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Agenda Packet City Council - 06/21/2011
11:45 A.M. - Proclamation declaring June 26, 2011 as "Ms. Coastal Bend Senior Pageant Day" Proclamation declaring June 20-26, 2011 as "Hi-Fairnessee Girls Club Week — 80th Anniversary" Proclamation declaring June 27 — July 1, 2011 as "2011 World Changers Week" Texas Heart & Stroke Healthy City Gold Level Recognition by the Texas Council on Cardiovascular Disease & Stroke AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JUNE 21, 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, habre un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Reverend John Hardie, St. Mark's Episcopal Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem 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 21, 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 June 14, 2011 and Workshop Meeting of June 14, 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 Counci! will vote on all motions, resolutions and ordinances not removed for individual consideration.) 2. Motion approving the purchase of one (1) horizontal directional drilling machine from Vermeer Texas — Louisiana, Inc. of Round Rock, Texas for a total amount of $129,728.94. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Funding is available in the FY 2010-2011 Capital Outlay Budget of the Fleet Maintenance Fund. This unit is a replacement to the fleet. (Attachment # 2) (Requires 2/3 vote) Agenda Regular Council Meeting June 21, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a supply agreement for reformulated gasoline and ultra low sulfur diesel fuel with the following companies for the following amounts in accordance with Bid Invitation No. BI - 0112 -11 based on low bid for an estimated annual expenditure of $5,941,419.66 of which $495,118.31 will be expended in FY 2010-2011. The term of the agreement will be for twelve months with options to extend for up to two additional 12 -month periods, subject to approval of the suppliers and the City Manager or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2010- 2011 and requested for FY 2011-2012. (Attachment # 3) (Requires 2/3 vote) Petroleum Traders C Fort Wayne, IN Item No.: 1.0 $2,099,344.17 orp. Oil Patch Petroleum, Inc. Corpus Christi, TX Item No.: 2.0 $3,051,420.64 Total Award: $5,941,419.66 Stripes, LLC Corpus Christi, TX Item Nos.: 3 & 4 $790,654.85 4. Ordinance appropriating $284,000 in the No. 1020 General Fund of additional anticipated revenues to be received from the processing of residential recycled commodities and to be used to offset related operational expenses; changing the FY 2010- 2011 Operating Budget adopted by Ordinance 028683 by increasing revenues and appropriations by $284,000 each. (Attachment # 4) (Requires 2/3 vote) 5. Resolution authorizing the City Manager, or designee, to submit a draft erosion .response plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management and Construction, to the Texas General Land Office for comment. (Attachment # 5) 6. Second Reading Ordinance — 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 deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication and effective date. (First Reading -- 06/14/11) (Attachment # 6) (Requires 2/3 vote) Agenda Regular Council Meeting June 21, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Second 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. (First Reading — 06/14/11) (Attachment # 7) 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 pursuant to Section 551.071 of the Texas Government Code to consult with attorney regarding pending case No. 2010 -DCV -6004-E entitled City of Corpus Christi vs. Friends of the Coliseum, et al in the 148th District Court Of Nueces County, Texas. J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS, AND ORDINANCES: 8. Resolution approving the FY 2011-2012 budget for the Corpus Christi Crime Control and Prevention District. (Attachment # 8) 9. Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $1,989,103, for a total re -stated fee of $2,162,928 for the Sanitary Sewer Overflow Initiative (SSOI) Program project. (Attachment # 9) (Requires 2/3 vote) Agenda Regular Council Meeting June 21, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10, Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, for a fee not to exceed $364,370, for a total contract amount not to exceed $414,240 for the Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1. (Attachment # 10) (Requires 2/3 vote) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 11. Arts and Cultural Commission (ACC) Annual Report (Attachment # 11) 12. Overview of Parking Meter Proposed Rate Increases (Attachment # 12) 13. Overview of Proposed FY 2011-2012 Budgets for Special Revenue, Internal Services and Debt Service Funds 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. Agenda Regular Council Meeting June 21, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. SPECIAL CONSIDERATION ITEM: (This item to be considered after Public Comment) 14. Ordinance canvassing returns and declaring the results of the Runoff Election held on June 18, 2011 in the City of Corpus Christi, for the purpose of electing Council Member District Three. (Attachment # 14) O. CITY MANAGER'S COMMENTS: (NONE) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin bo rd at the front entrance to City Hall, 1201 Leopard Street, at to; 1±5 p.m., on June 16, 2011. n 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 L. • Bayfront and Downtown Initiatives Complete Utility Master Plans Conservation and Recycling Education Plan Comprehensive Economic Development Approach Street Improvement Plan Development Process Improvement Mary Rhodes Pipeline Phase II Water Plan Safe and Healthy Community Initiatives (Gang, Graffiti, and Physical Health Emphasis) Support Continued Military Presence 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Council Workshop June 14, 2011 - 8:30 a.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez* Council Members: Chris Adler Larry Elizondo, Sr. Priscilla Leal John Marez*** Mark Scott Linda Strong* ABSENT Kevin Kieschnick *Arrived at 8:45 a.m. **Arrived at 9:01 a.m. Arrived at 10:57 a.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 and verified that the necessary quorum of the Council and the required charter officers were present to cpnduct the meeting. Assistant City Manager Oscar Martinez referred to a powerpoint presentation on the Enterprise Funds including the customer growth rates; a summary of the utility fund balances; summary of working capital; the proposed utility rate increases; components of the water and wastewater rate increases for residential customers; a sample utility bill; programmatic utility debt service by year; total utility debt service; programmatic average annual utility debt service; Gas revenues and expenditures; gas consumption; water consumption for raw and treated; revenues and expenditures for Storm Water, Water, and Wastewater; summary of fund balances and budgets for Airport, Golf Center, and Marina; and the remaining budget calendar. The following topics pertaining to this item were discussed: the annual average rate change between water and wastewater; the projected utility fund balance excluding Choke Canyon; projected additions to the capital reserve; policy uses for strategic and capital reserves to lower excessive debt; the total bond conveyance; local management of working capital; diversion of water; impact of block rates due to consumption; historical perspective on storm water rates; consideration of storm water rate separate from water rate; history of utility transfer from storm water; the use of storm water and gas capital reserves to minimize rate increase; using the excess fund balance to pay down debt on existing projects; status of the looping of dead end water mains; the reason personnel costs increase even with the reduction of full-time equivalents in the Water fund; the savings in Water operations; winter averaging rates; consolidation of utility departments; the increase in Airport operating costs; public safety at the Airport; status of the FBO contracts at Airport; the sale of the Gas Department and an analysis on the value of the Gas Department; and consideration for assisting the Art Museum with utility costs. Council Member Scott requested a breakdown of block rate consumption of water. Council Member Martinez requested additional information on the capital reserve fund. Council Member Leal asked to set up a meeting with City Manager Olson this week. —1— Minutes — Regular Council Meeting June 14, 2011 — Page 2 City Manager Olson requested to schedule a deliberation meeting with the City Council to discuss and give final direction to staff prior to the public hearing on June 28th. A brief discussion ensued regarding the schedule for canvassing the results of the runoff election and the swearing-in of the new City Council. There was a general consensus of the Council to conduct the swearing-in ceremony of the new Council and the budget deliberation on Friday, June 24th. Chair of the Administration Committee Mark Scott referred to the discussion on the City Auditor. Mr. Scott stated that the Mayor gave direction to the Administration Committee to review the appointment process for the City Auditor position and the Administration Committee reviewed and considered two options including hiring internal staff and contracting outside services for the position. Mr. Scott reported that the Administration Committee met last week and received valid comments from the public regarding the City Auditor being a full-time staffing position. Mr. Scott stated that the Administration Committee is recommending presenting the two options to the full Council for consideration. Assistant City Manager Oscar Martinez introduced the presentation team including Interim Director of Human Resources Joan McKaughan and Procurement Manager Paul Pierce. Mr. Martinez referred to a powerpoint presentation including the charter language approved by voters; timeline; desired outcomes; establishing the direction regarding contracting or hiring of full time staff; option 1 - hiring of full time staff; applications received; option 2 - contracting for internal audit services; request for proposals; summary of evaluation matrix for option 2; internal auditor, council, and executive staff working relationship; examples of other governmental entities definition of working relationship; identifying suggested projects; and council direction. Mr. Martinez also provided the minimum qualifications and job descriptions for the positions of City Auditor, Associate Auditor, and Senior Accountant. The following topics pertaining to this item were discussed: the projected number of hours for an outside auditor to conduct six (6) audits on average per year; the working relationships between the internal auditor, Council, and executive staff; the ordinance to develop policies, procedures and protocols to govern the working relationship; suggested projects; whether the internal auditor should receive recommendations for special audits by the City Manager; support for an internal auditor position; and transparency. City Manager Olson commented that an internal auditor reviews the performance of an organization based on established ordinances and polices to determine compliance of rules and procedures. Mr. Olson added that the difference between the internal auditor and the performance improvement team is that the internal auditor reviews performance that has already occurred and the performance improvement team will deal with issues moving forward. Mr. Olson recommended assignments for consideration for the internal auditor to work on initially including auditing utility services, delinquency of Development Services & Municipal Court fees; receivable on ambulance, red light, and utilities; and review of the purchasing system. After discussion by the Council members, there was a general consensus to have the Administration Committee continue with the recommendation of two applicants for the internal staffing position and perform background checks; come back with an ordinance developing the policies and procedures that govern the working relationship; verify the job descriptions; and suggest an initial list of audit projects, subject to City Council approval prior to August 151. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council workshop at 11:15 a.m. on June 14, 2011. -2- MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting June 14, 2011 - 12:00 p.m. PRESENT Mayor Joe Adame Mayor Pro Tem Nelda Martinez Council Members: Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leat John Marez Mark Scott Linda Strong 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 Reverend David Saenzwith Christus Spohn Health System and the Pledge of Allegiance to the United States flag was led by Council Member Strong. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the regular Council meeting of May 31, 2011 and Workshop meeting of June 7, 2011. A motion was made and passed to approve the minutes as presented. ************ Mayor Adame called for consideration of the consent agenda (Items 2 - 9). There were no comments from the public. Council Member Kieschnick requested that Item 6 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 029088 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 3.a. ORDINANCE NO. 029089 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". —3— Minutes — Regular Council Meeting June 14, 2011 — Page 2 3.b. ORDINANCE NO. 029090 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 4. ORDINANCE NO. 029091 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 5.a. RESOLUTION NO. 029092 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). The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 5.b. ORDINANCE NO. 029093 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). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 7. MOTION NO. 2011-129 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) The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". —4— Minutes — Regular Council Meeting June 14, 2011 — Page 3 8. MOTION NO. 2011-130 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 6 regarding an interlocal agreement with Nueces County for use of lighting improvements. Council Member Kieschnick informed the Council that Nueces County Commissioner Mike Pusley requested that the interlocal agreement be amended to change the date the County agrees to install the equipment from August 31, 2011 to August 31, 2012. Mr. Kieschnick made a motion to amend the interlocal agreement. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". City Secretary Chapa polled the Council for their votes as follows: 6. RESOLUTION NO. 029094 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. The foregoing resolution was passed and approved as amended with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". ************ Mayor Adame announced that the City Council would conduct a joint hearing with the Planning Commission for the purpose of amending the Zoning Map of the City to include the new Unified Development Code (UDC) District. Rudy Garza, Chairman of the Planning Commission, verified that there was a necessary quorum of the Planning Commission members present and called the Planning Commission meeting to order. -5- Minutes — Regular Council Meeting June 14, 2011 — Page 4 Assistant City Manager of Development Services Johnny Perales explained that the Unified Development Code was passed in May and an amendment to the zoning map is required to update terminology to conform to the new Code. Mr. Perales provided a comparison of the previous and new zoning districts andcomparative examples. In response to Council Member Kieschnick, Mr. Perales stated that the Cottage Housing District and other alternative housing design options will be designated as overlays. Mayor Adame called for a motion to open the public hearing for the City Council and a motion was made, seconded and passed to open the public hearing. Chairman Rudy Garza called for a motion to open the public hearing for the Planning Commission, and a motion was made, second and passed to open the public hearing. No one appeared in opposition to the public hearing. Chairman Garza introduced the Planning Commission members present. Mayor Adame thanked the Planning Commission for their dedication to the UDC. Ms. Martinez made a motion to close the public hearing for the Council, seconded by Mr. Elizondo, and passed. Commissioner James Skrobarczyk made a motion to close the public hearing for the Planning Commission, seconded by Commissioner Johnny Martinez and passed. Commissioner Javier Huerta made a motion to recommend the amendments as presented for approval by the Council. The motion was seconded by Commissioner Johnny Martinez, and passed unanimously. Chairman Garza adjourned the meeting of the Planning Commission. Mayor Adame asked if there was any further public comments regarding Item 10: 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 deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication and effective date. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 10. 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 deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication and effective date. The foregoing ordinance was passed and approved on its first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". ************* Mayor Adame announced the executive session, which was listed on the agenda as follows: —6— Minutes — Regular Council Meeting June 14, 2011 — Page 5 * 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. The Council went into executive session. The Council returned from executive session. Mayor Adame announced that no action would be taken on the executive session. ************ Mayor Adame referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0511-01. Martin Soliz: A change in zoning from the "R-1 B" 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. Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; existing land use map; future land use map; ownership map; views of the subject property; and site plan. Mr. Saldana stated that the Planning Commission and staff recommended denial of the applicant's request for a change in zoning from the "R-1 B" One -family Dwelling District to the "B-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. No one appeared in opposition to the zoning change. Mr. Scott made a motion to close the public hearing, seconded by Ms. Strong, and passed. Mr. Chapa polled the Council for their votes as follows: 11. ORDINANCE NO. 029095 Amending the Zoning Ordinance, upon application by Martin Soliz, by changing the Zoning Map in reference to Jerry Place, Lot 1, from the "R-113" 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Leal, Marez, Martinez, Scott, and Strong, voting "Aye"; Kieschnick was absent. Mayor Adame referred to Item 12, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0511-02, Ronnie Kina, 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. —7— Minutes — Regular Council Meeting June 14, 2011 — Page 6 Senior Planner Miguel Saldana referred to a powerpoint presentation including an aerial view; existing land use map; future land use map; ownership map; and views of the subject property. Mr. Saldana stated that Planning Commission and staff recommended 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. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 029096 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame referred to Item 13, and a motion was made, seconded and passed to open the following public hearing: 13. Public Hearing on the FY 2011-2012 Budget adopted by the Crime Control and Prevention District Board of Directors. Police Administration Manager Pat Eldridge referred to a powerpoint presentation including the continued focus on core programs; assignment of 50 police officers; the budget; and the budget calendar. Mayor Adame asked whether preparations were made to absorb the cost of the graffiti coordinator in the general fund. City Manager Olson replied that initially he did have some concerns, however now feels comfortable with the graffiti coordinator being relocated within the Police General Fund. Mayor Adame called for comments from the public. Abel Alonzo, 1701 Thames, thanked the Crime Control board members for a job well done and spending the funding in the most effective and efficient manner. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kieschnick, and passed. ************* Mayor Adame opened discussion on Item 15 regarding the redistricting process. City Secretary Chapa stated that the City Charter and other applicable state laws require that the City equalize the population within the five (5) single member districts and with the completion of the 2010 decennial census, the City can begin this process. Mr. Chapa explained that staff is recommending entering into interlocal agreements with Del Mar Junior College and the Corpus Christi Independent School District (CCISD) to issue a request for qualifications (RFQ) for redistricting services and provide an opportunity to reduce cost. City Secretary Chapa reported that —8— Minutes — Regular Council Meeting June 14, 2011 — Page 7 Del Mar College Board of Regents has already approved an interlocal agreement and CCISD will be considering this matter in the next weeks. In response to Mayor Adame, Mr. Chapa stated that the redistricting process could take approximately one year to receive approval for the Department of Justice. Council Member Marez said he was glad to see the City partnering to reduce cost and hopes the firm selected will not have any controversy. Mr. Marez also requested to keep the public informed and receive public input on the process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 029097 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". Mayor Adame opened discussion on Item 15 regarding the Hurricane Reentry Plan. Interim Fire Chief Ritchie Quintero stated that the hurricane reentry plan provides for uniformity, continuity, and coordination during the process. Chief Quintero referred to a powerpoint presentation including the purpose; legislative authority; tier definitions; and exceptions to the tiers. The following topics pertaining to this item were discussed: identifying privatized or contracted staffing in the tier structure; the individual with ultimate control over evacuation situations; the process for identifying disabled individuals that require assistance; the 2-1-1 program; and island evacuation. City Secretary Chapa polled the Council for their votes as follows: 15. RESOLUTION NO. 029098 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. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez, Scott, and Strong, voting "Aye". ************* Mayor Adame referred to Item 16 regarding the Corpus Christi Regional Economic Development Corporation (EDC). Roland Mower, President/CEO of the EDC, referred to a powerpoint presentation including recent news; 2011 economic trends on employment, business size, category, building permits, and enplanements; the three -prong strategy; accomplishment; and activity summary. base. Council Member Martinez requested information on the small business contribution to the tax —9— Minutes — Regular Council Meeting June 14, 2011 — Page 8 The following topics pertaining to this item were discussed: the value on construction and new residential to economy; and recruiting companies to relocate their workforce to the City. ************* Mayor Adame referred to the City Manager's comments. City Manager Olson presented a new reorganization chart of the City departments and explained that the new structure groups similarities between departments and missions. Mr. Olson stated that the organization changes will provide clarity; empower leadership; and provide for a system of accountability. City Manager Olson reported that Assistant City Manager Johnny Perales will oversee Public Works, Utilities, and Transportation; Assistant City Manager Oscar Martinez will oversee Safety, Health and Neighborhoods; Assistant City Manager Margie Rose will be in charge of General Government and Operations Support; and he is recommending the appointment of Rudy Garza as Assistant City Manager of Support Services. Mr. Olson said his goal is to have a team of Assistant City Managers that have the flexibility to periodically change assignments as necessary and allow for development in their careers. Mr. Olson reported that his new steps will include developing a business plan; evaluation employees to place in the right positions; and take an in-depth look at the Development Service function of the City. ************* Mayor Adame called for petitions from the audience. Jack Gordy, 4118 Bray, thanked the City Manager for the changes and spoke regarding outside attorneys, the use of consultants and lobbyists; and the internal auditor position. J.E. O'Brien, 4130 Pompano, said the recent comments made by the City Manager were very encouraging and spoke regarding the internal auditor, the enterprise funds, and the utility rate increases. John Torrey, 7253 Yaupon Drive, spoke regarding the status of the City using crushed concrete. John Kelley, 413 Waco, spoke regarding the reduced funding to Mental Health/Mental Retardation (MHMR). Mary Ann Kelly, 4302 Schanen, spoke regarding the right to vote on a status of Corpus Christi. Foster Edwards, Corpus Christi Chamber of Commerce, invited the Council to attend a luncheon on July 13th saluting the military community. ************* There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:37 p.m. on June 14, 2011. ************* -10- 2 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/14/2011 AGENDA ITEM: RECOMMENDATION: Motion approving the purchase of one (1) horizontal directional drilling machine from Vermeer Texas — Louisiana, Inc., Round Rock, Texas for a total amount of $129,728.94. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative (TLGPC). Funding is available in the FY 2010-2011 Capital Outlay Budget of the Fleet Maintenance Fund. This unit is a replacement to the fleet. ISSUE: The Gas Department will utilize the horizontal directional drilling machine for directional drilling of gas mains and service lines of 4" or smaller diameter without disturbing the above ground environment. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contract as submitted. Mic' "el : arrera Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 —13 BACKGROUND INFORMATION The Gas Department will utilize the horizontal directional drilling machine for directional drilling of gas mains and service lines of 4" or smaller diameter without disturbing the above ground environment. This unit is a replacement to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. The expected life for a horizontal directional drilling machine is 8 years. The current unit is 14 years old and has accumulated approximately 11,501 hours of operational time. At this time, the equipment is out of service. In the last three years the department has spent approximately $70,000 in repairs. AWARD BASIS The horizontal directional drilling machine will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. Vermeer of Texas, Corpus Christi, Texas will be the local delivering and service dealer for the horizontal directional drilling machine. —14— CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO COUNCIL DATE: JUNE 14, 2011 BUYBOARD CONTRACT #345-10 PRICE SHEET DIRECTIONAL BORING MACHINE TOTAL: $129,728.94 VERMEER TEXAS - LOUISIANA, INC. EKA, INC. ROUND ROCK, TEXAS STONE MOUTAIN, GA ITEM DESCRIPTION QTY UNIT UNI 1 EXTENDED PRICE PRICE UNI I" EXTENDED PRICE PRICE 1 HORIZONTAL DIRECTIONAL DRILLING MACHINE WITH STARTER ROD, DIRT DRILL HEAD W.4" BIT, 2 DIRT REAMERS, 8" AND 12" W/BUILTIN SWIVELS, DRILL ROD RACK, MOTION ALARM AND MANUALS ARE INCLUDED. 