant- RSVP2011.doc —43— Page 2 of 2 Corpus Christi, Texas day of , 2011. 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 R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:ILEG- DIR1Lisa12011 OrdinancelORD- appropGrant- R5VP2011.doc —44— 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 14, 2011 AGENDA ITEM: Resolution declaring lighting improvements at former South Guth Park as surplus personal property and authorizing the City Manager or designee to execute an interlocal agreement with Nueces County for use of lighting improvements. ISSUE: Interlocal agreement required to allow Nueces County to make use of the athletic field lighting at the former South Guth Park. REQUIRED COUNCIL ACTION: City Council must pass a resolution to authorize an interlocal agreement with Nueces County. PREVIOUS COUNCIL ACTION: • November 7, 2000 - Voter authorization of Bond 2000 • March 20, 2001 - City Council approved Ordinance No. 024398 to provide for the issuance of General Improvement and Refund Bonds. • September 24, 2002 - City Council authorized a contract in amount of $288,900 for Youth Outdoor Sports Facilities Lighting Improvements project at South Guth Park. • July 8, 2003 - City Council authorized a contract which included $139,040 for Youth Outdoor Sports Facilities Lighting Improvements at South Guth Park. • October 16, 2007 - City Council approved Ordinance No. 027451 authorizing the execution of a Declaration of Gift and Agreement between the City and TAMU System relating to the conveyance of 140.39 acres of land including South Guth Park. • October 16, 2007 - City Council approved a five -year Ball Field Lease Agreement with TAMU System to lease the former South Guth Park site to the City to be used as a recreation area; FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends the City Council authorize the interlocal agreement with Nueces County. ■ Michael Morris, Director Parks and Recreation Department MichaelMo(cctecxas.com 361- 826 -3461 Attachments: Background Information Interlocal Agreement -47- BACKGROUND INFORMATION In October of 2007 an agreement was reached with Texas A &M — Corpus Christi (TAMUCC) for donation of property at South Guth Park. The City has leased this property back from TAMUCC since that time and has used it for youth athletic fields until such time as the new replacement fields could be constructed at Paul Jones Athletic Complex. The new fields at Paul Jones Athletic Complex were completed in March of 2011 and the youth sports teams have relocated to this new complex. Notice was given to TAMUCC that items of interest would be removed from the South Guth Park (as per lease agreement) by June 30, 2011. Youth sports organizations that lease City -owned property were provided an opportunity to request any amenities at the South Guth Park site, at their own expense to remove and re- install. Nueces County expressed interest in removing four sets of athletic field lighting from the site for use at County owned parks - Oil Belt Little League Park on Cliff Crenshaw Drive and Lyondell Park on Haven Drive. In both cases the youth sports organizations offer participation to both City and County residents. 1 STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NUECES COUNTY FOR RECREATIONAL FIELD LIGHTING EQUIPMENT WHEREAS, the City of Corpus Christi, Texas, hereinafter "City," and Texas A &M University System, hereinafter " TAMUS," entered into a lease agreement whereby TAMUS leased the ballfields and improvements located in the area formerly known as South Guth Park to the City; WHEREAS, the lease agreement between the City and TAMUS authorizes City to remove any improvements from the site prior to the termination of the lease agreement; WHEREAS, Nueces County, Texas, hereinafter "County," desires permission to remove field lighting equipment, identified on Exhibit A, hereinafter "Equipment," to be used by County and to be installed at County parks in the City limits; WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes contracts between local governmental agencies to perform governmental functions and services such as Parks and Recreation. NOW, THEREFORE, THIS AGREEMENT is hereby made an entered into by City and County, upon and for the mutual consideration stated herein: 1. County is granted permission to go upon the property formerly known as the South Guth Park ball fields to remove the items as shown on Exhibit "A" (the "Equipment "). The Equipment is currently fixed to light poles located at the property formerly known as South Guth Park, which is under lease from Texas A &M University System to the City of Corpus Christi. Upon final execution of this Agreement, County acquires all rights, title and interest to the Equipment. 2. The County shall remove said Equipment from its current location no later than June 29, 2011. If Equipment is not removed by County by June 29, 2011, then this Agreement is null and void and the Equipment may be disposed in the manner consistent with the City / TAMUS lease agreement. 3. As consideration for providing this Equipment to County, County agrees to install and maintain the Equipment in a County public park in the City limits and to ensure that the County parks are available for use without charge by the general public, including City of Corpus Christi residents. The County agrees to install said Equipment no later than August 31, 2011 at the following two County park locations located within the City limits: Oil Belt Little League Park on Cliff Crenshaw Drive and Lyondell Park on Haven Drive. 2 4. County has sole responsibility for maintenance and upkeep of the Equipment and the Equipment is conveyed by the City to the County without any warranty as surplus personal property. Should County in the sole discretion of its Parks Director decide that the Equipment is beyond reasonable repair, County has no duty to replace said Equipment. County may not resell, transfer or dispose of the Equipment, except with prior written approval of the City's Parks Director. 5. The Parties agree that all expenditures under this agreement shall be paid with current revenues of the paying party. 6. County shall hire a contractor to remove and install the Equipment. County shall ensure that Contractor complies with all applicable Federal, State and Local laws and regulations, and obtains proper permits. County shall ensure that its contractor obtains the insurance as described on the attached Exhibit prior to Contractor beginning work to remove the Equipment. County shall ensure that its contract with its contractor includes an indemnity provision whereby the contractor shall indemnify the City and TAMUS from any and all liability which arises out of Contractor's removal and subsequent installation of the lights and controllers at the County's parks. County's contract with its contractor shall include the following provision: "[COUNTY CONTRACTOR] SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI, TEXAS, TEXAS A &M UNIVERSITY SYSTEM, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THE REMOVAL, INSTALLATION, AND USE OF THE EQUIPMENT DESCRIBED IN THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. [COUNTY CONTRACTOR] MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING ROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTION. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT." 7. COUNTY INDEMNIFICATION. TO THE EXTENT ALLOWED UNDER TEXAS LAW, COUNTY SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF 3 CORPUS CHRISTI, TEXAS, TEXAS A &M UNIVERSITY SYSTEM, AND THEIR RESPECTIVE OFFICERS, EMPLOYEES AND AGENTS (" TNDEMNITEES ") FROM AND AGAINST AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THE REMOVAL, INSTALLATION, AND USE OF THE EQUIPMENT DESCRIBED TN THIS CONTRACT OR THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. COUNTY MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING ROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTION. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 8. This Agreement takes effect upon date of last signature and shall be in effect for as long as the Equipment is being maintained by the County at a public park for use by the general public, including Nueces County residents. 9. Neither the City nor TAMUS make any representation or warranty regarding the operation, safety, condition, use or functionality of the Equipment. The Equipment is provided to the County "AS IS" "WITH ALL FAULTS" AND WITHOUT WARRANTY OF ANY KIND. The County assumes all risks and liability for the removal, installation, use and operation of the Equipment. 10. This Agreement has been duly executed and delivered by all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement represents and warrants that they have full right and authority to enter into this Agreement. 11. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. 12. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and venue of any legal action filed by either the City or County shall be in Nueces County, Texas. 13. SEVERABILITY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability of the Agreement shall be construed as if such invalid, illegal or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect. 14. NOTIFICATION Any and all notices which may be required under the terms of the Agreement shall be delivered by registered or certified United States mail or by a recognized commercial carrier or delivery service as follows: NUECES COUNTY: Nueces County Judge 901 Leopard, Room 303 Corpus Christi, Texas 78401 Executed in duplicate originals, this the by its duly authorized officer: Nueces County By: CITY OF CORPUS CHRISTI Director of Parks and Recreation 1201 Leopard Street Corpus Christi, Texas 78401 4 day of , 2011 by Nueces County 5 Executed in duplicate originals, this the day of , 2011 by City of Corpus Christi by its duly authorized City Manager: By: Ronald L. Olson City Manager Attest: By: Armando Chapa City Secretary Approved as to form: , 2011 By: Lisa Aguilar, Assistant City Attorney For the City Attorney 6 EXHIBIT "A" Four (4) sets of athletic field lighting and the associated controllers currently located at former South Guth Park location 7 EXHIBIT INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY iNSURANCE A. Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor 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 and Texas A & M University System must be named as additional insureds for the General liability policy. A blanket waiver of subrogation in favor of the City and Texas A & M University System is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation is required on all certificates or by policy endorsement. Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises -- Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractual Liability 7. Independent Contractors $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY 1. Owned vehicles 2. Hired & Non -owned vehicles $1,000,000 COMBINED SINGLE LIMIT • WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000/ $500,000/ $500,000 C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accidents within ten (10) days of any accident. 8 lf, ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. Contractor's financial integrity is of interest to the City; therefore, subject to Contractors right to maintain reasonable deductibles in such amounts as are approved by the City, Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor'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- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Contractor shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and Texas A & M University System and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi and Texas A & M University System where the City and Texas A & M University System are additional insureds shown on the policy; 9 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City and Texas A & M University System; and • Provide thirty (30) calendar days advance written notice directly to City and Texas A & M University System 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. E. Within five (5) calendar days of a suspension, cancellation, or non- renewal of coverage, Contractor to provide a replacement Certificate of Insurance and applicable endorsements to City and Texas A & M University System. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this. agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi and Texas A & M University System for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2011 South Guth Ball Fields Lighting removal contractor ins. req. 5 -3 -11 ep Risk Mgmt. Page Iof2 RESOLUTION DECLARING LIGHTING IMPROVEMENTS AT FORMER SOUTH GUTH PARK SITE AS SURPLUS PERSONAL PROPERTY AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES COUNTY FOR USE OF LIGHTING IMPROVEMENTS. Whereas, after voter authorization on November 7, 2000, City Council approved Ordinance No. 024398 on March 20, 2001 to provide for the issuance of the City of Corpus Christi, Texas (the "City ") of Thirty Nine Million One Hundred. Fifty Thousand Dollars ($39,150,000) of the City's General Improvement and Refunding Bonds, Series 2001, (the "Bonds "), for various purposes which included Park and Recreation improvements in the amount of $4,694,000; Whereas, on September 24, 2002, City Council authorized a contract in amount of $288,900 of these Bond funds to install Youth Outdoor Sports Facilities Lighting Improvements at South Guth Park; Whereas, on July 8, 2003, City Council authorized a contract which included use of $139,040 of these Bond funds to install Youth Outdoor Sports Facilities Lighting Improvements at South Guth Park; Whereas, on September 25, 2007, in Resolution No. 027432, City Council made the factual determination and in compliance with applicable law that there was no feasible and prudent alternative to the conveyance of South Guth Park property to the Texas A &M University System ( "TAMU System ") for its campus expansion and that reasonable planning had occurred for providing alternate sites and facilities for park uses, and as such, South Guth Park was deemed to no longer be park facilities under Texas law; Whereas, on October 16, 2007, in Ordinance No. 027451, City Council authorized execution of Declaration of Gift and Agreement between the City and TAMU System relating to the conveyance of 140.39 acres of land including South Guth Park site; Whereas, on October 16, 2007, City Council also approved a five -year Ball Field Lease Agreement with TAMU System by which TAMU System leased the former South Guth Park site to the City to be used as a recreational area; Whereas, Section 1.03 B of the Ball Field Lease includes a provision to allow the City to remove any improvements from the premises on or prior to August 31, 2013; Whereas, the parties have agreed to early termination date for the Ball Field lease effective June 30, 2011; Whereas Section 13 of Ordinance 024398 provides that the City covenants that the property constituting a financed project under the Ordinance will not be sold or otherwise disposed in a transaction resulting in the receipt of cash or other H:1LEG- DIR \Lisa12011 Resolution\South Guth Park Lights.doc —58— Page 2 of 2 compensation, unless the City obtains an opinion of bond counsel substantially to the effect that such sale or other disposition will not adversely affect the tax exempt status of the Bonds, and further provides that any personal property disposed of in the ordinary course of business shall not be treated as a transaction resulting in the receipt of cash or other compensation; Whereas, City council hereby finds and determines that the lights are personal property, that the lights will be conveyed without compensation, and that the conveyance is in the ordinary course of business as the lights are now surplus personal property; Whereas, Nueces County has expressed interest in obtaining use of four of the six lights for use in County parks located within the City limits; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council declares that the lights and related improvements located at the former South Guth Park site are of no further use to the City and are hereby declared surplus personal property. SECTION 2. That the City Manager or designee is authorized to execute an Interlocal Agreement with Nueces County for use of four sets of lighting improvements located at the former South Guth Park site. ATTEST: Armando Chapa City Secretary Approved: A , 2011 Lisa Aguilar, ssistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor H:1LIEG- DIRlLisa12011 Resolution\South Guth Park Lights..doc —59— Corpus Christi, Texas of , 2011 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 Linda Strong 7 - AGENDA MEMORANDUM DATE: June 14, 2011 SUBJECT: Bear Lane from SPID to Old Brownsville Road (BOND ISSUE 2008) Project No. 64631 CIP No, ST 15 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute an Agreement for Construction Materials Testing and Engineering Services with Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $62,145,00 for Bear Lane from SPID to Old Brownsville Road (BOND ISSUE 2008). ISSUE: The proposed project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. A construction contract with Haas Anderson Construction, Ltd., was executed on May 24, 2011 to reconstruct approximately 6,000 linear feet of flexible asphalt pavement for a new 3 -lane collector street (two 13.5 - feet back to back travel lanes and one 14 -foot continuous turning lane) with 8 -foot concrete sidewalks and associated pavement markings and signage improvements; along with 6,600 linear feet of storm water conduit improvements, 5,780 linear feet of waterline improvements, 960 linear feet of cured -in -place pipe sanitary sewer line rehabilitation, five (5) sanitary sewer manhole rehabilitations and two (2) new sanitary sewer manholes, and ADA pedestrian improvements. FUNDING: Funding is available from the Streets Capital Improvement Budget FY 2011. RECOMMENDATION: Staff recommends approval of the motion as presented. Pete Anaya, P.E. Director of Engineering Services (361) 826-3781 petean @cctexas.corn Additional Support Material: Exhibit "A" Agenda Background Information Exhibit "B" Prior Project Actions Exhibit "C" Project Budget Exhibit "D" Location Map —63— H:IHOME \VeImaP1GENISTREET16463 BEAR LANEITESTINGI2 AGENDA MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Bear Lane from SPID to Old Brownsville Road (BOND ISSUE 2008) Project No. 64631 CEP No. ST 15 PROJECT DESCRIPTION: This project consists of the complete removal of an existing roadway and the construction of approximately 6,000 linear feet of flexible (asphalt) pavement for a new 3 -lane collector street (two 13.5 -feet back to back travel lanes and one 14 -foot continuous turning lane) with 8 -foot concrete sidewalks and associated pavement markings and signage improvements; along with 6,600 linear feet of storm water conduit improvements, 5,780 linear feet of waterline improvements, 960 linear feet of cured -in- place pipe sanitary sewer line rehabilitation, five (5) sanitary sewer manhole rehabilitations and two (2) new sanitary sewer manholes, and ADA pedestrian improvements, together with all appurtenances. The plans and specifications for the project identify the construction materials and construction quality control testing needed to ensure performance of the completed improvements. The use of third party engineering and testing laboratories is currently considered the most cost effective means of providing for these services. Rock Engineering and Testing Laboratory, Inc. is an industry certified locally owned and operated company. PROJECT BACKGROUND: On Tuesday, November 4, 2008, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —64— 11:1ROME1VeImaPIGENISTREET16463 BEAR LANEITESTLNG13 AGENDA BACKGROLINE.doc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Bear Lane from SPID to Old Brownsville Road (BOND ISSUE 2008) Project No. 6463 / CIP No. ST 15 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 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. September 15, 2009 -- Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of $1,070,830 for Bear Lane from SPID to Old Brownsville Road. (Motion No. M2009 -255) 5. March 8, 2011 — Ordinance approving the FY 2011 Capital Budget and Capital Improvement Planning Guide in the amount of $173,982,100 (Ordinance No. 028995). 