Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 02/14/2012
��•: .. Y.�.RL`;�..k,.:v_:srdi ?:iii;. -.. -s :. .... _':_��............ '. 11:45 A.M. - Proclamation declaring the week of February 7-14, 2012 as "Congenital Heart Defect Awareness Week" Proclamation declaring the week of February 12 -18, 2012 as "National LULAC Week" Proclamation declaring the week of February 19 -25, 2012 as "National Engineers Week" USS Lexington Museum on the Bay presents the City of Corpus Christi with Final Bond Payment AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 14, 2012 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 limited°, habre un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Lakendra Lewis, Diamond Ministry. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Chris N. Adler Council Members: Kelley Alien Larry Elizondo, Sr. 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 February 14, 2012 Page 2 E. MINUTES: Approval of Regular Meeting of January 31, 2012. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. * Animal Control Advisory Committee * Clean City Advisory Committee * Ethics Commission * Human Relations Commission * Landmark Commission * Leadership Committee for Senior Services G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting February 14, 2012 Page 3 Purchase of food items for Elderly Nutrition Program Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -12 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $172,625.43. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or designee. Funds are available through. the Meals on Wheels grant. (Attachment #3) LaBatt Food Service Corpus Christi, Texas 140 line items $79,724.63 Performance Food Group Victoria, Texas 105 line items $92,900.80 Grand total: $172,625.43 4. Purchase of wastewater chemicals for operations Motion approving supply agreements with Polydyne, Inc. of Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI -0030 -12, based on only bid for an estimated twelve month expenditure of $157,412 of which $78,706.02 is required for the remainder of FY2011 -12. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Wastewater Department in FY2011 -12. (Attachment #4) 5. Acceptance of State grant for Tuberculosis Prevention and Control a. Resolution authorizing the City Manager or designee to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. (Attachment #5) Agenda Regular Council Meeting February 14, 2012 Page 4 b. Ordinance appropriating a grant of $61,735 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. (Attachment #5) 6. Approval of requested modifications from tenants for airport facilities Motion authorizing the City Manager or designee to execute Change Order No. 3 to the Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $119,578.83 for a restated not to exceed contract fee of $3,416,939.48 for the Corpus Christi International Airport Terminal Rehabilitation/Federal Inspection Station Project. (Attachment #6) 7. Approval of funding for joint Homeland Security Program Second Reading Ordinance — Appropriating $140,869.80 from Nueces County for funding eligible under FY2010 Department of Homeland Security Grant Program Operation Stonegarden Grant in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) United States Highway 77 and State Highway 44. (Attachment #7) . EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session an 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. Agenda Regular Council Meeting February 14, 2012 Page 5 • Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding pending litigation in a case styled Cause No. CA- 210 -360, John Michael Hogan vs. City of Corpus Christi, et al, presently pending in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. • Executive session pursuant to Section 551.071(1)(A) of the Texas Government Code to consult with attorneys regarding pending litigation in a case styled Cause No. 06- 62054 -4, Robert Mayorga vs. City of Corpus Christi, Texas, et al, presently pending in the United States District Court for the Southern District of Texas, Corpus Christi Division, with possible discussion and action in open session. • Executive session pursuant to Section 551.071 (1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving street lighting issues within the City of Corpus Christi with possible discussion and action in open session. • Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. J. PUBLIC HEARINGS: 8. Zoning change for property located at 129, 133, 137, and 141 Osage Street from residential to industrial Zoning Case No. 1011 -01, Humberto Avalos: A change of zoning from the "RM -3" Multi - family 3 District to the "IL" Light Industrial District, resulting in a change of future land use. The property to be rezoned is Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. (Attachment #8) Planning Commission and Staff's Recommendation: Denial of the "IL" Light Industrial District. Agenda Regular Council Meeting February 14, 2012 Page 6 ORDINANCE Amending the Unified Development Code (UDC), upon application by Owner, Humberto Avelos, by changing the UDC zoning map in reference to Meadow Park Block 2, Lots 1, 2, 3, and 4, from "RM -3" Multifamily 3 District to the "IL" Light Industrial District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. 9. Amending 2008 Consolidated Annual Action Plan to reallocate funding a. Public hearing to receive public comments regarding an amendment to the FY08 Consolidated Annual Action Plan (CAAP) approved by the United States Department of Housing and Urban Development (HUD) by reallocating funding from FY08 Community Development Block Grant - Recovery (CDBG -R) .Administration Costs to the CDBG -R approved project for Neighborhood Centers. (Attachment #9) b. Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the United States Department of Housing and Urban Development (HUD), to amend the FY08 Consolidated Annual Action Plan (CAAP) by reallocating $33,463.22 from ' the Community Development Block Grant- Recovery Administration Costs to Neighborhood Centers and to execute all necessary documents with HUD and Neighborhood Centers as may be required to complete the project. (Attachment #9) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 10. Approval of Memorandum of Agreement for effluent water for NASCC Resolution authorizing the City Manager or designee to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide Type II Agenda Regular Council Meeting February 14, 2012 Page 7 reclaimed water service to irrigate the on -base Gulf Winds Golf Course. (Attachment #10) L. FIRST READING ORDINANCES: 11. Appropriation of utility customer donations for City Arts programs First Reading Ordinance — Appropriating $5,902.36 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. (Attachment #11) 12. Appropriation of TCEQ settlement monies toward the Oso Bay Learning Center and Wetland Preserve First Reading Ordinance - Appropriating $9,980 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve. (Attachment #12) 13. Proposed text amendments to the Unified Development Code First Reading Ordinance — Amending the Corpus Christi Unified Development Code by revising and abbreviation term at Subsection 1.11.2; by adding three definitions to Subsection 1.11.3; by revising Table 3.1.7.A and Subsection 3.1.7.C.4.a, and adding Subsection 3.1.7.C.1.c relating to notice requirements; by revising Subsection 4.2.8.0, and adding 4.2.8.D.4, 4.2.10 and 4.2.11, and revising Tables 4.3.3, 4.4.3.B and 4.4.4 relating to lot measurements; by revising Table 4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.B and 5.3.2.C, and deleting 5.3.2.D relating to accessory uses and structure; by revising Subsection 7.2.4.G relating to tandem parking; by revising Subsection 7.5.13.E relating to institutional signs; by adding Subsection 8.2.1.G.7 relating to cul -de -sacs; by adding Subsection 8.2.9 relating to dead end mains; and by revising 8.5.1.B and 8.5.2.B relating to the payment of fees; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; and providing for penalties, publication and an effective date. (Attachment #13) Agenda Regular Council Meeting February 14, 2012 Page 8 M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: 14. State grant application to renew Victims of Crime Grant Resolution authorizing the submission of a grant application in the amount . of $81,188.69 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a City match of $14,731.84 and $4,000 in -kind services for a total project cost of $99,920.53; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment #14) 15. State grant application to renew Violence Against Women Grant Resolution authorizing the submission of a grant application in the amount of $94,705.39 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund- for the police department's Family Violence Unit with a City match of $47,165.68, and an in- kind match of $7,200 for at total project cost of $149,071.07; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment #15) 16. State grant application to renew Regional Fusion Center Grant Resolution authorizing the submission of a grant application in the amount of $59,914 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available under the Criminal Justice Programs Fund for the Police Department to continue the Regional Fusion Center and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment #16) Agenda Regular Council Meeting February 14, 2012 Page 9 17. Agreement with State to provide county beach water sampling Resolution approving a service agreement between the Corpus Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio Counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2011. (Attachment #17) 18. Adoption of training standards for Juvenile Case Managers required by new State legislation Resolution adopting training standards for Juvenile Case Managers employed by the City of Corpus Christi, providing for implementation of said standards, and providing for periodic review to ensure implementation of the requisite standards. (Attachment #18) 19. Agreement to reimburse TxDOT for adjustment of utilities related to FM24 improvements Resolution authorizing the City Manager or designee to execute an Interlocal Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) Voluntary Local Government Contributions to Transportation Improvement Projects in the amount of $56,180 for manhole and valve adjustments during the rehabilitation of FM24 from 1H37 to south of Starlite Road. (Attachment #19) 20. Professional services contract for design of future improvements to Williams Drive Motion authorizing the City Manager or designee to execute a Contract for Professional Services with RVE, Inc., of Corpus Christi, Texas in the amount of $959,995 for Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. (Attachment #20) 21. Award of multi -year contract for Aviation Business Consultant Services Motion authorizing the City Manager or designee to execute a contract with Trillion AV LLC, of Austin, Texas for Aviation Business Consultant Services with effective date February 1, Agenda Regular Council Meeting February 14, 2012 Page 10 2012, with term of one year, with options to extend for up to four additional one -year terms, with first year fee to exceed $90,000, based on Statement of Work, of which the fee for the first six months of that first year shall not exceed $60,225, based on Statement of Work. (Attachment #21) UPDATES TO CITY COUNCIL: (NONE) N. PUBLIC COMMENT ON NON - AGENDA OR AGENDA RELATED MATTERS WILL BE HEARD AT APPROXIMATELY 4 :00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS .EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBER S, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. CITY MANAGER'S COMMENTS: * Update on City Operations * Update on Street Maintenance Funding Implementation Schedule * Status of Police Chief Hiring * Staff Retreat Update Agenda Regular Council Meeting February 14, 2012 Page 11 P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at :,,3r p.m., on February 9, 2012. 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. Present: Mayor Joe Adame Council Members: Chris Adler Kelley Allen Larry Elizondo Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott MINUTES City of Corpus Christi, Texas Regular Council Meeting January 31, 2012 - 12:00 p.m. City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Jerry Ward, Lighthouse Tabernacle and the Pledge of Allegiance to the United States Flag was led by Council Member Kelley Allen. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Regular Council meeting of January 24, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: Animal Control Advisory Committee Jennifer Diaz, New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 6). Council Members requested that Item No. 4 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3.a. MOTION NO. 2012 -022 Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Kinder Morgan Tejas Pipeline, LLC, in the amount of $252,454 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. —1— Minutes - Regular Council Meeting January 31, 2012 Page 2 3.b. MOTION NO. 2012 -023 Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Enerfin Field Services, LLC, in the amount of $126,655.38 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Elizondo was absent. 