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HomeMy WebLinkAboutAgenda Packet City Council - 07/19/201111:45 A.M. - Proclamation declaring the week of July 24-30, 2011 as "Lacrosse Week" Swearing-in Ceremony of newly appointed Board, Commission and Committee Members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 19,2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p,m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un 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. Invocation to be given by Pastor Mark Montgomery, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Larry Elizondo, Sr. B. Council Members: Chris N. Adler Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting July 19, 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 July 12, 2011. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Animal Control Advisory Committee * Corpus Christi Convention and Visitors Bureau * Corpus Christi Downtown Management District * Watershore and Beach Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Motion approving the purchase, configuration and installation of a laboratory information management system (LiMs) with Perkin Elmer Health Sciences, Inc., of Shelton, CT for the Water Department Laboratory, in accordance with Request for Agenda Regular Council Meeting July 19, 2011 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Proposal BI -0050-11, based on best value, for a total amount of $109,256. Funds have been budgeted by the Water Department in FY 2010-2011. (Attachment # 3) 4. Motion approving the lease purchase of eight (8) pickup trucks and the purchase of ten (10) pickup trucks, four (4) cargo vans, one (1) sport utility vehicle, and two (2) heavy duty trucks in the amount of $539,195. The vehicles are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI -0151-11, based on low bid and low bid meeting specifications. All 25 vehicles are replacement units to the fleet. These vehicles will be used by Solid Waste, Streets, Gas, Water, Storm Water and Wastewater Departments. Funding for the purchase of the vehicles is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease purchase of the pickup trucks will be provided through the City's lease/purchase financing contractor. (Attachment # 4) Champion Ford Corpus Christi, TX Items: 1-10 $497,924 Grand Total: $539,195 Access Ford Corpus Christi, TX item: 11 $41,271 5. Motion approving the lease purchase of five (5) heavy trucks and the purchase of eight (8) heavy trucks in the amount of $1,528,225. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI -0166-11, based on low bid. All 13 heavy trucks are replacement units to the fleet. These heavy trucks will be used by Gas, Solid Waste, Storm Water, Street and Wastewater Departments. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease purchase of the vehicles will be provided through the City's lease/purchase financing contractor. (Attachment # 5) Corpus Christi Freightliner Corpus Christi, TX Items: 1-5 $598,450 Santex Truck Center LTD San Antonio, TX Items: 6-8 $415,227 Grand Total: $1,528,225 Rush Truck Center San Antonio, TX Items: 9-10 $514,548 Agenda Regular Council Meeting July 19, 2011 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6. Motion approving the purchase and installation of a 385 horsepower Diesel Industrial Engine from Holt Texas, LTD, of San Antonio, Texas, based on only bid, in accordance with Bid Invitation No. BI -0160-11 for a total amount of $201,300. This engine will replace an existing engine that has reached its service life. Funds are available in the FY 2010/2011 operations budget of the Storm Water Department. (Attachment # 6) 7. a. Motion approving the purchase of playground equipment from T.F. Harper & Associates LP, of Austin, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $63,130.68. The purchase is for new and replacement park equipment for Solar Estates, Woodlawn, John Jones, Claremont, Lincoln, and Sands parks. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 08) CIP Fund. (Attachment # 7) b. Motion approving the purchase and installation of three PlayWorld Challenger play structures and ground coverings from The Playwell Group, Inc., of Dallas, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $109,000.95. The play structures and ground coverings are for Lincoln, Solar Estates, and Hans and Pat Suter Wildlife parks. Funding is budgeted and available in the Parks and Recreation 2008 Tax Note CIP and 2010 General Obligation (Bond 08) CIP Funds. (Attachment # 7) 8. Motion approving the purchase of a dredge machine from SRS Crissafulli, Inc., of Glendive, Montana in accordance with Bid Invitation No. BI -0170-11, based on low bid meeting specifications, for a total amount of $204,800. The equipment will be used at the O.N. Stevens Water Treatment Plant, Funds have been budgeted by the Water Department in FY2010-2011. (Attachment # 8) 9. a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Agenda Regular Council Meeting July 19, 2011 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Department for Year 11 with a City cash match of $441,505, in-kind match of $14,019, and program income match of $9,224, for a total project cost of $857,222 and to execute all related documents. (Attachment # 9) b. Ordinance appropriating $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. (Attachment # 9) 10. Resolution authorizing the City Manager or designee to submit a grant application in the amount of $35,500 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2012 Hazardous Materials Emergency Preparedness (HMEP) Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a hazardous material response capability assessment, and to conduct two emergency response exercises, with a hard match of $7,100, and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment # 10) 11. Ordinance appropriating $41,000 in Fund No. 4611 Airport Capital Reserve Fund, authorizing the transfer of $41,000 to and appropriating in Fund No. 4610 Airport Fund to fund capital expenditures at the Corpus Christi International Airport and changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and appropriations by $41,000 each. (Attachment if 11) 12. Ordinance appropriating $85,000 in the No. 1020 General Fund from additional revenues to be received from the Utilities departments for street cut repairs; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and appropriations by $85,000 each. (Attachment # 12) 13. a. Motion authorizing the City Manager to accept $3,500 in donations from various local organizations for expenses incurred in relation to the City Manager's Welcome Reception on May 4, 2011. (Attachment # 13) Agenda Regular Council Meeting July 19, 2011 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) b. Ordinance appropriating $3,500 in donations in the No. 1020 General Fund for expenses incurred in relation to the City Manager's Welcome Reception on May 4, 2011; changing FY 2010-2011 Operating Budget adopted by Ordinance No. 28683 by increasing revenues and expenditures by $3,500 each. (Attachment # 13) 14. First Reading Ordinance - Authorizing City Manager or designee to execute a 14 year lease agreement (with an option to renew for an additional 10 years at City Council's discretion) with the Padre Island Yacht Club that supersedes the current 10 year lease that expires on July 11, 2015. (Attachment # 14) 15. Second Reading Ordinance - Appropriating $42,106 from the Texas Historical Commission ($35,000 of which is contingent upon future funding by the Texas Legislature) in the No. 1069 Museum Grants Fund for the complete reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History, (First Reading — 07112111) (Attachment # 15) I, EXECUTIVE SESSIONS: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. * 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. * Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorney regarding contemplated litigation involving municipal solid waste services contracts. Agenda Regular Council Meeting July 19, 2011 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) * Executive session pursuant to Section 551.071(1)(A) to consult with attorney regarding Cause No. SA 06 CA 0381 OG, styled The City of San Antonio and All Other Similarly Situated Texas Cities v. HoteLcom, et al, in the Federal District Court, Western District of Texas, San Antonio Division. * Executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment and duties of the City Auditor. CAPITAL BUDGET: 16. Second Reading Ordinance — Approving the FY 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500. (First Reading — 07/12/11) (Attachment # 16) J. SPECIAL BUDGET CONSIDERATION ITEMS: 17. a. First Reading Ordinance — Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2011; to be filed with the County Clerk; appropriating monies as provided in the budget. (Tabled on 07/12/11) (Attachment # 17) b. First Reading Ordinance — To ratify increase of $2,268,875 in property tax revenues from last year's operating budget as reflected in the 2011-2012 Operating Budget. (Tabled on 07/12/11) (Attachment # 17) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39, PERSONNEL: 18. First Reading Ordinance - Amending Code Of Ordinances, Chapter 39, Personnel, Article 111 Employee Compensation And Classification System, to revise Section 39-303 by deleting provision to maintain 5% differential above employees supervised by select positions in Pay Plan 400; to revise Section 39-304 by adding City Auditor's Office; to revise Sections 39-329, 39-332, 39-345, and 39-347 regarding vacation leave; to revise Sections 39-340 and 39-354 regarding sick leave; to revise Section 39-366 by adding personal leave hours are not paid out at termination; repealing all other Agenda Regular Council Meeting July 19, 2011 Page 8 19.. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date. (Tabled on 07/12/11) (Attachment # 18) PROPOSED FEE/RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2011-2012 BUDGET: a. First Reading Ordinance - Amending Sections 55-50, 55-54, and 55-56, Code of Ordinances, City of Corpus Christi, regarding water rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (Tabled on 07/12/11) (Attachment # 19) b. First Reading Ordinance - Amending Sections 12-108, Code of Ordinances, City of Corpus Christi, regarding Sunrise Beach recreation site rates for Fiscal Year 2011-2012; providing an effective date; and providing for publication. (Tabled on 07/12/11) (Attachment # 19) c. First Reading Ordinance -- Revising the title of Article VII, Chapter 55, Code of Ordinances; amending Section 55-100, Code of Ordinances, City of Corpus Christi, setting the wastewater rates for Fiscal Year 2011-2012; establishing the procedures for the Fiscal Year 2011-2012 of the wastewater rates; providing an effective date; and providing for publication. (Tabled on 07/12/11) (Attachment # 19) d. Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure Time Activities rental and recreational fees; adding new Rental Fees and Recreational Fees for Fiscal Year 2011-2012; providing for publication; and providing for effective date. (Tabled on 07/12/11) (Attachment # 19) e. First Reading Ordinance - Amending Section 2-79 of the Code of Ordinances, by authorizing an annual nonresident Library Fee; providing an effective date; and providing for publication. (Tabled on 07/12/11) (Attachment # 19) Agenda Regular Council Meeting July 19, 2011 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. PUBLIC HEARINGS: ZONING CASES: 20. Case No. 0611-01, Port of Corous Christi Authority: A change of zoning from the "RS -6" Single -Family 6 District ("R -1B" One - family Dwelling District) to the "IH" Heavy Industrial District ("I-3" Heavy Industrial District). The property to be rezoned is described as approximately two (2) tracts, totaling approximately 144.93 acres, of submerged land owner by the Port of Corpus Christi Authority, abutting to the south end of the former Ingleside Naval Base and along the Corpus Christi Ship Channel. (Attachment # 20) Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the "RS -6" Single -Family 6 District to the "IH" Heavy Industrial District. ORDINANCE Amending the Unified Development Code, upon application by Port of Corpus Christi Authority, by changing the UDC Zoning Map in reference to two (2) tracts, totaling approximately 144.93 acres, of submerged land owned by the Port of Corpus Christi Authority, abutting to the south end of the former Ingleside Naval Base and along the Corpus Christi Ship Channel, from the "RS -6" Single -Family 6 District (formerly "R -1B" One -family Dwelling District) to the "IH" Heavy Industrial. District (formerly "I- 3" Heavy Industrial District); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 21. Case No. 0611-02, Peter Jon Roel: A change of zoning from the RS -6 Single -Family 6 District ("R-1 B" One -family Dwelling District) to the "CN -1" Neighborhood Commercial District ("B-1" Neighborhood Business District). The property to be rezoned is described as Montrose Park Addition, Block 7, Lot 2, located at the southeast corner of the intersection of Duncan Street and Ruth Street. (Attachment # 21) Agenda Regular Council Meeting July 19, 2011 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission's and Staffs Recommendation: Approval of the applicant's request for a change in zoning from the RS -6 Single -Family 6 District ("R -1B" One -family Dwelling District) to the "CN -1" Neighborhood Commercial District ("B-1" Neighborhood Business District). ORDINANCE Amending the Unified Development Code, upon application by Peter Jon Roel, on behalf of Peter Jon Roel & Associates, LLC by changing the UDC Zoning Map in reference to Montrose Park Addition, Block 7, Lot 2, located at the southeast corner of the intersection of Duncan Street and Ruth Street, from the "RS - 6" Single -Family 6 District (formerly "R -1B" One -family Dwelling District) to the "CN -1" Neighborhood Commercial District (formerly "B-1" Neighborhood Business District); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Pian; providing a repealer clause; providing a penalty; providing for publication. 22. Case No. 0611-03, Jack Martin: A change of zoning from the RS -6/I0 Single -Family 6 District with an Island Overlay ("R - 1B/10" One -family Dwelling District with an Island Overlay) to the RM-AT/I0 Multifamily AT District with an Island Overlay ("AT/lO" Apartment Tourist District with an Island Overlay). The property to be rezoned is described as Padre Island -Corpus Christi Section E, Block 2, Lot 10, located at the southeast corner of the intersection of Aruba Drive and Running Light Drive. (Attachment # 22) Planning Commission's and Staff's Recommendation: Approval of the applicant's request for a change in zoning from the RS - 6/10 Single -Family 6 District with an Island Overlay ("R -1B/10" One -family Dwelling District with an Island Overlay) to the RM- AT/10 Multifamily AT District with an Island Overlay ("AT/IO" Apartment Tourist District with an Island Overlay). ORDINANCE Amending the Unified Development Code, upon application by Jack Martin, by changing the UDC Zoning Map in reference to Padre Island — Corpus Christi Section E, Block 2, Lot 10, located at the southeast corner of the intersection of Aruba Drive and Running Light Drive, from the "RS -6/10" Single -Family 6 District with an Island Overlay (formerly "R -1B/10" One -family Agenda Regular Council Meeting July 19, 2011 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Dwelling District with an Island Overlay) to the "RM-AT/l0 Multifamily AT District with an Island Overlay (formerly "AT/IO" Apartment Tourist District with an Island Overlay); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 23. Case No. 0611-04, Diane McGroartv: A change of zoning from the "RS=6/10" Single -Family 6 District with an Island Overlay ("R -1B/10" B/I0" One -family Dwelling District with an Island Overlay) to the "RM-AT/IO" Multifamily AT District with an Island Overlay ("AT/IO" Apartment Tourist District with an Island Overlay). The property to be rezoned is described as Padre Island -Corpus Christi Section E, Block 2, Lot 11, located at the southwest corner of Leeward Drive and Running Light Drive. (Attachment # 23) Planning Commission's and Staffs Recommendation: Approval of the applicant's request for a change in zoning from the RS - 6/10 Single -Family 6 District with an Island Overlay ("R-1 B/I0" One -family Dwelling District with an Island Overlay) to the RM- AT/IO Multifamily AT District with an Island Overlay ("AT/10" Apartment Tourist District with an Island Overlay). ORDINANCE Amending the Unified Development Code, upon application by Diane McGroarty, by changing the UDC Zoning Map in reference to Padre Island — Corpus Christi Section E, Block 2, Lot 11, located at the southwest corner of the intersection of Running Light Drive and Leeward Drive, from the "RS -6/10" Single -Family 6 District with an Island Overlay (formerly "R- 1 B/IO" One -family Dwelling District with an Island Overlay) to the "RM-AT/IO" Multifamily AT District with an Island Overlay (formerly "AT/IO" Apartment Tourist District with an Island Overlay); amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. SPECIAL PERMIT EXTENSION: 24. Case No. 0610-01, Ralph and Irma Rivera: Motion to consider a one-year time extension of a Special Permit (SP) to July 20, 2012 to allow for the continued use of property located at 621 Mohawk Street as a vehicle storage facility, and to consider that Agenda Regular Council Meeting July 19, 2011 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) the requirement at SP Condition 2 of 7 that an eight (8) foot screening fence be placed along the south property line shared with the one -family dwelling district, be reduced to require a six (6) foot screening fence as must be installed surrounding the remaining perimeter of the property. (Attachment # 24) L. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 25. a. Motion to amend prior to Second Reading Section 1 of the Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53, Traffic, Parking Meters, Parking Pay Stations and Parking Advisory Committee passed on first reading on July 12, 2011, by revising Section 53-196. (Attachment # 25) b. Second Reading Ordinance — Amending Chapter 53, Traffic, Article I. Definition, Article II. Administration, Article VI. Standing and Parking and Article VIII. Schedules of the Corpus Christi Code of Ordinances, by revising various sections in said articles to provide additional definition; to create and expand Parking Enforcement Officer duties; to provide installation of parking meters and pay stations; to provide paid parking spaces and zones and location; to provide time limits on paid parking spaces and zones; to provide fee and exemptions; to provide parking citation for parking violation; to establish Parking Advisory Committee; to establish parking zone and rate; to provide for penalties; to provide for publication; to provide for a repealer clause;. and to provide an effective date of August 1, 2011. (First Reading — 07/12/11) (Attachment # 25) 26. Second Reading Ordinance — Amending Chapter 53, Traffic, Article III. Enforcement and Compliance, and Article VI, Standing and Parking of the Corpus Christi Code of Ordinances, by revising various sections in said articles to make stopping, standing and parking violation a civil offense; to provide for civil penalties; to create parking improvement fund; to provide parking citation as notice of administrative adjudication hearing and create failure to answer citation an admission of liability; to provide Texas Department of Motor Vehicle's record as prima facie evidence and presumption owner as violator; to provide an Agenda Regular Council Meeting July 19, 2011 Page 13 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) increase in immobilization fee; to create an office of administrative hearings and appoint hearing officertoconduct administrative adjudication hearing; to provide an appeal and enforcement of hearing officer's finding; to provide impoundment and immobilization of motor vehicle for unpaid parking citations; to create violations to provide for penalties; to provide for publication; to provide for a repealer clause; and to provide for effective date of October 1, 2011. (First Reading — 07/12/11) (Attachment # 26) 27. Motion authorizing the City Manager or designee to negotiate and execute a contract with Aviation Management Consulting Group, in the amount of $49,500 for the completion of the assigned scope of work for a facilities and land appraisal. (Attachment # 27) 28. Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with Texas Sterling Construction Company of Houston, Texas in the amount of $216,100.85 for the Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook. (BOND ISSUE 2008) (Attachment # 28) 29. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. (Postponed on 06/28/11) (Attachment # 29) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 30. 82nd State Legislative Session — End of Session Report (Attachment # 30) 31. Update on Proposed Ordinance for City Auditor (Attachment # 31) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A Agenda Regular Council Meeting July 19, 2011 Page 14 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: * Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin fboard at the front entrance to City Hall, 1201 Leopard Street, at :(5 p.m., on July 14, 2011. JIM'SCA CO 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 lie 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 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 12, 2011 - 12:00 p.m. PRESENT Mayor Pro Tem Larry Elizondo, Sr. Council Members: Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott ABSENT Mayor Joe Adame Chris Adler City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Pro Tem Elizondo called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Rick Barrera with Cornerstone Church and the Pledge of Allegiance to the United States flag was led by Council Member Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Pro Tem Elizondo called for approval of the minutes of the regular Council meeting of June 28, 2011 and Special meeting of June 24, 2011. A motion was made and passed to approve the minutes as presented. ************ Mayor Pro Tem Elizondo referred to Item 2 and the following board appointments were made: Cable Communications Commission Leo Estrada (Reappointed) i nna Garcia (Appointed) Drew Reining (Appointed) C.C. Business & Job Development Corp. Butch Escobedo (Reappointed) Robert Bryan Gulley, DDS (Appointed) Planning Commission Mark Adame (Reappointed) Marco Castillo (Appointed) Gabriel Guerra (Appointed) —1— Coastal Bend Council of Governments Rudy Garza (Reappointed) Bill Hennings (Reappointed) Oscar Martinez (Appointed as Regular Member) Richie Quintero (Appointed) Ron Olson (Appointed) Armando Chapa (Reappointed, Alternate) Pat Eldridge (Reappointed, Alternate) Lawrence Mikolajczyk (Reappointed, Alternate) Margie Rose (Appointed, Alternate) Mayor Joe Adame (Reappointed) Council Member Larry Elizondo (Reappointed) Council Member Mark Scott (Reappointed) Council Member John Marez (Appointed) Minutes — Regular Council Meeting July 12, 2011 — Page 2 Retired & Senior Volunteer Program Advisory Committee Mildred McDonel (Reappointed) Senior Companion Program Advisory Committee Apolonia P. Cantu (Reappointed) Shirley A. Selz (Reappointed) ***** * * * * * ** Mayor Pro Tem Elizondo called for consideration of the consent agenda (Items 3 - 16). Mr. Abel Alonzo requested that Item 13 be pulled for individual consideration. Council Member Martinez requested that Item 8 be pulled for individual consideration. City Secretary Chapa announced that Item 12.b. is listed as an emergency ordinance but will be read on two readings. City Secretary Chapa polled the Council for their votes as follows: 3.a. MOTION NO. 2011-143 Motion authorizing the City Manager or designee to accept a grant in the amount of $761,604 from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant. The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 3.b. ORDINANCE NO. 029113 Ordinance appropriating $761,604 in the No. 1061 Police Grants Fund from the Department of Homeland Security FEMA for funding eligible under the 2011 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 4.a. MOTION NO. 2011-144 Motion authorizing the City Manager or designee to accept a grant in the amount of $570,000 from the Texas Department of Public Safety, Department of Homeland Security FEMA for funding eligible under the Buffer Zone Protection Program (BZPP) grant. The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 4.b. ORDINANCE NO. 029114 Ordinance appropriating $570,000 in the No. 1061 Police Grants fund from the Texas Department of Public Safety, Department of Homeland Security FEMA for funding eligible under the Buffer Zone Protection Program (BZPP) to purchase law enforcement equipment for the police department. -2- Minutes — Regular Council Meeting July 12, 2011 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 5.a. RESOLUTION NO. 029115 Resolution authorizing the City Manager or designee to execute an Interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation. The foregoing resolution was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 5.b. RESOLUTION NO. 029116 Resolution authorizing the City Manager or designee to submit a grant application in the amount of $212,139 to the U. S. Department of Justice, Bureau of Justice Assistance for funding eligible under the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2011 Local Solicitation; 50% of the funds to be distributed to Nueces County under the established Interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. The foregoing resolution was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 6. ORDINANCE NO. 029117 Ordinance consenting to the assignment of an On -Airport Rental Car Concession and Lease Agreement with Gulf Coast Car Rental, Inc. to EAN Holdings, LLC dba Alamo Rent A Car and National Car Rental; authorizing the City Manager or designee to execute assignment and assumption agreement between all parties. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 7. ORDINANCE NO. 029118 Ordinance establishing a water supply development reserve in the No. 4010 Water Fund; reserving $221,797.53 from Federal Emergency Management Agency, as reimbursement for Disaster 1425 (Texas 2002 Floods); in the water supply development reserve of the No. 4010 Water Fund; changing the FY 2010-2011 Operating Budget, adopted by Ordinance No. 028252 by increasing proposed revenues by $221,797.53. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. Minutes — Regular Council Meeting July 12, 2011 — Page 4 RESOLUTION NO. 029120 Resolution authorizing the City Manager or designee to execute all documents necessary, including application, to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY 2011-2012 under the Texas General Land Office's cleaning and maintenance assistance program. The foregoing resolution was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 10. ORDINANCE NO. 029121. Ordinance appropriating $54,309.99 in developer contributions and $1,679.64 in interest earnings for a sum of $55,989.63 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 11. ORDINANCE NO. 029122 Ordinance authorizing the resale of five (5) properties for $14,500 which were foreclosed upon for failure to pay ad valorem taxes, of which the City shall receive $785.60, plus $2,661.64 for partial payment of City paving and demolition liens. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 12.a. RESOLUTION NO. 029123 Resolution authorizing the City Manager or designee to execute a Second Amendment to the Interagency Cooperation Contract with the Texas Historical Commission (THC) which extends the term of the contract through August 31, 2012, and increases the amount of funding provided by the THC by $42,106 ($35,000 of which is contingent upon future funding by the Texas Legislature). The foregoing resolution was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 12.b. FIRST READING ORDINANCE Ordinance appropriating $42,106 from the Texas Historical Commission ($35,000 of which is contingent upon future funding by the Texas Legislature) in the No. 1069 Museum Grants Fund for the complete reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History. The foregoing ordinance was passed and approved on its first reading with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. —4— Minutes — Regular Council Meeting July 12, 2011 — Page 5 14. ORDINANCE NO. 029124 Abandoning and vacating a 1,764 square foot portion of a 15 -foot wide public alley right-of- way, out of Lots 4-7, Block 9, Bay View Addition, said public right of way, being located between Santa Fe Street and Fifth Street, and north of the Morgan Avenue public street right-of-way, subject to compliance with the specified conditions. (First Reading 06/28/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 15. ORDINANCE NO. 029125 Amending the Unified Development Code by replacing tables 1.10.5 and 4.1.1 in their entirety, adding a provision to the definition of a Dwelling, revising the Landmark Commission vote requirement at Subsection 3.16.2.6.1, amending a portion of Table 7.2.2.B. regarding indoor recreation, and amending the Urban Transportation Plan Design Criteria Manual, Appendix to UDC Article 8, by inserting revised Figures 1A and 3 through 13; providing for severance; providing for publication; providing for an effective date and providing for penalties. (First Reading — 06/28/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 16. ORDINANCE NO. 029126 Amending the Code of Ordinances Chapter 14, Article II, Division 1, Section 14-223 (A) (1) and adding to Section 14-202 a new definition, all relating to building occupancy; providing for publication, providing for penalties. (First Reading — 06/28/11) The foregoing ordinance was passed and approved on its second reading with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. Mayor Pro Tem Elizondo opened discussion on Item 13 regarding ADA Improvements Group 3. Abel Alonzo, Chairman of the Committee for Persons with Disabilities, asked Engineering staff to inform the public of this project. Director of Engineering Services Pete Anaya explained that this project is leveraging bond funds with funds from a Community Development Block Grant (CDBG) to construct sidewalks and curb cuts in selected areas. Council Member Leal asked staff to consider the Manshiem/Sunnybrook Area as a potential ADA improvement area. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2011-145 Motion authorizing the City Manager or designee to execute Amendment No. 1 to the Contract for Professional Services with CH2MHill of Corpus Christi, Texas in the amount of $392,323 for a total re -stated fee of $719,038 for the ADA Improvements Group 3 (BOND ISSUE 2008) and Accessible Routes in CDBG Residential Areas Phase 1. (Community Development Block Grant (CDBG) Program) —5— Minutes — Regular Council Meeting July 12, 2011 — Page 6 The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye'; Adame and Adler were absent. Mayor Pro Tem Elizondo opened discussion on Item 8 regarding the Marina Fuel Station. Council Member Martinez asked the staff to inform the public about the marina fuel station. Marina Superintendent Peter Davidson stated that the Marina has been without a fuel station for three (3) years which has made leasing of boat slips difficult. Mr. Davidson reported that with the assistance of John Allford with Sundance Fuel, Ltd., a fuel station with specialized equipment is being installed at the Cooper's Alley L -Head. Mr. Davidson added that the fuel station will have a credit card system and will be opened seven (7) days a week. City Secretary Chapa polled the Council for their votes as follows: 8. ORDINANCE NO. 029119 Ordinance authorizing the City Manager or designee to execute a five year use permit with Sundance Fuels, Ltd. for the use of Cooper's Alley L -Head for the purpose of operating a Marina Fuel Station for monthly rental payments of $200.00. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. Mayor Pro Tem Elizondo referred to Item 17 regarding the Capital Budget and Capital Improvement Planning (CIP) Guide. Assistant City Manager Johnny Perales explained that this item is a resolution amending the Council Policies relating to the CIP and a public hearing and first reading of the capital budget. Interim Director of Financial Services Constance Sanchez presented information on Resolution No. 028994, which initiated the Council's review and implementation of the revised polices to govern the adoption of the City's CIP and the use of the commercial paper program; the actions taken to address the resolution. Council Member Loeb made a motion to include language in Section 22 that all capital projects include a statement as to the impact on the operating budget. The motion was seconded by Mr. Kieschnick. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Loeb, Marez, Martinez, and Scott, voting "Aye"; Leal voting "No"; Adame and Adler were absent. Council Member Loeb asked for clarification on Section 23. Ms. Sanchez explained that Section 23 states that the corresponding utility rate increases will be disclosed in bond language. A brief discussion ensued regarding the intent of this section, how the CIP projects affect utility rate increases; and how utility monies will be spent. Assistant City Manager Perales recommended changing the language from "will" to "may" Mayor Pro Tem Elizondo called for comments from the audience on Item 17.a. Abel Alonzo, 1701 Thames, spoke regarding transparency and asked for clarification on the utility costs associated with bond projects. Minutes — Regular Council Meeting July 12, 2011 — Page 7 Mr. Loeb made a motion to change the language in Section 23 from "will' to "may". The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. City Secretary Chapa polled the Council for their votes as follows on Item 17.a.: 17.a. RESOLUTION NO. 029127 Resolution amending Part II, Council Policies, of the Corpus Christi Code of Ordinances, to add five policies relating to (1) approval of the Capital Improvement Plan; (2) Capital Project Strategy; (3) utility costs associated with General Obligation Bond Projects; (4) Utility Capital Reserve Funds; and (5) Storm Water Capital Projects, in accordance with Resolution No. 028994. The foregoing resolution was passed and approved as amended with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. Mayor Elizondo opened discussion on Item 17.b. regarding the following public hearing: 17.b. Public hearing and First Reading Ordinance to consider approving the FY 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500. Assistant City Manager Perales referred to a powerpoint presentation including the capital budget approach; the capital budget highlights; funding sources by type; funding uses by program; revenue by type; program expenditures; and the capital budgets for Park and Recreation, Public Facilities, Public Health and Safety, Streets, Gas, Storm Water, Wastewater, and Water; estimated water and wastewater rates pr capital projects (CIP) only; storm water impact to water rates; and the remaining schedule. The following topics pertaining to this item were discussed: the schedule for the construction work on Staples Street from Gollihar to Brawner and Williams to Saratoga; the project scope for Sunfish Island Nourishment and Breakwater projects; utility funding debt; the seawall projects initiated by the Type A Board to enhance the safety of the seawall; the Barge Dock improvements and how it would affect the Art Museum; how to address the amount of funds left in the seawall fund, viable uses of the funds, or consideration to paying the debt off early and going back to the voter to issue a new 1/8 cents sales tax for street maintenance; preservation of seawall funds for future maintenance; Corpus Christi Beach New Bathhouse project under review for flood zone compatibility issues; consideration of a removable bathroom pods for C.C. Beach and Packery Channel; multiple uses for the utility line at Packery Channel; whether it is cost effective to maintain the transfer station at J.C. Elliott Landfill; consideration for railing at the seawall; Aquarius Street project completion; completing the Park Road 22 Bridge design in permitting in 10 -months; expediting the wastewater City-wide effluent water re -use master plan; the expansion of the Greenwood Wastewater Treatment Plant; and odor control at the Greenwood Wastewater Treatment Plant. There was a general consensus of the Council to direct staff to provide a presentation on the seawall projects studied and meet with the Type A Board to deliberate the future of the seawall. —7— Minutes — Regular Council Meeting July 12, 2011 — Page 8 A motion was made, seconded and passed to open the public hearing. No one appeared in opposition to the Capital budget. Mr. Kieschnick made a motion to close the public hearing, seconded by Ms. Leal, and passed. Mr. Chapa polled the Council for their votes as follows: 17.b. FIRST READING ORDINANCE To consider approving the FY 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500. The foregoing ordinance was passed and approved on its first reading with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, and Martinez, voting "Aye"; Adame, Adler, and Scott were absent. Mayor Pro Tem Elizondo opened discussion on Item 18 regarding the financial policies for preparation of the FY2011-2012. Assistant Director of Management & Budget Eddie Houilhan provided a brief overview of the changes to the financial policies. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18. RESOLUTION NO. 029128 Resolution amending Financial Policies adopted by Resolution No. 028609 and providing financial policy direction on preparation of the FY 2011-2012 Budget. The foregoing resolution was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. Mayor Pro Tem Elizondo opened discussion on Item 19 regarding the adoption of the FY2012 Operating Budget. Assistant City Manager Oscar Martinez explained that this item is the adoption of the FY2011-2012 operating budget and includes ratifying the increase in property tax revenues from last year's operating budget. The following topics pertaining to this item were discussed: the memo received regarding the estimated 2% increase in property tax values and the legislative change in the TMRS rate and the effect these changes will have on this budget; when the final appraisal values from the Nueces County Appraisal District; the September vote on the setting the tax rate; the impact on the three- year financial plan if the Council choose to maintain the existing tax rate; the Council not comfortable with voting without a full Council present; recommendations if the Council supported the effective tax rate including funding for code enforcement, animal control and streets; and the costs associated with moving the fiscal year dates. City Manager Olson stated that if in fact the appraisal goes from a -6% to +2%, the only thing that changes is the tax rate not the budget. Council Member Marez directed staff to find funds to restore funding to Mental Health/Mental Retardation (MHMR) in the amount of $54,000. Council Member Leal stated that she would like to see the senior center hours restored. Minutes — Regular Council Meeting July 12, 2011 — Page 9 Mayor Pro Tem Elizondo called for comments from the audience. Abel Alonzo, 1701 Thames, spoke regarding the estimated changes to the appraisal values and the initiatives and changes the City Manager has made. Curt Allen, Garden Senior Center, spoke in support of restoring the hours of operation for the senior centers and directors. Carrie Robertson, 4401 Gulfbreeze Boulevard, asked the Council to consider parks maintenance and beach cleaning during the budget process. Abel Chapa, 902 Brock, encourage the Council to reconsider the reduction of hours at four (4) senior centers. Manuel M. Lopez, Broadmoor Senior Center, also spoke regarding the reduction of hours at the senior centers. Carlos Torres, President of the Corpus Christi Fire Fighters Association, addressed the need for a new fire academy. Christine Kailas asked the Council to reconsider the budget cuts for the Park and Recreation Department and restore the funding for the Sister City Committee. Rolando Garza spoke regarding the concern for public safety and lack of firefighters. John Ryan Seaman, Sister City Committee, read a letter on the impact the Student Exchange Program had on his life and asked for reconsideration for budgeting Sister City. Council Member Elizondo spoke regarding the importance of public safety. Council Member Leal spoke regarding the potential shortage of police and firefighters and asked questions regarding the timeframe for hiring public safety officers. Council Member Martinez spoke regarding the previous direction to find funding for the Corpus Christi Symphony. Council Member Loeb spoke regarding the underfunding of several departments and establishing criteria for accessing the HOT tax for funding arts programs. Council Member Marez asked questions regarding the cost associated with a new fire academy and the status of the alternate hiring practice should the fire contract is not renewed. Mr. Kieschnick made a motion to table all related budget items to July 19, 2011. The motion was seconded by Mr. Scott. City Secretary polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. 19.a. TABLED TO JULY 19, 2011 Adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2011; to be filed with the County Clerk; appropriating monies as provided in the budget. 19.b. TABLED TO JULY 19, 2011 To ratify incr ase of $1,058,875 in property tax -revenues from fact year's operating budget as reflected in the 2011 2012 Operating Budget. 20. TABLED TO JULY 19, 2011 Amending Code Of Ordinances, Chapter 39, Personnel, Article III Employee Compensation And Clas-ification System, to revise Section 30 303 by deleting provision to maintain 5%, leave; to revL.e Section 39 366 by adding personal leave hours are not paid out at conflict with this ordinance; providing for effective date. Minutes — Regular Council Meeting July 12, 2011 — Page 10 21.a. TABLED TO JULY 19, 2011 for publication. 21.b. TABLED TO JULY 19, 2011 Beach recreation cite rates for Ficcal Year 2011 2012; providing an effective date; and providing for publication. 21.c. TABLED TO JULY 19, 2011 21.d. TABLED TO JULY 19, 2011 21.e. TABLED TO JULY 19, 2011 Library Fee; providing an effective date; and providing for publication. ............* Mayor Pro Tem Elizondo opened discussion on Item 22 regarding an amendment to the Code of Ordinances to decriminalize parking citations. Assistant City Manager Oscar Martinez explained that the purpose of this ordinance is to amend Chapter 53, Traffic Enforcement and Compliance which decriminalizes the issuance of parking citations. The following topics pertaining to this item were discussed: parking fee revenues used to cover cost of administration. Council Member Scott called for comments from the audience. Abel Alonzo, 1701 Thames, asked for clarification of this ordinance and whether the decriminalization would affect parking violations in disabled parking. Assistant City Attorney Trisha Dang explained that this ordinance only decriminalizes parking violations under this ordinance and parking violations under the Transportation State Law is still mandated and will be a criminal offense. City Secretary Chapa polled the Council for their votes as follows: 22. FIRST READING ORDINANCE Amending Chapter 53, Traffic, Article III. Enforcement and Compliance, and Article VI, Standing and Parking of the Corpus Christi Code of Ordinances, by revising various sections in said articles to make stopping, standing and parking violation a civil offense; to provide for civil penalties; to create parking improvement fund; to provide parking citation as notice of —10— Minutes — Regular Council Meeting July 12, 2011 — Page 11 administrative adjudication hearing and create failure to answer citation an admission of liability; to provide Texas Department of Motor Vehicle's record as prima facie evidence and presumption owner as violator; to provide an increase in immobilization fee; to create an office of administrative hearings and appoint hearing officer to conduct administrative adjudication hearing; to provide an appeal and enforcement of hearing officer's finding; to provide impoundment and immobilization of motor vehicle for unpaid parking citations; to create violations to provide for penalties; to provide for publication; to provide for a repealer clause; and to provide for effective date of October 1, 2011. The foregoing ordinance was passed and approved on its first reading with the following vote: Elizondo, Kieschnick, Lea, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. Mayor Pro Tem Elizondo opened discussion on Item 23 regarding updating the ordinance governing parking meter zones and associated rates. Assistant City Manager Oscar Martinez stated that the City currently has 962 parking meters which are mechanical and electronic and sixty percent of the equipment is 35-50 years old. Mr. Martinez explained that the proposal is to replace and upgrade existing parking meters and purchase hand-held ticket writers for parking personnel. Mr. Martinez addressed the enhancement the charges for parking meters downtown; update of rates charged for Texas State Aquarium area; the one —year roll out with anticipated revenues of $667,000 in Year 1; the revenue split over Years 2 & 3 for the purposes designated in the ordinance; and the creation of the Parking Advisory Committee. The following topics pertaining to this item were discussed: the general fund recovering cost from the parking improvement program prior to any revenue split occurring; concern that the public was not aware of the revenue split occurring after expenses; the meters on Shoreline from Lawrence to Schatzel and consideration to amend the language to state to the west side of North Shoreline; the cost to upgrade the meters; the current inventory of meters; requiring Council approve to expand additional meters or streets that currently have free parking; whether the performa is based on current number of meters or future expansion; the issues that the Council would approve and issues that the Parking Advisory Committee would approve; the concerns of Mr. Hoover with mixed used development and tenant parking and residential representation on the committee; concerns from the commercial development and businesses; and the membership composition of the committee, terms and vacancies. Council Member Marez expressed concern on the Parking Advisory Committee including residential representation; the term expirations and vacancies; the staff member being the chairman and the liaison; changing the language to reflect that the council member from the district representing downtown and North Beach appoint one representative; reducing the number of appointed representatives from the Corpus Christi Beach Task Force and Uptown Neighborhood Initiative to one (1); and replacing those two (2) positions to residential owner and residentof the downtown area. Mayor Pro Tem Elizondo called for a brief recess on this item to listen to public comment. Mayor Pro Tem Elizondo called for petitions from the audience. Mike Edwards, 227 North Water, spoke regarding the parking meter ordinance and encouraged the Council to vote no on this issue. In response to Council Member Marez, Mr. Edwards said he supported the ordinance to improve the technology, the rate changes, and the current locations of parking meters. Tina Butler, Del Mar College, invited the Council to attend an event held by the Texas Association of Black Personnel in Higher Education addressing at risk youth with a ceremony being held on July 16th at —11— Minutes — Regular Council Meeting July 12, 2011 — Page 12 6:30 at Del Mar Richardson Performance Hall and mixer on July 15th at the Retama Room. Colin Sykes, 309 Aberdeen, spoke regarding reinstating the public comment time to 12:00 noon and developing "The People's Comer" event to assemble people to discuss topics of interest. Mayor Pro Tem Elizondo returned to the discussion on Item 23 regarding updating the ordinance governing parking meter zones and rates: Council Member Loeb said the purpose of the downtown parking program is not to generate revenue but to keep short term parking available to park close to commercial businesses in an urban environment. Mr. Loeb stated that it is a bad idea to create a parking system to encourage residential parking on the streets. Mr. Loeb suggested the creation of a parking pass program for residential parking in the lowest used parking meters. Mr. Loeb also stated that parking meters should be placed everywhere except Shoreline and if not, those owners should not be able to receive money from the fund. In response to Mr. Loeb, City Secretary Chapa stated that the dual service would apply to the committee and representatives from the DMD could not be board members. Mr. Scott made a motion to amend the ordinance to only re -meter the existing meter locations and existing city -owned lots. The motion was seconded by Mr. Kieschnick. A brief discussion ensued regarding the current locations and expansion of the meters. City Secretary Chapa polled the Council for their votes as follows: The foregoing motion was passed and approved with the following vote: Elizondo, Kieschnick, Leal, Marez, and Scott, voting "Aye"; Loeb and Martinez voting "No"; Adame and Adler were absent. There was a consensus of the Council to direct City Secretary Chapa to review the ordinance, take comments into consideration and come back prior to second reading with recommendations on the composition of the committee including adding residential representation; reducing the appointments made by the Corpus Christi Beach Task Force and Uptown Neighborhood Initiative to one (1); the staff liaison versus chairmanship; and terms. City Secretary Chapa polled the Council for their votes as follows: 23. FIRST READING ORDINANCE Amending Chapter 53, Traffic, Article I. Definition, Article II. Administration, Article VI. Standing and Parking and Article VIII. Schedules of the Corpus Christi Code of Ordinances, by revising various sections in said articles to provide additional definition; to create and expand Parking Enforcement Officer duties; to provide installation of parking meters and pay stations, to provide paid parking spaces and zones and location; to provide time limits on paid parking spaces and zones; to provide fee and exemptions; to provide parking citation for parking violation; to establish Parking Advisory Committee; to establish parking zone and rate; to provide for penalties; to provide for publication; to provide for a repealer clause; and to provide an effective date of August 1, 2011. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye"; Adame and Adler were absent. * * * * * * * * ** * ** -12- Minutes — Regular Council Meeting July 12, 2011 — Page 13 Mayor Pro Tem Elizondo referred to Item 26 regarding the Nueces County Tax Appraisal District - Appraisal of Property. Jay Reynolds, Assistant Chief Appraiser of the Nueces County Tax Appraisal District, introduced Chief Appraiser 011ie Grant, Board Member Sandra Billfish, and Taxpayer Liaison Ken Cones. Mr. Reynolds referred to a powerpoint presentation including topics for discussion; the appraisal process; primary function of the Appraisal District; mass appraisals vs. fee appraisals; the tax calendar; how appraisals are performed; categories of properties; example of residential property appraisal; definitions of property classification and neighborhoods; data collection; data entry; data analysis; market analysis sales comparables; equity grid; internal quality controls; sample ratio study report; external quality controls; IAAO standards; property value study summary report; five-year PVS ratio; and 20 -year home sales versus last 10 year of certified number presented to City. The following topics pertaining to this item were discussed: how the appraised values went from a 6.6% drop to a 2% increase; the negative impact the inaccurate data has had on the City's budget; the appraised value of a property in Lamar Park; how large appraisals swings in neighborhoods are determined from one year to the next; illegal home exemptions; providing preliminary numbers and assumptions; whether the Appraisal District could provide the City the total aggregate values for each neighborhood; and if the rate increases over the last 11 years is comparable with other cities. Mr. Reynolds explained that the error on the appraised values was the result of a new computer system reporting double the homestead exceptions. Mr. Reynolds took responsibility for not catching the mistake at the time and since then, has been reviewing the numbers. Mayor Pro Tem Elizondo referred to Item 27 regarding the Parks and Recreation Advisory Committee Annual Report. Carlos Haney, Park and Recreation Advisory Committee, provided information on the 2010 activities; the use of social media; Park and Recreations message and tagline; the Corpus Christi Tennis Association program; membership; volunteers of the Parks Department; operation and maintenance of parks; the benefits of public parks; a comparison of the percentage of the budget designated to parks in other cities; and the vitality of parks. Mayor Pro Tem Elizondo referred to Item 25 regarding the Sports Entertainment and Arts (SE) District Traffic Control Chaparral Street Improvements. City Traffic Engineer Charlie Cardenas introduced Parking Patrol Supervisor Marc Denson; Police Captain Jerry Vesely; and Director of Operations at SMG Russell Myer. Mr. Cardenas referred to a powerpoint presentation including the background and layout; issues; pavement marking layout; event traffic control plans; and special events parking signs. Mr. Denson provided information on the private parking lot codes and permitting. The following topics pertaining to this item were discussed: lot requirements for charging fees; the purchase of cones and system to set out; timeframe for project; and aggressive parking lot employees. Mayor Pro Tem Elizondo referred to Item 27 regarding the status of the Mary Rhodes Pipeline Phase 2 project. Director of Water Department Gus Gonzalez introduced John Wolfhope, Anne Carrel, and Ron Guzman with Freese and Nichols who were available to respond to questions. Mr. Gonzalez referred to a powerpoint presentation including a status update; preliminary conceptual design; current design; project status; raw water pipeline project status; project schedule; construction costs; public outreach; and a comparison of water demand scenarios and safe yield supplies. -13- Minutes — Regular Council Meeting July 12, 2011 — Page 14 The following topics pertaining to this item were discussed: drought concerns and the timeline for construction. There being no further business to come before the Council, Mayor Pro Tem Elizondo adjourned the Council meeting at 6:06 p.m. on July 12, 2011. —14— 2 a. ANIMAL CONTROL ADVISORY COMMITTEE — Three (3) vacancies with terms to 5-31-1.2 and 5-31-14 representing the following categories: 2 — members of local animal welfare organizations (at least one of the organizations must operate an animal shelter) and 1 — community at large. DUTIES: To advise the City Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall be advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City - County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex -officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City -County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS *Barbara E. Beynon (Animal Welfare) William R. Schroeder (Comm. at Large), Chair ***Helen Sterbach (Comm. at Large) Cheryl Martinez (Comm. at Large) Heather Tarnoski (Comm. at Large) Dr. Barbara Whitlock (Veterinarian) *Samantha Person (Animal Welfare/Shelter) City Manager or Representative Annette Rodriguez, Dir. of Public Health Larry Blas, Supervisor, Animal Control TERMS 5-31-11 5-31-12 5-31-12 5-31-13 5-31-13 5-31-13 5-31-11 Ex -Officio, Nonvoting Ex -Officio, Nonvoting Ex -Officio, Nonvoting ORIGINAL APPTD. DATES 9-09-08 5-09-06 8-18-09 8-18-09 8-17-10 8-17-10 9-09-08 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Barbara E. Beynon (Animal Welfare) 12 Samantha Person (Animal Welfare/Shelter) 12 NO. PRESENT 10 11 OF ATTENDANCE LAST TERM YEAR 83% 92% (The Animal Control Advisory Committee is recommending the reappointments of Barbara E. Beynon (Animal Welfare) and Samantha person (Animal Welfare/Shelter). The committee is also recommending the new appointment of Jennifer Diaz (Community at Large). Legend: *Seeking reappointment **Not seeking reappointment **.*Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —17— OTHER INDIVIDUALS EXPRESSING INTEREST Jonathan Michael Barlow Self Employed. Activities include: Volunteering with Texas State Aquarium. (Community at Large) (5/4/11) Jennifer Diaz Owner/Operator, The Pooch Pad. Received BS from Texas A&M University -Corpus Christi. Activities include: Support Local Animal Organization and Participate in Efforts to Alleviate the Overpopulation of Pets. (Animal Welfare/Shelter or Community at Large) (5/23/11) William M. Kramer, Jr. Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (Community at Large) (6/17/11) Anthony John Mulheron Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (Community at Large) (5/2/11) Dr. Nina M. Sisley Retired, Director of Corpus Christi-Nueces County Health Department. Formerly Served on the Food Service Advisory Committee. Activities include: LEPC. (Community at Large) (5/19/11) -18- b. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU — Five (5) vacancies with terms to 8-1-13 representing the following categories: 2 — At Large, 1- Hotel Industry, 1- Restaurant Industry and 1— Attraction Industry. DUTIES: To solicit various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year-round; to promote the City as a year-round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention -related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention -related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex -officio non-voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex -officio advisory non voting members. Appointments will be for staggered, two-year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. MEMBERS Ken Griffin (At Large) Robert Tamez (At Large) .K****John Trice (At Large), Chair ''****Art Granada (At Large) Butch Pool (At Large) Bill Morgan (Hotel Industry) ***Jyoti Patel (Hotel Industry) Mark Schaberg (Restaurant Industry) *Daniel Dain (Restaurant Industry) Tom Schmid (Attraction Industry) *Michael Womack (Attraction Industry) Terry Klinger (RTA representative) Patricia Cardenas (Port of CC representative) Fred Segundo (C.C. International Airport) Mayor City Manager :1: TERM 8-01-12 8-01-12 8-01-11 8-01-11 8-01-12 8-01-12 8-01-11 8-01-12 8-01-11 8-01-12 8-01-11 Ex -officio, non-voting Ex -officio, non-voting Ex -officio, non-voting Ex -officio, non-voting Ex -officio, non-voting Legend: *Seeking reappointment **Not seeking reappointment ***Resigned *:***Exceeded number of absences allowed by ordinance **"**Has met term limitation -1 9 - ORIGINAL APPTD. DATE 4-12-11 7-18-06 7-18-06 7-18-06 7-18-06 2-13-07 7-18-06 8-12-08 7-28-09 11-11-08 8-12-08 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Daniel Dain (Restaurant Ind.) 10 Michael Womack (Attraction Ind.) 10 NO. PRESENT 7(3exc) 10 % OF ATTENDANCE LAST TERM YEAR 70% 100% (The Corpus Christi Convention and Visitors Bureau is recommending the reappointments of Daniel Dain (Restaurant Industry) and Michael Womack (Attraction Industry). The board is also recommending the new appointments of either Angie Flores, Rakesh (Rick) Patel or Vincent Doyle for the At Large categories; and Kaushik "Sheik" Bhakta for the Hotel Industry. The committee is required to submit at least two names for consideration.) OTHER INDIVIDUALS EXPRESSING INTEREST Richard Avila Jonathan Michael Barlow Captain Ron Behnke Kaushik "Sheik" Bhakta Curt L. Broomfield Vincent E. Doyle Part -Time Adjunct Professor Texas A&M University - Corpus Christi. Supervise Student Teachers at Texas A&M University -Corpus Christi. Retired Athletic Director from Corpus Christi Independent School District. Received BS and Masters Degree from Pan American University. Certified Athletic Administrator and Certified Masters Athletic Administrator. Activities include: UIL Region IV -3A Director General. (4/11/11) Self Employed. Activities include: Volunteering with Texas State Aquarium. (5/4/11) Retired, Fishing Guide. Licensed United States Coast Guard Captain. Attended College. (4/12/11) Owner, General Manager, Hotel Owner. Received Business Administration Degree in Finance from University of Houston. Formerly Served on the IOC Board for Choice Hotels International. Activities include: Greater Corpus Christi Hospitality Association and Marketing Committee for Corpus Christi Convention and Visitors Bureau. (Hotel Industry) (6/29/11) CEO, SBG, Inc. Retired United States Marine Corp. Previously Served as Rotary Club President and Corpus Christi Convention and Visitors Bureau. Activities include: Coast Guard Auxiliary. (6/8/11) Retired, Technical Engineer, Pipe and Maintenance Department. Received Associate Degree. (4/12/11) —20— Angie Flores Margareta Fratila Sandra L. Jackson Beth Kingsbury Brad Kisner William M. Kramer, Jr. Rakesh (Rick) Patel Communications Director, State Representative Todd Hunter, District 32. Real Estate Experience. Activities include: Regional Transportation Authority and Catholic Charities of Corpus Christi. Leadership Corpus Christi, Class 34 Alumni. (7/6/11) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6/29/11) Equipment Specialist, Corpus Christi Army Depot. Attending Texas A&M University -Corpus Christi. Activities include: Corpus Christi Area Chapter Black in Government. (4/28/11) Assistant Marketing Manager, HDR Engineering, Inc. Received a BBA in Marketing from Texas A&M University -College Station and a MBA from Texas A&M University -Corpus Christi. Activities include: Nueces County A&M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (1- 7-11) Director of Music and Fine Arts, First United Methodist Church and Adjunct Professor of Music, Texas A&M University -Corpus Christi. Received B.M.E. from Oklahoma State University and M.S.M. from Southern Methodist University. Activities include: American Guild of Organists and First United Methodist Church. (4/18/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University -Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6/17/11) General Manager/Owner, Radisson Hotel. Received B.A. from University of California at Berkeley. Activities include: Greater Corpus Christi Hotel/Motel Association, Big Brother Big Sisters, Corpus Christi Beach Strategic Action Committee and Education is Our Freedom. Currently Serves on Marina Advisory Committee, but will resign if appointed. (6/24/11) -21- Erica Rios Lyle Smitson Rick Sowash Marsha Williams Front Desk Support, Francisco's Salon. Received BA from Texas A&M University -Corpus Christi. Activities include: American GI Forum and Coastal Bend Premie Network. (5/5/11) Owner, All Texas Communications. Served in the United States Air Force. Received BS in Business Administration from Cal State University at Los Angeles, California. Electrical Engineer and Commercial Builder. (4/27/11) Real Estate Appraiser, Tasador, Inc. Received BS in Business from Indiana University at Bloomington. Activities include: Designated Member Appraisal Institute - SRA. (5/3/11) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (6/8/11) -22- c. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — Two (2) vacancies with terms to 7-14 representing the following categories: 2- Agent, Employee or Tenant of Resident of District, Owner of Property within the District or Owner of Stock or Corporate owner of Property within the District. (Directors are chosen through the recommendation of the board and the approval of the City Council.) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at Least nine but not more than thirty directors, serving four-year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE Raymond Gignac (PO) 07-12 08-21-01 Eloy Salazar (PO), Chair 07-14 07-27-04 George Clower (A/E/T) 07-14 07-15-08 Wayne Lundquist (A/E/T) 07-12 08-22-00 Wes Hoskins (PO) 07-12 08-22-00 ***Mark Adame (A/E/T) 07-14 08-22-00 Glenn R. Peterson (PO) 07-14 06-08-10 Casey Lain (PO) 07-14 06-08-10 Christoher Lawrence (A/E/T) 07-14 03-29-11 ***David Loeb (A/E/T) 07-14 08-21-07 Dee Dee Perez (A/E/T) 07-14 06-08-10 Rachelle Graham (A/E/T) 07-12 06-08-10 Tim Heuston (A/E/T) 07-12 03-29-11 Dan Richter (PO) 07-14 09-11-01 Chad Magill (A/E/T) 07-12 08-22-06 R Resident of District PO - Owner of Property within the District SO - Owner of Stock or Corporate owner of Property within the District A/E/T - Agent, Employee or Tenant of one of the above (The Corpus Christi Downtown Management District is recommending the new appointments of Tracy (Tray) E. Bates (AIE/T) and Cass Austin Gabriel (R).) Legend: "Seeking reappointment **Not seeking reappointment ***Resigned * K*"`Exceeded number of absences allowed by ordinance *****Has met six-year service limitation —23— Tracy (Tray) E. Bates Cass Austin Gabriel President/CEO/Broker, Bates Commercial LLC. Received BBA in Finance/Real Estate from Texas Christian University. Activities include: Corpus Christi Association of Realtors, Texas Association of Realtors, San Patricio Economic Development Corporation and Corpus Christi Bold Future Initiative Committee. (A/E/T) (5/18/11) Associate Broker/Owner, Gomez Gabriel Real Estate. Attended University of Texas at Austin. Formerly Owned and Operated RE/MAX in Austin, Texas. (R) (6/30/11) —24— d. WATERSHORE AND BEACH ADVISORY COMMITTEE — One (1) vacancy with term to 12-11-12 representing the following category: 1 — Scientist, i.e. Marine Biologist. DUTIES: To advise and make recommendations regarding use or preservation of the following areas within the city Limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2-264. COMPOSITION: Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two- year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two - years. ORIGINAL MEMBERS TERM APPTD. DATE ***Joanna Mott (Scientist) 12-11-12 12-11-07 Cameron Perry (Engineer) 12-11-11 12-14-10 Jake Herring (Environmentalist), Chair 12-11-11 12-11-07 John Powell (Hotel/Condo Owner) 12-11-12 01-12-10 Keith Arnold (CVB) 12-11-11 12-14-10 Neil McQueen 12-11-11 12-11-07 Jay Gardner 12-11-11 03-29-11 JoAnn Gilbertson 12-11-12 12-11-07 Cody Bates 12-11-12 12-14-10 (The Watershore and Beach Advisory Committee is recommending the new appointment of Jennifer Pollack.) INDIVIDUAL EXPRESSING INTEREST Jennifer Pollack Professional Assistant Professor, Texas A&M University -Corpus Christi. Received PhD in Marine Science from University of South Carolina and Post -Doctoral Research Associate at Harte Research Institute for Gulf of Mexico Studies. Formerly Assistant Research Scientist, Harte Research Institute. Currently Program Coordinator for Fisheries and Mariculture Graduate Program and peace Corps Master's International Program at Texas A&M University -Corpus Christi. (Scientist) (5/19/11) Legend: *Seeking reappointment **Not seeking reappointment * * `"Resigned ,r -**Exceeded number of absences allowed by ordinance *****Has met six-year service limitation -25- 3 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of 07/19/2011 DATE: 06/24/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 TOPIC: Award for purchase, configuration and installation: Laboratory Information Management System (LIMs) for the Water Department (Request for Proposal No. BI -0050-11) PURPOSE: Motion approving the purchase, configuration and installation of a laboratory information management system (LIMs) with Perkin Elmer Health Sciences, Inc., Shelton, CT for the Water Department Laboratory, in accordance with Request for Proposal BI -0050-11, based on best value, for a total amount of $109,256. Funds have been budgeted by the Water Department in FY 2010-2011. BACKGROUND AND FINDINGS: The City currently uses a paper-based recordkeeping system which is time consuming and inefficient. The LIMs software will aid the Water Utilities Laboratory (WUL) in complying with National Environmental Laboratory Accreditation Council (NELAC) standards for complete tracking of all samples from the time of receipt until disposal. Additionally, this LIMs software will improve the recording and monitoring of Texas Commission on Environmental Quality (TCEQ) compliance and permit requirements for the Water, Wastewater and Storm Water Departments. The LIMs software will be used in conjunction with Maximo to automatically generate work orders when set parameters are out of range. The LIMs will also be utilized with GIS to assess trending patterns within a specific area(s) based on the current and historical data. ALTERNATIVES: Continue operating the Water Utilities Laboratory with the paper-based system. FINANCIAL IMPACT: o Not Applicable x Operating Expense -29- ❑ Revenue ❑ CIP Page 2 of 2 FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $ 133,000.00 $ 10,436.00 $ 10,436.00 Encumbered/Expended amount as of (6/24/11) -29,528.15 29,528.15 This item -109,256.00 0.00 109,256.00 BALANCE * $(5,784.15) $ 10,436.00 $ 149,220.15 FUND(S): Water Department * Note: Although there is a negative amount of $(5,784.15) budgeted in this account, there is a balance of $261,280.24 in the operating control account to cover this expense. Comments: The cost to purchase, configure and install the LIMs is $109,256 and has been budgeted by the Water Department in FY 2010-2011. The annual maintenance cost of $10,436 will be on an ongoing, as needed basis. RECOMMENDATION: Staff recommends awarding the service agreement for the LIMs to Perkin Elmer Health Sciences, Inc, Shelton, CT in the amount of $109,256. The technical solution provided by Perkin Elmer Health Sciences, Inc., is superior in regards to software, end-user functionality, audit trail, quality control and GIS integration. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water, Wastewater, Storm Water, and MIS Departments LIST OF SUPPORTING DOCUMENTS: Summary evaluation matrix attached cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Gustavo Gonzalez, Director of Water Operations Foster Crowell, Director of Wastewater Operations Valerie Gray, Director of Storm Water Operations Michael Armstrong, Director of Information Systems -30- RFP- LABORATORY INFORMATION MANAGEMENT SYSTEM (LIMS) Summary Evaluation Matrix CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER - ELISA COVINGTON Request for Proposal No.:BI-0050-11 Evaluation Criteria Maximum Score Perkin Elmer Health Sciences, Inc., Shelton, CT LabLynx, Inc., Smyrna, Georgia Promium, LLC. Bothell, WA STARLIMS Corporation Hollywood, Florida Technical Solution 30 28.95 15.60 18.45 21.60 Proposer's Profile & Qual. 20 18.20 11.00 10.40 12.60 Pricing 40 26.81 40.00 32,73 9.98 Exceptions 10 10.00 10.00 10.00 10.00 Total Score 100 83.96 76.60 71.58 54.18 Total Award $ 109,256.00 $ 73,220.00 $ 89,484.00 $ 293,608.41 Note: Accelerated Technology Laboratories, Inc., West End, North Carolina, submitted a proposal in the amount of $102,993.80, but conditioned their offer subject to accepting the terms and conditions of their compnay in lieu of the City's terms included in the RFP. Therefore, their offer was deemed as non-responsive. -31- 4 City of Corpus ar Christi .....r AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: June 23, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com (361) 826-3169 Award for lease purchase of eight (8) pickup trucks and the purchase of ten (10) pickup trucks, four (4) cargo vans, one (1) sport utility vehicle, and two (2) heavy duty trucks. (Bid Invitation No. BI -0151-11) PURPOSE: Motion approving the lease purchase of eight (8) pickup trucks and the purchase of ten (10) pickup trucks, four (4) cargo vans, one (1) sport utility vehicle, and two (2) heavy duty trucks in the amount of $539,195. The vehicles are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI -0151-11, based on low bid and low bid meeting specifications. A1125 vehicles are replacement units to the fleet. These vehicles will be used by Solid Waste, Streets, Gas, Water, Storm Water and Wastewater Departments. Funding for the purchase of the vehicles is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease purchase of the pickup trucks will be provided through the City's lease/purchase financing contractor. Champion Ford Corpus Christi, TX Items: 1-10 $497,924 Grand Total: $539,195 Access Ford Corpus Christi, TX Item: 11 $41,271 BACKGROUND AND FINDINGS: These vehicles will be used by Solid Waste, Streets, Gas, Water, Storm Water and Wastewater Departments for daily operations. All 25 vehicles are replacements to the fleet. ALTERNATIVES: Access Ford, Corpus Christi, Texas submitted the apparent low bid for items 1, 3, 4, 8 and 10; however, Access Ford did not meet the City's specification requirements regarding the heavy duty towing package, compressed natural gas prepared package option, cab -to -axle and wheel base measurements, cab size and gross vehicle weight rating. FINANCIAL IMPACT: X Not Applicable o Operating Efense o Revenue o CIP FISCAL YEAR: Current Year Future Years TOTALS Purchase Lease Purchase Budget Purchase 5,097,560.56 5,097,560.56 Lease Purchase 1,916,367.65 1,916,367.65 Encumbered/Expended amount as of 6/24/11 Purchase (3,434,394.38) (3,434,394.38) Lease Purchase (1,775,256.67) (1,775,256.67) This Item Purchase (395,908.00) (395,908.00) Lease Purchase * (23,913.26) (130,567.54) (154,480.80) BALANCE Purchase 1,267,258.18 1,267,258.18 Lease Purchase 117,197.72 117,197.72 FUND(S): Fleet Maintenance Services, Solid Waste Refuse Collection Services and Street Operations Asphalt Maintenance * The dollars budgeted in the current fiscal year to support the lease purchase payments for the vehicles will be encumbered and "rolled" into FY2011-2012. Comments: Funding for the vehicle purchases, in the amount of $395,908, is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY2010-2011. Financing for the lease purchase of the pickup trucks is based on a sixty -month term with an estimated interest rate of 3% for an annual payment of $30,896.16. The total estimated cost over the five year period, including principle of $143,287 and interest of $11,193.80, is $154,480.80. Funding is available through the Solid Waste Refuse Collection and Street Operations Asphalt Maintenance Funds. RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. DEPARTMENTAL CLEARANCES: Gas Operations Fleet Maintenance Services Solid Waste Services Storm Water Department LIST OF SUPPORTING DOCUMENTS: BI -0151-11 Bid Tabulation Street Operations Wastewater Operations Water Operations cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Debbie Marroquin, Director of Gas Operations Jim Davis, Director of General Services Lawrence Mikolajczyk, Director of Solid Waste Services Valerie Gray, Director of Storm Water and Street Operations Foster Crowell, Director of Wastew terOperations Gustavo Gonzalez, Director of Water Operations CITY OF CORPUS CHRISTI PURCHASING DIVISIONS BUYER: SAVANNAH KIRKPATRICK DATE: JULY 19, 2011 DESCRIPTION 1. Series (PU-1), ' Ton Ext. Cab Compact Pickup, 8' Bed, In Accordance with Specification No. 1014. Color— White. Gas Department 2. Lease Purchase- Units Series (PU-2), %Ton Standard Cab Pickup, 8' Bed, In Accordance with Specification No. 1014. Color— White. Solid Waste Services 3. Lease Purchase Series (PU-2), % Ton Ext. Cab Pickup, 6 1/2' Bed, In Accordance with Specification No. 1014. Color— White. Street Operations 4. Series (PU-2), 1/2 Ton, Ext. Cab Pickup, Short (6 1/2') Bed, In Accordance with Specifications No. 1014. Color - White. Wastewater Department 5. Series (PU-2HD), 1/2 Ton, 4x4, Ext. Cab Pickup, Long (8') Bed, In Accordance with Specifications No. 1014. Color- White. Water Department 6. Series (PU-2R0), 1/2 Ton, 4x4, Crew Cab Pickup, Short (6' ') Bed, In Accordance with Specification No. 1014. Color — White. Storm Water Department 7. Series (PU-3HD), % Ton, Ext. Cab Pickup, Short (6 1/2') Bed, In Accordance with Specification No. 1014. Color— White. Gas Department 8. Series (V-4), ' Ton Full Size Cargo Van. In Accordance with Specifications No. 1014. Color - White. Wastewater Department 9. Series (SUV -1 Compact) 4 -Door Sport Utility Vehicle, In Accordance with Specification No. 1015. Color- White. Water Department 10. Series (HT -1.5) 16,500 lbs. GVWR, Regular Cab and Chassis, 108" cab -to - axle, with Stakebed Body. In Accordance with Specifications No. 1009 and 1013. Color — Cab -White, Body -Black. Solid Waste Services 11. Series (HT -1) 13,000 lbs. GVWR Crew Cab and Chassis, 60 inch cab -to -axle, with Service Body and Canopy Top. (Rawson - Koenig # E601394, No Exception). In Accordance with Specifications No. 1009, 1012, and 1013. Color— White. Gas Department TOTAL AWARD: BID TABULATION BID INVITATION NO. BI -0151-11 PICKUPS & VANS GRAND TOTAL AWARD: $539.195.00 * Access Ford Corpus Christi, Texas submitted the apparent low bid for items 1, 3, 4, 8, and 10; however, Access Ford did not meet specification requirements due to cab size, gross vehicle weight rating, heavy duty tgwyrg package, compressed natural gas prepared package option and cab -to -axle and wheel base measurements. J / (')Access Ford Corpus Christi, Texas Champion Ford Corpus Christi, Texas Mike Shaw Toyota Corpus Christi, Texas Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price QTY UNIT 1 Each 515,086.00 * $15,489.00 $15 469.00 $23 877.58 523,877.58 6 Each 16,822.00 515,088.00 100,932.00 16,676.00 100.056.00 24223.74 145,342.44 3 Each 19,728.00 * 19,969.00 59.907.00 28 227.00 84,881.00 3 Each 19,001.00 59,184.00 * 19,239.00 57.717.00 26 839.48 80,518.44 1 Each 23,872.00 57,003.00 23,872.00 23,581.00 23.581.00 32 246.49 32,246.49 2 Each 26,749.00 53,498.00 26,616.00 53.232.00 31,971.18 63,942.36 2 Each 22,961.00 45,922.00 22,799.00 45.598.00 29 108.00 58,216.00 4 Each 19,212.00 * 21,629.00 86.516.00 No Bid No Bid 1 Each 20,071.00 76,848.00 20,071.00 19,999.00 19.999.00 22 528.10 22,528.10 1 Each 35,351.00 * 35,849.00 35.849.00 No Bid No Bid 1 Each 41,271.00 35,351.00 41.271.00 45,038.00 45,038.00 No Bid No Bid 541,271.00 $497,924.00 GRAND TOTAL AWARD: $539.195.00 * Access Ford Corpus Christi, Texas submitted the apparent low bid for items 1, 3, 4, 8, and 10; however, Access Ford did not meet specification requirements due to cab size, gross vehicle weight rating, heavy duty tgwyrg package, compressed natural gas prepared package option and cab -to -axle and wheel base measurements. J / 5 �►1■ Coy of Corpus B Christi Issarpommoss AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: June 23, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com (361) 826-3169 Award for lease purchase of five (5) heavy trucks and the purchase of eight (8) heavy trucks (Bid Invitation No. BI -0166-11) PURPOSE: Motion approving the lease purchase of five (5) heavy trucks and the purchase of eight (8) heavy trucks in the amount of $1,528,225. The heavy trucks are awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI -0166-11, based on low bid. All 13 heavy trucks are replacement units to the fleet. These heavy trucks will be used by Gas, Solid Waste, Storm Water, Street and Wastewater Departments. Funding for the purchase of the heavy trucks is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund. Financing for the lease purchase of the vehicles will be provided through the City's lease/purchase financing contractor. Corpus Christi Freightliner Santex Truck Center LTD Rush Truck Center Corpus Christi, TX San Antonio, TX San Antonio, TX Items: 1-5 Item: 6-8 Item: 9-10 $598,450 $415,227 $514,548 Grand Total: $1,528,225 BACKGROUND AND FINDINGS: These heavy trucks will be used by Gas, Solid Waste, Storm Water, Streets, and Wastewater Departments for daily operations. All 13 vehicles are replacements to the fleet. ALTERNATIVES: FINANCIAL IMPACT: Not Applicable Operating ExpenseX Revenue o CIP —41— FISCAL YEAR: Current Year Future Years TOTALS Purchase Lease Purchase Budget Purchase 5,097,630.56 5,097,630.56 Lease Purchase 807,279.35 807,279.35 Encumbered/Expended amount as of 6/24/11 Purchase (3,830,302.38) (3,830,302.38) Lease Purchase (746,736.80), (746,736.80) This Item Purchase (928,651.00) (928,651.00) Lease Purchase * (21,550.00) 632,888.00 654,438.00 BALANCE Purchase 338,677.18 338,677.18 Lease Purchase _ 38,992.55 38,992.55 FUND(S): Fleet Maintenance Services, Gas, Solid Waste, Storm Water Street and Wastewater Departments * The dollars budgeted in the current fiscal year to support the lease purchase payments for the heavy trucks will be encumbered and "rolled" into FY2011-2012. Comments: Funding for the heavy trucks purchases, in the amount of $928,651, is available in the Capital Outlay Budget of the Fleet Maintenance Services Fund for FY 2010-2011. Financing for the lease purchase of the heavy trucks is based on a sixty -month term with an estimated interest rate of 3.5% for an annual payment of $130,887.60. The total estimated cost over the five year period, including principle of $599,574.00 and interest of $54,864.00, is $654,438.00. RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. DEPARTMENTAL CLEARANCES: Gas Operations Fleet Maintenance Services Solid Waste Services Storrn Water Department LIST OF SUPPORTING DOCUMENTS: BI -0166-11 Bid Tabulation Street Operations Wastewater Operations cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Debbie Marroquin, Director of Gas Operations Jim Davis, Director of General Services Lawrence Mikolajczyk, Director of Solid Waste Services Valerie Gray, Director of Storm Water and Street Operations Foster Crowell, Director of Wastewater Operations —42— CITY OF CORPUS CHRISTI PURCHASING DIVISIONS BUYER: GABRIEL MALDONADO DATE: JULY 19, 2011 DESCRIPTION 1. Lease Purchase - Series (HT -4) 33,000 Ibs. GVWR, Standar Cab & Chassis, 72 in CA, w/5-7 cu. yd. Dump Body. Color- White. Street Department 2. Purchase - Series (HT -4) 33,000 lbs. GVWR, Standar Cab & Chassis, 72 in CA, w/5-7 cu. yd. Dump Body. Color- White. Gas Department 3. Lease Purchase - Series (HT -4) 33,000 Ibs. GVWR, Standar Cab & Chassis, 150 in CA, w/Brush Dump Body. Color -White. Solid Waste Department Purchase - Series (HT -5) Crane Truck, 33,000 Ibs. GVWR, Standard Cab & Chassis, 138 in CA, w/16' Flat Bed Body & Front Mounted 14,500 Ib. Rated Crane Color- White. Gas Department 5. Purchase - Series (HT -4) 33,000 Ibs. GVWR, Crew Cab & Chassis, 120 in CA, w/Dutec Flat Bed Body. Color- White. Waste Water Department 8. Purchase - Dump Truck, 56,000 GVWR, 108" CT, w/1 12 cu. yd. Dump Body. Color- White. Waste Water Department 7. Purchase - Dump Truck, 56,000 GVWR, 106" CT, w/1 12 cu. yd. Dump Body. Color- White. Waste Water Department 8. Purchase - Dump Truck, 56,000 GVWR, 108" CT, w/1 12 cu. yd. Dump Body. Color- White. Storm Water Department 9. Purchase - Dump Truck, 58,000 GVWR, 131" to 133" CT, w/CNG Engine & Fuel System, 10-12 cu. yd. Dump Body. Color - White. Storm Water Department 10. Lease Purchase - Dump Truck, 58,000 GVWR, 131" to 133" CT, w/CNG Engine & Fuel System, 10-12 cu. yd. Dump Body. Color - White. Street Department BID TABULATION BID INVITATION NO. 8I-0166-11 HEAVY TRUCKS 13 TOTAL AWARD: GRAND TOTAL AWARD: V $696,460.00 $1,620,225.00 -43- 3415.227.00 $514.546.00 Corpus Christi Freightliner Corpus Christi, Texas Santex Truck Center LTD San Antonio, Texas Rush Truck Center Houston, Texas Grande Truck Center San Antonio, Texas Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price Unit Extended Price Price QTY UNIT 2 Each $80,455.00 V $180.910.00 $85 528.00 $171,056.00 $97,579.00 $195,158.00 NO BID 1 Each 78,722.00 1 78 722.00 82,725.00 82,725.00 95,879.00 95,879.00 NO BID 1 Each 95,632.00 V 95.632.00 99 260.00 99,260.00 119,249.00 119,249.00 NO BID 1 Each 161,610.00 V 161.610.00 165421.00 165,421.00 183,496.00 183,496.00 NO BID 1 Each 101,576.00 1101.576.00 102673.00 102,673.00 140,964.00 140,964.00 NO BID 1 Each 106,995.00 106,995.00 106,447.00 V106 135,800.00 135,800.00 126,439.00 126,439.00 1 Each 103,495.00 103,495.00 103,190.00 b 103.190.00 131 055.00 131,055.00 122,919.00 122,919.00 2 Each 103,365.00 208,730.00 102,795.00 V 205.590.00 130 695.00 261,390.00 122,787.00 245,574.00 1 Each 185,650.00 185,650.00 NO BID 171,516.00 V 171.516.00 NO BID 2 Each 185,570.00 371,140.00 NO BID 171,516.00 1343.032.00 NO BID 13 TOTAL AWARD: GRAND TOTAL AWARD: V $696,460.00 $1,620,225.00 -43- 3415.227.00 $514.546.00 6 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: June 27, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 826-3169 Diesel Engine for Storm Water Power Street Pump Station PURPOSE: Motion approving the purchase and installation of a 385 horsepower Diesel Industrial Engine from Holt Texas, LTD, San Antonio, Texas, based on only bid, in accordance with Bid Invitation No. 13I- 0160-11 for a total amount of $201,300. This engine will replace an existing engine that has reached its service life. Funds are available in the FY 2010/2011 operations budget of the Storm Water Department. BACKGROUND AND FINDINGS: This engine will replace a 1985 model engine currently in operation. Parts for the existing engine have become hard to locate and have delayed repairs due to the scarcity of these items. This engine is one of three units at the Power Street Pump Station used to pump water from the Downtown area, Two pump stations serve the Downtown area and are primarily needed during storm surges and floods. ALTERNATIVES: Specifications identified a Caterpillar engine be provided. This will provide for standardization of parts across the other two existing caterpillar engines located at the Power Street Pump Station. Holt Texas, Inc is the exclusive caterpillar dealer in South Texas. The local Holt Caterpillar dealership located at 1319 SPID will be the delivering, installing and servicing dealer for this equipment. OTHER CONSIDERATIONS: This award is for the removal of an existing engine and drive gear, preparation of the area for receipt of the new engine, installation of the new engine and drive gear, connection to all piping and control equipment, start up and three day training of City personnel in the proper operation and maintenance of the equipment. This procurement is a cooperative effort between the Engineering Department and Purchasing Division to contact directly with the engine dealer in lieu of a general contractor. —47— FINANCIAL IMPACT: o Not Applicable X Operating Expense ❑ Revenue Page 2 of 2 ❑ CIP FISCAL YEAR Project to Date Exp. CIP Only Current Year Future Years TOTALS Budget $180,000 Encumbrance/Expended amount as of June 27, 2011 This Item 201,300 Balance ($21,300)' Funds : Storm Water Fund 4300 ' Funds in the amount of $30,555 are available for transfer in the operating cost control budget of Organization No. 32040. Comments: This expenditure is programmed in the FY 2010/2011 operating budget of the Storm Water Department. RECOMMENDATION: Staff recommends award of the item as submitted. CONFORMITY TO CITY POLICY: This procurement is in conformance with all City policies and State Statutes governing procurement. EMERGENCY / NON -EMERGENCY: NA DEPARTMENTAL CLEARANCES: Storm Water Department Engineering Department LIST OF SUPPORTING DOCUMENTS: Bid Tabulation cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Valerie Gray, Director of Storm Water Operations Pete Anaya, Director of Engineering —48— Item City of Corpus Christi July 19, 2011 Michael Barrera Descri 'tion Supply and Install a 385 HP diesel industrial engine at the Power Street Pump Station. Work to include removal of existing engine, preparation of area for new engine, installation of new engine, start-up and test run and 3 days of training for 1 Storm Water staff. each $201,300 Bid Tabulation BI -0160-11 Diesel Industrial Engine Holt Texas, LTD San Antonio, Texas Unit Total Cost —49— 7 v...r DATE: City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 June 20, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com (361) 826-3169 Award for purchase of new and replacement play structures and park equipment for seven (7) City parks. PURPOSE A. Motion approving the purchase of playground equipment from T.F. Harper & Associates LP, Austin, Texas based on the Cooperative Purchasing Agreement with the Texas Local Govemment Cooperative, in the amount of $63,130.68. The purchase is for new and replacement park equipment for Solar Estates, Woodlawn, John Jones, Claremont, Lincoln, and Sands parks. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 08) CIP Fund. B. Motion approving the purchase and installation of three PlayWorld Challenger play structures and ground coverings from The Playwell Group, Inc., Dallas, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $109,000.95. The play structures and ground coverings are for Lincoln, Solar Estates, and Hans and Pat Suter Wildlife parks. Funding is budgeted and available in the Parks and Recreation 2008 Tax Note CIP and 2010 General Obligation (Bond 08) CIP Funds. BACKGROUND AND FINDINGS: The Capital Improvement Project in the 2008 Bond Program provides funding to purchase new and replacement playground equipment for the following City parks as part of the Neighborhood Park Playground and Park Improvement Project: • Woodlawn Park- 842 Erwin Avenue • John Jones Park- 4320 Shaw Street • Claremont Park- 701 Caddo Street • Lincoln Park- 4400 Atkins Drive • Sands Park- 1802 Silversands Drive • Solar Estates Park- 2334 Rain Mist Lane • Han and Pat Suter Wildlife Park- 6000 Ennis Joslin Road The current park equipment at the parks is out -dated and does not meet current safety standards. The new and replacement equipment will enhance the use and overall appearance of the parks. The cost of the PlayWorld Challenger play structures includes installation; however, the remaining park equipment will be installed by Parks and Recreation staff, with an estimated completion date of Fall 2011. Other scheduled improvements include new and replacement sidewalks with ADA access, walking trails, lighting, trees and community gardens. The total cost for the park improvements is an estimated $750,000 at approximately $50,000 for each park, of which $350,000 is budgeted for FY2010-2011. ALTERNATIVES: Alternatives considered were that current park and playground equipment remain as is or to internally develop concepts and solicit formal bids. —53— FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 350,000 400,000 750,000 Encumbered/Expended amount as of (DATE) 0 0 0 0 This item 0 172,131.63 0 -172,131.63 BALANCE 0 177,868.37 400,000 577,868.37 FUND(S): Parks and Recreation 2010 General Obligation CIP (Bond 08) Fund Comments: The cost of the play structures and park equipment is $172,131.63. The CIP funds have $750,000 allocated for the Neighborhood Park Playground and Park Improvement Project, of which $350,000 is budgeted for FY2010-2011. RECOMMENDATION: Staff recommends approval of the motion as presented. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Parks and Recreation Engineering LIST OF SUPPORTING DOCUMENTS: BI -0153-11 Price Listing Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Michael Morris, Director of Parks & Recreation Pete Anaya, Director of Engineering —54— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SAVANNAH KIRKPATRICK DATE: JULY 19, 2011 ITE 1 2 3 4a 4b 5 6a 6b 7 PLAY STRUCTURES AND PARK EQUIPMENT FOR PARKS TEXAS LOCAL GOVERNMENT COOPERATIVE CONTRACT #346-10 A B SUBTOTAL TOTAL -55- $63,130.68 V $172,131.63 I/ $109,000.95) T.F. HARPER & ASSOCIATES, LP AUSTIN, TEXAS THE PLAYWELL GROUP, INC. DALLAS, TEXAS • EXTENDED EXTENDED DESCRIPTION QTY UNIT UNIT PRICE PRICE UNIT PRICE PRICE WOODLAWN PARK Burke and Ultraplay Park Equipment 1 EA $13,788.00 $13,788.00 JOHN JONES PARK Burke, Sportsplay and Ultraplay Park 1 EA 14,399.92 14,399.92 Equipment CLAREMONT PARK Ultraplay Park Equipment 1 EA 308.00 308.00 LINCOLN PARK Burke and Sportsplay Park Equipment 1 EA 3,534.84 3,534.84 Playworld Challenger and Safesurf 1 EA $29,766.42 $29,766.42 Playground Equipment and Installation SANDS PARK Burke and Ultraplay Park Equipment 1 EA 14,940.00 14,940.00 SOLAR ESTATES PARK Burke, Sportsplay and Ultraplay Park 1 EA 10,620.92 10,620.92 Equipment Playworld Challenger and Safesurf 1 EA 31,198.76 31,198.76 Playground Equipment and Installation HAN & PAT SUTER WILDLIFE PARK Playworld Challenger and Safesurf 1 EA 48,035.77 48,035.77 Playground Equipment and Installation Freight and Supplier Surcharge for 1 EA 5,539.00 5,539.00 Burke, Sportsplay and Ultraplay Park Equipment SUBTOTAL TOTAL -55- $63,130.68 V $172,131.63 I/ $109,000.95) 8 JCity of' Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: 06/24/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 PURPOSE Award for purchase: Dredge Machine (Bid Invitation No. BI -0170-11) Motion approving the purchase of a dredge machine from SRS Crissafulli, Inc., Glendive, Montana in accordance with Bid Invitation No. BI -0170-11, based on low bid meeting specifications, for a total amount of $204,800. The equipment will be used at the O.N. Stevens Water Treatment Plant. Funds have been budgeted by the Water Department in FY2010-2011. BACKGROUND AND FINDINGS: The dredge equipment is required to remove solids from the sludge lagoons located at the O.N. Stevens Plant. Historically, the City has had to drain to the lagoons to remove the sludge. The process of draining the residuals creates operational challenges that prevent the water treatment plant from running at full capacity. The dredge equipment will allow for sludge removal without draining the lagoons. ALTERNATIVES: The bid received from, Liquid Waste Technology, LLC (LWT), New Richmond, Wisconsin does not meet the City's specification regarding the operating and drive motor requirements. An evaluation was performed by the department to have a contractor dredge the sludge from the lagoons. The estimated cost was $450,000. FINANCIAL IMPACT: o Not Applicable x Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget $ 450,000.00 $450,000.00 Encumbered/Expended amount as of (6/24/11) 80,068.60 80,068.60 This item 0 204,800.00 0 204,800.00 BALANCE 0 165,131.40 0 165,131.40 FUND(S): Water Department -59- RECOMMENDATION: Staff recommends awarding the purchase for the system to SRS Crissafulli, Inc., Glendive, Montana in the amount of $204,800. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water Department LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Gustavo Gonzalez, Director of Water Operations -60- CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO COUNCIL DATE: JULY 19, 2011 BID INVITATION NO. BI -0170-11 SLUDGE REMOVING DREDGE ( LIQUID WASTE TECHNOLOGY, LLC SRS CRISAFULLI, INC. NEW RICHMOND, WI GLENDIVE, MT ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1 Dredge equipment including installation and training. TOTAL: EACH $154,423.00 $154,423.00 UNIT PRICE $204,800.00 EXTENDED PRICE $204,800.00 $204,800.00 (*) Liquid Waste Technology, LLC (LWT), New Richmond, Wisconsin does not meet the City's technical specification regarding the operating and drive motor requirements. T 9 City of Corpus Christi Iresftsamos AGENDA MEMORANDUM for the City Council Meeting of 07/19/2011 DATE: July 8, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police 7)Tj2.1.7dAi/� Troyrcctexas.com (J / 886-2603 Auto Theft Protection Authority (ATPA) grant for program year 2011 - Approval of grant award and appropriation of funds PURPOSE: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 11 with a City cash match of $441,505, in-kind match of $14,019, and program income match of $9,224 for a total project cost of $857,222 and to execute all related documents. B. Ordinance appropriating $392,474from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant in the Police Department; and declaring an emergency. BACKGROUND AND FINDINGS: The City of Corpus Christi has received Year 11 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 70% from 1,515 to 448 in 2010. The grant provides funds for one Lieutenant to supervise the Unit, two sworn CCPD officers, and three civilians. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. In-kind contributions include office supplies, copy machine, and office space. Cash contributions from program income will cover travel expenses. The General Fund cash match is for three sworn officers who also work auto theft and auto burglary. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for over 15 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. ALTERNATIVES: None —65— OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue o CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 464,748 464,748 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 0 392.474 392.474 BALANCE 0 0 857,222 857,222 FUND: Police Grants Fund Comments: Year 11 of the grant requires at least a 20% match by the City. The match may be cash, in-kind, or program income. The Police General Fund will provide a cash match of $441,505 for sworn officers' salaries/benefits, in-kind contribution of $14,019 for office space/operating costs, and program income of $9,224for travel and other operating costs. The grant period is 9/01/11 — 8/31/12. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON -EMERGENCY: Item requires two readings. Request for emergency reading per Article II, Section 14 of the City Charter, because it is routine in nature and expediting it would allow for the efficient and effective administration of the city's affairs. DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Notice of Funding Award Motion / Ordinance Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —66— Grant Number: Grantee Name: Project Title: Grant Period: Texas Automobile Burglary and Theft Prevention Authority Statement of Grant Award SA -T01-10045-12 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 09/01/2011 - 08/31/2012 ABTPA Award: Grantee Cash Match: Grantee In -Kind Match: Total Project Cost: $392,474 $450,729 $14,019 $857,222 The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the above -referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant Application and Administration Guidelines (Guide) promulgated for this specific program fund (referenced above) through the Automobile Burglary and Theft Prevention Authority. Applicable special conditions are contained in the Guide or cited below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Guide. GRANTEE REQUEST FOR FUNDS All Grantee request for funds shall be submitted to ABTPA in accordance with the instructions provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and that required action on the part of the grantee have been satisfied. GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ATPA Rule contained in the Grant Application and Administration Guidelines for this specific program fund. JUN 147011 AWARD DATE CHARLES CALDWELL Automobile Burglary and Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78731 512/374-5101 -67- ORDINANCE APPROPRIATING $392,474 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS FUND TO CONTINUE THE MOTOR VEHICLE THEFT ENFORCEMENT GRANT WITHIN THE POLICE DEPARTMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $392,474 from the Texas Automobile Theft Prevention Authority (ATPA) is appropriated in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant within the Police Department. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on July 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form July 11, 2011 T. Tris a Dang Assistant City Attorney For City Attorney -68- Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb -69- 10 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 8, 2011 TO: Ronald L. Olson, City Manager FROM: Richie Quintero, Fire Chief RichieQ@cctexas.com (361) 826-3932 Application for a Hazardous Materials Emergency Preparedness Planning Grant for the City of Corpus Christi/Nueces County LEPC for program year 2011-2012 PURPOSE: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $35,500 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2012 Hazardous Preparedness (HMEP) Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a Hazardous Material Response Capability Assessment and to conduct two emergency response exercises, with a hard match of $7,100, and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. BACKGROUND AND FINDINGS: Nueces County is a highly industrialized community with a high risk for emergencies involving hazardous materials. Nueces County has major hazardous material highway transportation routes (i.e. IH -37; US 77; US 181), hundreds of miles of pipelines (represented by 69 companies), major railways (Kansas City Southern Railroad Company and BNSF Railway Company), over 10 major petroleum/chemical plants, a military base, and the 7th largest port in the U.S. In 2011, over 340 facilities reported using, storing, or manufacturing a hazardous substance or extremely hazardous substance above its Threshold Planning Quantity. Over 90 percent of the County's 317,000 people live within 10 miles of a "high risk" area. The general public requires constant education on the potential risks and proper actions to take in a chemical emergency; additionally local responders need continual training and practice in responding to such an event. If we are awarded the grant, this will be the eight consecutive year we receive a grant from the Governor's Division of Emergency Management for hazardous material preparedness training. ALTERNATIVES: If we don't apply and receive the grant, we will have to limit public education and responder training on hazardous material incidences. -73- OTHER CONSIDERATIONS: None FINANCIAL IMPACT: X Not Applicable o Operating Expense ❑ Revenue ❑ CIP Page 2 of 2 FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): Comments: The proposed FY 2011-2012 LEPC Budget is $94,739.95. This budget can absorb the 20% match of $7,100.00 RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. EMERGENCY/NON-EMERGENCY: • Item requires two readings. Request for emergency reading per Article II, Section 14 of the City Charter, because it is routine in nature and expediting it would allow for the efficient and effective administration of the city's affairs. DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: Grant Application Resolution Cc: R. Jay Reining, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -74- APPLICATION FORM- Due 1 August, 2011 to TDEM HMEP Application Coversheet for FY 2012 grant year 1. APPLICANT INFORMATION PLEASE TYPE ALL INFORMATION a. Legal Name of LEPC county or city: City of Corpus Christi/Nueces County LEPC Geographic area covered/Project Title: Nueces County b. Name of Grant Manager: Maricela Cuevas, LEPC Administrator Address: 2406 Leopard St., Suite 200 Corpus Christi, Texas 78408 e-mail address: marim@cctexas.com Telephone: (361) 826-3960 Fax: (361) 826-4417 c. Name of person writing final summary letter: Maricela Cuevas, LEPC Administrator Address: 2406 Leopard St., Suite200 Corpus Christi, Texas 78408 marim@cctexas.com e-mail address: Telephone: (361) 826-3960 Fax: (361) 826-4417 d. Name of person who will administer funds': Rick Ramos, LEPC Finance Chairperson Address: 2406 Leopard, St., Suite 300 Corpus Christi, Texas 78408 rickr@cctexas.com e-mail address: Telephone: (361) 826-3938 Fax: (361) 887-8053 e. County or City's Vendor Identification Number: 74-6000574 2. CERTIFICATION To the best of my knowledge and belief, all information in this application is true and correct. The document has been duly authorized by the [county judge, mayor, city manager] and a majority vote of the Local Emergency Planning Committee. The County/City of Corpus Christi will serve as fiscal agent for the project and comply with all contractual obligations if assistance is provided. NAME OF LEPC CHAIR: Richie Quintero SIGNATURE �/ SIGNATURE4::::, TELEPHONE: ,j 47/ -P2 -6o 3932.. FAX: 5/ /- Fri- 819T,.?July DAT". 8, 2011 m, NAME OF AUTHORIZED FISCAL AGENT_: Ronald R. Olson TITLE: Corpus Christi City Manager SIGNATURE TELEPHONE: (361) 826-3222 FAX: (361)826-3839 DATE: 1 This cannot be the LEPC Chair or grant manager. Must be a membe of the authorized fiscal agent. 2 This is the county or city fiscal agent that will manage of any and all montes awarded under this grant. Hazardous Materials Emergency Preparedness Grant FY2012 -75- 20 Applicant DESIGNATION STATEMENT City of Corpus Christi/Nueces County LEPC Date 07/19/2011 Project Title 2012 City of Corpus Christi/Nueces County LEPC HMEP Grant Mailing Address 2406 L enpard St , Suite 200 Corpus Christi, TX 78404 Project Manager Maricela Cuevas Phone (361) 826-3960 Title LEPC Administrator E -Mail Address: marim@cctexas.com Financial Officer* Rick Ramos Title LEPC Finance Chairperson Phone 361-826-3938 Total Project Budget: $ 35,500.00 (100%) HMEP Share: Local Share: $ 28,400 (80%) $ 7,100 (20%) *FINANCIAL OFFICER CANNOT BE THE PROJECT MANAGER CERTIFICATION I certify that I have the legal authority to make a commitment to the project on behalf of the applicant and that the project manager indicated above has the responsibility for the daily implementation of the proposed project. I certify that I am duly authorized to act on behalf of the recipient organization and the recipient agrees with the requirements of the "Offer and Acceptance" clause, and that the award is subject to the applicable provisions of 49 CFR § 110 et seq., 49 CFR Part 18, and of the provisions of TDEM Assistance Agreement Contract. I certify that the financial manager indicated above has the responsibility for the fiscal management of the grant and has the legal authority to certify all financial status reports, invoices and requests for payments that will be submitted. I certify that the information in the attach application is true to the best of my knowledge. By submitting this application, I am making a commitment to the proposed project, budget, match share and scope of work (Project Narrative and Work Schedule and Deliverables). iCcCbteNict5 LEPC Administrator 07/08/11 o Project Manager (print/signature) Title Date Hazardous Materials Emergency Preparedness Grant FY2012 —76- 22 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $35,500 TO THE TEXAS DEPARTMENT OF PUBLIC SAFETY, GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT, FOR FY 2012 HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP) GRANT PROGRAM FOR PUBLIC AWARENESS BROCHURES, SCHOOL BOOK COVERS, PRODUCTION AND BROADCAST OF PUBLIC SERVICE ANNOUNCEMENTS, TO CONDUCT A HAZARDOUS MATERIAL RESPONSE CAPABILITY ASSESSMENT AND TO CONDUCT TWO EMERGENCY RESPONSE EXERCISES, WITH A HARD MATCH OF $7,100, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $35,500 to the Texas Department of Public Safety, Governor's Division of Emergency Management, for FY 2012 Hazardous Materials Emergency Preparedness (HMEP) Grant Program for public awareness brochures, school book covers, production and broadcast of public service announcements, to conduct a hazardous material response capability assessment, and to conduct two emergency response exercises, with a hard match of $7,100, and is authorized to apply for, accept, reject, alter or terminate the grant. SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety, Governor's Division of Emergency Management, Hazardous Materials Emergency Preparedness Grant Program. ATTEST: Armando Chapa City Secretary APPROVED: July 7, 2011 By: T. Trisha Dang Assistant City Attorney For City Attorney —77— THE CITY OF CORPUS CHRISTI 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 David Loeb Resolution Vote Sheet —78— 11 IlaCity of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 19, 2011 TO: FROM: Ronald L. Olson, City Manager Fred Segundo, Director of Aviation Freds@cctexas.com 361.289.0171 ext. 1216 Ordinance appropriating $41,000 in Fund 4611 Airport Capital Reserve Fund authorizing the transfer of $41,000 to and appropriating in Fund 4610 - Airport Fund to fund capital expenditures at the Corpus Christi International Airport and changing the FY 2010-2011 Operating Budget adopted by Ordinance Na 028683 by increasing revenues and appropriations by $41.000 each PURPOSE. Ordinance appropriating $41,000 in Fund 4611 Airport Capital Reserve Fund and authorizing the transfer of $41,000 to Fund 4610 - Airport Fund to fund capital expenditures at the Corpus Christi International Airport. BACKGROUND AND FINDINGS: Covenants associated with the 2000A & B Series General Airport Revenue Bonds required the establishment of an airport capital reserve fund (Fund 4611) to purchase large equipment and fund capital projects for airport use. The Airport Capital Reserve Fund is funded from the Airport Fund (Fund 4610) which is programmed during the annual operating budget process. These funds are transferred to the Airport Capital Reserve Fund (Fund 4611) during the fiscaPyear for capital purchases, and then the amounts associated for specific equipment purchases during the year are transferred back to Fund 4610. However, this transfer is not included in the Adopted FY 10-11 Budget since the Airport Capital Reserve Fund (Fund 4611) is not a part of the operating budget. Approval of the Ordinance will return $41,000 to Fund 4610 to fund capital expenditures for one (1) Airport public safety vehicle and two (2) maintenance electric carts. The remaining $49,000 will be retained in Fund 4611 to fund future airport capital projects. ALTERNATIVES: No viable altemative exists other than foregoing the transfer and allowing the $41,000 to remain in Fund 4611 — Airport Capital Reserve Fund. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable X Operating Expense ❑ Revenue ❑ CIP —81— FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 41,000 0 41,000 Encumbered/Expended amount as of (DATE) 0 0 0 This item 0 0 0 0 BALANCE 0 41,000 0 41,000 FUND(S): Comments: The FY Proposed FY 2011-12 includes Fund 4611 to complete the flow of funds required by the Bond Covenant precluding this "housekeeping" item next fiscal year. RECOMMENDATION: Staff recommends approval of Ordinance as submitted CONFORMITY TO CITY POLICY: City Council approval is required for transfer between funds. EMERGENCY / NON -EMERGENCY: Emergency Reading due to fiscal year-end requirements DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Juan Perales, Assistant City Manager -82- Page 1 of 2 ORDINANCE APPROPRIATING $41,000 IN FUND NO. 4611 AIRPORT CAPITAL RESERVE FUND, AUTHORIZING THE TRANSFER OF $41,000 TO AND APPROPRIATING IN FUND NO. 4610 AIRPORT FUND TO FUND CAPITAL EXPENDITURES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; AND CHANGING THE FY 2010-2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING REVENUES AND APPROPRIATIONS BY $41,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $41,000 is appropriated in Fund No. 4611 Airport Capital Reserve Fund, authorizing the transfer of $41,000 to and appropriating in Fund No. 4610 Airport Fund to fund capital expenditures at the Corpus Christi International Airport and changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and appropriations by $41,000 each. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of July, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form July 13, 2011 Lisa Aguilar Assistant City Attorney For the City Attorney ORD-approp-AirportCapReserveV2 —83— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council.' Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott CRD -app rop-AirportCapRese rveV2 —84— 12 10y,,itypCofus 1 Cor Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 14, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director, Management & Budget eddieho@cctexas.com 826-3792 Appropriating additional revenue to be received from the utility departments for street cut repairs and increasing appropriations. PURPOSE: An ordinance appropriating $85,000 in the No. 1020 General Fund of additional revenues to be received from the utility departments for street cut repairs; changing the FY 2010-2011 Operating Budget adopted by Ordinance No. 028683 by increasing revenues and appropriations by $85,000 each; and declaring an emergency. BACKGROUND AND FINDINGS: The Street Operations FY 2010-2011 adopted budget requires an amendment to reflect the additional revenues and funding requirements that will result from increased utility cut street repairs due mostly to excessive water breaks. ALTERNATIVES: Cease other necessary street work to remain within existing appropriations. An alternative in the future would be for the City Street Department to consider awarding utility cut repair work to a private company. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIF FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget -Cut Repair Budget 453,621 453,621 Encumbered/Expended amount as of (DATE) 0 This item 0 85,000 0 85,000 BALANCE 0 538,621 0 538,621 Comments: The volume of utility related street repair work is greater than anticipated in the budget. —87- Additional revenue from utility departments will be realized and needs to be appropriated so funding is available for the repairs. RECOMMENDATION: Approval of ordinance as submitted EMERGENCY / NON -EMERGENCY: Item to be presented as an emergency because action needs to be taken prior to year end. DEPARTMENTAL CLEARANCES: Street Department Office of Management and Budget City Attorney LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Juan Pereles, Assistant City Manager Margie Rose, Assistant City Manager -88- Page 1 of 2 ORDINANCE APPROPRIATING $ 85,000 IN THE NO. 1020 GENERAL FUND FROM ADDITIONAL REVENUES TO BE RECEIVED FROM THE UTILITIES DEPARTMENTS FOR STREET CUT REPAIRS; CHANGING THE FY 2010-2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING REVENUES AND APPROPRIATIONS BY $85,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $85,000 in the No. 1020 General Fund of additional revenues from the Utilities Departments is appropriated for street cut repairs. SECTION 2. That the FY 2010-2011 operating budget adopted by Ordinance 028683 is changed to increase revenues and appropriations by $85,000 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of July, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form 4-1.- eti Cl/ , 2011 By: 0e -4'r Lisa Aga�}Yar Assistant City Attorney For City Attorney ORD-approp-StreetMtce-2011 —89— Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott ORD-approp-StreetMtce-2011 —90— 13 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: June 27, 2011 TO: FROM: Ronald L. Olson, City Manager Kim Womack, Director Public Information Kimw@cctexas.com (361) 826-3211 Authorization to accept $3,500.00 in donations to offset expenses incurred for the City Manager's Welcome Reception on May 4, 2011. PURPOSE A. Motion authorizing the City Manager to accept $3,500.00 in donations from various local organizations for expenses incurred in relation to the City Manager's Welcome Reception on May 4, 2011. B. Ordinance appropriating $3,500.00 in donations in the No. 1020 General Fund for expenses incurred in relation to the City Manager's Welcome Reception on May 4, 2011; changing FY 2010-2011 Operation Budget adopted by Ordinance No. 28683 by increasing revenues and expenditures by $3,500.00 each; and declaring an emergency. BACKGROUND AND FINDINGS: Sponsors were sought to underwrite expenses for the City Manager's Welcome Reception in order to hold a public event to welcome the new Manager and not incur expense to the City. Sponsor donations offset all expenses related to the event. ALTERNATIVES: None - without sponsors City would have incurred the cost at tax payer expense. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: o Not Applicable X Ooeratina Exoense x Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 0 0 Encumbered/Expended amount as of 6/27/11 -3,500 0 -3,500 This item 0 3,500 0 3,500 BALANCE 0 0 0 0 FUND(S): General Fund 1020. Comments: Acceptance and appropriation of funds will reimburse the Public Information Department —93— Comments: Acceptance and appropriation of funds will reimburse the Public Information Department for expenses incurred related to the reception. RECOMMENDATION: Staff recommends approval of the ordinance and change in budget. CONFORMITY TO CITY POLICY: This item conforms to City Policy and is routine in nature. EMERGENCY / NON -EMERGENCY: The item requires one reading and according to Article 0, Section 14 of the City Charter is classified as an "emergency" because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs." Passing the ordinance will allow funds received to date to be applied prior to the end of the fiscal year. DEPARTMENTAL CLEARANCES: Legal Finance LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —94— Page 1 of 2 ORDINANCE APPROPRIATING $3,500 IN DONATIONS IN THE NO. 1020 GENERAL FUND FOR EXPENSES INCURRED IN RELATION TO THE CITY MANAGER'S WELCOME RECEPTION ON MAY 4, 2011; CHANGING FY 2010-2011 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 028683 BY INCREASING REVENUES AND EXPENDITURES BY $3,500 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $3,500 in donations in the No. 1020 General Fund is appropriated for expenses incurred in relation to the City Manager's Welcome Reception on May 4, 2011. SECTION 2. That the FY 2010-2011 operating budget adopted by Ordinance 028683 is changed to increase revenues and expenditures by $3,500 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2011. ATTEST: Armando Chapa City Secretary Approved oLtto 5 , 2011 Lisa Agu Assistant City Attorney For City Attorney Ord-approp-for CM Welcome-2011.docx CITY OF CORPUS CHRISTI Joe Adame Mayor —95— Corpus Christi, Texas Day of , 2011 Page 2 of 2 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ord-approp-for CM Welcome-2011.docx —96— 14 City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 7, 2011 TO: Ronald L. Olson, City Manager FROM: Foster Crowell, Director of Wastewater Operations foster(5cctexas.com 361/857-1801 Padre Island Yacht Club Lease Extension and Renewal PURPOSE: Ordinance authorizing City Manager, or designee, to execute a 14 year lease agreement (with an option to renewal for an additional 10 years at City Council's discretion) with the Padre Island Yacht Club that supersedes the current 10 year lease that expires on July 11, 2015. BACKGROUND AND FINDINGS: The City of Corpus Christi currently leases 2.55 acres of property adjacent to the Whitecap Wastewater Treatment Plant to the Padre Island Yacht Club. The Club has requested an extension and renewal of their current lease, which expires on July 11, 2015. This replacement lease will assist the Club in its effort to refinance its loans and make needed improvements to its facilities. The new lease will expire on July 11, 2025. ALTERNATIVES: Do not extend lease. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense XX Revenue ❑ CIP Fiscal Year: 2010-2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended Amt. This item $2,000 $26,000 $28,000 Balance: $2,000 $26,000 $28,000 —99— Page 2 of 2 Comments: Club will pay City 10% of gross income or $2,000 annually, whichever is greater from reoccurring monthly assessments and slip rentals. RECOMMENDATION: Staff recommends the approval of the agenda item. CONFORMITY TO CITY POLICY: City Council approval is required for all leases. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal, Parks & Recreation, and Wastewater Departments. LIST OF SUPPORTING DOCUMENTS: Request for extension and renewal of current lease from Padre Island Yacht Club Lease Agreement Certificate of Liability Insurance Cc: Michael Morris, Director, Parks & Recreation R. Jay Reining, First Assistant City Attorney Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager -1 0 0- ORDINANCE AUTHORIZING CITY MANAGER, OR DESIGNEE, TO EXECUTE A 14 YEAR LEASE AGREEMENT (WITH AN OPTION TO RENEWAL FOR AN ADDITIONAL 10 YEARS AT CITY COUNCIL'S DISCRETION) WITH THE PADRE ISLAND YACHT CLUB THAT SUPERSEDES THE CURRENT 10 YEAR LEASE THAT EXPIRES ON JULY 11, 2015; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a 14 year Lease Agreement (with an option to renew for an additional 10 years at the discretion of City Council) with Padre Island Yacht Club that supersedes the current 10 year lease that expires on July 11, 2015. The Lease Agreement is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3 of the City Charter, the Lease Agreement begins on the 61st day after City Council adoption of this ordinance on second and final reading and will have a term of 14 years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is 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. PI Yacht Club Pier Lease Ord 07012011.docz —101— 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 David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr, Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote. Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: day of 1,7" ,2011: R. ring First Asis Stant CityAttorney For City Attorney PI Yacht Club Pier Lease Ord 07012011.docx —102- 2 2011 PIER LEASE, AMENDING, EXTENDING, RENEWING, AND SUPERSEDING, 1995 AND 2005 PIER LEASES BETWEEN THE CITY OF CORPUS CHRISTI AND PADRE ISLAND YACHT CLUB STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, the City of Corpus Christi, a Texas home -rule municipal corporation, ("City") owns certain submerged and upland real estate adjacent to the Padre Island Wastewater Treatment Plant ("Whitecap Plant"); WHEREAS, the Padre Island Yacht Club, a Texas nonprofit corporation, ("Club") desires to lease certain property from City and to construct certain piers; WHEREAS, Club recognizes that the Whitecap Wastewater Treatment Plant treats wastewater and that there are certain unavoidable odors associated with treating wastewater; and WHEREAS, City has no responsibility to Club for air freshness. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this lease, City, acting by its duly authorized City Manager, or designee, ("City Manager") and Club agree as follows: 1. Premises. City leases to Club a 40 foot wide by 795 foot long portion of submerged land adjacent to the Whitecap Plant, as described by metes and bounds on the attached and incorporated Exhibit A. Further, City leases to Club an adjacent strip of upland 100 feet wide by 795 long, as shown on Exhibit A, for a total leased area of 2.55 acres, collectively called "premises." 2. Term: a. The original term of the 1995 lease was ten (10) years. The term of the 2005 lease was also for ten (10) years, commencing on July 11, 2005. The term of this lease shall be to extend the lease term to July 11, 2025 ( "lease termination date"). b. The Club has the option, with the approval of the City Council to renew this lease for an additional ten (10) year term after the July 11, 2025 lease termination date ("renewal option"). c. At least two (2) years prior to the lease termination date of July 11, 2025, the Club shall give the City Manager written notice of whether the Club intends to exercise the renewal option. Within sixty (60) days after the written notification, the City Council will Page 1 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.dn 3_ EXHIBIT A advise the Club whether they approve the renewal. The approval may not be unreasonably withheld. 3. Rental Payments. a. Club agrees to pay ten percent (10%) of all gross income or $2000 annually, whichever is greater, from reoccurring monthly assessments and slip rentals, in advance on or before the tenth (10th) of each month. b. Club shall keep records of the monthly dues and slip rent received. Club records of monthly dues and rent received must be open to City Manager's designated representative during Club's business hours. These records must be retained for five (5) years after expiration or other termination of this lease. 