6. May 24, 2011 — Motion authorizing the City Manager, or designee, to execute a construction contract with Haas - Anderson Construction, Ltd. of Corpus Christi, Texas in the amount of $6,259,588 for Bear Lane from SPID to Old Brownsville Road for the Base Bid Parts A, C, D, E, F, and G (BOND ISSUE 2008). (Motion No. M2011 -124) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). —65— H:IHOME \VeImaP1GENISTREET46463 BEAR LANELTESTING44 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION (continued): 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - focal). 4. December 9, 2009 — Administrative approval of Agreement for Geotechnical Engineering Testing Services with Rock Engineering of Corpus Christi, Texas in the amount of $14,300 for Bear Lane from SPID to Old Brownsville Road. 5. March 16, 2011 — Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet and Gutierrez Engineering, L.P. of Corpus Christi, Texas, in the amount of $10,620 for Bear Lane from SPID to Old Brownsville Road. 1-1MOME1VeImaPIGEN1STREET16463 BEAR LANEITESTINGI4 PRIOR PROJECT ACTIO S.doe EXHIBIT "B" Page 2 of 2 PROJECT BUDGET BEAR LANE FROM SPID TO OLD BROWNSVILLE ROAD (BOND ISSUE 2008) Project No. 6463 June 14, 2011 FUNDS AVAILABLE: Bond Issue 2008 CIA No. ST 15 $4,200,000.00 Storm Water 2,807,800.00 Water 2,730,200.00 Wastewater 216,200.00 Gas 113,800.00 Total $10,068,000.00 FUNDS REQUIRED: Construction (Haas - Anderson Construction, Ltd) ... $6,259,588.00 Contingencies 625,958.80 Consultant Fees: Consultant - (Coym, Rehmet and Gutierrez Engineering, L.P.) 1,081,450.00 * Testing - (Rock Engineering, Subsurface Investigation & Laboratory Testing)14,300.00 Testing - (Rock Engineering, Construction and Materials Testing) 62,145.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 172,138.67 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)... 219,085.58 Finance Issuance 78,244.85 Misc. (Printing, Advertising, etc.) 31,297.94 Total $8,544,208.84 * Construction Observation Services is included in Consultant, Coym, Rehmet and Gutierrez Engineering's, contract in the amount of $242,625. Estimated Project Budget Balance $1,523,791.16 H:1HOMEWeImaP4GEN\STREET56463 BEAR LANERESTINGI5 AGENDA PROJECT BUDGET -67- EXHIBIT "C" Page 1 of 1 Mproject \councilexhibits \exh6463.dwg CORPUS CHRis?T RAY PROJECT LOCATION Bear Lane from Old Brownsville Road to South Padre Island Drive C. FM 2.444 05D Creek LOCATION MAP NOT TO SCALE PROJECT # 6463 11a0. NAME EXHIBIT "D" BEAR LANE FROM OLD BROWNSVILLE ROAD TO SOUTH PADRE ISLAND DRIVE G8 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -14 -2011 igi c ■ 8 AGENDA MEMORANDUM Council Action Date: June 14, 2011 SUBJECT: Renewal of Parking Space Lease Agreement with 101 Shoreline Limited, 221 South Water Street, Corpus Christi AGENDA ITEM: Motion authorizing the City Manager or designee to renew a five -year Parking Space Lease Agreement with 101 Shoreline Limited for 150 parking spaces located at 221 South Water Street, necessary to support the Police Station and Municipal Court facilities, and approving monthly lease payments of $3,870.56 per month plus the City's share of utilities, property taxes, mowing, and parking lot maintenance. ISSUE: The City Police Station and Municipal Court Facility do not have sufficient on- site parking to meet the needs of the public and City employees. Only 140 of 262 parking spaces required by the Zoning Ordinance are available on site. Additional parking spaces had to be obtained offsite. The City has been leasing one hundred fifty (150) parking spaces since January 1991 at 221 S. Water Street. The current five -year lease expired on January 21, 2011 and needs to be renewed. The City is presently on a month to month lease with the landowner, 101 Shoreline Limited. FUNDING: Funds for this lease agreement are available in the FY2010 -2011 Police Department Operating Budget. REQUIRED COUNCIL ACTION: Passage of the motion as submitted. RECOMMENDATION: Approval of the motion as presented. Pete Anaya, P. E. Director of Engineering Services Peteanacctexas.com 361 -826 -3781 Attachments: Exhibit A. Exhibit B. Exhibit C. Background Information Location Map Lease Summary H:1HOME\EUSEBIOGIGEMAgenda Items\Police Parking Lot LeaselDurrill 20111MotionlAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Renewal of Parking Space Lease Agreement with 101 Shoreline Limited, 221 South Water Street, Corpus Christi, Texas BACKGROUND INFORMATION: The City purchased the vacated Central Power & Light Company (CP &L) Building at 120 N. Chaparral on October 7th, 1988 and converted it to the present Police Station and Municipal Court Facility. This building had a total of 140 on -site parking spaces. As per the City's Zoning Ordinance, 262 parking spaces were required for this size building in the B -5 zoning. The parking spaces were required either on -site or within 300 feet of the facility. The Police Department determined their actual need to be greater than the 262 spaces. There are 150 parking spaces available, which meet the 300 foot criteria, located two blocks south of the Police Station as shown on the attached Exhibit B. The property, whose address is 221 South Water Street, is owned by 101 Shoreline Limited. The City has utilized and leased these 150 spaces since January 1991 under four consecutive five - year lease agreements. The current lease expired on January 21, 2011. Negotiations between City staff and the landowner have extended beyond the expiration date. Both parties agreed to continue the lease on a month -to -month basis at $3,870.56 per month, which was the same rent amount paid on the final year of the expired lease. As shown in the table below, the new lease contains fixed rent payments of $3,870.56 per month or $46,446.72 annually for the next five years. However, the renewed lease will become a full triple net (NNN) lease which includes an expense for property taxes as shown in the table below and as stated in Section 8 of the attached Lease Summary, Exhibit C. In 2010, the total property tax paid by the landowner was $16,080.07. Since the City occupies 60% of the total property, it will now be responsible for its "proportionate share" or 60% of the total property tax bill which is $9,648.04. The payment will be phased in beginning in year two. For year one, the City will pay no property taxes, year two will be 30% of the proportionate share amount, year three will be 60 %, year four will be 90 %, and year five will be 100% or $9,648.04. The City will also pay for utilities (electrical service for area lighting and water far the lawn irrigation system), mowing /trimming, and parking lot maintenance which were included in the previous lease. Annual Expenses 2011 2012 2013 2014 2015 Fixed Rent, ($3,870.56 /mo.) 46,446.72 46,446.72 46,446.72 46,446.72 46,446.72 Utilities, water and electricity (avg.)1 700.00 700.00 700.00 700.00 700.00 Property taxes2 0.00 2,894.41 5,788.82 8,683.24 9,648.04 Mowing /trimmings 3,600.00 3,600.00 3,600.00 3,600.00 3,600.00 Parking lot maintenance' 0.00 0.00 1 ,000.00 1 ,500.00 2,000.00 ANNUAL TOTAL 50,746.72 53,641.13 57,535.54 60,929.96 62,394.76 Included in previous agreement. 2Added for proposed renewal. -72- EXHIBIT A Page 1 of 2 This parking location, which is well lighted and maintained, provides the spaces necessary for the general public which access Municipal Court, departmental employees, and police vehicles. Staff has looked for other alternative parking lots within the 300 feet radius, however none have been found containing sufficient spaces. The proposed lease amount reflects current market rental rate quotations obtained for parking spaces in downtown area which are at $25 to $35 per space per month. The lease will be administered by the Police Department. Staff proposes to enter into another five -year lease with 101 Shoreline Limited for these spaces. PRIOR COUNCIL ACTION: 1. October 30, 1990 — Motion authorizing the execution of a five -year Parking Lease Agreement with Trudihouse, a Joint Venture, for 150 parking spaces located at 221 S. Water Street. (Motion No. M90 -284) 2. January 9, 1996 - Motion authorizing the execution of a five -year Parking Lease Agreement with Trudihouse, a Joint Venture, for 150 parking spaces located at 221 S. Water Street. (Motion No. M96 -004) 3. February 13, 2001 - Motion authorizing the execution of a five -year Parking Lease Agreement with Trudihouse, a Joint Venture, for 150 parking spaces located at 221 S. Water Street. (Motion No. M2001 -056) 4. January 10, 2006 — Ordinance authorizing the renewal of a five -year Parking Space Lease Agreement with 101 Shoreline, Ltd., for 150 parking spaces located at 221 S. Water Street. (Ordinance No. 026595) FUTURE COUNCIL ACTION: None H :IHOMEIEUSEBIOGIGENIAgenda Items\Police Parking Lot LeaselDurrRI 20111Background Info.doc —73— EXHIBIT A Page 2 of 2 II I ROAD w L.1.1 I H 37 r_. NUECES BAY shp hQpii"ef IIEWArih z KJRGAN MESTINA T ( PROJECT SITE CORPUS CHRISTI BAY 1■ LOCATION MAP LOCATION x.Yc POLICE DEPARTMENT L/PAN ST. RTq/ E-7_9 :1e • CITY PROJECT No. 95020 oviv OPER iq PROPOSED PARKING AREA (150 SPACES) VICINITY MAP ! Trosc4Lc Es EXHIBIT "B" PARKING SPACE LEASE AGREEMENT DURRILL PROPERTIES (101 Shoreline, Ltd) 221 S. WATER ST. -74- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 WINIIW IMO SEM PARKING SPACE LEASE SUMMARY 221 S. Water Street, 150 Parking Spaces ( "Premises ") This Lease Agreement is entered between 101 SHORELINE, LTD., hereinafter referred to as the Lessor, and the CITY OF CORPUS CHRISTI, a Texas home rule municipal corporation, hereinafter referred to as the Lessee. Lessor agrees to lease to the Lessee the following: One hundred fifty (150) parking spaces on the open lot located on the property bounded by Kinney, Chaparral, Water, and Cooper's Alley streets in Corpus Christi, Nueces County, Texas, legally described as: Block 2, South Beach Addition as shown on "Attachment A" attached hereto and made a part hereof for all purposes. ( "Premises ") 1. TERM: The term of this Lease is for five (5) years, commencing on the 22nd day of the first month following the date this Lease is executed by the Lessee (the "Commencement Date "). 2. RENT: The Lessee agrees to pay the Lessor the sum of $3,870.56 per month as rent, which shall be due and payable without demand or notice on or before the twenty - second (22nd) day of each month during the term of this Lease, beginning on the Commencement Date. 3. USE: Except with the prior written consent of the Lessor, the Lessee shall use the Leased Premises as a parking lot only, and for no other purpose. 4. ASSIGNMENT: The Lessee may not assign this Lease or sublet any portion of the said Leased Premises without the written consent of the Lessor. 5. SURFACE MAINTENANCE: The Lessor agrees to keep the surface of the Leased Premises in good repair and maintenance during the term of this Lease Notwithstanding the foregoing, the Lessor will be solely responsible for the costs of surface maintenance and repairs during years one and two of the lease, and Lessee will be solely responsible for the costs of surface maintenance and repairs of the Leased Premises for years three through five. During years one and two, Lessor agrees to notify the Lessee, at least ten (10) working days, prior to conducting the surface maintenance and repairs to the Leased Premises. Notice shall be sent to the Corpus Christi Police Department, Attention: Maintenance and Operations Manager at 321 John Sartain, P.O. Box 9016, Corpus Christi, TX 78469. 6. MOWING AND GROUNDS MAINTENANCE: The Lessee will reimburse the Lessor for 60% of the total costs incurred by Lessor for mowing and maintaining the grounds of the EXHIBIT C Page 1 of 3 —75— Leased Premises, but not to exceed $300.00 a month. The Lessor shall invoice the Lessee promptly upon receipt of the invoice for the mowing and grounds maintenance of the Leased Premises. 7. UTILITIES: The Lessee will be responsible for its proportionate share of the electrical lighting bill and water bill for the Leased Premises. The Lessor shall invoice the Lessee for 60% of the combined cost of the electrical lighting bill and the water bill, Tess Twenty Dollars ($20.00) per month, which represents an allowance for the Lessor's sprinkler system. 8. PROPERTY TAXES: During years 2 -5 of this Lease, the Lessee shall be responsible for the following proportionate shares of the property taxes on the Leased Premises: Year 2: Year 3: Year 4: Year 5: 30% of the proportionate share 60% of the proportionate share 90% of the proportionate share 100% of the proportionate share 9. ALTERATIONS: The Lessee shall not make any alterations, additions, or structural changes to the Premises without the prior written consent and approval of the Lessor. Any alterations, additions, or structural changes, if approved, shall remain a part of the Premises at the conclusion of the term of this Lease. 10. INSURANCE: The Lessor agrees to maintain adequate insurance to protect against any injuries or damages sustained by individuals while upon the Leased Premises for which the Lessor may be legally responsible for. 11. DEFAULT REMEDIES: The Lessee hereby agrees that if the Lessee defaults in the payment of rent or violates any other covenant of this Lease, then this Lease may be forfeited at the Lessor's discretion if such default continues for a period of thirty (30) days after the Lessor notifies the Lessee in writing of any such default and the Lessor's intention to declare this Lease forfeited. Notice shall be sent to the Corpus Christi Police Department, Attention: Maintenance and Operations Manager at 321 John Sartain, P.O. Box 9016, Corpus Christi, TX 78469. Unless the Lessee has completely removed or cured the default within thirty (30) days of receiving such notice, this Lease shall cease and the Lessor shall be entitled to immediately re -enter and retake possession of the Premises. 12. TERMINATION: Either party may terminate this Lease by giving the other party six (6) months written notice. The Lessee agrees to surrender the Leased Premises upon the expiration or earlier termination of this Lease in good and properly repaired condition as existed on the Commencement Date of this Lease. 13.QUIET ENJOYMENT: As long as the Lessee performs all of the covenants and conditions of this Lease, the Lessee shall have peaceful and quiet enjoyment of the Leased Premises for the term of this Lease. EXHIBIT C Page 2 of 3 —76— 14. AUTHORIZATION: It is understood that this Lease is not binding on the Lessee until properly authorized by the City Council of the City of Corpus Christi, Texas and executed by the City Manager or designee. H:11•IOMEIEUSEBIOGIGEN\Agenda Ttems\Police Parking Lot Lease\Durrill 20111Lease Summary.doc EXHIBIT C Page 3 of 3 _7 7 _ 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 14, 2011 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Section 55 -446, Regarding Repeat Programming for Public Access Cablecasting; and Section 55 -447 Regarding Program Identification Requirements; Providing for Severance; and Providing for Publication. ISSUE: Update City ordinance regarding repeat programming to include up to three airings of a public access program in a given timeframe in an effort to reduce blank programming spots on public access channels and also to clarify that program identification tags must be in video, not audio, at the beginning of each program. REQUIRED COUNCIL ACTION: Update to the Rules and Procedures for Public Access Cablecasting requires City Council approval by Ordinance. PREVIOUS COUNCIL ACTION: A substantial set of updates came before the City Council from the Cable Communications Commission and were approved in December 2009. CONCLUSION AND RECOMMENDATION: Cable Communications Commission approved amending the Code of Ordinances regarding Repeat Programming for Public Access Cablecasting in and March 2011 with notice to Time Warner and now recommends approval by City Council. s ' IC m Womack Public Information Director KimW @cctexas.com 361 -826 -3211 Attachments Proposed Ordinance Changes Copies of Notification to Time Warner BACKGROUND INFORMATION The Cable Communications Commission meets monthly and reviews compliance of established rules and procedures for public access programming. The Commission provides City Council recommendations regarding changes as necessary. The last set of substantial changes to the Rules & Procedures for Public Access CableCasting occurred with a more simplified version recommended by subcommittee, approved commission and then ultimately approved by City Council in December 2009. In December 2010, the Channel 10 Public Access User Group (PAUG) President asked the Commission to consider the option of increasing repeat airings of programming to reduce the number of "dead air" or blank black spots on the public access channels, and also requested amendment to the Ordinance to clarify that program identification tags must be in video, not audio, at the beginning of each program. After creation and review of the proposed updates, the Commission approved the updates. Time Warner was given 60 days to comment or take action regarding proposed changes to the rules and procedures as required by the franchise agreement between the City of Corpus Christi and Time Warner Cable. The City received no formal notice of comments or changes proposed by Time Warner. 