3.c. MOTION NO. 2012 -024 Motion authorizing the City Manager or designee to execute a Reimbursement Agreement with Equistar Chemicals, LP in the amount of $29,873 to adjust or relocate its pipeline amenities to clear city right -of -way on Mckinzie Road from the Lyondell Plant to Haven Drive. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Elizondo was absent. 5. RESOLUTION NO. 029360 Resolution authorizing the City Manager or designee to execute an Interlocal Agreement with the Texas Department of Transportation (TXDOT) for an Advance Funding Agreement for a Metropolitan Mobility /Rehabilitation Project Off - System for the Williams Drive Improvements, Phase 3, from Staples Street to Airline Road. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Elizondo was absent. 6. ORDINANCE NO. 029361 Approving the redistricting of the City's Single- Member Council Districts and establishing new district boundary lines based on 2010 Census data for Corpus Christi City Council elections; directing the City's Redistricting Consultant to submit to the adopted plan for preclearance under Section 5 of the Federal Voting rights act; and providing an effective date. (First Reading - 1/24/12) The foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Elizondo was absent. The following item was pulled for individual consideration and was voted on separately. There were no comments from the audience. City Secretary polled the Council for their vote on Item No. 4 as follows: 4. MOTION NO. 2012 -025 Motion to execute Change Order No. 4 with Texas Sterling Construction Co. in the amount of $72,407.21 for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook for the installation of Brawner Ditch Irrigation System and Landscaping. (BOND 2008) -2- Minutes - Regular Council Meeting January 31, 2012 Page 3 The foregoing motion was passed and approved 'with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Elizondo was absent. EXECUTIVE SESSIONS: follows: Mayor Adame announced the executive sessions which were listed on the agenda as Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding Cause No. 8- 11- 6088CV -B styled City of Ingleside, Texas vs. City of Corpus Christi, Texas presently pending in the 1561h District Court of San Patricio, County with possible discussion and action in open session. Executive session pursuant to Section 551.071 (1)(A) of the Texas Government Code to consult with attorneys regarding contemplated litigation involving street lighting issues within the City of Corpus Christi with possible discussion and action in open session. The council went into executive session. The council returned from executive session. Mayor Adame announced that no action would be taken in open session. REGULAR AGENDA Mayor Adame referred to Item No. 7. Fred Segundo, Director of Aviation stated that this item relates to future construction of the Infield Taxiway Connectors for Runway 17 -35. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 7. MOTION NO. 2012 -026 Motion authorizing the City Manager or designee to execute Amendment No. 5 to the Professional Services contract with KSA Engineers, Inc. of Longview, Texas, in the amount of $100,000.00 for a restated not to exceed contract fee of $2,145,416.95 for the Corpus Christi International Airport Taxiway Connectors /Runway 17 -35 Project (Supplemental services for Task Order No. 3). The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. Mayor Adame referred to Item No. 8. Foster Crowell, Director of Wastewater Services stated that this item relates to improvements for the Oso Water Reclamation Plant. Mayor Adame asked for comments from the audience. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 8.a. MOTION NO. 2012 -027 Motion authorizing the City Manager or designee to execute a construction contract with CSA Construction, Inc., of Houston, Texas in the amount of $6,311,200 for the Oso Water Reclamation Plant Belt Press Facility Project for Parts A, B, C and D. Minutes - Regular Council Meeting January 31, 2012 Page 4 The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye "; Elizondo and Scott were absent. 8.b. MOTION NO. 2012 -028 Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Professional Services Contract with LNV, Inc., of Corpus Christi, Texas in the amount of $247,395 for a restated fee of $847,054 for construction observation and related services associated with the Oso Water Reclamation Plant Belt Press Facility Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye "; Elizondo and Scott were absent. Mayor Adame referred to Item No. 9. Dan Biles, Interim Director of Engineering stated that this item relates to the construction of a new public safety warehouse for the Police Department. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 9.a. ORDINANCE NO. 029362 Ordinance appropriating $500,000 from the Unreserved Fund Balance in the No. 1020 General Fund for a new Public Safety Warehouse Building for the Police Department; authorizing the transfer of $500,000 from the No. 1020 General Fund to and appropriation in the No. 3350 Public Health and Safety Capital Improvement Project Fund; and changing the FY2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $500,000. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye "; Elizondo and Scott were absent. 9.b. ORDINANCE NO. 029363 Ordinance changing the FY2011 -2012 Capital Budget adopted by Ordinance No. 029135 by increasing appropriations by $500,000 for a separate Public Safety Warehouse Building Project for the Police Department. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye "; Elizondo and Scott were absent. 9.c. MOTION NO. 2012 -029 Motion authorizing the City Manager or designee to execute a Professional Services Contract with LaMarr Womack and Associates, L.P., of Corpus Christi, Texas, in the amount of $147,141 for the Public Safety Warehouse (Police) Project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye "; Elizondo and Scott were absent. Minutes - Regular Council Meeting January 31, 2012 Page 5 FIRST READING ORDINANCE Mayor Adame referred to Item No. 10. Pat Eldridge, Police Department stated that this item is for a grant appropriation to reimburse fuel, overtime, fringe benefits and equipment expenditures for the Police department's enforcement efforts with Nueces County. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 10. FIRST READING ORDINANCE Appropriating $140,869.80 from Nueces County for funding eligible under FY2010 Department of Homeland Security Grant Program Operation Stonegarden Grant in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) United States Highway 77 and State Highway 44. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Leal, Loeb, Marez, and Martinez, voting "Aye "; Elizondo and Scott were absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 11 - 17). Mayor Adame stated that these items are for informational purposes only and that no action or public comment will be taken at this time. Staff provided a presentation on Item Numbers 14, 15, 16, and 17. 11. Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -12 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $172,625.43. The terms-of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers and the City Manager or designee. Funds are available through the Meals on Wheels grant. LaBatt Food Service Corpus Christi, Texas 140 line items $79,724.63 Grand total: $172,625.43 Performance Food Group Victoria, Texas 105 line items $92,900.80 12. Motion approving supply agreements with Polydyne, Inc. of Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI- 0030 -12, based on only bid for an estimated twelve month expenditure of $157,412 of which $78,706.02 is required for the remainder of FY2011 -12. The term of the contract will be for twelve months with option to extend for up to, two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Wastewater Department in FY2011 -12. -5- Minutes - Regular Council Meeting January 31, 2012 Page 6 13.a. Resolution authorizing the City Manager or designee to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. 13.b. Ordinance appropriating a grant of $61,735 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. 14. Resolution authorizing the City Manager or designee to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide Type II reclaimed water service to irrigate the on -base Gulf Winds Golf Course. 15. Motion authorizing the City Manager or designee to execute Change Order No. 3 to the Construction Contract with Barcom Commercial, Inc. of Corpus Christi, Texas, in the amount of $119,578.83 for a restated not to exceed contract fee of $3,416,939.48 for the Corpus Christi International Airport Terminal Rehabilitation /Federal Inspection Station Project. 16. Zoning Case No. 1011 -01, Humberto Avalos: A change of zoning from the "RM -3" Multi- family 3 District to the "1L" Light Industrial District, resulting in a change of future land use. The property to be rezoned is Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. Planning Commission and Staff's Recommendation: Denial of the "IL" Light Industrial District. 17.a. Public hearing to receive public comments regarding an amendment to the FY08 Consolidated Annual Action Plan (CAAP) approved by the United States Department of Housing and Urban Development (HUD) by reallocating funding from FY08 Community Development Block Grant - Recovery (CDBG -R) Administration Costs to the CDBG -R approved project for Neighborhood Centers. 17.b. Motion to authorize the City Manager or designee following the conclusion of the public comment period required by the United States Department of Housing and Urban Development (HUD), to amend the FY08 Consolidated Annual Action Plan (CAAP) by reallocating $33,463.22 from the Community Development Block Grant - Recovery Administration Costs to Neighborhood Centers and to execute all necessary documents with HUD and Neighborhood Centers as may be required to complete the project. UPDATES TO CITY COUNCIL. Mayor Adame referred to Item No. 18, Street Maintenance Finance Ad Hoc Advisory Committee Final Presentation and Recommendation. Mr. Patrick Veteto, Chairman, Street Maintenance Finance Ad Hoc Advisory Committee provided a presentation regarding findings and recommendation of a funding source for street maintenance. He referred to a powerpoint presentation and discussed the development of a street maintenance funding plan; adoption of a street user fee ordinance; re- examination of existing dedicated sales tax uses; secondary recommendations; optimum funding level, minimum funding level, recommended funding level, user fee approach, estimated fee generation, and other funding sources. Minutes - Regular Council Meeting January 31, 2012 Page 7 PUBLIC COMMENT MayorAdame called for comments from the audience. David Fields, spoke about the street maintenance fee; Citizen, spoke about the street user fee; Joan Veith, spoke about the street maintenance user fee and an equitable system; Foster Edwards, CEO, Chamber of Commerce, spoke about . upcoming chamber. events; Jerry. Hartung, spoke about the enforcement of discharging firearms, Neil McQueen, spoke about proposing an ordinance banning single use plastic bag; Nick Maya spoke bout banning single use plastic bags; Cliff Schlabach, spoke about banning single use plastic bags. CITY MANAGER COMMENTS Mr. Olson introduced Yasmine Chapman, the new Human Resources Director. Ms. Chapman made remarks and stated that she looks forward to working for the City of Corpus Christi. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:52 p.m. on January 31, 2012. The City of Corpus Christi would contract with Nueces County for conduct of the elections and cost would be shared among with other Entites who are also holding their election in November 2012. In the last presidential election (Nov 2008), there were 8 other entities and the City's share was $139,730. Due to increase in costs, we are recommending $160,000 for the General; and $160,000 for the Runoff (if one is necessary). 2 a. ANIMAL CONTROL ADVISORY COMMITTEE — One vacancy with term to 5- 31 -13. 