1 EA $129,728.94 $129,728.94 $140,516.49 $140,516.49 TOTAL: $129,728.94 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 6/14/2011 AGENDA ITEM: RECOMMENDATION: Motion approving a supply agreement for reformulated gasoline and ultra low sulfur diesel fuel with the following companies for the following amounts in accordance with Bid Invitation No. BI -0112-11 based on low bid for an estimated annual expenditure of $5,941,419.66 of which $495,118.31 will be expended in FY 2010-2011. The term of the agreement will be for twelve months with options to extend for up to two additional twelve-month periods, subject to the approval of the suppliers and the City Manager, or designee. Funds have been budgeted by Maintenance Services and the Fire Department in FY 2010-2011 and requested for FY 2011-2012. Petroleum Traders Corporation Fort Wayne, Indianapolis Item No.: 1.0 $2,099,344.17 Oil Patch Petroleum, Inc. Corpus Christi Texas Item No.: 2.0 $3,051,420.64 TOTAL AWARD: $5,941,419.66 Stripes LLC. Corpus Christi, Texas Item No.: 3 & 4 $790,654.85 ISSUE: This contract covers the fuel requirements for City vehicles and equipment. The reformulated gasoline and ultra low sulfur diesel are delivered in bulk to the City facilities. The unleaded and diesel fuels are available at commercial locations. REQUIRED COUNCIL ACTION: All contracts exceeding $50,000 must be approved by City Council. CONCLUSION AND RECOMMENDATION: Staff recommends award of the contracts as submitted. —1 9- 4 Michael arrera Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 BACKGROUND INFORMATION Use: These fuel contracts will be used to service the City's Fleet of vehicles and equipment. The vast majority of the fuel is delivered in bulk to the City's Service Center located at 5352 Ayers Street. The contract for commercial locations allows Police and Fire personnel to fill up their respective vehicles at locations that are within close proximity of their assigned areas. This allows for improved response time for any emergencies that may arise while servicing the vehicle with fuel. Award Basis: The recommended awards are based on low bid. Pricing: The oil market determines fuel prices. Bidders were asked to quote a price based on mark- up or mark-down from the Corpus Christi Oil Price Information Service (OPIS) rack price The mark- up/mark-down remains constant while the market price changes daily. With this method, the City can determine the fuel cost at any point in time. The mark-up/mark-down for each contractor is as follows: Petroleum Traders - Reformulated Gasoline - .01580 mark-down from CC OPIS. Oil Patch Petroleum, Inc. - Diesel Fuel - .00100 mark-up from CC OPIS. Stripes LLC - Commercial Locations - Unleaded and Diesel Fuel - .080 mark-up from CC OPIS. —20— BID INVITATION NO. BI -0112-11 SUPPLY AGREEMENT FOR GASOLINE AND DIESEL FUEL BID ITEM 1.0 Refo 1.1 Trans 1.2 Tank 2.0 Ultra Fuel 2.1 Trans 2.2 Tank 10 Unl Com 40 Ultra Comi DESCRIPTION rmulated QTY PETROLEUM TRADERS, INC. FORT WAYNE, IN OIL PATCH PETROLEUM, INC. CORPUS CHRISTI. TX STRIPES LLC CORPUS CHRISTI, TX SUSSER PETROLEUM SOUTHERN COUNTIES OIL GO. ORANGE. CALIFORIA MANSFIELD OIL COMPANY GAINESVILLE. GA CORPUS CHRISTI, TX Gasoline part Deliveries 652,206 53.16781) 52066058.17 NO BID NO BID $3.21061) 52,093,972.58 $3.19631) $2,084,646.04 53.57332) 52,330,527.70 Wagon Delivery 10.000 53.3286 533,286.00 NO BID NO BID 53.2873 532,873.00 NO BID 55.0551 550,551.00 Subtotal: 52099,344.17 52,126845.58 52.084,646.04 52,381.078.70 Low Sulfur Diesel Incomplete Bid TXLED) port Deliveries 892,179 53.3321 52,972,829.65 53.3259 52,967.298.14 NO BID 53.3519 52.990,494.79 53.3363 52.976.576.80 53.4367 53.066,151.57 Wagon Delivery 25.000 $3.4824 587,060.00 $3.3649 584,12250 NO BID $3.4286 585,715.00 NO 810 53.8402 596005.00 Subtotal: 53,059,889.65 53.051420.64 53,076.209.79 52.976,576.80 53.162.156.57 dad Gasoline mercial Locations 139.500 NO BID NO BID $3.2636 5455.27220 NO BIO NO 81D 53.5489 5495,071.55 Low Sulfur Diesel narctal Locations 98,500 14081D 140 BID $34049 5335,382.65 1,10 BID NO BID 53.6902 5363,484.70 AWARD TOTAL: GRAND TOTAL: $ 2.099.344.17 $ 5,941,419.66 NOTE: This tabulation is prepared for evaluation purposes. Unit prices were determined by applying the mark-uplmark-down in relation to the Corpus Christi OPIS prices as of 4121111: CC OPTS Date (1) Reformulated Gasoline/ Corpus OPIS- Bulk 53.1836 4121/2011 (2) Reformulated Gasoline / Houston OPTS -Bulk $3.3398 4/21/2011 Diesel Fuel -Bulk 53.3249 4121/2011 Unleaded Gasoline / Commercial Locations 53.1836 4121/2011 Diesel Fuel / Commercial Locations 53.3249 4/21/2011 $ 3,051420.64 $ 790,654.85 Example: 50.00 50.00 TRANSPORT DELIVERIES Reformulated Gasoline / Deliveries Diesel Fuel / Deliveries C.C. OPTS 3.1836 C.C. OPIS $3.3249 Petroleum Traders -.0158 Oil Patch .0010 City Cost 53.1678 City Cost $3.3259 COMMERICAL LOCATIONS Unleaded Gasoline - At the Pump Diesel Fuel - At the Pump C.C. OPTS $3.1836 C.C. OPTS $3.3249 Stripes LLC .08 Stripes LLC .08 City Cost $3.2636 City Cost 53.4049 $0.00 CV 4 City Council Attiori Date: June 21, 2011 AGENDA ITEM: An ordinance appropriating $2€4,000 in the No, 1020 General Fund -of additional. anticipated revenues to be received from the processing of residential recycled commodities; changing the FY 2010-2011 Operating, Budget adopted by Ordinance No. 028863 by increasing revenues and .appropriations by030°001dt; and declaring an ernergeney. ISSUE: The Solid Waste Operations FY2010-2011 adopted budget requires an amendment to reflect the anticipated fel/smuts and funding requirements that will Mei* from the City's agreement with BF' Waste Services of 'ThItat, LP, for the collodion, processing and marketing of residential recyclable commodities. REQUIRED eouNcll. ACTION: Approval -of ordinance as submitted, PREVIOUS COUNCIL ACTION: October 12, 2010, City Council approved agreement with BFI Waste Services of Texas, LP, for the collection, processing arid marketing of residential recyclable commodities - CONCLUSION AND RECOMMENDATION: Approvatotordinance as submitted. . ,-• . . 4 WretiCeNtik01404/1( 11 Director of Solid Waste Operations aeivgratpa LaWfiectesos.Oorn —25— BACKGROUND INFORMATION In July 2010, when the FY 2010-2011 budget was adopted, the financial impact of the recycling processing contract, programmed to be effective in January 2011, was not known. As a result, revenues and expenditures that would result from the recycling processing contract were underestimated. The contract was programmed to be effective in January 2011, to coincide with the transition to the single -stream recycling program. FY 2010-2011 expenditures, or recycling processing fees, were budgeted at $148,470, based on 4,242 tons of recycling at $35.00 per ton. Recycling revenues, or rebates, were budgeted at $50,000, based on historical recycling revenue, or a net loss of $98,470 from the processing and marketing of recycled commodities. Today, with a contract in place with BFI Waste Services of Texas, LP, and three months of data from the new single -stream recycling program, it's necessary to adjust the budget to recognize the additional revenue and expenditures. Based on contract pricing and the recycling data, it's anticipated that recycling revenue for the 6 months of FY 2010-2011 (Feb through July) will be approximately $462,024 (1,116 tons x $69 rebate x 6 months). The expense for this period will total approximately $432,000 (1,200 tons x $60 tipping fee x 6 months). In lieu of a $98,470 budgeted net loss, the City expects a positive return of approximately $30,000 from the processing and marketing of recycled commodities. The difference between the existing FY 2010-2011 budgeted expense ($148,470) and the projected expense of $432,000 is $283,530, rounded to $284,000. —26— 1 AN ORDINANCE APPROPRIATING $284,000 IN THE NO. 1020 GENERAL. FUND OF ADDITIONAL ANTICIPATED REVENUES TO BE RECEIVED FROM THE PROCESSING OF RESIDENTIAL RECYCLED COMMODITIES AND TO BE USED TO OFFSET RELATED OPERATIONAL EXPENSES; CHANGING THE FY2010-2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING REVENUES AND APPROPRIATIONS BY $284,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Additional anticipated revenues in the amount of $284,000 to be received from the processing of residential recycled commodities are appropriated in the No. 1020 General Fund and will be used to offset related operational expenses. SECTION 2. The FY2010-2011 Operating Budget, adopted by Ordinance No. 028683, is changed to increase revenues and appropriations by $284,000 each. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: June 7, 2011 /„..4u' Eliza•Jh R. Hundley Assis nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHord334 Recycling Revenue 20110603 Page 1 of 2 —27— 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, Council Members Joe Adame Mayor 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 EHord334 Recycling Revenue 20110603 Page 2 of 2 —28— 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 21, 2011 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a draft erosion response plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management and Construction, to the Texas General Land Office for comment. ISSUE: Chapter 15 of the Texas Natural Resources code requires local governments that contain Guff of Mexico public or private beaches to prepare a draft Erosion Response Plan for submittal to the Texas General Land Office by July 1, 2011. Development Services staff has drafted the Erosion Response Plan and amendments to Chapter 10 Beachfront Management and Construction to the Texas General Land Office (TXGLO) for TXGLO comment. Passage of the Resolution documents City Council review and support prior to TXGLO review. REQUIRED COUNCIL ACTION: Consideration and action on Resolution. PREVIOUS COUNCIL ACTION: Approval of a grant from the TXGLO to prepare an Erosion Response Plan. CONCLUSION AND EC9MME J4DATION: Approval of the resolution. 611/44"` - Juan Perales, Jr /, P.E. Assistant City Manager, Departments of Development Services and Engineering Services Email: johnnyp(&.cctexas.com Phone: 361-826-3828 Attachments 1. Background Information 2. Draft Erosion Response Plan 3. Draft Changes to Chapter 10: Beachfront Management and Construction 4. Resolution -31- Draft Erosion Response Plan June 21, 2011 Attachment 1: Background Information BACKGROUND INFORMATION The Texas General Land Office (GLO) has adopted a rule specifying that local governments must forward a draft Erosion Response Plan (ERP) to the GLO by July 1, 2011.1 The Erosion Response Plan (ERP) requirement was created by amendments to the Texas Natural Resources Code passed by the 80th Legislature which make Erosion Response Plans a "...required element in consideration for award of funds for Coastal Erosion Planning and Response Act (CEPRA) Projects by the Commissioner." The purpose of the ERP is to reduce public expenditures for erosion and storm damage losses to public and private property, including public beaches. The Attachment 2 contains the draft Erosion Response Plan. Highlights from the draft plan include: • Designation of a Erosion Response Plan setback located 200 feet landward of the Line of Vegetation. - • Design goal of 100 feet for the minimum desirable width of a public beach to assure safe public access. • Design goal of a minimum 15 feet of height and 200 feet of width for the foredune ridge as protection against hurricane damage and storm surge. • Identification of mitigation sites for building up the height and or width of the dune system. • Short term and long term project priorities for enhancement of the dune system and enhancement of public beach access. • Detailed mapping of the beach dune system and public beach access system. The Attachment 2 contains draft changes to City's Code of Ordinances, Chapter 10: Beachfront Management and Construction. Highlights from the draft changes to Chapter 10 Include: • Establishment of 200 foot building setback line. • Establishment of an Erosion Response Permit for the area seaward of the setback line. • Criteria or findings required prior to issuance of an Erosion Response Permit. • Providing authority for the Planning Director to approve Erosion Response Permits. Title 31 Natural Resources and Conservation, Chapter 1, Subchapter A, Rule 15.17 (4) "...a local government must submit a draft ERP to General Land Office no later than July 1, 2011." Page 1 of 1 —32— Draft Erosion Response Plan June 21, 2011 Attachment 2: Draft Erosion Response Plan —33— DRAFT 5/24/2011 ('!I\ 0I c orpLK c hrkii This study was funded in part by a National Oceanic and Atmospheric Administration grant through the Texas General Land Office —34— Adopted by the Ordinance: Corpus Christi Erosion Response Plan -35- May 24, 2011 Page ii Table of Contents Introduction 1 Setback Line Determination 4 Setback Line Goals 4 Assessment of Erosion Rates 4 Exhibits 1 thru 7: 5 Exhibits 8 and 9: 5 Exhibits 10 thru 12: 5 Exhibits 13 thru 17• 6 Exhibits 18 thru 20: 6 Projected Shoreline 6 Foredune Ridge Dune System Assessment 6 Exhibits 1 thru 7: 8 Exhibits 8 and 9: 8 Exhibits 10 thru 12: 9 Exhibits 13 thru 17: 9 Exhibits 18 thru 20: 9 Federal Emergency Management Agency (FEMA) 9 Line of Vegetation (LOV) 10 Setback Line 11 Useable Public Beach 11 Allowed Construction Seaward of the Setback Line 12 Goals for Enhancement of the Dune System and Beach 14 Dune Goals 14 Beach Goals 14 Vegetation Goals (Seaward of the Setback Line) 15 Sand Fencing 15 Mitigation 15 Definition of Mitigation 15 Scope of Mitigation 16 Mitigation Location 16 Dune System - Mitigation Prioritization 16 Enhancement of Public Beach Access 17 Existing Public Beach Access Inventory 17 Existing Standard for Access along the Public Beach 18 Existing Beach Access Road Design 18 Recent Enhancements to Public Beach Access 19 Corpus Christi Erosion Response Plan May 24, 2011 Page Hi -36- Zahn Road Improvements 19 Packery Channel Recreational Improvements 20 Beach Renourishment / Padre Island Seawall 20 Seawall Parking Lot 20 Whitecap Boulevard Resurfacing and Sidewalk Improvements 20 Priority for Beach Access Improvements 21 Short Term Goals (two years or less) 21 Long Term Goals (greater than two years) 22 Post Storm Recovery 22 Access Inventory 22 Figures Figure 1: Malibu Beach, California 2 Figure 2: West Galveston, Texas 2 Figure 3: Erosion Rates Table 4 Figure 4: Beach Dune System 6 Figure 5: Hurricane Ike. Dune Erosion 7 Figure 6: Blowing Wind Eroding the Dune System 8 Figure 7: Washover Areas on Mustang Island 10 Figure 8: Beach Access Road Alignment 19 Appendix Appendix 1: Packery Channel Development Plan Appendix 2: Dune Assessment and Mitigation Map Exhibits 1-20 Appendix 3: Beach Access and Mitigation Map Exhibit 21 Corpus Christi Erosion Response Plan —37— May 24, 2011 Page iv Introduction The Texas General Land Office (GLO) has adopted a rule specifying that local governments with jurisdiction in the coastal management zone along the Gulf of Mexico Shoreline must forward a recommended/adopted Erosion Response Plan to the GLO by July 11, 2011. The Erosion Response Plan (ERP) requirement is in response to amendments to the Texas Natural Resources Code passed by the 81st Legislature which make Erosion Response Plans a "...required element in consideration for award of funds for Coastal Erosion Planning and Response Act (CEPRA) Projects by the Commissioner." The ultimate purpose of the plan is to minimize future storm damage to public and private property along the Gulf Coast within the local government's jurisdiction. The City of Corpus Christi's jurisdiction, including inside city limits and the Extraterritorial Jurisdiction (ETJ), contain 25 miles of public beach. There are currently 20 miles of public gulf beach inside city limits and 5 miles of gulf beach in the City's five mile extraterritorial jurisdiction. Of the 25 miles of public beach only 6 miles or 24% of the City's beach frontage abuts private lands. This plan is an addendum to Chapter 10: Beachfront Management and Construction in the City's Code of Ordinances. Chapter 10 addresses Beachfront Construction Certificates which are required by state statue for construction activities to protect the public's right of access to and along Gulf of Mexico Beaches. The Beachfront Construction area is generally located between mean high tide and the first paralleling public road or 1,000 feet landward of mean high tide, whichever is greater. There are two exceptions where a Beachfront Construction Certificate is not required: Mustang Island State Park; and the Padre Island National Seashore. Chapter 10 also addresses protection of the beach dune system through the Dune Protection Permit. The City has been granted Dune Protection Permit authority in Kleberg County but Nueces County has not granted Dune Protection Permit authority to the City within Nueces County. However, Chapter 10 is constructed to automatically accommodate Dune Protection Permit authority should Nueces County authorize the City of Corpus Christi to issue Dune Protection Permits in Nueces County. The Dune Protection Permit area is an area that is 1,000 feet landward of mean high tide, except for the area adjacent to the North Padre Island sea wall. Adjacent to the seawall, the Dune Permit area is between mean high tide and the "toe" of the seawall. A Dune Protection Permit is not required for either Mustang Island State Park or the Padre Island National Seashore. Corpus Christi Erosion Response Plan —38— May 24, 2011 Page 1 In order to develop the Erosion Response Plan, the Texas General Land Office (GLO) and City Staff compiled a work program and subsequently obtained a GLO grant. The City provided an in-kind match consisting of mapping, research, formulating the plan and other tasks necessary for developing the plan. The primary reason for completing an Erosion Response Plan (ERP) is to reduce future storm damage and to protect public access to the Gulf Beach for future generations. In Figure 1, the picture of the famous Malibu Beach memorialized by the Beach Boys in the 1960s clearly makes the point that effective measures to protect the dune system, the public beach and future public access are justified. Figure 2, illustrates that the issues of dune protection and protection of beach access are close to home here in Texas. An important secondary reason for completing a local ERP is so that the City will continue to be eligible for Texas General Land Office coastal management grants. A criterion for the award of future grants is that the city must have an Erosion Response Plan approved by the Texas General Land Office. Texas Administrative Code 15.41 contains a two stage Figure 1: Malibu Beach, California Figure 2: West Galveston, Texas Corpus Christi Erosion Response Plan —39— May 24, 2011 Page 2 evaluation process for Coastal Erosion Studies and Projects with the second stage establishing whether a "...local government has implemented an Erosion Response Plan for reducing public expenditures due to erosion and storm damage losses." The essential elements that are included in this Erosion Response Plan, per the work program developed by the GLO and the City, include the following: • A construction setback line landward of the vegetation line; • Criteria for establishing the setback line; • Criteria for construction within the setback area; Allowances for exemptions to the setback criteria for existing structures or where there is no practicable alternative; • Conditions for construction of exempt structures; • An inventory of all existing and proposed public beach access amenities and access ways; • Procedures for preserving and enhancing the public's right of access to and use of the public beach after a storm event; • Post storm damage assessment and requirements for rehabilitation; • Procedures for preserving, restoring and enhancing critical sand dunes for natural storm protection; • Requirement for public input and public meetings prior to City Council action; and • Ensuring the City's Chapter 10 Beachfront Management and Construction code or any other City codes are changed for consistency with the Erosion Response Plan. Creation of this plan required the City to review the Bureau of Economic Geology's 50 year erosion rates (2004) for consistency with the most recent natural or manmade beach erosion trends. As part of this review staff obtained scientific assistance from local, state and national experts and or studies of sea level rise and coastal erosion. Corpus Christi Erosion Response Plan May 24, 2011 Page 3 —40— Setback Line Determination A key finding of this plan is the determination of the setback line. The setback line is measured from the line of vegetation on the beach landward to a specified point which will become known as the Erosion Response Plan Setback Line. The purpose of the setback line is to minimize storm damage to structures on the island by preserving the area seaward of the Setback Line and minimizing the number of structures in the area. The plan is also intended to target for improvement, those foredune areas where the dune system is narrow or contains the lowest elevation of dunes, presenting the weakest protection against storm surge. Setback Leve Goals • Minimize future storm and flood losses; • Allow development to occur while providing sufficient seaward lands to accommodate public access along the gulf beach; • Preserve sufficient dune system width to sustain the existing and future critical dune system; • Identify criteria, uses and structures where no practicable alternative exists for construction seaward of the setback line. - Assessment of Erosion Rates The criteria for establishing the setback line is based on scientific studies of the shoreline erosion along the Texas Coastline based during the last 50 years (Bureau of Economic Geology). State law provides that a determination of erosion rates shall be based on the University of Texas at Austin, Bureau of Economic Geology (BEG) or other sources approved by the Texas General Land Office. Figure 3 is an adaptation from the Erosion Rate Analysis Shoreline Trend Texas Shoreline (1850- 2000) -2.3 64.0 -30.2 -5.9 36.0 48.8 3.0 Mustang Island -2.4 95.5 -6.7 -2.6 4.5 5.5 2.0 North Padre Island -2.7 92.7 -6.6 -3.0 7.3 0.7 0.3 Note: Mustang Island is the area north of Packery Channel to the Port Aransas City Limits. Erosion Rates Accretion Rates (Ft/Yr) (Ft/Yr) Mean Shoreline Change (average of % of % of all transects Coast Coast in ft/yr) Eroding Max Mean Accreting Max Mean Figure 3: Erosion Rates Table Corpus Christi Erosion Response Plan —41— May 24, 2011 Page 4 State Erosion Response Plan modified to include a summary of Mustang Island and North Padre Island erosion and accretion rates. An analysis of the shoreline 50 year erosion rates indicates that over 90% of the gulf shoreline in the City and its Extraterritorial Jurisdiction is eroding compared with 64% of the Texas Gulf Coast. However, the average erosion rate on the two islands (Mustang Island and Padre Island, -2.7 and -2.4 feet per year) is significantly less than the average rate of 5.9 feet per year for the Texas Coast. The following is a brief summary of the Bureau of Economic Geology's erosion rates depicted on 20 map exhibits in Appendix 2: Dune Assessment and Mitigation Maps. Exhibits 1 thru 7: Starting with the southern portion of the study area, Exhibits 1 thru 7 are located in Kleberg County with Exhibits 1 thru 4 encompassing a portion of the Padre Island National Seashore. Overall, Exhibits 1 thru 7 show a gradually increasing erosion rate in a south to north direction along the public beach. The most southerly point in Exhibit 1 shows the highest accretion rate in the first seven Exhibits with a change rate of +0.71 feet per year. Exhibit 1 also is the only exhibit in the study area with more accretion change rates than erosion change rates. However, erosion begins to dominate change rates starting with Exhibit 2 and continuing to Exhibit 7. Erosion rates gradually increase proceeding northward to a point in Exhibit 7 where erosion is over -4 feet per year. Exhibits 8 and 9: Exhibits 8 and 9 are located immediately south of the Kleberg and Nueces County Line. Erosion rates quickly increase to the -5 and -6.5 foot plus range. However, erosion rates begin to creep back downward at the northern end of Exhibit 9, where rates fall under -6 feet per year. Exhibits 10 thru 12: Exhibits 10 thru 12 encompass beaches abutting Padre Balli Park (Exhibit 10), the Padre Island Sea Wall (Exhibit 11 and 12), and Packery Channel / State land leased to the City (Exhibit 12). Erosion rates are generally in the -4 and -5 foot range with a few exceptions. The Erosion Rates published by the Bureau of Economic Geology for the areas on either side of Packery Channel do not take into account the 2003 construction of Packery Channel jetties. Recent studies of the area suggest that erosion south and north of the jetty has been reduced or even changed to an accreting beach. The City is monitoring beach erosion in the area and recent aerial photos of the jetties also depict an accumulation of beach sand. Corpus Christi Erosion Response Plan May 24, 2011 Page 5 —42— Exhibits 13 thru 17: County park land is located in Exhibit 13 and Mustang Island State Park beaches appear in Exhibits 14 thru 17. Except for 025 miles on either side of the Fish Pass in Exhibit 16 showing accretion rates, the beaches in this area are eroding. Erosion rates north of the Fish Pass increase significantly from a low near the Fish Pass of -0.17 feet per year to -1.94 feet per year at the north end of Mustang Island State Park. Exhibits 18 thru 20: For Exhibits 18 thru 20 on Mustang Island, the erosion /accretion rates fluctuate from -1.0 to 1.5 feet per year. However, there are a few exceptions located on the northern edge of the study area (Exhibit 20) which exceed -1.5 feet with a maximum rate of - 2.32 feet per year. Projected Shoreline The map exhibits in Appendix 2, contain the Bureau of Economic Geology's projected 2060 shoreline that incorporates predicted erosion rates and sea level rise data. Each of these data items provides an indicator of future change along the shoreline based on scientific data and begins to paint a picture of the future of the shoreline in terms of factual, measurable and quantitative data. For additional information, see the Texas Erosion Response Plan located on the Texas General Land Office website: htto://www.glo.texas.clov/what-we-do/caring-for-the-coast/ documents/coastal- erosion/response-clans. Figure 4: Beach Dune System Typical aoss section of a Texas barrier Island Actual condleons may vory. Foredune Ridge Dune System Assessment While many factors impact the viability and strength of the dune system, this study addresses the minimum desired height, width and vegetative cover of the foredune ridge in the dune system and the minimum desired beach width. Studies have shown that a foredune ridge of approximately ten feet in height offers significant protection to Corpus Christi Erosion Response Plan May 24, 2011 Page 6 —43— beachfront construction.' In a study prepared in 2009 for the Texas General Land Office (TGLO), one of the conclusions was that damage to beachfront construction will be minimal where there is a ten foot high foredune ridge with a width of approximately 200 feet. Figure 3, taken from the TGLO2 Dune Protection and Improvement Manual, illustrates a typical cross section of the dune system on the Texas coast. The barrier island, and in particular the foredune ridge, is the first line of defense from the impact of a hurricane and associated storm surge. Figure 4: Washover Damage to the Dune System Regarding beach width, a wide beach can keep the storm waters or storm surge from cutting away the base of the dune system. After Hurricane Ike in 2008, there was a clear shearing away of coppice mounds to the Line of Vegetation (LOV). The beach typically will act as a buffer where sediment can be deposited and the wind can then transport the sediment toward the dune system. Where the beach has eroded away and is very narrow, normal wave action Figure 5: Hurricane Ike Dune Erosion tfliCaitar 1 "Defining and Mapping Foredunes, the Line of Vegetation, and Shorelines along the Texas Gulf Coast", James C. Gibeaut, Harte Research Institute for Gulf of Mexico Studies, Texas A & M University -Corpus Christi and Tiffany L. Caudle, Bureau of Economic Geology, Jackson School of Geosciences, The University of Texas at Austin. 2 Texas General Land Office Dune Protection and Improvement Manual for the Texas Gulf Coast, Fifth Ed., page 4. Corpus Christi Erosion Response Plan May 24, 2011 Page 7 —44— can erode away the base of the foredune ridge much like a sand castle on the beach is washed away with an incoming tide. Figure 6: Blowing Wind Eroding the Dune System Vegetative cover holds the dune system in place. Where the dune system contains less than 75% coverage, the dune system is much more susceptible to creation of a "blow out" from high winds. Figure 6, from the GLO Dune Protection and Improvement Manual helps to illustrate how a sparsely vegetated dune is eroding by coastal winds. Healthy dune vegetation helps to protect dunes, by catching blowing sand and creates biological diversity. The following is a brief description of the height, width and vegetative coverage characteristics of the foredune ridge illustrated on Exhibits 1 thru 20. Aerial photos or field surveys where used to assess dune vegetative coverage.3 Exhibits 1 thru 7: Exhibits 1 thru 7 show a nearly continuous line of dunes of 15 to 20 foot in height exist. The width of the dune system varies widely but is generally at least 200 to 400 feet or more in width. Exhibits 8 and 9: Dunes in Exhibits 8 and 9 are characterized by dune heights of 8 to 15 feet with an occasional dune of 20 feet in height. The width of the foredune ridge is approximately 200 to 300 feet in width and vegetative cover is over 75% or more based on 2009 aerial photos. 3Aerial photos were not available for Exhibits 1 and 2. 2003 aerial photos where used to evaluate vegetative cover for Exhibits 3-9. 