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, SECTION 55 -446, REGARDING REPEAT PROGRAMMING FOR PUBLIC ACCESS CABLECASTING; AND SECTION 55-447 REGARDING PROGRAM IDENTIFICATION REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 55-446 of the City Code of Ordinances, Subsection (k) is amended to read as follows: "Section 55 -446. How programs are scheduled and cablecast. (k) Producers will attend the time slot lottery as noted in (1) and (2) below. Two (2) cable communications commissioners who are not producers for the PAUG conducting the lottery will attend each lottery. Lotteries will be conducted as follows: (1) The spring lottery is conducted in the last seven (7) days of April with the new time slots actually beginning on the first Sunday in June. The PAUG board of directors shall determine the day and time of the lottery. (2) The fall lottery is conducted in the last seven (7) days of October with the new time slots actually beginning on the first Sunday in December. The PAUG board of directors shall determine the day and time of the lottery. (3) The public access time schedule will be broken into thirty- minute intervals. (4) Each producer will randomly draw a lottery number. (5) The lowest number will have the first choice of time slots and continuing until all numbers drawn have picked their first time slot. H :ILEG- IDIR \Lisa12011 OrdinancelPublic Access March 21 2011.doc —83— (6) 2 (A) After all producers have selected time slots for their first run shows, producers of weekly pro ams recltestint? a repeat showingll then select their time slots for one repeat cablecast in same or reverse order as the initial time slots were selected. If there are anLavailable time slots after the repeat schedule is established, then the PAUG Board of Directors shall select programming from a rotation list that is based on the primary lottery results, starting with the lowest number, for a third time slot, but only to the extent time slots are available. However, programming submitted after the lottery shall have precedence over third time slots. (B) A program may be cablecast as an original and repeated once in the same lottery period in the producer's allotted time slot, but not in consecutive weeks or months (back to back). A program may be cablecast as an original and repeated once in subsequent lottery periods. (7) Producers of monthly programs will have one (1) original cablecast to be repeated each week in the same allotted time slot for the remainder of the month. (8) One (1) lottery will be executed for Channel 10 by the Channel 10 PAUG and one (1) lottery executed for Channel 18 by the Channel 18 PAUG." H:1LEG- DIR \Lisa12011 ordinancelPublic Access March 21 2011.doc —84— 3 SECTION 2. That Section 55 -447 of the City Code of Ordinances, Subsection (h) is amended to read as follows: "Sec. 55 -447. Defined terms. * * * * "(h) Program identification — The tag at the beginning of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten seconds, in the aver video at the beginning of each program, or within the first 30 seconds. A tag at the end of the program is optional." SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:1LEG- DIR1Lisa12011 OrdinancelPubiic Access Mardi 21 2011.doc _$5_ That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick Linda Strong Priscilla G. Leal PASSED AND APPROVED, this the day of 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: June 1, 2011 By: d°,4v Lisa Aguil ssistant City Attorney for the City Attorney Joe Adame Mayor s � City of Corpus Christi PUBLIC INFORMATION OFFICE PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 - 880 -3211 Fax 361 -880 -3177 wwwcctexas.com January 31, 2011 Mr. Thomas Aguillon Director of Government Relations Time Warner Cable 750 Canyon Dr., Suite 500E Coppell, Texas 75019 Dear Mr. Aguillon, At the January 24, 2011 meeting of the Cable Communications Commission, the enclosed Rules & Procedures document regarding public access was passed. The franchise agreement with Time Warner allows for a 60 day review period for any changes or recommendations from Time Warner before proceeding to the City Council for final approval. If Time Warner would like any changes or agrees with the rules and procedures as presented, we would like a written conformation of such within the 60 days so we may proceed to City Council approval. If there are any questions or points of clarification Assistant Attorney Lisa Aguilar and I are available to discuss via email, phone or in- person meeting. Sincerely, Kim Womack Director of Public Information _87_ City of Corpus Christi LEGAL DEPARTMENT PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361- 880 -3360 Fax 361 -880 -3239 Municipal Court Prosecutor's Office 120 N. Chaparral Corpus Christi Texas 7840I Phone 361-886-2530 Fax 361 -886 -2567 Juvenile Court Prosecutor's Office 226 Enterprise Pkwy Suite 103 Corpus Christi Texas 78405 Phone 361- 826 -4014 Fax 361- 826 -4309 Police Legal Advisor 321 John Sartain Corpus Christi Texas 78401 Phone 361- 886 -2608 Fax 361 -886 -2634 www.cctexas.com February 22, 2011 Mr. Thomas Aguillon Director of Government Relations Time Warner Cable 750 Canyon Dr., Suite 500E Coppell, Texas 75019 Re: Amendment to City of Corpus Christi Public Access Cablecasting Rules and Procedures Dear Mr. Aguillon: At the February 21, 2011 meeting of the Corpus Christi Cable Communications Commission ( "Commission "), the Commission approved an additional amendment to the Ordinance to amend Public Access Cablecasting Rules and Procedures which had previously been provided to you via fetter dated January 31, 2011. The changes approved on February 21, 2011 were to change "third repeat" to "third time slot" on page 2 of the attached ordinance, in subsection (6) (A). The changes to the Ordinance which were previously provided to you via letter dated January 31, 2011 remain in place. Please see attached Ordinance which contains the changes approved at the January 24 Commission meeting as modified at the February 21 Commission meeting, Section 55 -448 of the City Code of Ordinances states that the City shall give any City franchised cable operator 60 days written notice of any proposed amendment to the Rules and Procedures for Public Access Cablecasting. If Time Warner has any concerns or is in agreement with these changes, we would like a written confirmation of such within the 60 days 50 we may proceed to City Council for consideration and approval. if you have any questions concerning these changes, please contact me by email at Iisaa@cctexas.com or telephone at (361) 826 -3378. We would appreciate your prompt attention to this matter. Sincerely, Lisa Aguilar Assistant City Attorney cc: Kim Womack, Director of Public Information Email to: Thomas.aguillon@tvvcable.com —88— 10 AGENDA MEMORANDUM AGENDA ITEM: June 14, 2011 Joint Public Hearing of the City Council and the Planning Commission regarding a city -wide zoning map amendment. First reading of an ordinance amending the Zoning Map to include the new Unified Development Code zoning district names in place of the existing zoning district names and incorporating amended map into said code; providing for any special permits; amending the comprehensive plan to account for deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication and an effective date. ISSUE: The City Council adopted the Unified Development Code on May 10, 2011. The Unified Development Code replaces the names of the existing zoning districts with new zoning district names. An amendment to the zoning map is required in order to rename the existing zoning districts to conform to the new Code. Pursuant to Section 211.007 of the Texas Local Government Code, the City Council may, by a two- thirds vote, prescribe the type of notice to be given and the time and place of a public hearing held jointly by the City Council and the Planning Commission to consider adoption of the city -wide map amendment. Pursuant to the Ordinance adopting the Unified Development Code, the City Council determined that effective notice containing the time and place of such public hearing shall be provided by publication of notice three times in a local newspaper of general circulation within the City prior to the public hearing with the last day of publication being before the fifteenth (15th) day prior to the public hearing. Effective notice was published in the Corpus Christi Caller Times on Saturday May 21, 2011, Wednesday, May 25, 2011, and Sunday, May 29, 2011. A joint public hearing is required prior to the Planning Commission recommendation and City Council consideration of the Ordinance amending the Zoning Map. The sequence of events under this item will begin with seating and calling to order the Planning Commission and the City Council. This will be followed by opening of the public hearing for public comment. The public hearing will be closed after public comment is complete. The Planning Commission will then consider the public comment and vote on a recommendation of the zoning map amendments to the City Council. The City Council will then consider the Planning Commission's recommendations and vote on the adoption of the ordinance. STAFF RECOMMENDATION: Staff recommends approval of the Ordinance. REQUIRED COUNCIL ACTION: Conduct Joint Public Hearing with Planning Commission, and after recommendation of Planning Commission consider passage of the ordinance on its first reading. Juan Perales, •, P.E. Assistant City Manager Departments of Engineering and Development Services Email: JohnnyP@cctexas.com Phone: (361) 826 -3828 Attachments: Exhibit A Ordinance _92- AN ORDINANCE AMENDING THE ZONING MAP TO INCLUDE THE NEW UNIFIED DEVELOPMENT CODE ZONING DISTRICT NAMES IN PLACE OF THE EXISTING ZONING DISTRICT NAMES AND INCORPORATING AMENDED MAP INTO SAID CODE; PROVIDING FOR SPECIAL PERMITS; 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 AN EFFECTIVE DATE. WHEREAS, the City Council adopted and approved the Unified Development Code which will become effective on July 1, 2011; and WHEREAS, the Unified Development Code includes new zoning district names which replace the existing zoning district names; and WHEREAS, an amendment to the Zoning Map is required in order to include the new Unified Development Code zoning district names in place of the existing zoning district names; WHEREAS, with proper notice to the public, a joint public hearing of the Planning Commission and the City Council was held on Tuesday, June 14, 2011, 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, 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, THAT: SECTION 1. The official Zoning Map of the City of Corpus Christi is hereby amended by replacing the existing zoning names listed in the left -hand column of the table below with the new zoning district names listed in the right -hand column of the table. IT 0 4t aaY k t 'fk�vi � . t Jb ..,r i c! Residential.Districts FR Farm -Rural FR Farm Rural RE Residential Estate RE Residential Estate RA One - Family Dwelling RS -15 Single - Family 15 R -1A One - Family Dwelling RS -10 Single - Family 10 R -1 B One - Family Dwelling RS -6 Single- Family 6 R -1C One - Family Dwelling RS -4.5 Single- Family 4.5 R -TH Townhouse Dwelling RS -TH Townhouse SECTION 2. Any person who has a special permit under the existing zoning regulations will continue to have a special permit under the new Unified Development Code subject to the same terms and conditions. SECTION 3. The official Zoning Map of the City of Corpus Christi, as amended from time to time, and as further amended herein at Section 1, shall remain in full force and effect and shall serve as the Zoning Map for the Corpus Christi Unified Development Code as referenced in Subsection 4.1.2 of said Code and become part of said Code. SECTION 4. To the extent that this amendment to the Zoning Map represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to this ordinance. H: 1LEG- DER \SharedLLEGAL- DEV.SVCSIUDC Project\Map Amendmmn4Stuffl6 -2 -I 1 Ord Amending Zoning MapDWBFinal,docx R -2 Multiple Dwelling RS -TF Two - Family A -1 Apartment House RM -1 Multifamily 1 A -1A Apartment House RM -2 Multifamily 2 A -2 Apartment House RM -3 Multifamily 3 AT Apartment Tourist RM -AT Multifamily AT T-1B Manufactured Home Park Manufactured Home T -1C Manufactured Home Sub- division RMH �,W 74- C �' AB } lY {�a+'', K 1 ��',�fy +� 1 �`c' ,P:i"C'Y`4. '�'Y�.NTr. �'�i f1 �C� ' di" ^_N }t�''vf[>= '"a 4'.,qp '""c T { ➢iy Y.1`O � 7`"Y Professional Office ON Office B -1 Neighborhood Business CN -1 Neighborhood Commercial B -1A Neighborhood Business CN -2 Neighborhood Commercial B -2 Bayfront Business CR -1 Resort Commercial B -2A Barrier Island Business CR -2 Resort Commercial BD Corpus Christi Beach Design CR -3 Resort Commercial B -3 Business & General Business CG -1 General Commercial B -4 Business & General Business CG -2 General Commercial B -5 Primary Business CI Intensive Commercial B -6 Primary Business Core CBD Downtown Commercial 1 -1 Limited Industrial BP Business Park 1 -2 Light Industrial IL Light Industrial 1 -3 Heavy Industrial 1H Heavy Industrial T -1A Travel Trailer Park , RV Recreational Vehicle Park -PUD PUD -1 and PUD -2, Planned Unit Development Planned Unit Dev, Overlay HC -I, HC -II, HC -I11, HC -IV, HC-F, HC -A Historic Overlay -H Historic Overlay SP Special Permit -SP Special Permit -10 Island Overlay -10 Island Overlay SECTION 2. Any person who has a special permit under the existing zoning regulations will continue to have a special permit under the new Unified Development Code subject to the same terms and conditions. SECTION 3. The official Zoning Map of the City of Corpus Christi, as amended from time to time, and as further amended herein at Section 1, shall remain in full force and effect and shall serve as the Zoning Map for the Corpus Christi Unified Development Code as referenced in Subsection 4.1.2 of said Code and become part of said Code. SECTION 4. To the extent that this amendment to the Zoning Map represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to this ordinance. H: 1LEG- DER \SharedLLEGAL- DEV.SVCSIUDC Project\Map Amendmmn4Stuffl6 -2 -I 1 Ord Amending Zoning MapDWBFinal,docx SECTION 5. All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or the requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the current Zoning Ordinance of the City of Corpus Christi. 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. The amendment of the Zoning Map in the manner provided in Section 1 above shall take effect on the 1st day of July, 2011. Signatures found on next page. H:1 LEG- DIRIShared\LEGAL- DEV.SVC51UDC Prnject\Map AmendmeetAtuff16-2 -11 Ord Amending Zoning 1V1apDWBFinal.docx That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick Linda Strong Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form June 2, 2011. For City Attorney, Carlos Valdez eborah Walther ;1 n Assistant City Attorney For City Attorney Joe Adame Mayor H:1 LEG- DIRIShared\LEGAL- DEV.SVCS1UDC Project\Map Amendmgretufi16- 2 -11 0rd Amending Zoning MapDWBFinal.docx 11. AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING -- ZONING (City Council Action Date: June 14, 2011) Case No. 0511 -01: June 14, 2011 Martin Soft: A change of zoning from the "R-113" One - family Dwelling District to the "B -4" General Business District. not resulting in a change of future land use. The property to be rezoned is Jerry Place, Lot 1, located along the south side of Gollihar Road, east of Christie Street. Planning Commission's and Staff's Recommendation: Denial of the applicant's request for a change in zoning from the "R-1B" One - family Dwelling District to the 6B -4" General Business District, and in lieu thereof, approval of a'B -1 /SP" Neighborhood Business District with a Special Permit for an auto parts store and the following seven (7) conditions: 1.) Uses: All uses allowed in the "B -1" Neighborhood Business District, plus the auto parts sales use not to exceed 4,200 square feet in gross floor area. 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: Construction of a solid screening along the western and southern property lines shared with single - family residents. 4.) Lighting: All overhead lighting shall be shielded and directed away from adjacent properties. 5.) Dunnpsters: No dumpsters shall be stored along property lines abutting existing single - family residences. 8.) Hours of Operation: Hours of operation shall be 7:00 a.m. to 9:00 p.m. All deliveries must occur within this time frame as well. 7.) Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. Juan Perales, Jr., ".E. Assistant City Ma agar 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:4PLN- OIRISHAREI}lt. PLANNING COMMISSION12011 CC4IUNE 201114511.o1 MAF[TIN SC/L.210511-CH AGENDA MEMO.00C -100- CITY COUNCIL ZONING REPORT Case No.: 0511 -01 Planning Commission Hearing Date: May 11, 2011 Applicant: Martin Soliz Owner: Martin Soliz Representative: Charlie Simms Legal Description/Location: Jerry Place, Lot 1, located along the south side of Gollihar Road, east of Christie Street. From: "R -1B" One - Family Dwelling District To: "B-4" General Business District Area: 0.435 Acres Purpose of Request: Allow for the construction and operation of a retail auto parts store. I °x0 a . �, N b to I A a W Street Existing Zoning District Existing Land Use Future Land Use Site "R48" One - family Dwelling District Residential Commercial North "R -1B" One - family Dwelling District & "B -1" Neighborhood Business District Low Density Residential Commercial South "R -1B" One - family Dwelling District Low Density Residential Low Density Residential East "R -1B" One - family Dwelling District & "B -1" Neighborhood Business District Public/Semi-Public Commercial West "R -1B" One - family Dwelling District Low Density Residential Low Density Residential 1:4 o oi Area Development Plan: The subject property is located in the Southeast Area Development Plan (ADP) and is planned for a commercial use. The proposed change in zoning to the "B -4" General Business District is consistent with the Southeast ADP and the adopted Future Land Use Map. Map No.: 047,039 Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the `B-4" General Business District is to allow for the construction and operation of a retail auto parts store. • Transportation and Circulation: The Subject Property fronts upon Gollihar Road, a designated "Al" Minor Arterial. reet D.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic V2008 e Gollihar Rd. 95' R.O.W., 64' paved No Change "Al " Minor Arterial 11,512 • Relationship to Smart Growth: The proposed rezoning has positive implications relating to smart growth. The proposed development will build within an existing commercial building and expand the potential for further economic capabilities. The project provides use of existing infrastructure and contributes to —101— City Council Zoning Report Case No. 0511 -01, Martin Soliz Page 2 walkable communities basted on the variety of transportations choices. The change of zoning will allow for the increase of a retail store and provide avenues for further economic development. • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Southeast Area Development Plan (ADP) slates the subject property for commercial uses. The proposed change in zoning is consistent with the Southeast ADP and the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southeast ADP encourage commercial development including adjacent to residential properties. However, the ADP and Comprehensive Plan encourage methods such as, screening of the building and lighting to minimize and mitigate the impacts of commercial uses. Plat Status: The subject property is platted. Department Comments: • Based on the adjacency of single family homes, Staff is recommending a denial of the change of zoning request and recommending a Special Permit be granted with additional conditions to protect the interests of the single family residential neighborhood. Commercial uses may generate excessive noise levels and the bleeding effect of overhead lights upon adjacent residential properties. A special permit would present the opportunity to protect the adjacent residential properties via additional regulations tied to the change of zoning. • , The applicant expresses that the number of employees will be approximately 13 and the hours of operation of the retail store will be 8 a.m. to 6 p.m. Planning Commission's and Staff's Recommendation: Denial of the change of zoning to the `B-4" General Business District, in lieu thereof, approval of a "B -1 /SP" Neighborhood Business District with a Special Permit based on the following seven (7) conditions: 1. Uses: All uses allowed in the "B -1" Neighborhood Business District, plus the auto parts sales use not to exceed 4,200 square feet in gross floor area. 2. Landscaping: Landscaping must be provided in accordance with Article 27B Landscape Requirements as if new construction in the `13-1" Neighborhood Business District. 3. Screening: Construction of a solid screening along western and southern property lines shared with single family residences. 4. Lighting: All overhead lighting shall be shielded and directed away from adjacent properties. 5, Dumpsters: No dumpsters or shall be stored along property lines abutting existing single - family residences. 6. Hours of Operation: Operation shall occur between the hours of 7:00 A.M. to 9:00 P.M. All deliveries must occur within this time frame as well. 7. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. —102— City Council Zoning Report Case No. 0511 -01, Martin Soliz Page 3 a o v Number of Notices Mailed Total -- 24 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For O %As ofMay2,2011 Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site -- Existing Land Use 4. Site — Future Land Use H:1PLN- DIRISHAREDII. Planning Commission12011 CCUume 2011\0511.0I Martin So1izICC Zoning Report 0511 -01, Martin Soliz (R -1 B to B- 4).doc -103- V1RGIN PL,3EyE I It P AC NODE TR +EX LS'RRY PLACE 13 - CASE: 0511 -01 1. SUBJECT PROPERTY Subject Property SUB CT PR E•T,! LOCATION MAP CASE: 051 1 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A 1 Aparhnent House District A-IA Apartment House Dlsmct A-2 Apartment HouseD15dc1 AB Protesslom& Office Ofattict AT ApaNnent- TouristDisWct B-1 Neighborhood Business CSalricl B-1A Neighborhood Business District B-2 Sayfront Business District 12-2AA Banter Island Business District B-3 Business DisIrisl 8.4 Clans& Business District 8-5 Primary Business District B-6 Primary Business Cos District BD Corpus Christi Beach Design DIsl. F-R Farm Rural District HC Historical - Cultural Landmark Preservation 1-1 Limited fndushiel District 1-2 Light Industrial Midst 1-3 Heavy lndrrslrial District PUD Planned Unit Dev&opment R-1 A One Family Dwelling Dlrariot R-16 One Famiy Dwelling District R -1 C One Primly Dwelling Dlshlet R -2 Multiple Dw &ling District RA One Family Dwelling District RE Resldanliaf Estate Dishid R-TH Townhouse Dwelling District SP Sped& Permit T 1A Travel Trailer Perh District T-1B Manufactured Home Park District T 1C Manufactured Hume Subdivision District Subject Propery Owners with 200' buffer in favor 4 Ownars within 2110' dated on V Owners attached ownership tebte A in opposition -1US- CASE: 0511 -01 3. SITE- EXISTING LAND USE m Estate Residential m Light industrial LDR Low Density Res. ® Heavy industrial tEbW1 Med Density Res. -7 Public Semi - Public HDR High Density Res. ® Park ® Mobile Home 0 Drainage Corridor Vacant m Conservation/Preservation Po Professional Office m Water FflM Commercial Map Scale: 1 :2,400 SUB CT PRO Tl LOCATION MAP m LDR CASE: 0511 -01 4. SITE- FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. igffl Med Density Res. High Density Res. Mobile Home Vacant Professional Office ® Commercial Transportation Plan Existing Pm:wed Expressways ■r.mai Arterials - - - - - Collectors - - -- IM. Parkway 000 Railroad I- MAC m m F.i DP Tourist Research/BusIness Park Light industrial Heavy Industrial Publlc Semi- Public Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale: 1:2,400 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall May 11, 2011 5 :30 P.M. COMMJSSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Absent* James Skrobarczyk Johnny R. Martinez Evon J. Kelly John C. Tamez Govind Nadkarni *Armed at 5 :3$ p.m.* Mark Adame *Arrived at 5 :34 p.m.* John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & Development Services *Arrived at 5 :35p.m * Miguel S. Saidana, AICP, Senior City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney *Arrived at5:38p.m* Ashley Satterfield, Recording Secretary Robert Payne, AICP, Senior City Planner Si usted quiere dirigirse a la comision y su ingles es Iimitado, 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. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning Mr. Dimas presented Case No. 051 1 -01 Martin Soliz and staff recommended denial of the change of zoning from the "R -1B" One - family Dwelling District to the "B -4" General Business District, and in Lieu thereof, approval of the "B -I /SP" Neighborhood Business District with a Special Permit and seven (7) conditions. a. Case No. 0511 -01 Martin Soliz: A change of zoning from the "R -1B" One family Dwelling District to the `B -4" General Business District, not resulting in a change of future land use. The property to be rezoned is Jerry Place, Lot I, located along the south side of Gollihar Road, east of Christie Street. Comrissioner Skrobarczyk requested a larger aerial be provided to allow the Commission to view the surrounding properties. The public hearing was opened. Charlie Simms, applicant's representative, came forward and stated the proposed business was not auto retail and the applicant did not agree with staff's recommendation. Commissioner Tamez inquired about the requirements to protect the adjacent residential properties and Mr. Dimas stated a 6 -foot solid screening fence as well as shielded lights were required. Commissioner Skrobarczyk asked about the details of the Special Permit, i.e. hours of operation and delivery schedules. Mr. Simms answered the owner was flexible with the hours of operation. A brief discussion was held on the conditions of the Special Permit. —108— Planning Commission Minutes May 11, 2011 Page 2 Commissioner Taylor inquired about the square footage requirement and Miguel Saldafia, Development Services, explained that a Special Permit was needed to allow the 4,200 square feet of gross area. The public hearing was closed. Motion to approve staffs recommendation was made by Commissioner Skrobarczyk and seconded by Commissioner Kelly. Motion passed unanimously with Vice - Chairman Huerta absent. Commissioner Taylor requested clarification on the square footage issue and Mr. Saldana stated the `B -1" Neighborhood Business District did not allow more than 3,000 square feet of gross area for an auto parts store. Staff did not want to grant a more intense commercial district to accommodate the 4,200 square feet of gross area because of the adjacent residential. Staff determined that a Special Permit would satisfy the applicant's request and also protect the residential districts. 4PLN- D1kLSHAREDIL. PLANNING COMM1SSLON52DI 1 CCUUNE 201110511 -01 MARTIN SOL1Z10511.0I MINUTES EXCERPT.DOC -109- Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARTIN SOLIZ, BY CHANGING THE ZONING MAP IN REFERENCE TO JERRY PLACE, LOT I, FROM THE "R -1B" ONE - FAMILY DWELING DISTRICT TO THE "B-1/SP" NEIGHBORHOOD BUSINESS DISTRICT WITH A SPECIAL PERMIT FOR AN AUTO PARTS STORE AND SEVEN (7) CONDITIONS, NOT RESULTING IN A CHANGE OF FUTURE LAND USE; 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 Martin Soliz, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 11, 2011, during a meeting of the Planning Commission, and on Tuesday, June 14, 2011, 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, 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 Jerry Place, Lot 1, located along the south side of Gollihar Road, east of Christie Street, from the "R-1B" One - family Dwelling District to the "B -1 /SP" Neighborhood Business District with a Special Permit for an auto parts store and seven (7) conditions, not resulting in a change of future land use (Zoning Map 047,039) (Exhibit A -"Planning Commission's and Staffs Recommendation "). SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 1.) Uses: All uses allowed in the "B -1" Neighborhood Business District, plus the auto parts sales use not to exceed 4,200 square feet in gross floor area. 2.) Landscaping: Landscaping must be provided in accordance with Zoning Ordinance Article 27B Landscape Requirements as if new construction in the "B- 1" Neighborhood Business District. 3.) Screening: Construction of a solid screening along the western and southern property lines shared with single - family residences. H: ILEG- DIRIShared1LEGAL- ❑EV.SVCS12011 Agendal6- 14- 11IMartin oliz106 -01- 11.0511 -01 Ordinance (PC REQ, R -1 B to B- 1SP)DWBFinal.doc —110— Page 2 of 4 4.) Lighting: All overhead lighting shall be shielded and directed away from adjacent properties. 5.) Dumpsters: No dumpsters shall be stored along the property lines abutting existing single - family residences. 6.) Hours of Operation: Hours of operation shall be 7:00 a.m. to 9:00 p.m. All deliveries must occur within this time frame as well. 7.) Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for 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 , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi H:1LEG- DIRIStiared \LEGAL- DEV.SVCS12011 Agenda16- 14- 11 \Martin Soliz106 -01- 11.0511 -01 Ordinance (PC REQ, RAH to B- 1 SP)DWSFinal.doc —1 11— Jf APPROVED AS TO FORM: This / day of cim7-414., orah Walther Brown ssistant City Attorney For City Attorney ,2011 Page 3 of 4 H:I LEG- DIRIShared \LEGAL- DEV.SVCS12011 Agenda16- 14-11 \Martin SoIiz106 -01- 11.0511 -01 Ordinance (PC RBQ, R-1 B to B- 1SP)DWBFinal.doc — 112— Page 4 of 4 Corpus Christi, Texas day of , 2011 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, City of Corpus Christi 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 Linda Strong H: ILEG- DIRIShared\LEGAL- DEV.SVCS12011 Agenda16- 14 -111Ma in Saliz106 -01- 11.0511 -01 Ordinance (PC REQ, R -1Bto B- 1 SP)DWBFinal.doc 1 CASE: 0511 -01 EXHIBIT A PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION FROM: R-I B TO: B-1/SP ORDINANCE NO. LOCATION MAP my E City of Corpus CAF 12 AGENDA MEMORANDUM AGENDA ITEM: PUBLIC HEARING — ZONING (City Council Action Date: June 14, 2011) Case No. 051 1 -02: June 14, 2011 Ronnie King on behalf of T.R. Walsh, Jr., in his capacity as trustee of the Jerry L. Dean, Jr. Irrevocable Trust: A change of zoning from the "B -4" General Business District to the "1-3" Heavy Industrial District, resulting in a change of future land use from a commercial use to a heavy industrial use. The property to be rezoned is Ebony Acres, Lot 1 and the east 65 feet of Lot 2, located at the southwest corner of Leopard Street and McBride Lane. Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change of zoning from the "B-4" General Business District to the "1 -3" Heavy Industrial District. REQUIRED COUNCIL ACTION: Consideration of approval of Planning Commission's and Staff's recommendation. Juan Perales, J'r., 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- DIRISHAREDI1. PLANNING COMMISSION12011 CC\JUNE 201110511 -02 RONNIE KING10511 -02 AGENDA MEMO.DOC -117- CITY COUNCIL ZONING REPORT Case No.: 0511 -02 Planning Commission Hearing Date: May 11, 2011 Applicant & Legal Description Applicant: Ronnie King Owner: Dean Irrevocable Trust Representative: The Clower Company Legal Description/Location: Ebony Acres, Lot 1 and the east 65 feet of Lot 2, Iocated at the southwest comer of Leopard Street and McBride Lane. Zoning Request From: "B -4" General Business District To: "I -3" Heavy Industrial District Area: 1.36 Acres Purpose of Request: Allow for retail sales and leasing of above ground fuel storage tanks. Existing Zoning and Land Uses Traffic Volume 2008 Existing Zoning District Existing Land Use Future Land Use Site "B -4" General Business District Commercial Commercial North "R -1B" One - family Dwelling District & "B-4" GeneraI Business District Commercial & Low Density Residential Commercial & Low Density Residential South "I -3" Heavy Industrial District Heavy Industrial Heavy Industrial East "I -2" Light Industrial District Commercial Commercial West "B -4" General Business District Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for a commercial use. The proposed change in zoning to the "I -3" Heavy Industrial District is not consistent with the Westside ADP and the adopted Future Land Use Map. Map No.: 051,045 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the "I -3" Heavy Industrial District is to allow for retail sales and leasing of above ground fuel storage tanks. • Transportation and Circulation: The Subject Property fronts upon two streets: Leopard Street a designated "Al" Minor Arterial and McBride Lane a designated "Cl" Minor Collector. IStreet R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Trans. Plan Type Traffic Volume 2008 Leopard St. 95' R.O.W., 64' paved No Change "Al" Minor Arterial 12,841 McBride Ln. 60' R.O.W., 40' paved No Change "Cl" Minor Collector NIA • Relationship to Smart Growth: The proposed rezoning has positive implications relating to smart growth. The proposed development will build within an existing commercial building and expand the potential for further economic capabilities. The project provides use of existing infrastructure and contributes to transportation efficiency based on the variety of transportations choices available. —1 1 $-- City Council Zoning Report Case No. 0511 -02, Ronnie King Page 2 • Comprehensive Plan & Southeast Area Development Plan Consistency: The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property for commercial uses. The proposed change in zoning is not consistent with the Westside ADP and the adopted Future Land Use Map of the Comprehensive Plan. The proposed development is not directly adjacent to residences. However, less than one block to the north across Leopard Street is the single - family residential subdivision of Ebony Acres. Placing a very intense Industrial use is too close to residences and does not fit with the character of the commercial corridor of Leopard Street. Screening options would need to be employed to minimize the impact of an industrial use. Plat Status: The subject property is platted. Department Comments: • The subject property is in a commercial corridor of Leopard Street versus an industrial area. Leopard Street does have some industrial qualities. However, it may prudent to set industrial uses off of Leopard Street and use commercial operations as visual buffers. . Plannin# Commission's and Staff's Recommendation: Approval of the change of zoning to the "1-3" Heavy Industrial District. Number of Notices Mailed Total — 29 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0% As of June 2, 2011 Attachments: 1. Site — Subject Property 2. Site — Existing Zoning, Notice Area, & Ownership 3. Site — Existing Land Use 4. Site — Future Land Use H:1PL[V- DIRISHAREDII. Planning Commission12011 CCUune 2011\0511 -02 Ronnie King\CC Zoning Report 0511 -02, Ronnie King (B -4 to 1- 3).doc —119— AI.L ADE 1 80 R 79 -I8 78 77 76 '�I7 74 9 6-A 70 71 72 73 -E 73 -D 73 -C ..