4. Improvements. a. Improvements have been constructed by the Club upon the leased premises, including but not limited to, a clubhouse and boat slips, the improvements having been appropriately approved. b. All the facilities, including but not limited to piers, support structures, slips, buildings, clubhouse, parking, fencing, lighting, landscaping, and any other improvements, are collectively called the "Improvements." c. No future Improvement may be installed unless the improvement and related plans and specifications have been approved in advance by City Engineer. Each improvement must be inspected during and after construction or installation. d. Club shall obtain all necessary permits and comply with all federal, state, and local laws and regulations with respect to construction of and repairs to the pier and improvements. Any application to the Corps of Engineers ("Corps"), whether made in the name of City or Club, must shall be submitted to City Engineer for its approval before submission to the Corps, which approval will not be unreasonably withheld, and all related expenses must be paid for by Club. e. The design of all future improvements must conform to City's Building Code, any and all limitations in this lease, and must have prior written approval by the Padre Isles Property Owners Association Architectural Review Committee. Before start of construction on future improvements Club shall submit plans and specifications to the City Engineer ("City Engineer") for the City Engineer's written approval or provide written exceptions to the plans and specification, which exceptions must be considered and the plans and specifications resubmitted until written approval is obtained from City Engineer. f Once Club has obtained City Engineer's written approval of the plans and specifications for any future improvements, Club may either construct the Improvements with the labor and materials being supplied by Club members, or volunteers, or must bid out construction and materials. If any construction work is to be performed by or Page 2 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.dot04— materials to be supplied by other than Club members or volunteers, Club must receive bids from a minimum of three bidders before start of construction. Not all bidders may be members of Club. City Engineer must approve thq successful bidder before start of construction. All successful bidders must provide proof of insurance that meets City's requirements for similarly priced construction projects City must be named as Additional Insured. g. A boat pump out facility has been constructed upon the premises, the boat pump out facility is deemed to be an improvements, and all necessary approvals and permits for the boat pump out facility having been received. The Club shall exercise reasonable normal care and maintenance of the boat pump out facility. Provided that the has reasonable access at all times to the boat pump out facility. h. Improvements, such as the lighting, that cause complaints from adjacent or nearby property owners must be altered or removed reasonably to remedy the complaint and provide the improvement that Club desired, at Club's expense. 5. Maintenance. a. Club shall perform all maintenance of the premises including replacement of pilings, piers, pier superstructures, catwalks, catwalk superstructures, litter pickup and removal, mowing, weeding, fence and lighting repair, parking lot repair, repair of the boat pump out facility, and all other maintenance and Improvement maintenance that City Manager may require, to City Manager's satisfaction, at a level no less than the standard of maintenance by City. All other Improvements must be maintained at the same level of maintenance as the Whitecap Wastewater Treatment Plant buildings and grounds. b. Club shall repair all damages to the premises and improvements caused by its members or guests. 6. Renovation. a. Club shall perform normal renovations of the improvements, including replacement of pilings, piers, pier superstructures, catwalks, and catwalk superstructures, to City Manager's reasonable satisfaction, at a level no less than the standard of original construction, reasonable wear and tear excepted. b. Before undertaking any renovation, Club shall submit plans and specifications to City Engineer, who must provide written approval of the plans and specifications or provide written exceptions to the plans and specifications. The exceptions must be considered and the plans and specifications must be resubmitted until written approval is obtained from City Engineer. The City Engineer's approval may not to be unreasonably withheld. 7. Utilities. Club is responsible for extension of all utility services, including meters, hook up, and payment of all service charges and monthly charges for utilities. 8. Control and Use. Club shall control the use and charges for the premises. However, as part of the consideration for this lease, Club shall provide, free of charge, one slip for Page 3 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.doft 5 berth of a search and rescue vessel. The search and rescue vessel need not be provided by Club, but by some governmental agency. All other slips must be used for berthing of individual pleasure craft belonging to or in the custody of Club members or guests. No live-aboards will be permitted on the Premises. 9. Reverter. Upon expiration of this lease, all rights and possession of the premises, and any improvements to the premises revert to City. 10. Right to Enter. During this lease, City personnel have the right to enter the premises at all reasonable times for the purposes of inspection, fire, police, and other safety actions, and the enforcement of this lease, or if access is needed for operations at the Whitecap Plant. If City needs access across the premises, Club shall permit the access up to and including removal or relocation of club Improvements. 11. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessee's performance under this Lease; (2) Lessee's use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by lndemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of lndemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Page 4 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.dit0 6_ Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any the liability, injury, damage, loss, demand, claim, or action. 12. Insurance a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit B, which is incorporated in this Lease by reference Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit B, constitutes grounds for termination of this Lease. b. The Certificate of Insurance with applicable policy endorsements must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance and applicable endorsements must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. In the event alcoholic beverages are to be served on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 18(a) of this lease. Page 5 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.doctc 07_ 13. Nonassignability. Club may not assign, mortgage, pledge, or transfer this lease, or any interest in this lease, without the prior written consent of the City Council, except as set out in this lease. 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease[, and including during any Holdover Period that may occur]. 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, personal property tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, by reason of any work or labor performed any mechanic, materials furnished by any materialman, or for any other reason. 16. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. 17. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. 18. Termination. Except as otherwise provided in this lease, City may terminate this lease on ninety (90) days notice whenever Club fails materially to comply with the provisions and covenants in this lease, and thereafter fails or refuses materially to comply within a reasonable time, stated in writing, after receiving written detailed notice of the violation, recommended cure, and reasonable period to cure. 19. Enforcement Costs. In the event any legal action or proceeding is under taken by the City to repossess the premises, collect the lease payment(s) due under this lease, collect for any damages to the premises, or to in any other way enforce the provisions of this lease, Club agrees to pay all court costs and expenses and the sum as a court of competent jurisdiction may adjudge reasonable as attorneys' fees in the action or proceeding, or in the event of an appeal as allowed by an appellate court, if a judgment is rendered in favor of the City. 20. No Pollution. Club shall ensure that no pollutant, effluent, liquid or solid waste material, litter, or trash from the premises is allowed to spill or collect in the water in the vicinity of the premises, on the premises, or on the Whitecap Boulevard peninsula adjacent to the club. It shall be Club's duty regularly to inspect for and remove accumulated waste material from the premises, the Whitecap Boulevard peninsula adjacent to the club, and the water areas adjacent to the Club's facilities, and properly dispose of the waste material in conformance with regulatory requirements. 21. Compliance with Laws. Club shall comply with all federal, state, and local laws, ordinances, rules, and/or regulations, as amended, including, without limitation, City's Fire Code, City's Technical Construction Codes, FEMA Regulations, Americans with Disabilities Act, Texas Commission on Environmental Quality rules and regulations, and the Coast Guard rules and regulations. Page 6of10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.docjc0 8_ 22. Taxes, Fees. Club shall pay all taxes that its use of the premises cause to be assessed against the premises or Improvements. Club shall pay all sales taxes and related taxes and fees incident to operation of the club on the premises or improvements. 23. Sanitary Sewer. a. Club's operation of sanitary sewer facilities, both at the clubhouse and the boat pump out facility, if any, must be in accordance with City's Code of Ordinances, Chapters 13 and 14, including, but not limited to, Building and Housing Standards Code, Technical Construction Codes, and Flood Hazard Prevention Code, and Chapter 55, Article XI, Commercial and Industrial Waste Disposal and Pretreatment, and "Greasetrap Ordinance," as same may be amended. b. It is intended that Club's presence at the premises may not in any manner affect City's required wastewater sampling at the adjacent Whitecap Wastewater Treatment Plant. Club may not dump, nor allow anyone visiting the Premises to dump any effluent or wastewater of any type into the water. All effluent or wastewater must be properly disposed of through Club's wastewater hookup or boat pump out facility. 24. Fencing. Club, at its expense, shall fence the premises from the street right-of-way and the treatment plant property so that no one can access the premises from the street or right-of-way property. The gate to the premises must be kept locked at all times club is not open. 25. Hours of Operation. Club may operate the premises from 6:00 a.m. to 12 midnight, 365 days a year. If nearby property owners complain about noise or nuisance and the complaints go unresolved, Wastewater Director has the authority to shorten the hours of operation. 26. Landscaping/screening. Landscaping for buffer must be required on the premises. A plan may be presented to Wastewater Director for approval, or Wastewater Director may present a landscaping plan to Club and approve a timetable for implementation. 27. Erosion. If, in the opinion of City Engineer or Wastewater Director, excessive erosion occurs along the shoreline of the premises as the result of Club's usage of the premises, Club shall repair and correct the erosion and do any other repairs needed to prevent the erosion from recurring. 28. Notices and Addresses. a. All notices, demands, requests or replies provided for or permitted by this lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram, or (4) by deposit with an overnight express delivery service at: Page 7of10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.<foto 9_ If to City: City of Corpus Christi Attention: Director of Wastewater Operations P.O. Box 9277 Corpus Christi, Texas 78469-9277 If to Club: Padre Island Yacht Club Attention: Commodore 14300 S.P.I.D. Corpus Christi, Texas 78418 b. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective one (1) business day after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service shall be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. 29. Modifications. No changes or modifications to this lease may be made, nor any provision waived, unless in writing signed by a person authorized to sign agreements on behalf of each party. 30. Hurricane Preparedness. In the event the area is threatened by a hurricane or some other emergency situation, Club shall comply with all reasonable orders of the Marina Superintendent or authorized representative under the Hurricane Preparedness Plan for the improvements, a copy of which is attached and incorporated as Exhibit C. A current copy of the Hurricane Preparedness Plan must be kept on file with the City Secretary's copy of this lease. Any time this plan is revised, the newest revision becomes the attached and incorporated Exhibit C. 31. Non-discrimination. Club, and all its members and guests, are responsible for the fair and just treatment of their respective employees, members, prospective members, and guests. Club warrants that it is, and will continue to be, an equal opportunity employer and covenants that no employee, member, prospective member, or guest will be discriminated against because of race, creed, color, disability or national origin. This non discrimination clause must be posted on the Premises and must set out the Wastewater Director's address and phone number. Violation of this provision by Club or any member or guest is cause for immediate termination of this lease by City. 32. Interpretation. This lease must be interpreted under the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. 33. Headings for Convenience. The headings contained in this lease are for convenience and reference only, and are not intended to define or limit the scope of any provision. Page 8 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.doqr 1 O _ 34. Entirety Clause. This lease and the exhibits incorporated and attached to this lease constitute the entire agreement between City and Club for the use granted. All other agreements, promises, and representations with respect to the use of the premises, unless contained in this lease, are expressly revoked, as it is the intention of the parties to provide for a complete understanding within the provisions of this document, and the exhibits incorporated and attached to this lease. The unenforceability, invalidity, or illegality of any provision of this lease may not render the other provisions unenforceable, invalid, or illegal. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager APPROVED: , 2011 R. Jay Reining First Assistant City Attorney For City Attorney Page 9 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.dofl 1 PADRE ISLAND YACHT CLUB By: John A. White, Sr. Director ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2011, by Ronald L. Olson, City Manager of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on the day of 2011, by John A. White, Sr., Director, of Padre Island Yacht Club, a Texas nonprofit corporation, on behalf of the corporation. Notary Public, State of Texas Page 10 of 10 PADRE ISLAND YACHT CLUB 2011 PIER LEASE 07082011.c2/(1 2_ EXHIBIT A CITY LIMIT LINE n.. er e1n1 3— e •y5'•. r t".?r•• 1' . .,.• i.. INSURANCE REQUIREMENTS I. PADRE ISLAND YACHT CLUB'S LIABILITY INSURANCE A. Padre Island Yacht Club must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Padre Island Yacht Club must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Padre Island Yacht Club must furnish to the City's Risk Manager or designee, two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a waiver of subrogation in favor of the City is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation is required on all certificates of insurance with applicable policy endorsements Bodily Injury and Property Damage Per occurrence / aggregate limit Ocean Marine Coverage 1. Marina Owners/Operators Liability coverage 2. Premises Liability — Broad Form General Liability 3. Products/ Completed Operations 4. Contractual Liability 5. Personal Injury & Advertising Injury 6. Fire Legal Liability $1,000,000 per occurrence form $250,000 Damage to Premises rented to you $5,000 Medical Payments Commercial Property Padre Island Yacht Club is responsible for their own insurable interests in their property Liquor Liability — when liquor being served or consumed $1,000,000 Inland Marine / Builders Risk If applicable In amount of value of the improvements Business Auto Liability to include Hired and Non- owned Auto Liability $1,000,000 Workers Compensation and/ or USL&H Employers Liability Applicable for paid employees Which complies with the Texas Workers Compensation Act and Section!! of this exhibit $500,000 / $500,000/ $500,000 C. In the event of accidents of any kind, Padre Island Yacht Club must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. EXl-1l fT B II. ADDITIONAL REQUIREMENTS A. If applicable, as stated in Section I -B, Table, Padre Island Yacht Club must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by Padre Island Yacht Club will be promptly met. B. Padre Island Yacht Club's financial integrity is of interest to the City; therefore, subject to Padre Island Yacht Club's right to maintain reasonable deductibles in such amounts as are approved by the City, Padre Island Yacht Club shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Padre Island Yacht Club's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Padre Island Yacht Club shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Padre Island Yacht Club shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Padre Island Yacht Club agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the Ocean Marine Coverage and Business Auto Liability coverage. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and -115- • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Padre Island Yacht Club shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Padre Island Yacht Club's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Padre Island Yacht Club's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Padre Island Yacht Club to stop work hereunder, and/or withhold any payment(s) which become due to Padre Island Yacht Club hereunder until Padre Island Yacht Club demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Padre Island Yacht Club may be held responsible for payments of damages to persons or property resulting from Padre Island Yacht Club's or its subcontractors' performance of the work covered under this agreement. H. It is agreed that Padre Island Yacht Club's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. NOTE: The limits and types of coverages are subject to adjustment if upon review of agreement, it is determined that the activity under this agreement requires increased levels and types of coverages. 2011 Padre Island Yacht Club ins. req. 5-9-11 ep Risk Mgmt —1 1 6— r PADRE ISLAND YACHT CLUB 2011 HURRICANE/EMERGENCY ACTION PLAN This Hurricane/Emergency Action Plan (hereafter Plan) for the Padre Island Yacht Club (hereafter PIYC) property and facilities has been developed with the coordination and approval of the Emergency Management Office, Marina and Police Departments of the City of Corpus Christi. It is current for the 2011 hurricane season and thereafter until replaced. rescinded or amended. This Plan will be reviewed by the Marina Superintendent and PIYC's General Manager on an annual basis prior to June 1st and any updates, corrections and/or revisions will be forwarded to the Emergency Management Office by that date. PIYC CONTACT LIST — 949-2248 Chuck Hoffman, Commodore, 13913 Skysail. 78418; Res.: 949-3112 or 949-7551: Cell: (361) 318-5063 Adra Campbell, Vice Commodore, 13606 Moro Lane, 78418; Res.: 949-4602; Cell: (361) 537-2355 Augie Wagner, Dockmaster; 15410 Fortuna Bay Drive #303, 78418; Res.: 949-3253; Cell: (949) 374-1999 CORPUS CHRISTI MARINA KEY PERSONNEL - Ofc.: 826-3980 Peter M. Davidson, Marina Superintendent Rene Garza, Marina Maintenance Technician GOVERNMENT OFFICES Police Department Fire Department Emergency Operating Center Emergency Management Office ... GENERAL PROVISIONS 886-2600 826-3900 826-1100 826-1100 National Weather Service Recorded Forecast Office Parks & Recreation Office .. 289-1861 289-0959 826-3461 1. The order to implement the Plan may be issued by the Mayor, City Manager, Emergency Management Coordinator or Marina Superintendent. 2. It shall be the sole responsibility of PIYC's Owners/Operators to secure or remove from the premises all equipment, furniture, materials, supplies and portable units stored outside or on the property and to secure the facility. 3. 1t shall be the sole responsibility of PIYC to insure no pollutants enter the waters of the adjacent waters from any operation owned/operated by PIYC i.e., grease traps, garbage, materials. etc. PIYC -1- 05/18/11 EXHIBni a 7 All owners/operators. managers. employees will be required to evacuate the PIYC when conditions threaten human safety as determined by the Police Chief or Marina Superintendent. PIYC will secure the area and insure all persons are off the PIYC premises. INCREASED READINESS ACTIONS FOR VARIOUS CONDITIONS This Plan is framed around four "conditions" which represent varying degrees of threatened emergencies and is based on the action to be taken as these conditions are known to develop through information received from the National Weather Service or any other sources. These conditions are as follows: CONDITION NUMBER 4 (GREEN) - Beginning of Disaster Vulnerability Season - This condition will be used by emergency services personnel to refer to a situation which causes a higher degree of disaster possibility than is normally present. This condition will automatically go into effect upon such occurrences as the beginning of the Hurricane Season (June 1st each year, remaining in effect through November 30th each year); or other general conditions; such as fire threat, due to severe drought. CITY ACTION: The City will initiate general increased readiness activities, submit all updated Plans and utilize the media and other sources to recommend various protective actions to the public. elk PIYC'S ACTION: PIYC's Executive Board will review the Plan and provide updated information for the Plan to the Marina Superintendent no later than June lst. PIYC's Executive Board will prepare a contingency plan for (1) having grease traps vacuumed; (2) securing/removing objects from outside the building; and (3) otherwise securing the premises. CONDITION NUMBER 3 (YELLOW) - Situations Exist that Could Develop Into Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a situation which presents a greater potential threat than "CONDITION 4" but no immediate threat to life or property. This condition might be generated by such events as a hurricane watch, tomado watch, severe thunderstorm watch, or presence of hazardous material in transit through the city by rail. truck, or other means. One such situation when Condition 3 will be declared is when the course of a hurricane has been established and the National Weather Service predicts a likely landfall within thirty-six hours and/or within one hundred miles of the City of Corpus Christi. CITY ACTION: The Marina Superintendent or his designee will: advise PIYC of any changes in Condition as advisories or declarations are received complete hurricane preparations as required for Condition 3. PIYC -2- 05/18/11 —1 1 8 — P PIYC'S ACTION: cease all normal operations of the PIYC and begin securing the facility. make arrangements for the removal of any and all equipment, including dumpsters. make arrangements to have all grease traps vacuumed. make arrangements for removal of all refrigerated foods from the premises. CONDITION NUMBER 2 (ORANGE) - Situations Exist That Have Definite Characteristic of Developing Into A Hazardous Condition - This condition will be declared by the City Manager or Emergency Management Coordinator to identify a hazardous situation which has a significant potential and probability of causing loss of life and/or damage to property. CONDITION 2 will usually require some degree of warning the public of a potential disaster. This condition might be generated by such events as a hurricane waming, tomado warning, severe thunderstorm warning. or any other notification of the existence of a direct threat such as a toxic material spill, major fire, growing civil disturbance, etc. One such situation when this condition will be declared is when the National Weather Service indicates the possibility of a hurricane landfall within twentv-four hours or close enough to cause damaging winds or rising tides in the City of Corpus Christi. CITY ACTION: complete any remaining hurricane preparations and begin evacuating all persons from the Marina Complex. PIYC'S ACTION: complete any remaining hurricane preparations evacuate all persons from the premises. secure the PIYC gate. CONDITION NUMBER 1 (RED) - Hazardous Conditions Are Imminent - This condition will be used to signify occurrence of a major emergency IS imminent. Events such as a hurricane strike. landfall predicted in 12 hours or less, tornado strike. large explosion, widespread civil disturbance. damaging tides, or other similar events will constitute a "Condition One" declaration. CITY ACTION: ensure that all hurricane preparations throughout the Marina Complex have been completed and all persons have evacuated the Marina Complex. PIYC -3- 05/18/1 1 —1 1 9— gf 4 PIYC'S ACTION: PIYC will have completed all preparations and will have evacuated all persons from the premises prior to this Condition. HIJRRICANE PASSED: Marina staff will report to duty, as directed by the City's Bad Weather Polley, for damage assessment and appraisal, facility tlean up and repair, launching operations, security, etc. Access to the Marina Complex will be, restricted to persons presenting evidence of tenancy Sued by the Corpus Christi Municipal Marina (i.e. a copy of the lease document or a /Amine Emergency Pass). APPROVED on the dates written. Padre Island Yacht Club ByLC, R Date: /ii City of Cot -pus Chtisti, Marina Department 1 City of Corpus Christi, Police Department By: Date: City of Corpus Christi, Emergency Management Office By: Date: PIYC —120- 05/18/11 15 i 1 Sothis Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 22, 2011 TO: Ronald L. Olson, City Manager FROM: Rick Stryker, Director of Museum of Science and History ricks@cctexas.com (361) 826-4660 Amendment to the Interagency Cooperation Contract with the Texas Historical Commission — Approval of second amendment and appropriation of funds PURPOSE: A. A resolution authorizing the City Manager or designee to execute 2nd amendment to the Interagency Cooperation Contract with the Texas Historical Commission ("THC"), which extends the term of the contract through August 31, 2012, and increases the amount of funding provided by the THC by $42,106 ($35,000 of which is contingent upon future funding by the Texas Legislature). B. Ordinance appropriating $42,106 from the Texas Historical Commission ($35,000 of which is contingent upon future funding by the Texas Legislature) in the No. 1069 Museum Grants Fund for the complete reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History; and declaring an emergency. BACKGROUND AND FINDINGS: The Corpus Christi Museum of Science and History ("Museum") is the marine archeological repository for the State of Texas including La Belle, one of the ships used by La Salle in the French attempt to establish a colony near Matagorda Bay in 1685. The artifacts recovered in the excavation of La Belle in 1996-97 have been conserved at the Conservation Research Laboratory at Texas A&M University and transferred to the Museum's repository. A methodical and comprehensive reinventory is needed to provide a complete and accurate count of the artifacts in database format. The Museum entered into a contract with the Texas Historical Commission ("THC") that provided for a methodical and comprehensive reinventory of the La Belle artifact collection held at the Museum. This 2nd amendment extends the term of the contract, as previously amended, and increases the funding provided by the THC to the Museum. ALTERNATIVES: Continue contract without 2nd amendment; Compete with other organizations for corporate contributions equivalent to amount of funding. -123- FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2011.2012 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 0 Encumbered / Expended Amt. as of June 24, 2011 0 This item $42,106 BALANCE $42,106 FUND(S): General Fund RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for amendment of contract and appropriation of funds. EMERGENCY / NON -EMERGENCY: Item requires two readings. DEPARTMENTAL CLEARANCES: Legal Finance LIST OF SUPPORTING DOCUMENTS: Amendment Resolution/Ordinance Cc: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Finance Eddie Houlihan, Assistant Director Management and Budget Rudy D. Garza, Interim Assistant. City Manager —124— ORDINANCE APPROPRIATING $42,106 FROM THE TEXAS HISTORICAL COMMISSION ($35,000 OF WHICH 15 CONTINGENT UPON FUTURE FUNDING BY THE TEXAS LEGISLATURE) IN THE NO. 1069 MUSEUM GRANTS FUND FOR THE COMPLETE REINVENTORY OF THE LA BELLE ARTIFACT COLLECTION HELD AT THE CORPUS CHRISTI MUSEUM OF SCIENCE AND HISTORY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That $42,106 is appropriated from the Texas Historical Commission ($35,000 of which is contingent upon future funding by the Texas Legislature) in the No. 1069 Museum Grants Fund for the complete reinventory of the La Belle artifact collection held at the Corpus Christi Museum of Science and History. —125— That the foregoing oryiljnrce was read for the first time and passed to its second reading on this the day of 9i , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott 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 Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary David Loeb John Marez Nelda Martinez Mark Scott day of 2011. Joe Adame Mayor APPROVED: 2.9 day of L. Briar(Narvaez' Assistant City Attorney For City Attorney —126- 2011: 16 dakt,City of I Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 19, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services E -Mail: PeteanAcctexas.com Work Phone: 826-3781 Resolution amending Council Policies relating to Capital Improvement Program, Budget, and projects. Also, Presentation, Public Hearing and First Reading of the Ordinance approving the Fiscal Year 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500. PURPOSE: A. Resolution amending Part I1, Council Policies, of the Corpus Christi Code of Ordinances, to add five policies relating to (1) approval of the capital improvement plan; (2) capital project strategy; (3) utility costs associated with general obligation bond projects; (4) utility capital reserve funds; and (5) storm water capital projects, in accordance with Resolution No. 028994. B. Ordinance approving the Fiscal Year 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500. BACKGROUND AND FINDINGS: The proposed Resolution will amend Council Policies to strengthen the procedures, guidelines and strategies concerning the City's Capital Improvement Program. Staff has developed policy changes that reflect Council direction, fiscal stewardship and long-term project financing. (See Exhibit A) The City Charter requires City Council to review the recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. A public hearing and Planning Commission review was held on Wednesday, July 6, 2011. No member of the public was present to speak during the public hearing and the Planning Commission unanimously recommended the City Council approve the FY 2012 Capital Budget and Capital Improvement Planning Guide as presented. ALTERNATIVES: None, this meeting and approval of the budget is required by City Charter. OTHER CONSIDERATIONS: None —129— FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue X CIP Page 2 of 3 FISCAL YEAR: 2010-2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $0 $0 $0 $0 Encumbered/Expended Amt. $0 $0 $0 $0 This item $0 $0 $155,970,500 $155,970,500 BALANCE $0 $0 $155,970,500 $155,970,500 FUNDS (S): Comments: This item will strengthen and streamline the processes associated with the development of the City's yearly Capital Improvement Program. Additionally, it will approve the projects and appropriate the funds required to proceed with the Fiscal Year 2011 — 2012 Capital Improvement Program. Individual project considerations will come back to City Council for approval as new contracts are ready for authorization and before a new project proceeds. RECOMMENDATION: City staff recommends approval of this agenda item which must be completed on a routine basis for proper use of City funds and proper fiscal management. CONFORMITY TO CITY POLICY: Conforms to statutes regarding approval of the Capital Improvement Program Budget and Planning Guide EMERGENCY / NON -EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Office of Management and Budget LIST OF SUPPORTING DOCUMENTS: Exhibit A: Proposed City Council Policy Additions Exhibit B: PowerPoint Presentation on Policy Additions and FY 2012 Capital Improvement Program Budget and Planning Guide Fiscal Year 2012 City of Corpus Christ Capital Improvement Budget and Planning Guide —130— Page 3 of 3 Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —131— ORDINANCE APPROVING THE FY 2012 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $155,970,500. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2012 Capital Budget and Capital Improvement Planning Guide in the amount of $155,970,500 is hereby approved. A copy of the FY 2012 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary. —132— That the foregoing ordinance was read for the first time and passed to its second reading on this the 1 (9--c"" day of ,) ti , 2011, by the following vote: Joe Adame >4�nSp— David Loeb Chris N. Adler n 1s->S'e John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick /�`� Mark Scott Priscilla G. Leal J 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 David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: Devi, Lisa AguiY�t Assistant City Attorney for the City Attorney 30, 90 (1 Joe Adame Mayor –133– 17 ATTACHMENT TO BE SENT AT A LATER DATE -137- 18 III9City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: July 7, 2011 TO: Ronald L. Olson, City Manager FROM: Joan McKaughan, Interim Director of Human Resource joanm@cctexas.com 361-826-3306 PURPOSE Annual review of Chapter 39 Article III Personnel Ordinance completed. Revisions to Executive Pay Plan, Vacation Leave Cash -In, Sick Leave Cash -In, and Personal Leave provisions. AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO REVISE SECTION 39-303 BY DELETING PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400; TO REVISE SECTION 39-304 BY ADDING CITY AUDITOR'S OFFICE; TO REVISE SECTIONS 39-329, 39-332, 39-345, AND 39-347 REGARDING VACATION LEAVE; TO REVISE SECTIONS 39-340 AND 39-354 REGARDING SICK LEAVE; TO REVISE SECTION 39-366 BY ADDING PERSONAL LEAVE HOURS ARE NOT PAID OUT AT TERMINATION; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BACKGROUND AND FINDINGS: Executive Pay Plan revision: In July 2009, Pay Plan 400 Executives was revised to include a provision to maintain salaries for select positions in the Pay Plan at a minimum of five percent (5%) above the salary of the highest paid employee whom they supervisor in their department. The positions included were as follows: Grade 423 Deputy City Manager Grade 422 Assistant Police Chief, First Assistant Fire Chief Grade 421 Assistant City Manager Grade 420 City Attorney, Director of Water Operations Grade 419 Director Grade 418 Deputy Director Grade 417 Assistant Director —141— This ordinance revision will delete the language noted above. While the current language establishes a set methodology for preventing compression between the pay of employees in these positions and the employee's they supervise, it also leaves the City Manager with no discretion regarding executive pay in this regard. Chapter 39 Article III provides the following direction and authority to the City Manager regarding pay. Section 39-300 Policy It is the policy of the city, consistent with sound budgetary management, to continuously manage the compensation and classification system to maintain internal equity between classes of jobs, and to provide competitive pay and benefits in order to attract and retain a high quality workforce. To the extent possible, given the resources available through the budget, the city's goal for competitive pay is to maintain pay plan midpoints, sub -zone and step pay rates at one hundred (100) per cent of market rates. The City Manager is directed to manage the personnel system to achieve these goals. Section 39-306 Administration of Employee Classification and Compensation System Consistent with the annual budget, the city manager is authorized to and shall: (a) Administer the city's employee classification and compensation system in accordance with this article and all applicable law; (b) Manage the system to continuously maintain internal equity and market competitiveness; (c) Create, modify, and discontinue positions as necessary to best provide services to the citizens of the community, place those positions in the appropriate pay plan established by this article, reclassify positions to preserve equity, and maintain a current listing of positions in the human resources department; (d) Develop and implement rules for pay advancement within ranges and upon promotion or transfer; (e) Develop and maintain systems to evaluate and compensate employees based on performance; (t) Make recommendations to the city council regarding changes needed to this article and other ordinances governing personnel matters; (g) Make recommendations to the city council regarding compensation, consistent with sound fiscal practices. Section 39-317 Compensation for Police Chief and Fire Chief The City Manager may grant compensation as set out in chapter 143 of the Texas Local Government Code and/or the respective collective bargaining agreements in order to ensure that the positions of police chief and fire chief are competitive. As the City Manager is directed by and/or granted authority by these provisions, the language proposed to be removed is not required. -142- Classified Service revision: This revision is to define all positions in the City Auditor's office as exempt from classified service, as are all positions in the Mayor's and City Secretary's office. Vacation and Sick Leave Cash -In revisions: In January 2010, given budgetary constraints the vacation cash -in and sick leave cash -in provision was temporarily suspended for general employees. This suspension was not intended to be permanent. The cash -in program was not suspended for Police and Fire employees due to provisions of the collective bargaining agreements. The continued suspension of the vacation cash -in and sick leave cash -in provision for general employees, while Police and Fire covered by collective bargaining agreement continues, is negatively impacting morale and lends itself to the question of fairness: Most significantly, vacation accrual balances are growing, and in some cases, because of work scheduling, more hours are being approved for carry-over into the next year, increasing the City's liability to be paid at some point. Scheduling of Vacation Leave and Personal Leave revisions: The changes to these sections are for clean-up and clarification purposes. OTHER CONSIDERATIONS: None FINANCIAL IMPACT: o Not Applicable p g p X O eratin Ex ense o Revenue ❑ CIP FISCAL YEAR Project to Date Exp (CIP only) Current Year Future Years Totals Budget Encumbered/Expended amount as of (Date) This Item $447,000 $447,000 Balance Funds: Comments: Allowing vacation cash -in, as per ordinance, for general employees would result in approximately $430,000 in costs to the budget, of which approximately $200,000 would be in the General Fund. Allowing sick leave cash -in, as per ordinance, for general employees would result in approximately $17,000 in costs to the budget, of which approximately $6,500 would be in the general fund. —143— RECOMMENDATION: Staff recommends approval of the ordinance to revise the City's Code of Ordinances Chapter 39 Article III, as presented. CONFORMITY TO CITY POLICY: This is a revision to the City's Code of Ordinances Chapter 39 Article III. EMERGENCY / NON -EMERGENCY: This ordinance requires two readings. DEPARTMENTAL CLEARANCES: The costing of vacation cash -in and sick leave cash -in for general employees was developed by the Financial Services Department payroll division. LIST OF SUPPORTING DOCUMENTS: A copy of the proposed revisions is attached. c: Carlos Valdez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager Oscar Martinez, Assistant City Manager —144— ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO REVISE SECTION 39-303 BY DELETING PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400; TO REVISE SECTION 39-304 BY ADDING CITY AUDITOR'S OFFICE; TO REVISE SECTIONS 39-329, 39-332, 39-345, AND 39- 347 REGARDING VACATION LEAVE; TO REVISE SECTIONS 39-340 AND 39-354 REGARDING SICK LEAVE; TO REVISE SECTION 39-366 BY ADDING PERSONAL LEAVE HOURS ARE NOT PAID OUT AT TERMINATION; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-303, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39-303. Standard classifications, pay grades, and ranges. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision- making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 2.5% Effective 11/24/2008 Grade Minimum Midpoint Maximum 410 $26,254 $34,096 $41,938 411 33,586 46,565 59,544 412 36,609 50,756 64,903 413 40,107 55,604 71,100 414 44,337 61,469 78,601 415 49,236 68,261 87,287 416 55,171 76,487 97,803 -145— Page 1 of 7 417 62,092 86,086 110,079 418 69,445 96,279 123,113 419 70,197 97,320 124,433 420 78,476 108,797 139,118 421 79,357 110,020 140,683 422 87,963 99,021 110,079 423 89,712 124,378 159,043 424 100,671 112,557 124,443 430 City Manager No Range This includes a 2.5 per cent range adjustment in address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 400 effective 11/24/2008. 423 Dcputy City Manager 419 Director 418 Deputy Director 417 Assistant Director SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-304, is amended to read as follows: Sec. 39-304. Classified service defined. (a) The classified service includes all positions not exempted in this section. The following are exempt from the classified service and, therefore, are not covered by rules and regulations of the civil service board: (1) All positions within the following pay plans: Pay Plan 1000 (Engineers/Engineering Services), Pay Plans 800 and 700 (Information Technology), Pay Plan 600 (Exempt), Pay Plans 500(a) and (b)(Legal), Pay Plan 400 (Executives), Pay Plan 300 (Police and Fire Managerial), and Exempt employees of Pay Plan HTH Health District. —146— Page 2 of 7 (2) All positions in the mayor's office, and all positions in the city secretary's office and city auditor's office. (3) Any position that functions as the principal secretary or assistant to the city manager, assistant city manager, executive director, municipal court judge, department director, assistant department director, city secretary, city attorney, assistant city attorney. (4) Temporary employees. (5) All members of the police and fire collective bargaining unit. (b) Any employee serving in a position not included in the classified services serves at will, at the pleasure of the city manager (or the city council if appointed by the city council), and will have and continue such at -will status notwithstanding any other ordinance, rule, or regulation of the city. No officer or employee of the city may waive or modify the at -will status of any position described in this section. Provided, however, police and fire positions are governed by collective bargaining agreements and state law as to job status. SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-329, is amended to read as follows: Sec. 39-329. Plan I scheduling of vacation leave. Each department shall keep necessary records of vacation leave accumulated and shall schedule vacation leave giving consideration to operational need and priority, and when scheduling conflicts arise, to employees with seniority. Official city holidays occurring during an employee's vacation shall not be considered or charged as a part of the employee's vacation. Vacation leave must be requested and approved in advance. * * * SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-332, is amended to read as follows: Sec. 39-332. Plan I cash -in of vacation leave. This section is suspended effective February 1, 2010 due to budgetary constraints. When (a) Plan I employees with more than one hundred twenty (120) hours of accrued vacation, or if base hours are less than forty (40) hours per week, on a prorated basis, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight —147— Page 3 of 7 (48) hours off, will be allowed to "cash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation actually taken off during the calendar year, up to a maximum of forty (40) hours. (1) Plan I employees, as eligible per items (a) above, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash - in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours actually taken off during the calendar year, or if base hours are less than forty (40) hours per week, on a prorated basis. (b) Plan I airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who accumulate more than one hundred eighty (180) hours of vacation, will be allowed to "cash -in" vacation hours at the rate of twelve (12) hours of equivalent pay (equal to one day) for each twelve (12) hours of vacation actually taken off during the calendar year, up to a maximum of sixty (60) hours. (1) Plan I airport public safety officers, as eligible per items (b) above, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash -in" an additional twelve (12) hours of accrued vacation for an additional twelve (12) hours actually taken off during the calendar year. SECTION 5. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-340, is amended to read as follows: Sec. 39-340. Plan I cash -in of sick leave. (a) A Plan I employee, except for airport public safety officers who work shifts of twenty- four (24) hours on and forty-eight (48) hours off, who has at least two hundred forty (240) hours of accumulated sick leave, or if base hours are less than forty (40) hours per week, on a prorated basis, and who has not taken any hours of sick leave in the previous calendar year may cash in up to forty-eight (48) hours of accumulated sick leave in a calendar year, or if base hours are less than forty (40) hours per week, on a prorated basis, at fifty (50) per cent of salary or hourly rate of pay. (b) An airport public safety officer who works shifts of twenty-four (24) hours on and forty-eight'(48) hours off and who has at least three hundred sixty (360) hours of accumulated sick leave, and who has not taken any sick leave in the previous calendar, may cash in up to seventy-two (72) hours of accumulated sick leave in a calendar year, at fifty (50) per cent of salary or hourly rate of pay. —148— Page 4 of 7 SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-345, is amended to read as follows: Sec. 39-345. Pian II scheduling of vacation leave. Each department shall keep necessary records of vacation leave accumulated and shall schedule vacation leave giving consideration to operational need and priority, and when scheduling conflicts arise, to employees with seniority, requects of the employeco. Official city holidays occurring during an employee's vacation shall not be considered or charged as a part of the employee's vacation. Use of vacation accrual that exceeds two hundred forty (240) consecutive working hours during a calendar year shall require approval by the department head, or designee. Vacation leave must be requested and approved in advance. SECTION 7. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-347, is amended to read as follows: Sec. 39-347. Plan 1I cash -in of vacation leave. Plan II employees with more than two hundred forty (240) hours of accrued vacation shall be allowed to "cash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation taken off during the calendar year, up to a maximum of forty (40) hours. Plan II employees, who have completed twenty (20) years of service with the city, beginning the twenty-first year, will be allowed to "cash -in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours actually taken off during the calendar year. SECTION 8. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-354, is amended to read as follows: Sec. 39-354. Plan II cash -in of sick leave. A Plan 11 employee who has at least seven hundred twenty (720) hours accumulated sick —149— Page 5 of 7 leave and who has not taken any sick leave in the previous calendar year, may cash -in up to forty-eight (48) hours of accumulated sick leave in a calendar year at fifty (50) per cent of salary or hourly rate of pay. SECTION 9. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39-366, is amended to read as follows: Sec. 39-366. Personal leave. (a) Effective August 1 of each year, each full-time employee shall receive forty (40) hours of personal leave to be used under guidelines promulgated by the city manager, or designee, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who shall receive sixty (60) hours of personal leave. (b) Personal leave hours must be requested and approved in advance like vacation accrual, but are non -cumulative. city. (c) Personal leave must be taken within the fiscal year received. (d) Personal leave may be used within the first six (6) months of employment with the (e) Personal leave hours are not paid out at termination. SECTION 10. This Ordinance is effective upon final adoption by the City Council. Revisions within this Ordinance will become effective August 1, 2011. SECTION 11. 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. —150— Page 6 of 7 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 David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris Ni. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: t4 ?070// nnifer A. Knox -Walker Assistant City Attorney for the City Attorney Joe Adame Mayor —151— Page 7 of 7 19 Ci of Corrpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 12, 2011 DATE: June 30, 2011 TO: Ronald L. Olson, City Manager FROM: Eddie Houlihan, Assistant Director, Management & Budgetg eddieho@cctexas.com 826-3792 Various ordinances/resolutions adjusting fees/rates included in the FY 2011-12 Proposed Budget. PURPOSE: A. AMENDING SECTIONS 55-50, 55-54, and 55-56, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WATER RATES FOR FISCAL YEAR 2011/2012; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. . B. ORDINANCE AMENDING SECTIONS 12-108, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING SUNRISE BEACH RECREATION SITE RATES FOR FISCAL YEAR 2011/2012; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. C. ORDINANCE REVISING THE TITLE OF ARTICLE VII, CHAPTER 55, CODE OF ORDINANCES; AMENDING SECTION 55-100, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, SETTING THE WASTEWATER RATES FOR FISCAL YEAR 2011/2012; ESTABLISHING THE PROCEDURES FOR THE FISCAL YEAR 2011/2012 OF THE WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. D. RESOLUTION AUTHORIZING ADJUSTMENT OF PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES RENTAL AND RECREATIONAL FEES; ADDING NEW RENTAL FEES AND RECREATIONAL FEES FOR FISCAL YEAR 2011-2012; PROVIDING FOR PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE. E. ORDINANCE AMENDING SECTION 2-79 OF THE CODE OF ORDINANCES, BY AUTHORIZING AN ANNUAL NONRESIDENT LIBRARY FEE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. FINANCIAL IMPACT: X Not Applicable o Operating Expense —155— ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): Comments: This item has no financial impact on the budget. RECOMMENDATION: Approval of the Ordinances as submitted. CONFORMITY TO CITY POLICY: Ordinances/Resolution comply with City Policy. EMERGENCY / NON -EMERGENCY: Item requires two readings. Second Reading is scheduled on July 19, 2011. DEPARTMENTAL CLEARANCES: Water Wastewater Parks and Recreation Library LIST OF SUPPORTING DOCUMENTS: Ordinance amending various sections regarding Water Rates Ordinance amending various sections regarding Sunrise Beach Rates Ordinance amending various sections regarding Wastewater Rates Resolution authorizing adjustment of Parks & Recreations Fees Ordinance amending section regarding Library Fees Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Oscar Martinez, Assistant City Manager Margie C. Rose, Assistant City Manager —156— Page 1 of 15 ORDINANCE AMENDING SECTIONS 55.50, 55-54, and 55-56, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING WATER RATES FOR FISCAL YEAR 2011/2012; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55-50, Code of Ordinances, is revised to read as follows: "Sec. 55-50. Schedule. "(a) Base rates for water service. The rates for water service are as follows: "(1) Monthly minimum charges. "a. Metered treated water customers. "1. Inside city limits ("ICL"): Meter Size (Inches) August -1740-10-4G-Juilf-4174014 August 1, 2011 to July 31, 2012 Residential 5/8-- 3/4 $ 8.72 Commercial 5/8- 3/4 12.58 Residential and Commercial 1 18.87 1 1/2 31.46 2 62.90- 3 100.64 4 201.29 6 314.52 8 and larger 629.03 Large Volume Any size 16,349.00 2011-2012 WATER RATE ORDINANCE 06302011A -157- Page 2 of 15 Temporary construction 1 18.87 1 '/ 31.46 2 62.90 "2. Outside city limits ("OCL"): Meter Size (Inches) , August 1. 2011 to July 31. 2012 Residential 5/8 -- 34 $ 10.46 Commercial 5/8 -- 34 15.10 Residential and Commercial 1 22.64 1 1/2 37.75 2 75.48 3 120.77 4 241.55 6 377.42 8 and larger 754.84 Large Volume Any size 27,279.00 Temporary construction 1 22.64 1 % 37.75 2 75.48 2011-2012 WATER RATE ORDINANCE 06302011A -158- Page 3 of 15 "b. Untreated water customers. Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $237.70, the customer shall be billed $237.70, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "c. Blended water customers. Augusto 2010 to my 34 2014 f 7 1 •Torr August 1, 2011 to July 31,2012 Any size Minimum monthly service charge, water districts/municipalities with raw water supply contracts executed after January 1, 1997 4-$ 390.281 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 1997 237.70 Minimum monthly service charge, industrial 390.28 Minimum monthly service charge, domestic 13.00 Minimum annual service charge, domestic 130.09 Minimum monthly service charge, agricultural irrigation water service 195.00 Minimum monthly service charge, temporary construction water service 260.00 Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $237.70, the customer shall be billed $237.70, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "c. Blended water customers. 2011-2012 WATER RATE ORDINANCE 06302011A —159— August 4 2040 4o 1uly 31 2014 August 1, 2011 to July 31, 2012 Any size $ 27,279.00 2011-2012 WATER RATE ORDINANCE 06302011A —159— Page 4 of 15 "(2) Monthly volume charges per 1,000 gallons. "a. Residential rate. "1. Inside city limits: *Use the minimum charges in subsection (a)(1). "2. Outside city limits: A,.guct 1 2010 to my 91 9011.1 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Next 4,000 Gallons $-3.442 $ 1.613 $ 3.758 $1.831 Next 4,000 Gallons 4.302 2.016 4.698 2.289 Next 5,000 Gallons 4.848 2.319 5.402 2.632 Next 15,000 Gallons 6.023 2.823 6.577 3.205 Next 20,000 Gallons 7.314 Next 20,000 Gallons 3.428 7.986 3.891 Next 50,000 Gallons 7.060 8.690 Over 100,000 Gallons 8.605 9.395 *Use the minimum charges in subsection (a)(1). "2. Outside city limits: 2011-2012 WATER RATE ORDINANCE 06302011A —160— August 1 2010 to July 31 9011 vv y rv. .. v..y vrl-rvrr August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Next 4,000 Gallons $ 1.613 $1.831 Next 4,000 Gallons 2.016 2.289 Next 5,000 Gallons 2.319 2.632 Next 15,000 Gallons 2.823 3.205 Next 20,000 Gallons 3.428 3.891 2011-2012 WATER RATE ORDINANCE 06302011A —160— Page 5 of 15 Next 50,000 Gallons 3,730 a ,2011 Y August 1, 2011 to July 31, 2012 4.235 Minimum* Over 2,000 Gallons Over 100,000 Gallons 4.032 4.578 imum charges In subsection (a)(1). "b. Commercial rate. "1. Inside city limits: minimum charges In subsection (a)(1). "2. Outside city limits: August -ti -2040-40a August 1, 2011 to July 31, 2012 a ,2011 Y August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $ 1.302 $ 4.678 minimum charges In subsection (a)(1). "2. Outside city limits: se the minimum charges in subsection (a)(1). "c. Golf course and athletic field irrigation water inside City limits: 0 Au_st A 204 t 1 1 94 a ,2011 Y August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons % 2.383 $ 2.560 se the minimum charges in subsection (a)(1). "c. Golf course and athletic field irrigation water inside City limits: inimum charges in subsection (a)(1) for ICL commercial customer. "d. Resale treated water rates. "1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: 2011-2012 WATER RATE ORDINANCE 06302011A —161— August 4 2040 t 1 1 94 2044 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $ 2.216 $ 2.594 inimum charges in subsection (a)(1) for ICL commercial customer. "d. Resale treated water rates. "1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: 2011-2012 WATER RATE ORDINANCE 06302011A —161— Page 6 of 15 *Use the minimum charges in subsection (a)(1). "2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: to August 47-2440-44:0-4111Y-4-117-24-14 Auqust 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $-07824 $ 0.879 *Use the minimum charges in subsection (a)(1). "2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: *Use the minimum charges in subsection (a (1). "e. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. "1. Inside city limits: August 1 9010 to 1uly 31 2011 Auqust 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $ 1.165 $ 1.551 *Use the minimum charges in subsection (a (1). "e. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000) gallons of treated water per month is considered a large volume treated water customer. Once a customer has elected to become a large volume treated water customer, the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. "1. Inside city limits: *Use the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 06302011A —162— Augu_t 1 2010 to my 41 2011 August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons $4,547 $ 3.010 *Use the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 06302011A —162— Page 7 of 15 "2. Outside city limits: rges in subsection (a)(1). "f. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a Targe volume blended water customer. "1. Inside city limits: August t 1 1 31 ,2014 August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *11..._aL __ _ • S 1.465 $ 1.551 $ 2.143 rges in subsection (a)(1). "f. Large volume blended water customers. A commercial blended water customer who agrees to purchase a minimum of ten million (10,000,000) gallons of blended water per month is considered a Targe volume blended water customer. "1. Inside city limits: arges in subsection (a)(1). 112. Outside city limits: 113 20 August A 20.10 to .1 •1w , , August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *1 ,-- 11 - --- . $ 2.278 $ 2.143 arges in subsection (a)(1). 112. Outside city limits: ges in subsection (a)(1). "3. Peaking factor. [To be determined.] 2011-2012 WATER RATE ORDINANCE 06302011A —163— August 2010 to 1u1 9' 2014 _v-1, August 1, 2011 to July 31, 2012 First 10,000,000 Gallons Minimum* Each Additional 1,000 Gallons *1._1L •_ •_ _.. ,• . $0._071 $ 0.059 ges in subsection (a)(1). "3. Peaking factor. [To be determined.] 2011-2012 WATER RATE ORDINANCE 06302011A —163— Page 8 of 15 "g. Temporary water service. "1. Treated water. "A. Inside city limits: *Use the minimum charges in subsection (a)(1). "B. Outside city limits: August41-2040-4°414-347-2414 August 1, 2011 to July 31, 2012 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons $ 4.500 $ 4.678 Minimum* *Use the minimum charges in subsection (a)(1). "B. Outside city limits: *Use the minimum charges in subsection (a)(1). "2. Untreated water. "A. Inside city limits: August 1 9010 t.. 1..1.. 91 9011 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* First 2,000 Gallons 2 X RWCA Minimum* Over 2,000 Gallons $-2,600 $ 2.560 *Use the minimum charges in subsection (a)(1). "2. Untreated water. "A. Inside city limits: *Use the minimum charges in subsection (a)(1). "B. Outside city limits: August 1 2010 4o 1uly 91 2011 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 X RWCA *Use the minimum charges in subsection (a)(1). "B. Outside city limits: *Use the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 06302011A —164— August 47-2040-404414/413-2014 20104o 1uly 912011 August 1, 2011 to July 31, 2012 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 X RWCA *Use the minimum charges in subsection (a)(1). 