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. ORIGINAL MEMBERS TERMS APPTD. DATES Barbara E. Beynon (Animal Welfare) 5 -31 -14 9 -09 -08 William R. Schroeder (Comm. at Large), Chair 5 -31 -12 5 -09 -06 Dr. Nina M. Sisley (Comm. at Large) 5 =31 -12 7 -19 -11 ***Cheryl Martinez (Comm. at Large) 5 -31 -13 8 -18 -09 Heather Tarnoski (Comm. at Large) 5 -31 -13 8 -17 -10 Dr. Barbara Whitlock (Veterinarian) 5 -31 -13 8-17-10 Samantha Person (Animal Welfare/Shelter) 5 -31 -14 9 -09 -08 City Manager or Representative Ex- Officio, Nonvoting Annette Rodriguez, Dir. of Public Health Ex- Officio, Nonvoting Larry Bias, Supervisor, Animal Control Ex- Officio, Nonvoting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The appointee selected for this vacancy on 1131112 declined acceptance, therefore, the Animal Control Advisory Committee recommends the new appointment of Harold Bennett.) INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium and Mother Theresa's. (05/04/11) Harold Bennett Stephanie Cloutet Meredith Delano William M. Kramer, Jr. Anthony John Mulheron Michael Rivera Executive Director, Gulf Coast Humane Society. Attended college two years. Graduate of School of Biblical Studies. Worked in Management in contract Security Guard industry for 17 years. Activities include: Church of Christ, Gulf Coast Humane Society. (01/03112) Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7126/11) Head of English Department/English Teacher, Responsive Education Solutions — Premier High School. Received a Bachelor of Arts in English. Activities include: Junior League of CC, Sister City Committee, Art Museum of South Texas, Metro Ministries, Cattle Baron's Ball, Gulf Coast Humane Society, IFRE Intntl. Volunteers (Cuzco, Peru), and Fighting to Rid Gangs in America. (Will resign from Sister City Committee if appointed) (10/14111) 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. (6/17111) Quality Control Inspector, 13. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5102111) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently , volunteers for Pulmonary Hypertension Association. (12106111) b. CLEAN CITY ADVISORY COMMITTEE — Six (6) vacancies with terms to 7 -08 -12 and 7 -08 -13 to represent the following: 1 - Educator, 1 - Beautify Corpus Christi Association member, and 4 — Community At Large. DUTIES: To advise the City Council on recycling, litter, and other solid waste environmental issues of concern in the community. COMPOSITION:. The committee shall consist of eleven (11) members and shall be composed of the following: one (1) educator in a primary, secondary, or high school within the city; one (1) member of a Iocal Chamber of Commerce; one (1) commercial solid waste hauler; one (1) member of the Beautify Corpus Christi Association; and seven (7) community at large representatives. Of the initial members, six (6) members shall serve a two -year terra and five (5) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. MEMBERS ***Paul A. Castorena (Educator) Scot McCampbell Barker (Chamber) Brian Cornelius (Hauler) * *Daiquiri Richard (Beautify), Chair Paige Dinn (Comm. at Large) Lori Galan- Garcia (Comm. at Large) *Teresa Klein (Comm. at Large) *Juan Rodriguez (Comm. at Large) Joan Veith (Comm. at Large) ****Melissa Espitia (Comm. at Large) * *Ken Hobbs, Jr. (Comm. at Large) Director of Neighborhood Services Director of Environmental Services TERM 07 -08 -12 07 -08 -12 07 -08 -12 07 -08 -11 07 -08 -12 07 -08 -13 07 -08 -11 07 -08 -11 07 -08 -12 07 -08 -12 07 -08 -11 Ex- officio, non - voting Ex- officio, non - voting Legend: *Seeking reappointment * *Not seeking reappointment "*Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ORIGINAL APPTD. DATE 07 -08 -08 06 -09 -09 07 -08 -08 07 -08 -08 07 -08 -08 04 -12 -11 02 -24 -09 05 -11 -10 07 -08 -08 05 -11 -10 05 -11 -10 (The Clean City Advisory Committee is recommending the reappointments of Teresa Klein, and Juan Rodriguez, and the new appointments of Dan Wilkerson (Beautify CC Assn.), and Rebecca Lyons (Educator)). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Teresa Klein (Comm. at Large) 6 Juan Rodriguez (Comm. at Large) 6 NO. PRESENT 6 5 % OF ATTENDANCE LAST TERM YEAR 100% 83% OTHER INDIVIDUALS EXPRESSING INTEREST: Jonathan M. Barlow Sarah Lathrop Baugh Marjorie N. Boudreaux Kimberly Brumley Stephanie Cloutet Virginia A. Delgado Robert Franklin Parking Lot Attendant. Volunteers with Texas State Aquarium. (514/11) Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calalien Baptist Church, Junior League and Republican Party. (2125111) Director of Marketing & Communications, Goodwill Industries of South Texas. Received a BA in English from Texas A &M University — Corpus Christi. Activities include: American Marketing Association, Toastmasters International, and YWCA. (09115111) Coordinator for Professional Development, CCISD. Received MS from TAMU -CC and BS from TAMU- College Station. Former District & Campus Administrator and Classroom Teacher. Activities include: Delta Kappa Gamma Soc. Intntl. for Key Women Teachers, Learning Forward, Assn. for Supervision and Curriculum Development, GPS student mentor. Active in church, foster and adoptive parenting. (Educator) (04/15111) Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7126111) Human Resources Coordinator, Corpus Christi Medical Center. Received Associates in Business Administration from Del Mar College. Received BBA from Texas A &M University- Corpus Christi. Activities include: CCD Teacher, Hispanic Chamber of Commerce, Hispanic Women's Network of Texas, and Texas A &M University - Corpus Christi Student Accounting Society. (913109) Business Analyst/Project Manager, Navy Army Federal Credit Union. Received AS and BS in Business Management from Park University at Parkville, Missouri and MBA in Business Administration from Texas A &M University- Corpus Christi. Recipient of Navy and Marine Corps Commendation Medal and Achievement Medal. Currently Serves on the Human Relations Conunission. (7115109) John C. Gilbreath Issac Gonzales William M. Kramer, Jr. Rebecca Lyons Bryan Mayhood Retired. Attended Oklahoma State University at Stillwater, Oklahoma, East Los _Angeles College:... at Los Angeles, California, Tulsa Junior College and Langston University at Tulsa, Oklahoma. Activities include: South Texas Botanical Gardens, Nueces County Master Gardener, Corpus Christi Order of De Molay, Oso Naval Lodge, Corpus Christi Order of Eastern Star and Corpus Christi York Rite. Recipient of De. Molay. Legion of Honor. Served on Planning Commission and City Council in West Fork, Arkansas. (618111) Customer Service Representative, Signature Flight Support. Current College student majoring in Registered Nursing. Activities include: Special Olympics, Corpus Christi State School volunteer, former Mary Rhodes Memorial Committee. (11 /18111) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University- Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) High School English Teacher, Annapolis Christian Academy and Volunteer Coordinator, Coastal Bend Bays Foundation. Received a Bachelor's in Secondary English Education. Activities include: Toys for Tots, Clean Economy Coalition, various City, beach and park clean- ups. (Educator) (12107111) Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University - Corpus Christi. Activities include: Heart Walk Committee. (115111) Dr. Patricia Reinhardt Mondragon Education Consultant, Mathis ISD. Received a BA in History /Geography, an MA in Humanities, and a Doctorate in Education. Former Primary, Secondary and College Educator, and School Administrator. Activities include: Grant Writer — T.E.A. and N.E.A. Innovative Education Grant, T.E.A. recognized School Principal, Beautify Corpus Christi Association, Central Catholic Elementary Board Member, Artist and published Writer. (Educator) (10121111)_ Carolyn Moon Test Center Administrator, Prometric. Received a Masters in Education and a Master of Arts degree. Retired Educator. Activities include: multiple organizations, including environmental and social activism. (Educator) (12101111) -15- Raquel G. Richardson Michael Rivera Bradley D. Spillman Dan Wilkerson Laurie Wood Owner, Brinca! Received MPA from Texas A &M University - Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (6117111) Retired. Attended 2 years of college. Former work included General Manager with U.S. Government. Strong advocate for Pulmonary Hypertension Association. (12/06/11) Rental Agent, National Car Rental. Received MS in Management Information Systems and BBA from University of Missouri. Activities include: CCISD Volunteer Program. (11/30111) Personal Financial Representative, Allstate Financial Services, LLC. Activities include: Beautify Corpus Christi Association —Vice President. (Beautify CC) (4114111) Registered Nurse. Activities include: Clean Economy Coalition Community Outreach and Celtic Menagerie. (415110) c. ETHICS COMMISSION — One (1) vacancy with term to 10- 01 -12. (Requires 213 vote of the full Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council;.. review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two- thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice - chairperson. ORIGINAL MEMBERS TERM APPTD. DATE ***Linda Figueroa 10 -01 -12 05 -10 -05 Melvin Bohannon 10 -01 -12 10 -13 -09 William Strawn 10 -01 -14 06 -09 -09 Haysam D. Dawod 10 -01 -14 07 -20 -10 Laura Hebert 10 -01 -13 11 -13 -07 Jennifer Dragoo 10 -01 -12 10 -13 -09 Ken Bung 10 -01 -13 10 -12 -10 Harry Hallows 10 -01 -13 10 -12 -10 Larry L. White 10 -01 -14 11 -08 -11 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST: Stephanie Cloutet Margareta Fratila Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7126111) Owner, Margaret' s Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, _1 7 _ Jack Gordy Coretta Graham William M. Kramer, Jr. Joel S. Mumphord Randy Schnettler Sean Thorson Matthew J. Topelian 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. (6129111) Retired Military (E -7, Chief Petty Officer). Attended Del Mar College. (6/08111) Self - Employed, Attorney. Activities include: Junior League; Leadership Corpus Christi Alumni; Corpus Christi Chamber 40 under 40; BoldFuture; NAACP; Delta Sigma Theta CC Alumnae Chapter. (9/06111) Agent, Kramer Insurance Agency. Received a Bachelor's in Political Science from Texas A &M University- Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Retired, Encycle, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4128111) Sales Representative, South Texas Steel Services. Attended Houston Community College — 2 years. Worked in Oil & Gas Industry 20 years with some Commercial Builder experience. Activities include: City clean -up projects, Bay Area Fellowship Church. (02/06112) Sr. Mortgage Banker, Envoy Mortgage. Studied Business, at Bringham Young University. Received Ethics and Compliance Certification from WA State DFI, School of Mortgage Lending, Washington. Top Producer awards every year since 2000. Activities include: Founder of Pacific Coast Mortgage Dreams Charity, girls youth soccer coach, and former President of Sno =King Youth Club. (6108111) Supervisory Special Agent, Department of Homeland Security ICE Investigations. Received an Associate of Arts in Pre -Law, Bachelor of Science in Law Enforcement, and a Master of Science in Criminology. Activities include: Salvation Army Advisory Board; Church /Salvation Army missions and wheel chair ramp building team; and assists with blood drives for the Coastal Bend Blood Center. (3110111) Roger Vazquez Teaching Assistant, Texas A &M University- Corpus Christi. .,_ ,.Re.ceived a „Bachelor's _in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A &M University - Corpus Christi. (5118111) d. HUMAN RELATIONS COMMISSION — One (1) vacancy with term to 6- 14 -12. (Appointed by- the Mayor with the - approval ` of the City Council) (Since the term ends on 6- 14 -12, it is recommended the appointment be for a new three-year term ending 6- 14 -15) DUTIES: To study problems of group relationships within the City, and to devise and recommend to the Mayor and City Council ways and means of discouraging and combating prejudice, intolerance, and bigotry in all groups in their relations with one another; to discover all . practices and policies calculated to create conflicts and tensions, and to recommend ways and means of eliminating any unfair or unjust discrimination by or against any person or group. Recommendations may be presented to the Mayor and City Council directly by the Committee or it may instruct the Human Relations Administrator to present them to the City Manager. COMPOSITION: Sixteen (16) members, fourteen (14) of whom shall be appointed by the Mayor with approval of the Council to study problems of group relationships within the City; one who shall represent the selling of dwellings, one who shall represent the renting of dwellings and one member of the staff of the Legal Aid Society to serve continuously, and three (3) shall not be more than 20 years of age at time of appointment serving one -year terms. Eleven (11) members shall serve three -year terms. The chair of the commission shall be designated by the Mayor. The Chairperson of the Committee for Persons with Disabilities serving as an ex- officio voting member. ORIGINAL MEMBERS TERMS APPTD, DATES Ramiro H. Garnboa, Chairperson (6- 14 -12) 6 -14 -14 1 -15 -08 Kathleen (Katy) Cooper 6 -14 -14 2 -23 -10 Denise S. Villagran 6 -14 -13 6 -29 -10 ***Robert Adler 6 -14 -12 6 -22 -04 Edna Arredondo 6 -14 -12 8 -12 -08 Lucy Reta 6 -14 -12 6 -22 -04 Robert Franklin 6 -14 -14 8 -31 -10 Rev. Derrick Reaves 6 -14 -14 7 -11 -06 Elias Valverde 6 -14 -13 6 -29 -10 Margie Myers (Selling Dwellings) 6 -14 -13 7 -24 -07 Toni Cole Davis (Rental Dwellings) 6 -14 -12 7 -07 -09 Jacob Sendejar (Youth) 6 -14 -12 8 -12 -08 Brianna Mendiola (Youth) 6 -14 -12 6 -28 -11 Janet Zuniga (Youth) 6 -14 -12 6 -29 -10 Vacant (Comm. Per. Dis. Chair) Ex- officio (Voting) Carlos Aguinaga (Legal Aide Society), Continuous Legend: *Seeking reappointment **Not seeking r e a p p o i n t m e n t. . . . . . . . . . . . . . ** *Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Human Relations Commission is recommending the new appointment of Abel Alonzo to fill this vacancy.) INDIVIDUALS EXPRESSING INTEREST: Abel Alonzo Stephanie Cloutet Meredith Delano Almira Flores Margareta Fratila Issac Gonzales Retired. Community Activist. Founder of Nueces County "I Believe in Me" Foundation. Activities include: MHMR Board of Trustees, Regional Transportation Advisory Committee, Corpus Christi . Community Investment Corporation Loan Review Committee, Committee for Persons with Disabilities, West Side Business. Association. (11103111) Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7126111) Head of English Department/English Teacher, Responsive Education Solutions — Premier High School. Received a Bachelor of Arts in English. Activities include: Junior League of CC, Sister City Committee, Art Museum of South Texas, Metro Ministries, Cattle Baron's Ball, Gulf Coast Humane Society, IFRE Intntl. Volunteers (Cuzco, Peru), and Fighting to Rid Gangs in America. (Will resign from Sister City Committee if appointed) (10114/11) Radiology Technician, Christus Spohn Health Systems. Graduated from School of Radiology. Activities include: Coastal Bend Society of Radiology Technicians, World Affairs Council, So. Texas Institute of Arts, Women's Network of Texas, Community in. Schools, Diabetes Walk, Relay for Life, former Sister City Committee. (12122111) 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. (6129111) Customer Service Representative, Signature Flight Support. Current College student majoring in ,Registered Nursing. Activities include: Special Olympics, Corpus Christi State School volunteer, former Mary Rhodes Memorial Committee. (11118111) William M. Kramer, Jr. Monica Montalvo Joel S. Mumphord Michael Rivera Roger Vazquez Mary E. Wambach Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Insurance Agent/Owner, Farmers Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6116111) Retired, Encycie, Inc. Served in Law Enforcement. Activities include: Host of T.V. Show, Community Action Agency, Molina Neighborhood Day Care, HIALCO President. (4/28111) Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently volunteers for Pulmonary Hypertension Association. (12106111) Teaching Assistant, Texas A &M University - Corpus Christi. Received a Bachelor's in Psychology from University of Texas at Austin and Master's in Clinical Psychology from Texas A &M University- Corpus Christi. (5118111) Executive Director, The Deaf and Hard of Hearing Center, Corpus Christi, TX. Received a BA in Psychology from New York University, N.Y.C., Attended Rochester Institute of Techonology, Rochester, NY. Previous activities include: Assn. of Indep. Living Centers in NY, Dutchess County N.Y. Human Rights Commission, National Council on Independent Living, Massachusetts Governor's Advisory Committee on Disability, MA Council on Human Service Providers, Maricopa County AZ Workforce Connections, City of Phoenix, E.O.D./Compliance and Enforcement Div. — ADA Consultant, City of Phoenix, Youth Diversity Grant Review Team, County of San Diego, Long -Term Care/Mental Health Committee, United Way of Rhode Island, RI State Rehabilitation Commission, RI Developmental Disabilities Council/Cross Disability Network, Co- Founder: RI Voices for Equal Representation (RIVER). Previous colleague of TX. Dept. of Assistive & Rehabilitative Services (DARS), Sorenson and PURPLE Communications, CSD, Z and other entities. (12119111) e. LANDMARK COMMISSION — Seven (7) vacancies with terms to 11 -20 -12 and 11 -20 -14 to represent the following: 1 - Title Search, 1 -- Historian, 1— History Teacher, .1 - Engineer, 1 — Real Estate, and 2 — Regular Members. (Staff is recommending postponement of the Title Search category pending recruitment of additional applications.) DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one .(1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS * * * * Kris Cardona (Title Search) Laura Commons (Real Estate) Dr. Mark Robbins (Historian) *****Anita Eisenhauer (Historian) Anthony Gavlik (Regular Member) Karen Howden (Regular Member) John M. Olson (Architect) Christina Crouse (History Teacher) Kim Charba (Regular Member) *James E. Klein (History Teacher) *****Craig Thompson (Engineer), Chair *Leo Rios (Real Estate) ****Susie Rucker (Regular Member) *Marie Guajardo (Regular Member) Herb Morrison (Architect), Co -Chair Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERM 11 -20 -12 11 -20 -12 11 -20 -12 11 -20 -11 11 -20 -13 11 -20 -13 11 -20 -13 11 -20 -14 11 -20 -13 11 -20 -11 11 -20 -11 11 -20 -11 11 -20 -13 11 -20 -11 11 -20 -12 ORIGINAL APPTD. DATE 7 -07 -09 12 -15 -09 12 -15 -09 12 -12 -06 11 -09 -10 11 -09 -10 11 -09 -10 10 -20 -11 7 -07 -09 11 -11 -08 3 -02 -04 2 -19 -08 2 -19 -08 3 -11 -08 3 -02 -04 (The Landmark Commission is recommending the realignment of Regular Member Karen Howden to Historian. Recommended reappointments are Dr. James Klein (History Teacher), Leo Rios (Real Estate) and Marie Guajardo (Regular Member). They are also recommending the new appointments of Eric Villarreal (Civil Engineer), and the following as Regular Members: Armando Mendez, Timothy Craig and Jonathan Barlow.) -23-- ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. THIS TERM Dr. James Klein (History Teacher) 8 Leo Rios (Real Estate) 8 Marie Guajardo (Regular Member) 8 OTHER INTERESTED INDIVIDUALS: NO. PRESENT 7 5 6 % OF ATTENDANCE LAST TERM YEAR 88% 63% 75% Jonathan Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (514111) Timothy S. Craig Margareta Fratila Issac Gonzales Karen Howden William M. Kramer, Jr. Armando Mendez Pipefitter, Kiewitt Offshore Services. Received A.A.S. in drafting technology from The Victoria College. Resident of Corpus Christi area 36 years. (216112) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master, of Arts 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. (6129111) Customer Service Representative, Signature Flight Support. Current College student majoring in Registered Nursing. Activities include: Special Olympics, Corpus Christi State School volunteer, former Mary Rhodes Memorial Committee. (11118111) Retired American History Teacher, Flour Bluff Independent School District. Received BS in Education from Corpus Christi State University. Activities include: Nueces County Historical Commission and Texas Outdoor Education Association. Recipient of 2005 Region 2 Education Service Center Regional Secondary Teacher of the Year. (Historian) (1217109) Agent, Kramer Insurance Agency. Received a Bachelor's in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Material Logistics Analyst, Honeywell Aerospace. Received a BBA in Economics, a Post - Bachelors BBA and —24— MBA in Finance from Texas A &M University - Corpus Christi:- =:Activities include: Sigma Phi -Epsilon Alumni Texas Chi Chapter. Former activities included: Student Economics Association, It's About Tune CC Development Committee, College of Republicans. Awards included: Sr. Marshall Sigma Phi Epsilon, Leadership Award with Sigma Phi Epsilon. (05102111) Sr. Mortgage Banker, Envoy Mortgage. Studied Business, at Bringham Young University. Received Ethics and Compliance Certification from WA State DFI, School of Mortgage Lending, Washington. Top Producer awards every year since 2000. Activities include: Founder of Pacific Coast Mortgage Dreams Charity, girls youth soccer coach, and former President of Sno -King Youth Club. (6108111) Project Manager, LNV, Inc. Received B.S. in Civil Engineering from Texas A &M University — Corpus Christi, Reg. P.E. licensed in Texas. Activities include: Leadership Corpus Christi XL, American Society of Civil Engineers (ASCE), Texas Society of Professional Engineers (TSPE), Youth Sports Coach — Santa Fe Soccer, Upward Basketball, National Little League. (Civil Engineer) (01119/12) LEADERSHIP COMMITTEE FOR SENIOR SERVICES — Eight (8) vacancies with terms to 2-01-13 and 2-01-14 representing the following: '`2 Direct -Service Agency, 1 — Senior Center, and 5 — Community Representatives. DUTIES: To assist the Senior Community Services division staff in the development of comprehensive senior citizens program plans; to advise the SCS division staff of the needs for services according to Locally conceived priorities; to review and evaluate SCS operations; to increase recognition of volunteers and public awareness of the division by coordinating and planning special events; and to coordinate and plan fund raising activities to benefit SCS division goals. COMPOSITION: Fifteen (15) members representing the following categories: 2 - Senior center participants, 3 - Direct service agencies, and 10- Community representatives. Initially, eight (8) members shall be appointed for a term of one -year and seven (7) members shall be appointed to two -year terms. ORIGINAL MEMBERS TERM APPTD. DATE ***Lindsey Edwards (Agency) 2 -01 -13 7 -21 -09 Henry Edward Savoy (Community) 2 -01 -13 2 -08 -11 * *Maria Clarissa Lopez (Agency) 2 -01 -12 12 -15 -09 Patricia Byrd (Senior Ctr.) 2 -01 -13 7 -21 -09 *Esperanza "Hope" Lopez (Senior Ctr.) 2 -01 -12 2 -23 -10 *Vicki N. Garza (Community) 2 -01 -12 8 -26 -08 Willie R. Hardeman, Sr. (Community) 2 -01 -13 7 -26 -11 Billy Ray Sayles (Community) 2 -01 -13 7 -06 -10 *Ida Alvarado Hobbs (Community) 2 -01 -12 7 -06 -10 Dotson G. Lewis, Jr. (Community), Chair 2 -01 -13 4 -08 -08 ***Cecilia G. Huerta (Community) 2 -01 -12 2 -24 -09 Jose R. Villanueva (Community) 2 -01 -13 2 -08 -11 Gloria Gooding (Agency) 2 -01 -13 7 -06 -10 * *Felix Zavala, Jr. (Community) 2 -01 -12 2 -08 -11 *Adelfa M. Martinez (Community) 2-01-12 2 -24 -09 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences 'allowed by ordinance *****Has met six -year service limitation (The Leadership Committee for Senior Services is recommending the reappointments of Esperanza Lopez (Senior Ctr.), and three (3) Community Reps., Vicki Garza, Ida Hobbs, and Adelfa Martinez. They are also recommending the new appointments of Breanna Rye (Agency), Maricela Rivera (Agency), Cindi Mutchler (Community), and Kenneth Mutchler (Community). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Esperanza Lopez (Senior Ctr.) Vicki Garza (Community) Ida Hobbs (Community) Adelfa Martinez (Community) NO. OF MTGS. THIS TERM 9 9 9 :..9_ OTHER INTERESTED INDIVIDUALS: Ron Antosko Jonathan Barlow William M. Kramer, Jr. Anne F. Lee Cindi Mutchler Kenneth Mutchler Maricela Rivera • Breanna Rye NO. PRESENT 9 8 9 7 (2 exc.). %. OF ATTENDANCE LAST TERM YEAR 100% 89% 100% 78% Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (Community) (7112/11) Parking Lot Attendant. Volunteers with Texas State Aquarium. (Community) (514/11) 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. (Community) (6117111) Politically Active. Activities include: A.A.R.P., R.C. Sultanas Women's Organizations and Church Oriented Groups. (Community) (1/3/11) Co- Pastor, Immanuel Fellowship Church. Activities include: Co- Director, Healing Rooms of Corpus Christi. (Community) (11115111) Pastor, Immanuel Fellowship Church. Activities include: Co- Director, Healing Rooms of Corpus Christi. (Community) (11115/11) Programs Director, The Deaf and Hard of Hearing Center. Received an Assoc. of Applied Science (AAS) degree as Interpreter for the Deaf, and Board for Evaluation of Interpreters (BEI) Certified Interpreter for the Deaf. Activities include: Texas Society for the Deaf, Corpus Christi Interpreters for the Deaf. (Agency) (12/21 /11) Market Practice Specialist, WellMed Medical Management. Received a BS in Communications (PR emphasis) from Southwest Texas State University. Activities include: marketing and community outreach efforts for WellMed in the Corpus Christi region; a medical group focused on providing quality healthcare for seniors. (Agency) (12/22111) _27_ 3 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 2/14/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 Award of a supply agreement: Food Items (CBCOG -12 -1) CAPTION: Recommendation: Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Governments Bid Invitation No, CBCOG -12 -1 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six month expenditure of $172,625.43. The terms of the contracts shall be for six months with options to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or designee. Funds are available through the Meals on Wheels Grant. LaBatt Food Service Corpus Christi, Texas 140 Line Items $79, 724.63 Perfommance Food Group