* -4 R .S SUBJECT B. - 4 PRDPER Y 0 C 5 -A CI a Co W . 5 -6 z 4 73 -8 73-A 3 9 MCBRID 8A 8B COMMERCIAL SITES 7 I -2 6 LEOPARD sT 28 27 26 16 LAN TA 1 -D 1 -C 1 -B WICRRIDE PARTITION 0 A trot .P A.14FA 1F I -3 1 -A 8 eet 29 30 31 25 24 23 32 22 33 34 21 35 20 04/27/ 011 -reps By SHR 0 •arrmenrofaerelopm MServlces CASE: 0511-02 1. SUBJECT PROPERTY Subject Property SUBJECT PROPERTY JLOCATION MAP gGNES City of Corpus Christi -120- AL.L AVE 1 80 R 79 - IB 78 77 76 '� dd 7P 74 69 70 6-A 71 72 73 -E 73 -D SUBJECT B PRDPER..TY CC 5-A O LU W W 5 -B 16 4 73 -8 73 -C 737A 0 1 -D 3 11 2 2 -B 9 MCBRfD 8A COMME+ CIAL SITES 7 1 -2 6 L1 OPARD ST 14 28 27 26 LA.I+iTANA IND AREA 1CBRIDE PARTIT 0 fON 1P 400 '.3 1-A Feet 1529 16 30 17 25 0. ltninilll..lr 24 23 32 22 33 34 21 35 20 :d w V C4- 04127/5011 raga By: `?ti De•artmentofDeveto • m ntSemces CASE: 0511 -02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 A-1A A-2 AB AT B-1 B-1A B-2 B-2A B -9 B-4 B -5 B-5 BD F -R HC Apartment House District Apartment House District Apartment House District Professional OtHce Diskict Apartment - Tourist District Neighborhood Business District Neighborhood Business District Beyfront Business District Banter island Business District Business District General Business District Primary Business District Primary Business Care District Corpus Christi Beech Design Dist. Farm Rural District Historical- Cultural Landmark Preservation 1 -1 1-2 1 -3 PIED R -1 A R-113 R -1 C R -2 RA RE R -TH 5P T -1A TAB 3 -1C Limited Industrial District Light Industrial District Heavy Industrial District Manned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling District Miri11p's Dwelling District One Family Dwelling District Residential- Estate District Townhouse Dwelling District Special Permit Travel Trailer Park District Manufactured Home Park District Manufactured Home Subdivision District Subject Property et Owners with 200' buffer in favor 4 Owners within 200' fisted on V Owners attached ownership fable P. in apposition SUBJECT PROPERTY —AGNES ��1rlNE5 beta LOCATION MAP 1 City of Corpus Christi -121- LDR LDR LDR R ' 1 B LDR LDR AB. COM COM LDR LDR PO ;OM VAC VAC COM COM VAC VAC VAC COM COM COM VAC SUBJECT B eRO E_A COM O VAC it w VAC 4 COM VAC LI LI LI VAC VAC COM Li LI 400 I -3 LI LI 8 VAC VAC LI COM LI 1 -2 LI MH l:,EOPA.RD $T PSP COM eet LI LI LI COM COM MDR LI LDR LI LI LI LI LI LI LI LI M C C A M P B. E L L Li VAC HI 1 04/27! 011 11 prepared By: Department of Davefopmdnt Seiv e LDR HDR LEI CASE: 051 1 -02 3. SITE- EXISTING LAND USE Estate Residential m Light Industrial Low Density Res. 1 Hi 1 Heavy Industrial Med Density Res. 1 Public Seml- Public High Density Res. 77.1 Park Mobile Home DC Drainage Corridor Vacant 1. CP Conservation/Preservation Profession! Office InD Water Commercial Map Scale: 1:2,400 ILOCATI9N MAP -{22- -ALL AVE COM COM S BJECT B'4 PRDPERT COM D u.14 z H1 Hi HI COM LI 1-2 PSP COM 400 H1 a 1 -3 800 w.= HI COM MDR W E4 HI CJ 2 HI HI 0411274011 Prepar- • ay: 24iM m tSerdces De • ailment of Deveb m m 1ND UZI t COM CASE: 0511 -02 4. SITE FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Existing Proposed i Expressways toed Arterials --- Collectors - ON Parkway 000 -I+H+ Railroad 4+11-1- m DP 1 Tourist Research/Business Park Light industrial Heavy industrial Public Seml - Public Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale: 1:2,400 kllgIIIIIIIL__ "Y SUBJECT PROPERTY 3 GNES �J„GNE3 CCMA (LOCATION MAP City of Corpus / -123- MR R- 1 8 AB B COM COM COM S BJECT B'4 PRDPERT COM D u.14 z H1 Hi HI COM LI 1-2 PSP COM 400 H1 a 1 -3 800 w.= HI COM MDR W E4 HI CJ 2 HI HI 0411274011 Prepar- • ay: 24iM m tSerdces De • ailment of Deveb m m 1ND UZI t COM CASE: 0511 -02 4. SITE FUTURE LAND USE Agricultural/Rural Estate Residential Low Density Res. Med Density Res. High Density Res. Mobile Home Vacant Professional Office Commercial Transportation Plan Existing Proposed i Expressways toed Arterials --- Collectors - ON Parkway 000 -I+H+ Railroad 4+11-1- m DP 1 Tourist Research/Business Park Light industrial Heavy industrial Public Seml - Public Park Drainage Corridor Dredge Placement Water Conservation/Preservation Map Scale: 1:2,400 kllgIIIIIIIL__ "Y SUBJECT PROPERTY 3 GNES �J„GNE3 CCMA (LOCATION MAP City of Corpus / -123- MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers - City Hall May 11, 2011 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *Absent* James Skrobarczyk Johnny R. Martinez Evon J. Kelly John C. Tamez Govind Nadkarni *Arrived at 5:38 p.m. * Mark Adame *Arrived at 5:34 p.m.* John Taylor STAFF: Johnny Perales, P.E., Assistant City Manager, Engineering & DeveIopment Services *Arrived at 5:36 p.m,* Miguel S. Saldana, AICP, Senior City Planner Andrew Dimas, City Planner Deborah Brown, Assistant City Attorney *Arrived at 5:38 p.m.* Ashley Satterfield, Recording Secretary Robert Payne, AICP, Senior City Planner 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. III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning Mr. Dimas presented Case No. 0511 -02 Ronnie King and staff recommended approval of the change of zoning from the `B-4' General Business District to the "1 -3" Heavy Industrial District. b. Case No. 0511 -02 Ronnie King: A change of zoning from the "B-4" General Business District to the "I -3" Heavy Industrial District, resulting in a change of future land use from a commercial use to a heavy industrial use. The property to be rezoned is Ebony Acres, Lot 1 and the east 65 feet of Lot 2, located at the southwest corner of Leopard Street and McBride Lane. Commissioner Tamez inquired about the public and semi - public property located east of the subject property and Mr. Dimas stated public and semi - public district were typically banks, churches and school but that specific site was the City's sign repair facility. Commissioner Nadkarni commented that the subject property was a former storage site for tanks and Chairman Garza added that the site was also an old gas station before it was storage. The public hearing was opened with no one coming forward in favor or in opposition. The public hearing was closed. Motion to approve the change of zoning was made by Commissioner Skrobarczyk and seconded by Commissioner Taylor. Motion passed unanimously with Vice - Chairman Huerta absent. H:1PLN- DIR\SHAREDIi. PLANNING COMMISSIONL011 CCUUNE 201110511 -02 BONNIE KINGS05I 1 -02 MINUTES EXCER.n.DOC —124— Page 1 of 3 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RONNIE KING ON BEHALF OF T.R. WALSH, JR., IN HIS CAPACITY AS TRUSTEE OF THE JERRY L. DEAN, JR. IRREVOCABLE TRUST , BY CHANGING THE ZONING MAP IN REFERENCE TO EBONY ACRES, LOT 1 AND THE EAST 65 FEET OF LOT 2, FROM THE "B-4" GENERAL BUSINESS DISTRICT TO THE "1-3" HEAVY INDUSTRIAL DISTRICT, RESULTING IN A CHANGE OF FUTURE LAND USE FROM A COMMERCIAL USE TO A HEAVY INDUSTRIAL USE; 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 Ronnie King, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, May 11, 2011, during a meeting of the Planning Commission, and on Tuesday, June 14, 2011, 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, 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 Ebony Acres, Lot 1 and the east 65 feet of Lot 2, located at the southwest comer of Leopard Street and McBride Lane, from the "B-4" General Business District to the "l -3" Heavy Industrial District, resulting in a change of future land use from a commercial use to a heavy industrial use (Zoning Map 051,045) (Exhibit A - 'Planning Commission's and Staffs Recommendation" j_ SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. t is 1LEG- DiRiStrared►LSGAtAEV.SVCS12011 Agenda 5- 14- 111Ronnie King\G- 1.11.0511.02 Ordinance (PC REQ, 5-4 to 1_ 3)DWEFinat.doe —125— Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this w day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This /4 day of 4w-t , 2011 gliKeborah Walther Bro Assistant City Attorney For City Attorney H: 1LEG- DIRWSharediLEGAL- DEV.SVCS12011 Agenda1.6- 14- 111Ronnie K1ngI6 -1- 11.051112 Qrdinanoe SPC REQ, 8-4 to 1- 3)IDWEFinai.doe -1 2 6- Page 3 of 3 Corpus Christi, Texas day of . , 2011 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong H:1LEG-DIR ShavedlLEGAL- DEV.SVCS\2011 AgendakG- 14.111Rannie King16.1.11.0511 -02 Ordinance (PC REQ, 6-4 to 1- 3)DWBFlnai.doc —127— 80 7 71 77 76 411 ALL WE 74 69 70 71 72 73 -E 73-D SUBJECT 8-4 .__ PRQPE 4 ft W ui 5 -A 6 -A 5 -8 16 z 73 -C 73 -8 73 -A ,SANTA 4 1 -d 3 1 -C 1 -5 ISCORIDE PARTITION U F A IND AREA IP 1 1.3 1-A CASE: 051 1 -02 EXHIBIT A PLANNING COMMISSION'S AND STAFF'S RECOMMENDATION FROM: B -4 TO: 1 -3 ORDINANCE NO. 9 MCRR108 COMMERCIAL SIDS BA 85 7 1.2 6 i.EOPARI ST MCRRIDE LN !ff 28 27 26 25 24 29 30 23 31 32 33 22 34 2I 35 ' 20 071 if Dee efD�B CCM wou SUBJECT PROPERTY r_■ City LOCATION MAP Ch ti -128- 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06//412011 AGENDA ITEM: Public Hearing on the FY 2011/2012 Budget adopted by the Crime Control and Prevention District Board of Directors. CITY STAFF available to answer questions Name Title Dept/Division 1. D. Troy Riggs Chief of Police Police 2. Pat P.Eldridge Police Administration Manager Police 3. Eddie Houlihan Director Mgt and Budget OUTSIDE INDIVIDUALS available to answer questions Name TitlelPosition 1. Susie Luna Saldana President Organization Crime Control Board ISSUE: By State statute, the City Council is required to hold a public hearing on the Crime Control and Prevention District adopted FY 2011/2012 budget no later than the 45th day before the fiscal year begins. REQUIRED COUNCIL ACTION: The Board of Directors of the Crime Control and Prevention District held a public hearing on April 20 and adopted the budget the same day. The public hearing by the City Council was advertised in the Corpus Christi Caller Times on June 3 as required 10 days before the public hearing. The City Council must approve or reject the budget no later than the 30th day before the fiscal year begins (scheduled for June 21, 2011). Attachments: Adopted Budget —131— D. Troy Rigg Yr Chief of Police trovracctexas.com 886 -2603 n 3 rD �n 0 ©ctr) o 0 Ln N.) Fp 3 CO CD -a rt r-r, up rD r-r ked n . Wit. �� `.J:. 5;�� -132- • �n re' 0 o 'CD oh DJ CL 0 n 0 o to CD 2 cn n 0) u011.2DIpLJJ f4!JJ2J9 - !Ewa dogs umed - • 0 o r- C —• 0 c ra —. CD 1), -h o rD (r) rn c CD ri- n 0 c� -' �- cD (D -v 0 0) 3 -133- N O N O N N rt C) 3 CD r) 0 rt 0 go CD CD 0 0 M ■ rr I 1 1 N � � z cu a -0 0 cn n one -q, 0 cn (1) rD • cD CD rD 0 c rim n o eL o (76 to rin 0 CD W 0 CD 0 0 n' CD uJ rn 0 CD cn owed P1JOJ!G 8 0 ' • r� ( 1 CI) tQ 3 CD -h r* 0 to 0 CD 0 rD 3 CD r) 0 -0 rrt 0 713 CD ri- 0 0 r- r- ■ Ending fund balance $2,051,537 • popunj Alinj suaea6oad oqo CD 0 sv CI 0 rP 0 • • A 1 r-1-. 0 rD 0) -r� 0 0 0 0) ri- 0 IET'66E'S$ sanuanab -135- 0 -' 3 n1 CD OJ X (-13 r.9": N U1 c Co CD 7-1 1 o o (f) 4:A- V) Cn N N � 3 -Pi CD 00 C 03 CD an 0 11) . rD 0 n 0) -0 0 CD 0 (-13.-t CD as o --1. ' -- t-L -0 N n -1. 4■. ri: c) 3 1 o i = n n N (1) n an 0 I-A o 0 ∎- 0 c N -.1 0- co _. . 'n N 1--L 90 -o =-. CD CO 7:1 0- CD C n. = to (ID co CD = (-1- = CD rt 0 n o = cD to a Ca = p cD 0_ (7 i n '41 .77 - 1 Elf tAl .1 TMP . r -137- 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date 06/14/11 AGENDA ITEM:. Resolution authorizing the City Manager, or designee, to execute Interlocal Agreements with Del Mar Junior College and Corpus Christi Independent School District to conduct a joint effort for legal services to assist with Redistricting process. ISSUE: Our City Charter, Article II Section 1, and other applicable laws require that we equalize the populations in our City Council District boundaries periodically. The completion and publication of the 2010 federal decennial census provides the necessary data for the City and other governmental entities to determine if Redistricting will be necessary and, if so, to begin the process. It is anticipated that a joint effort for redistricting services will result in reduced costs. REQUIRED COUNCIL ACTION: The City Council is required to approve all Interlocal Governmental Agreements. PRIOR COUNCIL ACTION: NA FUNDING: Funding is not required at this time. If approved, a joint Request for Qualifications would be issued. The entities will evaluate the qualifications, negotiate a favorable charge, and submit recommendations to their respective governmental bodies. RECOMMENDATION: Approval of the Resolution Armando Chapa, City Secretary Carlos Valdez, City Atto 826 -3105 826-3873 arrnandoc@cctexas.com Carlosv @cctexas.com Attachments: Background Information Resolution Del Mar and CCISD Agreements BACKGROUND INFORMATION Our City Charter and other applicable laws require that we equalize the populations in our City Council district boundaries periodically. All the various levels of government are beginning the redistricting process now that the 2010 federal decennial census data has been published. While the City will not be affected by redistricting until the November 2012 election, we need to begin the process now. State law requires redistricting of City Council districts to be completed three months before election day. We have asked Corpus Christi Independent School District and Del Mar College if they would consider joining us in the redistricting RFQ since they also have single member districts in their election systems. Del Mar College Board of Regents have approved an Interlocal Agreement. Corpus Christi Independent School District will be considering this matter in the near future. A joint effort could result in reduced costs amongst the three entities. We are drafting a Request For Qualifications (RFQ) that will be sent to interested law firms that have experience in conducting municipal and educational Redistricting services. Once responses are received we will have a recommendation for Council approval. The selected firm will evaluate whether there have been population and minority representation shifts in the districts. In addition to equalizing populations within the council member districts, Corpus Christi must also comply with court ordered requirements for minority representation in each district as approved in the 1983 5 -3 -1 Single Member District Plan. If the evaluation of the new census data indicates that the population of the most populous district exceeds the population of the least populous district by more than 10 percent and the shift in minority representation in districts 1, 2 and 3 have changed significantly, we will be required to redistrict. If redistricting is necessary, the Firm selected will proceed with a process to evaluate the districts, meet with applicable parties, make recommendations for changes, hold public hearings on recommended changes, and guide the council and the other governmental entities for eventual approval of redistricting plans. Any changes as a result of redistricting will then be prepared and submitted by the Firm for preclearance and approval by the U.S. Department of Justice at least 90 days prior to the election in November 2012. Following is an estimated timetable for accomplishing redistricting and receiving preclearance prior to the November 2012 election: Jun -Aug 2011 RFQ and selection of firm to oversee redistricting efforts. Sep -Dec 2011 Evaluate districts, make recommendations for changes, hold public hearings Jan -Mar 2012 Optimum period for approval of redistricting plan April 2012 Submission to Justice Department for Preclearance Jun -Jul 2012 Preclearance Approved (60 -120 days before election) August 28, 2012 deadline to call election (70 days before election) November 6, 2012 Election day Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE INTERLOCAL COOPERATION AGREEMENTS WITH DEL MAR COLLEGE DISTRICT AND CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO CONDUCT A JOINT EFFORT FOR LEGAL SERVICES TO ASSIST WITH REDISTRICTING PROCESS. 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 Interlocal Cooperation Agreements with Del Mar College District and Corpus Christi Independent School District to conduct a joint effort for legal services to assist with Redistricting process. A copy of the agreements are on file in office of the City Secretary. The City Manager may approve minor amendments which do not change the purpose of the agreements. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: Armando Chapa City Secretary APPROVED: June 8, 2011 r Lisa Agu, Assistant City Attorney for City Attorney InterlocalResolutionRedistricting legal servicesRFQ THE CITY OF CORPUS CHRISTI —144— Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong InterlocalReso lutionRedistricting legal servicesRFQ -145- Page2of2 1 STATE OF TEXAS § § INTERLOCAL AGREEMENT COUNTY OF NUECES § This Agreement made and entered into this day of , 2011, by and between the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as "City ", and Del Mar College District, hereinafter referred to as "College ", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the City and College are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered, into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, both the City and College represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the City and College specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by City and College in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "The Agreement "): 1. PURPOSE OF AGREEMENT The purpose of the Agreement is for the parties to employ law firm to obtain legal services to assist the parties with their respective redistricting requirements. The selected law firm shall perform an initial assessment to determine if redistricting will be necessary. If necessary, the selected firm shall provide a comprehensive redistricting plan based on census data and a .framework for its implementation. Selected law firm shall prepare briefings to the City Council and Board of Regents and staff on the requirements of redistricting and assist in developing criteria to be followed in redistricting decisions. The selected firm shall (1) develop redistricting plans to include ethnic population statistics and maps, and advise the governing bodies regarding merits of plans; (2) attend meetings of the governing bodies and those scheduled by staff to the extent required or requested to discuss the redistricting plans; (3) conduct public 2 presentations of proposed plans and summarize comments for the governing bodies; (4) prepare submissions for preclearance by the Department of Justice on respective plans approved by the City Council and Board of Regents; and (5) provide ongoing legal counsel on questions that arise from redistricting issues. Each entity reserves the right to select its own sole legal counsel as a result of the Request for Qualifications process. 