2009 Aerial photos where used to evaluate vegetative cover in the dune system for Exhibits 10-20. Corpus Christi Erosion Response Plan May 24, 2011 Page 8 —45— Exhibits 10 thru 12: Except for the area behind the Padre Island Sea Wall, the dune system is approximately 15 feet in height with a trend toward a taller and wider dune system in Exhibit 12. The width of the foredune ridge is in the 200 to 350 foot width range. Vegetative cover appears to be over 75% except in the dune enhancement area on the north side of Zahn Road. The dune enhancement area is part of a Dune Protection Permit for the Preserve at Mustang Island subdivision. Currently, the vegetative cover is approximately 50% and expected to fill in over the next year as part of the compliance for the existing Dune Protection Permit. Exhibits 13 thru 17: Exhibits 13 - 17 encompass County Park land and Mustang Island State Park (Exhibits 14-17). Two historical washout areas also exist, Newport Pass (Exhibit 13) and Corpus Christi Pass (Exhibit 14). The foredune ridge in these exhibits is not as continuously parallel with the line of vegetation as in Exhibits 1-12. Exhibits 13 and 14 show a combination of dune heights from 8 to 20 feet in height with a foredune ridge of approximately 350 feet wide. A varying pattern in the foredune ridge can be observed in Exhibits 14 thru 17 with isolated 15 and 20 foot high dunes. In several areas a line of 15 to 20 foot high dunes have migrating in a finger like pattern to the west. North of the Fish Pass in Exhibits 16 and 17 the foredune ridge appears to grow in height with a slightly more defined 200 to 250 wide foredune ridge parallel with the Line of Vegetation. Vegetative cover appears to be nearly continuous at 75% coverage or more. Exhibits 18 thru 20: Exhibits 18 through 20 encompass private lands north of Mustang Island State Park. The foredune ridge is characterized by a shorter dune system in the south half of Exhibit 18 with dunes of about 8 to 10 feet in height with several isolated taller 15 to 20 foot dunes About mid -point in Exhibit 18 the dune heights increase to 15 to 20 feet in height and continue thru Exhibits 19 and 20. The width of the Foredune Ridge appears less defined but ranging from 200 feet to 400 feet in width. The Foredune Ridge is not continuous, but contains several gaps or breaks with shorter dune heights. Vegetative cover appears to be 90 to 100% excluding areas of development. Federal Emergency Management Agency (FEMA) The Federal Emergency Management Agency (FEMA) flood zone determination maps indicate that the foredune ridge is located in a Velocity Zone 14 (Elevation 14 feet). A velocity zone is an area predicted by FEMA, to contain high velocity flowing flood water during a major storm event. Within a V -Zone along the Gulf Beach the minimum Corpus Christi Erosion Response Plan May 24, 2011 Page 9 —46— designated structural height, measured from the lowest horizontal structural member, is 14 feet above mean sea level. Given that dune systems of at least 10 feet in height and 200 feet in width offer substantial protection from storm losses and that FEMA requires a minimum base flood elevation for structures of 14 feet in the V -Zones within the foredune ridge, this plan establishes the minimum design criteria for a dune system as a dune system with a foredune ridge height of 14 feet mean sea level (msl) and a minimum desirable width of the dune system of 200 feet with at least 85% vegetative coverage. This criteria is defined as having been achieved if within any 100 foot segment, measured linearly along the public beach, there are dunes of the prescribed height, the dune system contains the required width, and the dune system is at least 85% vegetated. Studies by the BEG have shown that natural washouts provide a valuable function to allow flood waters to flow past the dune system or to allow flood waters to recede back out to the ocean. Where it can be demonstrated that an area's lack of a dune system meeting minimums for height, width and vegetative cover are due to the area being part of a natural washout, the area will not be targeted for mitigation. 4 Line of Vegetation (LOV) The beach setback line in Nueces and Kleberg Counties within the Corpus Christi jurisdiction shall use the Line of Vegetation (LOV) obtained from the most current available registered aerial photos. For purposes of this study, 2003 and 2009 aerial photos have been use to delineate the Line of Vegetation. Figure 7: Washover Areas on Mustang Island Vegetative cover of fully developed dune systems within the study area consistently contained vegetative cover that 4 Mapping and Characterization of Significant Washover Features: Texas Gulf Shoreline, Kimberly K. McKenna, P.G., Final Report of the Texas General Land Office, August 2007. Corpus Christi Erosion Response Plan —47— May 24, 2011 Page 10 approached 100%. Based on the high existing vegetative coverage of the existing dune system, the minimum plan criteria for vegetative cover system shall be 85% coverage not including washout areas, channels, or public beach access ways. Setback Line (SBL) Based on the evaluation of the dune system and BEG studies indicating that a minimum foredune ridge of at least 200 feet offers substantial protection from stormsurge damage, a 200 foot Setback Line is established. The 200 foot setback line shall be measured landward of the Line of Vegetation but shall not extend beyond the 1,000 foot Dune Protection Line. In addition, the setback line shall not apply to exempted areas (Federal or State lands) or landward of the toe of the seawall on North Padre Island. Useable Public Beach Given the prediction of sea level rise and erosion of the public gulf beach, a minimum desired standard for public beach width is also established by this plan. Establishing the criteria for what is the public beach is also addressed in Gibeaut and Caudle's studys. According to the study, the useable portion of the public beach can generally be defined as that area between the Line of Vegetation and the wet/dry line of the aerial photography. These two points are generally located between the 4 foot and 2 foot elevations on the beach except for the mid -Texas coast line which may have a higher elevation. Many studies note that a wide beach in addition to a healthy dune system provides protection from erosion caused by seasonal high tide and storm surge events. After review of the GLO LIDAR Contour Lines and 2009 aerial photos, the continuousb Line of Vegetation (LOV) varies between the 8 foot contour and the 12 foot contour in Nueces and Kleberg Counties. Therefore, a visual determination of the Line of Vegetation from aerial photos has been used to establish the Line of Vegetation on North Padre Island and Mustang Island. The GLO LIDAR 2 foot contour line compared with the 2009 Aerial Photo wet/dry line appeared to be a good match for purposes of determining the mean high tide line. For purposes of this plan, the 2 foot contour line will be used to establish mean high tide and the seaward boundary of the Beachfront Construction and Dune Protection areas. 5 Defining and Mapping Foredunes, the Line of Vegetation, and Shorelines along the Texas Gulf Coast James C. Gibeaut, Harte Research Institute for Gulf of Mexico Studies, Texas A&M University -Corpus Christi, Tiffany L. Caudle, Bureau of Economic Geology, Jackson School of Geosciences, The University of Texas at Austin, 2009. e Line of Vegetation - The extreme seaward boundary of natural vegetation which spreads continuously inland. The line of vegetation is typically used to determine the landward extent of the public beach. Title 31. Natural Resources and Conservation Part 1.Chapter 15.Subchapter A.15.2(41) Corpus Christi Erosion Response Plan —48— May 24, 2011 Page 11 In the study area the average width of the public beach, measured between the mean high tide to the line of vegetation, on Mustang Island is 194 feet wide (not including Mustang Island State Park) and on North Padre Island is 280 feet wide (Nueces County only). For purposes of assessment of the beach, a minimum desirable beach width to protect the foredune ridge shall be at least 100 feet in width measured from mean high tide (2 foot contour) to the line of vegetation. It is noted; however, that the minimum width established by this plan will not be used as a standard to allow mitigation and placement of beach maintenance materials in a method that will minimize the public beach easement. The minimum width standard will be used to assess areas where the beach has narrowed due to erosion and will assist the City in prioritizing areas where beach renourishment may be needed to widen the beach. Allowed Construction Seaward of the Setback Line 1) Dune Walkovers, beach access roadways, public parking and associate public facilities, constructed in accordance with the Texas General Land Office construction standards, are allowed structures. 2) Reconstruction of existing nonconforming structures are allowed provided that the footprint of the structure is not expanded, the use of the structure has not ceased to exist or is abandoned for a period of more than 12 months and that the structure has not been damage or destroyed by whatever means by more than 50% of its value. 3) New construction is allowed provided that the lot or tract has been platted prior to August 31, 2010 and there is no other practical alternative for construction and that the construction meets FEMA requirements. For allowed construction, under items 2) and 3) above, the allowed construction shall be subject to the following additional requirements: 1) Plans and certifications for the structure shall be sealed by a registered professional engineer licensed in the State of Texas; 2) The Plans and specifications shall: a. Require habitable structures to contain a minimum of two -foot freeboard above Base Flood Elevation (BFE) to the finished floor elevation of the lowest habitable floor; b. No enclosures below Base Flood Elevation area allowed except those allowed by FEMA; Adoption date of State Statute for the Coastal Public Lands Act, codified as Section 33.607(e), Texas Natural Resources Code Corpus Christi Erosion Response Plan —49— May 24, 2011 Page 12 c. Be consistent with the latest edition of specifications outlined in American Society of Civil Engineers, Structural Engineering Institute, Flood Resistant Design and Construction, ASCE 24-05; d. Require all habitable structures to be feasibly relocateable; and e. All construction shall be designed to minimize impacts to natural hydrology. If the construction does not meet conditions 1, 2 or 3 under Allowed Construction, then the location of all construction should be landward of the landward toe of the foredune ridge, and as far landward as practicable. The "landward toe of the foredune ridge" is defined as the 200 foot Setback Line. Exempt Construction The requirement for a dune protection permit and/or a beachfront construction certificate shall not apply to: 1) State or national parks, wildlife refuges, preserves, or other designated state or national natural areas provided that this exemption does not apply to state lands used for nongovernmental purposes requiring a Development Plan under Texas Natural Resources Code, § 31.161 et seq. 2) Routine repairs, maintenance and upkeep of existing structures, which do not enlarge or expand the existing structure except as provided in this section. 3) Construction located landward of the toe of the North Padre Island Seawall (concrete and wooden seawalls) shall be exempt from the setback requirements and the Dune Permit because the manmade structure of the seawall has eliminated the natural beach profile necessary for dune system formation and that a sand dune system does not exist landward of the seawall. 4) A Beachfront Construction Certificate is not required landward of the concrete seawall on North Padre Island as the City has constructed a public parking lot with approximately 300 parking spaces to satisfied the requirements for beach access along the concrete sea wall. Corpus Christi Erosion Response Plan —50— May 24, 2011 Page 13 Goals for Enhancement of the Dune System and Beach Duane Goals Promote the formation of a continuous foredune ridge of at least 14 feet in height, with a minimum width of 200 feet wide measured perpendicular to the gulf beach and which contains at least 85% of vegetative cover. • Use seaweed as a means to fill-in designated mitigation areas. However, seaweed placement as a "front stacking technique" along the seaward face of dunes must not be placed on existing dune vegetation landward of the Line of Vegetation, as the seaweed will block sunlight to the living vegetation and the vegetation may die. Front stacking of seaweed poses a risk of narrowing the public beach, therefore, front stacking of seaweed must be considered a temporary location (two to three months) for seaweed until the seaweed has dried out and can be redistributed back onto the beach. • "Back stacking" of seaweed to fill in low dune areas is a preferred method of seaweed disposal under certain conditions. Back stacking of seaweed in locations that are generally behind the seaward face of the Foredune Ridge. Two key factors in determining if "Back stacking" is an appropriate technique are getting physical access to the low area without destroying portions of the foredune ridge and getting the property owner's permission to backstack. Beach Goals The minimum desirable width of the public beach should be at least 100 feet in width from the Line of Vegetation seaward to mean high tide. • Motor vehicles are not allowed to operate within 50 of the waters edge of any gulf beach and the minimum two-way travel width for motor vehicles is 24 feet provided that the two-way travel lanes are not within 20 feet of the Line of Vegetation. • Beach cleaning methods shall be in accordance with a Corp of Engineers Permit and use the least impactive method for removal of seaweed and liter in order to prevent the grading down of public beach and or narrowing of the public beach. • Maintaining the public beach in a natural state without mechanized beach cleaning is encouraged in areas of low usage or where the beach abuts low density development or undeveloped land. The public goal for these areas should be to keep two travel lanes open for beach access. • The City should conduct an assessment of the public beach width at least every five years unless there is evidence of significant erosion then annual assessment maybe necessary. Portions of the public beach that currently warrant an annual Corpus Christi Erosion Response Plan —51— May 24, 2011 Page 14 assessment include the beach in front of the seawall and the beach between the Packery Channel and the State Park. Vegetation Goals (Seaward of the Setback Line) Mowing / cutting of vegetation within the setback area will not be allowed except for exempt areas. For mitigation projects requiring revegetation appropriate dune vegetation includes: • Seaward face of dunes: Bitter Panicum (grass), Sea Oats (grass), Marsh Hay Cordgrass (grass), beach morning glory (vine) and seagrapes (vine). • Landward side of dunes: Low -growing plants and shrubs found on the back side of the dunes include seacoast bluestem, cucumber leaf sunflower, rose ring gallardia, partridge pea, prickly pear, and lantana. Many of these are flowering plants, an attractive alternative to dune grasses though less effective as dune stabilizers.8 • Native Hay: A sometimes more effective technique is to place a three to six inch layer of native hay, composed of the above listed dune vegetation, on bare sand areas. This technique provides immediate protection from blowing sand and will start the natural process of re -seeding from the seeds in the hay. The hay must be harvested in the fall when the mature seeds are present. The best time to cut the hay and place the layer of hay is in the fall and winter. This technique is generally less costly and more effective than traditional methods since the grass is readily available on the island and due to the large quantity of seeds compared to individual hand plantings. Sand Fencing Encourage the use of sand fencing, in limited applications, to build up the dunes were revegetation alone is unlikely to be sufficient to create the appropriate height and width of the dune system. Sand fencing should be used as a first step toward building up low areas and creating coppice dunes, prior to revegetation. Mitigation Definition of Mitigation Mitigation may be any construction project which either enhances the dune system or beach access, consistent with this plan. 9 Coastal Dunes: Dune Protection and Improvement Manual for the Texas Gulf Coast. Corpus Christi Erosion Response Plan —52— May 24, 2011 Page 15 Scope of Mitigation Mitigation construction projects will usually result in the enhancement or building up of the dune system. However, a mitigation project may also be for enhancement of public beach access or to provide public education benefits concerning proper care of the public beach, i.e., litter pick-up, proper disposal of fishing bait, information on protecting wildlife and native habitats contained in the beach/dune system or other beneficial projects which meet to goals of the Erosion Response Plan. Mitigation Location A mitigation construction project shall be located within the 1,000 foot Dune Protection Area except where a mitigation project will enhance public access, then the limits of the project may extend to the first paralleling public road. Dune System .. Mitigation Prioritization An assessment of the dune system was based on on-site inspections, local historical knowledge, and the data contained on the Exhibits in this plan (contours, 2009 aerial photos, etc.). Opportunities for mitigation to enhance the dune system or public beach are prioritized based on the following criteria. 1. Protection of existing development seaward of the erosion area line. 2. Protection of existing vacant platted lots located seaward of the erosion area line. 3. Protection of existing development landward of the erosion area line. 4. Protection of existing vacant lots platted landward of the erosion area line. Under these four priorities the dune system has been evaluated to look for portions of the dune system where the foredune ridge is: • Is less than 14 feet in height?; • Is less than 200 feet wide; • Contains less than 85% vegetated coverage. In addition, a secondary concern is where the Gulf beach is narrower than 100 feet measured from the mean high tide to the Line of Vegetation. Appendix 2 identifies areas for dune enhancement based on the above criteria. 914 feet exceeds 75% of the FEMA BFE. Corpus Christi Erosion Response Plan —53— May 24, 2011 Page 16 Funding for Dune Mitigation Projects The City will seek funding in partnership with Nueces County or other agencies to promote protection of or enhancement of the dune system within the City's area of jurisdiction. (Nueces County inside city limits and Kleberg County inside city limits and in the Five Mile Extraterritorial Jurisdiction) The City will pursue grants for Dune Mitigation Projects from the GLO or other state and federal agencies if local matching funds can be identified. Enhancement of Public Beach Access Existing Public Beach Access Inventory Within Corpus Christi's Beachfront Construction Certificate authority there are 12 existing public beach access roads and three (3) beach parking lots. (See Appendix 3) These beach access points are composed of: > Four (4) City owned/maintained public beach access roads and, one (1) beach parking lot on the Padre Island Seawall • Beach Access Road # 2, located 7.3 miles south of Beach Access Road 1 on Mustang Island in the City of Port Aransas • Zahn Road, located 1.2 miles south of Newport Pass Road on the north side of Packery Channel • Beach Access Road # 3-A, located on the south side of Packery Channel via Windward Drive • Whitecap Boulevard, located 0.8 miles south of Beach Access Road #3-A at the south end of the concrete seawall on North Padre Island • Beach Parking lot, located between Beach Access Road #3-A and Whitecap Boulevard on North Padre Island > Five (5) County owned/maintained public beach access roads and, one (1) beach parking lot at Padre Balli Park • Newport Pass Beach Access Road, located south of Mustang Island State Park on Mustang Island • Beach Access Road # 4, located 0.3 miles south of Whitecap Boulevard on North Padre Island • Beach Access Road #5, located 0.4 miles south of Beach Access Road #4 on North Padre Island • Padre Balli Park entrance road, located 0.3 miles south of Beach Access Road Five on North Padre Island Corpus Christi Erosion Response Plan —54— May 24, 2011 Page 17 • Beach Access Road #6, located 0.4 miles south of the Padre Balli Park entrance road on North Padre Island • Beach Parking lot at Padre Balli Park, located between the park entrance road and Beach Access Road #6 on North Padre Island ➢ Two (2) State owned/maintained public beach access roads on Mustang Island State Park • Mustang Island State Park entrance road, located 2.6 miles south of Beach Access Road #2 on Mustang Island • Beach Access Road #3, located 2.2 miles south of the Mustang Island State Park entrance on Mustang Island ➢ One (1) Federally owned/maintained beach access road on North Padre Island • Padre Island National Sea Shore beach access road, located 7.5 miles south of Beach Access Road #6 in Padre Balli Park. Existing Standard for Access along the Public Beach The City has no intent to close vehicular access to any portion of the public beach. Any closure of the beach to public vehicular access requires an affirmative vote of the citizens of Corpus Christi in a public referendum per City Charter. Temporary closure of public beach access is allowed for the purpose of protecting the public during times of seasonal high tides, proceeding landfall of a tropical storm or during times of any other public emergency where travel on the public beach presents a public risk. Any temporary closure must be approved by the City Manager. By Chapter 10 of the City Code the public beach is safely passable if there is sufficient room for two travel lanes and provided that the travel lanes cannot be closer to mean high tide than 50 feet and not closer to the Line of Vegetation than 25 feet. Existing Beach Access Road Design Each of the beach access roads are paved with asphalt, contain two travel lanes (20-24 feet), and 5 foot to 8 foot wide gravel shoulders. However, there are three exceptions to this design: Zahn Road, Whitecap Boulevard and the Padre Balli Park entrance. Corpus Christi Erosion Response Plan —55— May 24, 2011 Page 18 For Zahn Road there is a five foot gravel pedestrian walk way along the north edge of the roadway. Whitecap Boulevard contains a stamped concrete 10 foot wide sidewalk landward of the 200 foot Erosion Area Line. Seaward of the Erosion Area Line the sidewalk on Whitecap Boulevard narrows to a five foot width and is composed of brick pavers. Whitecap Boulevard is the only access road that contains six inch curbs. The Padre Balli Park entrance beach access road is the only access roadway that is divided by a wide median. Except for Newport Pass Beach Access Road, each of the beach access roadways are aligned perpendicular to the beach without the Texas General Land Office recommended curvature to the north away from the prevailing winds. See Figure 8. In addition, the existing beach access roads do not have a raised "hump" landward of the public beach as recommended by the Texas General Land Office design guidelines for construction of beach access roads. Figure 8: Beach Access Road Alignment Recent Enhancements to Public Beach Access Recent city improvements to enhanced beach access include reconstruction of a portion of Zahn Road, beach renourishment in front of the seawall, the Padre Island Sea Wall Parking lot, resurfacing /sidewalk improvements to Whitecap Boulevard and Packery Channel recreational improvements. Zahn Road hoproventents Zahn Road, located immediately north of Packery Channel, was reconstructed in 2009 as part of a development agreement between the developer of Tortuga Dunes Subdivision and the City. Total project costs for the City where approximately $1,291,538 and $523,837 for the developer. Improvements made to the Corpus Christi Erosion Response Plan —56— May 24, 2011 Page 19 street included: a gravel sidewalk along the northern edge of the roadway, resurfacing, etc. Beach Renourishment / Padre Island Seawall As part of the Packery Channel Project, the beach in front of the Padre Island Sea Wall was renourished with a grant from the Texas General Land Office in 2003. The cost of the renourishment was $1.3 million. Seawall Parking Lot A 300 space seawall parking lot was constructed in 2006. The parking lot is landscaped, contains an ADA access ramp from the sea wall to the beach and in 2008 public restrooms and outdoor showers were added to the facility. The cost of the parking lot, ADA access ramp and the restrooms was $1.2 million. Whitecap Boulevard Resurfacing and Sidewalk Improvements In 2010, Whitecap Boulevard was resurfaced and curbs where repaired. The project also included a new 10 foot wide stamped concrete sidewalk from Windward Drive to the 200 foot Erosion Area Line Boundary. Seaward of the Erosion Area Boundary the existing five foot wide brick paver sidewalk was repaired and refurbished. The cost of the project was approximately $540,000. Packery Channel Recreational Improvements The Packery Channel was constructed in 2002-2005. The Packery Channel project was a 21.4 million dollar project to dredge a channel between the Laguna Madre and the Gulf of Mexico and to construct two 1,400 foot jetties. In addition, 1.1 million was spent to provide an access road, large car and trailer parking and two boat ramps. Parking, overlooks, restroom facilities, ADA access ramps and a pavilion are planned for construction by 2014. Costs for these improvements are estimated to be approximately $4.8 million dollars. The City of Corpus Christi also has other significant costs associated with the beach including beach cleaning at an annual cost of over $700,000 per year, fire protection costs include the city newest Fire Station at the north end of Mustang Island State Park and police patrol for the beach area. Corpus Christi Erosion Response Plan May 24, 2011 Page 20 —57— Priority for Beach Access Improvements The prioritization for beach access improvements should be based on: 1. Enhancing Public safety. • Spacing of beach access roadways to allow quicker access to on beach emergencies — where beach access roadways are spaced at intervals of greater than 1 mile • Signage at beach access points to warn the public of natural hazards, rip tides, etc. 2. Improvements to protect the access and surrounding developed property from storm surge damage. • Realignment of the beach access in accord with GLO Guidelines. • Placing a raised hump in the roadway landward of the beach per GLO Guidelines. 3. Beach renourishment where the narrow width of the beach becomes a safety hazard. • Renourishment of the beach where the width of the beach is less than 100 wide. 4. Amenities to benefit the general public's beach access experience. • Improvements to high use areas of the beach — public showers and restrooms landward of the public beach • Packery Channel improvements for access to the channel walkway, outlooks, channel fishing amenities, etc. Based on the criteria above the following is a list of beach access improvements. Short Term Goals (Three years or less) 1. Obtain right-of-way for a new beach access roadway north of Mustang Island State Park. Currently there is a 7.3 mile distance between Beach Access Road 1 in City of Port Aransas and the Beach Access Road 2 in the City of Corpus Christi. 2. Obtain right-of-way for a new beach access roadway south of Access Road 6. 3. Continue monitoring of the beach at Packery Channel. Corpus Christi Erosion Response Plan May 24, 2011 Page 21 —58— 4. Install on beach bollards in front of the seawall to delineate vehicular and non- vehicular beach access areas. 5. Packery Channel Improvements — parking, outlooks, restrooms, ADA access improvements, etc. Long Term Goals (greater titan two years) 1. Obtain right-of-way for realignment of Beach Access Road 2 according to GLO Guidelines. 2. Construct a new beach access roadway north of Beach Access Road 2 to reduce emergency response times to beach emergencies at the northern end of Mustang Island inside the City of Corpus Christi. 3. Construct a new beach access roadway south of the Beach Access Road 6 to reduce emergency response times to beach emergencies between Beach Access Road 6 and the National Sea Shore Beach Access Roadway. Currently, there is 7.5 mile spacing between Beach Access Road 6 and the National Sea Shore Beach Access Roadway. 4. Renourishment of the beach in front of the Padre Island Seawall. 5. Monitoring and renourishment of the beach north of Mustang Island State Park. 6. Packery Channel fishing and outlook amenities. Post Storm Recovery Access Inventory Following the land fall of a hurricane, City staff will conduct the following measures to ensure public access to and use of the public beach. 1. Conduct inspections of all designated beach access points to determine whether the public is able to access the beach. 2. Compile a list of required repairs and replacements, including but not limited to parking areas, pedestrian pathways, vehicular access ways, and signage. 