2011-2012 WATER RATE ORDINANCE 06302011A —164— Page 9 of 15 "h. Agricultural irrigation water outside City limits: se the minimum charges in subsection (a)(1). "1. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: "(1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: 2011-2012 WATER RATE ORDINANCE 06302011A —165— Aueu.st l 2Ol f1 {,. 1 1 3l 901 4 August 1, 2011 to July 31, 2012 First 2,000 Gallons • Minimum* Over 2,000 Gallons 2 X RWCA se the minimum charges in subsection (a)(1). "1. Public agency for resale untreated water rates. The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales, adjusted for water losses. The RWCA will be calculated on an annual basis using the adopted utility rate model, according to the following procedures: "(1) Use projected system -wide water sales based on historical consumption and projected growth, with adjustments for water losses. "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: 2011-2012 WATER RATE ORDINANCE 06302011A —165— Page 10 of 15 "a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00) shall be charged in the year in which it is acquired. "b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half- year convention used in the year of acquisition. "(6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. "(7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. "(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. "(10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) "(11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the city's water fund. "(12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five (25) per cent (or three (3) months) of annual operating expenses for the fiscal year. 2011-2012 WATER RATE ORDINANCE 06302011A —166— Page 11 of 15 "(13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two (2) per cent of the respective annual water capital improvements program for the fiscal year or two million dollars ($2,000,000.00) (whichever is greater). "(14) Include funds necessary to establish and maintain a future water resources reserve fund (Water Supply Development Reserve) with an ultimate target balance of $30,000,000, and an annual contribution of approximately $2,000,000 per fiscal year. "(15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls, and will not be used for routine expenses. "(16) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves, for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the RWCA. "(c) Definitions. "Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service, operation, and maintenance of dams and reservoirs. "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells. "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights,including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long range water resource development and related capital improvements. 2011-2012 WATER RATE ORDINANCE 06302011A —167— Page 12 of 15 "Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. "Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. "Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. "Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. SECTION 2. The laboratory rate table in Section 55-56(a), Code of Ordinances, is revised to read as follows: "Sec. 55-54. Water utilities laboratory charges. "(a) The following fees apply to tests performed at the city's water utilities laboratory for other government agencies and private parties: Parameter Fee Total Coliform $15.00 $17.00 Fecal Streptococcus $20.00 Fecal Coliform $20.00 Escherichia coli $20.00 f E. Coli) Enterococci $17.00 Hexane Extractable Material (HEM) $50.00 Total Organic Carbon $35.00 Specific Ultra -Violet Absorption (SUVA) $35.00 2011-2012 WATER RATE ORDINANCE 06302011A —168— Page 13of15 Biochemical Oxygen Demand (BOD) $30.00 Carbonacious Biochemical Oxygen Demand (CBOD) $32.00 Total Suspended Solids (TSS) $15.00 Total Dissolved Solids (TDS) $20.00 Total Kjeldahl Nitrogen (TKN) $35.00 Total Nitrate -- Nitrogen $25.00 Total Ammonia - Nitrogen $20.00 Total Phosphorus $25.00 Dissolved Phosphorus $27.00 SECTION 3. Section 55-56(c) -- (f), Code of Ordinances, is revised to read as follows: "Sec. 55-56. Temporary construction water service. "(c) The temporary water service customer shall pay an application fee to cover the costs of establishing the temporary account, placing the meter, and installing and testing any required backflow preventer. The temporary water service application fees are: "(1) Inside city limits ... $198 08 $150.00 "(2) Outside city limits ...100-00150.00 * "(d) The temporary water service customer shall pay the applicable water service rates in section 55-50. In addition, to paving the applicable water service rates, a temporary water service customer shall pay $150.00 per month to lease the temporary water meter. 2011-2012 WATER RATE ORDINANCE 06302011A -169- Page 14 of 15 "(e) If the customer request relocation of the temporary meter, the customer shall pay a one hundred twenty five dollars ($125.00) meter movement fee, which includes the costs of testing the backflow preventer. "(f) If a customer moves a temporary water service meter, the customer shall pay a - - -. e e two hundred fifty dollars ($250.00) meter tampering charge, plus the costs of any broken parts, including chains, locks, and seals. This tampering charge does not offset any penalties for operating without a tested backflow preventer. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. This ordinance is effective on August 1, 2011. SECTION 6. 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. 2011-2012 WATER RATE ORDINANCE 06302011A —170— Page 15 of 15 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 David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED: 30th day of June, 2011: R. J R ming Fi A istant City Attorney For City Attorney 2011-2012 WATER RATE ORDINANCE 06302011A Joe Adame Mayor —171— Page 1 of 3 ORDINANCE AMENDING SECTIONS 12-108, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REGARDING SUNRISE BEACH RECREATION SITE RATES FOR FISCAL YEAR 2011/2012; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 12-108(e), Code of Ordinances, is revised to read as follows: "Sec. 12-108. Sunrise Beach recreation site. "(e) The director shall charge the following applicable fees for use of the facilities at the Sunrise Beach recreation site: Facility Fee Daily Use Automobile (1 or two passengers) $8,00 $10.00, Additional passengers $3:88 $4.00 Children (6 and under) Free Use of Boat Ramp — $10.00 Overnight Primitive Tent Camping (no electricity or water) Automobile or RV (1 or two occupants) $25.00 Additional occupants $3498 $4.00 Children (6 and under) Free 2011-2012 SUNRISE BEACH RATE ORDINANCE 06302011 -172- Page 2 of 3 Overnight Camping (electricity and water provided) RV (1 or two occupants) $30.00 Additional occupants $3-00 $4.00 Children (6 and under) Free Overnight Camping (full hook-up - electricity, water, and sewer provided) RV (1 or two occupants) $35.00 Additional occupants $3:88 $4.00 Children (6 and under) Free Extended Stay RV sites (full hook-up - electricity, water, and sewer) Weekly site $150.00 Monthly site $400.00 Extended Stay Stationary Mobile Home or RV sites (partial hook-up - water and sewer/electricity individually metered) $400.00 $450.00 SECTION 2. 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 3. Except for the increase in the rate increase for the extended stay stationary mobile home or RV sites, the rates in this ordinance go into effect on August 1, 2011. The rate increase for the extended stay stationary mobile home or RV sites go into effect on October 1, 2011. 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. 2011-2012 SUNRISE BEACH RATE ORDINANCE 06302011 -173- Page 3 of 3 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 David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 30th day of June, 2011: R. J y' ining First Assistant City Attorney For City Attorney 2011-2012 SUNRISE BEACH RATE ORDINANCE 06302011 —174— Page 1 of 6 ORDINANCE REVISING THE TITLE OF ARTICLE VII, CHAPTER 55, CODE OF ORDINANCES; AMENDING SECTION 55-100, CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, SETTING THE WASTEWATER RATES FOR FISCAL YEAR 2011/2012; ESTABLISHING THE PROCEDURES FOR THE FISCAL YEAR 2011/2012 OF THE WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The title of Article VII, Code of Ordinances, is revised to read as follows: "ARTICLE VII. SEWER -WASTEWATER RATES" SECTION 2. Section 55-100, Code of Ordinances is revised to read as follows: "Sec. 55-100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the city's municipal sewer system, except as otherwise provided in articles VII and XI of chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification to st 1 2010 tot , 31 201 August 1, 2011 to July 31, 2012 Inside city limits One -family minimum monthly charge (first 2,000 gallons) $40776 $23.96 Inside city limits One -family per 1,000 gallons over 2,000 449 4.84 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 117.36 135.28 Outside city limits One -family minimum monthly charge (first 2,000 gallons) 25.95 29.95 Outside city limits One -family per 1,000 gallons over 2,000 8-85 10.72 Outside city limits One -family maximum monthly charge (up to 25,000 gallons) 229.50 279.98 2011-2012 Wastewater Rate Ordinance 06302011.docx —1 7 5— Page 2 of 6 Inside city limits Commercial minimum monthly charge (first 2,000 gallons) 32.12 32.55_ Inside city limits 3 Commercial per 1,000 gallons over 2,000 3.46. Outside city limits Commercial minimum monthly charge (first 40.15 2,000 gallons) 40.69 Outside city limits 643 Commercial per 1,000 gallons over 2,000 6.93 "(b) The amount of water used to compute the monthly bills to one -family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. "(1) Definitions. "a. Winter averaging wastewater charge period: The period of water and wastewater service during the three (3) complete consecutive reading periods commencing on or after December 1 of each year. Using the "b. Winter average usage: The monthly wastewater usage established by the city during the "winter averaging wastewater charge period" based upon their average monthly water consumption during that period. Thic "c. Interim average: The monthly wastewater usage established by the city for individual customers who have not established a "winter average usage". The "interim average" shall -be -is recalculated each year based on the total "winter average usage"-sensumptien of all customers subject to winter averaging divided by the number of winter averaging customers, and shall be is the basis for monthly billings until a 'winter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. "d. Service area: The geographic region served by the city's wastewater system. 2011-2012 Wastewater Rate Ordinance 06302011.docx —17 6— Page 3 of 6 "(2) Winter average criteria. "a. The customer must receive wastewater service at one (1) location during the three (3) consecutive reading periods in order to establish a "winter average usage". "b. 'Winter average usage" charges shall apply to one -family residential customers only. "b—c_The "winter average usage" shall be based on a customer's average water consumption for three (3) complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. "s-d_The following method will be used to calculate a customer's "winter average usage": "1. Add the three (3) winter months' water consumption to get total water consumption. "2. Divide three-month usage amount by three (3) to get winter average usage. Such winter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. "d—e_Using the winter average usage, apply the applicable rates established in subsection (a) to calculate the customer's wastewater bill for each month until a new winter average usage is established or rates are changed. The adiusted rate that applies to service after June 30 will reflect wastewater usage based on the previous "winter averaging wastewater charge period". "e—f_New and relocating customers; adjustments: "1. Customers new to the service area, who have not established a "winter average", shall be billed at the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "3. Customers who are relocating within the service area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the 2011-2012 Wastewater Rate Ordinance 06302011.docx —1 7 7 - Page 4 of 6 customer can produce proof of repairs, the director of finance or the director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the city manager shall calculate base revenues from single- family residential wastewater customers during the prior year. Base revenues shall equal the prior year's actual revenues from single-family residential wastewater customers, adjusted for subsequent-actual-Kw_rate increacca changes, and for any increase in the single-family residential wastewater customer base. For this purpose, a year shall run from June 1 through May 31. "b. The city manager shall annually, based upon the winter average wastewater usage determined during the winter averaging wastewater charge period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the adjusted rate will produce an amount equal to the base revenues. plus any rate changes approved by the City Council for the new fiscal year. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two (562) parts per million or less by weight of chemical oxygen demand index, two hundred fifty (250) parts per million or less by weight of biochemical oxygen demand index, and two hundred fifty (250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in section 55-148." SECTION 3. In lieu of the procedures in Section 55-100(b)(3), Code of Ordinances, the City Manager shall use the following procedure to make the administrative changes in Fiscal Year 2011/2012 wastewater rates: The city manager shall calculate base revenues from single-family residential wastewater customers using the Fiscal Year 2010/2011 calculated revenues from single-family residential wastewater customers, as if the correct rates had been implemented on September 1, 2010 and for any increase in the single-family residential wastewater customer base. For this purpose, a year shall run from June 1 through May 31. Then based upon the winter average wastewater usage determined for the winter averaging wastewater charge period, the City Manager shall administratively adjust the Fiscal Year 2011/2012 wastewater rates applied to each customer's winter average or interim average so that the administratively adjusted Fiscal Year 2011/2012 rates will produce an amount equal to the base revenues, plus any rate changes approved by the City Council in this ordinance. For the purpose of this section the correct rates that should have been implemented on September 1, 2010 are: 2011-2012 Wastewater Rate Ordinance 06302011.docx —17 8— Page 5 of 6 Inside city limits One -family minimum monthly charge (first 2,000 gallons) $23.647 Inside city limits One -family per 1,000 gallons over 2,000 4.780 Inside city limits One -family maximum monthly charge (up to 25,000 gallons) 133.590 SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. This ordinance is effective on August 1, 2011. SECTION 6. 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. 2011-2012 Wastewater Rate Ordinance 06302011.docc —179— Page 6 of 6 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 David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote. Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: 30th day of June, 2011: R ay eining First A ssistan City Attorney For City Attorney 2011-2012 Wastewater Rate Ordinance 06302011.docx —180— RESOLUTION AUTHORIZING ADJUSTMENT OF PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES RENTAL AND RECREATIONAL FEES; ADDING NEW RENTAL FEES AND RECREATIONAL FEES FOR FISCAL YEAR 2011-2012; PROVIDING FOR PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE Whereas, Section 36-3 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new rental rates, or increase of existing rental rates by more than 25 percent, for parks and recreation department facility rental; and Whereas, Section 36-7 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new user fees, or increase of existing user fees by more than 25 percent, for parks and recreation department facility use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the adjusted rental rates and recreational fees for the parks and recreation department use fees, as shown in Exhibit A, for Fiscal Year 2011-12. SECTION 2. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit B attached, for Fiscal Year 2011-12. SECTION 3. This resolution is effective August 1, 2011. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: June 27, 2011 Lisa Aguilad, fissistant City Attorney for City Attorney —181— Joe Adame, Mayor FY 11-12 Fee Schedule - Increase > 25% EXHIBIT A % increase / decrease Current Proposed Annual Incremental Description Date of Last Increase Fee Fee Diff. Units Revenue Youth Rental fee per field FY09-10 $ 25.00 $ 45.00 $ 20.00 15 $ 300.00 80.0% Greenwood Softball Complex -Youth rental per field $25.00 $40.00 $15.00 14 $ 210.00 60.0% FY02-03 Gymnasiums Rentals -Security Deposit per gym $ 25.00 $ 50.00 $ 25.00 0 $ 100.0% FY02-03 Family Night Swim -Five Person Family $5.00 $7.50 $2.50 15 $ 37.50 50.0% FY09-10 TOTAL $547.50 04 OD FY 11-12 Parks and Recreation Fee Schedule - NEW EXHIBIT B Current Proposed Annual Incremental Description Fee Fee Diff. Units Revenue Youth Baseball Field Tournament Rental Fee $0.00 $300.00 $300.00 4 $ 1,200.00 NEW Westside -whole complex(youth only) $0.00 $800.00 $800.00 2 $ 1,600.00 NEW Adult Tournament/Camp Rentals fee per day $0.00 $350.00 $350.00 0 $ NEW Greenwood Youth/Adult Tournament Rentals fee $0.00 $250.00 $250.00 42 $ 10,500.00 NEW Broadmoor Senior Center Meeting Room $0.00 $72.00 $72.00 8 $ 576.00 NEW Broadmoor Senior Center Community Room $0.00 $248.00 $248.00 4 $ 992.00 NEW Broadmoor Entire Senior Center Facility (excluding Library $0.00 $288.00 $288.00 0 $ NEW Bayfront Park - 4 hour rental; $1,000 deposit $0.00 $2,500.00 $2,500.00 1 $ 2,500.00 NEW Bayfront Park - each additional hour $0.00 $250.00 $250.00 0 $ Heritage Park - run/walk non-profit (Plaza only) 4 hrs. $0.00 $250.00 $250.00 8 $ 2,000.00 NEW Heritage Park - run/walk non-profit (Plaza only) each $0.00 $50.00 $50.00 2 $ 100.00 NEW LaBonte Park - 3 -day camping permit for designated $0.00 $25.00 $25.00 200 $ 5,000.00 NEW holidays* * Easter, Memorial Day, 4th of July, Labor Day T Total - $24,468 Corpus Christi, Texas of ,2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott —184— Page 1 of 2 ORDINANCE AMENDING SECTION 2-79 OF THE CODE OF ORDINANCES, BY AUTHORIZING AN ANNUAL NONRESIDENT LIBRARY FEE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 2-79 of the Code of Ordinances is revised to read as follows: "Sec. 2-79. Fees. * * * * * "(e) Annual fee for nonresidents of the city $25.00 The $25.00 annual fee for nonresidents shall not apply to the following: (1) members of the armed forces (and their dependents) stationed (1) within the city limits or (ii) at the Coast Guard Station, Port Aransas, Texas: (2) temporary residents residing within the city limits for a period of six (6) weeks or longer. (3) students currently enrolled at (1) Texas A&M University -Corpus Christi or (ii) Del Mar College; and (4) nonresidents who own real property within the city limits. SECTION 2. The fees established in Section 1 of this Ordinance shall take effect on September 1, 2011. 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 it's the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Section 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. —185— Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED: day of , 2011: L. Brian Narvaez Assistant City Attorney For City Attorney —186— 20 sit City o ■r1 Corpus — = Christi wvr AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 7, 2011 TO: FROM: Ronald L. Olson, City Manager Miguel S. Saldana, A.I.C.P., Manager, Land Development Development Services Department MiguelS@cctexas.com (361) 826-3568 A change of zoning from the "RS -6" Single -Family 6 District ("R -1B" One family Dwelling District) to the "IH" Heavy Industrial District ("1-3" Heavy Industrial District) on submerged land owned by the Port of Corpus Christi Authority. PURPOSE: The applicant has requested a change in zoning from the `RS -6" Single -Family 6 District to the "IH" Heavy Industrial District on property described as two (2) tracts, totaling approximately 144.93 acres, of submerged land owned by the Port of Corpus Christi Authority, abutting to the south end of the former Ingleside Naval Base and along the Corpus Christi Ship Channel. BACKGROUND AND FINDINGS: • The subject property consists of entirely submerged lands. The current use is water and would remain as the future use. • The rezoning would bring conformity to the current industrial uses and allow for further development and expansion of those uses. The "IH" Heavy Industrial District would grant a wide variety of options, uses, and allow for this economic engine to further its potential. ALTERNATIVES: The Planning Commission and Staff are in agreement in recommending approval of the "II -I" Heavy Industrial District. OTHER CONSIDERATIONS: N/A —189— FINANCIAL IMPACT: Not Applicable o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): RECOMMENDATION: On June 8, 2011, the Planning Commission and Staff recommended approval of the change of zoning to the "11-1" Heavy Industrial District. CONFORMITY TO CITY POLICY: The Comprehensive Plan and Future Land Use Map slate the subject property for Water uses. The proposed change in zoning is not located within an Area Development Plan (ADP). The proposed rezoning will occur in an existing waterway and would be in conformity with appropriate Water uses. Furthermore, the rezoning will encourage industrial development and fulfill one of the main tenets of the Comprehensive Plan in reference to industrial development. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: • Zoning Map • Future Land Use Map • Ordinance Cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget H:\PLN-DIR\SHARED\1. PLANNING COMMISSION\ 2011 CCUULY 2011\0611-01 PORT OF CC\0611-01 EXECUTIVE SUMMARY.DOC -190- R -1A MAIN ST 4' co 0 0 y 1 SUBJECT PROPERTY 2 ICL. 0 400 B00 Feet CASE: 0611-01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP 41 Apartment House District I-1 Limned Industrial District A -1A fpamnent House District 1-2 Light Industrial District A-2 Apartment House District 1-3 Heavy Indusldal District AB Professional Office DlsMol PDD Planned unit Development AT Apartment -Tourist District R -1A One Femlly Dwelling Dislrict B-1 Neighborhood Business District R -1B One Family Dwelling District B -IA Neighborhood Business District R -1C One Family Dwelling District 2-2 Bayfront Business District R-2 Multiple Smelting District 0-2A Border Island Business District RA One Family Dwelling sislrld 13-3 Business Oistrict RE B- General Business District R-TH 2-5 Primary Business District SP B-6 Primary Business Core District T -1A BD Corpus Christi Beech Design Dist. T -1B F -R Firm Rural District T -1C HC Historical -Cultural Landmark Preservation nSubject Property with 200'buffer Residential Estate District Townhouse Dwelling District Special Permit Travel Troller Park District Manufactured Home Park District Manufactured Hone Subthslon I/strict Owners in favor 4 Owners within 200' listed on �/ Owners attached ownership table V in opposition 05/28/2011 Prepared By: SRR Department of DevelopmentServlces h.....� \ \ it 1 -- SUBJECT PROPERTY w N S LOCATION MAP � to City of Corpus Christi —191— 1 R - 1 A Q- MAIN ST SUBJECT PROPERTY ICL WATER O 400 800 -.Feet CASE: 0611-01 4. SITE- FUTURE LAND USE ED Agricultural/Rural n Tourist Ini Estate Residential =I Research/Business Park Low Density Res. In Light Industrial Med Density Res. j HI 1 Heavy Industrial ICI High Density Res. CM Public Semi -Public In Mobile Home n P• ark Vacant n D• rainage Corridor Po Professional Office 1 DR 1 Dredge Placement Commercial n W• ater 1—I C• onservation/Preservation 12173 MDR Transportation Plan Existing Proposed as Expressways ••ui Arterials ---- Collectors ---- Mb Parkway 000 -1-H-1-1- Railroad -l+i+r Map Scale: 1:2,400 0512W2011 Prepared By: SRR Department of Development Services \ ti.4,4 /\J SUBJECT PROPERTY s E LOCATION MAPI � c City of Corpus Christi 192 ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, UPON APPLICATION BY PORT OF CORPUS CHRISTI AUTHORITY, BY CHANGING THE UDC ZONING MAP IN REFERENCE TO TWO (2) TRACTS, TOTALING APPROXIMATELY 144.93 ACRES, OF SUBMERGED LAND OWNED BY THE PORT OF CORPUS CHRISTI AUTHORITY, ABUTTING TO THE SOUTH END OF THE FORMER INGLESIDE NAVAL BASE AND ALONG THE CORPUS CHRISTI SHIP CHANNEL, FROM THE "RS -6" SINGLE-FAMILY 6 DISTRICT (FORMERLY "R -1B" ONE -FAMILY DWELLING DISTRICT) TO THE "IH" HEAVY INDUSTRIAL DISTRICT (FORMERLY "1-3" HEAVY INDUSTRIAL DISTRICT); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the Port of Corpus Christi Authority, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 8, 2011, during a meeting of the Planning Commission, and on Tuesday, July 19, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC is amended by changing the zoning on two (2) tracts, totaling approximately 144.93 acres, of submerged land owned by the Port of Corpus Christi Authority, abutting to the south end of the former Ingleside Naval Base and along the Corpus Christi Ship Channel, from the "RS -6" Single -Family 6 District (Formerly "R - 1B" One -family Dwelling District) to the "IH" Heavy Industrial District (Formerly "1-3" Heavy Industrial District) (Zoning Map 281,047) (Exhibit A -"Planning Commission's and Staff's Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. —193— 1 1 1 Page 2of3 SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This [2 day of eit eborah Walther Brown Assistant City Attorney For City Attorney , 2011 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\7-19-11\Port of Corpus Christi107.06.11.Ordinance (R -1B to I- 3).DWBFinal.doc —194— Page 3 of 3 Corpus Christi, Texas day of 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\7-19-11\Port of Corpus Christi\07.06.11.Ordinance (R -1B to 1- 3).DWBFinal.doc —195— IM A ST SUBJECT PROPERTY 0 400 800 Feet CASE: 0611-01 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: R-1 B TO: 1-3 ORDINANCE NO. 05'18'2011 Prepared By: SRR Depemnent of Developmerp.Services -196- 21 City of Corpus er Christi w. AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 7, 2011 TO: Ronald L. Olson, City Manager FROM: Miguel S. Saldana, A.I.C.P. Manager, Land Development Development Services Department MiguelS@cctexas.com (361) 826-3568 PURPOSE A change of zoning from the "RS -6" Single -Family 6 District ("R -1B" One - family Dwelling District) to the "CN -1" Neighborhood Commercial District ("6- 1" Neighborhood Business District) by Peter Jon Roel. The applicant has requested a change in zoning from the "RS -6" Single -Family 6 District to the "CN -1" Neighborhood Commercial District on a piece of property described as Montrose Park Addition, Lot2, Block 7. The "CN -1" District will allow for the construction of a multiple family housing development consisting of (2) separate buildings, with three single-family units in each. BACKGROUND AND FINDINGS: • The property owner has requested an expansion of the "CN -1" Neighborhood Commercial District for the second lot of a two lot development. The applicant is of the opinion that with the first lot, abutting the subject property to the west and having the "CN -1" District, would be easier to expand an existing zoning district than to create a new single lot zoning district. Although this recommendation is not consistent with the adopted Future Land Use Plan, historically there has not been measurable re- development in this area. Therefore staff thinks that supporting this project will promote the redevelopment, infill, and reuse of unused vacant property. • This use will have minimal negative impact on adjacent uses and should not generate any excessive traffic on existing roads or existing infrastructure systems. • A re -plat will be required to accommodate the proposed site design and building layout. ALTERNATIVES: The Planning Commission and Staff are in agreement in recommending approval of the change of zoning. OTHER CONSIDERATIONS: N/A —1 9 9— FINANCIAL IMPACT: ® Not Applicable o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): RECOMMENDATION: On June 22, 2011, the Planning Commission and Staff recommended approval of the change of zoning to the "CN -1" Neighborhood Commercial District. CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property as continued residential use. The proposed change in zoning is not consistent with the Westside ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Westside ADP both encourage commercial development including where adjacent to residential properties. This may be achieved by employing methods which minimize and mitigate the impacts of commercial uses where adjacent to residential uses. In this case a negative impact would be less of an issue with the proposed use consisting of medium density residential uses within a "CN -1" Neighborhood Commercial District. The request for the "CN -1" District would be an extension of an existing "CN -1" District to serve as the second half of the proposed two lot development. EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: • Zoning Map • Future Land Use Map • Site Plan • Ordinance Cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget H:\PLN-DIR\SHARED\1. PLANNING COMMISSION\ 2011 CCUULY 2011\0611-02 PETER JON ROEL\0611-02 EXECUTIVE SUMMARY.DOC -200- 57 10 56 11 55 12 54 you .53 14 52 15 51 15 50 17 49 18 48 19 47 20 44 7R 43 74 42 25 41 26 40 27 39 78 38 29 4Z S 44 21 47 49 5 55 24 51 P DRg 5 18 Era 58 MORRIS ST A VsSaP1A9N5eal !!!!!!I!iiiiN rt ., 1481W054111212 COLEMAN--__AVE 363 43' Z3.A 02' 82'2 s�y[:z}2, 8 61411 211109 8 7 6 4 2 87654 2 ki P, 774-10'a515r 35 ✓.$c T -12 8 - KOS 14 11R 15 10 16 9 17 8 21 18 7 19 6 20 5 F�21 22 4 3 23 7 24 .1 CO Lu C 0 J 0 Z 21 4 Q 22 3 V 23 2 z CHIPPEWA S 10 11 0 12 5 6 2 8 1 22- 4 21 3 7 400 CASE: 0611-02 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House Dlsldct-1 Limited Industrial District A -IA Apartment House Dlsldct 1-2 Light Industrial District A-2 Apartment House District 14 Heavy Industrial Dlsldcl AB Professional Once District PUD Planned Unit Development AT Apartment -Tourist District R -IA One Family Dwelling Dislrid 13.1 Neighborhood Business District R -1B ane Family Dwelling District B -IA Neighborhood Business District R -1C Oise Family Dwelling District 8-2 Bayfront Business District R-2 Multiple Dwelling Distrid 2-2A Bather Island Business District RA One Family Dwelling District B-3 Business Dismct RE Residential Estate District 6-4 General Business District R-TH Townhouse Dwelling District 2-5 Primary Easiness Dlstcl SP Special Permit 13-6 Primary Business Core District RIA Travel Trailer Park District BD Corpus Christi Beach Design Dist. T -1B Manufactured Homs Perk District F -R Farm Rural District T -1C Manufactured Home SubdMsion HC Historical -Cultural Landmark District Preservation MSubject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on X Owners attached ownership table /� In apposition -eet 4A 4411 ■. __ 11111P1 OBro&2D11 Pr are y. SRR Oepartmen of Oeve/o mens Services / C- L PROPERTY 110 40 S LOCATION MAP 0 AR 5 CHANNEL N SUBJECT,02111 M000A �I Corpus Chase; aa. City of Corpus Chris —201— MORRIS ST COLEMAN AVE ' PSP 1 ST PSPES CHIPPEWA SJ PSPES LDR LDR 08/06/2011 Pr pa - C <y: SRR Depenmenr ofbev Io mentServIces CASE: 0611-02 4. SITE- FUTURE LAND USE n A• gricultural/Rural n Tourist F 1 E• state Residential =I Research/Business Park Low Density Res. = Light Industrial HEM MDR Med Density Res. F-1 High Density Res. I-1 Mobile Home Vacant n P• rofessional Office Commercial COM Transportation Plan Existing Proposed a Expressways •out Arterials ---- Collectors ----. On Parkway 000 111+1 Railroad +E+1- HIj GED Heavy Industrial Public Seml-Public l= Park oc Drainage Corridor Dredge Placement Water Conservation/Preservation DP 1 IcP1 / C 'k . CHANNEL Map Scale: 1:2,400 SUBJECT PROPERTY MORGAN LOCATION MAP -202- v City of Chhii ti �) 91.FL.091S M 3-111I1f MTh + 1990 • i9I9'9q I. 9q.F1.v0% RUTH STREET SITE PLAN 1ovsowi rr 1201101 p-cd/tce4 —203— UNCAN STREET ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, UPON APPLICATION BY PETER JON ROEL, ON BEHALF OF PETER JON ROEL & ASSOCIATES, LLC, BY CHANGING THE UDC ZONING MAP IN REFERENCE TO MONTROSE PARK ADDITION, BLOCK 7, LOT 2, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DUNCAN STREET AND RUTH STREET, FROM THE "RS -6" SINGLE-FAMILY 6 DISTRICT (FORMERLY "R -1B" ONE -FAMILY DWELLING DISTRICT) TO THE "CN -1" NEIGHBORHOOD COMMERCIAL DISTRICT (FORMERLY "B-1" NEIGHBORHOOD BUSINESS DISTRICT); AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Peter Jon Roel, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 22, 2011, during a meeting of the Planning Commission, and on Tuesday, July 19, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Montrose Park Addition, Block 7, Lot 2, located at the southeast corner of the intersection of Duncan Street and Ruth Street, from the "RS -6" Single - Family 6 District (Formerly "R -1B" One -family Dwelling District) to the "CN -1" Neighborhood Commercial District (Formerly "B-1" Neighborhood Business District) (Zoning Map 047,043) (Exhibit A -"Planning Commission's and Staff's Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. —204— Page 2 of 3 SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This 6 day of eborah Walther Bro Assistant City Attorney For City Attorney , 2011 H\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\7-19-11\Peter Jon Roel\07.06.11.0611-02 Ordinance (R -1B to 13- 1).DWBFinal.doc —205— Page 3 of 3 Corpus Christi, Texas day of 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott H:\LEG-DIR1Shared\LEGAL-DEV.SVCS\2011 Agenda \7-19-11\Peter Jon Roel\07.06.11.0611-02 Ordinance (R -1B to B- 1).DWBFinal.doc —206— tlieffisPrOleret 2 87654 COLEMAN AVE 02.E82 §1. 4 '�8161 41.211109876 4 .-I s�.i�aII __— ID WO 44546174 0606/2011 CASE: 0611-02 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: R-1 B (RS -6) TO: B-1 (CN -1) ., $WBJECT ":. PROPERTK' ORDINANCE NO. —207— 22 lusigNisaar City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 7, 2011 TO: FROM: Ronald L. Olson, City Manager Miguel S. Saldana, A.I.C.P. Manager, Land Development Development Services Department MiguelS@cctexas.com (361) 826-3568 A change of zoning from the "RS-6/IO" Single -Family 6 District with an Island Overlay ("R -1B/10" One -family Dwelling District with an Island Overlay) to the "RM-AT/IO" Multifamily AT District with an Island Overlay ("AT/10" Apartment Tourist District with an Island Overlay) by Jack Martin. PURPOSE The applicant has requested a change in zoning from the "RS -6/10" Single -Family 6 District with an Island Overlay to the "RM-AT/IO" Multifamily AT District with an Island Overlay on a piece of property described as Padre Island -Corpus Christi Section E, Lot 10, Block 2. The "RM-AT/I0" District will allow for the construction of a multiple family housing development. BACKGROUND AND FINDINGS: • The purpose of the "RM-AT/IO" Multifamily AT District with an Island Overlay is designed to permit high rise multiple family dwellings and tourist accommodations with limited outdoor advertising so as to be generally compatible with existing development in the district and in surrounding residential neighborhoods. • The subject property is within the Padre Island Section E Subdivision and is included within the Master Development Plan of Padre Isles and annexed in 1989 with an "R -1B" One -Family Dwelling District zone. • Over the past several years other properties in this immediate area have been rezoned from the "RS -6/10" CR -16/10") District to the "RM-AT/I0" ("AT/IO") District. Therefore, the zoning request is in keeping with the general trend of development and continues the directive established by the 1989 annexation ordinance and the Master Development Plan of Padre Isles. ALTERNATIVES: The Planning Commission and Staff are in agreement in recommending approval of the change of zoning. OTHER CONSIDERATIONS: N/A —211— FINANCIAL IMPACT: ® Not Applicable ❑ Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): RECOMMENDATION: On June 22, 2011, the Planning Commission and Staff recommended approval of the change of zoning to the "RM-AT/IO" Multifamily AT District with an Island Overlay. CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Mustang -Padre Island Area Development Plan (ADP) slates the subject property and surrounding area as high-density tourist uses. The proposed change in zoning is consistent with both the ADP and the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and ADP encourage commercial development including where adjacent to residential properties. This is achieved by employing methods which minimize and mitigate the impacts of commercial uses when and where adjacent to residential uses. Approval of the proposed "RM-AT/10" District would be consistent with what was planned for this area and continue current trends of development in this area. The request for the "RM-AT/IO" District would be an extension of an existing "RM-AT/10" District abutting to the south of the subject property. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: • Zoning Map • Future Land Use Map • Ordinance Cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget H:\PLN-DIR\SHARED\1. PLANNING COMMISSION\ 2011 CC\JULY 2011\0611-03 JACK MARTIN\0611-03 EXECUTIVE SUMMARY.DOC -212- S7PN49 • O L L A RYa UDI O ONDO3 / JOYA–DEL MAR-T&WNHO U 3 4 17 11 SUBJE PROPERTI e 1p R-IB/IO PADRE IS ANID 9 COND 12 SURIDE CONDO - PiDRE IS EE ARD ISLES COLO 'ADRE 0 B32/ Ir SLANT SEC UNIT • CASE: 0611-03 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House Distdot A -IA Apartment House Distdcl A-2 Apartment House District AB Professional Office District AT Apartment-Tourlsl District B-1 Neighborhood Business District B -IA Neighborhood Business District B-2 Bayfront Business Distant B -2A Beller Island Business District B-3 Business Dishict B-4 General Business District B-5 Primary Business District B-6 Primary Business Core District BD Corpus Christi Beach Design Dist. F -R Farm Rural District HC Historical -Cultural Landmark Preservation I-1 Limited Industrial District 1-2 Light Industrial District I-3 Heavy Industrial District PUD Planned Unit Development R -1A One Family Dwelling District R -IB One Family Dwelling District R -1C One Family Dwelling District R-2 Multiple Dwelling District RA One Family Dwelling District RE Residential Estate District R-TH Townhouse Dwelling District SP Special Permit T -1A Travel Trailer Park District T -1B Manufactured Home Park District T -1C Manufactured Home Subduslon District riSubject PropertyOwners with 200' buffer O in favor 4 Owner; within 200' listed on VOwners attached ownership fable A in opposition 0( 19 AND SE 4 O CONDO - PA/DREIS/L PADRE IS. --A S /C d 8 Brodz 11 Preps By:fRR 46 {LeRartment ofbe/elop ntservices nt a N MWrCAP N Clk 6 i Og LOCATION MAP SUBJECT PROPERTY c e Cityof Corpus Christi 'L 1 WATER T•R WATER P SUBJE ROP 404*1-. CO` nt D Afra r . eet CASE: 0611-03 4. SITE- FUTURE LAND USE AR Agricultural/Rural Ma Tourist In Estate Residential Mi2 Research/Business Park Low Density Res. in Light Industrial Med Density Res. I iii I Heavy Industrial DR High Density Res. 1 Public Semi -Public Ini Mobile Home I:= Park Vacant n Drainage Corridor Fl Professional Office n Dredge Placement Commercial In Water Conservatlon/Preservation PICO MDR VAC Transportation Plan Existing Proposed ea Expressways .u.l Arterials ---- Collectors ----• NO Parkway 000 ++++f Railroad +++1 CPI Map Scale: 1:2,400 08/06/20th epaEly:SPE Department of De�etcptlent fent Soren a° ry v41 Of E LOCATION MAPS SUBJECT PROPERTY s e City of Christi 114 ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, UPON APPLICATION BY JACK MARTIN, BY CHANGING THE UDC ZONING MAP IN REFERENCE TO PADRE ISLAND — CORPUS CHRISTI SECTION E, BLOCK 2, LOT 10, LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ARUBA DRIVE AND RUNNING LIGHT DRIVE, FROM THE "RS-6/IO" SINGLE-FAMILY 6 DISTRICT WITH AN ISLAND OVERLAY (FORMERLY "R-1B/IO" ONE -FAMILY DWELLING DISTRICT WITH AN ISLAND OVERLAY) TO THE "RM- AT/IO" MULTIFAMILY AT DISTRICT WITH AN ISLAND OVERLAY (FORMERLY "AT/IO" APARTMENT TOURIST DISTRICT WITH AN ISLAND OVERLAY) AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Jack Martin, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 22, 2011, during a meeting of the Planning Commission, and on Tuesday, July 19, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Padre Island -Corpus Christi Section E, Block 2, Lot 10, located at the southeast corner of the intersection of Aruba Drive and Running Light Drive, from the "RS -6/10" Single -Family 6 District with an Island Overlay (Formerly "R-18/10" One - family Dwelling District with an Island Overlay) to the "RM-AT/IO" Multifamily AT District with an Island Overlay (Formerly "AT/10" Apartment Tourist District with an Island Overlay) (Zoning Map 028,026) (Exhibit A -"Planning Commission's and Staffs Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance. —215— Page 2 of 3 SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this _ day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This 6# day of ► eborah Walther ro n Assistant City Atto ey For City Attorney 2011 H:1LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda \7-19-11\Jack Martin\07.06.11.0611-03 Jack Martin (R-1 B 10 to AT 10)DWBFinal.doc —216— Page 3 of 3 ' Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott H:\LEG-DIR\Shared\LEGAL-DEV.SVCS12011 Agenda \7-19-11\Jack Martin\07.06.11.0611-03 Jack Martin (R-1810 to AT 10)DWBFinal.doc — 2 1 7— SUBJE ROPERT fl ensue ¢s&artmem ofge%IoigSenleee CASE: 0611-03 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: R-1 B/IO (RS -6/10) TO: AT/IO (RM-AT/IO) ORDINANCE NO. 4 I 0 23 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 7, 2011 TO: FROM: PURPOSE Ronald L. Olson, City Manager Miguel S. Saldaria, A.I.C.P. Manager, Land Development Development Services Department MiguelS@cctexas.com (361) 826-3568 A change of zoning from the "RS -6/10" Single -Family 6 District with an Island Overlay ("R -1B/10" One -family Dwelling District with an Island Overlay) to the "RM-AT/IO" Multifamily AT District with an Island Overlay ("AT/10" Apartment Tourist District with an Island Overlay) by Diane McGroarty. The applicant has requested a change in zoning from the "RS -6/10" Single -Family 6 District with an Island Overlay to the "RM-AT/10" Multifamily AT District with an Island Overlay on a piece of property described as Padre Island -Corpus Christi Section E, Lot 11, Block 2. The "RM-AT/I0" district will make the property more consistent with current development trends in this area. BACKGROUND AND FINDINGS: • The purpose of the "RM-AT/10" Multifamily AT District with an Island Overlay is designed to permit high-rise multiple family dwellings and tourist accommodations with limited outdoor advertising so as to be generally compatible with existing development in the district and in surrounding residential neighborhoods. • The subject property is within the Padre Island Section E Subdivision and is included within the Master Development Plan of Padre Isles and annexed in 1989 with an "R -1B" One -Family Dwelling District zone. • Over the past several years other properties in this immediate area have been rezoned from the "RS -6/10" ("R-18/10") District to the "RM-AT/IO" ("AT/IO") District. Therefore, the zoning request is in keeping with the general trend of development and continues the directive established by the 1989 annexation ordinance and the Master Development Plan of Padre Isles. ALTERNATIVES: The Planning Commission and Staff are in agreement in recommending approval of the change of zoning. OTHER CONSIDERATIONS: N/A —221— FINANCIAL IMPACT: ® Not Applicable ❑ Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): RECOMMENDATION: On June 22, 2011, the Planning Commission and Staff recommended approval of the change of zoning to the "RM -AT" Residential Multifamily Apartment Tourist District. CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Mustang -Padre Island Area Development Plan (ADP) slates the subject property and surrounding area as high-density tourist uses. The proposed change in zoning is consistent with both the ADP and the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and ADP encourage commercial development including where adjacent to residential properties. This is achieved by employing methods which minimize and mitigate the impacts of commercial uses when and where adjacent to residential uses. Approval of the proposed "RM-AT/IO" District would be consistent with what was planned for this area and continue current trends of development in this area. The request for the "RM-AT/IO" District would be an extension of an existing "RM-AT/IO" District abutting to the south of the subject property. EMERGENCY / NON -EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A LIST OF SUPPORTING DOCUMENTS: • Zoning Map • Future Land use Map • Ordinance Cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Interim Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget H:\PLN-DIR\SHARED\1 PLANNING COMMISSION \2011 CCUULY 2011\0611-04 DIANE MCGROARTY\0611-04 EXECUTIVE SUMMARY.DOC -222- RIA 17A SULpf el R t-�14 PR • P / 11 A HORSE CON 0 23 1 SUR -ASIDE C DO • RIORE I.L EE ARO ISLES CtIt 0 21 B - 211 0 PAg20 E SLAND SEC C -N� SEC UI PARR LLT DOE ,SL' 219 J 0 5.4 11 SEC A 08/07/200 Prepared By: SRR meant of Development Services CASE: 0611-04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apartment House District 1-1 Limited Industrial District A -1A Apartment House District 1-2 Light Industrial District A-2 Apartment House District 13 Heavy Industrial District AB Professional Office District PUD Planned Unit Development AT Apedment-Tourist District R -1A One Family Dwelling District 13-1 Neighborhood Business District R -1B One Family Dwelling District B -1A Neighborhood Business District R -1C One Family Dwelling District 13-2 Bayfront Business Dishict R-2 Multiple Dwelling Meld B -2A Barrier Island Business District RA One Family Dwelling District B-3 Business District RE Residential Estate District B-4 General Business District R-TH Townhouse Dwelling District B-5 Primary Business District SP Special Permit 133 Primary Business Core District T -1A Travel Trailer Park District BD Corpus Christi Beech Design Dist. T -1B Manufactured Home Park District F -R Farm Rural District T -1C Manufactured Home Subdivision HC Historical -Cultural Landmark Dstrid Preservation 12-2Subject Property O Owners with 200' buffer in favor 4 Owners within 200' listed on y Owners attached ownership table In opposition -2 R.1." -/r0 R� +Y� 6-F/r0 TOO 08/07/2011 Prepared By: SRR e ent of Development Services CASE: 0611-04 4. SITE- FUTURE LAND USE I-1 A• gricultural/Rural n Tourist ER Estate Residential Research/Business Park E1 Light Industrial GDR Low Density Res. Med Density Res. R.--1 H• igh Density Res. Elni Mobile Home Vacant P• rofessional Office Commercial MDR FES COM Transportation Plan Existing Proposed a Expressways orad Arterials ----. Collectors ---- NO Parkway 000 +1-1-H- 1 1 Railroad -1-141+ 1=2 HI 1 1 1 1 !- HI Heavy Industrial Public Semi -Public n Park n Drainage Corridor Dredge Placement Water Conservation/Preservation DPI 1461 CPI Map Scale: 1:2,400 ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, UPON APPLICATION BY DIANE MCGROARTY, BY CHANGING THE UDC ZONING MAP IN REFERENCE TO PADRE ISLAND — CORPUS CHRISTI SECTION E, BLOCK 2, LOT 11, LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF RUNNING LIGHT DRIVE AND LEEWARD DRIVE, FROM THE "RS -6/10" SINGLE-FAMILY 6 DISTRICT WITH AN ISLAND OVERLAY (FORMERLY "R -1B/10" ONE -FAMILY DWELLING DISTRICT WITH AN ISLAND OVERLAY) TO THE "RM-AT/IO" MULTIFAMILY AT DISTRICT WITH AN ISLAND OVERLAY (FORMERLY "AT/IO" APARTMENT TOURIST DISTRICT WITH AN ISLAND OVERLAY) AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Diane McGroarty, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 22, 2011, during a meeting of the Planning Commission, and on Tuesday, July 19, 2011, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Padre Island -Corpus Christi Section E, Block 2, Lot 11, located at the southwest corner of the intersection of Running Light Drive and Leeward Drive, from the "RS-6/IO" Single -Family 6 District with an Island Overlay (Formerly "R-1B/IO" One -family Dwelling District with an Island Overlay) to the "RM-AT/IO" Multifamily AT District with an Island Overlay (Formerly "AT/IO" Apartment Tourist District with an Island Overlay) (Zoning Map 028,026) (Exhibit A "Planning Commission's and Staff's Recommendation").. SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the UDC made by Section 1 of this ordinance —225— Page 2 of 3 SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.101 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2011. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This :L=f day of oi/Oat eborah Walther Assistant City Attorney For City Attorney 2011 H:\LEG-DIR\Shared\LEGAL-DEV.SVCS\2011 Agenda\7-19-11\Diane McGroarty\7-6-11.0611-04 Ordinance (R-1610 to AT 10)DWBFinal.doc —226— Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott H:\LEG-DIR1Shared\LEGAL-DEV.SVCS\2011 Agenda\7-19-11\Diane McGroarty\7.6-11.0611-04 Ordinance (R-1610 to AT I0)DWBFinal.doc —2 2 7- litA urea us 11 P.RSS CO 12 I 23 SLtRnatEtE ISLES Ce 21 1 FA@RE t 4. tr SEC A FACER SLAM4 SEC C VU 46 SA IDf SEC141 .7-!! CASE: 0611-04 EXHIBIT A PLANNING COMMISSION'S & STAFF'S RECOMMENDATION FROM: R-1 B/IO (RS-6/IO) TO: AT/IO (RM-AT/IO) OS/07/2011 Prepared Sy: SRR r at Development Services ORDINANCE NO. 24 tereW City of Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 7, 2011 TO: FROM: Ronald L. Olson, City Manager Miguel S. Saldana, A.I.C.P., Manager of Land Development, Development Services Department MiguelS@cctexas.com (361) 826-3568 Case No. 0610-01, Ralph and Irma Rivera - Special Permit (SP) Extension and request for partial change of required condition 2 of SP. PURPOSE: Motion to consider a one-year time extension of a Special Permit (SP) to July 20, 2012 to allow for the continued use of property located at 621 Mohawk Street as a vehicle storage facility, and to consider that the requirement at SP Condition 2 of 7 that an eight (8) foot screening fence be placed along the south property line shared with the one -family dwelling district, be reduced to require a six (6) foot screening fence as must be installed surrounding the remaining perimeter of the property. BACKGROUND AND FINDINGS: Ralph and Irma Rivera are requesting an extension of their Special Permit that is due to expire on July 20, 2011. The applicants are requesting a one year time extension and reduction of required screening fence height from 8 feet to 6 feet as to south property line portion of the perimeter of the property. The subject property is currently used as a vehicle wrecker service and impound yard with a watchman's quarters, operating under the name Texas Wrecker Service. • On July 20, 2010, the applicants requested a change in zoning from the "B-4" General Business District to the "1-2" Light Industrial District to allow for a vehicle storage facility. City Council denied the "1-2" Light Industrial District, and in lieu thereof, approved the "B-4/SP" Neighborhood Business District with a Special Permit and seven (7) conditions. The Special Permit was granted to allow for the operation to continue with the conditions of screening, lighting, and driveway closure. The seven (7) conditions are as follows: 1. Uses: All uses allowed in the "B-4" General Business District plus a vehicle storage facility with a watchman or caretaker quarters. 2. Screening: A solid screening fence shall be installed to a height of six (6) feet along the perimeter of the subject property last the south property line shared with one -family dwelling districts. The south property line shall have a solid screening fence eight (8) feet in height. 3. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and be directed away from adjacent properties and be directed away from adjacent properties. —231— 4. Closure of Driveways: Driveway access to subject property shall be closed on Cheyenne Street and Mohawk Street. 5. Hours of operation: 8am to 5pm Monday through Friday. After hours delivery and collection of vehicles shall be allowed. 6. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions However, approaching the anniversary of the ordinance, compliance remains to be fulfilled as required in Condition 6 of the Special Permit. For more detailed information, please see attached zoning report. • The Timeline of Texas Wrecker: 04/23/2007 — Complaint received by Code Enforcement stated that the lot is grandfathered as being able to hold junk vehicles, and now has little by little been expanded into neighbor's lots, which are not grandfathered and using them for the same use. 01/28/2008 — Code enforcement inspection confirmed that a wrecker service with outdoor storage of wrecked vehicles was in operation. 01/31/2008 — Notice was mailed to Ralph & Irma Rivera (PO Box 5128 CC, TX 78465) for zoning use violation, Zoning Ordinance Sec. 4-4.01. No land may be used except for a purpose permitted in the district in which it is located 10/21/2009 — Additional citizen complaint: 621 Mohawk is being used as storage/impound lot for seized transfer vehicles from the DEA. Owner may also be operating as wrecker service with junked vehicles. 10/23/2009 — Code Enforcement Inspection found that location was being used for an impound lot and property was zoned "B-4" General Business District. 10/27/2009 — Notices sent to owner (Ralph & Irma Rivera at PO Box 5128 and at 302 45th St.; Texas Wrecker at 621 Mohawk;) for zoning use violation, Zoning Ordinance Sec. 4-4.01. No land may be used except for a purpose permitted in the district in which it is located and Zoning Ordinance Sec. 27-3.01.06 (fence required). 10/28/2009 — Notice resubmitted to owner to same addresses as 10/27/09 notices, noting different tax identification numbers. 10/30/2009 — Received letter from Hal George about the notice Texas Wrecker received. 11/17/2009 — Code Enforcement re -inspection found property still in violation. 11/24/2009 — Final notice of violation mailed to same addresses as 10/27/09 notices. 12/2009 — Development Services & Code Enforcement staff & Attorneys met with Norma Rivera and her Attorney, Hal George. Staff advised they would research property history relative to whether the use is existing, non -conforming (grandfathered) or an illegal use that expanded over the years. -232- 3/4/2010 — Staff provided a report to the owner's Attorney, Hal George, noting findings that the property would require rezoning and possible issues related to building permits. Staff advised the owner of upcoming zoning application deadlines. 3/18/10 — Staff followed up with Hal George, requesting zoning application submitted no later than March 31st. 4/05/10 — Staff followed up with Hal George again, advising March 31st deadline was missed. Next zoning application deadline is April 9th. 4/09/10 — Norma Rivera calls city staff at 3:15 pm to discuss submitting zoning application. Over the phone, staff reviews zoning application requirements online, including the need to submit metes and bounds survey for a complete application to be accepted (since rezoning would include unplatted lots). 06/09/10 — Planning Commission public hearing and a recommendation of approving the Special Permit. 07/20/10 — City Council approves the change of zoning to "B-4/SP" General Business District with a Special Permit. ALTERNATIVES: Approval of the time extension; denial of the time extension. OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: ® Not Applicable o Operafng Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. Current Future TOTALS (CIP Only) Year Years Budget Encumbered/Expended amount as of (DATE) 0 This item 0 0 0 BALANCE 0 0 0 0 FUND(S): RECOMMENDATION: Staff recommends denial of the time extension and reduction of fence height. CONFORMITY TO CITY POLICY: The tract of land is located in the Westside Area Development Plan and is planned for commercial uses. The industrial use is not consistent with the adopted Future Land Use Plan which designates the area for commercial uses. The Westside Area Development Plan and the Comprehensive Plan both emphasize protection of adjacent single-family residences through techniques such as, buffering and screening. EMERGENCY / NON -EMERGENCY: Emergency -233- DEPARTMENTAL CLEARANCES: Legal LIST OF SUPPORTING DOCUMENTS: • Applicant's Request • Ordinance 028682 • Zoning Report • Maps Cc: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager H:\PLN-DIRISHARED\I. PLANNING COMbIISSION\201 I CCUULY 2011\TEXAS WRECKER SP EXTENSION \SP EXTENSION EXECUTIVE SUMMARY.DOC —234— 4 Morgan Towing trio. , dee TEXAS WRECKER SERVICE "On OurTows...Slnce 19641°" June 17, 2011 Miguel S. Sa'dafta, AICP Senior Planner City of Corpus Christi 2406 Leopard St Corpus Christi, TX 78408 RE: Request for time extension for B-4!SP Permit, Ordinance #028082 Dear Mr. Saldana, We are requesting !time extension for the requirements placed on our propertylocated at 821 Mohawk Street, Corpus Christi, TX. The Special Permit granted in Section 1 of this Ordinance #028682 is subject to the following seven .17) conditions: Watchman's or Caretaker's quarters. Screening. Directional Liahtina. Closure of Driveways. Hours of Operation. Limitations & Time Limit. Upon being granted a B-4/SP permit, Ralph & Irma Rivera, immediately hired Bass & Welch Engineering to replat the multiple properties known as 621 Mohawk Street. This process took several months. In November 2010, the plat was finalized & recorded in the Nueces County records in November 2010. This sante month we paid for the required installation of a fire hydrant to meet city codes. In January 2011, Mr. & Mrs. RWere hired Envirotest to perform an Asbestos Survey Report. February 2011: the weather was a deterrent in proceeding with building Improvements. In March 2011, we received Building Permit 11-1594; the office/watchman's•quarters was lifted & holes were dug to prepare for foundation piers. In May 2011, the piers and floor Joists were completed. After considering various screening options, we special ordered metal panels from Mueller Inc. We are now in the process of finding a qualified welder to install these panels to meet the 7' high requirements. We will then proceed with Installing the screening between the residential properties to meet the 8' high requirement after strengthen the metal posts required to sustain the weight of these metal panels. We went Into this blindly; that's why we hired lawyer. We have already spent a lot of money please see our list of examples below. City ordinance only requires 6' standard 621 Mohawk Street, Corpus Christi, TX 78405 Tel (351) 883-3948 • Fax (361) 884-8335 www.TexasWreckerCC.com -235- screen fence. Building code requires no permits for fences less than 7' in height. Why were we required to install 8' fence? If 1 had known this 1 would have brought this up at the planning commission meeting. The 8' fens requires enolneerinq and needs to meet windstorm auide lines of 120 mph. COSTS Amount Surveyor $4,000 Attorney Fees 2500 County Filing Foe 54 Fire Hydrant 4300 Building Permit x Asbestos Survey 400 Engineer 600 Metal screening (7 foot panels) 7297.65 Metal screening (8 foot panels)* 2622.22 Piers 3949.77 Estimated total costs to date: $ 25,723.64 *Material yet to be purchased This whole process has been very costly, but you can see we've been busy pushing forward. I did not realize construction takes so much time. I am requesting an extension for more time to get all the work done successfully as required by city ordinance # 028882. 1 am requesting the maximum amount of time allowed as we still have the following duties: • Finish repairing watchmen's quarters • Installing 7' metal panels (screening) • Installing 8' metal panels (screening) • Closing the drive way entrance facing Mohawk Street Also, we have spoken with engineer and he said that we would need to put fence post at 4' on center and 4` ft; 5' deep, four horizontal runneni, and the metal r -panels; this will cost 2 % X cost of a standard screen fence under 7'. We will have to remove the existing fence and start all over versus simply improving upon it. As you can see, it has been estimated td cost $$2622.22 on the'R-panel material alone (not included auger rentals, labor, etc). Consequently, I am also requesting permission to install 7' fence because zoning ordinance only requires 6' instead of an 8' fence. If you have any questions regarding my requests, please feel free to call me 361-883-3948. Sincerely, Norma Rivera, Daughter and agent of Ralph & Irma Rivera Cc: JohnnvPaa cctexas:com Cc: AnnikaGOcctexas.com Cc: AndrewD(cctexas.com 621 Mohawk Street; Corpus Christi, TX 78405 Tel (381) 889-3948 * Fax (381) 884-8335 www.TexaswreokerCC.com —236— Page 1 of 4 ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RALPH AND IRMA RIVERA, BY CHANGING THE ZONING MAP IN REFERENCE TO 1.266 ACRES, PATRICK GARDENS BLOCK 1, LOT 3A NORTH 102.7'; PATRICK GARDENS PORTION LOT 1, NORTH 125' OF LOTS 2 & 3; PATRICK GARDENS 50' X 132.5' OF LOTS 1 & 2; PATRICK GARDENS SOUTH 50' OF NORTHEAST 186.5' OF LOT 1; PATRICK GARDENS 57' X100.1' OF LOT 1 & EAST 50.05' OF LOT 2 , FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-4/SP" GENERAL BUSINESS DISTRICT WITH A SPECIAL PERMIT TO ALLOW FOR A VEHICLE " STORAGE FACILITY, SUBJECT TO SEVEN (7) CONDITIONS; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Ralph and Irma Rivera, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 9, 2010, during a meeting of the Planning Commission, and on Tuesday, July 20, 2010, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 1.266 acres, Patrick Gardens Block 1, lot 3A North 102.7'; Patrick Gardens portion lot 1, North 125' of lots 2 & 3; Patrick Gardens 50' x 132.5' of lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of lots 1; Patrick Gardens 57' x 100.1' of lot 1 & East 50.05' of lot 2, located at 621 Mohawk, from."B-4" General Business District to "B-4/SP" General Business District with a Special Permit to allow for a vehicle storage facility, subject to seven (7) conditions. (Zoning Map 048043) (Exhibit A) SECTION 2. That the Special Permit granted in Section 1 of this ordinance is subject to the following seven (7) conditions: 028.682 H:M,EG DIR\Shared\LEGAL-OEV.SVCS12010 Agenda\7-20-101CASE NO. 0610-01 RALPH AND IRMA RIVERA\0610-01.Ralphlrma.Rivera.84- B4SP.Zoning-Special PermiLDoc —237— INDEXED Page 2 of 4 1. Uses: All uses allowed in the "B-4" General Business District plus a vehicle storage facility with a watchman's or caretaker's quarters. 