2. DUTIES OF THE CITY AND COLLEGE City and College shall prepare the Request for Qualifications for employment of law firm to provide legal services related to City and College redistricting. The Request for Qualifications shall be issued jointly by the City and College. City shall receive the submitted qualification statements from law firms and provide College representative will copy. City representatives shall meet with College representatives to review submitted qualifications. The City Attorney and College Legal Counsel shall forward law firm recommendation to City Manager and College President, to be submitted for approval to the City Council and Board of Regents no later than September 30, 2011. City shall receive the law firm bills and issue payment to law firm, with City to be reimbursed by College in equal shares of the bills. College shall issue reimbursement within thirty (30) days of receipt of invoice from City. First reimbursement to occur after September 1, 2011. 3. TERM AND TERMINATION This Interlocal Agreement shall have one year term and shall be effective upon its date of execution by the last party to execute the Agreement. This agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 4. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE CITY: The City of Corpus Christi City Attorney P.O. Box 9277 Corpus Christi, Texas 78469 -9277 TO THE COLLEGE: 5. FISCAL FUNDING Del Mar College President 101 Baldwin Corpus Christi, Texas 78404 3 Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of funding for each item and obligation contained herein. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 6. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 7. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 8. WAIVER It is not a waiver of default if the non - defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 9. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 10. APPROVAL This agreement is expressly subject to and contingent upon formal approval by Board of Regents and by resolution of the City Council. EXECUTED ON THIS THE DAY OF , 2011 IN DUPLICATE ORIGINALS BY: 4 THE CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Date: ATTEST: By: Armando Chapa City Secretary APPROVED AS TO FORM: By: Lisa Aguilar Assistant City Attorney for the City Attorney DEL MAR COLLEGE DISTRICT By: Trey McCampbell Board Chair Date: By: Mark Escamilla, Ph. D. President Date: STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF NUECES 1 This Agreement made and entered into this day of , 2011, by and between the City of Corpus Christi, a Texas home -rule municipal corporation hereinafter referred to as "City ", and Corpus Christi Independent School District, hereinafter referred to as "CCISD ", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the City desires to enter into an Interlocal Agreement with Del Mar College ( "College ") and CCISD to share costs to issue a Request for Qualifications for legal counsel to assist the respective entities with redistricting issues; WHEREAS, Del Mar Board of Regents has approved an Interlocal Agreement with City of Corpus Christi regarding the issuance of Request for Qualifications; WHEREAS, the City and CCISD are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, the City and CCISD represent -to -one another that each respective party has the authority to enter into this Agreement and perform the obligations and duties stated herein; and WHEREAS, the City and CCISD specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this Agreement is made and entered into by City and CCISD in consideration of the aforementioned recitals and for the mutual consideration stated herein ( "Agreement "): 1. PURPOSE OF AGREEMENT The purpose of this Agreement is for the parties to employ a law firm to obtain legal services to assist the parties with their respective redistricting requirements. The selected law firm shall perform an initial assessment to determine if redistricting will be necessary. If necessary, the selected firm shall provide a comprehensive redistricting 2 plan based on census data and a framework for its implementation. Selected law firm shall prepare briefings to the City Council, College Board of Regents, CCISD Board of Trustees and their respective staffs on the requirements of redistricting and assist in developing criteria to be followed in redistricting decisions. The selected firm shall (1) develop redistricting plans to include ethnic population statistics and maps, and advise the governing bodies regarding merits of plans; (2) attend meetings of the governing bodies and those scheduled by staff to the extent required or requested to discuss the redistricting plans; (3) conduct public presentations of proposed plans and summarize comments for the governing bodies; (4) prepare submissions for preclearance by the Department of Justice on respective plans approved by the respective governing bodies; and (5) provide ongoing legal counsel on questions that arise from redistricting issues. Each entity participating in the RFQ process reserves the right to select its own sole legal counsel as a result of the Request for Qualifications process, or to withdraw from the Request For Qualification process at any time. The selected law firm shall prepare a separate redistricting plan for each separate entity. Each entity shall be responsible for review and approval of its own distinct and individual redistricting plan. 2. DUTIES OF THE PARTIES The City and College shall prepare the Request for Qualifications (hereinafter "RFQ ") for employment of law firm to provide legal services related to City, College and CCISD redistricting. The RFQ shall be submitted to CCISD's General Counsel for review. The Request for Qualifications shall be issued jointly by the City, College and CCISD. The City shall receive the submitted qualification statements from law firms and provide College representative and CCISD representatives with a copy. City representatives shall meet with College representatives and CCISD representatives to review submitted qualifications. The City Attorney, College Legal Counsel and CCISD General Counsel shall forward the law firm recommendation to the City Manager,College President, and CCISD Superintendent, to be submitted for approval to the City Council, College Board of Regents and CCISD Board of Trustees no later than September 30, 2011. The City shall receive the law firm bills and issue payment to law firm, with the City to be reimbursed by College and CCISD with each party (City, College and CCISD) paying an equal share of the bills. CCISD shall issue reimbursement within thirty (30) days of receipt of invoice from City. 3 3. TERM AND TERMINATION This Interlocal Agreement shall have one year term and shall be effective upon its date of execution by the last party to execute the Agreement. This Agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 4. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE CITY: TO CCISD: 5. FISCAL FUNDING The City of Corpus Christi City Attorney P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Corpus Christi Independent School District Attn: Dr. Roland Hernandez, Chief Administrative Officer 801 Leopard Street Corpus Christi, Texas 78401 Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of funding for each item and obligation contained herein. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 6. VENUE Venue to enforce this Agreement shall lie exclusively in Nueces County, Texas. 7. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 8. WAIVER 4 It is not a waiver of default if the non - defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 9. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 10. APPROVAL This agreement is expressly subject to and contingent upon formal approval by Board of Trustees and by resolution of the City Council. EXECUTED ON THIS THE DAY OF , 2011 IN DUPLICATE ORIGINALS BY: THE CITY OF CORPUS CHRISTI By: Ronald L. Olson City Manager Date: ATTEST: By: Armando Chapa City Secretary APPROVED AS TO FORM: By: Lisa Aguilar Assistant City Attorney for the City Attorney 5 CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT By: D. Scott Elliff Superintendent of Schools Date: Approved as to legal form: General Counsel for CCISD 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/31/11 AGENDA ITEM: Resolution authorizing the Mayor to execute on behalf of the City the City's approval of and Agreement to implement the Nueces County Hurricane Reentry Plan. ISSUE: The City of Corpus Christi desires to participate in the Nueces County Hurricane Re -entry Plan. The plan is designed to allow a phased reentry process following an evacuation order, and will allow responders and citizen's access to the City in a safe and coordinated manner. The Reentry Plan implements a four tiered system. The four tiers identified are: Tier 1: First Responders Tier 2: Mass Care Providers and Damage Assessment Teams Tier 3: Personnel for Restoration and Essential Services Tier 4: Business Owners and Residents The Reentry Plan provides for the advance issuance of documentation for responders and other essential personnel for their return to the impacted area prior to the retraction of a local evacuation order. This will expedite the recovery effort. REQUIRED COUNCIL ACTION: Council approval is required to authorize the Mayor to execute an Agreement to implement the Nueces County Hurricane Reentry Plan. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends authorizing the Mayor to execute an Agreement to implement the Nueces County Hurricane Reentry Plan. uintero eputy Fire Chief RichieQ @cctexas.com (361) 826 -3936 Attachments 1. Resolution 2. Nueces County Hurricane Reentry Plan/Agreement —157— Page 1 of 3 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE CITY THE CITY'S APPROVAL OF AND AGREEMENT TO IMPLEMENT THE NUECES COUNTY HURRICANE REENTRY PLAN WHEREAS, the City of Corpus Christi acknowledges the benefit of regional collaboration to prepare and respond to major emergencies and disasters; WHEREAS, the Section 418.108, Texas Government Code, provides for the ability of local Emergency Management Directors to mandate evacuations for the preservation of life and control ingress to and egress from a disaster area; WHEREAS, the Section 418.050, Texas Government Code, directs the Texas Division of Emergency Management to develop a phased reentry plan, the Nueces County Hurricane Reentry Plan is intended to outline local requirements and compliment, not supplant local or state authority; WHEREAS, the City acknowledges the importance of common terminology to clearly articulate a collaborated message to its citizens, responders, and other private and public partners; WHEREAS, the City maintains its individual autonomy to call for local evacuations and allow for safe and rapid reentry as allowed by law; and WHEREAS, it is in the best interest of the City and its citizens to abide by the provisions in the Nueces County Hurricane Reentry Plan to the extent possible given the incident in which it is applicable; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City adopts the Nueces County Hurricane Reentry Plan as its hurricane entry plan. SECTION 2. The Mayor is authorized to execute, on behalf of the City, the necessary documents to recognize the City's approval of the Nueces County Hurricane Reentry Plan, which is attached to and incorporated into this resolution as Exhibit A, and to document its adoption by the City. SECTION 3, The Mayor is authorized to agree to editorial and non - substantive modifications to the Nueces County Hurricane Reentry Plan, without the further approval of the City Council that do not require the appropriation of funds. Re -entry resolution 05092011.doc -158- ATTEST: Page 2 of 3 THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 10th day of May, 2011. R. y ;ining First Assistant City Attorney For City Attorney Re -entry resolution 05092011.doc -159- Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry G. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Re -entry resolution 05092011.doc -160- Page 3 of 3 Tab Appendix 3 Annex E Nueces County Hurricane Reentry Plan To be inserted as a Tab to Appendix 3, Annex E Tab Appendix 3 Annex E APPROVAL & IMPLEMENTATION This Plan is hereby approved and is effective immediately. This Plan supersedes all other Plans. Various Resolutions support this Plan and its participants TO BE MAINTAINED BY EACH BELOW SIGNATOR. ALL PARTICIPANTS ARE TO BE GIVEN 60 DAYS NOTICE INTENT TO WITHDRAW. Nueces Count Judge City of Bishop City of Corpus Christi City of Port Aransas City of Robstown Other: Department of Public Safety Judge Samuel L. Neal Mayor Victor Ramos Mayor Joe Adame Mayor Keith McMullen Mayor Rodrigo Ramon Captain Rhonda Lawson, THP. \ /er 04/1 1 E-3-2 Date: Date: Date: Date: Date: Date: Tab Appendix 3 Annex E RECORD OF CHANGES CHANGE # DATE OF CHANGE CHANGE ENTERED BY DATE ENTERED TABLE OF CONTENTS: 1�er 0411 1 E -3 -3 1. AUTHORITY 2. PURPOSE 3. EXPLANATION OF TERMS a. ACRONYMS b. DEFINITIONS 4. SITUATION AND ASSUMPTIONS 5. CONCEPT OF OPERATIONS a. GENERAL b. LOCAL GOVERNMENTS c. STATE/DDC 6. ASSIGNMENT OF RESPONSIBILITIES 7. ADMINISTRATTION AND SUPPORT 8. PLAN DEVELOPMENT AND MAINTENANCE ATTACHMENTS: ATTACHMENT 1: ATTACHMENT 2: ATTACHMENT 3: ATTACHMENT 4: ATTACHMENT 5: ATTACHMENT 6: ATTACHMENT 7: ATTACHMENT 8: Ver 04' 1 1 Tier Definitions Quick Reference Evacuation Order Exemption Required Agency Credentials Proof of Residency Security Control Point Procedures Emergency Contact Information Implementation Plan Sample City /County Resolution F-3-4 -164- Tab _ Appendix 3 Annex E 5 5 5 5 6 8 9 9 9 9 10 10 10 Tab _ Appendix 3 Annex E 1. AUTHORITY a. Government Code 418.108 Local Evacuation Authority b. Government Code 418.050 Phased Reentry Plans c. Coastal Bend Regional Coordination Plan to Catastrophic Incidents- Coastal Bend Regional Hurricane Reentry Plan Annex 2. PURPOSE To establish countywide reentry procedures for use in the event of a direct hurricane impact when a mandatory evacuation order has been issued and remains in effect to maintain continuity of government and provide for the safe and orderly return of citizens into the impacted area(s). This plan is intended to complement the Coastal Bend Regional Hurricane Reentry Plan Annex to the Coastal Bend Regional Coordination Plan to Catastrophic Incidents maintained by the Coastal Bend Council of Governments and the Regional Response Working Group. A key component of continuity of government preparedness planning includes deliberate plans to ensure the continuation of essential functions through a wide range of incidents and requires a collaborated and concerted effort to coordinate provisions for federal, state, and local governmental entities, private sector, public sector, volunteer organizations active in disaster (VOAD) and agencies that provide critical services to assist first responders in the execution of their duties and those in direct support of critical infrastructure/key resources. To promote and facilitate the timely reentry of essential response and recovery personnel, governmental officials, property owners, business owners, media, etc, to speed the recovery of affected jurisdictions within Nueces County and its economy, and to provide uniform guidance following a hurricane impact for personnel who may require early reentry and access into the impacted area prior to the retraction of the local evacuation order. 