3. Create schedules for public access area repairs and replacements based on local funding and grant requests. Corpus Christi Erosion Response Plan —59— May 24, 2011 Page 22 Draft Erosion Response Plan June 21, 2011 Attachment 3: Draft Changes to Chapter 10: Beachfront Management and Construction -60- Page 1 of 27 ORDINANCE ADOPTING THE CITY'S EROSION RESPONSE PLAN; AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, BY DESIGNATING THE EROSION RESPONSE BUILDING SET -BACK LINE OR EROSION SET -BACK LINE, REQUIRING AN EROSION RESPONSE PERMIT FOR CONSTRUCT:._-'. SEAWARD OF THE EROSION SET -BACK LINE, AND MA CHANGES TO THE CHAPTER; A RESPONSE PLAN AS AN APPEN CHRISTI, TEXAS, DUNE PR REGULATIONS; PROVIDING SEVERANCE; PROVIDING DELAYED EFFECTIVE DAT WHEREAS, a provision of th Texas Natural Resources C plan for reducing public expe and private property, including oastal Pu TION PENA CA OTHER CONFORMING THE CITY'S EROSION HE CITY OF CORPUS BEACH ACCESS LT ,;,,. PROVIDING FOR TION; r `ND PROVIDING A Lands Act, codified as Section 33.607(e), to prepare a local erosion response and storm damage losses to public WHEREAS, the { 'I ero" »n res ':;; se plan is required to include a building set -back line that will a mod ` 'shoreli etreat; WHEREAS the " "` rasion response plan may: hance the public's right of access to and use of the public p ritical sand dunes for natural storm protection and conservation (3) Establish a building set -back line no further landward than the dune protection line established by the local government; (4) Provide for the prohibition of new construction seaward of the building set- back line; and (5) Provide for the acquisition of fee title to or a lesser interest in property seaward of the building set -back line; WHEREAS, under the implementing rules adopted by the Texas General Land Office in 31 TAC 15-17, the local erosion response plan may include: (1) A building set -back line that will accommodate a shoreline retreat based upon historical erosion rates as determined by the University of Texas at Austin, ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —61— Page 2 of 27 Bureau of Economic Geology, or other source approved by the General Land Office; (2) A prohibition on new construction seaward of the building set -back line to ensure that to the maximum extent practicable, all structures should be constructed landward of the building set -back line; (3) Consideration of exemptions from the pro 'A'tion of residential and commercial construction seaward of the bu "" g set -back line for properties for which the owner has demonstrated to th £ faction of the local government that no practicable alternatives to con do `Y award of the building set -back line exist and properties with structs :c constru or permitted prior to August 31, 2010; (4) Construction requirement allows an exemption from the back line; (5) Procedures for pre use of the public beach (6) Proced natural properties, where the local government for building seaward of the building set - ng the public's right of access to and to erosion and storm damage; restoring, and enhancing critical sand dunes for nservation purposes; (7) Cnten untary . uisition of property seaward of the building setback res for prioritizing properties to be acquired; B t "• RDAIN =Y CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TE__,,;, SECTI• Ts 5 orpus Christi Erosion Response Plan 2011, which is attached to and incorporate this ordinance as Exhibit A, is adopted. SECTION 2. The list of sections for Chapter 10, Code of Ordinances is revised to read as follows: "Chapter 10 BEACHFRONT MANAGEMENT AND CONSTRUCTION* "Article 1. Definitions "Sec. 10-1. Definitions. "Secs. 10-2--10-10. Reserved. "Article IL Administration "Sec. 10-11. Purpose, adoption, compliance, and amendment. "Sec. 10-12. Areas exempt. "Sec. 10-13. Dune protection line -and beachfront construction line, and erosion set -back line. "Sec. 10-14. Alteration of dunes prohibited without permit. ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —62— Page 3 of 27 "Sec. 10-15. Acts prohibited without a beachfront construction certificate. "Sec. 10-16. Master planned developments. "Sec. 10-17. Concurrent beach/dune committee. "Sec. 10-18. Application process for beachfront construction certificates and concurrent dune protection permit/beachfront construction certificates. "Sec. 10-19. Contents of applications. "Sec. 10-20. State agency comments. "Sec. 10-21. Issuance or denial of .; r> ° It/certificate. "Sec. 10-22. Terms and renewal ,,. ; its/certificates. "Sec. 10-23. Termination of pe = s/c ates. "Sec. 10-24. Administrative "Sec. 10-25. Reserved. "Article III. Requirements for ! '''e Pro ;ion Permi "Sec. 10-26. Required "Sec. 10-27. Prohibited a = �s. "Sec. 10-28. N terial we ing. "Sec. 10-29. othe ' erse effects. "Sec. 10-30. Ap "Secs. 1--10- sery "Article IV. .: ;+ ents + Beachfront Construction Certificates Requ findings. a of equivalent or better access. tion fees. 39, 10-40. Reserved. ent Requirements for Both Dune Protection Permits and front Construction Certificates 0-41. General erosion protection requirements. 0-42. General flood protection requirements. 10-43. Variances from federal requirements. c. 10-44. Special requirements for eroding areas. Sec. 10-45. Application fees. "Secs. 10-46--10-50. Reserved. "Article VI. Management of the Public Beach "Sec. 10-51. General access policies, "Sec. 10-52. Designation of access ways, parking areas, and beaches closed to motor vehicles. "Sec. 10-53. Abandonments of public access or parking areas prohibited. "Sec. 10-54. Interfering with access prohibited. "Sec. 10-55. Post -storm assessment. "Sec. 10-56. Beach closures. "Sec. 10-57. Littering prohibited. "Sec. 10-58. Camping. "Sec. 10-59. Animal control. "Sec. 10-60. Monitoring. "Sec. 10-61. Beach nourishment standards. ERP ordinance 05182011 DRAFT FOR TGLO REVIEW -63- "Sec. 10-62. "Sec. 10-63. "Sec. 10-64. "Sec. 10-65. "Sec. 10-66. "Sec. 10-67. "Sec. 10-68. "Secs. 10-69, "Article VII. Traffic "Sec. 10-71. "Sec. 10-72. "Sec. 10-73. "Sec. 10-74. "Sec. 10-75. "Sec. 10-76. "Sec. 10-77. "Sec. 10-78. "Sec. 10-79. "Sec. 10-80. "Sec. 1 "Sec "Article Page 4 of 27 Dune restoration standards. Dune walkovers. Standards for beach maintenance and other activities. Glass bottles and glass containers prohibited. Vessel operating from Gulf beaches restricted. Fires regulated. Gulf of Mexico beach vendors --Special regulations. 10-70. Reserved. Public beach as a s,> [ .ht -of -way. Obstruction of th ,_ m " ,led roadway. Vehicular oper Speed limit Parking. Pedestria Vehicle -rest %`areas and pedestrian safe areas. .zed an. ,;;,-rgency vehicles. h and access roads. beach and access roads. the: teach closed. number of vehicles allowed on beach during ents. eserved. On Po Limi pecia 86. Beach user fees. Use of fee revenue. 0- Indirect costs and accounting:---- -- 0-89. Beach parking prohibited without beach parking permit. 0-90. Sale of beach parking permits. 10-91--10-96. Reserved. "Ar . Penalties Sec. 10-97. Penalties. "Secs. 10-98--10-100. Reserved. "Article X. General Provisions "Sec. 10-101. Construction. "Sec. 10-102. Boundary determinations. "Sec. 10-103. Beaches presumed to be public. "Sec. 10-104. General prohibition. "Sec. 10-105. Appeals and declaratory judgment suits. "Secs. 10-106--10-110. Reserved. "Article XI. Beach Festivals "Sec. 10-111. Definitions. "Sec. 10-112. Registration and permit required. "Sec. 10-113. Application for permit --Filing; contents; fee. "Sec. 10-114. Health, sanitation, and fire control requirements. "Sec. 10-115. Agreement as to use of public beach. DRAFT FOR TGLO REVIEW ERP ordinance 05182011 -64- Page 5 of 27 "Sec. "Sec. "Sec. "Sec. "Sec. "Secs "Article XII. "Sec. 10-116. Review and processing of applications. 10-117. Hearing. 10-118. Denial of permit; grounds. 10-119. Scope of permit. 10-120. Revocation of permit. . 10-121--10-130. Reserved. Requirements for Erosion Response Permits Sec. 10-131. Application process for sion response 10-132 Contents of applicati 10-133. Issuance or denial Sec: 10-134. Required findin Sec. 10-135. Prohibited ac 10-136. No materi 10-137. Mitiqati Sec. 10-138. A..licat 10-139. Terms an 10-140. ination o "Sec. "Sec. "Sec. "Sec. "Sec. it/certificate. verse effe ts. permit. al of permits/certificates. mits/certificates. "Sec. 10-141. ve r SECTION 3. S response buil "erosion respo ed by adding definitions for the terms "erosion sion set -back line," "erosion response permit," and follows: itions. wo `:s and terms, when used in these regulations, shall have the nings, unless the context clearly indicates otherwise: "Erosion response building set -back line or erosion set -back line means an imaginary line at least 200 landward of the line of vegetation that is established based on an evaluation of the dune system and University of Texas, Bureau of Economic Geology studies that determine the minimum foredune ridge needed to offer substantial protection from storm surge damage and shoreline retreat. "Erosion response permit means a permit for the construction of any structure seaward of the erosion set -back line that certifies that the structure is authorized under the City's erosion response plan. "Erosion response plan means the City's plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches, as mandated by Section 33.607, ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —65— Page 6 of 27 Texas Natural Resources Code, and 31 TAC 15.17, which is attached to an incorporated into this chapter as appendix XVIII." SECTION 4. Section 10-11(a) and (b), Code of Ordinances, is revised to read as follows: "Sec. 10-11. Purpose, adoption, complier_, and amendment. "(a) These regulations are adopted pur governments under the Open Beac Resources Code, the Dune Prote Code the Coastal Public Land Code. Subchapter I of Chapt Government Code Chapters 21 the City of Corpus Chriti's Compr Code and other statu he authority granted local s"' ct, C ,,-r 61, Texas Natural Act, Chap _ 3, Texas Natural Resources Ch ter 33, T Natural Resources ater Code, V.T.C.A., Local 2, V.T.C.S art. 6701d (Motor Vehicles), sive Plan and Flood Hazard Prevention ability. "(b) All persons shall co dun f the each any activity a affecting p and fro enhanc protection regulations in authorizing or undertaking award of the dune protection lines-er any activity lic beach or any activity affecting public access to • activity affecting the preservation, restoration, or unes that provide natural storm protection. A dune applica-i"n is required if the site is located seaward of the dune d a beachfront construction certificate is required if the site is the beachfront construction line, and a erosion response fired" the site is located seaward of the erosion set -back line." SECTION V ction 10-13, Code of Ordinances, is amended by revising the caption, redesignating subsections (c) — (e) as subsections (d) — (f), and adding a new subsection (c), to read as follows: "Sec. 10-13. Dune protection line: -and beachfront construction line erosion set -back line. "(c) Erosion set -back line. The land area seaward of this line is subject to the Coastal Public Lands Act and associated state and local regulations. The following line is established as the erosion set -back line for the purpose of delineating areas in which construction is likely to effect the ability of the dunes to offer substantial protection from storm surge damage to structures landward of the line or increase the risks that structures may end up on the public beach due to shoreline retreat: ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —66— Page 7 of 27 "A line running parallel to the beach that is 200 feet landward of the line of vegetation, except in the area landward of the seawall in North Padre Island, line is depicted on maps in Appendix XVIII. "(d) Maps. The dune protection line is depicted on the map attached to these regulations as Appendix II. The beachfront construction line is depicted on the map attached to these regulations as Appendix III. The erosion set -back line is depicted on maps attached to these regulations Appendix XVIII. "(d) (Review. The location of the dune construction line shall be reviewed by (section 10-17) at least once every are adequately located to achiev adequacy of the location of th ninety (90) days after a tropic lying within the city's jurisdiction. "(e)-ftPublic hearing that either the dune pr. the committee shall hol. sooner than 15) circulatio e c ;° nty. reason the r men Council •s co • it sh ity will with the la d office e th ction line and beachfront rent beach/dune committee (5) yea _;determine whether the lines r stated pur. s. In addition, the be review=` by the committee within urricane affects the portion of the coast ent beach/dune committee determine nt construction line should be adjusted, g to consider adjustments to the lines no fter public notice in the newspaper with the largest committee shall forward its recommendation and adjustment to the City of Corpus Christi City ving the committee's recommendation, the city d a public hearing to consider the modifications. Not less than ore than three (3) weeks before the date of the hearing, the e of the hearing at least three (3) times in the newspaper t circulation in the county. Written notice will be given the general riting no less than one (1) week nor more than three (3) weeks to of the hearing. The notice to the general land office shall include a y rawing of the proposed line, a written description of the line, or both (inclu.' 'g Texas State Plane Coordinates)." SECTION 6. Section 10-14(b), Code of Ordinances, is revised to read as follows: "Sec. 10-14. Alteration of dunes prohibited without permit. "(b) Pursuant to the Dune Protection Act, § 63.052, the following activities are exempt from the requirement for a dune protection permit, but are subject to the requirements of the Open Beaches Act, the Coastal Public Lands Act, and the rules promulgated under the Open Beaches Act and Coastal Public Lands Act and may include a beachfront construction certificate or a permit pursuant to other city ordinances:" DRAFT FOR TGLO REVIEW ERP ordinance 05182011 _67_ Page 8 of 27 SECTION 7. Section 10-15, Code of Ordinances, is revised to read as follows: "Sec. 10-15. Acts prohibited without a beachfront construction certificate. "No person shall cause, engage in, or allow construction on land adjacent to and landward of public beaches within the area se <, ard of the beachfront construction line without a beachfront const on certificate. Construction not affecting public beach access and use m rs-vertheless require a dune protection permit erosion res.onse •e s .,.ermit pursuant to other city ordinances." SECTION 8. Chapter 10, Code of Or. "races, s amende.0--=' adding a new Section 10-15A to read as follows: "Sec. 10-15A. Acts prohibited "__ ut an erosion response permit. "No person may cans n. • or `, construction of any structure on land adjacent to and landwa{ �f p ;;_ hes within the area seaward of the erosion set -b e wit erosion response permit. Construction may also require re. a ae pro tion permit, beachfront construction certificate or another • it ung other ordinances. SECTION 9. Se -+ 4 . , de of Ordinances, is amended by adding paragraphs (1) and ;a•' ;,ollows: Sp requirements for eroding areas. "(b) ,` ition to the other requirements of these regulations, in eroding areas, permi `-=es shall: (1) Require that structures built in eroding areas be elevated on pilings under FEMA minimum standards or above the natural elevation (whichever is greater). (2) Require that structures located on property adjacent to the public beach be designed for feasible relocation. SECTION 10. Chapter 10, Code of Ordinances, is amended by adding a new Article XII to read as follows: ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —68— Page 9 of 27 "Article XII. Requirements for Erosion Response Permits "Sec. 10-131. Application process for erosion response permit. "(a) Prior to submission of any erosion response permit application, the applicant is encouraged to confer with the planning director's staff on an informal basis to discuss the proposed application and its conformity with the comprehensive plan the applicable dune protection and beach acc plans; the erosion response plan; dune protection, beach access, and e, `""n response regulations; state law and regulations; and the proposed develis relationship to surrounding property, streets, existing drainage pa.. s ,4. -;ting and proposed utilities etc. "(b) In order to obtain an erosion erosion response permit applic proposed construction is sea elevated dune walkover; paved sheds; swimming pool , . azebos onse permi' i=rs applicant shall make an n, as tlined ins r" ion 10-132, if the of tes 'rosion set -back line (including an Vs, parking areas, and patios; storage other accessory structures). "(c) Potential applicant line may submit descrip outlined in A. XIX. "(d) If th require whether t s. ons==yction seaward of the erosion set -back d construction to the planning director as eks to establish that no erosion response permit is explain why. The planning director shall determine truction'4`quires an erosion response permit under these n determination that a project does or does not require an on rmit under these regulations, the planning director shall ntia"applicant in writing of such action. ee (3) workinq days of receipt of a erosion response permit the planning director shall review the application for completeness. '(1) If an application is incomplete the planning director will notify the applicant of the deficiencies and offer the applicant the opportunity to provide all required information and drawings. "(2) An application for an erosion response permit shall be deemed to have been abandoned two (2) months from the date of filing for the permit unless all required information and drawings are provided before then. "(f) An application must be considered complete when information requested by planning director has been provided. "(q) Within five (5) days of determining that the application is complete the planning director shall review the completed application. ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —69— Page 10 of 27 "(h) Within three (3) working days of the date the planning director takes final action on an application, the planning director shall notify the applicant whether the erosion response permit was approved or denied and what conditions if any are required. "Sec. 10-132. Contents of applications. "(a) Application forms may be obtained from t planning director. "(b) All of the required information must b the application is considered submitte must be returned to the applicant wi "(c) For a erosion response per the erosion response permit application shall consist of: "(1) The name, the applicant, a applicant. mitted with the application before val. Incomplete applications the planning director. Iicant sh 'i> ubmit three (3) copies of he erosion response permit mber, and, if applicable, fax number of roperty owner, if different from the "(2 a leg escription of the tract and a statement of its size in 1( rip io ` , e proposed construction, including the number of structures and whether the structures are amenities or habitable ether the proposed construction will include a dune walkover and r the dune walkover will be constructed under the dune walkover ruction standards in the Texas General Land Office's Dune tection and Improvement Manual for the Texas Gulf Coast. "(5) The height of the lowest habitable floor of the proposed structures and whether it is at or above the FEMA base flood elevation. "(6) A scalable site plan that includes the following: ERP ordinance 05182011 "a. Legal description of the tract, including, where applicable, the subdivision block, and lot designations. "b. Location of the property lines and a notation of the legal description of adjoining tracts. "c. Location, footprint, and perimeter of the existing and proposed structures on the tract (the location, footprint, or perimeter of a proposed structure is not required for proposed structures located landward of the erosion set -back line). DRAFT FOR TGLO REVIEW —70— Page 11 of 27 "d. Location of proposed roadways and driveways on the tract (the location of proposed roadways and driveways is not required for proposed structures located landward of erosion set -back line). "e. Location of anv seawalls or any other erosion response structures on the tract or any seawalls or other erosion response structures within two hundred (200) feet of the tract, which are located on the properties adjoin' r> the tract. "f. Location of the beachfr line, vegetation line, ero erosion area restrictio line. "q. Location of either on the prop "h. Loc nstruction line dune protection or tide line, and mean low tide each access ways that are located diacent to the tract. y fut each access ways, based on elements of the cit or applica si Ian, including the transportation plan ment plan, that are located either on the or ent to the tract y existing or proposed walkways, parking areas, alkovers on the tract. Proposed landscaping activities on the tract seaward of the set -back line. 'k. If known, the location and extent of anv man-made vegetated mounds, restored dunes, fill activities, or any other pre-existing human modifications on the tract. "I. The location and extent of wetlands. "(7) A grading and layout plan identifying all existing and proposed structures and paved areas, all elevations (in reference to the National Oceanic and Atmospheric Administration datum), existing contours of the project area (including the location of dunes and swales), and proposed contours for the final grade. " (8) The approximate percentage of existing and finished open spaces (those areas completely free of structures) seaward of the erosion set- back line. "(9) The floor plan and elevation view of any structures proposed to be constructed or expanded seaward of the erosion set -back line. "(10) The approximate duration of the construction. DRAFT FOR TGLO REVIEW ERP ordinance 05182011 —71— Page 12 of 27 "(11) Photographs of the site which clearly show the current location of the vegetation line and the existing dunes on the tract. "(12) The effects of the proposed activity on the beach/dune system which cannot be avoided should the proposed activity be permitted, including, but not limited to, damage to dune vegetation, alteration of dune size and shape, and changes in dune hydrology. "(13) A. comprehensive mitigation pl description of the methods which and compensate for any adver ich includes a detailed used to avoid, minimize, mitigate n dunes or dune vegetation. "(14) For all proposed con "`tion, if apph• a,. already has the following items and information, t spplic- +t shall, in ition, submit a copy of a topographical survey (" oot r;` our intervals) of the site. "(d) For all proposed c. struction, already has the folio a Era and submit with the other i licant for an erosion response permit ation, the applicant shall, in addition, above: "(1) T 4�= t rec ,;' 'aI historical erosion rate datalas determined by the er ; T; of Te at Austin, Bureau of Economic Geology) (usually depart',; nt) and the activity's potential impact on coastal Aof the FEMA "elevation certificate." Is '"ante or denial of erosion response permit. ine whether to issue or deny an erosion response permit, the ctor shall review and consider: (1) The information in the permit or certificate application. "(2) The proposed activity's consistency with these regulations, state law, and the beach/dune rules. "(3) Any other law relevant to dune protection and public beach use and access that affects the activity under review. "(4) The comments, if any, of the City of Corpus Christi staff and the Texas General Land Office. "(5) With respect to dunes and dune vegetation and erosion response permits: ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —72— Page 13 of 27 "a. Cumulative, direct and indirect effects of the proposed construction on all dunes and dune vegetation seaward of the erosion set -back line. "b. Cumulative, direct and indirect effects of other activities on dunes and dune vegetation located seaward of the erosion set- back line. "c. The pre -construction type continuity of the dunes, the the type of dune vegetat site. "d. The local his of Texas at Aus proposed constru manner tp, t may aq•` qht, width, slope, volume, and onstruction condition of the dunes r cent of vegetative cover on the 'on rate as '=termined by the University Economic Geology, and whether the v alter dunes and dune vegetation in a e erosion. "e. All pr site, or pr s to the proposed activity, proposed of construction. applr's. is mitigation plan for any unavoidable adverse on du `,4, and dune ve'etation and the effectiveness esirability of any proposed dune reconstruction and egetatioit e impacts on the natural drainage patterns of the site and adia"`-nt property. 'h. Anv significant environmental features of the potentially affected dunes and dune vegetation such as their value and function as floral or faunal habitat or any other benefits the dunes and dune vegetation provide to other natural resources. "I Wind and storm patterns, including a history of washover patterns, "j. Location of the site on the flood insurance rate map. "k. Success rates of dune stabilization proiects in the area. "(6) Any other information the planning director considers useful, including resource information made available to them by federal and state natural resource entities. "(b) An erosion response permit that is inconsistent with these regulations, General Land Office rules for Management of the Beach/Dune System (31 TAC §§ 15.1-15.17), the Open Beaches Act (Chapter 61, Texas Natural Resources DRAFT FOR TGLO REVIEW ERP ordinance 05182011 —73— Page 14 of 27 Code), the Dune Protection Act (Chapter 63, Texas Natural Resources Code) the Coastal Public Lands Act (Chapter 33, Texas Natural Resources Code), and other state, local, and federal laws related to the requirements of the Dune Protection Act, the Open Beaches Act, and the Coastal Public Lands Act, the requirements of which are incorporated into these regulations by reference, may not be issued. "Sec. 10-134. Required findings. "Before issuing a erosion response per "(1) Any new construction se the following criteria: "(A) The propos private elevated parking f ,cility, or as will bec ed un construc planning director must find that: sion set -back line includes on is for or related to a public or over, a beach access roadway, public ted public facilities and amenities, which e Texas General Land Office " z ew c. "-'.ction on a lot platted prior to August 31, 2010, and re no : cticable alternatives to the construct the structure rtion o `_'i!;e structure seaward of the erosion set -back line ses of this subparagraph, practicable means ilable ancapable of being done after taking into consideration inq building practices, siting alternatives, FEMA requirements, a Me footprint of the structure in relation to the area of the buil:: ble portion of the lot, and considering the overall development scheme for the property: "(C) The applicant will comply with any compensatory mitigation requirements for unavoidable adverse effects on dunes and dune vegetation. "(D) The construction relates to the repair, reconstruction, or modification of an existing structure located seaward of the erosion set -back line prior to August 31, 2010, if any modifications do not increase the footprint of the structure. The structure must not have been damaged more than 50% of its value or destroyed, and the damaged structure may not have been abandoned (e.q., not occupied or used) for more than 12 months. "(2) The following construction requirements have been met: ERP ordinance 05182011 "a. The plans and certifications for the structure have been prepared and sealed by a registered professional engineer licensed in the State of Texas providing evidence of the following: DRAFT FOR TGLO REVIEW —74— Page 15 of 27 "1. There is a minimum two -foot freeboard above base flood elevation ("BFE") "2. There are no enclosures below BFE. "3. The elevated building foundations are adequate and there is proper placement, compaction, and protection of fill when used as constructio substantially damaged elevated on pilings, with the latest edi Society of Civil Flood Resis or all newly constructed, substantially improved buildings piers, or columns in accordance ifications outlined in American ctural Engineering Institute, ruction, ASCE 24-05. "4. It is seaward o n relocation of a habitable structure sion set -back line. designed to minimize impacts on on will be landward of the landward toe of the where practicable. inq all steps necessary to preserve, restore, and en '= ny cn i :``sand dunes for natural storm protection and ns 'on purposes that are located on the applicants property, common areas in which the applicant has an interest.. The ary``' eps must include the following: Restoring and filling in gaps and blowouts in the foredune ridge. Planting dune vegetation, using appropriate native plant species. "c. Limiting the use of fertilizer and mowing. "(4) The proposed construction does not involve a prohibited activity as defined in section 10-136. "(5) The proposed construction activity will not materially weaken dunes or materially damage dune vegetation seaward of the erosion response line based on substantive findings under section 10-137. "(6) There are no practicable alternatives to the proposed activity and adverse effects cannot be avoided as provided in section 10-138. ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —75— Page 16 of 27 "(7) The applicant's mitigation plan will adequately minimize, mitigate, and compensate for any unavoidable adverse effects, as provided in section 10-138. "(8) The proposed activity complies with any applicable requirements of article IV (requirements for beachfront construction certificates), article V (concurrent requirements for both dune protection permits and beachfront construction certificates), and article VI,=_'anagement of the public beach) of these regulations. "Sec. 10-135. Exemptions. "The following construction seaw an erosion response permit: "(1) The construction ha protection and b ach acces certified by the Land "(2) The constru set -ba tha t -back line do not require eviously permitted under a dune n establishing a erosion set -back line e prior to August 31, 2010. prior reas it is structure located seaward of the erosion gust 31, 2010, for which modifications are sought e footprint of the structure. However, a erosion r=i ired for structures seaward of the erosion set -back ore than 50% or destroyed before they are rep • .r recons cted. ibited activities. onse permits authorizing the following actions seaward of the dune may not be issued for 1 Activities that are likely to result in the temporary or permanent emoval of sand from the portion of the beach/dune system located on or adjacent to the construction site, including: "a. Moving sand to a location landward of the erosion set -back line. "b. Temporarily or permanently moving sand off the site, except for purposes of permitted mitigation, compensation, or an approved dune restoration or beach nourishment project and then only from areas where the historical accretion rate is greater than one (1) foot per year, and the project does not cause any adverse effects on the sediment budget. "(2) Depositing sand, soil, sediment, or dredged spoil which contains any of the toxic materials listed in Title 40 of the Code of Federal Regulations, $ 302.4, in concentrations which are harmful to people, flora, and fauna as ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —76— Page 17 of 27 determined by applicable, relevant, and appropriate requirements for toxicity standards established by the local, state, and federal governments. "(3) Depositing sand, soil, sediment, or dredged spoil which is of an unacceptable mineralogy or grain size when compared to the sediments found on the site (this prohibition does not apply to materials related to the installation or maintenance of public b access roads running generally perpendicular to the public eh). "(4) Creating dredged spoil dis. s , such as levees and weirs, without the appropriate local , ° - e, and "isral permits. "(5) Constructing or ope all relevant laws and p these regulations. "(6) Mining du "(7) Constructing hundr <; ) fee (1) s bitable as rial facili'`'== not in full compliance with uirements prior to the effective date of or other impervious surfaces within two and of the natural vegetation line, except for such arts and does not extend beyond the perimeter of ucture elevated on pilings, provided no walls are five =r cent o 0,11 e footprint of the permitted habitable structure it e natural transfer of sand, or (2) does not exceed positing trash, waste, or debris including inert materials such as e, stone, and bricks that are not part of the permitted on-site ction. Constructing cisterns, septic tanks, and septic fields seaward of any structure serviced by the cisterns, septic tanks, and septic fields. "(10) Detonating bombs or explosives. "Sec. 10-137. No material weakening. "The planning director may issue an erosion response permit only if it finds as a fact, after a full investigation, that the particular conduct proposed will not materially weaken any dune or materially damage dune vegetation or reduce the effectiveness of any dune as a means of protection against erosion and high wind and water. In making the finding as to whether such material weakening or damage will occur, the committee shall use the following technical standards. Failure to meet any one (1) of these standards will result in a denial of the application: ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —77— Page 18 of 27 "(1) The activity will not result in the potential for increased flood damage to the proposed construction site or adiacent property. "(2) The activity will not result in runoff or drainage patterns that aggravate shoreline erosion. "(3) The activity will not result in significant changes to the natural permeability of a dune or its ability to tr; p. mit rainwater to the water table. "(4) The activity will not adversely t unique flora or fauna or result in significant adverse effects on d "(5) The activity will not si or blowouts to occur. "Sec. 10-138. Mitigation of o "(a) The applicant be of critical sand dunes. critical sand dunes or xes or dune vegetation. burden rse effects. e potential for washovers ovinq no material weakening or damage tor finds that no material weakening of to critical sand dunes will occur, as the planning director shall then determine will result from the activity. If the planning director cts on critical dunes or dune vegetation seaward in critical dune areas, the planning director may respon ='permit only if the applicant demonstrates that adverse itiqated as required by the mitigation sequence. If the planning rosion response permit, it must include appropriate permit demonstrate whether a finds the of the issue an e app effe verse es ERP ordinance 05182011 orp.:tine the requirements of this article. ation sequence consists of the following requirements: Avoidance "a. Avoidance means avoiding adverse effects altogether by not taking a certain action or parts of an action. An erosion response permit may not be issued allowing any adverse effects on critical sand dunes or dune vegetation seaward of the erosion set -back line unless the applicant proves there is no practicable alternative to the proposed activity, proposed site, or proposed methods for conducting the activity, and the activity will not materially weaken the critical sand dunes or dune vegetation. The applicant shall include information as to practicable alternatives in the erosion response permit application. "b. To avoid adverse effects on critical sand dunes and dune vegetation seaward of the erosion set -back line as required by subsection (b)(1)a. of this subsection, applicants may not: DRAFT FOR TGLO REVIEW —78— Page 19 of 27 "1. Construct pipelines, except those that are exempt, seaward of the erosion set -back line unless there is no practicable alternative. "2. Engage in anv construction unless it is located as far landward of the critical sand dunes as practicable, except construction providing access to and from a public beach. "3. Construct any road erosion set -back lin the beach seawa allel to the beach seaward of the construct anv other road parallel to sion set -back line. "4. Construc i_ artificial c �,�els, including stormwater runoff chat: s, unl.. s there is practicable alternative. "5. Cause dir-ctor deter id suc adverse effects for which the planning s there is a practicable alternative that erse effects. "(2) Minimization: imiz.. _ n means minimizing effects on critical sand dunes ne ve•[-?-tion by limiting the degree or magnitude of the plementation. Applicants shall minimize adverse acts to "` col sand dunes and dune vegetation by limiting the . ree or magnitude of the action and its implementation. If the 'nq director determines that adverse effects on critical sand dun `' or dune vegetation seaward of the erosion set -back line annot be avoided, the planning director may issue an erosion response permit allowing the proposed alteration, provided that the permit contains a condition requiring the applicant to minimize such adverse effects to the greatest extent practicable. ERP ordinance 05182011 "b. To minimize unavoidable adverse effects as required by subsection (b)(2)a. of this section, applicants shall: "1. Locate nonexempt pipelines across previously disturbed areas, such as blowout areas, and minimize disturbance of dune surfaces where use of previously disturbed areas is not practicable. "2. Minimize construction and pedestrian traffic on or across dune areas to the greatest extent practicable, accounting for trends of dune movement and beach erosion in that area. "3. Route all pedestrian access to and from beaches through washover areas or over elevated walkways, and DRAFT FOR TGLO REVIEW —79— Page 20 of 27 conspicuously mark all such access that is public with permanent signs so indicating. "4. Minimize the number of private access ways from any proposed subdivision, multiple dwelling, or commercial facility. In some cases, the minimum beach access may be only one (1) access way. In determining the appropriate grouping of access ways _fa.- planning director shall consider the size and scope of evelopment. "5. Post signs in explaining the f vegetation i "6. Whe beaches bV ac rdance w -ch acc e pedestrian traffic is high ons o servino dun s and the importance of im bea , provide vehicular access to and from xistinq roads or from roads constructed in bsection (b)(1)b.3. of this section, unless is restricted, and where possible, ac L ='ss roads with elevated berms near the channelization of floodwaters. re practicable, locate new beach access roads in areas, blowout areas or other areas where dune has alread been disturbed construct such roads along he natural land contours, and minimize their width. "8. Where practicable, locate new beach access roads at an oblique angle to the prevailing wind direction. "9. Prohibit persons from using or parking any motor vehicle on, through, or across dunes outside designated access ways. "10. Maximize use of natural or existing drainage patterns when providing for stormwater runoff and retention. "11. Locate and construct new artificial stormwater runoff channels and retention basins so as to avoid erosion and unnecessary construction of additional channels and to direct all runoff inland and not to the Gulf of Mexico through dune areas. "(3) Mitigation. ERP ordinance 05182011 "a. Mitigation means repairing, rehabilitating, or restoring affected dunes and dune vegetation. Where adverse effects on critical sand dunes and dune vegetation cannot be avoided or minimized, the DRAFT FOR TGLO REVIEW —80— Page 21 of 27 planning director shall set appropriate permit conditions requiring that applicants repair, rehabilitate, or restore affected critical sand dunes to at least the same volume as the pre-existing dunes and dune vegetation so that affected dunes will be superior or equal to the pre-existing dunes in their ability to protect adjacent public and private property from potential flood damage, nuisance and erosion and to protect natural resources. The planning director shall consider the comments from th"-neral land office, federal and state natural resource agencis''; '-nd dune vegetation experts in determining the appropriat (:,tion method. "b. Applicants may using appropriate v shall: "1. Restore p.:.'on or loc to adve ative or mec ffects on critical sand dunes al means. Applicants to approximate the naturally formed dune contour, volume, elevation, vegetative sedimontent in the area. tural dynamics and migration of dunes. '3. U "`,:discontinuous or continuous temporary sand fences or a pI::Th inq director approved method of dune restoration, ro•riate considerinthe characteristics of the site. "4. Restore or repair dunes using indigenous vegetation that will achieve the same protective capability as or greater capability than the surrounding natural dunes. "c. In authorizing or requiring restoration of dunes, the planning director shall give priority to stabilization of blowouts and breaches and priority dune mitigation locations identified in the erosion response plan. Before permitting stabilization of washover areas, the planning director shall: "1. Assess the overall impact of the project on the beach/dune system. "2. Consider any adverse effects on hydrology and drainage which will result from the project. "3. Require that equal or better public beach access be provided to compensate for impairment of any public beach access previously provided by the washover area. "(4) Compensation. ERP ordinance 05152011 DRAFT FOR TGLO REVIEW —81— Page 22 of 27 "a. Compensation means compensating for effects on dunes and dune vegetation by replacing or providing substitute critical sand dunes and dune vegetation. Compensation consists of replacement of the affected critical sand dunes or dune vegetation on the site where the critical sand dunes and dune vegetation were originally located. The planning director shall set appropriate permit conditions requiring applicants to compensate for all adverse effects on critical sand dunes ane vegetation that cannot be avoided, minimized, or othe -.' mitigated. In setting appropriate conditions, the planning di, hall consider recommendations of the general land office, f ral tate natural resource agencies, and dune vegetation :erts Pre ce must shall be given to stabilization of blo s and breache '; rd priority dune mitigation locations identifi the =: _ ion respo se plan. "b. Applicants sha the requirements of subsections (3)b. -- c. and (4 -- 5. oft ubsection when replacing critical sand dunes o "c. On -sit . i ` ns- consists of replacement of the affected egetation on the site where the dunes and dune ion w originally located or filling in voids in the existing e du .. Applicants shall locate compensation efforts on n site, where practicable. ERP ordinance 05182011 n applicant may locate compensation efforts off the co"= :;; ction site if the applicant demonstrates that: "1. On-site compensation is not practicable. "2. The off-site compensation will be located as close to the construction site as practicable. "3. The off-site compensation has achieved a 1:1 ratio of proposed adverse effects on successful, completed, and stabilized restoration prior to beginning construction. "4. The applicant has notified FEMA, Region 6, of the proposed off-site compensation. "e. Applicants shall provide the following information when proposing off-site compensation: "1. The name, address, phone number, and fax number if applicable, of the owner of the property where the off-site compensation will be located. DRAFT FOR TGLO REVIEW —82— Page 23 of 27 "2. A legal description of property intended to be used for the proposed off-site compensation. "3. The source of the sand and dune vegetation to be used. "4. All information regarding permits and certificates issued for the restoration of dunes and dune vegetation on the compensation site. "5. All relevant infor +n regarding the success, current status, and stabili . �n ' ; a dune restoration efforts on the compensation "6. Any in the adve and to the otential fl: x'<' damage to the site where dunes and dune vegetation will occur d private property adjacent to that site. ropos '' i°'= to of initiation of the compensation. "f. Applic ation nsate-for adverse effects on dune ntinq indigenous native vegetation on the affected App nts may not remove existing vegetation from ERP ordinance 05182011 not ed by the applicant unless the applicant includes in ation written permission from the property owner. perp "''= plication must identify the source of any sand and etation which will be used in compensation. plicants shall begin compensation prior to or concurrently with the commencement of construction. If compensation is not to be completed prior to commencement of construction, the applicant shall provide proof of financial responsibility in an amount necessary to complete the compensation, in the form of an irrevocable letter of credit, performance bond, or any other instrument acceptable to the city. "h. Applicants shall notify the department in writing of the actual date of initiation within ten (10) working days after compensation is initiated. If the applicant fails to begin compensation on the date proposed in the application, the applicant shall state the reason for the delay. The planning director shall take this reason into account when determining whether an applicant has violated the compensation deadline. "i. Applicants shall conduct compensation efforts continuously until the repaired, rehabilitated, and restored dunes and dune vegetation are equal or superior to the pre-existing dunes and dune DRAFT FOR TGLO REVIEW —83— Page 24 of 27 vegetation. These efforts shall include preservation and maintenance pending completion of compensation. "j. A compensation project is deemed complete when the position contour, volume, elevation, and vegetative cover of the restored dunes are equal or superior to the pre-existing dunes and dune vegetation. "k. The applicant shall be de compensation if a 1:1 ratio years after the beqinnin "Sec. 10-139. Application fees. to have failed to achieve of been achieved within three (3) sation efforts. "(a) The application fees for i!, osio„_= ponse protection permit is $500.00. "(b) The application fees must be before an application is accepted for review. "Sec. 10-140. Terms a ” r.. rosion response permits. "(a) An ero issuanc buildin ee renewal c riqinal ap he activl P In mit is valid for one (1) year from the date of se permit or the date of issuance of the first nical, or plumbing permit by the Building Official. director may renew an erosion response permit for a period not 0) days if the activity as proposed in the application for lie `"` "th these regulations and the applicant supplements the ation materials with additional information indicating any changes or information. Only two (2) renewals shall be issued for each rtificate. Thereafter, the applicant must apply for an erosion response new it. "(c) If the proposed construction is changed in any manner that causes or increases adverse effects on dunes, dune vegetation, or public beach use and access, the applicant is not be eligible for a renewal but must apply for a new permit or certificate. "(d) For the purposes of this section, a plat is required for property located with the extraterritorial jurisdiction of the city, if the property on which the project will be developed is a portion of a tract of land that has been subdivided since the tract was last platted or replatted, if the owner of the tract of land, at the time the property was subdivided was required to file a plat under an applicable state law. "(e) For the purposes of this section, a plat is required for property located within the city limits, if the property on which the project will be developed is a portion of ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —84— Page 25 of 27 a tract of land that has been subdivided since the tract was last platted or replatted. "Sec. 10-141. Termination of erosion response permits. "(a) An erosion response permit is voidable if the planning director finds that: "(1) The erosion response permit is inc ;sistent with state law, the erosion response rules, this subchapter or th>''`' 's comprehensive plan at the time the permit was issued. "(2) A material change occur r the `y on response permit is issued. "(3) An applicant fails to , " ose any mater% ct in the application. "(b) "Material change" includes , ":inion of the_planninq director, human or natural conditions which have ad ; Iy affected dunes, dune vegetation, or beach access and us -ither di. ° ;: exist at the time of the original application, or were no o "= , f by planning director in making the permitting decision bec a tq:-nt did not provide information regarding the site condi• the o application. "(c) An lie with causes. ro it automatically terminates if construction comes to public beach by artificial means or by natural response permit, which does not require the platting of sua`°`' of a building, electrical, pas, mechanical, or plumbing es invalid if the work authorized by the permit or certificate is not thin two (2) months after the issuance of the erosion response "(e) E "' ry erosion response permit, which requires the platting of property or issuance of a building, electrical, gas, mechanical, or plumbing permit, becomes invalid unless the plat, if required, is filed and any required building, electrical, gas, mechanical, or plumbing permit obtained within six (6) months of the issuance of the erosion response permit. "(f) An erosion response permit becomes invalid if the work authorized by the erosion response permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. "Sec. 10-142. Administrative record. "(a) The planning director shall compile and maintain an administrative record which demonstrates the basis for each final decision regarding issuance or denial of an erosion response permit. The administrative record shall include copies of the following: DRAFT FOR TGLO REVIEW ERP ordinance 05182011 —85— Page 26 of 27 "(1) All materials received from the applicant as part of or regarding the erosion response permit. "(2) The transcripts, if any, or the minutes and/or tape of all meetings during which the erosion response permit was considered. "(3) All comments received regarding the erosion response permit. "(b) The planning director shall keep the ad from the date of a final decision on an er director shall, upon request of the Tex General Land Office, upon request the administrative record that are shall provide to the applicant u administrative record regardi department by the applicant in trative record for three 3 ears response permit. The planning I Land Office, send to the Texas a copy of those portions of The planning director v materials in the ther a ested for r copies o SECTION 11. The City of C codified as Chapter 10, Beac Ordinances, is amended by ad adopted by Sectiony v , ,is ord response permit not submitted to the cation." SECTION 12. ordinance con Ordinances. SEC:; w• r prc jud'" parag definite i' phrase, wo rotection and Beach Access Plan, and Construction, Code of Christi Erosion Response Plan 2011, as e, as Appendix XVIII. ance or requirements implemented under this ishable under Section 10-97 of the City Code of ason any section, paragraph, subdivision, clause, phrase, this dinance shall be held invalid or unconstitutional by final f competent jurisdiction, it shall not affect any other section, on, clause, phrase, word, or provision of this ordinance, for it is the is City Council that every section, paragraph, subdivision, clause, provision of this ordinance be given full force and effect for its purpose. SECTION 14. 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 15. This ordinance take effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —86— Page 27 of 27 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 Chris N. Adler David Loeb John E. Marez Larry R. Elizondo, Sr. Nelda Marti Kevin Kieschnick Mark S Priscilla Leal That the foregoing ordinance was rea the day of , 201 Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnic Priscilla Leal PASS ;';. P'*;,ED, this the d passed finally on this A a Martinez Mark Scott day of ; 2011. Armando, Joe Adame City Secret :'=`P' Mayor APPROVED: day of , 2011: R. Jay Reining First Assistant City Attorney For City Attorney ERP ordinance 05182011 DRAFT FOR TGLO REVIEW —87— Page 1 of 3 RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A DRAFT EROSION RESPONSE PLAN AND RELATED DRAFT AMENDMENTS TO CHAPTER 10, CODE OF ORDINANCES, BEACHFRONT MANAGEMENT AND CONSTRUCTION, TO THE TEXAS GENERAL LAND OFFICE FOR COMMENT. WHEREAS, under Section 33.607(e), Texas Natural Resources Code, the City, which is subject to Chapters 61 and 63, Texas Natural Resources Code, must use historical erosion data and the Texas General Land Office's coastal erosion response plan to prepare a local erosion response plan for reducing public expenditures for erosion and storm damage losses to public and private property, including public beaches; WHEREAS, the local erosion response plan may include a building set -back line, which is no further landward than the dune protection line established by the City, that will accommodate a shoreline retreat; preserve and enhance the public's right of access to and use of the public beach; preserve critical sand dunes for natural storm protection and conservation purposes; prohibit new construction seaward of the building set -back line; and provide for the acquisition of fee title to or a lesser interest in property seaward of the building set -back line. WHEREAS, in order for the City to be eligible for a grant from the Texas General Land Office under the Texas coastal erosion response program, the City must adopt and submit its erosion response plan or any amendments to the General Land Office for certification no later than December 31 immediately preceding the state fiscal biennium in which funding is sought, as required by Section 33.605(b)(6)(B), Texas Natural Resources Code; and WHEREAS, in order to qualify for consideration by the Texas General Land Office for an expenditure from the coastal erosion response program in the state fiscal biennium beginning September 1, 2011, the City must submit its draft Erosion Response Plan to the General Land Office no later than July 1, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit the draft Erosion Response Plan and related draft amendments to Chapter 10, Code of Ordinances, Beachfront Management and Construction, which are attached to and incorporated into this resolution as Exhibits A & B, to the Texas General Land Office for comment. ERP resolution 03082011.docx —88— Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 7th day of June, 2011. R. Jajr Rfning First/ Assistant City Attorney For City Attorney ERP resolution 03082011.docx —89— Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution 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 ERP resolution 03082011.docx —90— Page 3 of 3 6 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. -93- Juan Perales, Jf., P.E. Assistant City Manager Departments of Engineering and Development Services Email: JohnnyP©cctexas.com Phone: (361) 826-3828 Attachments: Exhibit A Ordinance -94- 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. .0 kiry Vint +''t'G 44ei ,. c i 3etot is ar• .y 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 —95— 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:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Map Amends %Stu$\6-2-11 Ord Amending Zoning MapDWBFinal.docx 6 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 TAB Manufactured Home Park RMH Manufactured Home T -1C Manufactured Home Sub- division �a.� �� trV Et YYe 4rr • AB Professional Off+Mfi iLcz e N� O OfftLic. B-1 Neighborhood Business CN -1 Neighborhood Commercial B -1A Neighborhood Business CN -2 Neighborhood Commercial 13-2 Bayfront Business CR -1 Resort Commercial B -2A Barrier Island Business CR -2 Resort Commercial BD Corpus Christi Beach Design CR -3 Resort Commercial 13-3 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 IH Heavy Industrial T -1A Travel Trailer Park RV Recreational Vehicle Park h='4 .1:1"1 'atz'R+S41:Wi2 cP-!Te? d4'IL4k 2iili:,.,..^`. PUD -1 and PUD -2, Planned Unit Development -PUD Planned Unit Dev. Overlay HC -I, HC -II, HC -III, 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:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Map Amends %Stu$\6-2-11 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:B.EG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project\Map AmendmgtiStuf \6-2-11 Ord Amending Zoning MapDWBFinal.docx That the foregoing ordin ce was read for the first time and passed to its second reading on this the /r -day of �j t,c_, 2011, 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 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 By: ?a eborah Walther :1 n Assistant City Attorney For City Attorney 92Vit. Joe Adame Mayor H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\UDC Project \Map Amendn i StuB\6-2-11 Ord Amending Zoning MapDWBFinal.docx 7 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 carne 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. Attachments Proposed Ordinance Changes Copies of Notification to Time Warner -101- ((k\lioloiL Ktm Womack Public Information Director KimW@cctexas.com 361-826-3211 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. —102— 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\LEG-DIR\Lisa\2011 Ordinance\Public Access March 21 2011.doc —103— 2 (6) After all producers have selected time slots for their-irst run shows, producers of weekly programs requesting a _ - select their riginal and repeated once in the same lottery peried in -the $reducer's allotted be cablecast as an original and be repeated once in -subsequent lettery periods. (A) After all producers have selected time slots for their first run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one repeat cablecast in same or reverse order as the initial time slots were selected. If there are any available 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." HALEG-DIR\Lisa\2011 Ordinance\PublicAccess March 21 2011.doc —104— 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 audie-er 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-DIR\Lisa \2011 Ordinance\Public Access March 21 2011.doc —105— That the foregoing ordin nce was read fo the first time and passed to its second reading on this the /Ts day of C , 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: T. Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Linda Strong PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: June 1, 2011 By: Ge.�t-va 2-4 Lisa Aguil , ssistant City Attorney for the City Attorney Joe Adame Mayor -106- City of Corpus Christi LEGAL DEPARTMENT PO Box 9277 Cotpus Christi Texas 78469-9277 Phone 361-880-3360 Fax 361-880-3239 Municipal Court Prosecutor's Office 120 N. Chaparral Corpus Christi Texas 78401 Phone 361-886-2530 Fax 361-886-2567 Juvenile Court Prosecutor's Office 226 Entetionso Pkwy Suite 103 Corpus Christi Texas 78405 Phone 361-826-4014 Fax 361-826-4309 Police Legal Advisor 321 John Sartain Cotpus Christi Texas 78401 Phone361-886-2608 Sincerely, Fax 361-886-2634 www.cctexas.com '3)1 Lisa Aguilar Assistant City Attorney 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 letter 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 50 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 so we may proceed to City Council for consideration and approval. If you have any questions concerning these changes, please contact me by email at lisaa@cctexas.com or telephone at (361) 826-3378. We would appreciate your prompt attention to this matter. cc: Kim Womack, Director of Public Information Email to: Thomas.aguillon@twcable.com -107- �i City of Corpus Christi PUBLIC INFORMATION OFFICE PO Box 9277 .Corpus Ctuisti Texas 78469-9277 Phone361-880-3211 Fax 361-880-3177 www.cctexas.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 —108— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/21/2011 AGENDA ITEM: Resolution approving the FY 2011/2012 budget for the Corpus Christi Crime Control and Prevention District. ISSUE: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. BACKGROUND INFORMATION: The voters on November 4, 1997 established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, and again on April 14, 2007 for ten years. This continues the 1/8th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The Crime Control and Prevention District held a public hearing on April 20, 2011 and the Board adopted the budget on the same day. The City Council held a public hearing on June 14, 2011 in accordance with notice and all other procedures required by law. The budget must now be submitted to the City Council for approval. REQUIRED COUNCIL ACTION: Approval of the FY 2011/2012 budget. PREVIOUS COUNCIL ACTION: Public hearing held on June 14, 2011. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the budget. Attachments: Adopted budget D. Troy Rig Chief of Police troyr cecctexas.com 886-2603 —111— 17' City of Corpus Christi Crime Control & Prevention District FY -2009/2010 Actual Year End Numbers FY -2010/2011 Year End Estimates FY -2011/2012 Proposed Budget -112- -113- CRIME CONTROL & PREVENTION DISTRICT TABLE OF CONTENTS FY -2011/2012 Page Program Org. No. No. 1 Financial Statement - 2 Police Officer Costs 11711 3 Pawn Shop Detail 11713 4 Public Safety Vehicles & Equipment 11717 5 Graffiti Eradication Program 11719 6 Juvenile Assessment Center 49002 7 Citizens Advisory Councils 49008 8 Juvenile City Marshals 49010 9 Reserve Appropriation 80080 10 10 Year Revenue & Expenditure Projection - -113- Crime Control & Prevention District FY -2009/2010 Actual Revenues & Expenditures FY -2010/2011 Year End Revenue & Expenditure Estimates FY -2011/2012 Proposed Budget Actuals Amended Estimated Proposed 2009/2010 2010/2011 2010/2011 2011/2012 Beginning Balance 2,372,309 1,883,857 1,883,857 1,900,471 Revenues Sales Tax 4,452,614 5,051,056 5,168,324 5,370,000 Interest on Investments 10,142 7,825 2,315 7,131 Transfer from Group Health Fd. 2,471 - - - Transfer From Gen. Liability Fd. 61,706 - - - Transfer From Workman's Comp 78,250 - - - Juvenile Drug Testing 14,196 16,000 16,000 22,000 Sale of Scrap/City Property 7,553 - 1,213 - Total Current Revenues 4,626,931 5,074,881 5,187,852 5,399,131 Total Funds Available 6,999,241 6,958,738 7,071,709 7,299,602 Expenditures Police Officer Costs 4,184,277 4,230,034 4,212,903 4,318,507 Pawn Shop Detail 146,804 153,883 141,006 152,500 Public Safety Veh. & Equip. 115,953 141,050 141,050 142,500 Graffiti Eradication Program 115,850 114,291 110,244 50,969 Juvenile Assessment Center 368,383 385,272 385,238 405,328 Citizens Advisory Council 9,311 10,500 10,425 10,500 Juvenile City Marshals 174,806 188,441 170,371 167,761 Reserve Appropriation - 15,168 - - Total Expenditures 5,115,384 5,238,639 5,171,238 5,248,065 Ending Balance 1,883,857 1,720,099 1,900,471 2,051,537 Surplus/(Deficit) (488,452) (163,758) 16,614 151,066 -114- CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT POLICE OFFICER COSTS -11711 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Salaries and Wages 2,441,761 2,389,140 2,386,971 2,426,904 Overtime 199,556 215,000 213,663 225,000 Other Pay 166,282 195,000 193,105 200,000 Retirement 672,718 641,692 634,606 633,598 Group insurance benefits 339,660 343,044 343,044 363,627 Other employee benefits 8,496 10,176 10,176 11,194 Chemical/household supplies - 750 750 750 Clothing 37,563 50,250 48,388 51,000 Fuel & lubricants 111,978 172,107 172,473 200,000 Food and food supplies 277 200 246 250 Minor tools & equipment 24,285 9,000 6,000 7,000 Office supplies 844 1,200 1,200 1,000 Maintenance & repairs- 500 300 300 Professional services 767 1,000 970 1,000 Vehicle repairs 6 500 500 600 Telephone/telegraph service 15,864 15,000 15,036 16,000 Equipment maintenance 909 1,000 1,000 1,000 Health Insurance Exp.-P.O. 17,411 18,107 18,107 - Police Supplemental Insurance 5,500 6,000 6,000 6,000 Police Vision Insurance 3,224 4,200 4,200 4,200 Sworn Empl - Dental 22,605 27,000 _ 27,000 27,000 Interest & Bank Charges 43 - - - Self Insurance Allocation 114,528 129,168 129,168 142,085 TOTALS 4,184,277 4,230,034 4,212,903 4,318,507 FTES: 2005/2006-50 Police Officers 2006/2007-50 Police Officers 2007/2008-50 Police Officers 2008/2009-50 Police Officers 2009/2010-50 Police Officers 2010/2011-50 Police Officers 2011/2012-50 Police Officers -115- CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PAWN SHOP DETAIL -11713 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Salaries and Wages 94,513 94,575 86,853 94,575 Overtime 1,771 1,500 1,411 1,500 Other Pay 478 2,100- - Salary Savings - (1,917) - - Retirement 22,767 24,701 19,818 21,345 Group insurance benefits 12,264 17,388 17,388 18,431 Other employee benefits 684 816 816 898 Minor tools & equipment 27 100 100 100 Minor office equipment 587 400 400 400 Office Supplies 2,479 1,800 1,800 1,800 Non -Capital Lease Payments 2,090 2,100 2,100 2,100 Self Insurance Allocation 9,144 10,320 10,320 11,352 TOTALS 146,804 153,883 141,006 152,500 FTES: 2005/2006-4 ftes 2006/2007-4 ftes 2007/2008-4 ftes 2008/2009-4 ftes 2009/2010-4 ftes 2010/2011-4 ftes 2011/2012-4 ftes -116- CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT PUBLIC SAFETY VEHICLES -11717 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Adopted 2010/2011 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Vehicles & Machinery 114,490 117,500 117,500 117,500 117,500 Other Equipment 1,463 20,000 23,550 23,550 25,000 TOTALS 115,953 137,500 141,050 141,050 142,500 FY -2002/2003-7 replacement vehicles FY -2003/2004 -radios & MDT/AVLS FY -2004/2005-5 replacement vehicles FY -2005/2006-5 replacement vehicles FY -2006/2007 -vehicles reduced by board action of meeting on 03/17/2004. FY -2006/2007 -funds approp. on 10/06 for purchase of 5 replacement vehicles FY -2007/2008-5 replacement vehicles FY -2008/2009-5 replacement vehicles FY -2009/2010.5 replacement vehicles FY -2010/2011-5 replacement vehicles FY -2011/2012-5 replacement vehicles proposed 4 -117- CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT GRAFFITI ERADICATION PROGRAM -11719 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Salaries and Wages 61,765 61,642 61,772 20,059 Overtime 4,191 7,000 6,500 500 Other Pay - 400 - - Retirement 15,415 17,371 15,217 4,568 Group insurance benefits 9,168 10,200 10,200 10,812 Other employee benefits 336 408 408 449 Fuel & lubricants 3,372 3,286 3,286 - Minor tools & equipment 94 1,000 250 250 Office Supplies 1,981 2,000 2,000 2,000 Maintenance & repairs 179 - - - Professional services 31 - 18 _ - Rentals 1,922 3,000 3,000 4,429 Non -Capital Lease Payments 1,828 2,500 2,109 2,200 Telephone/telegraph service 140 300 300 - Self Insurance Allocation 4,572 5,184 5,184 5,702 Computer Equipment 10,857 - - - TOTALS 115,850 114,291 110,244 50,969 FTES: 2007/2008-2 ftes 2008/20094 ftes 2009/2010-2 ftes 2010/2011-2 ftes 2011/2012-1 fte-deleted Graffiti Coordinator 5 -118- CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE ASSESSMENT CENTER -49002 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Salaries and Wages 177,973 211,788 201,961 211,787 Overtime 32 300 245 250 Other Pay - 500 - - Salary Savings - (13,251) - - Retirement 41,273 53,487 44,960 47,108 Group insurance benefits 18,140 14,976 14,976 15,875 Other employee benefits 1,128 1,344 1,344 1,478 Temporary services 9,298 1,500 5,891 5,000 Food & food supplies 3,718 500 500 500 Minor tools & equipment 550 - 406 400 Minor office equipment 8,326 600 500 500 Office Supplies 1,670 2,000 2,000 2,000 Maintenance & repairs 330 300 300 300 Professional services 20,374 16,000 16,000 22,000 Personal computer repairs - 500 250 250 Postage & express charges 239 1,000 500 500 Rentals 41,679 70,000 70,000 70,000 Mileage reimbursement 1,419 500 500 500 Non -Capital Lease Payments 1,972 800 1,978 2,000 Telephone/telegraph service 4,332 3,000 3,500 3,500 Building maint & service 18,250 500 500 500 Membership & dues 922 - - - Training -General 27 1,000 1,000 1,250 Printing advertising & PR 826 750 750 750 Printing outside print shops- 150 150 150 Miscellaneous charges 296 - - - Travel 526 - - - Self Insurance Allocation 15,084 17,028 17,028 18,731 TOTALS 368,383 385,272 385,238 405,328 FTES: 2005/2006-6.6 ftes 2006/2007-6.6 ftes 2007/2008-6.6 ftes 2008/2009-6.6 ftes 2009/2010-6.6 ftes 2010/2011-6.6 ftes 2011/2012-6.6 ftes -1 1 9- CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT CITIZENS ADVISORY COUNCIL -49008 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Maintenance & repairs - 3,500 3,100 3,500 Non -Capital Lease Payments 1,217 - 325 - Lease Computer Rental - 2,000 2,000 2,000 Printing advertising & PR 7,094 4,000 4,000 4,000 Printing outside print shops 1,000 1,000 1,000 1,000 TOTALS 9,311 10,500 10,425 10,500 -120 CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT JUVENILE CITY MARSHALS -49010 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Salaries and Wages 109,806 123,907 109,495 106,394 Overtime 11,858 6,000 11,160 10,000 Other Pay - 2,600 • 1,000 Retirement 28,339 33,339 27,120 26,081 Group insurance benefits 17,436 14,244 14,244 15,099 Other employee benefits 516 612 612 673 Self Insurance Allocation 6,852 7,740 7,740 8,514 TOTALS 174,806 188,441 170,371 167,761 FTES: 2005/2006-3 ftes 2006/2007-3 ftes 2007/20083 ftes 2008/2009-3 ftes 2009/2010-3 ftes 2010/2011-3 ftes 2011/2012-3 ftes -121- CITY OF CORPUS CHRISTI CRIME CONTROL & PREVENTION DISTRICT RESERVE APPROPRIATION -80080 EXPENDITURE BUDGET Account Description Actuals 2009/2010 Amended 2010/2011 Estimated 2010/2011 Proposed 2011/2012 Reserve Appropriation 15,168 TOTALS 15,168 -122- City of Corpus Christi Crime Control & Prevention District 10 -Year Revenue & Expenditure Projection Presented to Board @ February 16, 2011 Board Meeting Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Actual Estimated Proposed Projected Projected Projected Projected Projected Projected Projected Proposed Projected 2009-2010 2010-2011 2011-2012 2012-2013 2013-2014 2014-2015 2015-2016 2016-2017 2017/2018 2018/2019 2019/2020 2020/2021 Beginning Balance 2,372,309 1,883,857 1,900,471 2,051,537 2,151,757 2,152,659 2,029,155 1,787,582 1,251,094 723,639 27,895 (831,765) Revenues: Sales Tax Revenue 4,452,614 5,168,324 5,370,000 5,477,400 5,586,948 5,698,687 5,812,661 5,928,914 6,047,492 6,168,442 6,291,811 6,417,647 Interest On Investments 10,142 2,315 7,131 20,515 21,518 21,527 20,292 17,876 12,511 7,236 279 (8,318) Transfer from Group Health 2,471 - - - - - - - - - - - Transfer From General Liability Fd. 61,706 - - - - - - - - - - - Transfer From Workman's Comp. 78,250 - - - - - - - - - - J- uvenile Drug Testing 14,196 16,000 22,000 22,000 22,000 22,000 22,000 22,000 22,000 22,000 22,000 22,000 Sale of City Property/Miscellaneous 7,553 1,213 - - - - - - _ - i Total Current Revenues 4,626,931 5,187,852. 5,399,131 5,519,915 5,630,466 5,742,214 5,854,952 5,968,790 6,082,003 6,197,678 6,314,090 6,431,329 Total Funds Available 6,999,241 7,071,709 7,299,602 7,571,452 7,782,223 7,894,872 7,884,107 7,756,372 7,333,097 6,921,318 6,341,985 5,599,564 N Vxpenditures: Police Officer Costs 4,184,277 4,212,903 4,318,507 4,513,571 4,710,942 4,917,754 5,134,519 5,361,781 5,600,119 5,850,147 6,112,524 6,387,948 Pawn Shop Detail 146,804 141,006 152,500 158,672 161,282 167,733 170,774 177,803 181,353 189,048 193,199 201,663 Public Safety Vehicles & Equipment 115,953 141,050 142,500 145,350 148,257 151,222 154,247 157,332 160,478 163,688 166,961 170,301 Graffiti Eradication Program 115,850 110,244 50,969 - - - - - - - - - Election Costs - - - - 150,000 - Juvenile Assessment Center 368,383 385,238 405,328 417,429 422,441 435,794 441,469 455,781 462,236 477,643 485,017 501,677 Citizens Advisory Council 9,311 10,425 10,500 10,500 10,500 10,500 10,500 10,500 10,500 10,500 10,500 10,500 Juvenile City Marshals 174,806 170,371 167,761 174,172 176,143 182,714 185,016 192,080 194,772 202,397 205,549 213,816 Total Expenditures 5,115,384 5,171,238 5,248,065 5,419,695 5,629,564 5,865,718 6,096,525 6,505,278 6,609,458 6,893,422 7,173,750 7,485,904 Ending Balance 1,883,857 1,900,471 2,051,537 2,151,757 2,152,659 2,029,155 1,787,582 1,251,094 723,639 27,895 (831,765) (1,886,340) Surplus/Deficit (488,452) 16,614 151,066 100,220 901 (123,504_ (241,573)_ (536,488) (527,455) (695,744) (859,660) (1,054,575) RESOLUTION APPROVING THE FY 2011/2012 BUDGET FOR THE CORPUS CHRISTI CRIME CONTROL AND PREVENTION DISTRICT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2011/2012 budget for the Corpus Christi Crime Control and Prevention District is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: June 16, 2011 T. Trisha Dang Assistant City Attorney For City Attorney Resol-CCD-budget-11-12 -124- Joe Adame Mayor Corpus Christi, Texas of , 2011 The above resolution was passed btthe following vote: Joe Adame Chris Ni. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Linda Strong Resolution Vote Sheet -125- 9 AGENDA MEMORANDUM SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program Project No. E10015/ CIP No: WW 22 AMENDMENT NO. 3 DATE: June 21, 2011 AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Amendment No. 3 to the Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $1,989,103, for a total re -stated fee of $2,162,928 for the Sanitary Sewer Overflow Initiative (SS01) Program project. ISSUE: Development of a hydraulic model for the six (6) Wastewater Service Areas ensures consistent assessment of maintenance and conveyance system capital requirements for current and future growth within the City limits. The hydraulic model will also provide the pertinent data needed to assess the impacts of wet weather events on the Wastewater collection system. Data collection and field surveys will be collected to form the base hydraulic model. For example, a total of 4,458 sanitary sewer manholes will be inspected. Flow monitoring and rain gauge data collection over a 75 -day period will be used to help analyze service area peak flow criteria. From this base model, the consultant team will conduct a series of "what if' modeling scenarios to develop least cost solutions to recommended repair strategies and growth planning. These scenarios will take into account City maintenance and staffing needs, budgets, planned growth in concert with requisite conveyance infrastructure requirements. The final outcome will be an individual Wastewater service area model that optimizes system rehabilitation and future growth and reduces SSOI events. These Wastewater service area models will not remain static as City staff will be trained on the use of the hydraulic model for future operational implementation and programming. FUNDING: Funding is available from the FY2011 Wastewater Capital Budget and Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. • Foster Crowell Director of Wastewater Services 826-1801 foster@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Contract Summary Exhibit "D" Project Budget Exhibit "E" Location Map Exhibit "F" PowerPoint Presentation Pete Anaya, P.E. Director of Engineering Services 826-3781 petean@cctexas.com —129— HIHOME\VeimaP\GEN\WASTEWATER\E10015 SSOMMENDMENT NO. 31AGENDA 2 MEMO.tloc BACKGROUND INFORMATION SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program (Project No. E10015) CIP No. WW 22 AMENDMENT NO. 3 AMENDMENT NO. 3 DESCRIPTION: This contract amendment will implement the Texas Commission on Environmental Quality (TCEQ) Sanitary Sewer Overflow (SSO) Initiative Plan for the Oso, Broadway, Greenwood, Allison, Whitecap and Laguna Madre Wastewater Service Areas. Each individual Wastewater Service Area hydraulic model (six separate models) for the Wastewater Collection System will equip the City Wastewater Department with tools for analyzing system conveyance capacity, identify bottlenecks and predict potential SSO locations. Each Wastewater Service Area hydraulic model will identify required system improvements; produce planning maps and exhibits integrated into the City GIS system; predict system response to proposed future development and capital improvements; provide a prioritized and recommended Wastewater Service Area ten-year Capital Improvement Program; and, train City Wastewater staff on the operation and use of the hydraulic model for continued model maintenance and development. Data collection and field surveys will be collected to form the base hydraulic model. For example, a total of 4,458 sanitary sewer manholes will be inspected. Flow monitoring and rain gauge data collection over a 75 -day period will be used to help analyze service area peak flow criteria. From this base model, the consultant team will conduct a series of "what if" modeling scenarios to develop least cost solutions to recommended repair strategies and growth planning. These scenarios will take into account City maintenance and staffing needs, budgets, planned growth in concert with requisite conveyance infrastructure requirements. Continued use of each Wastewater Service Area hydraulic model will continue to enable the City to assess the effectiveness of SSOI reductions in concert with an optimized least cost program implementation. PROJECT DESCRIPTION: The Texas Commission on Environmental Quality (TCEQ) has developed a voluntary Sanitary Sewer Overflow (SSO) outreach initiative (SSOI) to assist municipalities with addressing SSO's that might escalate to such a degree as to cause a negative impact on human health and safety or the environment. While participation in this outreach initiative is entirely voluntary, there are some substantial benefits from participating in the program: the program offers protection from enforcement action by TCEQ for continuing Sanitary Sewer Overflows covered under the SSO Agreement, compliance history rating is not affected, and there are no penalties associated with the SSO Agreement. On January 19, 2010, the City of Corpus Christi sent a letter to TCEQ requesting participation in the SSOI program for a limited area of the city; specifically portions of the —130— H:\HOME\VeImaPIGEN\WASTEWATER\E1Oc15 SSOMMENDMENT NO. 3WGENDA 3 BACKGROUND.doc IEXHIBIT "A" Page 1 of 3 Oso, Greenwood, and Broadway Treatment Plant Basins based on the listing of portions of Corpus Christi Bay on the 303(d) list. This listing is the result of elevated bacteria readings from the General Land Office's Beach Watch Program at four storm water outfalls which drain from portions of these Wastewater Plant Basins. On June 17, 2010, TCEQ responded to our request confirming our participation in their SSOI for the Oso Water Reclamation Plant and requested that the City submit a preliminary plan by July 19, 2010 outlining the timeframe for completing a comprehensive evaluation of the sewer system within the Oso Water Reclamation Plant Basin which would include a finalized plan for corrective action. Additionally, TCEQ is requiring that this final SSO plan be in place no later than 180 days from July 19, 2010. The final SSO Plan will include the following: > Description of the cause of the SSO and interim measures that will be taken to mitigate the effects of continuing SSOs; > Description of the corrective measures, with milestones, to address continuing SSOs; • Provisions for the improvement and/or development and implementation of an Operations and Maintenance Program to ensure continued permit compliance; > Timeline for completing each milestone; > Description of the sources for funding; and > Provisions for evaluating the effectiveness of the improvements. On July 19, 2010, the City responded to TCEQ with confirmation of participation in the SSO Outreach Initiative and with an outline of the required preliminary plan they had requested. This contract will provide the technical assistance necessary to prepare an SSO Initiative Plan and CMOM Self -audit to meet TCEQ regulations. The proposed scope of services will result in a comprehensive review of existing procedures and will identify areas for improvement. The final reports delivered under this contract are required under the TCEQ SSOI program. Capital funding for this project will be a multi-year CIP funding initiative (Fiscal Year 2011 through 2013 and is programmed to support the consultant effort and work schedule. Results from the hydraulic model include the ten year CIP assessment by individual Wastewater Treatment Plant Service Area. At the conclusion of Phase 1 work, CIP project design and construction is anticipated to begin in Fiscal Year 2012 for the Oso Service Area and Fiscal Year 2013 for the Broadway and Greenwood Service Areas. Design and construction will begin in Fiscal Year 2014 for the Allison, Laguna Madre and Whitecap Service Areas. It is anticipated that respective Service Area infrastructure improvements will be a multi-year capital investment requirement. —131— H:\HOMEWelmaP\GEN\WASTEWATERIE10015 SSOIWMENDMENT NO. 3WGENDA 3 BACKGROUND.doc EXHIBIT "A" Page 2 of 3 CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C". CONSULTANT SELECTION: Pipeline Analysis was selected for this project through Request for Qualifications (RFQ) No. 2010-01 Professional Services for Department of Engineering Services Projects. RFQ 2010-01 was distributed to 183 firms (75 local and 108 non -local) on February 16, 2010 and posted on the City of Corpus Christi's website. Ten (10) firms responded to the request for qualifications for the Sanitary Sewer Overflow Initiative (SSOI) Program Project. The responding firms were: • Alan Plummer Associates, Inc. • Carollo Engineers • Goldston Engineering, A CH2M Hill Company • LNV Engineering • MEI Maverick Engineering • Naismith Engineering • Pipeline Analysis, LLC • R.H. Shackelford, Inc. • URS • Weston Solutions The firm's qualifications were reviewed by the Selection Committee composed of the following: • Pete Anaya, P.E., Director of Engineering Services • Foster Crowell, Director of Wastewater Services • Chip Baish, P.E., Wastewater Department • Jay Reining, First Assistant City Attorney All 10 firms were deemed competent and able to complete the project; however, as a result of the submittal reviews, the team of Pipeline Analysis, LLC was selected as the most highly qualified team. The major factors contributing to the recommendation of the RFQ Panel were as follows: 1 the ability to demonstrate and present a wide knowledge of applicable project fundamentals; 2. the team's previous experience on similar projects; demonstrated that they have completed similar projects on time and within budget; and they understand the project's requirements; and 3. the recommended team is well balanced to address the project requirements, possesses good team compatibility, and substantial expertise. —132— H:\HOME\VeImaP\GEN\WASTEWATER\E1OD15 SSOMMENDMENT NO. 3\AGENDA 3 BACKGROUND.tloe IEXHIBIT "A" Page 3 of 3 PRIOR PROJECT ACTIONS SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program Project No. E10015/ CIP No: WW 22 AMENDMENT NO. 3 PRIOR COUNCIL ACTION: 1. December 15, 2009 - Ordinance approving the FY 2010 Capital Budget and Capital Improvement Planning Guide in the amount of $202,877,800. (Ordinance No. 028449) 2. August 24, 2010 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $96,101, for professional services to prepare a Sanitary Sewer Overflow Initiative (8801) Plan and Final Capacity, Management, Operations & Maintenance (CMOM) Self -Audit Report. (Motion No. M2010-195) 3. 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) PRIOR ADMINISTRATIVE ACTION: 1. February 16, 2010 - Distribution of Request for Qualifications (RFQ) No. 2010-01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 local and 108 non -local). 2. February 26, 2010 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2010-01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 local and 108 non -local). 3. October 11, 2010 —Administrative approval of Amendment No. 1 to the Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $48,548, for a total restated fee of $144,649, for professional services to prepare a Sanitary Sewer Overflow Initiative (SSOI) Plan and Final Capacity, Management, Operations & Maintenance (CMOM) Self -Audit Report. 4. December 4, 2010 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with Pipeline Analysis, LLC of Dallas, Texas in the amount of $29,176, for a total restated fee of $173,825, for professional services to prepare a Sanitary Sewer Overflow Initiative (8801) Plan and Final Capacity, Management, Operations & Maintenance (CMOM) Self -Audit Report. —133— H:\HOMEWeImaP\GEN\WASTEWATER\E10015 SSOIIAMENDMENT NO. 31AGENDA 4 PRIOR PROJECT ACTIONS.doc EXHIBIT "B" Page 1 of 1 CONTRACT SUMMARY SUBJECT: Sanitary Sewer Overflow Initiative (SSOI) Program Project No. E10015/ CIP No: WW 22 AMENDMENT NO. 3 1. SCOPE OF PROJECT The City-wide hydraulic model will enable the City to analyze each Wastewater Treatment Plant service area's collection conveyance system for capacity adequacy, identification of hydraulic bottlenecks and minimization of potential sanitary sewer overflow events. Major tasks in this project include model development for both the existing and future Wastewater Collection system; measurement of current wastewater flows and rainfall monitoring; manhole inspections; staff training and development of a 10 -year Capital Improvement Program (CIP). 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, NE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE Delivery of the project will be done in two phases of work. Phase 1 includes the Broadway, Greenwood and Oso service area systems. Phase 2 includes the Allison, Laguna Madre and Whitecap service areas. The delivery of services will overlap and is scheduled as follows: Phase 1: Data Collection and Review Manhole and Field Inspection Model Development Model Calibration Engineering Report with CIP Phase 2: Data Collection and Review Manhole and Field Inspection Model Development Model Calibration Engineering Report with CIP May 2011 through Nov 2011 May 2011 through Nov 2011 Sep 2011 through Mar 2012 Dec 2011 through Jun 2012 Jun 2012 through Oct 2012 Feb 2012 through Aug 2012 Jan 2012 through Aug 2012 Aug 2012 through Dec 2012 Nov 2012 through Mar 2013 Feb 2013 through Jun 2013 —134— H:\HOME\VetmaP\GEN\WASTEWATER\E10015 SSOIAMENDMENT NO. 3WGENDA 5 CONTRACT SUMMARY.doc EXHIBIT "C" Page 1 of 2 4. FEES The anticipated construction cost for Sani ary Sewer Overflow Initiative (SSOI) Program is approximately estimated to be $130,000,000.00. This construction cost estimate may change after completion of this study. The total additional services fee proposal for this project is $2,162,928.00. Local consultant engineering firms LNV Engineering Inc. (28.6%) and Coym, Rehmet & Gutierrez, Engineering, L.P. (23.5%) will complete 52.1% of the work on this project. Therefore, the percentage of the hydraulic study cost to construction cost is 1.66%. —135— H:\HOME1VeimaP\GEN\WASTEWATERIE10015 SSOMMENDMENT NO. 3\AGENDA 5 CONTRACT SUMMARY.doc IEXHIBIT "C" Page 2 of 2 ORIGINAL CONTRACT AMENDMENT NO. 1 AMENDMENT NO. 2 AMENDMENT NO. 3 TOTAL 1 Preliminary Phase $17,678.00 $0.00 $0.00 $0.00 $17,678.00 2 CMOM Self -Audit Interviews including SSOI and 303(d) 59,553.00 0.00 0.00 0.00 59,553.00 3 CMOM Self -Audit Pre -Final and Final Report Submittal 8,963.00 0.00 0.00 0.00 8,963.00 4 SSO Initiative Pre -Final and Final Report Submittal 9,907.00 0.00 0.00 0.00 9,907.00 5 Greenwood SSOI Plan 0.00 21,225.00 0.00 0.00 21,225.00 6 Broadway SSOI Plan 0.00 27,323.00 0.00 0.00 27,323.00 7 Allison, Whitecap, Laguna Madre SSOI Plan 0.00 0.00 29,176.00 0.00 29,176.00 8 City-wide Hydraulic Model 0.00 0.00 0.00 1,989,103.00 1,989,103.00 Total Authorized Fee $96,101.00 $48,548.00 $29,176.00 $1,989,103.00 $2,162,928.00 08/24/10 M2010-195 10/11/10 Admin Approval 12/14/10 Admin Approval 06/21/11 M2011 - The anticipated construction cost for Sani ary Sewer Overflow Initiative (SSOI) Program is approximately estimated to be $130,000,000.00. This construction cost estimate may change after completion of this study. The total additional services fee proposal for this project is $2,162,928.00. Local consultant engineering firms LNV Engineering Inc. (28.6%) and Coym, Rehmet & Gutierrez, Engineering, L.P. (23.5%) will complete 52.1% of the work on this project. Therefore, the percentage of the hydraulic study cost to construction cost is 1.66%. —135— H:\HOME1VeimaP\GEN\WASTEWATERIE10015 SSOMMENDMENT NO. 3\AGENDA 5 CONTRACT SUMMARY.doc IEXHIBIT "C" Page 2 of 2 PROJECT BUDGET SANITARY SEWER OVERFLOW INITIATIVE (SSOI) PROGRAM (Project No. E10015) June 21, 2011 FUNDS AVAILABLE: Wastewater CIP FY 2011 $775,500.00 Wastewater CIP FY 2012 1,100,000.00 Wastewater CIP FY 2013 1,015,000 00 Total 2,890,500.00 FUNDS REQUIRED: Construction (estimate) N/A Contingencies (10%) N/A Consultant Fees: Consultant - (Pipeline Analysis) (CMOM) 173,825.00 Consultant - (Pipeline Analysis) (Hydraulic Model) 1,989,103.00 Testing - (Geotechnical & Material Testing) N/A Subtotal $2,162,928.