Victoria, Texas 105 Line Items $92,900.80 Grand Total: $172,625.43 BACKGROUND AND FINDINGS: Each year the City receives funds from State and Federal grants. Several grants are structured to support the elderly in the community. These food items will be used by Senior Community Services for the Elderly Nutrition Program. The food is prepared at the Senior Community Service Kitchen and served at the Senior Citizen Centers and also delivered to households throughout the City. Approximately 129,162 meals will be prepared and served over the six month contract period. ALTERNATIVES: The bids submitted by LaBatt Food Service and Performance Food Group meet all of the City's bid requirements. OTHER CONSIDERATIONS: Not applicable:-... CONFORMITY TO CITY POLICY: This supply agreement conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Senior Community Services FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $361,549.00 $0.00 $361,549.00 Encumbered / Expended Amount $0.00 $81,424.99 $0.00 $81,424.99 This item $0.00 $172,625A3 $0.00 $172,625.43 BALANCE $0.00 $107,498.57 $0.00 $107,498.57 una(s): Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager COUNCIL OF GOVERNMENTS- STAPLES, MEAT & OTHER FROZEN FOODS SENIOR COMMUNITY SERVICES Council Date: January 31, 2012 Award Summary: CBCOG -12 -1 LABATT FOOD SERVICE Corpus Christi, Texas One hundered and forty (140) line items consisting of canned fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, juices, oil & shortening, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, breads, dairy, Performance Food Group Victoria, Texas One hundered and five (105) line items consisting of canned fruit, dried fruit, canned vegetables, dried vegetables, canned meat, condiments, dressing, relishes, soup & bases, spices, starches and pasta, sugar & products, miscellaneous, beef, pork, poultry, prepared products, frozen vegetables, breads, dairy, frozen meals $79,724.63 $92,900.80 Grand Total: $172,625.43 4 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 2/14/2012 TO: FROM: Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com Sludge Dewatering Polymer CAPTION: Recommendation: Motion approving supply agreements with. Polydyne Inc., Riceboro, Georgia for sludge dewatering polymer to be used at the wastewater treatment plants in accordance with Bid Invitation No. BI- 0030-12, based on only bid for an estimated twelve month expenditure of $157,412.00 of which $78,706.02 is required for the remainder of FY 2011 -2012. The term of the contract will be for twelve months with option to extend for up to two additional twelve month periods subject to the approval of the supplier and the City Manager or designee. Funds have been budgeted by the Wastewater Department in FY 2011 -2012. BACKGROUND AND FINDINGS: This chemical will be used by the Wastewater Department to treat wastewater effluent. ALTERNATIVES: Not Applicable CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,642,030.00 $1,642,030.00 $652,933.24 $78,706.02 $910,390.74 Encumbered / Expended Amount $652,933.24 This item $78,706.02 BALANCE _ $910,390.74 und(s): Wastewater Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BID TABULATION — is attached. Approvals: Veronica Ocaf as, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Bid Invitation No.: BI- 0030 -12 Sludge Dewatering Polymer Buyer: Gabriel Maldonado Date: January 31, 2012 ITEM DESCRIPTION QTY. UNIT CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION POLYDYNE INC. RICEBORO GA Unit Price Extended Price 1.0 Sludge Dewatering Polymer 1.1 Deliver to Allison Treatment Plant 4104 Allison Dr. 1.2 Deliver to Broadway Treatment Plant 1402 W. Broadway 1.3 Deliver to Greenwood Treatment Plant 6541 Greenwood Dr. 1.4 Deliver to Laguna Madre Treatment Plant 201 Jester 1.5 Deliver to Oso Treatment Plant 601 Nile Dr. 1.6 Deliver to Whitecap Treatment Plant 13409 Whitecap Blvd. 14,400 Pounds $1.18 $16,992.00 15,600 Pounds 1.18 18,408.00 39,000 Pounds 1.18 46,020.00 6,900 Pounds 1.18 8,142.00 55,200 Pounds 1.18 65,136.00 2,300 Pounds 1.18 2,714.00 Total $1 57,412.00 5 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/19/2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health An n ette r @cctexas. com 361- 826 -7205 2012 Tuberculosis Prevention and Contrail CAPTION: A. Resolution authorizing the City Manager or designee to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. B. Ordinance appropriating a grant of $61,735 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis; and declaring an emergency. BACKGROUND AND FINDINGS: A grant from the Texas Department of State Health. Services in the amount of $61,735 is appropriated in the No. 1066 Health grants fund for the elimination and control of tuberculosis. The contract provides the Health District with financial assistance for expenses to support services to individuals who have tuberculosis or those who have a high risk of developing tuberculosis. The contract period is from January 1, 2012 to December 31, 2012. ALTERNATIVES: Discontinue the elimination and control of tuberculosis OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and appropriation of grant funds. EMERGENCY INON- EMERGENCY: Resolution and ordinance will be acted on in one reading. —43— DEPARTMENTAL CLEARANCES: Legal Finance - Federal Gfant and Office-of Mar7ag'ement and Budget. FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only} Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item 61,735 61,735 BALANCE 1 und(s): Health Grant Fund Comments: No match funding required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Resolution / Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution authorizing the City Manager or designee to accept a grant of $67-,7-35 froinl a Texas Department of S'tafe`Heaf i Serviices -:-- to provide for the elimination and control of tuberculosis and execute all related documents; and to ratify acceptance of the grant to begin as of January 1, 2012. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,., THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $61,735 from the Texas Department of State Health Services to provide for the elimi- nation and control of tuberculosis and to execute all related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of January 1, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 11, 2012 Eliz h R. Hundley As ant City Attorney for the City Attorney Joe Adame Mayor EHres305 TB Grant Fed 2012 20120111 Page 1 of 2 -45- Corpus_ Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Ordinance appropriating a grant . of $61,735 from the Texas Department Or State Health Services- in the No °1 066 Health Grants Fund to provide for the elimination and control of tuberculosis; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Grant funding in the amount of $61,735 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide for the elimination and control of tuberculosis. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of-and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 11, 2012 Eliza • - h R. Hundley Assis *nt City Attorney for the City Attorney Joe Adame Mayor EHord354 TB Grant Fed 2012 20120111 Page 1 of 2 —47— Corpus Christi, Texas Day of , 2012 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 Kelley Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott DATE: TO: FROM: AGENDA MEMORANDUM. -- for the City Council Meeting of: Presentation January 31, 2012 Action February 14, 2012 January 31, 2012 Ronald L. Olson, City Manager Dan B. Biles, P.E., Interim Director of Engineering Services / — Fox visas Oct, .� DanBCccctexas.cgm,, (361) 826 -3781, Fred Segundo, Aviation Director FredS@octexas.com (361) 289 -0171 Ext. 1213 Approval of Change Order 3: Corpus Christi International Airport Terminal Rehabilitation /Federal Inspection Station Project PURPOSE: Motion authorizing the City Manager or designee to execute Change Order No. 3 to the Construction Contract with Barcom Commercial, Inc.. of Corpus Christi, Texas, in the amount of $119,878.83 for a restated not to exceed contract fee of $3,416,939.48 for the Corpus Christi international Airport Terminal Rehabilitation /Federal Inspection Station Project. BACKGROUND AND FINDINGS: Change Order 3 includes modifications requested by Customs and Border Patrol, Aviation tenants, the Aviation Department and due to unforeseen conditions, The changes include: • Addition of lavatory and ice maker for Southwest Airlines; • Unforeseen sub -floor conditions requiring additional work; • Installation of electrical power for ice maker and instant water heater; • Additional data/telecommunications between Customs /Border Patrol workstations and LAN Room; • Additional pan /tilt/zoom camera locations; • New handicap ramp; • Revisions to lighting and circuitry; • Information technology work requested by Customs /Border Patrol in LAN room; • Various door modifications; and • Revisions to HVAC in 3 holding cells and 2 interview rooms. The change order includes $22,103.13 in credits for materials re- testing, non - installation of equipment made possible by use of existing LAN room and cameras, and liquidated damages. A summary of the change order is attached as Exhibit A. ALTERNATIVES: Failure to approve the change order would reduce efficiency of work spaces for Customs /Border Patrol, aviation tenants, and require the work to be done under a separately bid contract. FINANCIAL IMPACT: o Not Applicable a Operating Expense Revenue X CIP FISCAL YEAR: 2011-2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $4,300,288.65 $119,578.83 $4,419,867.51 $4,111,322.65 Encumbered /Expended Amt. $4,111,322.65 This item $119,578.83 $119,578.83 BALANCE FUNDS: Aviation CIP Comments: FAA is providing 95% of the funding for this change order. RECOMMENDATION: City staff recommends the motion be adopted as presented. CONFORMITY TO CITY POLICY: The recommended action conform to statutes regarding change orders and the FY2D11 -2012 Capital Budget. The project is part of the adopted FY2010 -2011 Capital Improvement Plan (AV #01). EMERGENCY 1 NON - EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Aviation Department. LIST OF SUPPORTING DOCUMENTS: Exhibit A: Change Order Summary Exhibit B: Project Budget Exhibit C. Location Map Cc: Veronica Ocarias, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager • DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET January 31, 2012 PROJECT: CCIA Terminal Rehabilitation and Federal Inspection Station APPROVED: City Council on 9/21/10 - Motion No. M2010 -224 CONTRACTOR: Barcom Commercial, Inc. 5826 Bear Lane Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT 25% Limit Amount Change Order No. 1 (5/10/11) Change Order No. 2 (6/10/11) Change Order No. 3 (1/31/12) Total • 3,231,000.00 807,750.00 48,021.70 1 8,338.95 119,578.83 185,939.48 = 5.75% c 25% Exhibit A Page lof1 PROJECT BUDGET CORPUS CHRISTI INTERNATIONAL AIRPORT TERMINAL REHABILITATION & FEDERAL INSPECTION STATION Project No. E09046 January 31, 2012 FUNDS AVAILABLE: FAA Grants Aviation CIP Funds 4,413,888.57 603, 986.59 4,413,888.57 FUNDS REQUIRED: Construction (Barcom Commercial).,. 3,231,000.00 ChangeOrder No. 1 ........................................... ............................... 48,021.70 Change Order No. 2 18,338.95 Change Order No. 3 ...................... .......................... .................... 119,578.83 Contingencies...... 180,000.00 Consultant Fees: Consultant, (Jacobs Engineering) ...... 738,367.50 Construction Management/Inspection (included in Consultant Fee) Geotechnical Services Materials Inspection & Testing (Est.) 17,594.50 Reimbursements: Engineering, Traffic Engineering, Finance, Advertising, etc. Total...... -54- . 58,000.00 4,410,901.48 Variance 2,987.09 Exhibit B Page 1 of 1 FiIe : \Mproject\councilexhibits\exh09046C.dwg 624 • CORPUS Down- RAN McGLOIN RD. LOCATION MAP •I NOT TO SCALE HWY L4 r • . --- '-,1/21 -- • L - • • 11 \ 1 ..... „ -.. \ 4- -_____-----, ..., ... CORPUS CHRISTI --' .• - --'114 TER 14417 a AL '.4IRPORT. • \ ' \\ ).:7-.:7::---- •,• . \ .• \\\ \'‘ \ •-, \ \:•.. \ . =,F \, ("--:---".: . -.• .......---_____-1,..._._ ••-■:•21 , MCGLOIN PC' f..: y.