3. EXPLANATION OF TERMS Acronyms: CBCOG Coastal Bend Council of Governments Cl/KR Critical Infrastructure/Key Resource DDC Disaster District Committee EMD Emergency Management Director EOC Emergency Operations Center JIC Joint Information Center NIMS National Incident Management System PIO Public Information Officer POD(s) Point(s) of Distribution RSA Resource Staging Area Ver 04/ f I E -3 -5 -165- Tab _ Appendix 3 Annex E VOAD Voluntary Organizations Active in Disaster Definitions: Critical Infrastructure/Kev Resources (CIIICR)- The infrastructure and assets vital to national security, governance, public health and safety, economy and public confidence. The following subjects make up the critical infrastructure: Agriculture/Food, Water, Public Health, Emergency Services, Defense Industrial Base, Telecommunications, Energy, Transportation, Banking and Finance, Chemical and Hazardous Materials, and Postal and Shipping. Disaster District Committee (DDC)- The DDC consists of a Chairperson (the local Highway Patrol Captain) and representatives of the state agencies and volunteer groups represented on the State Emergency Management Council with resources in the district. The DDC Chairperson, supported by committee members, is responsible for identifying, coordinating the use of, committing, and directing state resources within the district to respond to emergencies. Emereencv ManaEement Director (EMD)- The Chief Elected Official (Mayor /Judge) of each jurisdiction is designed as the EMD. The Emergency Management Coordinator (EMC) is the legally appointed designee of the EMD to carry out the day -to -day functions and responsibilities of the jurisdictions emergency management program. Immediate Mass Care- A series of resources assembled to provide for the distribution of food, water, ice and emergency medical services in an impacted area until such time as the Resource Staging Area (RSA) and Points of Distribution (PODs) are established and the 911 system is reactivated. Point of Distribution (POD)- An area selected and operated by a local government as temporary staging for distribution of basic commodities to citizens following a disaster. PODs are continuous drive through sites at which the public does not get out of their vehicle; rather they drive through the site where volunteers load resources into vehicles and the public can obtain information. Reentry - The process of allowing appropriate agencies and vendors access to damaged areas affected by hurricane- related hazards. Reentry marks the transition from the response phase through landfall and prior to the recovery phase of the disaster. It includes the effort to restore continuity of government and critical infrastructure/key resources to support the community. Repopulation- The process or returning evacuees from shelters in host communities that did not self evacuate. This will occur only after the mandatory evacuation order has been lifted and general population has been allowed to return to the impacted area. e`er 04111 E -3 -6 —166— Tab Appendix 3 Annex E Tier Definitions: a. Tier 1 personnel include Reentry Teams conducting search and rescue (SAR) and security force operations. Immediate and unrestricted access will be granted to SAR agents including local Fire/EMS, law enforcement, Texas Military Forces and emergency response agencies in support of efforts in the affected area. Tier 1 personnel are typically uniformed and are in clearly identified emergency response vehicles. b. Tier 2 personnel include Reentry Teams conducting immediate mass care and damage assessment. Tier 2 personnel should travel in marked company vehicles and must possess valid agency credentials. i. Cl/KR and utilities assessment personnel must be permitted immediate access to ensure essential services, such as water, power and communications, are restored and infrastructure is intact. Municipal utilities and public works personnel are included as well as private organizations active in assessment of major industrial facilities. ii. Official damage assessment teams may include Federal, State and local officials and are required to possess official agency identification credentials. iii Immediate mass care is typically provided by recognized state agencies such as Texas Military Forces and limited state VOADs such as American Red Cross, Texas Salvation Army and Texas Baptist Men. Most other disaster relief workers are classified as Tier 3. iv. Other personnel at the discretion of the local Emergency Management Director. c. Tier 3 personnel include Reentry Team personnel conducting restoration of essential services, point of distribution (POD) and other support operations. Essential services include power, infrastructure, public works, wastewater /water and utility repair and restoration. Tier 3 personnel should travel in marked company vehicles and must possess valid agency credentials. i. Relief workers will be needed to provide food and other supplies for first responders and people that did not evacuate the impacted area (s). ii. Health care agency personnel, which may include hospitals, nursing homes and assisted living facilities and dialysis centers. Credentialed volunteer health professionals possessing valid identification may be included. iii. Insurance agents and adjusters. iv. Reentry of key business operations and media in the impact area may be delayed until major routes are open and the threat to public safety subsides. The local Emergency Management Director will make the decision when to permit business operators into the impacted areas based on an overall evaluation of the situation. An example of businesses that may be allowed reentry as Tier 3 include those that have far reaching impact on recovery such as grocery stores, fuel providers, pharmacies, banking institutions and other `big box" providers (i.e. Wal -Mart, Home Depot, Lowes). Ver 04/1 1 E -3 -7 —167— Tab Appendix 3 Annex E d. Tier 4 personnel include business operators not allowed reentry under Tier 3 and residents of the impacted area, at the discretion of the local Emergency Management Director. Tier 4 operators and residents should be prepared to provide appropriate agency credentials and/or proof of residency as appropriate. A non - inclusive list of approved proof of residency documents is contained in Attachment 4. i. Other local, state and federal officials requiring reentry may be granted access based on mission and safety considerations. 4. SITUATION AND ASSUMPTIONS a. This plan acknowledges that not all citizens have been required to immediately leave the area defined by the evacuation order. The local EMD issuing the order has also defined who has been allowed to stay and has made provisions to ensure their safety to the extent possible. These individuals may include essential government personnel, first responders and limited private organizations in direct support of critical infrastructure/key resources. These individuals and organizations are considered self sufficient and remain in the evacuation area with the understanding that regular and customary access to emergency services does not exist. These individuals and organizations are to be directly coordinated with the local EOC and Office of Emergency Management. b. Industry personnel engaged in refining/production shut down operations should be afforded the opportunity to complete these operations for the safety of all personnel and help ensure limited environmental impacts. These companies may need to hold staff over to complete this process even after the mandatory order is issued however companies are to ensure their employees are afforded enough time to evacuate prior to the onset of tropical storm force winds (except for those organizations participating in the evacuation exemption program). c Immediately following landfall of a catastrophic hurricane, a rapid and orderly movement of essential personnel and services into the impact area is essential to aid in rapid recovery. Reentry will occur in a "tiered approach" based on key roles in restoring normal operations after the disaster. Events that occur within the specific jurisdiction and/or geographically defined evacuation area will dictate, based on local needs and variable factors, what personnel will potentially need access into the affected area. Safety with regard to public health, travel accessibility, hazardous materials mitigation and rescue operations will be paramount and of crucial importance in determining who is allowed reentry. d. Security control points will be established to restrict entry into the impact area as directed by the EMD. The Texas Department of Public Safety will assist in execution of this task at the request of the EMD under the direction of the Disaster District Chairman. However, local jurisdictions will be required to maintain the lead in this effort to the extent possible to avoid conflicts. e. Recommended standard security control point procedures are included in Attachment 5 for use as applicable. Ver 04/1 E-3-8 -168- Tab _ Appendix 3 Annex E f. Agencies, organizations and companies with a priority need to enter the area to perform essential services or restoration should coordinate the request with the local Emergency Operations Center and to the extent possible, the local Office of Emergency Management prior to hurricane season. Any false or inaccurate information provided may be grounds for refusal of the request. g. The State Operations Center will also be coordinating reentry operations for applicable organizations in support of local response actions as allowed by law. Agencies, organizations and companies whose request is determined to meet the criteria for entry by the State Operations Center will be coordinated through the local DDC. Updated applicable plans are to be posted on the Texas Division of Emergency Management website as they become available. h. Except in the event of an emergency evacuation, those individuals granted access to a restricted area should depart through the same entry point to ensure accountability and safety of personnel working within the restricted area. i. In the event information indicates an entry letter or tier credential is misused, the letter or credential will be immediately confiscated by law enforcement authorities and returned to the issuing agency. j. This plan incorporates known best practices along the Texas Gulf Coast following the responses the Hurricanes Rita (2005) and Ike (2008). 5. CONCEPT OF OPERATIONS General a. All personnel shall operate utilizing the National Incident Management System (MItvIS) principles and follow the locally established Incident Command System in the impact area. This effort will be coordinated through the local EOC. b. Personnel traveling in groups through security control points should all possess the same level of credentialing or greater. Individuals not meeting the requirements for reentry will not be allowed entry. Additionally, family members and friends will not be allowed entry. c. All personnel working in the impact area shall carry proper agency credentials on their person at all times and should be aware of locally established curfews and area restrictions. Required documentation is outlined in Attachment 3 of this document. Local Government Provide timely updates on status of evacuation and reentry orders to the County EOC, DDC and 211. The Public Information Officer (PIO) appointed by the EMD, working . through the Joint Information Center (EC) if established, will have the primary responsibility for public information for the jurisdiction represented and will disseminate information regarding the reentry check -point process and methods for gaining reentry. Additional information will be provided to the public regarding general safety measures and any additional specific information deemed necessary to ensure the safety of the returning citizens. The JIC will be coordinated with the appropriate EOCs and DDC. � t�'er 04/1 1 -'- t —169— Tab _ Appendix 3 Annex E DDC /State Maintain updated and accurate accounting of local evacuation and reentry orders. 6. ASSIGNMENT OF RESPONSIBILITIES a. The EMD will issue evacuation orders and ensure timely and accurate information is disseminated. b. The County EMC will maintain this plan, ensure appropriate approvals are obtained and oversee local implementation of established procedures as outlined in Attachment 7. Process requests for Evacuation Exemption and Tier 2 designation letters and prepare for signature as appropriate. c. The City EMC(s) will oversee local implementation of established procedures as outlined in Attachment 7. Process requests for Evacuation Exemption and Tier 2 designation letters and prepare for signature as appropriate. d. Law Enforcement will provide general support for implementation of this plan and ensure compliance with evacuation orders as appropriate. 7. ADMINISTRATIOTION AND SUPPORT The Nueces County Office of Emergency Management agrees to provide administrative services necessary to coordinate this agreement to include notification to participants of new signatories or withdrawals. Also, all participating jurisdictions will be provided with a current list of contact information for all participants. 8. PLAN DEVELOPMENT AND MAINTENANCE a. Recommended changes to this plan should be forwarded to the Nueces County Office of Emergency Management for consideration. As needed, this plan will be updated accordingly. To the extent possible, this plan should become part of the jurisdictions state approved Annex E (Evacuation). ATTACHMENTS: ATTACHMENT 1: ATTACHMENT 2: ATTACHMENT 3: ATTACHMENT 4: ATTACHMENT 5: ATTACHMENT 6: ATTACHMENT 7: ATTACHMENT 8: Ver 04f 11 Tier Definitions Quick Reference Evacuation Order Exemption Required Agency Credentials Proof of Residency Security Control Point Procedures Emergency Contact Information Implementation Plan Sample City/County Resolution E -3 -10 -170- Tab Appendix 3 Annex E ATTACHMENT 1: Tier Definitions Quick Reference The intent of this reentry policy is to assume immediate and unrestricted access to both Tier 1 & 2 personnel as soon as the responding agency feels it safe to begin operations in the impacted area however this policy implementation will be event dependent given numerous unknown variables. The final decision will remain that of the EMD. Responding organizations reenter at their own risk acknowledging that many unknown hazards may still exist that have not yet be identified by local officials. The local Incident Commander will have the responsibility to make determinations where personnel may further be restricted within defined areas in the impact area as outlined in the appropriate City /County Emergency Management Plan. Additionally, organizations entering an impacted area are subject to the check -in procedures established by the local Incident Commander. Tier 1- Search and rescue (SAR) and security force operations Tier 1 personnel are typically uniformed and are in clearly identified emergency response vehicles. These organizations are not required to request or carry a reentry authorization letter however should be prepared to provide proof of deployment orders, mission assignment or other similar documentation authorizing work assignment in the impacted area for the designated incident. • SAR agents include Iocal Fire/EMS, law enforcement, Texas Military Forces and other State and/or Federal emergency response teams such as Texas Task Force One /Two. Tier 2- Immediate mass care and damage assessment. Tier 2 personnel should travel in marked company vehicles and must possess valid agency credentials. Personnel in this category are expected request Tier 2 reentry authorization prior to hurricane season and should be prepared to provide proof of deployment orders, mission assignment or other similar documentation authorizing work assignment in the impacted area for the designated incident. • Cl/KR and utilities assessment personnel must be permitted immediate access to ensure essential services, such as water, power and communications, are restored and infrastructure is intact. Municipal utilities and public works personnel are included as well as private organizations active in assessment of major industrial facilities. • Official damage assessment teams may include Federal, State and local officials and are required to possess official agency identification credentials. • Immediate mass care is typically provided by recognized state agencies such as Texas Military Forces and limited state VOADs such as American Red Cross, Texas Salvation Army and Texas Baptist Men. Most other disaster relief workers are classified as Tier 3. • Other personnel at the discretion of the local Emergency Management Director. Tier 3- Restoration of essential services, point of distribution (POD) and other support operations. Essential services include power, infrastructure, public works, wastewater /water and utility repair and restoration. Tier 3 personnel should travel in marked company vehicles and must possess valid agency credentials. These organizations are not required to request or carry a reentry authorization letter however should be prepared to provide proof of deployment Vet 04/1 1 E -3-11 -171- Tab _ Appendix 3 Annex E orders, mission assignment or other similar documentation authorizing work assignment in the impacted area for the designated incident. • Relief workers will be needed to provide food and other supplies for first responders and people that did not evacuate the impacted area (s). • Health care agency personnel, which may include hospitals, nursing homes and assisted living facilities and dialysis centers. Credentialed volunteer health professionals possessing valid identification may be included. • Insurance agents and adjusters. • Reentry of key business operations and media in the impact area may be delayed until major routes are open and the threat to public safety subsides. The local Emergency Management Director will make the decision when to permit business operators into the impacted areas based on an overall evaluation of the situation. An example of businesses that may be allowed reentry as Tier 3 include those that have far reaching impact on recovery such as grocery stores, fuel providers, pharmacies, banking institutions and other "big box" providers (i.e. Wal -Mart, Home Depot, Lowes). Tier 4- Business operators not allowed reentry under Tier 3 and residents. Tier 4 operators and residents should be prepared to provide appropriate agency credentials and/or proof of residency as appropriate. All others not defined previously are considered general population" and will be allowed reentry after the mandatory evacuation order has been lied. Any conflict at designated check points will be routed through the local Incident Commander and EOC as appropriate for resolution. The safety of personnel will be the ultimate deciding factor in ALL cases. * *Nueces County Tier 2 authorization letters will only be issued on a standardized and recognizable letterhead that has been mutually agreed upon. ** \l er 04/1 1 E -3 -12 —172 -- Tab Appendix 3 Annex E ATTACHMENT 2: Evacuation Order Exemption In the event of an impending hurricane threat, the local Emergency Management Director issuing the mandatory evacuation order shall approve organizations allowed to remain in the impact zone. These organizations approved for exemption may include essential government personnel, first responders and limited private organizations in direct support of critical infrastructure/key resources. These individuals and organizations are considered self sufficient and remain in the evacuation area with the understanding that access to emergency services does not exist. This effort is to be directly coordinated with the local Emergency Operations Center. Organizations requesting evacuation exemption should have a written plan to include provisions for adequate food, water, shelter and medical needs for a minimum of 72 hours post landfall. Additionally, these organizations should have back up power and emergency communications capabilities such as satellite phones and/or HAM radio. All organizations authorized to be exempt from the evacuation order should be prepared to provide an updated list of personnel and the location that that they will be sheltered to the EOC and/or Emergency Management Coordinator upon request. Emergency services personnel will be conducting search and rescue activities immediately post landfall. Citizens that failed to evacuate must remain the priority however they also acknowledge that they must confirm the safety of those personnel considered exempt. For this reason, it is important for exempt organizations to report status to the EOC as soon as possible after