2. Screening: A solid screening fence shall be installed to a height of six (6) feet along the perimeter of the subject property less the south property line shared with one -family dwelling districts. The south property line shall have a solid screening fence eight (8) feet in height. 3. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and be directed away from adjacent properties. 4. Closure of Driveways: Driveway access to subject property shall be closed on Cheyenne Street and Mohawk Street. 5. Hours of Operation: 8 A.M. to 5 P.M., Monday through Friday. After hours delivery and collection of vehicles shall be allowed, 6. Limitations: Vehicle stacking or installation of vehicle storage racks is prohibited. 7. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35-3 of the Zoning Ordinance of the City of Corpus Christi. H:ILEG-DIR\Shared\LEGAL-DEV.SVCS12010 Agenda17-20-10\CASE NO. 0610-01 RALPH AND IRMA RIVERA10610-01.Ralph.hma.Rivera.B4- B4SP.Zoning-Special PermltDoc —238— Page 3 of 4 SECTION 8. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so, at this ordinace is passed upon first reading as an emergency measure on this ao day of n 2010. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame GG�9 City Secretary Mayor, City of Corpus Christi APPROVED: Sir , 2010 eborah Walther Bro Assistant City Attome For City Attorney H:\LEG-DIR\Shared1LEGAL-DEV.SVCSt2010 Agenda\7-20-101CASE NO. 0610-01 RALPH AND IRMA RIVERAt0610-01.RaIph.Irma.Rlvera.64- 64SP,ZoningSpecial Permit.Doc —239— Page 4 of 4 Corpus Christi, Texas day of 2010 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members goliPsta Joe AQame Mayor, City of Corpus Christi The above ordinance was passed by the following vote: 0 /it is 0286S2 Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EFFECTIVEDATE gsLarel.kg.,,010 H:ILEG-DIRiSharedtEGAL-DEV.SVCS12010 Agendat7-20-101CASE NO. 0610.01 RALPH AND IRMA RIVERA10610.01.RaIph.Irma.Rivera.B4- B48P.ZoningSpectal Permit.Doc —240— Exhibit A Planning commission 8, Staff Recomanendation From: B-4 To: B-4/SP stsacr PROPERTY Ordinance: -241- ZONING REPORT Case No.: 0610-01 Planning Commission Hearing Date: June 9, 2010 Applicant: Ralph and Irma Rivera Owner: Ralph and Irma Rivera Representative: Norma L. Rivera Address: 621 Mohawk Legal Description/Location: 1.266 acres, Patrick Gardens Block 1, lot 3A North 102.7'; Patrick Gardens portion lot 1, North 125' of lots 2 & 3; Patrick Gardens 50' x 132.5' of lots 1 & 2; Patrick Gardens South 50' of Northeast 186.5' of lot 1; Patrick Gardens 57' x 100.1' of lot 1 & East 50.05' of lot 2, located at 621 Mohawk Street. toy .q p o v N Z From: "B-4" General Business District To: "I-2" Light Industrial District Area: 1.266 acres Purpose of Request: The applicant is requesting a change in zoning from the "B-4" General Business District to the "I-2" Light Industrial District to allow for a vehicle storage facility. Zoning Designations Zoning Existing Land Use Future Land Use Site "B-4" General Business District Light Industrial Commercial/ Light Industrial North "B-4" General Business District Vacant Commercial South "R -1B" One -family Dwelling District Low Density Residential Low Density Residential East "B-4" General Business District Commercial Commercial West "B-4" General Business District Vacant Commercial ADP, Map & Violations Area Development Plan: This tract of land is located planned for commercial uses. The proposed change Future Land Use Plan which designates the area for Map No.: 048,043 Zoning Violations: 1. Property is not zoned properly. The Zoning in the Westside Area in zoning is not consistent commercial and industrial Ordinance requires "I-2" impound use. property is not platted. The Development Plan and is with the adopted uses. Light Industrial or "I-3" City Charter requires can be issued. non -conforming or of storage of DEA on site. Occupancy issued in the driveway permit Heavy Industrial zoning for this vehicular 2. Lot 3A is platted, however, the remaining property to be platted before a building permit 3. Illegal expansions - Zoning Ordinance does or Certificate of Occupancy not permit expansion of including the recent addition offices currently located - for Certificate of illegal uses (or buildings) in area or usage confiscated tractor trailers. Three modular 4. Inspections have not been called for or performed 1996, the building permit issued in 2004 for an accessory building, or issued in 2004. —242— Zoning Report Case #:0610-01, Ralph and Irma Rivera Page 2 Staff's Summary: • Request: The applicant is requesting a change in zoning from the "B-4" General Business District to the "I-2" Light Industrial District to allow for a vehicle storage facility. • Quick Summary Texas Wrecker was established at its current location (621 Mohawk St.) in the early 1970s. In 1973, Mr. Castillo and Mr. Rodriguez were approved a change of zoning from "A-2" Apartment House District to "B-4" General Business District. The 1973 rezoning stated that the proposed use was an auto repair business, which would have been allowed in a "B-4" District. The "B-4" District has never allowed for the current vehicle storage facility or impound yard use In 1973, the Zoning Ordinance allowed for automobile wrecking yards, including outside storage, to be located in an industrial use district not the general business district. The current use is an illegal use not a non -conforming use. Texas Wrecker is not grandfathered at this location in a "B-4" General Business District. Texas Wrecker must obtain the proper zoning in order to continue operating at this location. The representative for Texas Wrecker has been advised that the subject properties are no longer consistent with the Platting Ordinance. Further expansion or construction of new buildings at this location would require replatting of the property since building permits cannot be issued on a non platted property. The representative met with Planning staff on May 6, 2010, and discussed possible conditions of a special permit in lieu of the "I-2" Light Industrial District, including limiting access to Morgan Ave., screening, directional lighting, and limitation of hours of operation. Texas Wrecker employs a watchman who stays after business hours. • Timeline of Texas Wrecker: 04/23/2007 - Complaint received by Code Enforcement stated that the lot is grandfathered as being able to hold junk vehicles, and now has little by little been expanded into neighbor's Lots, which are not grand fathered and using them for the same use. 01/28/2008 — Code enforcement inspection confirmed that a wrecker service with outdoor storage of wrecked vehicles was in operation. 01/31/2008 - Notice was mailed to Ralph & Irma Rivera (PO Box 5128 CC, TX 78465) for zoning use violation, Zoning Ordinance Sec. 4-4.01. No land may be used except for a purpose permitted in the district in which it is located 10/21/2009 - Another citizen complaint: 621 Mohawk is being used as storage/impound lot for seized transfer vehicles from the DEA. May also be operating as wrecker service with junked vehicles. 10/23/2009 — Code Enforcement Inspection found that location was being used for an impound lot and property was zoned "B-4" General Business District. —243— Zoning Report Case #:0610-01, Ralph and Irma Rivera Page 3 10/27/2009 - Notices sent to owner (Ralph & Irma Rivera at PO Box 5128 and at 302 45th St.; Texas Wrecker at 621 Mohawk;) for zoning use violation, Zoning Ordinance Sec. 4-4.01. No land may be used except for a purpose permitted in the district in which it is located and Zoning Ordinance Sec. 27-3.01.06 (fence required). 10/28/2009 - Notice resubmitted to owner to same addresses as 10/27/09 notices, noting different tax identification numbers. 10/30/2009 - Received letter from Hal George about the notice Texas Wrecker received. 11/17/2009 — Code Enforcement re -inspection found property still in violation. 11/24/2009 - Final notice of violation mailed to same addresses as 10/27/09 notices. 12/2009 — Development Services & Code Enforcement staff & Attorneys met with Norma Rivera and her Attorney, Hal George. Staff advised they would research property history relative to whether the use is existing, non -conforming (grandfathered) or an illegal use that expanded over the years. 3/4/2010 — Staff provided a report to the owner's Attorney, Hal George, noting findings that the property would require rezoning and possible issues related to building permits. Staff advised the owner of upcoming zoning application deadlines. 3/18/10 — Staff followed up with Hal George, requesting zoning application submitted no later than March 31st. 4/05/10 — Staff followed up with Hal George again, advising March 31st deadline was missed. Next zoning application deadline is April 9th. 4/09/10 — Norma Rivera calls city staff at 3:15 pm to discuss submitting zoning application. Over the phone, staff reviews zoning application requirements on-line, including the need to submit metes and bounds survey for a complete application to be accepted (since re -zoning would include un -platted lots). Summary of Issues 1. Improper Zoning — Impound yard is not allowed under current B-4 zoning. a. Use is Not Grandfathered — Property was rezoned to B-4 in 1973 for auto repair business. B4 allows automobile, boat, RV and mobile home sales and storage. Storage in this context has historically been interpreted by the City to mean accessory storage of automobiles, boats, RVs and mobile homes with the primary retail sales of these products. b. Illegal Expansion Over Years — Staff research (see attached) found the property illegally expanded over the years to become an impound lot. 1973 aerial photo shows land now operated by Texas Wrecker was vacant. —244— Zoning Report Case #:0610-01, Ralph and Irma Rivera Page 4 i. I-2: Uses including contractor shop, outside storage yard, coal and coke storage and sales, etc. ii. I-3: Uses including automobile wrecking, cars, and parts storage and sale; and junk and salvage storage 2. Platting — Lot 3A is platted, but the other tracts are not platted a. Property must be platted if the owner intends to get any future building permits to construct or enlarge any house or structure on the property. 3. Fire Code - Fire Department inspection is pending a. Platting — On street spacing fire hydrants every 300 feet b. Fire Code (building permits) — To be determined based on Fire Department inspection. 4. Intersection Vision Obstruction — Vehicle operator line of sight at intersections cannot be obstructed by screening fence or other means. Vehicle operators (measured at operator's line of sight 10 feet away from intersections) need to be able to see appropriate distance each direction down the intersecting street. • Existing Land Uses: The subject property is currently used as a vehicle wrecker service and impound yard with a watchman's quarters. Commercial, light industrial, and vacant uses surround the property. • Existing Zoning: The subject property is zoned "B-4" General Business District. The "B-4" General Business District allows for single and multi -family residential, public uses (churches & schools), and commercial uses. This District requires a minimum lot area of 6,000 square feet, with a 20 foot building setback from the street right-of-way lines. Ten foot side or rear yard setbacks are required for single-family residential. Non-residential development permitted in this district does not require side and rear yard setbacks, except where the side or rear yard is located adjacent to a residential district, in which case the depth of those yards must be 10 feet. • Proposed Zoning: The purpose of the "I-2" Light Industrial District is to provide for light manufacturing, fabrication, warehousing, and wholesale distributing in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Residential uses are not allowed. The "I-2" Light Industrial District allows for a vehicle impound yard for wrecked vehicles in association with wrecker services. In Article 24 of the Zoning Ordinance, the "I-2" District requires a minimum 20 -foot front yard setback and no side or rear yards unless abutting a residential district; then 10 -foot side and rear set back is required. The "I-2" District does not have a minimum lot size, lot frontage, height limitation, open space requirement or floor area intensity factor requirement. • Transportation and Circulation: The subject property located south of Morgan Avenue, between Cheyenne Street and Mohawk Street. The Urban Transportation Plans proposes Morgan Avenue as an Al Minor Arterial Undivided, Cheyenne Street as a C1 Minor Residential Collector and Mohawk Street as a residential street. -245- Zoning Report Case #:0610-01, Ralph and Irma Rivera Page 5 Street R.O.W. Street Existing ROW and Paved Section Planned ROW and Paved Section Urban Transportation Plan Traffic Volume 2008 Morgan Avenue 95'/ 64' paved, 4 -Lanes No Change Al, Minor Arterial Undivided 9,131 Cheyenne Street 60'/ 40' paved, 2 -Lanes No Change Cl, Minor Residential Collector N/A Mohawk Street 60'/ 40' paved, 2 -Lanes No Change Residential Street N/A • Infrastructure Demand: o Water: An 8 -inch water line runs along Cheyenne Street. o Wastewater: An 8 -inch wastewater line runs along Cheyenne Street. o Stormwater: Stormwater lines are long the north side of the property as does a storm drainage ditch. • Public Safety: o Police: The subject property is served by the Corpus Christi Police Department and is in the Directed Patrol District D50. Crime statistics up to 2005 show a decline from 1,003 crimes committed in 1993 to 947 in 2005. The last year for which statistics are available is 2005. o Fire: The closest Fire Station is number ten, located at 1550 Home Road, approximately 2 miles from the subject property. • Environmental Constraints: o FEMA Flood Zone: Zone C: Area of minimal flood hazard o Soil Type: 100% (Ua) "Urban Land" • Slope: 0 to 1 percent • Drainage class: Well drained • Depth to water table: More than 80 inches • Frequency of flooding: None • Frequency of ponding: None o Wetlands: None o Flight Zone: None • Relationship to Smart Growth (See Attachment 8, Principles of Smart Growth): Staff has rated the relationship of the rezoning request to Smart Growth Principles by rating the rezoning a 25 on a scale of 100 points. • Comprehensive Plan Consistency: The adopted Future Land Use Plan designates the subject property for commercial uses, therefore, the proposed "I-2" Light Industrial District is not consistent with the City's Comprehensive Plan. In addition to the Future Land Use —246— Zoning Report Case #:0610-01, Ralph and Irma Rivera Page 6 Plan, policies from the Corpus Christi Policy Statements and the Area Development Plans are provided below. o CORPUS CHRISTI POLICY STATEMENTS: • III. LAND USE: POLICIES -GENERAL: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLAN. The City Council adopted area development plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The property is within the area of the Southside Area Development Plan (SADP) which calls for the placement of commercial activities at locations with good access and high visibility. The subject property has the potential for good access and high visibility. Even though the subject property is earmarked to remain commercial, steps can be taken to protect adjacent land uses. • M. WAFN AREAS ARE CONVERTED FROM RESIDENTIAL TO INDUSTRIAL ZONING, ACTIONS TAKEN SHOULD INCLUDE PROTECTING THE REMAINING RESIDENTIAL ENVIRONMENT. There are a number of industrially zoned areas containing housing concentrations that range in size from one-half to several full blocks. Although these areas are not suitable for continued long-term housing, they currently provide much needed housing for residents. If these areas are to be redeveloped for industrial uses, care must be taken to do so in a manner that is sensitive to the interests and needs of the residents. Staff Comment: Conditions are recommended to protect all adjacent land uses. o WESTSIDE AREA DEVELOPMENT PLAN • C.6 —Policy Statement Industrial properties should be required to minimize undesirable "spillover effects" into residential and commercial areas (including noise, air pollution, visual blight, etc.) by means of property layout and organization of activities by screening and maintaining buffer areas or zones for their activities: Staff Comment: Buffering of offensive commercial and industrial uses is necessary where there is a direct residential adjacency and protection of the neighborhood is the goal. —247— Zoning Report Case *0610-01, Ralph and Irma Rivera Page 7 Plat Status: The subject property is not platted. Staff Recommendation: Denial of the applicant's request to rezone the subject property to the "I-2" Light Industrial District and in lieu thereof, approve a rezoning to B-4/SP General Business District with a Special Permit for allowance of a vehicle storage facility with the following seven (7) conditions: 1. Uses: All uses allowed in the "B-4" General Business District plus a vehicle storage facility with a watchman's or caretaker's quarters. 2. Screening: A solid screening fence shall be installed to a height of six (6) feet along the perimeter of the subject property less the south property line shared with one -family dwelling districts. The south property line shall have a solid screening fence eight (8) feet in height. 3. Directional Lighting: All overhead lighting shall not bleed into neighboring properties and be directed away from adjacent properties. 4. Closure of Driveways: Driveway access to subject property shall be closed on Cheyenne Street and Mohawk Street. 5. Hours of Operation: 8 A.M. to 5 P.M., Monday through Friday. After hours delivery and collection of vehicles shall be allowed. 6. Limitations: Vehicle stacking or installation of vehicle storage racks is prohibited. 7. Time Limit: Such Special Permit shall be deemed to have expired within 12 months of the date of this ordinance, unless the property is being used as outlined in Condition #1 and in compliance with all other conditions. Applicant is in agreement with conditions of the Special Permit except for the time limit. Planning Commission Recommendation: Pending. co, 4-1d El se E oa Number of Notices Mailed Total — 26 within 200 foot notification area; 4 outside notification area As of June 4, 2010 Favor Opposition — 0 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) —248— 2-A ?8 10 Ma lt.,ren gum 14 45 4 -Rr 16 77 -B 3 7-8 8-A 8-8 9-A 9-8 3-A 28 2 Pr T WEISUBJ --iF� ERTY Pi° F€ C 10-A F8 20 ere 38-A 48-A 37 W t 0 I�15IIi1718 1 J 36-C EASTERN ST 10 0 71 12 13 7-A 35-E 800 23 e ren W 0 C Lal AN el24mTO PfBLelta'Sy: SRA Cr 94dom' ORBS e. 46ee3 CASE: 0610-01 4. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP PrI .pamenl Rave Dlrikl tl Itnike taw Hal DDad A:1.A. Apr men! Moore IMAM P2 Llahl heal; tltl Dletkl A-2 Apar ben!Doug DI$tk1 1.3 Herm balk& DOIIcI A.B Pro*wIcnlOra D ¢del PUD Planed UNI Deuek'menl .5T Apr Man1Twlr106 Hct 11 -IA One FanItc Dwellrg [Brit! B -I Iletllbar»DO PJrInen Blind B -IA. Deglbornocd Railer; DI:HCI BC Breton! Burton Dlatkl 0-2=. Barer Irlrvl BurInes; Dirik! B -3 liminess Dlstkl 0-4 General B mors DVIIcl O 4 Primp BurI ess Oltth-1 0-6 Prir'o lumen Care DDHeI BD Caput 0111111 Beach Der.gn D1rl. F -P Fam Dual DO WI 110 BDkelea-Otikrtl hums}. PreltrUalon 0-18 One FariIt Dwelllg Dlstkl 0.10 One FrnID Dwe11,11 Dlstkl 11-2 rdtODle Dweai n DlrtcI PA One FaoIF$ Dwelllg Dlstkl 11E BLSRenlal Bale DIsncl P -TR rcanhotve Deir1llg DI;Htl OP %told Permll T -I?. 'Dae! ltaler Pak OUHCl T-IBeaxitckre4 Hake Pak. Dlintl r -I0 maeltrckrea Bcme aomli;Icn Dlstkl ®SHJd-.rp'ope%p Iklue.c V:b200'DC..H% 1;64Of 4 0,:.725 WT7t 975':xeo''on 0:1623,"a37clelt' egg .c.s..'P 8& e t 0R2O .'p0:. SUBJECT PROPERTY O ADO MAP —249— rY:rX.d )flwr± .44.1%::frS :;YYlti:;] CASE: 0610-01 3. SITE- FUTURE LAND USE Agricaltaradl rral -AR Tourist -TOR n Estate Residential -ER INE1 1&semcblBusiuess Park -PRP m cow Density. Ras. •DDR Emal r gbtIndustrial -LI Fri Atd Densly Res. • k'DR - 5':6 ikavy Irdastrtal -111 ME lfgb Denny Res. -1DR ® Public Semi -Public -PSP liable Home -11111 7 Park Vacant -VAC n Drainage Corridor DC En Professional ice -PO PA Dredge Placement • DIP VAC El Commercial -COM Transportation Ryan Ea'sog Proposed Exprenswels cooco - Arterials Wm=• - Collectors .I/... -.. Parkway Railroad -E-H-H- m Water Conservation/Preservation -CP Map Scak: 1:2,4W I'u L 25 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of 07/19/2011 DATE: July 14, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police Dp� Troyr(Uicctexas.com 886-2603 Updating the ordinance governing parking meter zones and rates. PURPOSE: (A) MOTION TO AMEND SECTION 1 OF THE ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 53, TRAFFIC, PARKING METERS, PARKING PAY STATIONS AND PARKING ADVISORY COMMITTEE PASSED ON FIRST READING ON JULY 12, 2011, BY REVISING SECTION 53-196. (B) ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE I. DEFINITION, ARTICLE II. ADMINISTRATION, ARTICLE VI. STANDING AND PARKING AND ARTICLE VIII. SCHEDULES OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO PROVIDE ADDITIONAL DEFINITION; TO CREATE AND EXPAND PARKING ENFORCEMENT OFFICER DUTIES; TO PROVIDE INSTALLATION OF PARKING METERS AND PAY STATIONS; TO PROVIDE PAID PARKING SPACES AND ZONES AND LOCATION; TO PROVIDE TIME LIMITS ON PAID PARKING SPACES AND ZONES; TO PROVIDE FEE AND EXEMPTIONS; TO PROVIDE PARKING CITATION FOR PARKING VIOLATION; TO ESTABLISH PARKING ADVISORY COMMITTEE; TO ESTABLISH PARKING ZONE AND RATE; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF AUGUST 1, 2011. BACKGROUND AND FINDINGS: Modifications were made to the ordinance approved on July 12, 2011 1. Section 53-196, Parking Advisory Committee membership composition • One member reduced from the Uptown Neighborhood Initiative • One member reduced from the Corpus Christi Beach Task Force • Two members added to represent residential interests. • Terms changed to three years • All staff positions changed to advisory non-voting members • Parking supervisor changed from Chairperson to staff liaison • At -large council members nominating one representative removed • Council member from District 2 changed to the council member who represents the downtown area • All appointments to be made by City Council members On July 12, 2011 City Council amended Section 53-184. Paid parking spaces and parking zones. • Modified the streets and locations approved for paid parking zones and installation of parking meterssgarking pay stations to reflect the streets listed in the 2004 ordinance in Section 53-257. - Schedule VIII ALTERNATIVES: None OTHER CONSIDERATIONS: None FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense X Revenue ❑ CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS FY 2012 FY 2012 Budget 0 0 $649,437 $649,437 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 0 0 0 FY 2012 FY 2012 BALANCE 0 0 $649,437 $649,437 FUND(S): General Fund Comments: With this one year rollout proposal, it is anticipated that revenues will be $667,770 in Year 1 FY2012, $727,660 in Year_2_FY2013, and $976,221 in Year 3 FY2014. In Year 3 we will propose an additional rate increase of 33%. FY2012 expenditures will increase to provide for an additional Parking Control employee as well as replacing a large majority of the existing meters. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for approval of the revised ordinance. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal LIST OF SUPPORTING DOCUMENTS: Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Iterim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —256— AN ORDINANCE Page 1 of 26 As passed on first reading AMENDING CHAPTER 53, TRAFFIC, ARTICLE I. DEFINITION, ARTICLE II. ADMINISTRATION, ARTICLE VI. STANDING AND PARKING AND ARTICLE VIII. SCHEDULES OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO PROVIDE ADDITIONAL DEFINITION; TO CREATE AND EXPAND PARKING ENFORCEMENT OFFICER DUTIES; TO PROVIDE INSTALLATION OF PARKING METERS AND PAY STATIONS; TO PROVIDE PAID PARKING SPACES AND ZONES AND LOCATION; TO PROVIDE TIME LIMITS ON PAID PARKING SPACES AND ZONES; TO PROVIDE FEE AND EXEMPTIONS; TO PROVIDE PARKING CITATION FOR PARKING VIOLATION; TO ESTABLISH PARKING ADVISORY COMMITTEE; TO ESTABLISH PARKING ZONE AND RATE; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF AUGUST 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 53, Traffic, Article I. Definition, Article II. Administration, Article VI. Standing and Parking, and Article VIII. Schedules are amended by revising the Articles to read as follows: "CHAPTER 53 TRAFFIC ARTICLE 1. IN GENERAL Sec. 53-2. - Definitions. The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section: Alley: A public thoroughfare which ordinarily affords only a secondary means of access to abutting property. City center Described as the area bounded by the following streets: On the north by interstate 37 to the US Highway 181 interchange then US Highway 181 to the city limits, east by Corpus Christi Bay, south along Buford Street, west along North Staples Street. —257— - Page 2 of 26 Commercial vehicle: Any motor vehicle (other than a motorcycle) designed or constructed for the transportation and delivery or pick up of heavy or bulky materials, and having the name of the firm permanently affixed, painted or inscribed on both sides of the vehicle in letters at least two (2) inches high. The use of magnetic or any temporary or easily removed signs for firm identification will not be permitted. Loading zone: The space adjacent to a curb reserved for the exclusive use of commercial vehicles during the loading and unloading of materials. School zone. Each street, alley and public ground, or part thereof, within three hundred (300) feet of the nearest property line of any school or remotely located school pedestrian crosswalk associated with such school, public or private, having a regular average attendance of one hundred and fifty (150) pupils, whereabout advance school advance warning signs and school speed limit regulatory signs (conforming to the "Texas Manual on Uniform Traffic Control Devices") shall have been erected and are conspicuously displayed on such street, alley or ground indicating the approach to the boundary line of such school zone. By the erection of such signing, a legal school zone shall be established. Signs bearing the words "END SCHOOL ZONE" and indicating the normal posted speed limit shall be erected at each end of such school zone giving notice to motorists that normal, safe driving speeds may be resumed. Traffic section: The traffic section of the police division of the city, or in the event a traffic section does not exist, then such term whenever used in this chapter shall be deemed to refer to the police division of the city. ARTICLE II. ADMINISTRATION Sec. 53-27. - Parking a#endants enforcement officer—Office and positions established; qualifications; supervision. There is hereby established under the department designated by the city manager the office and positions of parking attendant enforcement officer. Such - parking attendants enforcement officers shall be under the immediate supervision of the city manager, or such officers or employees of the city designated by the city manager, and shall be a part of the department designated by the city manager –258– All Page 3 of 26 Sec. 53-28. - Same—Duties. It shall be the duty of each parking attendant enforcement officer: (a) To assist or direct traffic around or on the road, street, or highway during dangerous conditions; (b) To collect money deposited in parking meters and at pay stations. (c) To place an immobilization device or impound vehicle that has accumulated three (3) or more unpaid stopping, standing or parking violation fines, costs or fees; and (d) To issue written notices or citations, as provided in section 53-19888, whenever any vehicle is found to be unlawfully parked: sOn any public street, city owned or controlled property, in the city in violation of any of the provisions of ccctions 53 180 through 53 1Q1 or sound unlawfully parked this chapter, (2) iln any loading or freight zone of (3) iln any no -parking zone designated by appropriate signs or marking (4) In any area or space designated specifically for persons with disabilities, or (5) In any fire zones. Sec. 53-29. - Same—Limitation on powers. Sections 53-27 and 53-28 shall never be construed as granting or establishing in parking attendants enforcement officers the powers or authority of a peace officer, or as having the power to make arrests or serve warrants. Such parking attcndanto enforcement officers shall be strictly prohibited and limited to the exercise and performance of the duties provided for in section 53-28. No authority to require signatures of violators on any notice or summons or citations is granted to such attendants parking enforcement officers. –259– Page 4 of 26 ARTICLE VI. STANDING AND PARKING * * * * * DIVISION 4. PARKING METERS Sec. 53-180. - Definitions. As used in this division, the following terms shall have the meanings respectively ascribed to them in this section: Appearance date: The last day to respond to a parking citation, which is the tenth (10th) calendar day after the issuance of the parking citation. Boot: A lockable vehicle wheel clamp or similar device that is designed to be placed on a parked vehicle to prevent the operation of the vehicle until the device is unlocked and removed. Driveway: An area adjacent to a curb cut providing vehicular access between a street and an off-street parking area, including a circular driveway. Early Payment Fine: Payment of the total fine and costs due for the violation on or before the appearance date. Electronic payment: Payment made in parking meters or parking pay stations by the use of a credit card, a bank debit card, or a parking meter fee debit card to pay parking fee. Each parking meter or parking pay station will only be subject to the methods of electronic payment available to that specific parking meter or parking pay station. Delinquent vehicle: Any vehicle on which three (3) or more unresolved parking citations are outstanding or unpaid fines, which citations were issued during the time the vehicle has been registered to or otherwise held by the owner. Delinquent vehicle list: The current delinquent vehicle list as maintained by the office of administrative hearings. Hearing officer: The hearing officer and all associate hearing officers appointed by the city manaqer. —260— Page 5 of 26 (1) New Year's Day. (2) Washington's Birthday (3) M y. (4) independence Day (5) Labor Day. ( busDay (7) Veteran's Day. (9) Christmas Day. Immobilize: To place a boot on a parked vehicle to prevent the operation of the vehicle until the boot is unlocked and removed. Loading zone: A space or section of the curb set aside for the exclusive use of loading and unloading persons, supplies and merchandise. Officer: Any peace officer or parking enforcement officer employed by the city and any other city employee, who is designated by the city manager to issue parkinq citations, place and remove boots, or cause vehicles to be towed under this article. Outstanding: A citationissued and not cleared by an appearance within ten (10) calendar days after the issuance of the parking citation. Owner The person registered with the state as the present owner of a vehicle in the most current registration records available to the city, or any transferee not designated in such records, provided that the city has received actual notice of the transfer. Paid parking space: A space that is delineated on a public right-of-way or city owned or leased property for which payment is required to park a vehicle. Paid parking zone: A group of parking spaces, on a public right-of-way or on city property, that are delineated by a posted sign and for which payment is required to park a vehicle. Park or parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in unloading or loading passengers or merchandise. Parking Benefit District: A self supportingparkinq program designed to enhance a specified area, region or attraction of the city. —261— Page 6 of 26 Parking meter Any mechanical or electronic device that the city places or erects on city property, adjacent to a paid parking space(s) for the purpose of managing and controlling the use of paid parking spaces and that requires payment for use. Parking occasion: The uninterrupted period of time that a vehicle is parked in a paid parking space or a paid parking zone, while paid parking time limits are in effect. Parking pay station: Any electronic device, except a parking meter, that the city places or erects on city property for the purpose of managing and controlling the use of paid parking spaces and/or paid parking zones, that requires payment for use. Parking time limit: The amount of time a vehicle may remain legally parked in the paid parking space, after the deposit of payment. Pay and display station: A parking_ pay station that dispenses a receipt, as proof of payment, to be displayed as required in section 53-187(c). Pay bit space station: A parking pay station that measures the lawful parking occasion and its expiration for specific paid parking spaces without issuing a receipt for display on a vehicle. Standard Fine: Payment of the fine and costs after the appearance date or on the scheduled hearing date. Uninterrupted period of time: The unbroken or continuous period of time a vehicle is parked in a paid parking space. Unresolved: A citation issued and not cleared by an appearance within ten (10) calendar days after the issuance of the parking citation. Vehicle: Any device in, upon or by which any person or property is or may be transported upon a street or highway, except those operated upon rails or tracks. Sec. 53-181. - Authority to install meters and mark parking spaces. In the paid parking meter zones established by schedule VIII, section 53- 257, and in such other paid parking meter zones as may be hereafter created by city ordinance of the city, the city is authorized to have installed parking meters and pay stations, and is authorized to saase mark or designate parking meter spaces to -be -designated in accordance with the provisions of under this division chapter. The city manager, or designee, shall provide for the installation, regulation, control, operation and use of the parking meters or parking pay —262— Page 7 of 26 stations and shall maintain such parking meters and pay stations in good working condition. Sec. 53-182. ... - Parking Benefit Districts, parking Tots and parking structures. the deposit of a coin of the United States therein as herein prescribed for a The city council may authorize the parking control division to: (a) Implement and manage self supportingparkinq programs known as Parking Benefit Districts; and (b) Enter into agreements with private property owners to operate and manage parking lots and parking structures as long as the current parking revenue covers its anticipated costs from the agreements. Sec. 53-183. • - wholly within marked line . Parking meters and parking pail stations. of each parking meter to designate the parking space —263— Page 8 of 26 (a) The parking control division, with the city manager approval, may use parking meters and parking pay stations to regulate parking time restrictions in paid parking spaces and parking zones established in schedule VIII, section 53-257, and in such other paid parking spaces and parking zones as may be hereafter created by city ordinance. (b) A parking meter must: (1) Be installed adiacent to the parking space it monitors or be labeled to indicate the space(s) it services; (2) Indicate the maximum uninterrupted period of time a vehicle may remain parked in the space during any parking occasion; (3) Display the amount of time a vehicle may remain legally parked in the space after the deposit of payment; and (4) Be so arranqed that upon the expiration of the parking time limit it will indicate by a mechanical or digital display the proper signal that the lawful parking period as fixed by such section or other ordinances of the city has expired. (c) A parking pay station must: (1) Be installed on the same city block or at the same city -owned or controlled parking lots or facilities as the paid parking space or zone it monitors. (2) Indicate the maximum uninterrupted period of time a vehicle may remain parked within the paid parking space or the maximum parking time limit in a paid parking zone during any parking occasion; and {3) Either: a. Measure and store the amount of time a vehicle may remain legally parked after the deposit of payment; or b. Issue a receipt that indicates the amount of time a vehicle may remain legally parked after the deposit of payment. (d) A parking meter or pay station shall indicate the hours and days that paid parking time limits are in effect. —264— Page 9 of 26 (e) A parking meter or pay station shall indicate the amount of fee for parking a vehicle. (f) The parking control division shall equip parking meters and pay stations to accept electronic payment or U.S. coins in denominations appropriate to pay the fee for parking a vehicle. (q) The city may issue a parking meter fee debit card for use in a parking meter and may establish rules to administer this section. Sec. 53-184. = parking spaces and parking zones. Paid (a) The city manager, or designee, shall establish the location of paid parking spaces and parking zones on the streets and in city -owned or controlled parking lots or facilities where the city determines that the strict enforcement of parking time limits is appropriate. (b) The city street department may paint or mark each individual paid parking s•ace to •reventencroachment into ad'acent said •arkin• s•aces. (c) The following streets and locations have been approved for paid parking zones and installation of parking meters or parking pay stations as established under section 53-183: Coopers Alley — North Shoreline Boulevard to Water Street. John Sartain — North Shoreline Boulevard to Mesquite Street. William Street — North Shoreline Boulevard to Lower Broadway. Lawrence Street — North Shoreline Boulevard to Lower Broadway. Schatzell Street — North Shoreline Boulevard to Lower Broadway. Peoples Street - North Shoreline Boulevard to Lower Broadway. Starr Street — North Shoreline Boulevard to Lower Broadway. Taylor Street — North Shoreline Boulevard to Lower Broadway. —265— Page 10 of 26 Twigg Street - North Shoreline Boulevard to Lower Broadway. Mann Street - North Shoreline Boulevard to Mesquite Street. North Shoreline Boulevard - Peoples Street to Lawrence Street. Water Street - Coopers Alley to Interstate 37. Chaparral Street - Coopers Alley to Interstate 37. Mesquite Street - Upper North Broadway to Interstate 37. Lower Broadway - William Street to Twigg Street. Middle Broadway - Antelope Street to Buffalo Street. Upper Broadway - Coopers Alley to Winnebago Street. Carancahua Street - Coopers Alley to Winnebago Street. Tancahua Street - Coopers Alley to Interstate 37. Blucher Street - Carancahua Street to Upper Broadway. Commanche Street - Carancahua Street to Tancahua Street. Lipan Street - Upper Broadway to Tancahua Street. Mestina Street - Upper Broadway to Carancahua Street. Leopard Street - Upper Broadway to North Staples Street. Antelope Street - Upper Broadway to North Carrizo Street. Buffalo Street - Upper Broadway to North Carrizo Street. Municipal Parking Lot No. 1 (bounded by U.S. 181 exit ramp to Mesquite Street and Interstate 37) . Chaparral Street - Beldon Street to Harbor Drive. Mesquite Street - Beldon Street to Harbor Drive. North Broadway Street - Beldon Street to Harbor Drive. -266- Page 11 of26 Water Street - Beldon Street to Resaca Street. East Port Avenue - Chaparral Street to North Broadway Street. Brewster Street - Chaparral Street to North Broadway Street. Hughes Street - Chaparral Street to North Broadway Street. Resaca Street - Mesquite Street to North Broadway Street. Fitzgerald Street - North Shoreline Boulevard to North Broadway Street. Palo Alto Street - North Shoreline Boulevard to North Broadway Street. Power Street - North Shoreline Boulevard to North Broadway Street. Belden Street - Water Street to North Broadway Street. Alameda Street -Ayers Street to McKenzie Street Staples Street - Avers Street to Booty Street In the Corpus Christi Beach Area: North Shoreline Boulevard - Pearl Avenue to Coastal Avenue. Breakwater Avenue - North Shoreline Boulevard to West Surfside Avenue. Bridgeport Avenue - North Shoreline Boulevard to West Surfside Avenue. Coastal Avenue - North Shoreline Boulevard to East Surfside Avenue. West Surfside Avenue - Breakwater Avenue to Elm Avenue. U.S. Highway 181 East Access Road - Breakwater Avenue to Coastal Avenue. Sec. 53-185. parking., Time limits on paid When any vehicle shall be parked -in ani -space alongside of or next to which thcrc is locatcd, under this division -or ether ordinance of the city, a parking -267- Page 12 of 26 division or other ordinance of the city for the part of the street in which such chapter. (a) Paid parking time limits are in effect from 8:00 a.m. to 6:00 p.m., Monday through Friday, unless otherwise posted or authorized by schedule VIII, section 53-257. (b) The city manager, or designee, shall establish the maximum uninterrupted period of time a person may continuously park a vehicle for each parking occasion. (c) When paid parking time limits are in effect, a person may not park a vehicle for more than the maximum parking time limit established by the city for each parking occasion. (d) A vehicle may not be moved and re -parked in the same paid parking space or parking zone to avoid violating the maximum parking time limit for each parking occasion. (e) When paid parking time limits are in effect,_a person may not allow a vehicle to remain parked in a paid parking space or parking zone when the authorized parking time has expired. (f) Each hour of violation of any provision of this division shall constitute a separate offense and be punishable as a separate offense as provided in this chapter. _ Sec. 53-186. Parking adjacont to expired motor. Fee for use of paid parking spaces and parking zones. —268— Page 13 of 26 The fee for use of paid parking spaces and paid parking zones is set by schedule VIII, section 53-257. Sec. 53-187. prohibited. Fee due for parking vehicles; exemptions. meter is placed. (a) A person parking a vehicle in a metered parking space or paid parking zone shall immediately deposit or pay the parking fee at the time of parking the vehicle. If a trailer is attached to a vehicle and an additional space is occupied then the person must deposit or pav the parking fee for spaces occupied by both the vehicle and the trailer. (b) A person must deposit U.S. coins in denominations accepted by the parking meter or parking pay station, or use electronic payment to pay the parking fee as marked. (c) If parking a vehicle in a space monitored by a pay and display station, a person shall immediately attach the pay station receipt to the inside of the vehicle's windshield as instructed on the receipt. The receipt must be placed in a position so that it can be read from outside of the vehicle. (d) The minimum amount of parking time that may be purchased is fifteen (15) minutes, except as provided in schedule VIII, section 53-257. (e) An owner of a vehicle is exempt from the payment of a fee for parking at a meter if the person complies with the conditions under sections 681.006, 681.007, 681.008, Transportation Code. Sec. 53-188. - Duty of police or other officer as to vehicles parked overtimes parking citations. divicion, the state vehicle Iisenccnumabeeef-cuch 'ehicle, the time and date of -269- Page 14 of 26 (a) A police officer, parking enforcement officer or any other city employee designated or authorized by the city manager shall issue a parking citation or notice to any person who commits a parking violation. (b) If the owner or operator of the vehicle is not present at the time the citation is issued, the person issuing the citation may affix the citation to the vehicle in a conspicuous place. The operator of a vehicle who is not the registered owner but has the express or implied permission to operate the vehicle is considered the registered owner's agent and is authorized to receive a parking citation. (c) A parking citation serves as summons and notice of the administrative adjudication hearing under this chapter. The original and all copies, including electronic copies, of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with this section. Sec. 53-189. - Authority to establish loading zones in metered areas. The city manager, of c, �zor employees of the city designated by the city manager, is hereby authorized to establish sash loading zones as -ace neccneary for the conduct of bucincsc, to omit parking meters from sueh the loading zones and property to sign -and properly mark such zones where, in hic propel. Sass. 53 1-96 53 19C D a Sec. 53-196. Parking Advisory Committee. (a) There is hereby created an advisory board to be called the parking advisory committee. (b) Membership composition appointments and terms of the parking advisory committee are as follows: (1) Appointment: The parking advisory committee shall be composed of fourteen (14) members who shall serve without compensation as follows: —270— Page 15 of 26 a. The parking control manager or supervisor shall serve as presiding officer or chairperson of the committee as a non-voting member. b. The city manager shall appoint one (1) representative. c. The police department shall appoint one (1) representative. d. The parks and recreation department shall appoint one (1) representative. e. The council member from District 2 shall appoint one (1) representative. f. The three (3) At -Large council members shall collectively appoint one (1) representative. q. The Downtown Management District shall appoint two (2) representatives. h. The Corpus Christi Beach Task Force shall appoint two (2) representatives. 1. The Uptown Neighborhood Initiative shall appoint two (2) representatives. 1. The following organizations shall each make one (1) appointment: 1. Corpus Christi Convention & Visitors Bureau (CCCVB); 2. Building Owners and Managers Association (2) Terms and vacancies: a. Presiding officer or chairperson shall be a standing position. b. Representatives from the city manager, police department and parks and recreation department shall serve one (1) year term, expiring on July 31 of each year. c. Council members' representatives shall serve on the same term as the council member who appoints him or her. d. All other representatives shall serve for a term of four (4) years, with the terms of two or three representatives, expiring on July 31 of each odd - numbered year. The terms will be determined at the committee's first meeting. —271— Page 16 of 26 e. A voting member may not serve for a period longer than six consecutive years. f. If a vacancy occurs during a term, the appointer shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term. (3) The parking advisory committee provides advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of this chapter, including: a. On -street and off-street parking, special events, and revitalization projects within the city center; b. Developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities. c. Parking and signage programs and city center concerns. d. The location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators. e. Expenditure or usage of Parking Improvement Fund. f. Parking improvement. q. Participate with the county on parking enhancement and city center revitalization matters. (4) Organization: a. Manager or supervisor of parking control division shall serve as the presiding officer or chairperson of the committee. b. Committee shall elect a member to serve as a vice -chairperson and who shall serve for a term of one (1) year. The vice -chairperson shall act as the chairperson in the absence of the chairperson or in the event of a vacancy in that office. (c) The parking advisory committee meets a minimum of twice yearly and may meet at other times at the call of the chairperson of the committee. (d) The parking advisory committee shall submit written reports and recommendations to the police chief and city manager. The city manager will —272— Page 17 of 26 review the reports and recommendations before submitting to city council for action if necessary. (e) The parking advisory committee shall have limited power and shall not incur any debts, expenses or liability to the city without the prior written consent of city council. (f) The parking advisory committee shall not engage in any anti-competitive practice or engage in any action that will solely benefit any one member or a group of members. (q) The committee shall adopt bylaws to govern its operations in cooperation with the police chief, city manager and city council. Secs. 53-197-53-199. - Reserved. ARTICLE VIII. SCHEDULES * * * Sec. 53-257. - Schedule VIII, Parking meter zone: established. Zone No. 1" on the attached Exhibit A, between the hours e€ -X00 a. a. and (6) Carancahua Street (both -sides) Lipan-Street to Mectina Street. Leopard Street. -273- Page 18 of 26 SStreet. Carancahua Street. Street. Street. (2) Peoples Street (north side only) Water Strcct to Shorclin° Boulevard, Alley to John Sartain Street. Broadway, (10) Twigg Street (both sides) Mesquite Street to Water Street. (11) Antelope Street (both sides) Artesian Street to Carrizo Street. Street to Leopard Strcct. -274- Page 19 of 26 (16) Municipal Parking Lot No. 1 (bounded by U.S. 181 Exit Ramp, the parking lot. and 11). Street. Street. No. 7 (Item 1). North Broadway. Braadway. Buffalo Street and I V 37 Street. -275- Page 20 of 26 (1) Chaparral Street (both sides) Coopers Alley to John Sartain Street, (3). Boulevard. Street. Street. (5). Street to Antelope Street. Street to enes„„ite Streer Street to McKenzie Street. -276- Page 21 of 26 (1) Reserved. and one (1) hour upon deposit of lofty ($0.10) between the hours of 8:00 (1) North Shoreline Boulevard Pearl Avenue to Coastal Avenue. AveaaeT - - - - - - - - - - - - - - Avenue. (1) Meter Zone No. 9 is established as a maximum eight hour meter zone in of cight (8) hours upon the deposit—of—two (24 -quarters for each hour up to —277— Page 22 of 26 (2) West Surfside Avenue Breakwater Avenue to EIm Avenue. Avenue. (j) Meter Zone No. 10 is established as Pearl Street to EIm Street. (2) Mesquite Street (west tide only) Upper North readwayte ohn Sartain- Street. (1) Water Stroot (both sides) Belden Street to Power Street. (a) Paid parking spaces are grouped into paid parking zones to establish time limits for each type zone. Each type of paid parking zone is specific to the needs of the traffic flow and parking needs of the area it is established. -278- Page 23 of 26 (b) All fees due and methods of payment are established under section 53-187, except where otherwise established in this section. (c) The paid parking zones established under Section 53-184: (1) Paid Parking Zone No. 1 is established as a two (2) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of fifteen ($0.15) cents, thirty (30) minutes upon deposit of thirty ($0.30) cents, and one (1) hour upon the deposit of fifty ($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (2) Paid Parking Zone No. 2 is established as a two (2) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents, thirty (30) minutes upon deposit of forty ($0.40) cents, and one (1) hour upon the deposit of seventy-five ($0.75) cents between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (3) Paid Parking Zone No. 3 is established as a four (4) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of fifteen ($0.15) cents, thirty (30) minutes upon deposit of thirty ($0.301 cents, and one (1) hour upon the deposit of fifty ($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (4) Paid Parking Zone No. 4 is established as a four (4) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents, thirty (30) minutes upon deposit of forty ($0.40) cents, and one (1) hour upon the deposit of seventy-five ($0.75) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (5) Paid Parking Zone No. 5 is established as a ten (10) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents thirty (30)_minutes upon deposit of forty ($0.40) cents, and one (1) hour upon the deposit of seventy-five ($0.75) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (6) Paid Parking Zone No. 6 is established as a ten (10) hour paid parking zone in which parking shall be limited to one (1) hour upon the deposit of fifty ($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. 21 Paid Parking Zone No. 7 is established as a ten (10) hour paid parking zone in which parking shall be limited to one (1) hour upon the deposit of —279— Page 24 of 26 twenty-five ($0.25) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (8) Paid Parking Zone No. 8 is established as a maximum four (4) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the deposit of one ($1.00) dollar per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (9) Paid Parking Zone No. 9 is established as a maximum eight (8) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of eight (8) hours upon the deposit of seventv-five ($0.75) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (10) Paid Parking Zone No. 10 is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of fifty ($0.50) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (11) Paid Parking Zone No. 11 is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of seventy- five ($0.75) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (12) Paid Parking Zone No. 12 (event zone) is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of fifty ($0.50) cents per hour, between 12:00 a.m. and 11:59 p.m., Mondays through Sundays." * * * —280— * Page 25 of 26 SECTION 2. 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 hereof be given full force and effect for its purpose. SECTION 3. 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 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance. SECTION 6. This Ordinance takes effect August 1, 2011. —281— Page 26 of 26 That the foregoing ordinance was read for a first time and passed to its second reading on this the /2 day of , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler 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 Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: July 7, 2011 crwti— T. Tris a Dang Assistant City Attorney For City Attorney —282— Joe Adame Mayor AN ORDINANCE Page 1 of 26 As proposed on second reading AMENDING CHAPTER 53, TRAFFIC, ARTICLE I. DEFINITION, ARTICLE 11. ADMINISTRATION, ARTICLE VI. STANDING AND PARKING AND ARTICLE VIII. SCHEDULES OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO PROVIDE ADDITIONAL DEFINITION; TO CREATE AND EXPAND PARKING ENFORCEMENT OFFICER DUTIES; TO PROVIDE INSTALLATION OF PARKING METERS AND PAY STATIONS; TO PROVIDE PAID PARKING SPACES AND ZONES AND LOCATION; TO PROVIDE TIME LIMITS ON PAID PARKING SPACES AND ZONES; TO PROVIDE FEE AND EXEMPTIONS; TO PROVIDE PARKING CITATION FOR PARKING VIOLATION; TO ESTABLISH PARKING ADVISORY COMMITTEE; TO ESTABLISH PARKING ZONE AND RATE; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF AUGUST 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 53, Traffic, Article I. Definition, Article 11. Administration, Article VI. Standing and Parking, and Article VIII. Schedules are amended by revising the Articles to read as follows: "CHAPTER 53 TRAFFIC ARTICLE I. IN GENERAL Sec. 53-2. - Definitions. The following words and phrases when used in this chapter shall have the meanings respectively ascribed to them in this section: Alley: A public thoroughfare which ordinarily affords only a secondary means of access to abutting property. City center. Described as the area bounded by the following streets: On the north by interstate 37 to the US Highway 181 interchange then US Highway 181 to the city limits, east by Corpus Christi Bay, south along Buford Street, west along North Staples Street. —283— Page 2 of 26 Commercial vehicle: Any motor vehicle (other than a motorcycle) designed or constructed for the transportation and delivery or pick up of heavy or bulky materials, and having the name of the firm permanently affixed, painted or inscribed on both sides of the vehicle in letters at least two (2) inches high. The use of magnetic or any temporary or easily removed signs for firm identification will not be permitted. Loading zone: The space adjacent to a curb reserved for the exclusive use of commercial vehicles during the loading and unloading of materials. School zone. Each street, alley and public ground, or part thereof, within three hundred (300) feet of the nearest property line of any school or remotely located school pedestrian crosswalk associated with such school, public or private, having a regular average attendance of one hundred and fifty (150) pupils, whereabout advance school advance warning signs and school speed limit regulatory signs (conforming to the "Texas Manual on Uniform Traffic Control Devices") shall have been erected and are conspicuously displayed on such street, alley or ground indicating the approach to the boundary line of such school zone. By the erection of such signing, a legal school zone shall be established. Signs bearing the words "END SCHOOL ZONE" and indicating the normal posted speed limit shall be erected at each end of such school zone giving notice to motorists that normal, safe driving speeds may be resumed. Traffic section: The traffic section of the police division of the city, or in the event a traffic section does not exist, then such term whenever used in this chapter shall be deemed to refer to the police division of the city. * ARTICLE II. ADMINISTRATION Sec. 53-27. - Parking attendants enforcement officer—Office and positions established; qualifications; supervision. There is hereby established under the department designated by the city manager the office and positions of parking attendant enforcement officer. Such parking attcndantc enforcement officers shall be under the immediate supervision of the city manager, or such officers or employees of the city designated by the city manager, and shall be a part of the department designated by the city manager. –284– All Page 3 of 26 Sec. 53-28. - Same—Duties. It shall be the duty of eaeh parking attendant enforcement officer: (a) To assist or direct traffic around or on the road,_ street, or highway during dangerous conditions; (b) To collect money deposited in parking meters and at pay stations; (c) To place an immobilization device or impound vehicle that has accumulated three (3) or more unpaid stopping, standing or parking violation fines, costs or fees; and (d) To issue written notices or citations as provided in section 53-19888, whenever any vehicle is found to be unlawfully parked: M eOn any public street, city owned or controlled property, in the city in violation of any of the provisions of = this chapter, (2)+In any loading or freight zone OF (3) +In any no -parking zone designated by appropriate signs or marking (4) In any area or space designated specifically for persons with disabilities, or (5) In any fire zones. Sec. 53-29. - Same—Limitation on powers. Sections 53-27 and 53-28 shall never be construed as granting or establishing in parking attendants enforcement officers the powers or authority of a peace officer, or as having the power to make arrests or serve warrants. Such parking attendants enforcement officers shall be strictly prohibited and limited to the exercise and performance of the duties provided for in section 53-28. No authority to require signatures of violators on any notice or summons or citations is granted to such attendants parking enforcement officers –285 Page 4 of 26 ARTICLE VI. STANDING AND PARKING DIVISION 4. PARKING METERS Sec. 53-180. - Definitions. As used in this division, the following terms shall have the meanings respectively ascribed to them in this section: Appearance date: The last day to respond to a parking citation, which is the tenth (10th) calendar day after the issuance of the parking citation. Boot: A lockable vehicle wheel clamp or similar device that is designed to be placed on a parked vehicle to prevent the operation of the vehicle until the device is unlocked and removed. Driveway: An area adjacent to a curb cut providing vehicular access between a street and an off-street parking area, including a circular driveway. Early Payment Fine: Payment of the total fine and costs due for the violation on or before the appearance date. Electronic payment: Payment made in parking meters or parking pay stations by the use of a credit card, a bank debit card,_or a parking meter fee debit card to pay parking fee. Each parking meter or parkinq_pay station will only be subject to the methods of electronic payment available to that specific parking meter or parking pay station. Delinquent vehicle: Any vehicle on which three (3) or more unresolved parking citations are outstanding or unpaid fines, which citations were issued during the timethe vehicle has been registered to or otherwise held by the owner. Delinquent vehicle lista The current delinquent vehicle list as maintained by the office of administrative hearings. Hearing officer: The hearing officer and all associate hearing officers appointed by the city manager. —286— Page 5 of 26 (1) New Year's Day. (2) Washington% Bi.thd 4)-Memecy. (4) Indopen.le..ce Day (5) Labor Day. (6)-Coiurbds-Day (7) Veteran's Day. (9) Ch. c+mas Day (10) Marti.. 