• SITE LOCATION NOT TO SCALE PROJECT # E09046 Corpus Christi International Airport Terminal Building Rehabilitation -55- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: I of 1 11■Er =M■ =MI 70 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/13/2012 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police rbadaracco@cctexas.com 886 -2603 CAPTION: Appropriating grant funds for Operation Stonegarden Ordinance appropriating $140,869.80 from Nueces County for funding eligible under the FY2010 Department of Homeland Security Grant Program Operation Stonegarden Grant, in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress to including (but not limited to) U. S, Highway 77 and State 'Highway 44. BACKGROUND AND FINDINGS: The Nueces County Sheriffs Office has received funding to enhance the U.S. Border Patrol's strategy to enhance cooperation and coordination among Federal, State and Local agencies in a joint mission to secure the United States borders. As a participating entity with Operation Stonegarden, the Nueces County Sheriffs Office, with the assistance of the police departments from Corpus Christi, Robstown, Driscoll and the Nueces County Constables of Precinct 3 and 5 will increase enforcement efforts along identified routes of ingress and egress to include (but not limited to) U. S, Highway 77 and State Highway 44. These are two primary routes utilized by the criminal element to further their illegal entry and smuggling activities to locations within the United States. The end result of the additional enforcement should show a significant impact on the ability of criminal organizations to operate with the Rio Grande Valley. The Police Department will work 2,476.77 hours of overtime and purchase two handheld laser radars. Each month, officers timesheets, signed overtime sheets, and worksheets will be provided to Nueces County who in turn will submit the reimbursement paperwork to FEMA, they will review it and send the check to Nueces County. The Nueces County's Accounts Payable division will process payment to City of Corpus Christi. Grant funds are available through July 31, 2012. ALTERNATIVES: Not to accept the grant. This will lessen the enforcement efforts of the Police Department on illegal entry and smuggling activities. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Finance Federal Grants FINANCIAL IMPACT: Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $140,869.80 $140,869.80 BALANCE $140,869.80 $140,869.80 Fund(s): Police Grants Comments: RECOMMENDATION: Approval to appropriate the funds. LIST OF SUPPORTING DOCUMENTS: Approvals: Trisha Dang, Assistant City Attomey Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Ordinance appropriating $140,869.80 from Nueces County for funding eligible under the FY2Q10 Department of Homeland Security Grant Program, Operation Stonegarden Grant, in the No. 1061 Police Grants fund to reimburse fuel, overtime, fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U.S. Highway 77 and State Highway 44. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.. That $140,869.80 is appropriated from Nueces County for funding eligible under the FY2010 Department of Homeland Security Grant Program, Operation Stonegarden Grant, in the No. 1061 Police Grants fund to reimburse fuel, overtime,- fringe benefits, and equipment expenditures for the Police Department's collaborative enforcement efforts with Nueces County along routes of ingress and egress including (but not limited to) U.S. Highway 77 and State Highway 44. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to for . nuary 13, 2012 T. risha Dang Assistant City Attorney For City Attorney That the foregoing ordinance was read for the first time and passed to its second reading on this the I S•t day of (173 rufitri , 2012, by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo Priscilla G. Leal chity °uae 1, David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: By: Carlos Valdez for the City Attorney 8 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 - DATE: 1/16/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 CAPTION: PUBLIC HEARING — CHANGE OF ZONING Humberto Avalos (Case No 1011 -01) Change from "RM -3" Multifamily to "II" Light Industrial Property Addresses: 129, 133, 137, 141 Osage Street. PUBLIC HEARING — ZONING Case No. 1011 -01: Humberto Avalos: The applicant is requesting a change of zoning from the "RM -3" Multifamily 3 District to the "IL" Light Industrial District, resulting in a change of future land use. The property to be rezoned is Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. Planning Commission and Staffs Recommendation: At the December 7, 2011 Regular Planning Commission Meeting, the Planning Commission recommended denial of the change of zoning to the "IL" Light Industrial District. BACKGROUND AND FINDINGS: • Issues raised by Staff include: o Crushing of cars onsite via large concrete block dropped by crane o Storage of crushed cars on flatbed trailers o Trailers stored on City right-of-way o Non- compliant fence that also encroaches into City right -of -way. o Disposal of hazardous chemicals into grounds and storm water system. o Parking of vehicles on a non - improved surface. • The business has already conducted several operations such as salvaging and crushing of vehicles within the portion of "IL " Light Industrial district, however crushing and salvaging requires the "IH" Heavy Industrial zoning district. • The surrounding properties are residential and an expansion of industrial zoning is not compliant with the Future Land Use Map and Westside Area Development Plan. • The requested change of zoning to the "IL" Light Industrial District is intense and intrusive to the surrounding single - family residential environment. • The commercial parking will require buffer yards including landscaping, and a screening fence. K: 1LegaAASHAR .ED\LEGAL- DEV.SVCS12012 Agenda11011 -01, Humberto Avalos \QI6 -2012. 1011 -01 Humberto Avalos, Agenda Memo REVISED by EAM.docx City Council Executive Summary Memorandum Humberto Avalos (Case No. 1011 -01) Page 2 • The property owner is responsible for mitigating the current and future "spillover effects." Such effects include noise, dust, and visual blight. • If the request is solely for the purpose of commercial parking, then an "ON" Office District is the least intense district and a more viable option than the "IL" Light Industrial District. ALTERNATIVES: • Approval of the Change of Zoning to the "IL" Light Industrial District. • Denial of applicant's request. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Westside ADP both encourage expansion of industrial development. However, proposed development should occur in the appropriate areas and not adjacent to single - family residences. Specifically the Westside ADP mentions that industrial properties should minimize "spillover effects" of the use. Such effects include, noise, dust, and visual blight. EMERGENCY! NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE und(s): Comments: IC:\ LegaI \SHAREDILEGAL- DEV.SVCS12012 Agenda11011 -01, Humberto Avaios\Ql 6 -2012, 1011 -01 Humberto Avalos, Agenda Memo REVISED by EAM.docx City Council Executive Summary Memorandum Humberto Avalos (Case No. 1011 -01) Page 3 RECOMMENDATION: Planning Commission and Staffs Recommendation: Denial of the change of zoning to the "IL" Light Industrial District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager K:1LegalISHARED \LEGAL- DEV.SVCS12012 Agenda 11 011-01, Humberto Avainopi71 ti - ')ni /, 1011 -01 Humberto Avalos, Agenda Memo REVISED by EAM.docx ZONING REPORT Case No.: 101 1 -01 Original Planning Commission Hearing Date: November 9, 2011 Tabled to Planning Commission Hearing Date: December 7, 2011 Applicant & Legal Description Applicant/Owner: Humberto Avalos Representative: Sylvia Salazar Legal Description/Location: Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street. -, -: Zoning Request From: "RM -3" Multifamily 3 District To: "1L" Light Industrial District Area: 0.68 Acres Purpose of Request: To allow for the operation of a commercial parking lot. Existing Zoning and Land Uses Traffic Volume 2011 Existing Zoning District Existing Land Use Future Land Use Site "RM -3" Multifamily 3 Vacant Low Density Residential North "IL" Light Industrial Light Industrial Low Density Residential South "RS -6" Single - family 6 Low Density Residential Low Density Residential East "RM -3" Multifamily 3 Medium Density Residential Medium Density Residential West "RM -3" Multifamily 3 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for Iow density residential uses. The proposed change in zoning to the "IL" Light Industrial District is not consistent with the Westside ADP and the adopted Future Land Use Map. Map No.: 048,043 Zoning Violations: Salvage operations, crushing of vehicles, disposal of hazardous materials. Staff's Summary: • Requested Zoning: The purpose of the requested "IL" Light Industrial District is to allow for a commercial parking lot to serve the employees and customers of the business. • Transportation and Circulation: The subject property fronts upon Osage Street, a local street. To the north is Agnes, a designated secondary arterial street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2011 Osage Street 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A Agnes Road 100' R.O.W., 54' paved 100' R.O.W., 54' paved A2 Arterial 8,202 • Relationship to Smart Growth: The proposed change of zoning to create a commercial parking lot would not require additional infrastructure, therefore would have minimal to impact regarding to one aspect of smart growth. The proposed change of zoning does not correspond to the proposed future development of this area. In fact, the proposal creates a further encroachment of industrial activities into a residential area. • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: —68— Zoning Report Case #: 1011 -0I, Humberto Avalos Page 2 The Comprehensive Plan and the Westside Area Development Plan (ADP) slates the subject property for Iow density residential uses. The proposed' change in-zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Westside ADP both encourage expansion of industrial development. However, proposed development should occur in the appropriate areas and not adjacent to single- family residences. Specifically the Westside ADP mentions that industrial properties should minimize "spillover effects" of the use. Such effects include, noise, dust, and visual blight. Plat Status: Subject property is platted. Department Comments: • Issues raised by Staff include: o Crushing of cars onsite via large concrete block dropped by crane o Storage of crushed cars on flatbed trailers o Trailers stored on City right -of -way o Non - compliant fence that also encroaches into City right -of -way. o Disposal of hazardous chemicals into grounds and storm water system. o Parking of vehicles on a non - improved surface. • The business has already conducted several operations such as salvaging and crushing of vehicles within the portion of "IL" Light Industrial district, however crushing and salvaging requires the "al" Heavy Industrial zoning district. • To emphasize, the surrounding properties are residential and an expansion of industrial zoning is not compliant with the Future Land Use Map and Westside Area Development Plan. • The requested change of zoning to the "]L" Light Industrial District is quite intense and intrusive to the surrounding single - family residential environment. • The commercial parking will still require buffer yards including landscaping, and a compliant screening fence. • The property owner is still responsible for mitigating the current and future "spillover effects." Such effects include noise, dust, and visual blight. • If the request is solely for the purpose of commercial parking, then an "ON" Office District is the minimum district required and may be a more viable option than the "IL" Light Industrial District. Staff Recommendation: Denial of the change of zoning to the "IL" Light Industrial District. Planning Commission. Recommendation: Denial of the change of zoning request. Number of Notices Mailed Total — 49 within 200' notification area 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of November 4, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:1DevelopmentSvcs\SHAREDI1. Planning Commission12011 PC12011 Zoning ReportslOct. 2011\Zoning Case No. 101 1 -01, Humberto Avalos (RS -6 to 1L).doc —6 9— tE1L tad 10 _.._: M16771- I MEM II1 Mal EWE mgcal MEM 4 26 :as =ma IIIME EvirTNENEMIE NEETIO MEM Man MISMIAWIS INETVIEIFFSE Eirrmwrin minzionm IORPROBTAI MEETAAMIMI weralawrmi inumErnim rirrinimm EFFfil INFFAM MIME INITEIMMEI MEM 43 40 — 438 ._...__ s ..n k .............__.._. _......___ __. _..._.. .r r MINTERE ERMINE EIMER WWI MIMEO wirms wris arm moan METRO mum nom Immo orrr(ssl'bbr requ 717611 0771001Y17 jl o 4 D SUBDIVISION d a 1 x5 1, :; I E6,4 VHF 10 Wyaj W FF 4 2 Y ern nuw J ca 1 a n 154 x ZS Q W 1O4 r N q w 171 F } r° ww c a lewt g W Za ° Ott �Y W M 0c Gy , W LJm Zijj 2 mu F¢ _. E x I- ¢ ELL ° caig 0L oau cob S VP. Umtl U aC W,4 N. 09 n N y4�' 7 Z° = W 0. mWm ° w W � g El u 3 n CELANESE RESEARCH J _Ordinance amending the Unified Development Code (UDC), upon application by Owner, Humberto Avalos, by changing the UDC zoning map in reference to Meadow Park Block 2, Lots 1, 2, 3, and 4, from the "RM -3" Multifamily 3 District to the "IL" Light 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 Humberto Avalos, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 7, 2011, during a meeting of the Planning Commission, and on Tuesday, February 14, 2012, 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 Meadow Park Block 2, Lots 1, 2, 3, and 4, located south of Agnes Street, west side of Osage Street, from the "RM -3" Multifamily 3 District to the "IL" Light Industrial District, resulting in a change of future land use (Zoning Map 048,043) (Exhibit "A" - Applicant's Request). 