landfall. For purposes of this plan, all exempt personnel should also be classified as either Tier One or Tier Two Essential Personnel and carry appropriate credentials. Evacuation exempt organizations must be cognizant that exemption does not constitute the ability to roam freely in the post disaster environment. Established curfews and subsequent orders must be abided by all to ensure safety and security within the impacted area. Any questions regarding this issue should be directed to the local Office of Emergency Management or EOC. * *Nueces County evacuation exemption letters will only be issued on a standardized and recognizable letterhead that has been mutually agreed upon. ** 1`er 04/1 1 E-3-13 —173— Tab Appendix 3 Annex E ATTACHMENT 3: Required Agency Credentials All personnel working in the impact area shall carry proper credentials and identification on their person at all times. Recommended agency identification/credentials are established as follows: All • State issued driver's license or identification card • Proof of deployment orders, mission assignment or other similar documentation authorizing work assignment in the impacted area for the designated incident. Governmental Employees: • Agency Photo Identification. • Designation of "essential" or "disaster personnel" should be prominently displayed. • Local volunteer personnel such as fire department /emergency services district personnel should possess applicable locally recognized identification as appropriate. (Local governmental and/or voluntary agencies lacking agency identification should contact the Coastal Bend Council of Governments for details regarding available identification solutions) Private/VOAD Organizations: • Agency identification with photo. • Tier 2 Level Essential Personnel Authorization Letter and/or company designation letter detailing the employee essential function and to the extent possible defining the geographic area where work is to be performed. Additional • EmpIoyees performing work that requires special credentialing/licensing should be prepared the produce credentials as required by the certifying agency. (TCLEOSE, DSHS license/certification, TCEQ, etc.) \e'er 04;1 1 E-3 -14 —174-- Tab — Appendix 3 Annex E ATTACHIVIENT 4: Proof of Residency Tier 4 operators and residents should be prepared to provide appropriate agency credentials and/or proof of residency as appropriate. Proper identification for resident access should include one or more of the following: • current state issued driver's license or identification card • utility bill • mortgage deed • property tax documents • or any governmental document which includes an address or other means that identifies the location of their property. The City of Port Aransas has issued city identification cards to their citizens and essential personnel. Other jurisdictions may add similar requirements and will be added to this plan as made available. \'el• 04/11 E -3 -15 —175— Tab _ Appendix 3 Annex E ATTACHMENT 5: Security Control Point Procedures Security control points will be established to restrict entry into the impact area as directed by the EMD. The Texas Department of Public Safety will assist in execution of this task at the request of the Emergency Management Director under the direction of the Disaster District Chairman. However, local jurisdictions will be required to maintain the lead in this effort to the extent possible to avoid conflicts. The number of security control points will be determined by the local jurisdiction and will be event dependant. Staffing and equipment support may need to expand and contact as needed to accommodate the overall vehicle volume. Operational shifts and personnel staffing requirements should be clearly defined including adequate provisions for day and night operations. The operating hours and personnel requirements will be based on curfews and other factors. Due to the regional applicability of security control points, the DDC will be a key coordinating entity. Current evacuation and reentry orders are to be maintained at the DDC. Recommended equipment for checkpoints: • Light towers . Barricades Port-o- potties Portable Message Boards Mobile Command Post Pop Up Tents Rehab Items such as food, water and ice Mosquito Spray White Shoe Polish Fuel Area law enforcement agencies should continue to develop traffic control plans /procedures to support this task and may be added to this document at a later date as appropriate. 4er04 /11 E-3-1(� -176- 1 Tab Appendix 3 Annex E ATTACBMENT.6: Emergency Contact Information Nueces County Judge Neal Office of Emergency Management Serving all unincorporated areas of Nueces County and the Cities ofAgua Dulce, Driscoll and Petronilla Danielle Hale, County EMC Danielle.hale @co.nueces.tx.us 361 -888 -0513 Office 361 - 888 -0487 County EOC 361 -887 -2206 EOC Fax City of Bishop Office of Emergency Management Joe Carr, City EMC carrjo@aol.com 361 - 584 -2567 Office 361 -584 -2567 City EOC 361 -584 -3253 EOC Fax City of Corpus Christi Office of Emergency Management Asst. Chief Andy Cardiel, Interim EMC andyc@cctexas.com 361 -826 -3930 Office 361- 826 -1100 City EOC 361 - 880 -3971 EOC Fax City of Port Aransas Office of Emergency Management Scott Burroughs, City EMC sburroughs@cityofportaransas.org 361 -749 -6241 Office 361 - 749 -4111 City EOC 361- 749 -4723 EOC Fax City of Robstown Office of Emergency Management Ricardo Gonzales, City EMC Rfd @cityofrobstown.com 361 -387 -2522 Office 361 -387 -4262 City EOC 361 -387 -9353 EOC Fax Ver 04111 E -3 -17 —177— Tab Appendix 3 Annex E ATTACHMENT 7: Implementation Plan The signatories to this plan will develop a local implementation process. City /County emergency managers will continue to work towards a county -wide solution however may not be available prior to the 2011 Hurricane Season, therefore, local communities should continue to work towards a local implementation process. The County Judge will approve letters for companies performing business in the unincorporated areas of the County, the other communities that are signatories to the County Emergency Management Plan (Agua Dulce, Driscoll and Petronila), as well as, those with county -wide responsibility such as utility companies and "big box" stores like HEB. Each City Mayor will have the responsibility to approve letters for companies performing business within the City limits of their community. A record should be maintained for each of the businesses issued a letter and be maintained locally for future reference if needed. Possible implementation options may include: • online auto -fill form accessible through City /County website • hand filled form accessible at City Hail/Courthouse • manually entered database of entities being issued forms • online portal for electronic submission/approval process • WebEOC board to maintain data Ver04,11 E-3- 1 8 -178- OP Nunes County Judge Neal Office of Emergency Management Serving all unincorporated areas of Nueces County and Ague Duke, Driscoll andPetronilla Danielle Hate, County EMC Danielle.haleaco.nueces.lx. ns 361 - 888 -0513 Office 361- 888 -0487 County EOC City of Bishop Office of Emergency Management Joe Carr, City EMC carrjo@aol.com 361- 584 -2567 Office 361 - 584-2567 City EOC City of Corpus -= Christi City of Corpus Christi Office of Emergency Management Asst Chief Andy Cardiel Interim EMC andvc @cetexas.com 361-826-3930 Office 361 -826 -I100 City EOC ��1 City Port Aransas r City of Port Aransas Office of Emergency Management Scott Burroughs, City EMC surroughs c(�i citvofportaransas.ors 36I- 749 -6241 Office 361 - 749 -4111 City EOC City of Robstown Office of Emergency Management Ricardo Gonzales, City EMC Rfd(ii'c itvofrobs tonvn. com 361-387-2522 Office 36I -387 -4262 City EOC Nueces County EVACUATION ORDER EXEMPTION The organization named below has been granted an exemption to the hurricane mandatory evacuation order. All organization personnel are to remain at their assigned work location and are not granted free access within the evacuation area. All essentialfcritical personnel should be further classified as Tier 1 or Tier 2 level personnel and carry appropriate credentials as outlined in the Nueces County Hurricane Reentry Plan. Business /Organi nation Name Address 24 HOUR VERIFICATION POINT OF CONTACT: Name: Phone: In the event information indicates that this letter is misused, the letter will be immediately confiscated by law enforcement authorities and returned to the issuing agency. Chief Elected Official Issuing Jurisdiction Letter Serial Number (optional): Date: EXPIRATION DATE: December 31, 2011 —179— Nueces County Judge Neal Office of Emergency Management Serving all unincorporated areas of Nueces County and Agar Dulce, Driscoll and Petronilla Danielle Hale, County EMC Danielle. hafeico. nueces.b . us 361 -888 -0513 Office 361 -888 -0487 County EOC City of Bishop Office of Emergency Management Joe Carr, City EMC carrio(cilaol.com 361 - 584 -2567 Office 36I- 584 -2567 City EOC City of Corpus Christi City of Corpus Christi Office of Emergency Management Asst Chief Andy Cardiel Interim EMC andvc @cctexas.com 361-826-3930 Office 361 -826 -1100 City EOC 4,k, of Port Aransas � City of Port Aransas Office of Emergency Management Scott Burroughs, City EMC s buiroualtsO?citvof ,ortararuas.org 361- 749 -6241 Office 361- 749 -4111 City BCC City ofRobstown Office of Emergency Management Ricardo Gonzales, City EMC Rfd a..citvofrobstown.com 36I- 387 -2522 Office 361 -387 -4262 City EOC Nueces County TIER 2 LEVEL ESSENTIAL PERSONNEL The organization named below has been granted permission to duplicate this form letter for all Tier 2 Level personnel in their organization requiring reentry into Nueces County as defined in the Nueces County Hurricane Reentry Plan. Each authorized organization is to maintain accountability for each issued letter and may be requested to provide a detailed list of personnel that have been issued this letter. In addition to possession of this letter, all Tier 2 personnel are also required to have appropriate agency identifiicationlcredentials at all times. Personnel are expected to bide by all applicable rules and curfews established in the restricted area as directed by the local officials. Business /Organization Name Address Employee Name Drivers License or ID# (To be handwritten or typed by issuing organization) 24 HOUR VERIFICATION POINT OF CONTACT Name: Phone: In the event information indicates that this letter is misused, the letter will be immediately confiscated by law enforcement authorities and returned to the issuing agency. Chief Elected Official: Issuing Jurisdiction Date: Letter Serial Number (optional): EXPIRATION DATE: December 31, 2011 —180— JUNE 14, 2011 HURRICANE REENTRY PLAN 1 PURPOSE •To establish uniform reentry procedures for use in the event of a direct hurricane impact when a mandatory evacuation order has been issued. •To promote continuity of government and provide for the safe and orderly return of citizens into the impacted area(s). •To promote and facilitate the timely reentry of essential response and recovery personnel, government officials, property owners, business owners, media, etc. to speed the recovery of the affected jurisdiction. 2 AUTHORITY •Government Code 418.108 Declaration of Local Disaster •The county judge or mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the country judge or mayor and control the movement of persons and the occupancy of premises in that area. •Government Code 418.050 Phased Reentry Plans •The division shall develop a phased reentry plan to govern the order in which particular groups of people are allowed to reenter areas previously evacuated because of a disaster or threat of disaster. 3 TIER DEFINITIONS •Tier 1: Search and Rescue (SAR) and Security Force operations •Tier 2: Immediate Mass care and damage assessment •Tier 3: Restoration of essential services, point of distribution (POD) and other support operations •Tier 4: Business operators not allowed reentry under Tier 3 and residents of the impacted area. 4 EXCEPTIONS •Evacuation Order Exemptions •The local Emergency Management Director may approve organizations to remain in the impact zone rather than evacuate. •May include essential government personnel, first responders and limited private organizations in direct support of critical infrastructure/ key resources. •Tier 2 Reentry Authorization Form •Requested prior to hurricane season to label those not readily identified as belonging to this group •Private organizations and their personnel active in the assessment of major industrial facilities 5 QUESTIONS? 6 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: June 14, 2011 AGENDA ITEM: Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Report STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Roland C. Mower, CEcD President & CEO CCREDC 2. 3. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information Corpus Christi Regional Economic Development Corporation Quarterly Update Presented by: Roland C. Mower CEcD President & CEO June 14, 2011 Today’s Presentation •Economic Trends •Program Overview •Activity Updates Recent News •POLICOM Rankings (out of 366 MSAs): •Forbes List of Best Cities for Jobs 2011: Corpus Christi ranked as the second best city of jobs in the mid-city category and 13th best in all cities •Launched “Community Successes on the CCREDC website MSA 2011 2010 2009 2008 2007 2006 2005 2004 Corpus Christi 53 80 123 153 161 193 236 244 Corpus Christi MSA -Employment by Sector Sector Mar 11 Feb 11 Mar 10 Mar 09 Mar 08 Total Non-Ag.182,900 179,200 179,100 180,800 183,700 Mining, Logging, & Const. 20,200 19,900 20,600 21,800 23,000 Manufacturing 9,200 9,200 9,400 10,600 11,300 Trade, Trans, and Utilities 31,800 31,000 30,800 31,700 32,300 Information 2,100 2,100 2,200 2,300 2,500 Financial Activities 7,200 7,200 7,400 7,700 8,300 Prof and Bus Services 15,300 15,100 15,300 15,800 17,200 Educ. and Health Services 31,300 31,200 30,600 28,200 27,100 Leisure and Hospitality 22,600 20,500 20,900 20,900 20,700 Other Services 6,900 6,800 6,900 7,000 7,200 Government 36,300 36,200 35,000 34,800 34,100 2011 Economic Trends Data from Q3 2010 from Labor Market and Career Information Department of the Texas Workforce Commission Business Size # of Firms % of Total # of Emp. % of Total Total Wages (in mils) % of Total Small (Below 50)7,464 93.1 54,767 31.5 490.9 29.3 Medium (50-499)512 6.4 62,390 35.8 595.4 35.5 Large (500+)39 0.5 56,968 32.7 588.9 35.2 Total 8,015 174,125 1,675.2 2011 Economic Trends Category # of Emp % of Economy Total Wages % of Economy Mining & Construction 20,200 11.04 279.10 16.66 Manufacturing 9,200 5.03 140.80 8.40 Trade, Trans, Utilities 31,800 17.39 270.50 16.15 Information 2,100 1.15 24.80 1.48 Financial Activities 7,200 3.94 74.30 4.44 Professional & Business 15,300 8.37 154.00 9.19 Education and Health 31,300 17.11 260.50 15.55 Leisure & Hospitality 22,600 12.36 78.70 4.70 Other 6,900 3.77 34.00 2.03 Government 36,300 19.85 358.50 21.40 2011 Economic Trends 2011 Economic Trends Building Permits Q-1 2010 2009 2008 2007 New Residential Permits 158 657 734 848 1,252 New Residential Valuation 39.2 98.6 92.7 121.9 148.4 (in million $) New Commercial Permits 47 190 140 160 280 New Commercial Valuation 64.7 118.9 60.8 80.3 108.5 (in million $) 2011 Economic Trends Enplanements/Corpus Christi International Airport Three-Prong Strategy Retention & Expansion of Existing Industries •150 Annual Visits •Annual Existing Industry Survey •Local Industry Recognitions •Corporate Headquarter Visits •Strategic Military Alliance •Promotion of JobsinCorpusChristi.com •Promotion of InternshipsinCorpusChristi.com Marketing & Attraction •Site Selector Visits & Familiarization Tours •Targeted Corporate Outreach through PDQ Process •Texas Marketing Team, TexasOne, IAMC, Site Selectors Roundtables •Proactive Third Party Media Placements through DCI •Regional Marketing Alliance Leverage our Key Economic Drivers •Port of Corpus Christi and the Industries it Serves •Protect and Enhance our Regional Military Assets, CCAD, and Defense Contractors •Support and Enhance Higher Education in the Region •Protect, Support, Enhance the Healthcare Sector Accomplishments Outreach •Presentations:11 •CEO Breakfasts:3 •Hosted Events:8 •Meetings Attended:53 Marketing & Attraction •Marketing trips to Houston and Dallas, discussed opportunities with existing industry home offices, target companies, and site selectors •Agreed to submit economic development articles to Gulf Coast Scene magazine •Sent marketing material to site selectors in California and Illinois. •Proactive Third Party Media Placements through DCI (Ad Eq. $152,316 & Ed. Im. $761,580) •Facilitated article regarding the local cotton industry in the Economist Magazine •Inbound Logistics •The Wall Street Journal •WSJ.COM •Popular Science Online •Bulkbreak Shipping •The Economist •Where to Retire Magazine Accomplishments Retention & Expansion of Existing Industries •Met with Development Services eight times on existing industry projects •Spearheaded membership drive of all regional groups for My Town, My Job, My Voice © a grass roots program. Leverage our Key Economic Drivers •Talked with local industries targeting their major suppliers for opening locations locally. •Reported on compliance on TAMU-CC Incubator, Susser Holdings, Turner Industries, and Del Mar College Fastrac© program •Worked on eight incentive agreements •JJ Johnston is on the WORKFORCE SOLUTIONS Board of Directors •Mike Culbertson is on the Emerging Technology Fund, South Texas Regional Board •Joe Cisneros is on the Corpus Christi Caller Advisory Board •Helped Port with NSI and Harbor Island projects •Testified on two bills before the Texas Legislature on incentives Activity Summary Q 1 2011 Activity Update –Existing Industry New Projects this Quarter: 1 Current Active Projects YTD:12 Potential Jobs:1,238 Existing Industry Visits This Quarter: 62 Existing Industries Assisted (non-projects) This Quarter: 14 Activity Summary Q 1 2011 Activity Update –Business Attraction New Projects This Quarter: 2 Current Active Projects:19 Potential Jobs: 1,870 Project Site Visits This Quarter:5 Marketing Trips This Quarter:3 Site Selectors Contacted This Quarter: 59 Target Companies Contacted This Quarter:15 Questions? 1:=3.7.SZNZ.V.13=ZWZRZ "