1 u he. Vie Jr. Da Immobilize: To place a boot on a parked vehicle to prevent the operation of the vehicle until the boot is unlocked and removed. Loading zone: A space or section of the curb set aside for the exclusive use of loading and unloading persons, supplies and merchandise. Officer. Any peace officer or parking enforcement officer employed by the city and any other city employee, who is designated by the city manager to issue parking citations, place and remove boots, or cause vehicles to be towed under this article. Outstanding: A citation issued and not cleared by an appearance within ten (10) calendar days after the issuance of the parking citation. Owner: The person registered with the state as the present owner of a vehicle in the most current registration records available to the city, or any transferee not designated in such records, provided that the city has received actual notice of the transfer. Paid parking space: A space that is delineated on a public right-of-way or city owned or leased property for which payment is required to park a vehicle. Paid parking zone: A group ofparkinqspaces, on a public right-of-way or on city property, that are delineated by a posted sign and for which payment is required to park a vehicle. Park or parking: The standing of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in unloading or loading passengers or merchandise. Parking Benefit District: A self supportingparkingprogram designed to enhance a specified area, region or attraction of the city. —287— Page 6 of 26 Parking meter: Any mechanical or electronic device that the city places or erects on city property, adjacent to a paid parking space(s) for the purpose of managing and controlling the use of paid parking spaces and that requires payment for use. Parking occasion: The uninterrupted period of time that a vehicle is parked in a paid parking space or a paid parking zone, while paid parking time limits are in effect. Parking pay station: Any electronic device, except a parking meter, that the city places or erects on city property for the purpose of managing and controlling the use of paid parking spaces and/or paid parking zones, that requires payment for use. Parking time limit: The amount of time a vehicle may remain legally parked in the paid parking space, after the deposit of payment. Pay and display station: A parking pay station that dispenses a receipt as proof of payment, to be displayed as required in section 53-187(c). Pay by space station: A parking pay station that measures the lawful parking occasion and its expiration for specific paid parking spaces without issuing a receipt for display on a vehicle. Standard Fine: Payment of the fine and costs after the appearance date or on the scheduled hearing date. Uninterrupted period of time: The unbroken or continuous period of time a vehicle is parked in a paid parking space. Unresolved: A citation issued and not cleared by an appearance within ten (10) calendar days after the issuance of the parking citation. Vehicle: Any device in, upon or by which any person or property is or may be transported upon a street or highway, except those operated upon rails or tracks. Sec. 53-181. - Authority to install meters and mark parking spaces. In the paid parking meter zones established by schedule VIII, section 53- 257, and in such other paid parking meter zones as may be hereafter created by city ordinance of the city, the city is authorized to havc installed parking meters and pay stations, and is authorized to sauce mark or designate parking meter spaces to -bo ignated ' _ under this d+visien chapter. The city manager, or designee, shall provide for the installations regulation control, operation and use of the parking meters or parking pay —288— Page 7 of 26 stations and shall maintain such parking meters and pay stations in good working condition. Sec. 53-182. - Parkin- Benefit Districts, parking Tots and parking structures. The city council may authorize the parking control division to: (a) Implement and manage self supporting parking programs known as Parking Benefit Districts; and (b) Enter into agreements with private property owners to operate and manage parking lots and parking structures as long as the current parking revenue covers its anticipated costs from the agreements. Sec. 53-183. wholly within marked lin . Parking meters and parking pay stations. —289— Page 8 of 26 (a) The parking control division, with the city manager approval, may use parking meters and parking pay stations to regulate parking time restrictions in paid parking spaces and parking zones established in schedule VIII, section 53-257 and in such other paid parking spaces and parking zones as may be hereafter created by city ordinance. (b) A parking meter must: (1) Be installed adiacent to the parking space it monitors or be labeled to indicate the space(s) it services; (2) Indicate the maximum uninterrupted period of time a vehicle may remain parked in the space during any parking occasion; (3) Display the amount of time a vehicle may remain legally parked in the space after the deposit of payment; and (4) Be so arranged that upon the expiration of the parking time limit it will indicate by a mechanical or digital display the proper signal that the lawful parking period as fixed by such section or other ordinances of the city has expired. (c) A parking pay station must: (1) Be installed on the same city block or at the same city -owned or controlled parking lots or facilities as the paid parking space or zone it monitors; (2) Indicate the maximum uninterrupted period of time a vehicle may remain parked within the paid parkinq space or the maximum parking time limit in a paid parking zone during any parking occasion; and (3) Either: a. Measure and store the amount of time a vehicle may remain legally parked after the deposit of payment; or b. Issue a receipt that indicates the amount of time a vehicle may remain legally parked after the deposit of payment. (d) A parking meter or pay station shall indicate the hours and days that paid parking time limits are in effect. —290— Page 9 of 26 (e) A parking meter or pay station shall indicate the amount of fee for parking a vehicle. (f) The parking control division shall equip parking meters and pay stations to accept electronic payment or U.S. coins in denominations appropriate to pay the fee for parking a vehicle. (q) The city may issue a parking meter fee debit card for use in a parking meter and may establish rules to administer this section. Sec. 53-184. parking spaces and parking zones. Paid (a) The city manager, or designee, shall establish the location of paid parking spaces and parking zones on the streets and in city -owned or controlled parking lots or facilities where the city determines that the strict enforcement of parking time limits is appropriate. (b) The city street department may paint or mark each individual paid parking space to revent encroachment into ad'acent .aid •arkin• s aces. (c) The following streets and locations have been approved for paid parking zones and installation of parking meters or parking pay stations as established under section 53-183: Coopers Alley — North Shoreline Boulevard to Water Street. John Sartain — North Shoreline Boulevard to Mesquite Street. William Street — North Shorclino-Beulovard Chaparral Street to Lower Broadway and North Shoreline Boulevard to Water Street Lawrence Street — North Shoreline Boulevard to W.ter Street and Lower Broadway_to Mesquite Street, Schatzell Street — North Shoreline Boulevard to Water Street and Lower Broadway to Mesquite Street, Peoples Street — North Shoreline Boulevard to Water Street and Lower Broadway to Mesquite Street. —291— Page 10 of26 Starr Street - North Shoreline Boulevard to Lower Broadway. Taylor Street - North Shoreline Boulevard to Lower Broadway. Twigq Street - Nerth Water Street to Lower Broadway. Mann Street - Chaparral Street to Mesquite Street. North Shoreline Boulevard - Peoples Street to Luso Schatzell Street west side only. Water Street - Coopers Alley to interstate -37 Twigq Street. Chaparral Street - Coopers Alley to John Sartain a d Twi Street to Interstate 37. Mesquite Street - Upper North Broadway to William Street and Starr Street to Interstate 37. Lower Broadway - William Street to Twigg Street. Middle Broadway - Antelope Street to Buffalo Street. Upper Broadway - Coopers Alley to Winnebago Street. Carancahua Street - Coopers AIIey to Winnebago Street. Tancahua Street - Geoporsallev Lipan Street to Interstate 37. Blucher Street - Carancahua Street to Upper Broadway. Commanche Street - Carancahua Street to Tancahua Street. Lipan Street - Upper Broadway to Tansahua Carancahua Street. Leopard Street - Upper Broadway to North Staples Street. Antelope Street - Upper Broadway to Nerth--GeFFize Artesian Street. Carrizo Street - from the cul de sac north of Buffalo Street to Leopard Street. -292- Page 11 of26 Winnebao treet - Carancahua Street o U..oer Broadway Artesian Street - Leo.ard Street to Antelo.e Stree sou h one half of block. Municipal Parking Lot No. 1 (bounded by U.S. 181 exit ramp to Mesquite Street and Interstate 37) . Chaparral Strcct Mee treet —3e1de; Street to Harbor -Drive. Nerthareedway Street Belden Street te-Harber-IDrivo: Water Street - Beldon Street to Resaca Power Street. Brewoter Streot Chaparral Street-te Nerth-BroadwaM-Stroot. Hugh^ Str^^t r'htparral otroot te-Nerth--Brocdwav Street. Reeaea Street ne,.cquito Street=te North �ropiway-S�trras Pewor Street North Sher Belden Street - Water Street to Chaparral Street. Alameda Street - Avers Street to McKenzie Street Staples Street - Ayers Street to Booty Street In the Corpus Christi Beach Area: North Shoreline Boulevard - Pearl Avenue to Coastal Avenue. Breakwater Avenue - North Shoreline Boulevard to West Surfside Awe Boulevard. Bridgeport Avenue - North Shoreline Boulevard to West Surfside Ate Boulevard. -293- Page 12 of 26 Coastal Avenue — North Shoreline Boulevard to East Surfside Avenue Boulevard. West Surfside Awe Boulevard — Breakwater Avenue to Elm Avenue. East Surfside Boulevard — Pearl Avenue to Elm Avenue. U.S. Highway 181 East Access Road — Breakwater Avenue to Coastal Avenue. Sec. 53-185. parking. Time limits on paid (a) Paid parking time limits are in effect from 8:00 a.m. to 6:00 p.m Monday through Friday, unless otherwise posted or authorized by schedule VIII, section 53-257. (b) The city manager, or designee, shall establish the maximum uninterrupted period of time a person may continuously park a vehicle for each parking occasion. (c) When paid parking time limits are in effect, a person may not park a vehicle for more than the maximum parking time limit established by the city for each parking occasion. —294— Page 13 of26 ----------------- ---- ------------------ --------------- (d) A vehicle may not be moved and re -parked in the same paid parking space or parking zone to avoid violating the maximum parking time limit for each parking occasion. (e) When paid parking time limits are in effect, a person may not allow a vehicle to remain parked in a paid parking space or parking zone when the authorized parking time has expired. (f) Each hour of violation of any provision of this division shall constitute a separate offense and be punishable as a separate offense as provided in this chapter. Sec. 53-186. Packing -adjacent -to -expired -meter, Fee for use of paid parking spaces and parking zones. The fee for use of paid parking spaces and paid parking zones is set by schedule VIII, section 53-257. Sec. 53-187. prohibited: Fee due for parking vehicles; exemptions. meter is placed. (a) A person parking a vehicle in a metered parking space or paid parking zone shall immediately deposit or pay the parking fee at the time of parking the vehicle. If a trailer is attached to a vehicle and an additional space is occupied then the person must deposit or pay the parking fee for spaces occupied by both the vehicle and the trailer. (b) A person must deposit U.S. coins in denominations accepted by the parking meter or parking pay station, or use electronic payment to pay the parking fee as marked. (c) If parking a vehicle in a space monitored by a pay and display station a person shall immediately attach the pay station receipt to the inside of the —295— Page 14 of 26 vehicle's windshield as instructed on the receipt. The receipt must be placed in a position so that it can be read from outside of the vehicle, (d) The minimum amount of parking time that may be purchased is fifteen (15) minutes, except as provided in schedule VIII, section 53-257. (e) An owner of a vehicle is exempt from the payment of a fee for parking at a meter if the person complies with the conditions under sections 681.006, 681.007, 681.008, Transportation Code. Sec. 53-188. - Duty of police or other officer as to vehicles parked overtime; parking citations. (a) A police officer, parking enforcement officer or any other city employee designated or authorized by the city manager shall issue a parking citation or notice to any person who commits a parking violation. (b) If the owner or operator of the vehicle is not present at the time the citation is issued, the person issuing the citation may affix the citation to the vehicle in a conspicuous place. The operator of a vehicle who is not the registered owner but has the express or implied permission to operate the vehicle is considered the registered owner's agent and is authorized to receive a parking citation. (c) A parking citation serves as summons and notice of the administrative adjudication hearing under this chapter. The original and all copies, including electronic copies, of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with this section. Sec. 53-189. - Authority to establish loading zones in metered areas. The city manager, sr cuch officers or employees of the city designated by the city manager, is hereby authorized to establish Stith loading zones as -are , to omit parking meters from such the loading zones and properly to sign -and properly mark such zones where, in hic —296— f- - - - --- -- - - - - ice. Sops.53196 531-99. Reserved. Page 15 of 26 Sec. 53-196. Parking Advisory Committee. (a) There is hereby created an advisory board to be called the pParkinq aAdvisory sCommittee. (b) Membership composition, appointments and terms of the pparkinq aAdvisory sCommittee are as follows: (1) Appointment: The pParkinq aAdvisory sCommittee shall be appointed by the ci council and will be composed of feufteeri eleven (114) voting members and three 3 non votin. -.viso members wlie-shall-ware without -comps -motion as follows: = One (11 member nominated b the District Council Member who re.rese s the downtown area. b. Two 2 me tiers nominated by the Downtown Management District c. _ -_ _ _ _ _- _ _ ' - One 11 member nominated by the Corpus Christi Beach Task Force. d. The-parks-oad-reereatien-department-chaff aapeft-ene(1) fOareerernatiime One 1 member nominated b the Uptown Neighborhood Initiative. e. Two 2 members n•minated b the Buildin• Owners and Mana•ement Association. f. T --ho thrcc-(3)--At Lame ceuaeii reeffibealleetivoly aPeeint-eno One(1) member nominated bthe Cornus Christi Convention and Visitor's Bureau. q fepresentativesanmi2) members who shall represent downtown r-sidential interests — one 1 member to be resident where . aid —297— Page 16 of 26 parking meters are collected and one (1) member to be an owner of residential living property in the City Center Area. fewesentetiaom One f1) member to represent the community at large_ i. The 61ptewr+Plei erheed-4aftiativ feefeseiliatives Ci Mana er olice Chief Parks a d Recreation Director or heir des -es shall serve as no vo inq advisory members. The Parking Control Manager or Supervisor shall serve as liaison to the Committee. 1-C®'par ' r Cen•'e•^ta^a prViritnrc Bureau-(CCCVL); 2. hero -aid Masagefc Aocoeiatien (2) Terms and vacancies: a. Preci irq ?{firer -or shairpercert•chail be a-ota3dise-positisw. Of the eleven (11) members with voting Dower. the initial terms of six rat members shall serve a u o 2 ear term , nd fve 5) members shall serve a three 3 ear ter - s determined . a . rawin• t. be conducted in th - it Secre - i ' office. Thereafter all erms sha be three 3 years with terms expiring on July 315 of the applicable year b. P.013ro--n 'tf:0war sre-e” therm - p rap 'irt_dsp II vacan les shall be filled in the same manner and to represent the same category vacated. or ' ativsc d= All othor-rawesentatimec -far vie e-A-vetinq-'r ^,h^r 7rty nat cewo4er alieriad-longer-than-cis-coacoe year f. -If a vacanev-em's datiaq 14elcfcl, the reolacemieRtaiihe meets he-ivelificatierc-ef the -v = ted pecitiefto cewo for the remainder of the -terra. -298- Page 17 of 26 (3) The eParkinq aAdvisory eCommittee provides advice and recommendations to the police chief, city manager or city council on matters relevant to the administration and enforcement of this chapter, including: a. On -street and off-street parking, special events, and revitalization projects within the city center; b. Developing parking enhancement projects for the city such as expansion of paid parking zones and parking facilities. c. Parking and signage programs and city center concerns d. The location, time and rates for paid parking zones, paid parking facilities owned or controlled by city, parking meters and parking pay stations, and penalties for delinquent violators. e. Expenditure or usage of Parking Improvement Fund. f. Parking improvement. q. Participate with the county on parking enhancement and city center revitalization matters. (4) Organization: The Committee shall elect, from amon. its voting members at th- fir t meetin• a me ber to se e as a chairs -rson and a vice- chairoerson. and who shall serve for a term of one (1j vut. a:-AAanagor or cuporviser-e€.parkinq-seetrej division-chat-cewo-ac- hs breommittee-chall eleeta meaabor te-cewo-ac a vico chaff can .arab of.a in -that -office, (c) The eParkinq aAdvisory eCommittee meets a minimum of twice yearly and may meet at other times at the call of the chairperson of the eCommittee. (d) The eParkinq aAdvisory eCommittee shall submit written reports and recommendations to the police chief and city manager. The city manager will review the reports and recommendations before submitting to city council for action if necessary. —299— Page 18 of 26 (e) The pParkinq aAdvisory eQommittee shall act in an advisory capacity and shall not incur any debts, expenses or liability to the city. (f) e -ef mombcrc- 4kThe committee shall may establish and adopt bylaws it e p rani „tI-th^ r^Pe' gh+^f-city-r lanaeowad-si eil not inconsistent with the ordinance. Secs. 53-197-53-199. - Reserved. ARTICLE VIII. SCHEDULES Sec. 53-257. - Schedule VIII, Parking meter zone: established. Leopard Street. Street. -300- Page 19 of26 Street. Carancahua Street. Street. Street. Boulevard. Alley to John Sartain Street. Broadway; Street to Lcopard Street. the parking lot. -301- Page 20 of 26 and 11). Street. Street. No. 7 (Item 1). Nert#-Broadway, Broadway, Buffalo Street and I.H. 37. Street. -302- Page21 of 26 Boulevard: Street. Street Street. Street to Antelope Street. Street to Mecguite Street Street to McKenzie Street. Coopers Alley to Laguna Street. -303- Page 22 of 26 Street Avenue. Avenue. -304- Page 23 of 26 Sartain -Street (a) Paid parking spaces are grouped into paid parking zones to establish time limits for each type zone. Each type of paid parking zone is specific to the needs of the traffic flow and parking needs of the area it is established. (b) All fees due and methods of payment are established under section 53-187, except where otherwise established in this section. (c) The paid parking zones established under Section 53-184: (1) Paid Parking Zone No. 1 is established as a two (2) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon —305— Page 24 of 26 deposit of fifteen ($0.15) cents, thirty (30) minutes upon deposit of thirty ($0.30) cents, and one (1) hour upon the deposit of fifty ($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (2) Paid Parking Zone No. 2 is established as a two (2) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20)_ cents, thirty (30) minutes upon deposit of forty ($0.40) cents, and one (1)_hour upon the deposit of seventy-five ($0.75) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (3) Paid Parking Zone No. 3 is established as a four (4) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of fifteen ($0.15) cents, thirty (30) minutes upon deposit of thirty ($0.30) cents, and one (1) hour upon the deposit of fifty_($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (4) Paid Parking Zone No. 4 is established as a four (4) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents, thirty (30) minutes upon deposit of forty ($0.40) cents, and one (1) hour upon the deposit of seventy-five ($0.75) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (5) Paid Parking Zone No. 5 is established as a ten (10) hour paid parking zone in which parking shall be limited to fifteen (15) minutes upon deposit of twenty ($0.20) cents, thirty (30) minutes upon deposit of forty ($0.40) cents and one (1) hour upon the deposit of seventy-five ($0.75) cents, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Fridays. (6) Paid Parking Zone No. 6 is established as a ten (10) hour paid parking zone in which parking shall be limited to one (1) hour upon the deposit of fifty ($0.50) cents, between the hours of 8:00 a.m. and 6:00 p.m. Mondays through Fridays. u Paid Parking Zone No. 7 is established as a ten (10) hour paid parking zone in which parking shall be limited to one (1) hour upon the deposit of twenty-five ($0.25) cents, between the hours of 8:00 a.m. and 6:00 p.m. Mondays through Fridays. (8) Paid Parking Zone No. 8 is established as a maximum four (4) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of four (4) hours upon the deposit of one ($1.00) dollar per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. —306— Page 25 of 26 (9) Paid Parking Zone No. 9 is established as a maximum eight (8) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of eight (8) hours upon the deposit of seventy-five ($0.75) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (10) Paid Parking Zone No. 10 is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of fifty ($0.50) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m. Mondays through Sundays. (11) Paid Parking Zone No. 11 is established as a maximum ten (10) hour paid parking zone in which parking_ shall be limited to a minimum of one (1) hour and a maximum of ten (10)hours upon the deposit of seventy- five ($0.75) cents per hour, between the hours of 8:00 a.m. and 6:00 p.m., Mondays through Sundays. (12) Paid Parking Zone No. 12 (event zone) is established as a maximum ten (10) hour paid parking zone in which parking shall be limited to a minimum of one (1) hour and a maximum of ten (10) hours upon the deposit of fifty ($0.50) cents per hour, between 12:00 a.m. and 11:59 p.m., Mondays through Sundays." * * * * SECTION 2. 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 hereof be given full force and effect for its purpose. SECTION 3. 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 4. Penalties are as provided in Section 53-55 of the Code of Ordinances. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are repealed as of the effective date of this Ordinance. SECTION 6. This Ordinance takes effect August 1, 2011. —307— Page 26 of 26 That the foregoing ordipance was read for e first time and passed to its second reading on this the /TA day of , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler 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 Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: July 14, 2011 T. Trisha Dang Assistant City Attorney For City Attorney —308— Joe Adame Mayor 26 City of lOrl Corpus Chnsti 1.0".••••••• AGENDA MEMORANDUM for the City Council Meeting of 07/12/2011 DATE: July 12, 2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs, Chief of Police,DTtt- .7O/9rte../ Troyr(c�cctexas.com 0 �� 886-2603 Decriminalization of parking citations PURPOSE: ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE III. ENFORCEMENT AND COMPLIANCE, AND ARTICLE VI. STANDING AND PARKING OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO MAKE STOPPING, STANDING AND PARKING VIOLATION A CIVIL OFFENSE; TO PROVIDE FOR CIVIL PENALTIES; TO CREATE PARKING IMPROVEMENT FUND; TO PROVIDE PARKING CITATION AS NOTICE OF ADMINISTRATIVE ADJUDICATION HEARING AND CREATE FAILURE TO ANSWER CITATION AN ADMISSION OF LIABILITY; TO PROVIDE TEXAS DEPARTMENT OF MOTOR VEHICLE'S RECORD AS PRIMA FACIE EVIDENCE AND PRESUMPTION OWNER AS VIOLATOR; TO PROVIDE AN INCREASE IN IMMOBILIZATION FEE; TO CREATE AN OFFICE OF ADMINISTRATIVE HEARINGS AND APPOINT HEARING OFFICER TO CONDUCT ADMINISTRATIVE ADJUDICATION HEARING; TO PROVIDE AN APPEAL AND ENFORCEMENT OF HEARING OFFICER'S FINDING; TO PROVIDE IMPOUNDMENT AND IMMOBILIZATION OF MOTOR VEHICLE FOR UNPAID PARKING CITATIONS; TO CREATE VIOLATIONS AND PENALTIES; TO PROVIDE FORA SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF OCTOBER 1, 2011. BACKGROUND AND FINDINGS: The decriminalization of parking violations changes the violation from a criminal offense to a civil offense which is allowed under Chapter 682 of the Texas Transportation Code. The Municipal Court system will no longer hear cases regarding parking violations issued by the City of Corpus Christi except disabled parking violations. Instead an administrative office will be established to handle the administrative adjudication of the parking violations. A violator will not have to wait for a court date to be set as they may appear at any time before the administrative hearing officer to handle the violation. This will additionally assist with the backlog of cases in the criminal court system. This decriminalization process has been implemented in the following Texas cities: Houston, San Antonio, Dallas, Austin, Galveston, and San Marcos. ALTERNATIVES: None OTHER CONSIDERATIONS: None —311— FINANCIAL IMPACT: o Not Applicable X Operating Expense o Revenue ❑ CIP FISCAL YEAR: 2010 - 2011 Project to Date Exp. (CIP Only) Current Year Future Years TOTALS FY2012 FY2012 Budget 0 0 $44,600 $44,600 Encumbered / Expended Amt. as of July 12, 2011 0 0 0 0 This item 0 0 0 0 FY 2012 FY 2012 BALANCE 0 0 $44,600 $44,600 FUND(S): General Fund Comments: The establishment of an administrative hearing office will require the services of an individual to hear the cases at an estimated cost of $44,600 programmed into the FY12 budget. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Council approval required for approval of the revised ordinance. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Municipal Court LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager —312— Page 1 of 27 AN ORDINANCE AMENDING CHAPTER 53, TRAFFIC, ARTICLE III. ENFORCEMENT AND COMPLIANCE, AND ARTICLE VI. STANDING AND PARKING OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REVISING VARIOUS SECTIONS IN SAID ARTICLES TO MAKE STOPPING, STANDING AND PARKING VIOLATION A CIVIL OFFENSE; TO PROVIDE FOR CIVIL PENALTIES; TO CREATE PARKING IMPROVEMENT FUND; TO PROVIDE PARKING CITATION AS NOTICE OF ADMINISTRATIVE ADJUDICATION HEARING AND CREATE FAILURE TO ANSWER CITATION AN ADMISSION OF LIABILITY; TO PROVIDE TEXAS DEPARTMENT OF MOTOR VEHICLE'S RECORD AS PRIMA FACIE EVIDENCE AND PRESUMPTION OWNER AS VIOLATOR; TO PROVIDE AN INCREASE IN IMMOBILIZATION FEE; TO CREATE AN OFFICE OF ADMINISTRATIVE HEARINGS AND APPOINT HEARING OFFICER TO CONDUCT ADMINISTRATIVE ADJUDICATION HEARING; TO PROVIDE AN APPEAL AND ENFORCEMENT OF HEARING OFFICER'S FINDING; TO PROVIDE IMPOUNDMENT AND IMMOBILIZATION OF MOTOR VEHICLE FOR UNPAID PARKING CITATIONS; TO CREATE VIOLATIONS; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR A SEVERANCE CLAUSE; TO PROVIDE FOR PUBLICATION; TO PROVIDE FOR A REPEALER CLAUSE; AND TO PROVIDE AN EFFECTIVE DATE OF OCTOBER 1, 2011. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 53, Traffic, Article III. Enforcement and Compliance, and Article VI. Standing and Parking are amended by revising the Articles to read as follows: "CHAPTER 53 TRAFFIC ARTICLE III. ENFORCEMENT AND COMPLIANCE DIVISION 1. GENERALLY * * * * * Sec. 53-41. Obodionco to chapter reguirod. Stopping, standing or parking a civil offense. —313— Page 2 of 27 perform any act required in this chapter. A violation of any provisions of the Code of Ordinances governing the stopping, standing or parking of a vehicle is a civil offense. Stopping, standing, or parking offenses occurring before October 1 2011 shall be governed by the law in effect when the offense occurred, and the former law shall continued in effect for that purpose. DIVISION 2. PENALTIES AND IMPOUNDMENT Sec. 53-55. – Penalties, civil fine, and administrative fee. (a) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any provision of this chapter shall be punished by a civil fine or administrative fee of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00). (b) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the provisions of sections 53-180 through 53- 199, shall be punished by a civil fine or administrative fee of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however if the fine or fee prescribed in this subsection is not paid or an appearance is made ' municipal court in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not less than thirty five dollars ($35.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: (c) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories the provision& of , shall be punished by a civil fine and administrative fee of not less than thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed in this subsection is not paid or an appearance is made with a pl a –314– a a Category Early Payment After 40—,aye Standard Fine Fine Assessment Parking meters and time zones: (1) Expired meter $25.00 $35.00 (2) Extending time beyond legal limit 25.00 35.00 (3) Time zones 25.00 35.00 (c) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories the provision& of , shall be punished by a civil fine and administrative fee of not less than thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed in this subsection is not paid or an appearance is made with a pl a –314– a a Page 3 of 27 in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be riot be less than forty dollars ($40.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: (d) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories shall be punished by a civil fine or administrative fee of not less than thirty-five dollars ($35.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed is not paid or an appearance is made case heard in municipal court in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty-five dollars ($45.00). The categories and fine assessments shall apply as follows: -315- Category Early Payment Ater 40 -Bays Standard Fine Fine Assessment Illegal zones: (1) Loading zone (time extension) $30.00 $40.00 (2) Loading zone (Noncommercial use) 30.00 40.00 (3) Parked in bus stop 30.00 40.00 (4) Blocking two meter spaces 30.00 40.00 (5) Parking in taxi zone 30.00 40.00 (6) Over 18 inches from curb 30.00 40.00 (7) Other 30.00 40.00 (d) Unless another penalty is expressly provided by law, every person convicted found liable of a violation of any of the following categories shall be punished by a civil fine or administrative fee of not less than thirty-five dollars ($35.00) nor more than two hundred dollars ($200.00); provided, however, if the fine or fee prescribed is not paid or an appearance is made case heard in municipal court in the office of administrative hearings within ten (10) days of the date of the alleged violation, then and in that event, said fine or fee shall be not be less than forty-five dollars ($45.00). The categories and fine assessments shall apply as follows: -315- Page 4 of 27 (e) Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. (f) Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. (dg) Whenever a person charged with a violation of any provision of the chapter,- or hapter,or of any provision of Texas Transportation Code as amended, fails to pay the prescribed civil fine or administrative fee fails to enter a pl a, and it becomes necessary to issue an warrant for his or her order to impound or immobilize the vehicle, then and in that event, an additional penalty shall be added to the fine or fee prescribed for the violation as an warrant impoundment or immobilization fee in the amount of fifty dollars ($50.00). Provided, however, the warrant impoundment or immobilization fee may be waived in connection with amnesty programs approved by the city council. Cross reference— Court costs, § 53-153. Sec. 53-56. - Disposition of traffic fines and forfeitures generally,; parking meters and pay station revenue. (a) AU administrative fees, fines or forfeitures collected upon a conviction finding of liability, or open -the a forfeiture of bailT for violation of any of the provisions of this chapter, except fines or forfeitures for speeding violations, –316– Category Early Payment Ater 10 Standard Fine Fine Assessment Safety zones: (1) No parking zone $35.00 $45.00 (2) Parking within 15 feet of fire hydrant 35.00 45.00 (3) Blocking crosswalk 35.00 45.00 (4) Blocking driveway 35.00 45.00 (5) Blocking sidewalk 35.00 45.00 (6) Double parking 35.00 45.00 (7) Opposite direction of travel 35.00 45.00 (e) Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. (f) Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. (dg) Whenever a person charged with a violation of any provision of the chapter,- or hapter,or of any provision of Texas Transportation Code as amended, fails to pay the prescribed civil fine or administrative fee fails to enter a pl a, and it becomes necessary to issue an warrant for his or her order to impound or immobilize the vehicle, then and in that event, an additional penalty shall be added to the fine or fee prescribed for the violation as an warrant impoundment or immobilization fee in the amount of fifty dollars ($50.00). Provided, however, the warrant impoundment or immobilization fee may be waived in connection with amnesty programs approved by the city council. Cross reference— Court costs, § 53-153. Sec. 53-56. - Disposition of traffic fines and forfeitures generally,; parking meters and pay station revenue. (a) AU administrative fees, fines or forfeitures collected upon a conviction finding of liability, or open -the a forfeiture of bailT for violation of any of the provisions of this chapter, except fines or forfeitures for speeding violations, –316– Page 5 of 27 which administrative fees, fines or forfeitures shall go into the general fund of the city, shall be paid into the city treasury and credited to a special fund to be known as the "Street Traffic Improvement Fund," which is hereby created and which shall be used exclusively in the construction and maintenance of roads, bridges and culverts in the city, and for the enforcement of the traffic laws regulating the use of public streets by motor vehicles and motorcycles and to help defray the expenses of the city traffic officers. (b) Parking fees are hereby levied as police regulation to help defray maintenance expenses. There is hereby established a Parking Improvement Fund for the purpose of receiving revenue collected from paid parking spaces, parking zones, city -owned or controlled paid parking lots, parking meters, and parking pay stations. The revenue collected from these sources shall be deposited in the General Fund and disbursed in the following manner: (1) A portion of the revenue shall be used to cover operational and maintenance costs such as personnel, inspecting, installing, maintaining, operating, control and use of paid parking meters paid parking zones, paid parking pay stations, and paid parking lots. and (2) A portion of the revenue shall be disbursed into the Parking Improvement Fund as provided under this section for the purposes of: a. Landscaping, beautification, construction, maintenance of the city center, tourism; and b. Establishment and development of parkinq lots in the business areas of the city. (c) Prior to any allocation of funds between the General Fund and the Parking Improvement Fund, all expenses related to the maintenance and operation of the Parking Control function, as listed in (b)(1), must be covered by revenue earned and deposited in General Fund during the same fiscal period in which the expenditures were incurred. Subsequent to covering the cost of the Parking Control function in the General Fund, the allocation of revenues maV be divided as follows: (1) In fiscal year 2012, one -hundred (100%) percent of the revenue shall remain in the General Fund for use as designated by city council, (2) In fiscal year 2013, thirty (30%) percent of the revenue of that fiscal Year shall be disbursed into the Parking Improvement Fund to be used for purposes outlined in section 53-56(b)(2), and seventy (70%) percent of the revenue shall remain in the General Fund for use as designated by city council —317— Page 6 of 27 (3) In subsequent years, forty (40%) percent of the revenue earned during that fiscal year shall be disbursed into Parking Improvement Fund for purposes outlined in section 53-56(b)(2), and sixty (60%) percent of the revenue shall remain in the General Fund for use as designated by city council. (d) The Parking Improvement Fund revenue designated in section 53-56(c) (2) and (3) can be carried forward from year to year to be reinvested into parking and other related public improvement projects outlined in section 53- 56(b)(2) as approved by the city council. Sec. 53-57. - Notice on illegally parked vehicle. Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by this Code or by other ordinance of the city or by state law, the officer finding such vehicle shall take its regi, stration identify its user the make and state license plate number of the vehicle, or if the license plate number is not visible or legible, the VIN number or state inspection number in lieu of the license plate number and shall conspicuously affix to such vehicle a police summons notice or citation, in writing, on a form provided by the clerk of the municipal court, for the driver to answer to the charge against him within the time and at the place specified in the notice. Failure to answer the summons, notice, or citation or appear within ten (10) calendar days is considered an admission of liability. Sec. 53-58. - Presumption in reference to illegal parking. proof that the defendant named in the complaint was at the time of such parking the registered owncr of such vehicle, The original or any copy of the citation and the Texas Department of Motor Vehicle's computer generated record of the registered vehicle owner shall constitute in evidence a prima facie evidence and presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the location paint -where and for the time during which cud} the violation occurred. Sec. 53-59. - Impounding vehicles—Authority of police. (a) Any police officer, or employee designated by the city manager, is hereby authorized to immediately remove or cause to be removed a vehicle from a public street, highway, parking facility, alley, walkway, or other publicly owned area, or private property, and impound the vehicle in any of the following circumstances: –318– Page 7 of 27 (1) When the vehicle creates an immediate public hazard or an obstruction of traffic or pedestrian access on, to, or from public property. (2) When the owner or operator of the vehicle has been taken into custody by the police department and seizure is permitted or required by police department policy consistent with constitutional guidelines. (3) When the vehicle's removal is necessary to protect persons or property (including the vehicle) from harm. (4) When the vehicle is found parked in a tow -away zone which is with properly cignposted sign. (5) When the vehicle's removal is necessary to permit street construction, cleaning up or repair, tree work, or other public utility work, after at least twenty -four -hours notice thereof has been posted. (6) When any vehicle is found parked upon any public street, highway, alley, walkway, or right-of-way, or upon any property owned or controlled by the City of Corpus Christi, and has three (3) or more outstanding parking or stopping violation in a calendar year. notices or has one or more =- more in ccheduled fines and no response has been received by the collections division for such notices. (b) When a vehicle is found as described in subsection (a)(6), any police officer or employee designated by the city manager may, in lieu of or prior to impoundment, attach to the vehicle a device that will prevent the vehicle from being moved. (1) The police officer or employee immobilizing a vehicle as provided herein shall place on the vehicle, in a conspicuous manner, notice sufficient to warn the individual that such vehicle has been immobilized and that any attempt to move such vehicle will result in damage to such vehicle. This notice shall state the reason for which the vehicle was immobilized and describe the procedure for release of such vehicle. (2) Notice shall also be given informing the owner, driver, or person in charge of the vehicle of his right to a hearing to contest such immobilization. —319— Page 8 of 27 (c) Before a vehicle may be impounded or immobilized for the reason set forth in subsection (a)(6) a notice shall be sent certified mail to the person to whom the vehicle is registered, stating: (1) The vehicle has specified outstanding parking violations against it. (2) After ten (10) days from the date on the face of the notice, the vehicle will be impounded or immobilized whenever it is found parked upon any public street, highway, alley, walkway, or right-of-way, or upon any property owned or controlled by the City of Corpus Christi, unless before that time the fines are paid or appearance is made in municipal -court the office of administrative hearings for disposition of cases according Gault es. (d) No person shall impede, hinder, or interfere with the impoundment or immobilization of a vehicle as provided under subsections (a) and (b). (e) No person except an authorized city officer or employee, shall attempt to remove the immobilization device. No person shall move or attempt to move a vehicle immobilized under subsection (b). Any such action(s) shall constitute a separate and additional offense(s), punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). Any damage to the immobilization device, occurring as a result of an attempt to remove or tamper with the device or by moving the vehicle, shall make the offender liable for the destruction of public property. (f) The City of Corpus Christi shall assume no liability for loss or damage to an immobilized vehicle or its contents while so immobilized. (g) It shall be the duty of all owners and persons in charge of vehicles which are disappear missing within the city limits to make inquiry to the police department. When a person inquires of the police department about a missing vehicle, a thorough check shall be made to determine if the vehicle has been impounded. If the vehicle has been impounded, the person will be referred to the office responsible for custody of the vehicle, and that office shall inform the person of the following: (1) The reason for impoundment. (2) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, if any, or by posting a bond. (3) That he may request a hearing to dispute validity of the impoundment. —320— Page 9 of 27 Provided, however, that if the vehicle has been seized as evidence of a crime, for forfeiture or because of its connection with criminal activity; or similar reasons, the person shall only be referred to the appropriate detective. (h) When a vehicle is impounded and no person has contacted the police department about the vehicle within seventy-two (72) hours after impoundment, the responsible department shall, on the first working day after seventy-two (72) hours, send a notice that the vehicle has been impounded to the registered owner by certified mail, including the following: (1) The year, make, and license plate number of the vehicle. (2) The reason for impoundment. (3) The location from which the vehicle was taken into custody. (4) The location where the vehicle is being held. (5) That he may obtain his vehicle by paying storage and impoundment fees and parking fines, if any, or by posting a bond. (6) That he may request a hearing to dispute validity of the impoundment. (7) The name of the person or office he can contact to get information on procedures for obtaining release of his vehicle. If the certified letter shall be returned undeliverable, such notice shall be given Provided, however, this provision does not apply if ##-the vehicle has been seized as evidence of a crime, for forfeitureor because of connection with criminal activity; or similar reasons. (i) To the extent that any vehicles seized pursuant to this section constitute "junked" or "abandoned" vehicles under state law or other provisions of this Code, they may be processed in accordance with those provisions. Sec. 53-60. - Same—Redemption of vehicles. (a) When a vehicle is impounded pursuant to section 53-59, subsections (a)(1) through (a)(5) the following procedures shall apply: –321– Page 10 of 27 (1) The vehicle shall be released to a person claiming it, upon satisfactory proof of identification such as a current driver's license, identification card military identification card or passport, proof of financial responsibility or liability insurance, proof he the person is entitled to possession of the vehicle such as title, registration, power of attorney or notarized letter of authorization, and; when the following conditions are met: a. Payment of all towing and storage fees in accordance with the fee schedule in section 57-254; b. Payment of a cash bond in the full amount of the accrued towing and storage fees, and the administrative fee; or c. A determination at the hearing described herein that the impoundment did not meet the conditions of subsections (a)(1) through (a)(5) of section 53-59. Upon such determination, the bond, if any, shall be returned to the person. If the impoundment is sustained, the bond, if any, shall be forfeited. (2) of the police chief a meeting with an impartial representative -of -the police department designated by -the chief, who shall have fill and the request. Otherwise, the hearing shall be held within ten (10) days. —322— Page 11 of 27 such part thereof as is appropriate. (3) These procedures shall not apply to any vehicle seized as evidence of crime, for forfeiture, or for its connection with criminal activity, or similar reasons. (b) When a vehicle is impounded or immobilized pursuant to section 53-59, subsection (a)(6) the following procedures shall apply: (1) The vehicle shall be released to a person claiming it, upon satisfactory proof of identification such as a current driver's license, identification card, military identification card or passport, proof of financial responsibility or liability insurance, proof that -he the person is entitled to possession; of the vehicle such as title, registration, power of attorney or notarized letter of authorization, and when the following conditions are met: (2) a. Payment of an immobilization fee of forty seventy-five dollars ($'15.00 75.00) e -and towing and storage fees in accordance with the fee schedule in under section 57-254 and payment of the standard charge for all unresolved the -underlying parking violations as reflected in the parking violation notices. b. Payment of a cash bond in the full amount of the accrued towing and storage fees, the administrative fee and the standard charge for all unresolved the -underlying traffic, or stopping or parking violations. c. A combination of payments under "a" and bond for the balance under "b." d. A determination at the hearing described herein that the impoundment or immobilization did not meet the conditions of subsection (a)(6) of section 53-59. If the impoundment is sustained, the bond, if any, relating to towing, immobilization, or storage fees shall be forfeited. —323— Page 12 of 27 conditions in subsection (a)(6) of section 53 59 were mct. Inc underlying traffic violations shall not be considered except to the extent where he did not own the car at the time of any violation and did not shall review all docum impounding officer, which can be done in person at the hearing, by telephone, or by other m ans. The hearing officer shall inform the the evidence indicates the impoundment was erroneous, the hearing officer shall cause the vehicle to be rel aced without payment of the towing or immobilization fee, storage fee, and parking fine, or such part thereof as is appropriate. (3) If the person wishes to contest the underlying unresolved parking violations, and if the vehiclehas not been released, an municipal court trial administrative hearing shall be set within three (3) working days of the request. Otherwise, trial of the undertylng unresolved cases shall be heard by the office of administrative hearings in its routinely docketed by the municipal court manner. The bond for parking fines held under this subsection shall be transferred to municipal court the office of administrative hearings and applied to satisfy any judgment rendered by the court office of administrative hearings in the parking cases. The balance, if any, shall be returned to the defendant or violator. (3) Upon the compliance with this section, the person will be authorized to reclaim the impounded vehicle or to have the immobilization device removed. (4) The hearing officer or the chief of police, or their desiqnees, are authorized to issue a written order releasing an impounded vehicle to its owner or to a person determined to have the right to possession of the vehicle. Nothing in the order shall authorize or imply the waiving of —324— Page 13 of 27 costs and fees associated with the impoundment and storage of the vehicle. Cross reference— See also section 13-49. * * * * * ARTICLE VI. STANDING AND PARKING DIVISION 1. GENERALLY Sec. 53-153. - Court costs; administrative fees. (a) There is hereby assessed a court cost or administrative fee of five dollars ($5.00) on each parking violation. "Parking violation" shall include a violation of any city ordinance, regulation, or order regulating the stopping, standing, or parking of vehicles, which presently exists or may be subsequently adopted. This section is adopted pursuant to Article 102.014 of the Texas Code of Criminal Procedure. (b) The municipal court, office of administrative hearings, or other city agency which may be authorized to collect fines or assessments for parking violations shall collect the court costs or administrative fees provided for herein. (c) The money received from court costs or administrative fees hereunder shall be used for the city's school crossing guard program. If it exceeds the amount necessary for said program such money may be deposited in an interest-bearing account or expended for programs designed to enhance child safety, health, or nutrition, including child abuse prevention and intervention and drug and alcohol abuse prevention, and such other purposes as are hereafter authorized by state law. Sec. 53-191. .___ DIVISION 4. PARKING METERS and administrative adjudication hearing. –325– Hearing officer Page 14 of 27 at shall be unlawful and an offence to deposit or cause to be deposited in a coin of the United States. Lai The city manager or designee, shall appoint one or more hearing officers to administratively adjudicate stopping, standing, or parking violations under the Code of Ordinances. The hearing officers may conduct other administrative hearings as assigned by the city manager or as required under the Code of Ordinances. LIS There is hereby established an office of administrative hearings to conduct administrative adjudication hearings for stopping, standing, or parking violations under the Code of Ordinances, and other administrative proceedings as assigned by the city manager or as required under the Code of Ordinances. Lei A hearing officer shall have the authority to: (1) Administer oaths; (2) Accept admissions and hear and determine contests of parking violations under the Code of Ordinances; (3) Issue orders enforceable by the municipal court compelling the attendance of witnesses and the production of documents; (4) Issue orders of immobilization or impoundment of vehicles; (5) Set conditions for the release of vehicles immobilized or impounded under this chapter; (6) Administratively terminate parking citations or cases that the hearing officer determines to be uncollectable, unenforceable or erroneously issued: (7) Assess civil fines, penalties, and costs for a parking violation in accordance with this chapter; and —326— Page 15 of27 (8) Preside over, hear evidence, make findings at immobilization and impoundment hearings under this chapter. A person charged with violating a stopping, standing, or parking ordinance is entitled to an administrative adjudicating hearing as provided in this article. A person issued a parking citation shall answer the citation not later than the appearance date and during the hours specified on the parking citation. (e) An answer may be made in any of the following ways: (1) A person may admit liability and pay the applicable civil fine and any additional penalties and costs. A person may pay in person, by mail, by electronic means, or by other method of payment as determined by the office of administrative hearings; (2) A person may appear before a hearing officer at an instanter hearing on or before the appearance date and during the time specified on the parking citation: (3) A person may request permission from a hearing officer to adiudicate by mail or electronic means; or (4) A person may file a written request for a scheduled hearing. (f) Payment of civil fines, costs, and fees assessed under this chapter operates as an admission of liability for the parking violation and is the final disposition of the parking violation charge. (q) A hearing officer may permit a person charged with a parking violation to adiudicate the charge by mail or electronic means, if: (1) The person shows good cause to adiudicate by mail or electronic means; and (2) If the person makes the request on or before the appearance date. (h) Letters, memoranda, affidavits, photographs, and other documentary materials are admissible as evidence for adiudication by mail or electronic means. A hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. A person admits liability for a parking violation and shall pay the civil fines, costs, and fees assessed by the hearing officer if the person fails to present evidence, as allowed, to the hearing officer within thirty (30) days from the date of the citation. —327— Page 16 of27 (i) A hearing officer shall decide a matter adiudicated by mail or electronic means not later than the sixty (60) days after the appearance date shown on the citation. (1) If a hearing officer determines that adjudication cannot proceed by mail or electronic means, the hearing officer shall advise the person charged, by first class mail or electronic means, that he must appear in person to answer the charge at a hearing. (k) In any administrative adjudication hearing under this chapter: (1) It is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. A registered owner is not liable if: a. The operator assumes responsibility and liability for the violation; b. The operator is actually named in the parking citation; c. The registered owner files an affidavit and documents with the hearing officer that establish the vehicle was sold prior to the date and time of the violation; d. The registered owner files a copy of the police report and an affidavit stating that the vehicle was stolen at the time of the violation. e. A registered owner, engaged in the business of renting or leasing vehicles under written rental or leasing agreements, is not liable if, within thirty (30) days after receiving written notice of a parking violation the owner provides: 1. An affidavit stating the name, address, and driver's license number with state of issuance, of the person in possession of the vehicle at the time the parking citation was issued. or 2. A copy of the lease or rental agreement in effect at the time the parking citation was issued that includes the name, address and driver's license number of the person that leased the vehicle. f. A registered owner engaged in the business of renting or leasing vehicles who fails to comply with Subsection (f) above is liable for civil fines, costs, and fees. (2) The original or any copy of the summons or citation and the Texas Department of Motor Vehicle's computer-generated record of the —328— Page 17 of 27 registered vehicle owner are prima facie evidence of the facts and contents contained therein. (3) The presence of a vehicle in a paid parking zone: a. When the paid -for time shown on adjacent parking meter is expired; b. When the paid -for time shown on the relevant pay -by -space station has expired; or c. When the paid -for time shown on the pay -and -display station receipt has expired is prima facie evidence that the vehicle has been parked beyond the legal period of time fixed by this article or that the operator did not deposit proper payment. (I) The issuing police officer, parking enforcement officer or other authorized employee shall not be required to attend an instanter hearing. (m) It is not required that the prosecuting attorney attend the hearing. If the person is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing. (n) No formal or sworn complaint shall be necessary. (o) The Texas Rules of Evidence do not apply to a hearing under this section. (p) The hearing officer shall examine the contents of the citation, the evidence related to the ownership of the vehicle in question, any evidence filed with the citation and shall hear and review the testimony and evidence presented bV the person charged. The testimony at the hearing shall be recorded. (q) If the hearing officer determines by the preponderance of the evidence that the violation was committed by the person charged, the hearing officer shall find the person charged liable. (r) At the conclusion of the hearing, the hearing officer shall issue an order stating whether the person charged with the violation is liable for the violation and the amount of any fine, penalty, costs or fees against the person. (s) The order shall be filed with the office of administrative hearings clerk. The clerk shall keep all such orders in a separate index or file. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. —329— Page 18 of 27 (t) Within seven (7) calendar days after filing an order of liability issued under this section, a hearing officer shall notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by United States mail to the last address of the registered owner on record with the Texas Department of Motor Vehicles, or to the address of the registered owner or operator last known to the hearing officer. The notice must include a statement: (1) Of the amount of civil fines, penalties, and costs assessed; (2) Of the right to appeal to municipal court; and (3) That failure to pay can result in immobilization and impoundment of the vehicle. (u) A person who fails to appear before a hearing officer within ten (10) calendar days from the issuance of the citation for a stopping, standing, or parking violation under the Code shall be considered an admission of liability for the charged offense and an order shall be issued on that basis. In the event that the person charged elects to appear by posting a bond and obtaining a scheduled hearing, the failure of the person charged to appear in person or through counsel at the scheduled hearing shall also be considered an admission of liability and an order may be issued on that basis. (v) Fines for violations shall be as provided in section 53-55. The city council by ordinance shall establish fines, administrative fees or penalty for persons who do not wish to contest their citations and for persons who admit liability under this section, and the amount of any added fines that shall be payable if a citation or fine ordered by a hearing officer is not fully satisfied or a bond is not posted within ten (10) calendar days from the date of issuance of the citation. (w) A municipal court may enforce an order of the hearing officer compelling the attendance of a witness or the production of a document. (x) The recorded testimony, documents, and other evidence shall constitute the record for appeal. Sec. 53-192. Injuring er tamporing with maters. Appeal and Enforcement. injure, tamper with, opcn or willfully break, destroy or impair or impcdc the usefulness of any parking meter installed under the terms of this division. (a) A person found liable by the hearing officer for a parking or stopping ordinance may appeal the determination to municipal court. —330— Page 19 of27 (b) The appeal must be instituted by filing, not later than thirty (30) day after the filing of the hearing officer's order is issued, a petition with the clerk of the municipal court along with payment of a non-refundable filing fee in the amount of fifty ($50) dollars as well as payment of any other costs required by law. (c) A person who accepts liability or fails to contest liability by the appearance date is not entitled to an appeal hearing. (d) Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person, before appealing, posts a cash appeal bond with the office of administrative hearings clerk in an amount equal to all civil fines, costs and fees assessed by the hearing officer. (e) When an appeal petition is filed the municipal court clerk shall schedule an appeal hearing and notify each part of the date, time and location of the hearing. (f) An appeal hearing is conducted by municipal court judge. (q) The appeal hearing before a municipal court judge shall be an administrative proceeding for the purpose of affirminq or reversing the order issued by the administrative hearing officer. The appeal shall be decided under the substantial evidence rule and on the basis of the evidence adduced at the hearing before the hearing officer. The record of witness testimony may be preserved for appellant review by the use of an audio or video tape recording, and no evidence may be adduced at the appeal hearing. The judge shall not reverse the hearing officer's decision unless it is determined to be: (1) In violation of law; (2) Not reasonably supported by substantial evidence, based upon a review of the reliable and probative evidence in the record as a whole- or (3) Arbitrary and capricious or characterized by an abuse of discretion. (h) If the findings of the hearing officer are affirmed, the civil fines, costs, or fees may not be modified except that additional penalties, and other costs, or fees may be added in accordance with the schedule in this chapter. (i) A person who is liable for parking violations and has not paid the fines, costs, and fees assessed when due, the fines, costs, and fees assessed for the violations may be enforced by: —331— Page 20 of 27 (1) Impounding the vehicle if the owner or operator has committed three or more vehicle parking or stopping offenses in a calendar year; (2) Placing a device on the vehicle that prohibits movement of the motor vehicle: (3) Imposing an additional fine if the original fine is not paid within a specified time: (4) Denying issuance of or revoking a parking or operating permit as applicable; or (5) Filing an action to collect the fines, costs, or fees in a court of competent jurisdiction. (i) In addition to paying the added fine amount for late payment as provided in section 53-55, the failure to comply with an order issued under this article may be enforced by any of the other methods provided in section 682.010, Transportation Code. (k) The office of administrative hearings shall be responsible for creating and maintaining the delinquent vehicle list. (I) A delinquent vehicle may be placed on the delinquent vehicle list after notice has been issued and a hearing, if requested. (m) At least ten (10) days prior to placing a delinquent vehicle on the delinquent vehicle list, the clerk of office of administrative hearings shall mail a notice to the owner, at the address stated on the most current registration records available to the city from the state, or any more current address of which the office of administrative hearings has actual notice, by first-class United States mail, postage prepaid. When the Department of Motor Vehicle does not have current registration records for a vehicle, a self -adhering notice placed on the vehicle will be deemed sufficient notice. The notice shall include: (1) The license number of the alleged delinquent vehicle; (2) The date certain on which the delinquent vehicle will be subject to placement on the delinquent vehicle list; (3) A list of three (3) or more alleged unresolved parking citations including the date, time, place of violation, and the nature of the violation; (4) That the owner may avoid the vehicle's being placed on the delinquent vehicle list by making an appearance on the unresolved parking citations' —332— Page 21 of 27 (5) The name, mailing address (and street address, if different), and telephone number of a city office or agency that may be contacted for a hearing if any of the alleged unresolved parking citations has been resolved by appearance, or if the recipient was not the owner of the vehicle when any of the alleged unresolved parking citations was issued, or if the title to the vehicle has been transferred since the unresolved parking citations were issued; and (6) That administrative fees, boot fees, and towing and storage fees may be payable to obtain the release of a vehicle booted or towed under this article in addition to appearance on any unresolved parking citations. (7) For a vehicle that is not yet a delinquent vehicle, the notice required under this section may be mailed or adhered to the vehicle, provided that there are already two (2) unresolved parking citations and that a third parking citation, which shall also be specified in the notice, will become unresolved if an appearance is not made thereon by the date specified for placement of the vehicle on the delinquent vehicle list. (n) After the expiration of the date provided in the notice issued, the office of administrative hearings shall review the records to ensure that the alleged unresolved citations have not been resolved by appearance, and that no information has been received indicating that the notice was erroneous. The hearing officer shall meet with any person desiring to present evidence that a notice given is erroneous, shall afford the person an opportunity to present any relevant evidence on the matter, and shall mail or otherwise furnish a written notice to the person of the hearing officer decision. (o) If the request for a hearing is received by the office of administrative hearings before the date specified in the notice for placement of the vehicle on the delinquent vehicle list, then the clerk shall notify the hearing officer of the request for hearing and afford the applicant an opportunity for a hearing prior to placement of the vehicle on the delinquent vehicle list. If the applicant timely appears for the hearing as scheduled, the clerk shall furnish the hearing officer and the applicant written notice of the adjudication hearing officer's decision. (p) Once a vehicle has been placed on the delinquent vehicle list, it shall not be removed from the list unless and until: (1) All unresolved parking citations issued during the time it has been registered to or otherwise held by the owner are resolved by appearance; (2) The hearing officer receives reliable information that the vehicle was not registered to its current owner at the time the unresolved citations were issued: —333— Page 22 of 27 (3) The hearing officer receives reliable information that title to the vehicle has been transferred; or (4) The hearing officer determines that the placement of the vehicle on the delinquent vehicle list was erroneous. Sec. 53-193. immobilization of motor vehicle for unpaid parking citations. Impoundment or money so collected shall be deposited in the general fund of the city and disbursed on order of the city council. The duties prescribed to the officers of the they are required to perform. (a) An order filed pursuant to this article may be enforced by: (1) Impounding or immobilizing the vehicle if the violator has committed three or more parking or stopping offenses within the calendar year; and (2) Imposing an additional fine if the original fine is not paid within a specified time. (b) Provided however that no vehicle shall be impounded or immobilized under this article unless written notice is mailed, in accordance to section 53-59, to the last known registered owner, or current owner if that information is contained in the order filed pursuant to section 53-191. (c) If a vehicle owner does not request a hearing or pay the penalty as provided by this article, the vehicle may be immobilized or impounded after notice and opportunity for a hearing has been provided to the last known registered owner of the motor vehicle. (d) The written notice shall contain the following information: (1) The vehicle license plate number; (2) The name of the last registered owner of the vehicle; (3) The date issued, fine amounts, costs and fees for all outstanding or unresolved parking citation; (4) A statement that a request for a hearing to determine whether or not the motor vehicle will be immobilized or impounded must be made to the —334— Page 23 of 27 office of administrative hearings in writing, without requirement of bond, within ten (10) days after the date the notice was mailed; (5) A statement that failure to request a hearing before the expiration of the ten (10) day period, or failure to appear at a requested hearing will constitute a waiver of the opportunity to oppose the proposed impoundment or immobilization; and (6) A statement indicating that the registered owner of the vehicle, in addition to being responsible for all outstanding parking citations, will be responsible for all fees and costs incurred in immobilizing and impounding the vehicle, including storage fees. (e) If a hearing is requested, and the hearing officer determines that a vehicle will be immobilized or impounded, the hearing officer will issue a written order directing any police officer, parking enforcement officer or other authorized employee of the city to immobilize and impound the vehicle. The office of administrative hearings will also charge a hearing fee of fifty ($50.00) dollars that is separate from the immobilization fee. (f) If the office of administrative hearings does not receive a request for a hearing from the owner of the motor vehicle or the owner's representative within ten (10) days from the date the notice required by this section was mailed, or if the owner or owner's representative fails to attend a requested hearing, the hearing officer will issue a written order directing the immobilizing and impoundment of the vehicle. If the owner or owner's representative fails to attend a requested hearing, the office of administrative hearings will charge fifty ($50.00) dollars hearing fee that is separate from the immobilization fee. (q) Upon a determination by the hearing officer that a vehicle should be immobilized or impounded, the hearing officer or the office of administrative hearings will inform the owner or owner's representative of the determination, in person if the owner or owner's representative appear at a hearing or by certified mail to the last known registered owner of the vehicle if they do not appear at a hearing. (h) Any police officer, parking enforcement officer or authorized employee may immobilize a vehicle under a hearing officer order by the installation or attachment of a device designed to restrict the normal movement of a vehicle. (i) When a vehicle is immobilized, the person executing the order will conspicuously attach to the vehicle a written notice on a form provided by the city as follows: —335— Page 24 of 27 (1) The vehicle has been immobilized pursuant to an order; 1 (2) It is unlawful for any person to tamper with, deface, damage, or attempt to remove an immobilization device when it has been attached to a vehicle: (3) Instructions on having the vehicle released may be obtained by calling the office of administrative hearings or police department (4) The vehicle may be towed and impounded if the owner of the vehicle or the owner's representative has not arranged to have the immobilization device removed by the city before 4:00 p.m.; and (5) The owner of the vehicle is responsible for payment of all applicable fees for towing, impoundment and storage of the vehicle, in addition to the fines, costs, and fees for any outstanding parking citations. (1) Nothing under this section shall be construed to restrict or limit the authority of police officers to tow and impound vehicles under other applicable law. Sec. 53-194. - mese-of levyy. Violations; penalties. The coins required to be deposited as provided in this division are hereby levied as police regulation and inspection fees to cover the cost of inspection, described in this division and the cost involved in checking up and regulating the parking of vehicles in the parking meter zones created hereby. maintenance, establishment and development of parking lots in the business ar as of the city. (a) A person may not knowingly: (1) Stop, stand, or park a vehicle in violation of this chapter or state law; or (2) Permit a vehicle owned by the person or registered in the person's name to stop, stand, or park in violation of this chapter or state law. (b) If a parking space limit line is delineated on a street or parking lot owned or maintained by the city, a person: (1) May not park a vehicle on or across the line; and —336— Page 25 of 27 (2) Shall park a vehicle entirely within the delineated area. (c) A person may not park a vehicle in a driveway of a parking lot owned or maintained by the city. (d) A person may not park on an off-street parking lot or parking garage at property owned or leased by the city that has been designated by the city manager for city employee parking, unless the person is an employee of the city. { A person may not park on an off-street parking lot or parking garage at property owned or leased by the city that has been designated by the city manager for visitor parking, unless the person is conducting business at a city facility served by the parking lot. If A person other than a person operating a commercial vehicle may not stop, stand or park a motor vehicle in a designated commercial service zone. A person operating a commercial vehicle may not stop, stand, or park in a designated commercial service zone for more than 30 minutes. (h) A person may not stop, stand, or park a vehicle in a zone marked as a safety zone or within fifteen (15) feet of a fire hydrant. ii A person may not stop, stand, or park a vehicle in a prohibited parking area no parking zone, or restricted parking area that is designated as a tow -away zone. la A person may not stop, stand, or park a vehicle on a sidewalk, right-of-way or crosswalk. (k) A person may not stop, park or leave standing any vehicle, whether attended or unattended, upon the main -traveled part of a street, in a manner or under any condition which leaves available less than fourteen (14) feet of the width of the street for the free movement of vehicles. DI A person may not back a vehicle into a parking space on a public street designated for head -in angle parking. (m) A person may not park a vehicle head -in in a parking space on a public street designated for back -in angle parking. A person may not stop, stand, or park any vehicle having attached thereto a trailer, and the overall length of the vehicle and trailer is nineteen (19) feet or more on any street where angle parking is designated. —337— J Page 27 of 27 That the foregoing ordina a was read for the first time and passed to its second reading on this the /ay of , 2011, by the following vote: Joe Adame Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler 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 Mark Scott Larry Elizondo, Sr. Kevin Kieschnick David Loeb Priscilla G. Leal John E. Marez Nelda Martinez Chris N. Adler PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: July 7, 2011 Otkvir- T. Trisha Dang Assistant City Attorney For City Attorney —338— Joe Adame Mayor 27 Copof us Christi AGENDA MEMORANDUM for the City Council Meeting of July 07, 2011 DATE: July 07, 2011 TO; Ronald L. Olson, City Manager FROM. Fred Segundo, Director of Aviation freds@cotexas.com 361.289.0171 x1216 A recommendation to negotiate and execute a contract. to Aviation Management -Consulting to perform an appraisal of facilities reverting back to the City and approximately'2OO+ acres of undeveloped land. PURPOSE A motion authorizing the City Manager, or designee to negotiate and execute a contract with Aviation Management Consulting Group, in the amount of $49,500:00#or the completion of the assigned scope of work for a facilities & land appraisal. BACKGROUND AND FINDINGS: The Department of Aviation solicited Statements of Qualifications from Aviation Appraisers to complete the assigned scope of work. City has ownership rights on eight hangars, two fuel farms, and two General Aviation terminals and undeveloped land. No comprehensive appraisal has been completed ftrthe land or assets to establish a fair market value, as required by the Federal Aviation Administration. This appraisal will bring the airport into compliance with Federal Aviation Administration requirements and establish an objective market value for all future negotiations. We received two respondents to the solicitation, Aviation Management. Consufting Group and Airport Business Solutions, Aviation Management Consulting Group has a thorough understanding of Airport's similar in size, wh desired from CRP, and the industry standards, financial alternative of a summary report which takes lowest cost without impacting quality of product. 's to ALTERNATIVE& No alternatives based on requirement of Federal Aviation Administration for fair market value on Airport owned assets. OTHER CONSIDERATIONS: Appraisal based on aviation experienced and database important to evaluation. —341— FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget 49,500 Encumbered/Expended amount as of (DATE) 0 0 This item 0 -49,500 0 49,500 BALANCE 0 _ 0 0 49,500 FUND(5): Comments: The scope of work will be completed with 8 —10 weeks. RECOMMENDATION: Staff recommends contract award to Aviation Management Consulting as presented. CONFORMITY TO CITY POLICY: Airport Operating To make available professional facilities & land for development at the Corpus Christi International Airport that shall be in compliance with all Federal Aviation Administration requirements and offer competitive high quality facilities and services to position the Airport as the preferred airport in the coastal bend region. The facilities and land for development shall generate sufficient revenue to support the Airport in maintaining financial self-sufficiency and to generate adequate capital to reinvest in the required infrastructure and maintenance obligations. EMERGENCY/NON-EMERGENCY: DEPARTMENTAL CLEARANCES: LIST OF SUPPORTING DOCUMENTS: Statement of Qualification for Aviation Management Consulting Cc: Lisa Aguilar, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —342— Aviation Management Consulting Group May 25, 2011 Mr. Enrique H. Castillo Assistant Director of Aviation Corpus Christi International Airport 1000 International Drive Department of Aviation Corpus Christi, Texas 78406 RE: Statement of Qualifications — Self -Contained Appraisal of Airport Property and Fixed Base Operations Facilities Dear Mr. Castillo: Aviation Management Consulting Group (AMCG) and Decker Associates (DA) are pleased to submit this Statement of Qualifications (SOQ) to the City of Corpus Christi (City), Department of Aviation (Department), to provide appraisal services at the Corpus Christi International Airport (Airport). By way of background, we are a team of experienced and results -oriented professionals who have the skills, resources, and expertise to get the job done right the first time. We know how to approach and manage a project and we know how to complete projects on time and within budget. We believe that the level of customer satisfaction experienced by our clients is the most reliable indicator of our capabilities and is truly reflective of our commitment to: provide only the highest quality services possible in a timely and professional manner. Ultimately, I can assure you that we will provide high quality, comprehensive, and fully responsive services (and work products) and that the City will be very pleased with our work. In addition, I am confident that nobody will do a better job. On behalf of our team, we look forward to having the opportunity to work with the City. To this end, we would welcome the opportunity to talk with you further about our background, experience, qualifications, and capabilities and the ways that the City will benefit by engaging us to provide the services described in this SOQ. If you have any questions, require any additional information, or would Ake to discuss any aspect of this SOQ, feel free to call me at (303) 792-2700 (office), (303) 792-5202 (direct), or (303) 435-0500 (mobile) or e-mail me at pmeyers©aviationmanagement.com. Sincerely, Paul A. Meyers Principal in Charge 9085 East Mineral Circle, Suite 315 • Centennial, Colorado 80112-3499 • Phone 303 792 2700 • Fax 303 792 2751 zovna. avis ti onmanagement. com -343- Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS ii. TABLE OF CONTENTS 1 Cover Letter ii, Table of Contents iii. Contact Information iv. Reader's Notes 1. Company A. Overview B. Mission C. Commitments 2. Qualifications and Experience 3. Services A. Airport Owners and Operators B. Aviation Business Owners and Operators 4. Clientele 5. Knowledge 6. Resources A. Presentations B. Articles C. Memberships 7. Related Experience A. Related Projects B. Related Workshops and Conferences 8. Team (Organization, Management, and Members) A. Organizational Chart B. Project Management C. Project Team 9. References 10. Project A. Background B. Scope of Work C. Work Plan (Approach) D. Budget E. Timing/Schedule F. Other Considerations IN AN EFFORT TO BE GOOD STEWARDS OF OUR ENVIRONMENT AND CONSERVE OUR NATURAL RESOURCES, THIS SUBMITTAL HAS BEEN PRINTED ON BOTH SIDES OF 100% RECYCLED PAPER. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 1 —345— III Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS iii. CONTACT INFORMATION For addition information or clarification of any aspect of this submittal, please contact: Paul A. Meyers Principal in Charge Aviation Management Consulting Group 9085 East Mineral Circle, Suite 315 Centennial, Colorado 80112-3499 Office: (303) 792-2700 Direct: (303) 792-5202 Mobile: (303) 435-0500 Facsimile: (303) 792-2751 E -Mail: pmeyers@aviationmanagement.com Office Hours: 8:00 a.m. to 6:00 p.m. (Mountain Time) Thank you for this opportunity to be of service. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 1 —346— leAviation Management Consulting Group STATEMENT OF QUALIFICATIONS iv. READER'S NOTES The following abbreviations have been utilized throughout this submittal: AAAE = American Association of Airport Executives Airport = Corpus Christi International Airport AMCG = Aviation Management Consulting Group City = City of Corpus Christi DA = Decker Associates Department = Department of Aviation FAA = Federal Aviation Administration FBO = Fixed Base Operator RFQ = Request for Qualifications SASO = Specialized Aviation Service Operator SOQ = Statement of Qualifications City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 2 —347— Aviation 111 Management Consulting Group STATEMENT OF QUALIFICATIONS 1. COMPANY A. Overview AMCG provides aviation management consulting services to airports, aviation businesses, and others who have an interest in general aviation (e.g., government entities, industry suppliers, professional organizations, and aircraft owners and operators) and we specialize exclusively in the general aviation segment of the industry. To our knowledge, we are the "only" aviation management consulting firm in the United States providing a full range of services focused "solely" on the general aviation segment of the industry. We are a dynamic consulting firm consisting of a team of highly qualified, experienced, knowledgeable, and results -oriented professionals working in concert to maintain a company culture focused on the client. Having established the standard for aviation management consulting services in the general aviation segment of the industry, we are the preferred provider of aviation management consulting services, products, and resources to the general aviation segment of the industry. Our clients are located throughout the United States and abroad. With AMCG, you can be assured that you will get straight answers, objective advice, accurate and timely information, and only the highest quality services, products, and resources — results you can count on! B. Mission Our mission is to employ our unique expertise in the general aviation segment of the industry to provide airports, aviation businesses, and others (who have an interest in general aviation) with the services, products, and resources they need to achieve their goals and objectives and be successful. C. Commitments To achieve our mission, we are fully committed to the following: > Thoroughly understanding the needs and exceeding the expectations of our clients > Keeping our clients fully informed > Providing innovative and creative solutions > Completing all assignments on time and within budget • Delivering high quality products, services, and resources that fully accomplish the scope of work • Building our clients' trust in us and confidence In our work > Maintaining the confidentiality of client information > Adhering to high ethical and moral standards City of Corpus Chrlstl, Corpus Christi International Airport, Appraisal Services May 25, 2011 3 —348— Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS 2. QUALIFICATIONS AND EXPERIENCE Our project team is comprised of a unique blend of talented and respected general aviation industry professionals who have strong credentials and proven track records. We have first hand planning, development, operations, management, marketing, and customer service experience. We own and operate an aircraft and all of our principals, consultants, and research/project analysts are pilots. As a result, we are able to utilize our unique ability to view any project and any issue that may arise during a project from a multi- dimensional (airport, aviation business, and customer) perspective. On a combined basis, our principals (Paul Meyers and Jeff Kohlman), consultants, and research/project analysts have approximately 95 years of aviation, operations, management, and customer service experience including 40 years of general aviation management consulting experience encompassing airports, aviation businesses, and others. Over the years, we have worked on more than 1,000 different assignments involving more than 500 airport and aviation business locations. We have excellent working knowledge of the aviation industry (overall) and the general aviation segment of the industry (in particular). We are intimately familiar with many of the key federal (and state) regulatory measures pertaining to the planning, development, operation, management, and funding of airports and aviation businesses. We have extensive research and analytical capabilities; we have developed and maintain a proprietary general aviation database and resource library (both are second to none); we track, monitor, and analyze general aviation data and trends on an ongoing basis; and, we own, maintain, and operate state-of-the-art computer equipment (hardware and software). Most importantly, we know how to correctly approach and manage a project and achieve a successful result. By way of our firsthand experience operating and managing airports, aviation businesses, and aircraft and providing consulting services to the owners and operators of airports, aviation businesses, and aircraft, we have been able to help our clients overcome the diversified challenges they face. When faced with difficult problems, we have consistently achieved successful results. Our clients can attest to our ability to understand and meet project goals and objectives (Le., provide services, products, and resources that fully accomplish the scope of work) and complete projects on time and within budget. We get the job done right the first time. We are fully committed to achieving these objectives and we are confident that "nobody will do a better job". Based upon our extensive qualifications and experience, intimate working knowledge, and vast resources (which encompass all facets of the general aviation segment of the industry), we are uniquely qualified to provide a full range of aviation management consulting services to the owners and operators of airports, aviation businesses, and aircraft. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 —349— 111 Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS 3. SERVICES We specialize exclusively in the general aviation segment of the industry and we focus on airport, aviation business, and customer matters and issues. Our team has first hand planning, development, operations, management, marketing, and customer service experience and intimate working knowledge of the general aviation industry. We have extensive resources and expertise that encompasses all segments and facets of the general aviation industry (airport, aviation business, and aircraft). As such, we are uniquely qualified to provide a full range of aviation management consulting services to the owners and operators of airports, aviation businesses, and aircraft. It is significant to note that we do not try to be something we are not. Rather than pursuing projects that we "may" be able to do, we only pursue projects that we "can" do — we only pursue projects that align directly with our core competencies (like this project). This is the only way to ensure that a successful result will be achieved. To this end, over the last 20 years, members of our team have completed appraisals/rent studies at approximately 50 airports (approximately 75 projects). We provide appraisals/rent studies to airports, aviation businesses, financial institutions, and government agencies. When it comes to conducting appraisals/rent studies, we have been at the forefront (on the leading edge) for well over a decade. As such, appraisals/rent studies continue to be a core service we provide. A. Airport Owners and Operators We provide the following services to airport owners and operators: > Appraisals (in conjunction with Decker Associates — long time teaming partner) • Fee Simple, Leasehold Interest, and Leased Fee > Rent Studies > Fee Studies • Primary Guiding Documents • Leasing/Rents and Fees Policies • Minimum Standards • Rules and Regulations • Development Guidelines > Lease/Use/Operating Agreements > Strategic and Business Planning > RFQ/RFP Development and Response (Proposal) Evaluation • Market Assessments and Feasibility Studies > Operational and Financial Assessments • Valuations (Business, Stock, and Asset) > Due Diligence > Land Use, Site Planning, and Facility Programming > Litigation Support and Expert Testimony City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 5 —350— 111 Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS These services are provided with the goal of: > Improving tenant and other stakeholder relations > Enhancing the range, level, and quality of customer products, services, and facilities D Maximizing efficiency, productivity, and safety D Increasing operating cash flow • Attracting and/or retaining quality aviation service providers and customers If desired, more information on the services we provide to airport owners and operators can be provided. B. Aviation Business Owners and Operators We provide the following services to aviation business owners and operators: > Appraisals (in conjunction with Decker Associates — long time teaming partner) • Fee Simple, Leasehold Interest, and Leased Fee D Valuations • Business, Stock, and Asset • Acquisition and Divestiture > Due Diligence • Strategic and Business Planning > Lease/Use/Operating Agreements D Market Assessments and Feasibility Studies > RFP Response Development (Proposal and Presentation) • Operational and Financial Assessments > Marketing and Business Development D Site Planning and Facility Programming D Litigation Support and Expert Testimony These services are provided with the goal of: ➢ Enhancing revenues D Reducing and/or eliminating costs and/or expenses D Improving the quality and delivery of products, services, and facilities • Maximizing efficiency, productivity, and safety D Minimizing risk D Increasing the value of a business If desired, more information on the services we provide to aviation business the owners and operators can be provided. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 6 —351— 111 Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS 4. CLIENTELE Our multi -faceted aviation management consulting services are provided throughout the United States and abroad. Our diverse clientele includes, but is not limited, to the following: > Airports ranging from small general aviation airports to Targe hub primary commercial service airports > Fixed base operators ranging from small (single location) independently owned and operated companies to large (multi -base) international corporations ➢ Aviation businesses ranging from small flight schools to large charter and aircraft management companies > Government entitles including federal, state, local (county and city) agencies ➢ Industry suppliers (focusing on the general aviation industry) > Professional organizations including associations, financial institutions, law firms, and architectural, engineering, and planning firms > Aircraft owners and operators ranging from individuals who own/operate single- engine aircraft to Large corporate flight departments who own/operate a fleet of large turbine -powered aircraft 5. KNOWLEDGE We have an excellent working knowledge of the aviation industry (overall) and the general aviation segment of the Industry (in particular). We are intimately familiar with key federal regulatory measures pertaining to the planning, development, operation, management, and funding of airports and aviation businesses including, but not limited to, the following: > Surplus Property Act of 1944 ➢ Federal Airport Act of 1946 ➢ Federal Aviation Act of 1958 ➢ Q.ivil Rights Act of 1964 > Airport and Airway Development Act of 1970 ➢ Airport & Airway Improvement Act of 1982 ➢ Wendall H. Ford Aviation Investment and Reform Act for the 21st Century (AIR -21) ➢ Vision 100 — Century of Aviation Reauthorization Act ➢ Advisory Circulars (AC) 150/5190-6, Exclusive Rights at Federally Obligated Airports, January 4, 2007 and 150-5190-7, Minimum Standards for Commercial Aeronautical Activities, August 28, 2006 > Order 5190.68, Airport Compliance Manual, September 30, 2009 ➢ Airport (Sponsor) Assurances We are also familiar with many common state and local regulatory measures. We track, monitor, and analyze general aviation data and trends on an ongoing basis including, but not limited to, the following: > General aviation aircraft production (type, dollars, and units: quarterly) ➢ Active general aviation aircraft (type, use, geographic: annually) ➢ Active general aviation aircraft hours flown (type: annually) ➢ General aviation fuel consumption (fuel type and aircraft type: annually) ➢ Active pilots (category and geographic: annually) ➢ Active pilot demographics (certificate type, gender, and age: annually) > Landing Fields (type and geographic: annually) ➢ Fixed base operators (quantity and geographic dispersion: annually) City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 7 —352— Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS We track, monitor, and analyze general aviation information published by key government agencies and industry associations including, but are not limited to, the following: D Federal Aviation Administration D Transportation Security Administration D National Air and Space Administration > General Aviation Manufacturers Association > American Association of Airport Executives > National Air Transportation Association > National Business Aviation Association > Aircraft Owners and Pilots Association > Transportation Research Board (Airport Cooperative Research Program) D National Transportation Safety Board We review all of the major national general aviation publications and many regional and local general aviation publications as well. We have developed and maintain an extensive proprietary database and resource library that contains a wide range of information and data on general aviation including, but not limited to, the following: D Contact information for airports, FBOs, SASOs, associations, government agencies (and officials), aircraft manufacturers, industry suppliers, etc. > FAA registered aircraft and aircraft owners > FAA registered pilots and non -pilots (e.g., mechanics, etc.) > FAA Part 141 flight schools D FAA Part 135 charter operators 6. RESOURCES A. Presentations The principals of the firm regularly give presentations to (and conduct workshops for) diverse audiences on a wide variety of general aViation topics for associations, organizations, and other groups (located throughout the country) who have an interest in general aviation. Topics have included: > Appraisals D Rent and Fee Studies > Primary Guiding Documents (i.e., Leasing/Rents and Fees Policies, Minimum Standards, Rules and Regulations, and Development Guidelines) > Lease/Use/Operating Agreements > Airport (or Sponsor) Assurances > Strategic and Business Planning > Valuations D Due Diligence > Acquisition and Divestiture > General Aviation State of the Industry, Trends, Issues, and Challenges > General Aviation, Airport, FBO, and Customer Issues > General Aviation, Airport, FBO, and Customer Relationships Audiences have consisted of: > Airport owners/sponsors (represented by clty or town council members, county commissioners, and authority board members) and operators (represented by management and staff) > Aviation business owners and operators City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 8 —353— Aviation Management Consulting Group 1 STATEMENT OF QUALIFICATIONS I • Aviation associations (represented by management and staff) D Govemment agencies (represented by management and staff) • Chamber of commerce (represented by board members, management, and staff) D Economic development (represented by board members, management, and staff) D Citizens • Attorneys D Financial institutions D Other professional firms or consultants B. Articles Over the years, the principals of the firm have written articles or they have been interviewed for articles on a wide variety of general aviation topics and/or issues for industry trade publications including: D Primary Guiding Documents (Leasing/Rents and Fees Policy, Minimum Standards, and Rules and Regulations) D Lease/Use/Operating Agreements D Request for Qualifications and Request for Proposals D Valuations D Acquisition and Divestiture D Business Life Cycles C. Memberships AMCG is an active member of, and participates regularly in, the conferences held by national aviation associations and several regional and state aviation associations. Some of AMCG's national aviation association memberships include: D Aircraft Owners and Pilots Association D American Association of Airport Executives Northwest, Southwest, North Central, South Central, Northeast, and Southeast Chapters D National Association of State Aviation Officials • National Air Transportation Association D National Business Aviation Association In addition, the principals of AMCG serve on several aviation association committees including AAAE's General Aviation Committee and National Air Transportation Association's Airports Committee. 7. RELATED EXPERIENCE A. Related Projects Over the last 20 years, members of our team have completed appraisalslrent studies at approximately 50 airports (approximately 75 projects). We provide appraisals/rent studies to airports, aviation businesses, financial institutions, and government agencies. When it comes to conducting appraisals/rent studies, we have been at the forefront (on the leading edge) for well over a decade now. As such, appraisals/rent studies continue to be a core service we provide. 1 1 1.. 1 1 1 1 1 City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 9 —354— IIAviation Management Consulting Group STATEMENT OF QUALIFICATIONS A listing of some of the appraisal and/or rent study projects completed (or in progress) by the project team follows: > Jackson Municipal Airport Authority (Jackson, MS), Jackson -Evers International Airport and Hawkins Field, numerous Appraisals/Rent Studies at both airports > CalAero (Chino, CA), Chino Airport, Rent Study > Cheyenne Regional Airport Board (Cheyenne, WY), Cheyenne -Regional Airport/Jerry Olson Field, Rent Study > Andrew Bettis Aviation (Memphis, TN), Memphis International Airport, Appraisal Review > City of San Antonio (San Antonio, TX), San Antonio International Airport, Appraisal Reviews > City of Manhattan (Manhattan, KS), Manhattan Regional Airport, Rent Study > Ascend Development (Stewart, NY), Stewart International Airport, Appraisal > Auburn University (Auburn, AL), Auburn University Regional Airport, Rent Study, 2008, Meyers and Benner > Aircraft Owners and Pilots Association (Washington, DC), Oceanside Municipal Airport, Appraisal and Metropolitan Airports Commission (Minneapolis -St. Paul, MN) system of general aviation airports (including St. Paul Downtown, Flying Cloud, Anoka County, Crystal, Lake Elmo, and Airlake Airports), Rent Study > Norfolk Airport Authority (Norfolk, VA), Norfolk International Airport, Rent Study > City of Vancouver (Vancouver, WA), Pearson Field, Appraisal/Rent Study «> City of Addison (Addison, TX), Addison Airport, Rent Study • Atlantic Aero (Greensboro, SC), Piedmont -Triad International Airport, Appraisal/Rent Study > City of Hayward (Hayward, CA), Hayward Executive Airport, Rent Studies > Town of Truckee (Truckee, CA), Truckee -Tahoe Airport, Rent Study > Port of Portland (Portland, OR), Portland International Airport, Portland -Hillsboro Airport, and Portland -Troutdale Airport, Appraisal/Rent Study > Cobb County (Kennesaw, GA), McCollum Field, Rent Studies > Louisville Regional Airport Authority (Louisville, KY), Bowman Field, Rent Study > Cities of Wheeling and Prospect Heights (Wheeling, IL), Chicago Executive Airport, Rent Studies > Kent County Department of Aeronautics (Kent County, MI), Gerald R. Ford International Airport, Appraisal/Rent Study > Lancaster County (Lancaster, SC), McWhirter Field, Rent Study > Byerly Aviation (Peoria, IL), Greater Peoria Regional Airport, Rent Study City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 10 —355— 11 Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS • Moody Aviation (Elizabethton, TN), Elizabethton Municipal Airport, Appraisal/Rent Study > Stevens Aviation (Greenville, SC — Dayton, OH — Lexington, KY — Nashville, TN, and Broomfield/Denver, CO), numerous Appraisals/Rent Studies > Cedar Rapids Airport Commission (Cedar Rapids, IA), Eastern Iowa Airport, Rent Study > Chesterfield County (Richmond, VA), Chesterfield County Airport, Rent Study > City of Lynchburg (Lynchburg, VA), Lynchburg Regional Airport, Rent Study > Friedman Memorial Airport Authority (Hailey, ID), Friedman Memorial Airport, numerous Appraisals/Rent Studies > Jefferson County (Broomfield, CO), Denver Metropolitan Airport (formerly Jeffco Airport), numerous Appraisals/Rent Studies > Charlottesville/Albemarle Airport Authority (Charlottesville; VA), Charlottesville/Albemarle Airport, Appraisal/Rent Study > Tri -Cities Regional Airport Authority (Blountville, TN), Tri -Cities Regional Airport, numerous Appraisals/Rent Studies > City of Hayward (Hayward, CA), Hayward Air Terminal, Appraisal/Rent Study > Grannis Field (Fayetteville, NC), Metro Air Center, Appraisal/Rent Study > Springfield -Branson Regional Airport (Springfield, MO), Worldwide Aircraft Services, Appraisal/Rent Study ➢ Van Nuys Airport (Van Nuys, CA), Million Air, Appraisal/Rent Study > Palm Springs Airport (Palm Springs, CAL Million Air, Appraisal/Rent Study, ➢ Memphis International Airport (Memphis, TN), Wilson Air Center, Appraisal/Rent Study If desired, more information on these projects can be provided. B. Related Workshops and Conferences Airport Sponsor Assurances, Leasing Policies, and Minimum Standards Workshop For approximately 10 years, the principals of AMCG have conducted the Airport. Sponsor Assurances, Leasing Policies, and Minimum Standards Workshop (also referred to as the Primary Guiding Documents Workshop) on behalf of the American Association of Airport Executives (AAAE). Often times, representatives of the FM (from Washington, DC, FAA regions, and/or local Airport District Offices) and major aviation industry associations have participated in thls workshop. This dynamic and highly interactive two-day workshop takes a best practices approach to the development, implementation, and enforcement of a number of critical guiding documents including Leasing/Rents and Fees Policies, Minimum Standards, and Rules and Regulations. City of Corpus Chrlsti, Corpus Christi International Airport, Appraisal Services, May 25, 2011 11 —356— IIAviation Management Consulting Group STATEMENT OF QUALIFICATIONS With the Airport (Sponsor or Grant) Assurances and other compliance requirements serving as a foundation, the workshop thoroughly examines each of these key documents (Le., definition, role/purpose, applicability, audience, and major elements) and delves into the intricacies, subtleties, and challenges of the development process. Throughout this workshop, key issues (such as exclusive rights, economic non- discrimination, self -fueling, through -the -fence activities, independent operators) are examined, recent case studies are discussed, relevant real world examples are given, and ample opportunities are provided to Interact with industry experts, colleagues, and peers. By way of this workshop, attendees gain a better (more in depth) understanding of how these documents are interrelated, why these documents are important, what purpose these documents serve, and what elements make up each document. This workshop also examines the many and varied issues and challenges associated with implementing and enforcing these documents. General Aviation Issues Conference Our firm has played an instrumental role (as a marquee sponsor, program/agenda planner, and session moderator/presenter) in the General Aviation Issues Conference since this event's inception. This conference was conceived to address the key issues general aviation is facing (today) and the key challenges general aviation may face (tomorrow). As such, this conference is focused exclusively on general aviation issues and challenges — its prevailing theme. This two-day conference typically begins with a session on the State of the General Aviation Industry (in which representatives of all the major aviation associations typically participate) and concludes with a session on Best Practices (in which representatives from the various segments of the industry — airports, aviation businesses, and consumers — typically participate). Historically, both of these sessions have been lead by a principal of c our firm. The General Aviation Issues Conference provides the opportunity to discuss and debate key issues and challenges, more clearly define industry problems, exchange ideas, and explore potential solutions. In addition, participants are able to network with prominent leaders in the general aviation segment of the industry and government officials. If desired, more information on these events can be provided. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 12 —357— II Aviation Management ConsMang Group STATEMENT OF QUALIFICATIONS 8. TEAM (ORGANIZATION, MANAGEMENT, AND MEMBERS) A. Organizational Chart Paul Meyers Principal In Charge Protect Manager Jeff Kohlman Principal David Benner Research/Project Analyst Bob Decker Appraiser Project Lead Mike Moore Researoh/ProJect Analyst Jim Burbach Appraiser B. Project Management All projects are managed by project managers who are supported by the firm's principals and staff personnel. Project managers are assigned by matching the scope of work with the individual's areas of expertise (background, experience, and capabilities). The diverse background, experience, and capabilities of the firm's principals and staff provides AMCG with a great degree of flexibility while also providing the client with the assurance that the right people are assigned to (and will be available to complete) the project. Project managers develop and maintain the project schedule, assign all tasks, monitor progress (to ensure that the work plan is being followed, the schedule is being maintained, and the scope of work is being accomplished), manage all resources, commit additional staffing and/or resources (as needed), and review all deliverables. All work products will be developed under the direction and/or supervision of the project manager and reviewed by a principal of the firm to ensure that the scope of work has been fully addressed (Le., that the project objectives have been met) and that the firm's quality standards (and the clients expectations) have been met. In addition, all costs and expenses will be reviewed by the project manager and approved by a principal of the firm. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 13 —358— III Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS C. Project Team 1. Project Manager and Lead Paul Meyers (Principal in Charge of Aviation Management Consulting Group) will serve as project manager and point -of -contact. In addition to reviewing the work product (in collaboration with the project team), he will oversee, coordinate, and manage all the rent study -related aspects of the project. Robert (Bob) Decker (Principal of Decker Associates and MAI) will serve as project lead. In addition to drafting, revising, and finalizing the work product (in collaboration with the project team), he will oversee, coordinate, and manage the appraisal -related aspects of the project. As indicated in the references provided in this submittal, Paul Meyers and Bob Decker have extensive experience with projects having the same or similar scope of work (appraisal and/or rent study). Both individuals have extensive experience organizing and managing project teams and they have served (and/or are currently serving) as ptoject managers or leads on a number of projects that had (or have) the same or similar scope of work (appraisal and/or rent study). 2. Team Members In addition to Paul and Bob, the project team will be comprised of Jeff Kohlman (Principal, AMCG), David Benner (Research/Project Analyst, AMCG), Mike Moore (Research/Project Analyst, AMCG), and Jim Burbach (Appraiser, Burbach & Associates). Jeff will be available to participate in strategy sessions and/or other related project functions as well as draft, review, and/or edit work products (or portions thereof). David will draft, revise, and finalize work products and participate In strategy sessions, field (on-site) visits, and/or perform other related project functions. In addition, David will be responsible for the compilation and analysis of information and data (and research functions). Mike will draft, revise, and finalize work products and participate in strategy sessions, and/or perform other related project functions. Jim will provide local market expertise including evaluating local conditions and ascertaining potential impacts on airport property values. The project team has extensive experience with (and over the years, the project team has successfully completed a number of) projects that have had the same or similar elements. The project team is very familiar with Texas market having completed a number of projects for airports and aviation business clients at airports located throughout the state. As a result, the project team is ideally suited for this project and the City/Department can expect that the project team will deliver high quality work products that will serve the City/Department well (into the future) and that this project will be completed on time and on budget. A brief resume for each member of the project team follows. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 14 —359— Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS Paul A. Meyers Principal in Charge i Paul is a founding principal of Aviation Management Consulting Group. He has approximately 30 years of aviation, operations, management, customer service, and leadership experience. Paul has an undergraduate degree in business/aviation administration and a certificate in transportation from California State University at Los Angeles. He is an instrument rated private pilot and aircraft owner. Paul's airport and aviation business expertise (and project work and project management responsibilities) includes, but is not limited to, the following: ➢ Appraisals > Rent and Fee Studies ➢ Primary Guiding Documents (Leasing/Rents and Fees Policy, Minimum Standards, Rules and lj Regulations, and Development Guidelines) ➢ Lease/Use/Operating Agreements ➢ Strategic and Business Planning ➢ RFQ/RFP Development and Response (Proposal) Evaluations > Market Assessments and Feasibility Studies > Operational and Financial Assessments ➢ Valuations ➢ Acquisition and Divestiture ➢ Due Diligence ➢ Land Use and Site Planning ➢ Facility Programming > RFQ/RFP Response Development (Proposals and Presentations) ➢ Marketing and Business Development ➢ Litigation Support and Expert Testimony If desired, more information on Paul's background, qualifications, and experience can be provided. Jeff A. Kohlman Principal Jeff is a founding principal of Aviation Management Consulting Group. He has I approximately 25 years of general aviation operations, management, and customer service experience. Jeff has an undergraduate degree in Aviation Business Administration with an emphasis in accounting and finance from Embry -Riddle Aeronautical University. Jeff Is an instrument rated private pilot and aircraft owner. Jeff's airport and aviation business expertise (and project work and project management responsibilities) includes, but is not limited to, the following: ➢ Appraisals > Rent and Fee Studies > Primary Guiding Documents (Leasing/Rents and Fees Policy, Minimum Standards, Rules and Regulations, and Development Guidelines) > Lease/Use/Operating Agreements > Strategic and Business Planning > RFQIRFP Development and Response (Proposal) Evaluations City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 15 —360— Aviation Management Corrsulting Group STATEMENT OF QUALIFICATIONS ➢ Market Assessments and Feasibility Studies ➢ Operational and Financial Assessments 9 Valuations 9 Acquisition and Divestiture ➢ Due Diligence > Land Use and Site Planning ➢ Facility Programming ➢ RFQ/RFP Response Development (Proposals and Presentations) > Marketing and Business Development ➢ Litigation Support and Expert Testimony If desired, more information on Jeff's background, qualifications, and experience can be provided. David C. Benner Research/Project Analyst David has approximately 10 years of aviation, operations, management, and customer service experience. David has a Bachelor of Science degree in Business Administration from Bethel College and a Master of Business Administration degree in Aviation with a concentration In Airport Management from Embry -Riddle Aeronautical University. He has a commercial pilot license with instrument and multi -engine ratings and he is a Certified Flight Instructor. David's airport and aviation business expertise (and project work and project management responsibilities) includes, but is not limited to, the following: ➢ Appraisals ➢ Rent and Fee Studies ➢ Primary Guiding Documents (Leasing/Rents and Fees Policy, Minimum Standards, Rules and Regulations, and Development Guidelines) ➢ Lease/Use/Operating Agreements ➢ Strategic and Business Planning ➢ RFQ/RFP Development and Response (Proposal) Evaluations ➢ Market Assessments and Feasibility Studies ➢ Operational and Financial Assessments ➢ Valuations 9 Due Diligence ➢ RFQ/RFP Response Development (Proposals) If desired, more information on David's background, qualifications, and experience can be provided. Mike S. Moore Research/Project Analyst Mike has approximately 30 years of aviation experience including airport operations, airfield maintenance, Part 135 commercial and airborne emergency medical operations, business operations, and customer service. Mike has a Bachelor of Science degree in Aviation Technology and Airport Management certification from Metropolitan State College of Denver. He is a Certified Member of American Association of Airport Executives (AME), has a Commercial pilot's license with Instrument -Helicopter -ratings, and is a Certified Flight Instructor with more than 4,000 hours. City of Corpus Christi, Corpus Christi international Airport, Appraisal Services May 25, 2011 16 —361— 111 Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS Mike's airport and aviation business expertise (and project work and project management responsibilities) includes, but is not limited to, the following: ➢ Appraisals ➢ Rent Studies > Primary Guiding Documents (Leasing/Rents and Fees Policy, Minimum Standards, and Rules and Regulations) ➢ RFQ/RFP Response Development (Proposals) If desired, more information on Mike's background, qualifications, and experience can be provided Robert D. Decker, MAI Principal, Decker Associates (long time teaming partner) Robert (Bob) Decker (MAI and principal of Decker Associates) has approximately 35 years of commercial appraisal and consulting experience including a wide variety of aviation assignments encompassing the valuation of airport land and improvements (both leasehold interest and leased fee estate). In addition, Bob has completed a number of rent studies involving airport (and aviation -related) properties. Bob has an undergraduate degree in Business Administration from Colorado State University in Ft. Collins, Colorado. In addition, he has completed the following Appraisal Institute Courses: Capitalization Theory and Techniques IA and IB, Case Studies in Real Estate Valuation II, Investment Analysis VI, and Litigation Valuation, Standards of Professional Practice and numerous appraisal seminars. Bob is a Certified General Appraiser in the state of Colorado and has performed appraisal assignments in thirteen other states. Bob's airport expertise (and project work and project management responsibilities) includes, but is not limited to, the following: A. Appraisals ➢ Rent Studies Bob's commercial expertise includes, but is not limited to, the following: ➢ Sale/Purchase ➢ Financing A Estate Tax A Strategic and Business Planning ➢ Condemnation ➢ Market Assessments ➢ Feasibility Studies In addition, Bob has testified in (appeared before) the U.S. Bankruptcy Courts, and for the State Board of Assessment Appeals. If desired, more information on Bob's background, qualifications, and provided. Court, U.S. District experience can be City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 17 —3 6 2- 1 IIAviation Management Consulting Group STATEMENT OF QUALIFICATIONS Decker Associates By way of background, Decker Associates specializes in real property appraisal and consulting services. The firm's projects have involved the following types of real property: > Land (mixed use planned unit developments or PUDs, right-of-way acquisition, subdivisions, vacant unplatted, agricultural, and airport) > Residential (apartment and condominium developments) > Industrial (storage/distribution warehouses, mini -warehouses, parking garages, showrooms, manufacturing/engineering, and research/development) > Office (general and medical office buildings, bank buildings, government buildings, and airport) > Retail (regional shopping centers, neighborhood shopping centers, specialty shopping centers, convenience stores, discount stores, and restaurants) • Special Purpose (churches, hotels/motels, and airports) The firm's clientele includes airport owners/operators, fixed base operators/specialized aviation service businesses, business organizations, governmental entities, banks, savings and loan institutions, public utilities, public accounting firms, attorneys,estates, trusts, developers, investors, and individuals. If desired, more information on Decker Associates can be provided. James R. Burbach, MAI President, Burbach & Associates James (Jim) Burbach (MAI and President of Burbach & Associates) has approximately 35 years of appraisal and consulting experience including: appraisal and investment analysis of residential PUDs; absorption studies for residential demand projections; pricing recommendations for proposed office, industrial, and residential PUDs; and, the valuation of office buildings, multi -family projects, regional malls, hotel/motels, industrial properties, and major land assemblages. Jim has an undergraduate degree in Finance from the University of Wisconsin in Whitewater, Wisconsin and a graduate degree in Real Estate Appraisal and Investment Analysis from the University of Wisconsin in Madison, Wisconsin. Jim is a Certified General Appraiser in the state of Texas. Jim's expertise includes, but is not limited to, the following: • Sale/Purchase > Financing > Estate Tax > Strategic and Business Planning ➢ Condemnation D Market Assessments > Feasibility Studies > Litigation Support In addition, Jim has testified in (appeared before) Federal bankruptcy court and various county courts in multiple states. If desired, more information on Jim's background, qualifications, and experience can be provided. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 15 —363— Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS Burbach & Associates By way of background, Burbach & Associates specializes in real property appraisal and consulting services. The firm's projects have involved the following types of real property: > Land (mixed use PUDs, right-of-way acquisition, subdivisions, vacant unpiatted, and agricultural) > Residential (apartment and condominium developments) > Industrial (storage/distribution warehouses, mini -warehouses, parking garages, showrooms, manufacturing/engineering, and research/development) > Office (general and medical office buildings, bank buildings, and government buildings) > Retail (regional shopping centers, neighborhood shopping centers, specialty shopping centers, convenience stores, discount stores and restaurants) > Special Purpose (churches, motels, and hotels) The firm's clientele includes business organizations, governmental entities, banks, savings and loan institutions, public utilities, public accounting firms, attorneys, estates, trusts, developers, investors, and individuals. If desired, more information on Burbach & Associates can be provided. It is significant to note that Bob Decker has known Jim Burbach for approximately 15 years and Bob and Jim were partners for 5 years when Jim lived in Denver. 