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 48,665.88 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 75,702.48 finance Issuance 27,036.60 Misc. (Printing, Advertising, etc.) 10,814 64 Subtotal 162,219.60 Total $2,325,147.60 FUNDS REMAINING $565,352.40 H:NOMEIVelmaPIGENMASTEVVATER E10016 SSOMMENDMENT NO. MAGENDA 6 PROJECT ant EXHIBIT "D" Page 1 of 1 \Mproject \ councilexhibits \exhE10015bdwg ALLISON TREATMENT AREA l J f rry 2i T RIVER a s NIECES Bay 4 ,.,,,,„;,,se,..---,_.\� BROADWAY TREATMENT AREAJI CORRry C5YRTM5' Bay GREENWOOD TREATMENT AREA NAS OSO TREATMENT AREA m 2444 La$71Na MADRE CITY WIDE PROGRAM PROJECT #E10015 (LAGUNA TREATMENT AREA WHITECAP TREATMENT AREA LOCATION MAP NOT TO SCALE i QQF�e YVIJ o Ey MEXICO EXHIBIT "E" SANITARY SEWER OVERFLOW INITIATIVE (SSOI) PROGRAM 137 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06/21/2011 NMI WOW 01111 Clt� a� Carpus ii0;11 Christi Sanitary Sewer Overflow Initiative (SSO1) Program City-wide Hydraulic Modeling (Project No. E10015) Council Presentation June 21, 2011 ?'.8 FT. WASTE WATER tl t' .1' .1 J 1' JIL1 7' nal,,City of Corpus Christi Background • City reviewed requirements and agreed to participate in TCEQ SSO outreach program for the Oso WRP Basin — January 19, 2010, the City sent a letter to TCEQ requesting participation in the SSOI program for a limited area — June 17, 2010, TCEQ responded confirming our participation in their SSOI for the Oso Water Reclamation Plant Service Area • Preliminary Plan by July 19, 2010 • Final Plan within 180 days after July 19, 2010 — July 19, 2010, the City confirmed participation in the SSO Outreach Initiative and submitted the Preliminary Plan • Pipeline Analysis was selected for this project through RFQ No. 2010-01 Professional Services for Department of Engineering Services TANA( VIVASTEWATER DO, AHYM NT 2 City of Carpus Christi Benchmark Background Population City e :: L r Hydraulic Model 1,95.3,631 Houston Yes 1488,580 Dallas Yes 1444,646 San Antoni;_, Yes 656,562 Austin Yes 563,662 El Paso Yes 534,694 Fort Worth Yes .332,969 Arlington Yes 277,454 Corpus Christi No 222,030 Plano No 215,768 Garland Yes 199,564 Lubbock Yes 191,615 Irving Yes 176,576 Laredo Yes 17.3,627 Amarillo Yes 127,427 Grand Prairie Yes 124,523 Mesquite Yes 115,930 Abilene Yes 11.3,866 Beaumont Yes 11.3,726 Waco No 109,576 Carrollton Yes 86,911 Killeen Yes 80,537 Denton Yes 65,660 Bryan Yes City of 9ProjectScope ostiyallaistaira Construct the model • Field surveying to obtain manhole elevation (4,998 manhole rims) • Manhole inspection to obtain pipe size, depth, condition, etc. • City-wide wastewater flow monitoring at 79 key locations • Allocate existing wastewater flows o uo FLOW (mgd) 7 u u c N 0.3 RDII Hydrograph Site 1 - 0.25 - 03 - 0.15 { F 0.( H 0 3113 3/14 3/15 3/16 3/17 3/18 3/19 3120 VCity of ii4Carpus Christi ProjectScope Calibrate the model using actual wastewater flow data • Dry weather wastewater flow • Wet weather wastewater flow • Design storm event (5 year, 24 hour storm event) FLOW (m9d) „ P I 01.005 1(u1s) n a) o�,30 107 B 032 ❑ 0.24 d 616 LL 0.08 0:00 1(n,,) n (�,ae oaaaasa) olOre n o; i I` /4t A•1 1■ LSI° SITE 12 Wet Weather Response 5'.00 10:00 15.00 20'.00 Time(hh_mm) 10&B 16 LL oeiii\ 0:00 Location sial 05 .10,3 Mati.tia qa(w) A time anal 1 , 1 me Jr tf tijt rrFii 11\\J 1• Wet rio 1� ry 1 11/5 ■ Elle Edo yew Roma Model Tools Wlndow Help JJJ 105 A 0.1 s 0.12 ❑ 2 0.08 3 LL 6.64 0 00 0'.00 01.005 1(u1s) n a) o�,30 107 B 032 ❑ 0.24 d 616 LL 0.08 0:00 1(n,,) n (�,ae oaaaasa) olOre n o; i I` /4t A•1 1■ LSI° fil ijjj1jj 5:00 10:00 15:00 20.00 Tme(hh_mm) 5'.00 10:00 15.00 20'.00 Time(hh_mm) 10&B 16 LL oeiii\ 0:00 Location sial 05 .10,3 Mati.tia qa(w) A time anal 1 , 1 me Jr 109 A 6.46 6.25 '' 0 30 i 0 2 0:00 Locationrent Integral Kaa.Oeo. a(m) m 32 I aaama a 11, Al ry !11 i 5:00 10'.00 15'.00 20'.00 Time(hh_mm) 5'.00 10:00 15'.0011 20'.00 Time(hh.-mm) Previous Nexl Text Reformat... @8:28..51, 1.4557] 141startI Printers 10,Inhox- Microsoft Exchange I Chris Knox - Schedule+ IIeHydroWmks Workbe... Canon 620-4550 S d a J 401PM en "lc eurnt dint WASTEWATER LI F. 14 rl1 J Jq iF 1! T 5 City of Corpus Christi System Analysis and Deliverables • Identify existing system deficiencies, bottlenecks, flow diversions, etc. • Project future system needs (2015 and 2020) • Develop recommended improvement alternatives and costs • Prioritize alternatives • Prepare 10 year CIP plan • Provide training to City staff and deliver calibrated hydraulic model for each treatment plant service area (6) Project Scope City of Corpus Christi 0001011.."40 Project Limits • 1,122 miles of gravity wastewater mains • 6 treatment plant service areas COof..er4vS rAsh Wastewater A.{1a ool HAI.- ravel Pla 701,1.5504 SWAM km 'msden,gt Fkwo MS }av Ilemv Arno M1S' an. Sxnra4. Amu T 41 1'- J'`ti, -14 b 1 _4A "17- 4� J-- VASTFKIVElli WASTEWATER JI ,P,4RYM 'NT 7 City of Corpus Christi Project Schedule 1 Phase 1: Broadway, Greenwood & Oso Service Areas Data Collection and Review Manhole and Field Inspection Model Development Model Calibration Engineering Report with CIP Phase 2: Allison, Laguna Madre & Whitecap Service Areas Data Collection and Review Manhole and Field Inspection Model Development Model Calibration Engineering Report with CIP Sanitary Sewer Overflow Reduction Program - Hyraulic Modeling Project No. E10015 Project Schedule - Year 1 Fixed May 2011 through Nov 2011 May 2011 through Nov 2011 Sep 2011 through Mar 2012 Dec 2011 through Jun 2012 Jun 2012 through Oct 2012 Feb 2012 through Aug 2012 Jan 2012 through Aug 2012 Aug 2012 through Dec 2012 Nov 2012 through Mar 2013 Feb 2013 through Jun 2013 2011 2012 2013 April May Jun July Aug Sep Oct Nov Dec Jan Feb Mar April May Jun July Aug Sep Oct Nov Dec Jan Feb Mar April May Jun July Phase 1 Oso, Broadway and Greenwood Service Areas Phase 2 Allison, Laguna Madre and Whitecap Service Areas f .r, rr ff Aram WASTEWATER 8 tisomiroftim City of Corpus Christi Project Cost Task Description PA LNV CRG Total Hydraulic Modeling Tasks 1 Data Collection and Review $23,012 $85,990 $31,610 $140,612 2 Model Development and Data Conversion $856 $81,924 $42,041 $124,821 3 Model Calibration $4,350 $83,705 $81,039 $169,094 4 Existing System Analysis $23,010 $31,320 $54,330 5 Future System Analysis $3,888 $62,762 $87,933 $154,583 6 Final Engineering Report $8,407 $61,906 $80,909 $151,222 7 Wastewater Flow and Rainfall Monitoring (79 sites) $435,894 $2,920 $0 $438,814 8 Manhole Inspection (4,558) $436,938 $436,938 9 Topographic Survey - Elevation Data (4,998) $134,754 $112,480 $247,234 10 Training City Staff $31,455 $31,455 11 Supplemental Assistance - Data Gathering $25,000 $0 $0 $25,000 12 Traffic Control Plan Allowance (if authorized) $15,000 $0 $0 $15,000 Total Not to Exceed $953,345 $568,426 $467,332 $1,989,103 Participation Summary 47.9% 28.6% 23.5% 100.0% r L PIPELINE ANALYSIS"` WA57FWAY€R C011ECIlON SYSY€M FNG1N€€RS engineers architects contractors Coym. Rehmet & Gutierrez Engineering. L. P. ENGINEERS. PLANNERS. SURVEYORS WASTEWATER 1.1 0'.1 J? rM!1NT 9 City of Corpus Christi 0.011"10.110 Questions? Sanitary Sewer Overflow Initiative (SSOI) Program (Project No. E10015) Hole in Pipe with Soils ui 42.2 FT 10 AGENDA MEMORANDUM City Council Action Date: June 21, 2011 SUBJECT: Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1 (Project No. E10172) AGENDA ITEM: Motion authorizing the City Manager, or designee, to execute Amendment No. 1 to the Contract for Professional Services with Urban Engineering of Corpus Christi, Texas, for a fee not to exceed $364,370, for a total contract amount not to exceed $414,240 for the Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1. ISSUE: This proposal is for providing a redundant water supply source to Padre Island. Presently, the Island receives its water supply through a single 24 -inch steel transmission main that was constructed across the Laguna Madre in 1968. Water is delivered to the Sand Dollar Pump Station and then re -pumped into the Padre Island distribution system. A portion of the water is sold as bulk sales and pumped down State Highway 361 to the Nueces County Water Control and Improvement District (NCWCID) No. 4. This project began with a study to develop and evaluate alternatives to meet current and future water demands through 2030. During completion of the study additional options were requested to be evaluated, due to cost issues, and to consider an existing 20 -inch steel gas line across the Laguna Madre that recently was abandoned and may be available to the City. The proposal includes evaluation of the additional options and completion of the study and provides for engineering services to design and construct the City selected alternative from the study. FUNDING: Funding is available from the 2011 Capital Budget and Capital Improvement Planning Guide. RECOMMENDATION: Staff recommends approval of the Motion as presented. 10 Kik_ _athgaiille Gustavo 1 • nzalez, ' . E. Director o Water Op -rations 361-826-1874 gustavogo@cctexas.com Additional Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "D" Exhibit "E" Support Material: Background Information Prior Project Actions Contract Summary Project Budget Location Map Pete Anaya, P.E. Director of Engineering Services 361-826-3781 petean@cctexas.com —161— NAHOME\VelmaP\GEN \WATER\PADRE\E10172 PADRE ISLAND WATER SUPPLY STUDY\AMENDMENT NO. 1 WGENDA 2 MEMO.doc AGENDA BACKGROUND INFORMATION SUBJECT: Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1 (Project No. E10172) PROJECT BACKGROUND: Padre Island is served by a 24 -inch line that was installed in the 1970's. It is estimated that the capacity of the line is 10 MGD. This line crosses the Laguna Madre, parallels the JFK Bridge and leads directly into the Sand Dollar Pump Station which is located on the north side of SPID and next to the County Park. For reliability a 1.5 MG elevated tank was built and placed into service in September 2010. This elevated tank is located on the south end of the residential development near the intersection of Corralvine and Allamanda Streets. Currently the maximum day demand for the customers on Padre Island and those customers south of the State Park on Mustang Island (the City of Corpus Christi Service Area) is 3.3 MGD and the average daily demand for the same customers is approximately 1.23 MGD. In addition to the above demand the City is a wholesale supplier of water to the Nueces County Water Control and Improvement District (NCWCID) No. 4 which provides water to Port Aransas and a portion of Mustang Island within the City of Corpus Christi. The NCWCID No. 4's maximum day demand is 3.5 MGD and the average daily demand for the same customers is approximately 2.0 MGD. In November of 2010, the City authorized Urban Engineering to conduct a study of the water supply system to Padre Island. The primary purpose of this study was to develop and evaluate options for providing a redundant water source to meet current and future 2030 water demands on the island. This project consists of the Padre Island Water Supply Study to evaluate and make recommendations for a redundant water supply to Padre Island and engineering services to design a new water line across the Laguna Madre as recommended in the study, obtain regulatory agency permits, produce plans and specifications for bidding and assist the City in the bidding and construction of the new waterline. AMENDMENT NO. 1 DESCRIPTION: This contract amendment will include adding to the Padre Island Water Supply Study portion of the contract the evaluation of the additional alternative considerations for a redundant water supply pipeline across the Laguna Madre and provides for engineering services to design and construct the selected alternative from the completed study. CONTRACT SUMMARY/FEE: A contract summary and fee is attached as Exhibit "C". EXHIBIT "A" Page 1 of 1 H:IHOME1VeImaPIGEMWATERIPADREE10172 PADRE ISLAND WATER SUPPLWS6U2' AMENDMENT NO. 11AGENDA 3 BACKGROUND.tloc PRIOR PROJECT ACTIONS SUBJECT: Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1 (Project No. E10172) PRIOR COUNCIL ACTION: 1. 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) PRIOR ADMINISTRATIVE ACTION: 1. February 16, 2010 - Distribution of Request for Qualifications (RFQ) No. 2010-01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 local and 108 non -local). 2. February 26, 2010 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2010-01 Professional Services for Department of Engineering Services Projects to 183 engineering firms (75 local and 108 non -local). 3. November 5, 2010 - Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $49,870 for the Padre Island Water Supply Study (Project No. E10172). —163— EXHIBIT "B" Page 1 of 1 H:\HOME\VeImaPIGEN\WATER\PADRE\E10172 PADRE ISLAND WATER SUPPLY STUDY\AMENDMENT Na MGENDA 4 PRIOR PROJECT ACTIONS.tloc CONTRACT SUMMARY SUBJECT: Padre Island Water Supply Study and Alternate Water Transmission Main, Phase 1 (Project No. E10172) 1. SCOPE OF PROJECT The Padre Island Water Supply Study will develop and evaluate options for providing a redundant water source to meet current and future 2030 water demands on the island. Presently, the Island receives its water supply through a single 24 -inch steel transmission main that was constructed across the Laguna Madre in 1968. The recommended solution will be designed and constructed. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to evaluate the additional options for water service across the Laguna Madre to complete the study and perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. PROJECT SCHEDULE Day Date Activity Wednesday June 29, 2011 Begin Study Completion Monday August 1, 2011 Begin Design/Permitting Monday January 2, 2012 Interim Submittal Thursday February 2, 2012 City Review Wednesday April 18, 2012 Pre -Final Submittal Thursday May 10, 2012 City Review Tuesday June 12, 2012 Final Submittal Monday July 2, 2012 Advertise for Bids Tuesday July 17, 2012 Pre -Bid Conference Wednesday August 1, 2012 Receive Bids Tuesday August 28, 2012 Contract Award Thursday September 27, 2012 Begin Construction TBD End of Construction —164— EXHIBIT "C" Page 1 of 2 H:IHOME\VeImaP\GENIWATERIPADRE1E10172 PADRE ISLAND WATER SUPPLY STUDVWMENDMENT NO. 1V+GENDA 5 CONTRACT SUMMARVdoc 4. FEES 11/05/10 06/21/11 Admin Approval M2011 - The estimated cost of construction of Padre Island Water Supply Study and Alternate Water Transmission Main Project is $3,338,000. The total basic services fee proposal for this project is $267,000. Therefore, the percentage of design cost to construction cost is 8%. —165— EXHIBIT "C" Page2of2 H:\HOME\VelmaP\GEN\WATER\PADRE\E10172 PADRE ISLAND WATER SUPPLY STUDYIAMENDMENT NO. 1\AGENDA 5 CONTRACT SUMMARY.doc ORIGINAL CONTRACT AMENDMENT NO. 1 TOTAL BASIC SERVICES 1 Preliminary Phase $0.00 $40,100.00 $40,100.00 2 Design Phase 0.00 173,500.00 173,500.00 3 Bid Phase 0.00 13,300.00 13,300.00 4 Construction Phase 0.00 40,100.00 40,100.00 Sub -Total Basic Services 0.00 267,000.00 267,000.00 ADDITIONAL SERVICES 1 Water Supply Study 49,870.00 20,000.00 69,870.00 2 Permitting (Allowance): USCOE Permit 0.00 19,600.00 19,600.00 TXDOT 0.00 10,000.00 10,000.00 NPDES Permit 0.00 2,500.00 2,500.00 3 ROW Acquisition Survey 0.00 0.00 0.00 4 Topographic Survey 0.00 11,500.00 11,500.00 5 Hydrographic Survey 0.00 9,110.00 9,110.00 6 Wetland Delineation (Allowance) 0.00 13,800.00 13,800.00 7 Environmental lssues 0.00 5,460.00 5,460.00 8 Construction Observation Services 0.00 0.00 0.00 9 Start-up Services 0.00 0.00 0.00 10 Warranty 0.00 5,400.00 5,400.00 Sub -Total Additional Services 49,870.00 97,370.00 147,240.00 TOTAL AUTHORIZED FEE $49,870.00 $364,370.00 $414,240.00 11/05/10 06/21/11 Admin Approval M2011 - The estimated cost of construction of Padre Island Water Supply Study and Alternate Water Transmission Main Project is $3,338,000. The total basic services fee proposal for this project is $267,000. Therefore, the percentage of design cost to construction cost is 8%. —165— EXHIBIT "C" Page2of2 H:\HOME\VelmaP\GEN\WATER\PADRE\E10172 PADRE ISLAND WATER SUPPLY STUDYIAMENDMENT NO. 1\AGENDA 5 CONTRACT SUMMARY.doc PROJECT BUDGET PADRE ISLAND WATER SUPPLY STUDY AND ALTERNATE WATER TRANSMISSION MAIN PHASE 1 (Project No. E10172) June 21, 2011 FUNDS AVAILABLE: Water CIP FY 2011 $54,500.00 Water CIP FY 2012 850,000.00 Water CIP FY 2013 4,320,000.00 Total... $5,224,500.00 FUNDS REQUIRED: Construction (estimate) $3,338,000.00 Contingencies (10%) 333,800.00 Consultant Fees: Consultant - (Urban Engineering) 414,240.00 Testing - (Geotechnical & Material Testing) (estimate) 41,725.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) 117,551.25 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) 182,857.50 Finance Issuance 65,306.25 Misc. (Printing, Advertising, etc) 26,122.50 Total $4,519,602.50 FUNDS REMAINING $704,897.50 HAHOME\VermaP\GENIWATER\PADRE\E10172 PADRE ISLAND WATER SUPPLY STUDYAMENtgleNO. TAGENDA 8 PROJECT BUDGET EXHIBIT "D" Page 1 of 1 \ Mproj ect \ council exhibi is \ exh E 10172. d wg CORPUS C.1021517 Bay NAS PROPOSED INTERIM J WATER TRANSMISSION MAIN IMPROVEMENTS /? LAGUNA. 34aDRT Oso Creek ce- / PROPOSED FUTURE WATER TRANSMISSION MAIN LOCATION MAP NOT TO SCALE PROJECT #E10172 / / y1/ GULF OF QQ� �ITXICO Q% Q EXHIBIT "Es PADRE ISLAND WATER SUPPLY STUDY AND ALTERNATE WATER TRANSMISSION MAIN, PHASE 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 &I DATE: 06/21/2011 \.w+/ Padre Island Water Supply Study and Alternate Water Transmission Main Phase 1 (Amendment Number 1) Council Presentation June 21, 2011 Options Studied PORT ARANSAS OPTION 2 $34.3 MIWON OPTION 3 $4.2 MILLION ARANSAS PASS >s' CORPUS CHRISTI ENGIN CORPUS CHRISTI, =AS } fiAYE lai! G6YdiYWaunmozar m11 tr 414311 Gq��q Project Schedule PADRE ISLAND WATER SUPPLY STUDY AND ALTERNATE WATER TRANSMISSION MAIN PHASE 1 2011 2012 May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Study Completion Design Bidding Begin Construction Pct',./pfs = Christi PtBdt J PADRE ISLAND WATER SUPPLY STUDY AND ALTERNATE WATER TRANSMISSION MAIN PHASE 1 June 21,2011 FUNDS AVAILABLE: Water CIP FY 2011 $54,500.00 Water CIP FY 2012 $850,000.00 Water CIP FY 2013 $4,320,000.00 Total $5,224,500.00 FUNDS REQUIRED: Construction (estimate) $3,338,000.00 Contingencies (10%) $333,800.00 Consultant Fees: Consultant - (Urban Engineering) $414,240.00 Testing - (Geotechnical & Material Testing) (estimate) $41,725.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin.) $117,551.25 Engineering Services (Project Mgt/Constr. Mgt/Traffic Mgt, $182,857.50 $65,306.25 Finance Issuance Misc. (Printing, Advertising, etc.) $26,122.50 Total $4,519,602.50 FUNDS REMAINING $704,897.50 City of Corpus E Christi tu.,..+.r Questions 5 11 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Arts and Cultural Commission (ACC) annual report STAFF PRESENTER(S): Name 1. Michael Morris 2. Reba George 3. OUTSIDE PRESENTER(S): Name 1. Heidi Hovda 2. Joye LaBarrett 3. Joe Hilliard Title/Position Director Superintendent Title/Position Chair Member Member BACKGROUND: The Arts and Cultural Council. REQUIRED COUNCIL ACTION: none Department Parks & Recreation Parks & Recreation Organization Arts & Cultural Commission Arts & Cultural Commission Arts & Cultural Commission Commission reports regularly to the City Michael Morris, Dir ctor Parks and Recreation Department M ichaelMo@cctecxas. com 361-826-3464 PowerPoint X Supplemental Information X Annual Report from the Arts & Cultural Alliance -171- Annual Report ARTS & CULTURAL COMMISSION 2010-2011 Arts Headlines ... Funding for arts organizations reduced ...Arts grants suspended ... Festival of the Arts becomes 501 c3 ... Membership & bylaws revised ... Public art program reviewed ... Cultural District designation sought CORPUS CHRISTI PARKS& RECREATION Funding for arts organizations reduced •Art organizations notified of reduced funding in FY1 1 budget (Recipient Agreements) $ 522,670 FY10 $ 300,963 FY11 (221,707 less) • Arts and Cultural Alliance forms with nine arts organizations 1,897 utility bill participants $ 12,776 collected to date (12 months) CORPUS CHRISTI PARKS& RECREATION Arts grants suspended • Art grants program eliminated in FY1 1 $ 91,500 FY10 $ 0 FY11 CORPUS CHRISTI PARKS& RECREATION Festival of the Arts becomes 501c3 • City financial support eliminated in FY1 1 $ 30,000 FY10 $ 0 FY11 • 201 1 event held at Art Center of Corpus Christi 12,000+ public attendance 175 vending & exhibiting artists 210+ filmmakers & performers CORPUS CHRISTI PARKS& RECREATION Membership & by-laws revised • Number of Commissioners reduced 17 Commissioners • Representation broadened 9 Commissioners *Marketing * Economic development/tourism * Public space/public art * Youth/education * Performing arts * Visual arts * Architecture * Higher education * Business development groups/corporate CORPUS CHRISTI PARKS& RECREATION Public Art Program reviewed • Art maintenance funding reduced $ 6,500 FY10 $ 0 FY11 • Permanent art inventory inspected 72 pieces of public art $1,500,000+ known original cost of public art $ 21,365 pending maintenance as of 2010 • Public Art Collection book published .. CORPUS CHRISTI PARKS& RECREATION WHAT'S NEXT: Develop Cultural District' plan Cultural District designation sought PROPOSED "BAYFRONT CULTURAL DISTRICT' • Texas Commission for the Arts economic development rTie program suspended for 2 yrs 'Bayfront Request for FY12 Overall ARTS funding restored to FY 10 levels • Recipient Agreements $ 532,670 • ACC programs - Arts grants $ 91,500 - Arts maintenance $ 26,500 - Arts marketing $ 3,500 CORPUS CHRISTI PARKS& RECREATION Membership ARTS & CULTURAL COMMISSION Heidi Hovda, Chairperson Frank Trimble, Vice -Chairperson Dianna Bluntzer-Dura Kelly Quintanilla Joe Hilliard Joe Schenk Joye LaBarrett Corinne Valadez Karina Paris Arts and Cultural Alliance Report to City Council — June 21, 2011 The City of Corpus Christi - due to anticipated budgeted shortfalls in the Hotel Occupancy Tax - reduced arts and cultural funding during FY 2010-2011. The City met with the arts and cultural groups before the budget was approved and developed a fundraising mechanism that has a potential to grow and replace that funding. The "Check Yes for Arts and Culture Campaign" gives City of' Corpus Christi utility bill customers the opportunity to add a small monthly donation to their bill to directly support the arts. The funding received thus far is applied to the operational and programming support for the following organizations: The City of Corpus Christi Arts and Cultural Commission, the South Texas Botanical Gardens and Nature Center, Harbor Playhouse, the Art Center of Corpus Christi, Corpus Christi Symphony Orchestra, the Texas Jazz Festival, the Antonio E. Garcia Arts and Education Center, Instituto de Cultura Hispanica, the Asian Cultures Museum. The nine organizations formed the Arts and Culture Alliance ("ACA"). Per the Memo of Understanding with the City of Corpus Christi, the funds received through this initiative is allocated based on the existing percentages allocated to the individual arts and cultural groups through the FY 2009-2010 HOT Fund disbursements. Currently, the City of Corpus Christi is sending checks directly to the nine organizations based on the response from utility bill customers. Once the ACA receives non-profit status (501c3), the City of Corpus Christi will send one check to the ACA for disbursement to the member groups. Individual donations made to the ACA are held in a bank account and those funds will be used for filing fees for non-profit status and marketing initiatives to promote the fund. Check Yes for Arts - Utility Bill Donations May 2010 to April 2011 Antonio E. Garcia Arts and Education Center 736.42 City of Corpus Christi Arts and Cultural Commission 4,492.06 Corpus Christi Symphony Orchestra 589.13 Harbor Playhouse 1,558.04 Instituto de Cultura Hispanica 981.87 South Texas Botanical Gardens and Nature Center 981.87 Texas Jazz Festival 490.97 The Art Center of Corpus Christi 1,472.82 The Asian Cultures Museum 1,472.82 Total Antonio E. Garcia Arts and Education Center Allocations or Utilization: No information at this time Description/Goals of the Organization: No information at this time Corpus Christi Symphony Orchestra Allocations or Utilization: No information at this time Description/Goals of the Organization: No information at this time 12,776.00 Harbor Playhouse Allocations or Utilization: Monies received from the Arts and Culture Alliance fund were used to offset costs for the development of Harbor Playhouse's upgraded website, www.harborplavhouse.com, which launched in February 2011. Description/Goals of the Organization: Recognized as one of the oldest and finest community theaters in the state of Texas, Harbor Playhouse traces its non-profit theater back to 1925. Harbor Playhouse serves thousands in the community, whether they are volunteers in performance, set -construction or design or audience members. Despite recent budget cuts, Harbor Playhouse has added a School of Theater program to its robust cultural options to the community and reaches hundreds of children a year with -177- 2 education -based theater training with a professional theater educator. The Harbor Playhouse season includes at least 12 shows in its season every year, bringing performance opportunities to people of all ages and backgrounds. Instituto de Cultura Hispanica Allocations or Utilization: We have used the monies collected through the utilities bills to pay for the electricity used to operate our museum -educational center, which is located at Heritage Park. Part of the funds have also been used to buy materials used in the presentation of exhibits that are on display at the museum — educational center and museum promotions through letters, postcards and our website. Description/Goals of the Organization: The purpose of the organization is to promote a better understanding of the diverse culturals represented in our community through programs which include art exhibits, folkloric displays, English and Spanish recitals, cultural celebrations and fund-raising activities which foster an atmosphere of good will and friendship. South Texas Botanical Gardens and Nature Center Allocations or Utilization: Description/Goals of the Organization: The South Texas Botanical Gardens & Nature Center is 182 -acre nature tourism facility located on Oso Creek on the southside of Corpus Christi. Its mission is to advance the knowledge and appreciation of plants and the environment, in relation to personal and community education, well-being and scientific understanding. It conserves, preserves, displays and interprets native and adapted flora and fauna of South Texas for residents and visitors. The Botanical Gardens & Nature Center strives to offer an ever-growing source of beauty, information, environmental learning and entertainment, to provide a positive, satisfying visitor experience; and to enhance local quality of life and economic development through nature tourism. The South Texas Botanical Gardens & Nature Center is considered one of the top five tourist attractions in Corpus Christi. It is a vital part of the developing nature tourism initiation by the CVB. Botanical Gardens are part of almost every major metropolitan area and are visited by many since gardening is the #1 pass -time in America. Texas Jazz Festival Allocations or Utilization: ACA funds helped subsidize the placement of a $1,500 ad in "Jazz Times," a national music magazine, to promote the upcoming Texas Jazz Festival. Description/Goals of the Organization: The Texas Jazz Festival Society is a 501C nonprofit corporation organized in 1968 for civic and educational purposes. Its goals are: *To perpetuate and present the live performance of jazz music as an American art form; To showcase local and area talent; *To promote and present the Annual Texas Jazz Festival free of charge to the public; *To foster tourism in the City of Corpus Christi; *To encourage and aid in the education of young music students. We have been bringing thousands of music lovers from all over the country to Corpus Christi where they will be spending thousands of dollars in our hotels, restaurants, gas stations, grocery stores, and gift shops. We are very proud to announce that we awarded 6 scholarships to music students at the universities and Del Mar College in 2008 and plan to present more in 2011. We raised over $2,500.00 to aid the Katrina evacuees through the Red Cross. The Texas Jazz Festival also partners with the ACA and the local chapter of the American Red Cross for fundraising opportunities during Festival. The Art Center of Corpus Christi Allocations or Utilization: The modest amounts, when received, were deposited in the General Fund account and were used for replacing exhibit spot lights, class art supplies and promotional materials. Description/Goals of the Organization: The mission of the Art Center of Corpus Christi is to nurture and promote local and regional artists and to create a welcoming environment for creative expression. One important vision is to provide/offer creative art centered experiences and educational opportunities to the children, youth and adults of our area. In 2010 we made a focused effort to increase the quantity and quality of our educational contacts with young people. Over 200 children, ages 7 to 14 attended our fine arts summer camps. Over 500 high school art students visited the VASE State Gold Seal Show and participated in structured activities. Our new Family Art Time (a weekly free family art activity on Saturdays) has attracted 225 kids/parents in the first three weeks. The Asian Cultures Museum Allocations or Utilization: The Asian Cultures Museum & Educational Center has trimmed its annual budget to less than $80,000 in an effort to continue as an integral part of the Corpus Christi museum and convention community. The funds received from the utility bill funds have been applied against monthly operational expenses such as alarm security, insurance and building repair expenses. Description/Goals of the Organization: The Asian Cultures Museum & Educational Center began in 1974 as a non-profit corporation to promote an understanding of Asian cultures through educational programming, exhibits and cultural events. The Museum, in recent months, reorganized with a renewed leadership team and new administrative staff. There is an exciting new vision that is being implemented to support the updating of the facility, the exhibits, activities and educational programming that will increase the public's awareness of Asian Cultures and our Texas Asian community. This is the Museum's commitment to play a -178- 3 significant role in representing the approximate 186,000 South Texas Asians while increasing the economic climate for the Asian Cultures Museum and attracting tourists to the museum and convention district of Corpus Christi. City of Corpus Christi Arts and Cultural Commission Allocations or Utilization: The ACC will utilize the funds for the creation of a Bayfront Arts and Cultural District. Description/Goals of the Organization: The Arts and Cultural Commission is pursuing development of an Arts and Cultural District and is in the research mode of this plan. Initial plans were to receive this designation from the Texas Commission on the Arts (TCA). With the TCA's staffing and budget reductions, the ACC is waiting to find out if the Arts and Cultural District Designation program will continue. However, the ACC would like to develop its own plan for an arts and cultural district, utilizing the TCA program as a best practices guide. The return on investment for creating an arts and cultural district in a city seems to be significant. More details will be given to City Council was the ACC has a fully researched and vetted plan to present. Donations and other monetary contributions Direct donations to the Arts and Culture Alliance were used to pay for the printing of our first insert in the City of Corpus Christi Utility Bill. The balance of those donations is currently at $1,273.60, which is currently held in a bank account at First Community Bank. The ACA intends to use this money for marketing purposes for the October 2011 insert in the Utility Bill. -179- 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of parking meter proposed rate increases. STAFF PRESENTER(S): Name Title/Position 1. Pat Eldridge Police Administration Manager 2. Mark Denson Parking Meter Supervisor 3. D. Troy Riggs Chief of Police OUTSIDE PRESENTER(S): Name Title/Position Department Police Police Police Organization 1. 2. ISSUE: The Police Department proposes the parking meter rates be increased and equipment updated. REQUIRED COUNCIL ACTION: None required D. Troy Riggs Chief of Police troyr(a�cctexas.com 886-2603 —183— CCPD Parking Control 1 3 Primary Objectives 1.‘Directed Parking’ Program. 2.Revitalization revenue through ‘Parking Improvement Fund’. 3.Community project benefiting the entire community! 2 Meter Rates all rates expressed in HOURLY format) Current Rates Actual:.25, .20, .17, 15, .10, .05 TSA (145): .75 & .50 Times:1 hr., 2 hr., 4 hr., 8 hr. & 10 hr. Proposed Rates City:.75, .50 & .25 TSA: 1.00 & .75 Parking Lots: .75 & 50 Times:2 hr, 4 hr & 10 hr. 3 Rollout Expenses Meters Pay Stations Totals Air & Credit Card Charges Hearing Officer Reg. Budget Totals Yr .1 261,010 40,000 301,010 44,100 Yr. 2 0 0 0 44,100 Yr. 3 0 0 0 44,100 3 Yr. Totals 261,010 40,000 301,010 132,300 44,600 44,600 44,600 133,800 259,727 340,663 340,663 941,053 649,437 429,363 429,363 1,508,163 Yr . 1 Includes one additional FTE & Electronic Ticket Writers Yr. 2 Includes additional supervisor position 5 Projected Revenue IMF11117i ‘1161 3 Yr. Total Meters 605,370 665,260 882,621 2,153,251 Pay Stations 62,400 62,400 93,600 218,400 Total 667,770 727,660 976,221 2,368,357 .50 average meter rate 30% increase due to Credit Card meters w/ 78% paying max 338 additional metered spaces Yr. 3 — 25¢ increase Trends of other cities taken into consideration 6 Rollout Expenses Meters -YR. 89,672 Pay Stations 40,000 Totals Air & Credit Card Fees 129,672 14,700 80,164 0 80,164 29,400 80,164 250,000 0 40,000 80,164 44,100 290,000 88,200 Hearing 44,600 44,600 44,600 133,800 Officer Reg. Budget 259,727 346,564 346,564 952,855 Total 448,699 500,728 515,428 1,464,855 Yr . 1 Includes additional FTE & Electronic Ticket Writers Yr. 2 Includes additional supervisor position 7 Rollout Projected Revenue YR. 1 YR. 2 YR. 3 Meters 404,632 498,596 765,621 Pay Stations 62,400 62,400 93,600 Total 467,032 560,996 859,221 1,668,849 218,400 1,887,249 Assumptions: .50 average meter rate 30% increase due to Credit Card meters w/ 78% paying max 338 additional metered spaces Yr. 3 — 25¢ increase Trends of other cities taken into consideration 8 1 YR. vs. 3 YR Comparison Expense Comparison YR. 1 1 YR Rollout 649,437 3 YR Rollout 448,699 2 429,363 500,728 3 429,363 515,428 Difference Total 1,508,163 1,464,855 43,308 Revenue Comparison YR. 1 1 YR Rollout 667,770 3 YR Rollout 467,032 2 727,660 560,996 3 976,221 859,221 Difference Total 2,371,651 1,887,249 484,402 9 13 CITY OF ORPUS Texas HRISTI FY 2011-2012 Proposed Budget Internal Service/Special Revenue/Debt Service Funds Presentation June 21, 2011 C INTERNAL SERVICE FUNDS 2 Used to account for the financing of goods or services provided by one department or agency to other departments or agencies of the governmental unit, or to other governmental units, on a cost-reimbursable basis. City of Corpus Christi City of Corpus Christi 3 Fund Projected Fund Balance @ 8.1.11 Budget Revenues Budget Expenditures Projected Fund Balance @ 7.31.12 Reserved Stores $536,067 $4,284,100 $4,231,822 $588,345 0 Maintenance Service 6,139,258 21,638,531 20,671,435 7,106,354 6,819,664 Municipal Information Systems 1,472,176 14,421,252 14,261,916 1,631,512 0 Engineering Services (164,110)5,261,726 5,030,637 66,979 0 Total $7,983,391 $45,605,609 $44,195,810 $9,393,190 $6,819,664 Summary of Fund Balances Internal Service Funds Stores Fund Budget Budget 11 12 Personnel $ 848,567 $ 877,541 Operating $2,346,163 $3,091,409 Total $3,194,730 $3,968,950 FTE’s FY11 FY12 21 20 City of Corpus Christi 4 •Includes the elimination of an Administrative Assistant position that is currently vacant •Implement an electronic procurement program that will assist staff with routine tasks associated with the procurement process, help with the development of the Request for Proposal (RFP) packages, posting the RFP on the Web notifying bidders of the opportunity to bid or propose on the project, and the receipt of electronic bids/proposals. This program is offered by Public Procurement.com and the costs for the above services are at no charge to the City or the bidder/proposer •Continue to utilize the Industrial type of warehouse operations which is modeled to only stock items that are available from industrial suppliers and/or items that are not readily available for immediate delivery to continue to reduce the daily inventory Maintenance Services Fund Budget Budget 11 12 Personnel $3,955,856 $3,642,115 Operating $12,578,096 $13,201,260 Capital $2,350,059 $2,567,500 Total $18,884,011 $19,410,875 FTE’s FY11 FY12 84 77 City of Corpus Christi 5 •7 FTE’s decreased: (1) Management Aide due to payroll consolidation; (1) Painter; (1) Management Aide; (1) Journeyman Painter; (1) Architect; (1) Custodial Worker; and (1) Maintenance Painter due to proposed budget reduction. •Budget funds privatization efforts and eliminates the City Hall Pool. •The Capital Replacement Program and Capital Outlay Program continued to be funded. Municipal Information Systems Fund Budget Budget 11 12 Personnel $6,144,496 $5,899,878 Operating $8,023,378 $7,131,062 Capital $ 25,000 $ 25,000 Total $14,192,874 $13,055,940 FTE’s FY11 FY12 98 94 City of Corpus Christi 6 •Includes the elimination of four (4) FTE’s comprised of an IT Team Coordinator, a Technical Specialist, an Application Specialist, and a Functional Analyst currently vacant •Complete outsourcing of electronic mail •Develop a strategic technology plan •Implement recommendations from technology assessment •Continue to automate and improve internal processes •Continue to assist City departments in cost reduction and optimization efforts •Continue to pursue strategic privatization opportunities Engineering Services Fund Budget Budget 11 12 Personnel $3,684,888 $3,678,079 Operating $ 578,168 $ 471,169 Total $4,263,056 $4,149,248 FTE’s FY11 FY12 61 58 City of Corpus Christi 7 •Have all Bond 2008 projects either under construction or completed by the end of FY 2011-12 •Execute over 90% of the Capital Budget as approved by the end of the fiscal year. •Maintain the change order percentage of total contract value of under 3% with no individual contracts having a change order value of greater than 10% of the original contract •Less than 15% of Capital Projects classified as "red" for either schedule or budget on each month's Project Status reports •Completion of the Primavera and PeopleSoft integration with real time metrics and tracking capability •Complete the integration of Environmental Services into the Engineering Department •Continue the Energy Conservation efforts in City Facilities and Lighting projects •Continue to maintain the baseline services required within staff while using locally available service providers to meet the peak demand requirements City of Corpus Christi 8 Fund Projected Fund Balance @ 8.1.11 Budget Revenues Budget Expenditures Projected Fund Balance @ 7.31.12 Reserved Fire $140,452 $6,341,657 $6,263,250 $218,859 $6,729,304 Public Safety 7,646,132 5,886,885 5,835,424 7,697,593 5,197,294 Group Health 10,383,608 16,639,788 16,254,757 10,768,639 13,205,150 Gen Liability 10,324,436 6,130,893 6,273,695 10,181,634 6,988,919 Workers’ Comp 8,018,419 3,169,797 3,163,675 8,024,541 7,116,598 Risk Mgt Admin 197,651 1,386,420 1,428,734 155,337 0 Other Ins Benefits 116,101 1,730,580 1,772,000 74,681 0 Total $36,826,799 $41,286,020 $40,991,535 $37,121,284 $39,237,265 *Commitment of fund balance is to maintain fund balance reserve policy requirement (i.e. catastrophic, Incurred But Not Reported.) Risk Management Fund Balances Health Insurance –Active Employees •Citicare –No increase •Citicare Premium –13% increase to total premium •Citicare Fire –6% increase to total premium •Citicare Public Safety –No increase 9City of Corpus Christi Health Insurance –Retirees •Citicare –8% increase •Citicare Premium –21% increase •Citicare Fire –6% increase •Citicare Public Safety –No increase 10City of Corpus Christi Citicare –Fire Health Plan Budget Budget 11 12 Third Party Admin $ 206,687 $ 204,438 Health Plan Claims $ 5,807,146 $ 5,785,862 Stop Loss Premium $ 315,449 $ 272,950 Total $ 6,329,282 $ 6,263,250 City of Corpus Christi 11 •Premiums are based on actuarial forecasts and ability of fund to offset projected increases •6% increase in the premium for active employees and retirees •Fire contract is currently being negotiated 3% 93% 4% Third Party Admin Health Plan Claims Stop Loss Premium Citicare –Public Safety Health Plan Budget Budget 11 12 Third Party Admin $ 250,936 $ 234,944 Health Plan Claims $ 5,604,362 $ 5,286,717 Stop Loss Premium $ 382,985 $ 313,763 Total $ 6,238,283 $ 5,835,424 City of Corpus Christi 12 •Premiums are based on actuarial forecasts and ability of fund to offset projected increases •No increase in premium for active employees or retirees •Reduction in projected prescription RX costs due to plan changes that encourage the use of generics in lieu of expensive brand name products, and a mail order system that reduces costs for the members and the plan 4% 91% 5% Third Party Admin Health Plan Claims Stop Loss Premium Citicare –Civilian Health Plans Budget Budget 11 12 Third Party Admin $ 889,711 $ 854,467 Health Plan Claims $ 15,587,323 $ 14,268,602 Stop Loss Premium $ 1,377,670 $ 1,131,688 Operating Trfr Out $ (338,860)$ 0 Total $17,515,844 $ 16,254,757 City of Corpus Christi 13 •FY 2011 Operating Transfer Out is due to the separation of Fire and Public Safety Health Plans from the Group Health Fund •Civilian health plans have been changed in order to encourage more cost-conscience participant behavior, causing a decrease in the anticipated claims cost projected by the actuary 5% 88% 7% Third Party Admin Health Plan Claims Stop Loss Premium Liability & Employee Benefits General Liability Budget Budget 11 12 Self Ins & Prop Claims $2,831,584 $2,660,618 Ins Policy Premiums $ 2,834,869 $2,757,677 Unemployment Comp $ 480,000 $ 360,000 Occupational Health & Other $ 345,400 $ 495,400 Total $6,491,853 $6,273,695 City of Corpus Christi 14 •Self Insurance claims expenses are projected by an actuarial analysis •Insurance Policy Premiums decreased due to aggressive negotiations with broker, on-going favorable claims experience, and a soft insurance market. •Property Damage Claims created to cover repair costs that do not meet our property deductible 42% 44% 6%8%Self Insurance & Property Claims Insurance Policy Premiums Unemployment Compensation Occupational Health & Other Liability & Employee Benefits Worker’ Compensation Budget Budget 11 12 Excess Liability $ 172,009 $ 170,000 Third Party Admin $ 331,720 $ 343,300 Work Comp-Self Ins $ 2,807,459 $ 2,579,375 Other $ 67,000 $ 71,000 Total $ 3,378,188 $ 3,163,675 City of Corpus Christi 15 •Claims costs are projected by an actuary based on current and prior year claims experience •Reduction in projected claims costs due to diligent claims management, successful return-to-work programs, on-going claim reviews and increased safety awareness •Consolidation of the Safety Coordinators under Risk Management has resulted in improved communications with City Departments, increased safety training, and a pro-active approach to injury prevention 5%11% 82% 2%Excess Liability Third Party Admin Worker's Comp Self Ins Other Risk Management Administration Budget Budget 11 12 Personnel $ 829,002 $ 1,024,569 Operating $ 210,193 $ 208,193 Total $1,039,195 $ 1,232,762 FTE’s FY11 FY12 20 19 City of Corpus Christi 16 •Provide more effective and efficient safety training, site inspections, and promotion of safe practices in the workplace through the consolidation of five (5) Safety Coordinators under Risk Management. Also included is the elimination of one (1) FTE for an Insurance/Benefits Analyst currently vacant. •Benefits Analysts will continue their campaign to reach out to and educate all City employees about their health plans and other benefit options in an effort to promote more cost-conscious behaviors and to reduce plan costs to both the employee and the City •Ensure safer work environments and control claims expenses through diligent workers compensation claims management, successful return-to-work programs, on-going claim reviews, and increased safety awareness. •Encourage participation of the on-site Health and Wellness Clinic located at City Hall which provides cost saving services to employees participating in the City’s health insurance plans Liability & Employee Benefits Other Insurance Benefits Budget Budget 11 12 Prof Svs & Act Study $ 285,000 $ 285,000 Dental Claims & TPA $ 707,000 $ 707,000 Cafeteria Plan $ 30,000 $ 35,000 Disability & Life Ins $ 255,000 $ 245,000 Employee Safety $ 100,000 $ 100,000 Wellness Clinic $ 0 $ 400,000 Total $1,377,000 $1,772,000 City of Corpus Christi 17 •On-site Health and Wellness Clinic located at City Hall which provides cost saving services to the City and employees participating in the City’s health insurance plans •No significant increases or decreases in all other cost categories 16% 40% 2% 14% 6% 22%Prof Svs & Actuarial Study Dental Claims & TPA Cafeteria Plan Disability & Life Ins Employee Safety 18City of Corpus Christi SPECIAL REVENUE FUNDS Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital. Summary of Fund Balances Special Revenue Funds 19City of Corpus Christi Fund Projected Fund Balance @ 8.1.11 Budget Revenues Budget Expenditures Projected Fund Balance @ 7.31.12 Hotel Occupancy Tax $708,170 $10,422,050 $10,366,857 $763,363 Red Light Photo Enforcement (75,348)2,567,563 2,116,826 375,389 Reinvestment Zone No. 2 (Packery ) 6,844,080 3,119,565 2,352,279 7,651,366 Reinvestment Zone No. 3 177,050 125,234 0 302,284 Seawall Improvement 20,527,808 5,737,942 3,398,463 22,867,287 Arena Facility 11,072,164 5,716,920 4,459,690 12,329,394 Business/Job Development 8,824,075 5,719,570 3,868,945 10,674,700 Development Services 290,297 6,025,174 6,027,229 228,242 Visitors Facilities (840,796)8,987,007 8,719,424 (573,213) LEPC 29,626 96,188 94,740 31,074 Crime Control 1,900,471 5,462,211 5,311,145 2,051,537 Total $49,497,597 $53,979,424 $46,715,598 $56,761,423 Hotel Occupancy Fund •Proposed budget reflects revenue at 1% over current year projections •Transfer to Visitors’ Fund remains level at $3.2M •$100,000 budgeted for Convention Center maintenance •$160,000 budgeted for qualifying Museum and Parks and Recreation expenses (i.e. Texas Amateur Athletic Federation Games) •Only arts group funding proposed is $103,935 for loan payments to replace roofs on City-owned buildings •Increase CVB funding from $2,436,122 to $3,175,044 per contract •Beach cleaning funding includes $127,000 in replacement equipment (3 pickups, 4 all-terrain vehicles). Funding is essentially flat, otherwise. 20City of Corpus Christi Red Light Photo EnforcementFund •Implement a new program that will enhance the collection of delinquent citations •Provide $100,000 for the re-design of the School Crossing Guard program •Provide $130,000 for traffic safety related improvements or enhancements 21City of Corpus Christi Budget Budget 11 12 Personnel $ 322,511 $ 217,966 Operating $ 910,514 $ 1,830,328 Capital $ 0 $ 30,000 Total $ 1,233,025 $ 2,078,294 FTE’s FY11 FY12 2 2 Reinvestment Zone #2 (Packery Channel) & #3 (Downtown Area) Funds •Packery Channel Tax Increment Financing (TIF) includes $125,204 funding for Packery Patrol Operations and a minimal amount of $1,000,000 for Packery projects. Additional funds for Packery projects will be appropriated as needed •No expenditures are budgeted for Downtown TIF •Projected fund balance of Downtown TIF at the end of FY 2012 is $302,284 22City of Corpus Christi Seawall Improvement and Arena Facility Funds •$4M fund balance commitment on Seawall Improvement Fund has not been formally approved by Council. It was approved by Type A Board in March 2009. •Continued funding of $150,000 in Arena Facility Fund for Arena maintenance and repairs. 23City of Corpus Christi Business/Job Development Fund •$500,000 for Affordable Housing •$950,000 for Small Business Projects •Major Business Incentive Projects will be appropriated when City Council approves the project 24City of Corpus Christi Development Services Fund •General Fund subsidy was decreased from $959,496 to $903,948 •Progressing into year two of a three year plan which was introduced in FY 2011 to help the department become sustainable. Fee structures will be simplified and brought in line with other cities comparable in composition. •Continuation of the review for Cost of Service implementation strategies with stakeholder groups progressing towards reaching self sustainability in year 3, or FY2013 25City of Corpus Christi Budget Budget 11 12 Personnel $3,499,616 $3,651,045 Operating $ 410,656 $ 570,376 Total $3,910,272 $4,221,421 FTE’s FY11 FY12 60 60 Visitors Facilities’ Fund •FY 2012 marks the third year of contract with SMG to manage the American Bank Center. The Agreement with SMG states that immediately following the third year, the City shall solicit and entertain proposals to operate and manage the facility •HOT Fund reimbursement proposed to stay level at $3.2M •Additional $150,000 set aside in FY 2012 for Arena capital 26City of Corpus Christi FTE’s FY11 FY12 10 10 Local Emergency Planning Committee Fund •Conduct two (2) full scale drills for the City and County •Make 75 presentations to schools and various organizations •Update communication tools •Generate $25,000 in grant funds to provide more safety kits for schools •Evaluate new venues for advertisement opportunities 27City of Corpus Christi Budget Budget 11 12 Personnel $ 56,107 $ 55,776 Operating $ 25,652 $ 29,076 Capital $ 28,000 $ 0 Total $109,759 $ 84,852 FTE’s FY11 FY12 1 1 Crime Control District Fund •Includes the transfer of the Graffiti Coordinator position to the General Fund –Police Administration Department. As a result of this proposed revenues and expenditures will decrease by $63,080 (page 106). •Funding of fifty (50) Police Officers •Funding of the Pawn Shop Detail, the Juvenile Assessment Center, and the Juvenile City Marshals •Funding the purchase of five (5) replacement police package vehicles 28City of Corpus Christi Budget Budget 11 12 Personnel $ 4,083,540 $ 4,035,666 Operating $ 431,400 $ 444,979 Capital $ 137,500 $ 142,500 Total $ 4,652,440 $ 4,623,145 FTE’s FY11 FY12 65.6 64.6 29City of Corpus Christi DEBT SERVICE FUNDS Used to account for the accumulation of resources for, and the payment of, general long-term debt principal and interest. 30City of Corpus Christi Revenue Description Budget 2011 %Budget 2012 % Ad Valorem Taxes $25,935,928 27%$26,213,570 28% Agency Contributions 648,879 1%626,545 1% Interest 107,796 0%92,178 0% Transfer from Other Funds 67,472,263 72%67,143,155 71% Totals $94,164,866 100%$94,075,448 100% Debt Service Funds –Major Revenues On a percentage basis, the above chart reveals little change in funding sources from FY 2010. However there are two important areas to note: •The General Obligation Debt Service Fund Balance is absorbing about $950K of the General Fund Landfill Debt Service; and •Transfers for Debt Service Reserve increased by over $900k from FY 2011 due mostly to coverage requirements given that municipal bond insurance is not being carried on recently issued revenue bonds. 31City of Corpus Christi As shown in the adjacent graphs, overall debt service expenditure levels appear to be leveling off notwithstanding the general upward trends in capital borrowings. This is mostly a function of: 1) lower market interest rates; and 2) extended utility debt durations. While this approach does provide short- term relief, the long-term impact results in higher cumulative debt service expenditures over the life of the issue. The following slide breaks out these slides into major categories, respectively. $0 $20 $40 $60 $80 $100 $120 2007 2008 2009 2010 2011 2012 Mi l l i o n s Annual Debt Service per Debt Service Funds -Overall $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 2007 2008 2009 2010 2011 2012 Mi l l i o n s Total Principal Balances -Overall Note: The above graph reflected the estimated debt overall debt as of 7.31 for the preceding year. The split between the lines at FY 2012 is illustrative of the estimated existing debt (blue line) vs. the additional $99M expected to be issued subsequent to 7.31.11.Please note the continued reliance on borrowed funds capital. 32City of Corpus Christi These slides break down the debt service and principal balances into major categories. Revenue Bonds account for the bulk of trends and note the continued, and increasing, reliance on Revenue Bonds not only to support G.O. Bond Street projects but also Utility-only projects. Again, revenue bond debt service is repaid through utility rates. $0 $10 $20 $30 $40 $50 $60 $70 2007 2008 2009 2010 2011 2012 Mi l l i o n s Debt Service Funds Expenditures -Major Categories General Obligation Revenue Bond Airport $0 $500 $1,000 2007 2008 2009 2010 2011 2012 Mi l l i o n s Total Principal Balances -Major Categories Current General Obligation Current Revenue Bond Airport Other Obligations General Obligation with new debt Revenue Bonds with new debt Fiscal Year 2011-12 Proposed Budget The remaining schedule is as follows: •June 24 –Special Budget discussion •June 28 –Public Hearing •July 12 –First Reading of Adoption Ordinance •July 19 –Second Reading of Adoption Ordinance •To be determined –Receipt of Certified Tax Roll •To be determined –Adoption of Tax Rate 33City of Corpus Christi QUESTIONS? 34City of Corpus Christi 14 CITY COUNCIL MEMORANDUM City Council Action Date: June 21. 2011 AGENDA ITEM: Ordinance canvassing returns and declaring the results of the Runoff Election held on June 18, 2011, in the City of Corpus Christi, Texas for the purpose of electing Council Member District Three. ISSUE: In order to canvass the results, the City Council must compare precinct reports provided to the Mayor by the precinct election judges to the tabulation reports provided by our office. The council has the option to review all precincts or randomly select a few. Once the council is satisfied that the results are accurate the canvass is completed. REQUIRED COUNCIL ACTION: Approval of the ordinance as presented. Armando Chapa City Secretary (361) 826-3105 armando cna,cctexas. co m -1 9 9- AN ORDINANCE CANVASSING RETURNS AND DECLARING THE RESULTS OF THE RUNOFF ELECTION HELD ON JUNE 18, 2011, IN THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF ELECTING COUNCIL MEMBER DISTRICT THREE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council of the City of Corpus Christi ordered and called a Runoff Election for the election of Council Member District Three. WHEREAS, notice of said election was given as required by law; WHEREAS, said election was duly held on thel8th day of June, 2011, in conformity with the election laws of the State of Texas, and the results of said election have been certified and returned by the judges and clerks thereof; and WHEREAS, the Council has today canvassed the returns of said election; and WHEREAS, the Council finds that the said election was in all respects lawfully held and that the City Secretary's tally and certification of results to the Council are correct: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The tally of votes cast in the runoff election held on the 18th day of June 2011 for Council Member District Three be made and certified to by the City Secretary of the City of Corpus Christi, a copy of which is attached hereto and made a part hereof, and the same is hereby adopted as the official tabulation of the votes cast at said election, for each candidate and in each precinct and in sum, and that said tabulation be filed and recorded in the official records of the City of Corpus Christi as the official canvass of said election. SECTION 2. The results of such canvass are declared to be: That the following was duly elected: Council Member District Three 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 judgement of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. —200— SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of June, 2011. ATTEST: Armando Chapa City Secretary Approved: day of June, 2011 Carlos Valdez City Attorney The City of Corpus Christi Joe Adame Mayor —201— 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 —202—