9. REFERENCES We believe that the achievement of a successful result is the most reliable indicator of our capabilities and is truly reflective of our commitment to provide only the highest quality services, products, and resources possible. Our clients can attest to our ability to understand and meet expectations, deliver products and services that fully accomplish the scope of work, keep them informed throughout the project, and complete projects on time and within budget. The City/Department can be assured that the project team is fully committed to achieving these objectives. Within this context, we have provided a selection of client references and project abstracts in the body of this submittal for the City's/Department's consideration. Additional client references and project abstracts are available upon request. As such, the City/Department is encouraged to contact the firm's references to verify past performance, personal and professional integrity, and commitment to 100% client satisfaction. A list of AMCG's references (for related projects) follows: City of Corpus Christi, Corpus Christi International Airport, Appraisal Services May 25, 2011 19 —364- 11 Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS Jackson Municipal Airport Authority Mr. Dirk B. Vanderleest Chief Executive Officer P.O. Box 98109 Jackson, Mississippi 39298-8109 Phone: (601) 664-3500 ext. 500 E -Mail: dvanderfeesttrDimaa.com Projects: Appraisals/Rent Studies, Primary Guiding Documents, Strategic/Business Planning/Analysis, Request for Proposal, and Professional Consulting/Advisory Services Project Manager: Paul Meyers Chicago Executive Airport Mr. Dennis G. Rouleau Airport Manager 1020 South Plant Road Wheeling, Illinois 60090 Phone: (847) 537-2580 ext. 114 E -Mail: drouleau(c)chiexec.com Projects: Appraisals/Rent Studies, Primary Guiding Documents; Strateg ic/Business Planning/Analysis, Request for Proposal, and Professional Consulting/Advisory Services Project Manager: Jeff Kohlman Port of Portland Mr. Matthew J. Hoffman Market Development Manager 7000 NE Airport Way Portland, Oregon 97208 Phone: (503) 460-4351 E -Mail: matt.hoffman aC7.portofocrtland.com Projects: Appraisal/Rent Study, Primary Guiding Documents, and Professional Consulting/Advisory Services Project Manager: Paul Meyers Auburn University Mr. William Hutto, Jr. Airport Director 700 Airport Road Auburn, Alabama 36830 Phone: (334) 844-4606 E -Mail: huttowt auburn.edu Projects: Rent Study, Primary Guiding Documents, Strategic/Business Planning/Analysis, and Professional Consulting/Advisory Services Project Manager. Jeff Kohlman Norfolk Airport Authority Mr. Wayne Shank Executive Director 2200 Norview Avenue Norfolk, Virginia 23518-5807 Phone: (757) 851-3351 E -Mail: wshankC norfolkairport.com Projects: Rent Study, Strategic Analysis, Market Assessment/Feasibility Study, Minimum Standards, Request for Proposal, and Professional Consulting/Advisory Services Project Manager: Paul Meyers Additional references can be provided. Also, if desired, the firm will be pleased to provide additional detail for each of the projects identified. City of Corpus Christl, Corpus Christi International Airport, Appraisal Services, May 25, 2011 20 -365- II Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS A list of DA's references follows: Mr. Steve Snyder Senior Vice President Citywide Banks 6500 E. Hampden Avenue Denver, Colorado 80224 Phone: (303) 365-3795 E -Mail: snvderaecitvwldebanks.com Projects: Variety of assignments including office, retail, industrial, and special purposes including restaurants and churches. Purposes were to help facilitate a new loan. Mr. Mark Figley, MAI Senior Appraisal Officer Key Bank 1675 Broadway, Suite 400 Denver, Colorado 80202 Phone: (720) 904-4408 E -Mail: mark t fioleyt kevbank,com Projects: Wide variety of office, retail, and industrial properties of various ages and sizes, both multi -tenant and single tenant. Special purpose properties including greenhouses and churches. Purposes were for loan facilitation. Mr. John York Appraisal Officer Key Bank — National Real Estate Group 4910 Tiedeman Road OH -01-51-0636 Brooklyn, Ohio 44144 Phone: (216) 813-4983 E -Mail: john york(a kevbank.com Projects: Appraised single tenant offices, retail, and industrial properties mainly older. Special purpose properties including vet clinics and restaurants. Purposes included acquisitions, disposition, and loan facilitation. Mr. John Robbins Senior Vice President Colorado Community Banks 20991 E. Smoky Hill Road Centennial, Colorado 80015 Phone: (303) 693-7009 E -Mail: jrobbins.Qi2m9acoloradocommunitvbank.com Projects: Appraised larger (100,000 to 200,000 square foot) multi -tenant office buildings (mainly newer) to help facilitate acquisition and renovation. Mr. John Weston Weston Enterprises Realty, Inc. 855 S. Newcombe Way Denver, Colorado 80226 Phone: (303)-985-8011 E -Mall: john(a)westonenterorisesrealtv.com Projects: Appraised office buildings, Industrial properties and churches. The office buildings have ranged from 20,000 to 80,000 square feet while the industrial buildings have ranged from 25,000 to 150,000 square feet. Purposes were for loan facilitation. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 21 —366- IIAviation Management Consulting Group STATEMENT OF QUALIFICATIONS Mr. Bruce Diller, MAI Chief Appraiser Evangelical Christian Credit Union 955 West Imperial Highway Brea, California 92822 Phone: (714) 671-5700 E -Mail: bruce.diller aOeccu.orq Projects: Appraised existing and proposed churches for this group. One of the unique assignments was the Colorado Christian University Campus in Lakewood, Colorado that included 24 buildings on 23 acres of land in an urban setting. Purposes were all for loan facilitation. Additional references (and additional detail) can be provided for DA. Also, if desired, references can be provided for Burbach & Associates. 10. PROJECT A. Background A brief synopsis of the project background follows: > The Airport is owned by the City and operated by the Department. > The Airport, which is located 5 miles west of the City (downtown), is classified in the FAA National Plan of Integrated Airport Systems (NPIAS) as a Small Hub Primary Commercial Service Airport. The Airport is currently served by three airlines (Southwest, Continental Express, and American Eagle). > The Airport, which consists of approximately 2,457 acres, has two runways (Runway 13/31 which is 7,508 feet long and 150 feet wide grooved asphalt in good condition and Runway 17/35 which is 6,080 feet long and 150 feet wide grooved asphalt in good condition), an FM control tower, and is served by multiple precision and non -precision approaches (ILS, LOC, RNAV-GPS, RNAV- RNP, VOR, and TACAN). > There two FBOs (Signature Flight Support and Atlantic Aviation) and one SASO (Skyview Aviation) located at the Airport. > The Airport is home to 79 aircraft (36 single-engine, 37 multi -engine, 5 jet, and 1 helicopter) and the Airport hosted approximately 109,830 aircraft operations last year (4,884 air carrier, 18,979 air taxi, 62,647 military, and 23,320 general aviation operations). > The City is seeking a highly qualified, experienced, knowledgeable, and professional firm(s) to provide appraisal and/or rent study services. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 22 —367— 2 Auiatlon Management Consulting Group STATEMENT OF QUALIFICATIONS S. Scope of Work 3. Appraisal — Airport Property An appraisal is used to determine the market "value" of a property (land and/or Improvements). Typically, an appraisal is performed when a "value" is required to facilitate the sale, acquisition, or financing of a property. In some cases, a "value" may be used (or may be required by a lease, use, or operating agreement) to calculate a rental rate for a property. As such, we can conduct an appraisal (for the City/Department) to determine the market "value" of the land and improvements identified in the RFC) (hereinafter referred to as the "subject properties"). To achieve this objective, we will consider three fundamental approaches to "value": cost, sales comparison, and income. We will provide an explanation of the benefits, the detriments (or drawbacks), and/or the limitations of each approach. We will use the approach(s) that is (are) most appropriate for the subject properties. If an approach is not used, we will provide an explanation (as to why it was not used). A discussion of each of the three fundamental approaches to "value" follows: Cost Approach This approach considers the current cost of replacing facilities and site improvements less depreciation plus the market "value" of the land (assumed vacant). Since airport -based properties are typically encumbered by a land lease, leasehold "value" needs to be properly analyzed. In addition, when appraising airport -based properties (that are being used for aeronautical purposes), while surrounding (off -airport) land values may be considered, such values are not heavily weighted since there are significant differences between off -airport and on - airport properties and aeronautical and non -aeronautical use. Sale Comparison This approach involves direct comparisons of similar properties that have sold in the same or similar markets. The data from comparable sales is analyzed and adjusted for differences that are considered significant. The adjusted sales are then weighted to provide an indication of "value". It is important to note that most airport -based businesses occupy leased property and that the sale of an airport -based business typically reflects the transfer of leasehold interest and going -concern. Therefore, when valuing such a property, it is difficult to separate (or allocate) real estate and business "value". As such, this approach is not typically utilized when valuing airport -based properties (that are being used for commercial aeronautical purposes). It can, however, be used when valuing airport -based properties that are being used for non-commercial aeronautical purposes. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 23 —368— III Aviation Management Consulting G roup STATEMENT OF QUALIFICATIONS Income Approach This approach is based upon an estimate of the property's net income potential. Under the income approach, market "value" is derived by measuring the present worth of anticipated future benefits derived from property ownership. There are two methodologies which are typically utilized to determine market "value" using the income approach: direct capitalization technique and discounted cash flow. The direct capitalization approach is most appropriate for airport -based properties. Under this approach, net income is capitalized at an overall rate of return to arrive at an indication of market "value". To achieve this objective, we analyze rental rates (on a comparable basis) for similar aeronautical land and improvements at similar or comparable airports (and rental rates at national and regional airports) to derive an appropriate market based and supported income stream for each component of the subject properties (i.e., the buildings, hangars, offices, aprons, parking lots, tiedowns, fuel storage improvements, the undeveloped land identified in the RFQ). If fees are being charged in lieu of "rent', we take that into account in our analysis as well. The selection of comparable airports and the assimilation and analysis of data for similar land (including, but not limited to, the type, use, and attributes) at those airports is essential to the appraisal process. We have developed and maintain an extensive database of airports (and aviation leaseholds) located throughout the United States specifically for this purpose. a. Identification and Selection of Comparable Airports (Criteria) We wilt consider a number of variables when identifying and selecting comparable airports, including, but not limited to, the following: c • Infrastructure (number, configuration, and capacity of runways and taxiways) > Approaches (precision versus non -precision) > Presence or absence of control tower > Number and type of aviation businesses located at the airport (including the number of fuel providers) > Amount of land that is available for aviation development (and related land use considerations) > Type of market • Number and type of airports in the market > Activity levels (based aircraft, aircraft operations, and fuel volumes). b. Consideration of Regional and National Airport (Leasehold) Data As a supplement to the comparable airport data, land values and rental rates being charged at airports within the FAA Region (in this case, the Southwest Region) as well as those being charged at airports throughout the United States — as maintained within our proprietary database — will be considered. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 24 —369— IIAviation Management Consulting Group STATEMENT OF QUALIFICATIONS c. Identification and Selection of Similar Properties (Criteria) We will consider the following factors when identifying and selecting similar aeronautical properties at comparable airports including, but not limited to: > Usa (aeronautical versus non -aeronautical and commercial versus non-commercial) > Size (usable versus unusable) > Location and (landside and airside) access (to/from the subject properties, infrastructure, and utilities) > Lease terms and conditions > Type, quality, and condition, and functional utility or limitations of land (this includes, but Is not necessarily limited to, any restrictions on the development of the land, the availability of utilities, and the ability of the land to support the aircraft that normally frequent the subject airport). Those properties (components) considered most similar to the subject properties (components) will be used to derive market "value" for the subject properties (components). Under some circumstances, the land values and rental rates being charged for similar aeronautical properties at competitive airports may be considered as well (as appropriate). d. Marketplace Considerations General market conditions, trends, and demographics will be considered as well (as appropriate). Other factors such as amenities and proximity (thereto) will be considered as well (as appropriate). e. Other Considerations With exception of those properties that do "not" have access to the airport, we will assume that the highest and best use of the subject properties is aviation related (aeronautical use), that the subject properties will continue to be part of an operating airport, and that access to the infrastructure and amenities of the Airport will continue to be available. f Determining Market Value Based upon an analysis of the data compiled, we will derive the market based and supported"value" for the subject properties. A written report (full or summary, as desired by the City/Department) and an electronic copy (digital version) of the written report will be provided to the City/Department as the final work product (deliverable). A budget and schedule have been provided for the full and the summary report. In a full (or self-contained) report, the physical description and economic characteristics are more detailed, the description of the information analyzed is more detailed and more thoroughly explained, the use of the property and market discussions are more thorough and detailed, the highest and best use is described with more support and rationale provided, and the analyses and conclusions have more narrative discussion. In a summary report, the physical description and economic characteristics are summarized (without the level of detail provided in a full or self contained report), the scope of work is summarized, and the approaches to "value" and market information are summarized. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 25 —370— IIAviation Management Consulting Group a STATEMENT OF QUALIFICATIONS It is important to note that the type of report has no impact on the analysis and conclusions. The analysis and conclusions will be the same, but the narrative will be more extensive in the full or self-contained report and summarized in the summary report. The appraisal will be performed in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) by an MAI appraiser. As indicated in the MAI certificate provided as part of Attachment A to this submittal, Bob Decker has been an MAI since 1981. We understand that the appraisal will be used to establish market "value" for the subject properties (by component) and that the intended user of the appraisal will be the City/Department. As such, in conducting the appraisal, consideration will be given to applicable parts of the Code of Federal Regulations (CFR) and FAA Order 5190.6B (Airport Compliance Handbook). 4. Rent Study — Airport Property The rent study is a streamlined approach that is used to determine market "rent" for airport properties (land and/or improvements) that are being used for general aviation purposes without conducting an appraisal. This approach is consistent with the FAA's policy which gives airport sponsors the flexibility to establish market "rents" for airport properties (being used for general aviation purposes) using any reasonable method. To achieve this objective, we analyze rental rates (on a comparative basis) for similar aeronautical land and improvements at similar or comparable airports (and rental rates at national and regional airports) to derive an appropriate market based and supported "rent" for each component of the subject properties. With regard to the selection of comparable airports and the assimilation and analysis of data for similar land and improvements (including, but not limited to, the type of use and attributes), generally, we will use the same approach which is outlined under A. Appraisal — Airport Property, under Income Approach (Items a. Identification and Selection of Comparable Airports (Criteria) through e. Other Considerations). Based upon an analysis of the data compiled, we will derive a market based and supported "rent" for each component of the subject properties. A written summary report and an electronic copy (digital version) of the summary report will be provided to the City/Department as the final work product. Unless otherwise noted, market "rents" will be conveyed in the summary report on a "per square foot per year" and a "triple net" basis for each component of the subject properties. As part of this process, we will evaluate the recommended market "rents" for reasonableness to ensure compliance with federal requirements. City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 26 —371— 111 Aviation Management Consulting Group STATEMENT OF QUALIFICATIONS C. Work Plan (Approach) To accomplish the scope of work, we envision the following work plan (approach): 1. Compile information, data, and documentation on the community, the marketplace, the Airport, the operators (FBOs and SASOs), and the tenants (non-commercial) located at the Airport. 2. Review and analyze the information, data, and documentation provided/obtained and conduct internal research. 3. Conduct field visit to include a project "kick-off° meeting with Airport management and a tour of the Airport and the subject properties. While on-site, we will review the location of the subject properties (and access to them) and work with Airport management to verify/confirm (as necessary) the type, use, and attributes of the subject properties. 4. Review and analyze additional information, data, and documentation provided/obtained and conduct additional research. 5 Develop a profile of the Airport using information/data provided/obtained on the community, the marketplace, the Airport, the operators, and the tenants located at the Airport). 6. Identify comparable and competitive airports using the Airport profile. 7. Provide the preliminary list of comparable and competitive airports to Airport management for review. 8. Identify regional airports. 9. Obtain and/or validate relevant data from comparable, competitive, regional, and national airports using AMCG's proprietary database, reference library, and/or directly from the airports identified. 10. Analyze the information/data obtained on a comparative basis. 11. Derive the market value of the subject properties. 12. Develop a draft summary report conveying the market value of the subject properties. 13. Provide the draft summary report to Airport management for review. 14. Conduct a telephonic working session with Airport management to review the draft summary report. 15. Finalize the draft summary report. 16. Provide the final summary report to Airport management. 17. Present the final summary report to the City (optional: not included in the budget). City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 27 —372— IIAviation Management Consulting Group STATEMENT OF QUALIFICATIONS D. Budget The City/Department can be assured that we will provide high quality, comprehensive, and fully responsive services and work products (deliverables) at a fair price. Within this context, based upon the scope of work for each option (outlined herein), the work products (deliverables) for each option (identified herein), our understanding of the current situation, and our experience with similar projects, it is anticipated that we can complete the project for the budget conveyed (for each option) in the following table: • Option . Description . Fee .. 1 Conduct appraisal and provide a "full" report $59,500 2 Conduct appraisal and provide a "summary" report $49,500 3 Conduct a rent study and provide a "summary" report $39,500 Other Provide other professional advisory/consulting services (as needed) Hourly (Fee Schedule) The budget includes one field visit (2 persons for 2 days each or a maximum of a total of 4 person days on-site). As such, an expense allocation of $2,500 has been included in the budget to cover incidental (direct project related) expenses. Any expenses incurred by the project team in excess of this amount (the expense allocation) would be passed through to the City/Department (at cost without mark-up). In addition, if desired by (at the option of) the City/Department, we will present the final summary report to the City. The fee and expenses associated with preparing and making a presentation to the City is not included in the budget. Other professional consulting/advisory services would be provided on an as needed basis in accordance with the firm's hourly fee schedule which currently ranges (and will continue to be effective through September 30, 2011) from $60 to $260 per hour depending upon the work being performed and by whom. In addition, database and/or library access and/or use fees may apply (if required to provide the professional consulting/ advisory services requested by City/Department). E. Timing/Schedule Notwithstanding circumstances beyond our control and based upon our current workload and known commitments, It is anticipated that we can complete the project in accordance with the following schedule: Optrort Description Schedule (Range) ; ..,::. :From Tq , 1 Conduct an appraisal and provide a "full" report 12 14 2 Conduct an appraisal and provide a "summary" report 10 12 3 Conduct a rent study and provide a "summary' report 8 10 Other Provide other professional advisory/consulting services (as needed) On -Going (As Needed) City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 28 —373— siAviation Management Consulting Group STATEMENT OF QUALIFICATIONS With regard to Option 3, it is anticipated that we can: > Begin the compilation process (i.e., provide an information, data, and documentation request) upon receiving notification to proceed (i.e., a signed project authorization) from City/Department (say by close of business on June 6, 2011), > Fully initialize the project within one week of that time (say by close of business on June 13, 2011), > Conduct the field visit within one week of that time (say by close of business on June 20, 2011), and > Provide the first draft of the deliverable within 6 weeks to 8 weeks of that time (say by the close of business between August 1, 2011 and August 15, 2011). Prior to accepting an engagement, our current workload and known commitments are reviewed and evaluated by the principals of the firm to ensure that the scope of work (and related work products) can be completed (and delivered) on time. During this review, priority is given to existing contracts and prior commitments. F. Other Considerations The budget (and completion of the scope of work in accordance with the schedule) are dependent upon the: (1) work plan, (2) the work product (deliverable), (3) the quality, composition, and timeliness of the information, data, and documentation provided to and/or obtained by us, (4) the time required to obtain, confirm, and/or verify additional and/or other information, data, and documentation that may be required to complete the scope of work and/or prepare the work product (deliverable), (5) the time required by City/Department (or others) to respond to requests for information, review draft work products (deliverables), and/or provide comments/input, and (6) the level of cooperation of (exhibited by) the ownership and/or management of the existing operators, tenants, or other lessees associated with the subject properties. In addition, the fee and schedule are valid through June 20, 2011 and subject to change thereafter. AMCG does not carry Professional Liability insurance as the firm provides "advisory services" only and this coverage has not been deemed necessary in the past. However, if this insurance coverage is required by the City/Department, AMCG can obtain this coverage at an additional cost. DA carries Professional Liability insurance as indicated in the certificate provided as part of Attachment A to this submittal. 1 1 City of Corpus Christi, Corpus Christi International Airport, Appraisal Services, May 25, 2011 29 —374- 28 City of Corpus Chnsti AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 7, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Foster Crowell, P. E., Director of Wastewater Services foster@cctexas.com (361) 826-1801 Approval of Construction Change Order No. 2: Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook (Project No. 6489) and Kostoryz Road Improvements, Phase 2 from Sunnybrook to SPID (Project No. 6490) PURPOSE: Motion authorizing the City Manager, or designee, to execute Change Order No. 2 with Texas Sterling Construction Company of Houston, Texas in the amount of $216,100.85 for the Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook. (Bond Issue 2008) BACKGROUND AND FINDINGS: The proposed project was approved on November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 1 Street Improvements. This project is under construction and the contractor is Texas Sterling Construction Company. The construction contract was awarded by City Council on January 25, 2011. Phase 1 (Base Bid) consists of the removal and reconstruction of Kostoryz Road from Sunnybrook Road to Brawner Parkway with a rigid (concrete) pavement. The scope of work includes the demolition of the existing four lane roadway and reconstruction as a five lane section, consisting of two travel lanes in each direction with a continuous left turn lane. The reconstruction also includes the removal and replacement of the storm water conveyance system; construction of a retention/detention facility in the Brawner Parkway median; upgrades to existing water lines; and upgrades to the wastewater system; together with all appurtenances in accordance with the plans, specifications and contract documents. Phase 2 (Additive Alternate) consists of the removal and reconstruction of Kostoryz Road from Sunnybrook Road to S.P.I.D. with a rigid (concrete) pavement option. The scope of work includes the demolition of the existing four lane roadway and reconstruction as a four lane with a continuous left turn lane. The reconstruction includes improvement of underground storm water conveyance system; upgrades to existing water lines; upgrades to the wastewater system; together with all appurtenances in accordance with the plans, specifications and contract documents. The proposed pavement section for Kostoryz consists of a 7 -inch reinforce concrete rigid pavement over 1 -inch HMAC type D pavement over the cement stabilized rework of the existing 5 -inch H:\HOME\VELMAP\GENISTREET64B9 KOSTORVZ PHASE 11CONSTRUCTION\CHANG RDER NO. 2\2AGENDA MEMORANDUM DOCX Page 2 of 3 caliche sub -base. However upon removal of the existing road pavement it has been discovered that the existing base material is not uniform throughout the road section. In some areas the base material is much less than anticipated or non-existent altogether. This change order is necessary to bring in additional new base material to complete the design pavement section in those areas as needed. ALTERNATIVES: 1) Proceed as is with some areas having less base material than designed. This will shorten the design life of the roadway and is not desirable. 2) Increase the roadway concrete pavement thickness in those areas where base material is deficient but this is more costly than bringing in additional new base material. 3) Bring in the additional new base material as needed to meet the proposed and pavement design requirements. OTHER CONSIDERATIONS: The additional cost for this change order is within the construction contingency amount of the Project Budget. FINANCIAL IMPACT: o Not Applicable o Operating Expense Comments: RECOMMENDATION: City staff recommends that Change Order No. 2 be awarded to Texas Sterling Construction Company of Houston, Texas in the amount of $216,100.85 for Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. H:IHOME\VELMAP\GENISTREET16469 KOSTORYZ PHASE 11CONSTRUCTION\CHANGE IDE§ NO. 2\2AGENDA MEMORANDUM.DOCX Prior Year (CIP Only) Current Year Future Years TOTALS FISCAL YEAR: 2010-2011 Budget $1,019,500.00 $4,716,100.00 $3,814,300.00 $9,549,900.00 Encumbered/Expended Mit. as of July 7, 2011 (1,019,500.00) (4,716,100.00) (2,020,099.00) (7,755,699.00) This item (216,100.85) (216,100.85) BALANCE 0.00 0.00 1,578,100.15 1,578,100.15 FUND(S): Street, Wastewater Comments: RECOMMENDATION: City staff recommends that Change Order No. 2 be awarded to Texas Sterling Construction Company of Houston, Texas in the amount of $216,100.85 for Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook and Phase 2 from Sunnybrook to SPID. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; Bond Issue 2008; FY 2011-12 Capital Budget. EMERGENCY / NON -EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. H:IHOME\VELMAP\GENISTREET16469 KOSTORYZ PHASE 11CONSTRUCTION\CHANGE IDE§ NO. 2\2AGENDA MEMORANDUM.DOCX Page 3 of3 LIST OF SUPPORTING DOCUMENTS: Change Order No. 2 Project Budget Location Map CC: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager H:\HOMEIVELMAP\GEN\STREET164S9 KOSTORYZ PHASE 1\CONSTRUCTION CHANGE ORDER NO. 2\2AGENDA MEMORANDUM.DOCX CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANCE ORDER NO: 2 FUNDING SOURCE: Bond Issue 2008 CONTRACT TIME: 1,177 C.D. Operating Department: Engineering Services DATE: 23 -May -11 /' C1O Name of Project: Kostoryz Road Improvements, Phase 1 from Home to Sunnybrook Road with Brawner Off -Site Drainage " (/ G 46 I Contractor: Texas Sterling Construction Co. CHANGE ADD DEDUCT .Add the following to the contract: See Attached Why was this change necessary? (If left off the plans and specifications, explain why?) See Attached How can similar changes be avoided in the future? See Attached A. CONTRACT PRICE $10,244,299.50 I B. TOTAL CHANGE ORDER (inc. current) C. NEW CONTRACT PRICE D. THIS CHANGE ORDER E. PERCENT TOTAL CHANGE (B/A) 2,00°70-2./.16a1F. PREVIOUS TIME AUTHORIZED 1,177 C.D. %%"" G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 0 C.D. H. TOTAL ADDITIONAL TIME 0 C.D. $216,100.85 ' y, , - „�L $10,460,400.35 �P{��►T,,,�V $216,100.85/�yt` ^; D `,Peeeb Manager CITY OF CORPUS CH t STI, TEXAS By: Director of Engineering Services APPROV R-�—,, ��j /•'- Operating Department /.�`� Ot" — Ad"DDiir. of Management & Budget Legal Department -380- CONTRACTOR By: Title: Kostoryz Road 1 Cement Stabilize Exist 5" Caliche Subbase (3%) 6,442 CY @ $24.00 per CY 2 5" Crushed Limestone Base 39,825 SY ® $6.00/SY 3 Excavation and Removal of Exist 5" Subgrade 39,825 SY @ $2.70 per SY 4 5' Diameter Sanitary Sewer Manhole 1 EA @ $8,500.00/EA 5 Sanitary Sewer Manhole Depth > 6' 24 VF @ $400.00/VF 6 Pipe Bursting of WW Line (16" HDPE Pipe) 1,030 LF @ $80.00/LF 7 Remove and Replace (Open Cut) Wastewater Line (15" PVC) 1,030 LF @ $75.00/LF 8 Trench Safety (Wastewater Lines) 1,045 LF @ $1.00/LF 9 Trench Safety (Manholes) 1 EA @ $100.00/EA 10 Remove & Replace (Open Cut) Wastewater Line (10" PVC) 15 LF @ $80.00/LF ($154,608.00) 5238,950 $107,527.50 $8,500.00 59,600.00 ($82,400.00) 577,250.00 $1,045.00 $100.00 $1,200.00 11 Speed Bumps for Neighborhood Traffic Control 5 EA @ 51,787.27/LF $8,936.35 TOTAL: $216,100.85 ✓ -381- Why was this change necessary? 1) The pavement cores taken as part of the geotechnical investigation indicated a layer of existing caliche base that could be salvaged and reused under the new pavement. However, after excavation of the existing roadway began, it was discovered that there is little to no caliche base under the inside lanes of the existing roadway. 2) The Plans call for rehabilitation by pipe bursting of an existing 15" gravity sanitary sewer line between Mahan Drive and Foley Drive as part of the roadway improvements. However, after construction began, it was found that a short section of an existing 10" sanitary sewer line that ties into this sanitary sewer line is in conflict with the new storm drainage box being installed where it crosses the new box and thus must be lowered: The lowering of this 10" line will also necessitate the lowering of the 15" line as well in order for the line to drain properly. 3) City Traffic Engineering has requested speed bumps be installed on adjacent residential neighborhood streets during construction to help slow down traffic that is cutting thru these streets to avoid travel delays related to the construction along Kostoryz Road. How can similar changes be avoided in the future? 1) Unavoidable. The pavement cores were taken only along the existing outside southbound lane in order to avoid the possibility of damaging utilities located nearer the middle of the roadway as the exact location of these utilities was unknown at the time the geotechnical investigation was done. The design of the new pavement was based on geotechnical information that did not reflect actual conditions discovered during construction. 2) Better quality control measures and more thorough review of the design during the final design phase of the project. 3) Unavoidable. Issues related to traffic detouring outside of the project limits in order to avoid the congestion and inconvenience related to the restriction in usable traffic lanes carmot normally be ascertained until construction begins. -382- DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET July 19, 2011 PROJECT: Kostoryz Road (BOND ISSUE 2008) Phase 1 from Horne to Sunnybrook (Project No. 6489) Phase 2 from Sunnybrook to SPID (Project No. 6490) APPROVED: City Council Motion No. 2011-031 on January 25, 2011 CONTRACTOR: Texas Sterling Corporation 20810 Fernbush Lane Houston, TX 77073 TOTAL CONTRACT AMOUNT $10,244,299.50 Motion No. M2011-031 25% Limit Amount $2,561,074.88 Change Order No. 1 (April 14, 2011) $0.00 Administrative Approval Change Order No. 2 (July 19, 2011) 216,100.85 City Council Action TOTAL All Change Orders $216,100.85 2.11% < 25% H:IHOME\VeImaP\GEN\STREET16489 KOSTORYZ PHASE 11CONSTRUCTIONICMynORDER NO. 21CHANGE ORDER SUMMARY.doc PROJECT BUDGET Kostoryz Road Improvements Phase 1 from Horne to Sunnybrook Project No. 6489 Kostoryz Road Improvemetns Phase 2 from Sunnybrook to SPID Project No. 6490 BOND ISSUE 2008 July 19, 2011 FUNDS AVAILABLE: Street CIP Fund (2008 Bond Issue) $6,775,000.00 Street CIP Fund (RTA Special Projects) 34,692.00 Storm Water CIP Fund 4,045,786.00 Water CIP Fund 612,232.00 Wastewater CIP Fund 1,322,568.00 Total 12,790,278.00 FUNDS REQUIRED: Construction (Texas Sterling Construction) 10,460,400.35 Contingencies (6.8%) 478,499.15 Consultant (Goldston Engineering - a CH2M Hill Company) Basic Svcs $944,055 9.2% 1,558,525.00 Geotechnical Services (Rock Engineering) 21,000.00 Materials Inspection & Testing (Rock Engineering) 149,379.00 Administrative Reimbursements 51,200.00 Engineering Reimbursements 51,200.00 Misc. (Printing, Advertising, etc.) 20,000.00 Total $12,790,203.50 Variance $74.50 -384- File :\Mproject\councilexhibits\exh6489&6490b.dwg e HWY 44 44 XUTCES 2i4Y ;s Walt a w PROJECT LOCATION d�`'V w. PGiN� � Phase 1 — Home to Sunnybrook . 1 \�. Wq`Qyfa`4 y S�AT�A BC� ��O C4C AGNES F d CCRPUS CHRISP INTERNATIONAL AIRPORT McGLOIN RD CORPUS IJIRrsil sAy PROJECT LOCATION Phase 2 — Sunnybrook to SPID LOCATION MAP NOT TO SCALE PROJECT SITE Phase 1—Koetoryz Rd Horne to Sunnybrook with Browner Ditch Off—Site Drainage PROJECT SITE Phase 2—Kostoryz Rd Sunnybrook to SPID SITE PLAN NOT& TO SCALE PROJECT # 6489 6490 SITE PLAN NOT TO SCALE KOSTORYZ ROAD, PHASE 1 HORNE TO SUNNYBROOK WITH BRAWNER DITCH OFF-SITE DRAINAGE & PHASE 2 SUNNYBROOK TO SPID (BOND ISSUE 2008) 3S5 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07-19-2011 c — 4a4444.044•04 29 caisia City of on Corpus Christi AGENDA MEMORANDUM for the City Council Meeting of July 19, 2011 DATE: July 14, 2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean@cctexas.com (361) 826-3781 Approval of Construction Contract: Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2 PURPOSE. Motion authorizing the City Manager or designee to execute a construction contract with Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Triple Crown and Citation Drive Area Improvements for the Base Bid plus Additive Alternate No. 2. BACKGROUND AND FINDINGS: This project supports the City's commitment of providing the public infrastructure necessary for drainage. The project consists of re -grading approximately 500 linear feet of drainage ditch, installing approximately 25 linear feet of 18 -inch diameter reinforced concrete pipe and two Type A curb inlets with wings, two post and drop inlets, extension of 30 -inch diameter and 42 -inch diameter reinforced concrete pipe, pavement repair, construction of concrete rip rap and hydro - mulching or installing matting for the prevention of erosion. Additive Alternate 1 consists of concrete Rip Rap and retaining wall in place of Gabions. Additive Alternate 2 includes erosion matting. On April 13, 2011, the City received proposals from six (6) bidders and the lowest three bidders and their respective bids are as follows: Contractor Base Bid Base Bid -Additive Alternate 1 Base Bid -Additive Alternate 2 Bridges Specialties Sandia, TX $92,037.36 $19,760.00 $18,147.70 Clark Pipeline Corpus Christi, TX $99,457.47 $11,238.88 $26,058.34 Max Construction Corpus Christi, TX $112,148.75 $38,304.00 $23,742.50 ALTERNATIVES: The following alternatives were considered: • Award Base Bid only for $92,037.36 (Bridges Specialties) • Award Base Bid plus Additive Alternative No. 1 for a total of $110,696.35 (Clark Pipeline) • Award Base Bid plus Additive Alternative No. 2 for a total of $110,185.06 (Bridges Specialties) • Award Base Bid plus Additive Alternative No. 1 plus Additive Alternative No. 2 for a total of $129,945.06 (Bridges Specialties) _389_ C\OOCUI.t-I\AEBECC-I.CCP\LOCALS-1\ Temp\74'grpwiee\2314 -Executive Summery.dacx OTHER CONSIDERATIONS: The original project construction budget was $117,000, thus awarding both Additive Alternatives No. 1 and No. 2 exceeded the original construction budget. Additive Alternative No. 1 includes construction of concrete rip rap and headwall at the drainage pipe outfall, an upgrade from the gabion structures included in the Base Bid for scour protection. Additive Alternate No. 2 includes providing new erosion control matting within the newly graded drainage ditch. The side slopes on the existing ditch are steeper than the 4:1 side slope typically recommended by the City and were limited due to the existing available right-of-way width. Installing erosion control matting will minimize the potential for side slope erosion along this steeper ditch section and minimize potential for future maintenance costs. Awarding the Base Bid plus Additive Alternative No. 2 fall within the project construction budget and were recommended to be the best value for the City. FINANCIAL IMPACT: o Not Applicable o Operating Expense o Revenue X CIP FISCAL YEAR: 2010-2011 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $144,878.55 Encumbered/Expended Amt. This item $110,185.06 BALANCE $34,693.49 FUNDS (S): Storm Water CIP Comments: Failure to complete project would result in further deterioration of the storm water system in the area and could result in increased costs of repair and property damage. RECOMMEN DATION: City staff recommends that the contract be awarded to Bridges Specialties of Sandia, Texas, in the amount of $110,185.06 for the Base Bid plus Additive Alternate No. 2. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2010-11 Capital Budget. EMERGENCY / NON -EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Storm Water —390— C:\D000ME-1\REBECC—I.CCP\LOCALS—i\ Temp\XPgrpwiee\2314 -Executive Summvy.doex LIST OF SUPPORTING DOCUMENTS: Project budget Location Map Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —391— CADOCOME—nREEECC-1.CCPUACALS —t\Temp \XPgepwlse\2314 - Executive Summary.docx PROJECT BUDGET TRIPLE CROWN AND CITATION DRIVE AREA IMPROVEMENTS Project No. 2314 July 12, 2011 FUNDS AVAILABLE: Storm Water CIP (2010-2011) $144,878.55 FUNDS REQUIRED: Construction (Bridges Specialties) $110,185.06 Contingencies $11,018.51 Consultant Fees: Materials Testing $2,203.70 Reimbursements: Contract Administration (Contract Preparation/Award/Admin) $3,030.09 In -House Engineering Design $8,800.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $3,856.48 Construction Inspection $3,856.48 Misc. (Printing, Advertising, etc.) 550.93 Finance Issuance 1,377.31 TOTAL $144,878.55 ESTIMATED PROJECT BUDGET BALANCE 0.00 -392- \Mproject \couneilexhibits\ exh2314. dwg LOCATION MAP NOT TO SCALE PROJECT 023141 CIP No. St. 10 VICINITY MAP NOT TO SCALE Triple Crown and Citation Drive Area improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 7/12/2011 G ENII ONE ▪ • -393- 30 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 82nd Legislative Session of Texas — End of Session Report STAFF PRESENTER(S): Name Title/Position 1. Rudy D. Garza IGR Director OUTSIDE PRESENTER(S): Department Intergov. Relations Name Title/Position Organization 1. Snapper Carr Gen. Counsel Focused Advocacy 2. Shanna Igo Deputy Exec. Director Texas Municipal League BACKGROUND: Every two years, in odd numbered years, the Texas Legislature is called to Session beginning the second Tuesday of January, for 140 days, with the responsibility of passing a two-year (biennial) budget and addressing other business of the State of Texas. The City Council of the City of Corpus Christi passed a legislative program in November of 2010 creating policy direction for our activities during the 2011 legislative session. This presentation will provide a high level overview of the results of the legislature's work during session, the overall impact to cities in general, and our community specifically, and the collaboration that took place with the Texas Municipal League, the "Big City" lobby team and "Big City" Mayors coalition and others, which led to overall positive results during session. REQUIRED COUNCIL ACTION: None ler Aele udy D. Garza Intergovernme tr Relatio rudyga@cctexas.com 361-826-3082 PowerPoint Supplemental Information ❑ -397- s Direc End of Session Report 82nd Legislative Session of Texas Rudy Garza Intergovernmental Relations July 19, 2011 City Council (Policy) City Manager (Direction) IGR Director (Execution) External Lobby Consultant (Focused Advocacy –Snapper Carr/Brandon Aghamalian) City Staff (Support) Legal Utilities P&R Police Fire Finance Legislative Advocacy Model –A Cooperative Effort Coastal Bend Community Cooperation Texas Municipal League CC Legislative Stakeholders (Partners) City County Port Industries Port of Corpus Christi Del Mar College TAMUCC Workforce Solutions of the Coastal Bend CBCOG Chambers of Commerce CCREDC RTA Corporate Partners TML Board & Policy Committees (Policy) Exec. Director (Direction) TML Internal Lobby Team – Shanna Igo/Monty Winn (Execution) Big City Lobby Team (Partners) Arlington Austin Corpus Christi Dallas Denton El Paso Ft. Worth Houston McAllen San Antonio Plano Sugarland “Lobbying the Lobby” Other Advocacy Organizations (Partners) TSFA CLEAT TMRS TAC TLHA TAM TCC TAB GLO TCEQ TWDB Other Interest Groups City of Corpus Christi Special thanks to Senate Delegation 3/01/11 3 Juan Hinojosa Vice-Chair of: Finance Member of: Agriculture & Rural Affairs Criminal Justice Finance Subcommittee on Medicaid Natural Resources Select on Redistricting Transportation & Homeland Security Judith Zaffirini Chair -Higher education Member of: Administration Economic Development Finance (S/C on Medicaid) Health & Human Services Select on Redistricting Eddie Lucio Chair -International Relations & Trade Member of: Business & Commerce Finance Government Organization Select on Redistricting State Affairs Connie Scott Member of: Defense & Veteran’s Affairs Judiciary & Civil Jurisprudence Local & Consent Calendars Raul Torres Member of: Appropriations (Subcommittee on Articles VI, VII, & VIII) Insurance Todd A. Hunter Chair -Calendars Election Contest Member of: General Investigating & Ethics Human Services Redistricting 3/01/11 4 Special thanks to House Delegation 7/15/2011 5 Jose Aliseda Member of: Criminal Jurisprudence Environmental Regulation Voter Identification & Voter Fraud Jose Manuel Lozano Member of: Agriculture &Livestock Energy Resources Rules &Resolutions Special thanks to House Delegation (cont.) In the 2011 session, lawmakers filed fewer bills than in recent previous sessions. 6,303 bills and proposed constitutional amendments were filed. Compare to 7,609 bills in 2009, and it’s a decrease of more than 20 percent. The League tracked almost 1,600 bills that could have affected city authority. November 8 –March 11: 50 bills per calendar day. Last two weeks: almost 3,000 bills filed, with almost 1,000 city-related bills. Last two weeks: 214 per calendar day. Year Total Bills Introduced Total Bills Passed City-Related Bills Introduced City-Related Bills Passed 1993 4,560 1,089 800+140+ 1995 5,147 1,101 800+140+ 1997 5,741 1,502 1,100+130+ 1999 5,908 1,638 1,230+130+ 2001 5,712 1,621 1,200+150+ 2003 5,754 1,403 1,200+110+ 2005 5,369 1,397 1,200+105+ 2007 6,374 1,495 1,200+120+ 2009 7,609 1,468 1,500+120+ 2011 6303 1410 1500+160+ 82nd Legislative Session by the Numbers Overall State Budget Analysis State Budget –Impact on Cities State Budget reduced by appx. $27B over the next biennium Cities can expect approximately $154 million less than they received in the 2010-2011 biennium. The following appropriations were reduced for the 2012-2013 biennium. Mixed Beverage Tax: ($52 million less) Cuts to Local Parks Grants ($35 million less) Major Events Trust Fund ($25 million less) Cuts to Local Libraries ($30 million less) Homeless Grants: ($20 million less) TCEQ Solid Waste Grants: ($6 million less) Automobile Theft Prevention: ($15 million MORE) State Budget –Local Impact TAMUCC -$19.2M reduction over biennium 28.75% Cut to Special Item Funding (which will impact Art Museum of STX by $189,360) Funding for continuation of Engineering Degree Plan remained intact Del Mar College -$9 M reduction over biennium CCISD -$25M reduction over biennium 50% budget reduction to Pollution Prevention Partnership (through Rider 8 funding impacted in the TCEQ budget) Governor’s Emergency Items Passed: Voter ID Sonograms for women getting abortions A federal balanced budget amendment Eminent domain protection Tort Reform Failed: Sanctuary Cities Redistricting by the numbers… Texas gained 4.3 million in the last 10 years; 20.6% population growth since 2000 Top six populous counties (Harris, Dallas, Tarrant, Bexar, Travis and El Paso) remained in rank position Houston remains the most populous city, followed by San Antonio, Dallas, and Fort Worth, which moved past El Paso Hispanics accounted for 65% of the state’s growth (from 6.7 million to 9.5 million) now making up 37% of all Texans Texas added four more congressional seats during this census, bringing our new number to 36 Each of the state’s 36 Congressional districts required a 698,488 population State Legislative Districts can vary in size up to 5%; target Senate District population is 811,147 people in each of the 31 Senate districts and 167, 637 in each of the House Districts Of the 150 seats in the House, 96 were short of population and only 54 had too many residents 11 Redistricting Impact on Corpus Christi Total population change since 2000: +8.5% (which lagged state avg.) 1 less State House Seat (Dist. 33) Similar Senate District New Congressional District Subject to DOJ/Legal Process Review Proposed House Districts: (HB 150) Proposed Senate District: (SB 31) Proposed Congressional District: (SB 4: Special Session) Sunset Review of State Agencies Coastal Coordination Council Electric Reliability Council of Texas Department of Information Resources Texas Commission Environmental Quality Forest Service Housing and Community Affairs Texas State Affordable Housing Corporation Texas Department of Insurance Juvenile Probation Commission Public Finance Authority Public Utility Commission Racing Commission Railroad Commission Soil and Water Conservation Board Texas Department of Transportation Water Development Board, Texas Workers' Compensation Texas Youth Commission 13 "Sunset is the regular assessment of the continuing need for a state agency to exist. Sunset asks a basic question: "Do the agency's functions continue to be needed?"The Sunset process works by setting a date on which an agency will be abolished unless legislation is passed to continue its functions. This creates a unique opportunity for the Legislature to look closely at each agency and make fundamental changes to an agency's mission or operations if needed." (2013) (2013) *All Agencies were addressed with exception of PUC (OPUC/ERCOT) & RRC Defense…Defense…Defense… Through our partnership with TML, bad bills were successfully killed or amended related to: Appraisal caps/revenue caps Sanctuary cities Elimination of local sales tax on the purchase of ATVs, off-road motorcycles, and golf carts Limit nuisance regulations Homeowners Associations Tree mitigation Digital messaging signs Additional court fees -$5 court fee for indigent defense and legislation that would have increased the state traffic fine from $30 to $45 Broad form indemnity in municipal public works contracts Elimination of annexation authority Legislation Passed: SB 977 by Sen. Hinojosa (Sp. Rep. Torres) -Relating to the imposition and use of the municipal hotel occupancy tax by certain eligible central municipalities. Not only did we add Corpus Christi to the list of eligible municipalities, we addressed an AG issue related to how the funds are held in trust which was critical for all communities utilizing this provision across the state making the program viable in the long term for a future project in our community. HB 451 by Rep. Lucio IIII (Sp. Sen Hegar) -Relating to the creation of a Don't Mess with Texas Water program to prevent illegal dumping that affects the surface waters of this state. HB 1473 Scott (Sp. Sen. Hinojosa) -Relating to creating the offense of altering a disabled parking placard. Provided Support on: SCR 5 by Sen. Hinojosa/Rep. Hunter -Requesting the lieutenant governor and the speaker of the house to provide for a joint legislative study regarding the development and economic impact of a cruise industry on the Texas coast. 15 Corpus Christi Proactive Legislation Corpus Christi Proactive Legislation Legislation Pursued: HB 1560 by Rep. Scott (Sp. Sen. Hinojosa) -Relating to the authority of counties to nominate projects in the extraterritorial jurisdictions of certain municipalities for designation as enterprise projects. (Next Session) We also worked with the Governor’s office in the filing of HB 2493 (by Rep. Torres) relating to enterprise project half designations under the enterprise zone program. This bill ultimately got rolled into a Senate version of HB 1560 which died in the last moments of the session. SB 497 by Sen. Jackson (Sp. Rep. Pickett) -Relating to notice of the construction or expansion of a wind-powered electric generation facility located near a federally owned or operated radar installation or military installation. (Interim Study) HB 2187 by Rep. Davis -Relating to the imposition of and a limitation on the sales tax imposed on certain vessels.(Interim Study) 16 Results on other critical issues: Mixed Beverage Tax Amendment to Fiscal Matters Bill…restored local share to 10.7% for 2013/2014 Biennium (Appx. $450,000 in funding to GR and important to both City of Corpus Christi and Nueces County) Red-Light Cameras…dodged another bullet as no bad legislation passed Transportation Reinvestment Zone (HB 563) & Prop. 12 Bond Financing ($3B) legislation was approved Creation of Select Committee on Economic Development SB 350 related to how TMRS invests retiree money was passed which should bring relief to the City in contribution rates by making returns less volatile through the combining of investment funds. A related bill related to how TMRS deals with cost of living adjustments (SB 642) failed to pass. Amended bill dealing with Juvenile Case Managers to preserve our existing municipal court processes Supported a City of Irving measure that will provide a grace period for our Municipal Court system to address any fine discrepancies identified by state auditing process Constitutional amendment expanding gaming in Texas once again lacked support by the legislature and never left committee SJR 4 (Sen. Hinojosa/Rep. Ritter), constitutional amendment providing the Texas Water Development Board with evergreen bonding authority of $6B for water and wastewater infrastructure approved TWIA Reform Constitutional Amendment prohibiting unfunded mandates from to state on local governments (HJR 56) failed to pass out of committee Corpus Christi Legislative Day at the Capitol Our community held a legislative action day at the Capitol on March 1st, 2011. Meetings held between local elected officials and members of the Texas Legislature, including the Speaker of the Texas House Joe Straus, Lt. Gov. David Dewhurst, and Governor Perry. Recognition of local elected officials and community leaders on the House and Senate floors through a resolution by our local delegation. Our reception hosted by the CC Chamber was one of the best events of the session with over 350 people and various members of the Legislature and countless staff attending. Special Session Issues Fiscal matters bill (required for budget certification) Healthcare issues Sanctuary cities (failed to pass) Secure communities programs Texas Windstorm Insurance Association reform Congressional Redistricting Anti-groping bill -TSA (failed to pass) Questions? 1 BACKGROUND Voter approved election was held November 2, 2010 Language stated: “Adding the position of City Auditor who shall be appointed by and report to the City Council” 2 TIMELINE TO DATE 1/25/11 Council discussed City Auditor appointment process 4/12/11 Council discussed job descriptions 5/6/11 –5/18/11 RFP open 5/10/11 –5/24/11 City Auditor, Associate Auditor and Senior Accountant positions posted 6/14/11 Administration Committee recommended that City Council review two options: 1. Hiring full-time staff 2. Contracting the service 3 CITY COUNCIL ACTION Administrative Committee will continue to be involved with the process Move forward with the position of City Auditor Create an Ordinance developing policies and procedures that govern the working relationship 4 ORDINANCE HIGHLIGHTS Establishment of the Office of City Auditor. The City Auditor shall be appointed by a majority vote of the City Council; The City Auditor shall be a Certified Public Accountant or Certified Internal Auditor; and The City Auditor will report to the City Council. Independence, objectivity, and audit standards: The organization and administration of the auditor’s office shall be sufficiently independent to assure than no interference or influence shall adversely affect an independent and objective judgment of the auditor; No person shall be appointed to the position of City Auditor who has been Mayor, Council Member of the City during a period of five years prior to the date of the City Auditor’s appointment. In no case shall the City Auditor be related, by affinity or consanguinity within the second degree, to the Mayor, any Council Member or the City Manager. 5 ORDINANCE HIGHLIGHTS The responsibility for selection of audit areas shall initiate with the City Auditor, with due consideration of the interests and concerns of the City Council and City Manager. To accomplish this: 1.No less than 30 days prior to the beginning of each fiscal year the City Auditor shall submit an annual plan to the City Council through the Council Administrative Committee for review and comment. The Committee shall forward the plan to the City Council for review and final approval; 2.The annual plan may be amended during the year. The City Auditor may be removed only by a majority of the City Council. 6 ORDINANCE HIGHLIGHTS Council Review. The Council Administrative Committee shall review and provide comments regarding the Auditor’s annual work program, to be formally reviewed and approved by City Council each year; monitor the City’s internal controls through the results of external and internal audits and other activities of the City Auditor. The City Auditor shall have direct communication with the Administrative Committee and attend all Administrative Committee meetings. Access to records and property. All officers and employees of the City shall provide free and open access to and furnish the Auditor with requested information, records, books, accounts, internal memoranda, writings and tapes, reports, correspondence files, computer data, and other information and property in their custody. 7 ORDINANCE HIGHLIGHTS Preparation and release of reports. Each audit shall result in a report which shall be transmitted in draft to the City Manager who will provide a written response regarding the audit findings and recommendations within an agreed time frame. The Auditor will include the responses in the final report unless they are not received within the established time frame. Final reports will be submitted to the City Council and the City Manager. Powers and duties. The City Auditor is empowered to conduct performance and other audit work to determine whether: 1.activities and programs being implemented have been authorized by the Council, or some other legal authority; 2.effectiveness of organizations, programs, activities, functions or policies; 3.Financial and performance reports are being provided that disclose fairly, accurately and fully all information that is required by law. 8 ORDINANCE HIGHLIGHTS The City Auditor shall ensure accountability and implementation of a continuous improvement process by an annual status report of prior audits. 1.Six months after transmittal of report to City Council, a status report shall be requested on actions taken by appropriate officials 2.May request additional periodic status reports Detection of apparent violation of law, after consultation with and advice from the City Attorney, will immediately be reported to the appropriate authority including the City Manager. 9 ORDINANCE HIGHLIGHTS Peer Review. The City Auditor’s Office shall within three years of date of this ordinance be subject to peer review and thereafter not less than once every three years by a professional, non-partisan, objective person or group, comprised of auditors and other professionals with appropriate government auditing expertise and experience. The peer review shall determine compliance with Government Auditing Standards and the quality of audit effort and reporting. The written review shall be provided to the City Council after review and approval by the Council Administrative Committee. The peer review shall be paid from the City Auditor’s budget. 10 ORDINANCE HIGHLIGHTS City Auditor Vacancy –Selection Process. When a vacancy occurs, the first principal assistant shall act in the capacity of City Auditor pending the appointment of the City Auditor; The City Council shall appoint an ad hoc nominating committee to recommend the candidates to City Council The Committee shall consist of five members: Three shall be City Council members nominated by the Council Administrative Committee, One shall be an at large resident of Corpus Christi, and One shall be the City Manager or designee. Within 90 days of the first meeting, the Committee shall recommend three candidates to the City Council; the City Council shall appoint a City Auditor within 15 days of receiving the recommendation. 11 NEXT STEP First reading of Ordinance July 26, 2011 Second reading and final adoption of ordinance, August 23, 2011 12 QUESTIONS 13