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. 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. Page 2 of 3 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 , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This /2 day of eborah Walther Brow Assistant City Attorney For City Attorney , 2012 K:1 Legal1SHAREDILEGAL- DEV.SVCS22012 Agenda11011 -01, Humberto Avalos101 -12 -12 1011 -01, Humberto Avalos DRD, Applicant's request, by EANE, FINAL.docx —73— Corpus Christi, Texas Day of , 2012 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 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott f efL TrH5 J1'Nita TR .CASE: 1011-.0f :Exhibit A • Applicant's Request Ordinance No. DATE: TO: THRU: AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 1/6/2012 Ronald L. Olson, City Manager Eddie Ortega, Director of Neighborhood Services fO EddieO @cctexas.com 361- 826 -3234 THRU: Rudy Bentancourt, Interim CD Administrator', RudyB @cctexas.com 361- 826 -3021 CAPTION: Public hearing regarding "Substantial Amendment" to FY08 CAAP and a motion to amend the FY08 CAAP. A. Public hearing to receive public comments regarding an amendment to the FY08 Consolidated Annual Action Plan approved by the U. 5. Department of Housing and Urban Development (HUD) by reallocating funding from FY08 Community Development Block Grant - Recovery (CDBG -R) Administration Costs to the CDBG -R approved project for Neighborhood Centers. B. Motion to authorize the City Manager or designee, following the conclusion of the public comment period required by the U. S. Department of Housing and Urban Development (HUD), to amend the FY08 Consolidated Annual Action Plan by reallocating $33,463.22 from the Community Development Block Grant - Recovery Administration Costs to Neighborhood Centers and to execute all necessary documents with HUD and Neighborhood Centers as may be required to complete the project. BACKGROUND AND FINDINGS: Per HUD and the City of Corpus Christi's (City) 5 year Consolidated Annual Action Plan (CAAP), Substantial Amendments are required to amend each CAAP which will trigger a comment period once motion is approved. A "Substantial Change" is defined by the City to be: 1). A proposed new activity which cannot reasonably be- construed to have been included within the programmatic intent of the adopted application or in the commitment of funds to a specific project; :.or:;.2). An activity, that was identified in the adopted application, but which subsequently is proposed to be deleted; or 3). An activity that is proposed to be altered in terms of its purpose, scope, location, change in allocation priorities, or beneficiaries to such an extent that it can no longer reasonably be construed as the activity reviewed by the public and approved by the City Council. Funding in the amount of $33,463.22 will be moved from the FY08 CDBG -R Administration into Neighborhood Centers for the completion of this project. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval to amend each project is required for the completion of projects. EMERGENCY / NON- EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Charter is classified as an "emergency" because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." DEPARTMENTAL CLEARANCES: Legal Finance — Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Revenue Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount . This item $33,46322 N/A $33,463.22 BALANCE $33,463.22 N/A $33,46322 una[s): Comments :Funds from FY08 CDBG -R Administration will be reallocated to same year project, Neighborhood Centers. RECOMMENDATION: Staff recommends approval of this agenda item: LIST OF SUPPORTING DOCUMENTS: NIA Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager 10 AGENDA MEMORANDUM for the City Council Meeting of January 31, 2012 DATE: 1/19/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. Interim Director df'Engineering Services DanbCa)cctexas cor (3fr1) 826 -3729 CAPTION: • C— Foster Crowell — Director of Wastewater Services Fosterc @cctexas.com (361) 857 -1801 Resolution to Execute Memorandum of Agreement (MOA): NAS Corpus Christi Effluent Reuse Force Main Resolution authorizing the City Manager, or designee, to execute a Memorandum of Agreement (MOA) with the United States Naval Air Station, Corpus Christi, Texas (NASCC) to provide Type I1 reclaimed water service to irrigate the on -base Gulf Winds Golf Course. BACKGROUND AND FINDINGS: This proposed Memorandum of Agreement with the United States Naval Air Station is associated with, and is the final step, in completing the NAS Corpus Christi Effluent Reuse Force Main project. The ultimate goal of this project is to transfer Type II treated effluent from the Laguna Madre Wastewater Treatment Plant (W TP) to Naval Air Station Corpus Christi ( NASCC) for the purpose of irrigating the Gulf Winds Golf Course. The benefits of the project are two -fold; it provides a way to beneficially reuse the effluent from the Laguna Madre WWTP instead of conveying it into the Laguna Madre and it also reduces the demands on the City's potable water system. The overall project was separated into two phases with each being funded and designed by the respective owner. The City of Corpus Christi was responsible for Phase 1 of the project which included an effluent Iift station and a 6,100 linear feet of 12 -in PVC force main from the Laguna Madre WWTP to the NASCC property line. The City began construction on Phase 1 in September 2009 and construction was completed ahead of schedule in May 2011. NASCC was responsible for Phase 2 which included an earthen storage reservoir, an irrigation pump station and the installation of the remaining portion of the force main to convey the effluent from the Navy property line to the proposed storage reservoir located on the golf course. ALTERNATIVES: 1. Not supply effluent water to the Naval Air Station Corpus Christi. _g3— OTHER CONSIDERATIONS: The City's permit for the use of Type 11 Reclaimed Water from the Laguna Madre Wastewater Treatment Plant carries with it restrictions for the use of such effluent. While the Texas Commission, on.Environmental Quality (TCEQ) authorization under Chapter 210 of the State Code in no way affects the need of an end -user to obtain separate authorization from the Commission, the City is required to ensure that the Navy, as the end user, adheres to the requirements of the authorization for reclaimed water and with the conditions of the City's discharge permit. CONFORMITY TO CITY POLICY: This agreement adheres to TCEQ restrictions and permit requirements for the use of Type II Reclaimed Water. EMERGENCY 1 NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Wastewater Department FINANCIAL IMPACT: CIP NOT APPLICABLE WITH THIS RESOLUTION. Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount • This item BALANCE Fund(s): N/A RECOMMENDATION: City staff recommends this Memorandum of Understanding between the City of Corpus Christi and the Naval Air Station Corpus Christi be approved so the transfer Type II treated effluent from the Laguna Madre Wastewater Treatment Plant (WWTP) to Naval Air Station Corpus Christi (NASCC) begin for the purpose of irrigating the Gulf Winds Golf Course. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map: Approvals: Veronica Ocanas, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager File : \Mproject councilexhibi ts\ exh 7407b. dwg LOCATION MAP NOT TO SCALE IN‘pS GC 12" EFFLUENT LINE PROJECT SITE z,Va. 111•1111•I11I1111 ■Il 11'•.`1 ",I ; 1.11:11111•111 1111111 1111181UIt■ cNI PROJECT # 7407 MATTOCK ST. IlIr 111111111 �=flllill IIlllml .SOUTH PADRE 1sw�D aF VICINITY MAP NOT TO SCALE 111111111111111 111111111111.11 _IIIIIIIIIIIlIIIII 11:1119!IIuII1111 iiii�Wnii UENT " !G1 ki 11;;114 1 • r —11 rill 1PP l�if�fill��lt�� se i uin11n1iil .E1n1A1M 111n :S1J 111 =1 1t minima 1111111i.i 1- —Lb 'Luis i'1"711171r—rn NAS CORPUS CHRISTI EFFLUENT REUSE FORCE MAIN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 Resolution authorizing the City Manager-or designee, to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas ( NASCC) to provide Type 11 reclaimed water service to irrigate the on -base Gulf Winds Golf Course. WITNESSETH THAT: WHEREAS, City has proposed to provide Type 11 reclaimed water from the Laguna Madre Wastewater Treatment Plant (WWTP) through a newly constructed City Effluent Reuse Force Main and Pump Station which brings Type 11 reclaimed water from the WWTP to the property line of NASCC; and WHEREAS, NASCC has agreed to accept the Type 11 reclaimed water via an agreed upon off -base connection point to be pumped onto the installation for use in filling the retention pond and irrigating the Morale, Welfare, and Recreation (MWR) operated on -base golf course, the G uIf Winds Golf Course (hereinafter Gulf Winds Golf Course); and WHEREAS, Texas Commission on Environmental Quality (TCEQ) Authorization No. R10401 -008 issued November 15, 2006 for City's TCEQ Permit No. 1041 -008 approves City's transmission of Type 11 reclaimed water for, among other matters, the irrigation of golf courses, in compliance with a series of conditions /restrictions; and WHEREAS, City's permit for the use of Type 11 reclaimed water and TCEQ Authorization No. R10401 -008, for City's TCEQ Permit No. 1041 -008, does not affect or require the end -user of Type 11 reclaimed water (NASCC and MWR Gulf Winds Golf Course) to obtain separate authorization from TCEQ for use of Type 11 reclaimed water for the purpose of filling a retention pond and irrigating the Gulf Winds Golf Course; and WHEREAS, TCEQ Authorization No. R10401 -008, for City's TCEQ Permit No. 1041 -008, does require City to ensure any end -user adheres to the requirements of City's authorization for Type 11 reclaimed water and the terms of the governing permit; and WHEREAS, the City's Agreed Order with the Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality [TCEQJ), which amends the operational procedures and continuing an Advisory Council pertaining to Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230 -WR, credits the City with return flows of 54,000 acre feet per annum, based on the assumption that return flows delivered to Corpus Christi Bay and other receiving estuaries of 54,000 acre -feet per annum, which credit could be lost if the actual return flows are less than 54,000 acre -feet, and additional water may need to be released from the Lake Corpus Christi /Choke Canyon Reservoirs System to make up the shortfall in effluent discharges; and J:\1.ENG\1 AG EN DA ITEM S11210214121021412 RESO MOA NASCC Type I1 Reclaimed Water Service.docx _86_ WHEREAS, the City and NASCC recognize that the return flows to Corpus Christi Bay and other receiving estuaries currently exceed 54,000 acre -feet, and it is • assumed that return flows will remain in excess of 54,000 acre -feet during the term of this Agreement The Parties recognize that if the return flows do not exceed 54,000 acre -feet, that the terms of the Memorandum of Agreement may need to be modified; and WHEREAS, the City currently provides Type 11 reclaimed water or effluent to customers without charge, but is considering the adoption of a Type Il reclaimed water or effluent utility system that will finance the costs of construction, operation, and maintenance of Type 11 reclaimed water or effluent delivery systems throughout the City; and WHEREAS, when, and if, an effluent utility rate is established, and subject to the provisions of Paragraph 3.c.(2) of the Memorandum of Agreement, the City will continue to provide Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course at the established rate for Type 11 reclaimed water or effluent, which is equal to the lowest charge made to any other recipient of Type!! reclaimed water or effluent from the.City, other than the City; and WHEREAS, City and NASCC agree that NASCC and MWR Gulf Winds Golf Course as the end -user of Type!! reclaimed water will adhere to the requirements of City's authorization for Type 11 reclaimed water; and WHEREAS, this project will promote the conservation, development, and proper utilization of Type 11 reclaimed water and ground water by both parties to this agreement; and WHEREAS, the City Council of the City of Corpus Christi desire to authorize the City Manager to enter into and execute a Memorandum of Agreement with the United States Naval Air Station, which provides terms and conditions for City and NASCC and MWR Gulf Wnds Golf Course to participate in the use of City's Type 11 reclaimed water for the purpose of filling the retention pond and irrigating the Gulf Winds Golf Course, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute a Memorandum of Agreement with the United States Naval Air Station, Corpus Christi, Texas ( NASCC) to provide to NASCC Type 11 reclaimed water to fill the retention pond and irrigate the Gulf Winds Golf Course. Section 2. The City Manager or designee is authorized to execute all related documents :. necessary to administer said Agreem.ent, including non - substantial amendments thereto. J:11.ENG11 AGENDA 1 T E M S1121O214121021412 RESO MOA NASCC Type 11 Reclaimed Water Service.docx _$7_ ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED A$ TO FORM: 19- Jan -12 4llk,k;uud Veronica Ocana Assistant City Attorney for City Attorney J:11.ENG11 AGENDA 1 T E M S11210214121021412 RESO MOA NASCC Type 11 Reclaimed Water Service.docx _88— Corpus Christi, Texas. of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott . 1 City of CC -NASCC Effluent Water MOA MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND COMMANDER, NAVY REGION SOUTHEAST NAVAL AIR STATION CORPUS CHRISTI, CORPUS CHRISTI, TEXAS THIS Memorandum of Agreement (MOA) is entered into by and between the City of Corpus Christi, Texas (City), by its City Mfinager, and the Naval Air Station Corpus Christi, Texas (NASCC), by its Commanding Officer. The purpose of this MOA is to establish the terms and conditions under which City will provide and NASCC will accept Type II reclaimed water service from the Laguna Madre Wastewater Treatment Plant (WWTP). This project will promote the conservation, development, and proper utilization of Type 11 reclaimed water and ground water by both parties to this agreement. WITNESSETH THAT:. WHEREAS, in consideration of NASCC agreeing to provide a place for City to dispose of their Type II reclaimed water and constructing the requisite infrastructure, City has proposed to provide Type 11 reclaimed water from the WWTP through a newly constructed City Effluent Reuse Force Main and Pump Station which brings Type II reclaimed water from the WWTP to the property line of NASCC, see Attachment A; WHEREAS, in consideration of City proposing to provide Type 11 reclaimed water to irrigate the Gulf Winds Golf Course and constructing the requisite infrastructure, NASCC has agreed to accept the Type 11 reclaimed water via an agreed upon off -base connection point to be pumped onto the installation for use in filling the retention pond and irrigating the Morale, Welfare, and Recreation (MWR) operated on -base golf course, the Gulf Winds Golf Course (hereinafter Gulf Winds Golf Course) of which MWR owns the maintenance Unit Identification Code ([TIC); Attachment A to this agreement shows the connection point just outside the property line of NASCC, as well as the Type II reclaimed water lines extending to the Gulf Winds Golf Course and retention pond; WHEREAS, Texas Commission on Environmental Qii pity (TCEQ) Authorization No. R10401 -008 issued November 15, 2006 for City's TCEQ Permit No. 1041 -008 approves City's transmission of Type II reclaimed water for, among other matters, the irrigation of golf courses, in compliance with a series of conditions /restrictions; Attachment B to this agreement sets forth TCEQ's specific conditions and/or restrictions for use of Type 11 reclaimed water; WHEREAS, City's permit for the use of Type II reclaimed water and TCEQ Authorization =No. 810401 -008, for City's TCEQ Permit No. 1041 -008, does not affect 'or require the end -user of Type II reclaimed water (NASCC and MWR Gulf Winds Golf Course) to obtain separate authorization from TCEQ for use of Type II reclaimed water for the purpose of -filling a retention pond and irrigating the Gulf Winds Golf Course; Page 1 of 10 !17=41 Ri —90— City of CC -NASCC Effluent Water MOA - °- WHEREAS, TCEQ.: Authorization No. R10401- 008,.for.City's TCEQ .Permit No, 1041 -008, does require City to ensure any end -user adheres . to the requirements of City' s authorization for Type 11 reclaimed water and the terms of the governing permit; WHEREAS, The City's Agreed Order with the Texas Natural Resource Conservation Commission (now the Texas Commission on Environmental Quality [TCEQ]), which amends the operational procedures and continuing an Advisory Council pertaining to. Special Condition 5.B., Certificate of Adjudication No. 21 -3214; Docket No. 2001 - 0230 -WR, credits the City with return flows of 54,000 acre feet per annum, based on the assumption that return flows delivered to Corpus Christi Bay and other receiving estuaries of 54,000 acre -feet per annum, which credit could be lost if the actual return flows are less than 54,000 acre -feet, and additional water may need to be released from the Lake Corpus Christi/Choke Canyon Reservoirs System to make up the shortfall in effluent discharges. WHEREAS, the City and NASCC recognize that the return flows to Corpus Christi Bay and other receiving estuaries currently exceed 54,000 acre -feet, and it is assumed that return flows will remain in excess of 54,000 acre -feet during the term of this Agreement. The Parties recognize that if the return flows do not exceed 54,000 acre -feet, that the terms of this Agreement may need to be modified. WHEREAS, the City currently provides Type 11 reclaimed water or effluent to customers without charge, but is considering the adoption of a Type 11 reclaimed water or effluent utility system that will finance the costs of construction, operation, and maintenance of Type 11 reclaimed water or effluent delivery systems throughout the City. WHEREAS, when, and if, a effluent utility rate is established, and subject to the provisions of Paragraph 3 .c.(2) the City will continue to provide Type 11 reclaimed water to NASCC/MWR Gulf Winds Golf Course at the established rate for Type 1I reclaimed water or effluent, which is equal to the lowest charge made to any other recipient of Type II reclaimed water or effluent from the City, other than the City. WHEREAS, City and NASCC agree that NASCC and MWR Gulf Winds Golf Course as the end -user of Type H reclaimed water will adhere to the requirements of City's authorization for Type 11 reclaimed water, see Attachment B; WHEREAS, TCEQ and City acknowledge NASCC is a component of the United States Government (Government), Department of the Navy, and is subject to limitations of liability and immunity per the Constitution and applicable statutes of the United States; WHEREAS, TCEQ and City acknowledge City is a political subdivision of the State of Texas and is subject to limitations of liability and immunity per applicable statutes and the Constitution of the State of Texas, NOW, THEREFORE, in consideration of the above, City and NASCC and MWR Gulf Winds Golf Course hereby agree to participate in the use of City's Type 11 reclaimed water for the purpose of filling the retention pond and irrigating the Gulf Winds Golf Course. Page 2 of 10 _91_ City of CC -NASCC Effluent Water MOA 1. Agreement. a. CITY will: (1) To the extent permitted by law, maintain sole responsibility for funding, operation, and maintenance of the WWTP, pipelines, pump stations, and any associated equipment or - facilities, specifically including the City Effluent Reuse Force Main and Pump Station, by which Type II reclaimed water is carried to the connection point at the property line of NASCC, see Attachment A. (2) To the extent permitted by law, permit NASCC to connect to City's pipeline and equipment at the connection point, see Attachment A, where Navy owned equipment will receive the Type If reclaimed water and convey it to a retention pond for irrigation of the Gulf Winds Golf Course. (3) To the extent permitted by law, provide Type II reclaimed water to and authorize NASCC to receive Type II reclaimed water from the WWTP in accordance with the terms, conditions, and restrictions applicable to Type II reclaimed water set forth in Attachments B and C. (4) Comply with the terms, conditions, and restrictions on transfer of Type II reclaimed water to an end -user contained in Attachments B and C; including but not limited to: (a) Test and sample the Type II reclaimed water twice a week and make those test and sample results known to NASCC/ Gulf Winds Golf Course; (b) Immediately notify NASCC of any problems with operation of the WWTP, pipeline, pump station, or any associated equipment or facilities, specifically including the City Effluent Reuse Force Main and Pump Station, that may negatively impact the transfer of Type II reclaimed water to NASCC; and (c) Immediately notify NASCC of any indications of changes to the quality (i.e. contaminant levels) of the Type II reclaimed water to be transferred to NASCC. (5) Not hold or claim liability against NASCC for any non - compliance by City with the terms, conditions, and restrictions for transfer of Type II reclaimed water to an end -user contained in Attachments B and C. (6) To the extent permitted by law, provide Type II reclaimed water from WWTP to NASCC_on an as needed, end -user demand basis for filling the retention pond and irrigating the Gulf Winds Golf Course; upon completion ofNASCC's Type,Il reclaimed water project. (7) Periodically review NASCC/ Gulf Winds Golf Course's Type II reclaimed water operations to ensure compliance with the terms, conditions, and restrictions for such end -user operations identified in Attachments B and C. Page 3 of 10 _92_ City of CC NASCC Effluent Water MOA •(8) Provide instructions /procedures on the operation of the Type II reclaimed water delivery system to NASCC/ Gulf Winds Golf Course to incorporate into their Operation and Maintenance Manual, see Attachment D. (9) To the extent permitted by law, provide Type II reclaimed water to NASCC at no cost. If there is any change to this requirement,. City must provide advance notice to NASCC per paragraph 3.c. (10) Notify NASCC as soon as practicable but no later than 30 days after City's notice of any proposed changes to policy, legislation, and terms, conditions, or restrictions in the governing permits /authorizations, Attachments B and C, that may impact deliver of Type II reclaimed water or the conditions under which the end -user may accept or use Type 11 reclaimed water. b. NASCC/ MWR Gulf Winds Golf Course will: (1) To the extent permitted by law and appropriation of the United States government, . complete development, funding, and construction of the Type II reclaimed water forced main, lift stations, and pipeline connection to the Gulf Winds Golf Course irrigation system and notify City when Gulf Winds Golf Course operations are ready for irrigation. (2) Maintain responsibility for funding, operation, and maintenance ofthe pipeline, lift station, and any associated equipment or facilities by which Type II reclaimed water is conveyed to the retention pond and the Gulf Winds Golf Course irrigation system from City's Effluent Reuse Force Main and Pump Station. MWR is the owner ofthe maintenance UIC /operator of the Gulf Winds Golf Course and therefore solely responsible for the funding for operation, maintenance, environmental compliance, and all environmental fines and/or penalties; operation; and maintenance related to this Type II reclaimed water system after the connection point at the property line of NASCC. (3) Operate the on -base Type H reclaimed water system in accordance with the terms, conditions, and restrictions for end -users contained in Attachments B and C; including but not limited to: (a) Test and sample the ground water associated with the Type 11 reclaimed water retention pond leak detection system of the Gulf Winds Golf Course and provide City the results of these tests as required by City, City's Permit, or by TCEQ; (b) Comply with applicable TCEQ variance requirements, and specifically with the requirements under the Letter from TCEQ to M. Lee Niles, P.E., of Pape - Dawson Engineers dated December 12, 2011, signed by Dex Dean, E.I.T., and Louis C. Herrin, III, P.E., of the Wastewater Permits,Seetion (MC148); Water Quality Division; TCEQ (also'referred to as " the Variance" or the "Design Approval "), see Attachment C; (c) Permit City access to NASCC, upon request, for review of the operation and testing/sampling procedures - subject to NASCC security requirements; - Page4of10 _9g_ City of CC -NASCC Effluent Water MOA (d) Provide City for review /approval, and implement an Operations and Maintenance Manual for the Type II reclaimed water system onboard NASCC, see Attachment D; (e) Comply with Attachment B regarding no human contact with Type II reclaimed water; and (f) Comply with Attachment B regarding proper signage near the retention pond. (4) Receive water from City on an as- needed basis and inform City of Type II reclaimed water requirements on a routine basis. (5) Maintain the right and ability, per Attachient B, to refuse delivery of Type II reclaimed water at any time for any reason. (6) Notify City within 30 days of NASCC's receipt of notice of any policy, funding, or operational issues which could negatively impact NASCC's ability to accept Type II reclaimed water and/or comply with the terms, conditions, and restrictions for an end - user's receipt of Type II reclaimed water set forth in Attachments B and C. 2, Attachments. The following attachments are referenced throughout this MOA and the contents of each are hereby incorporated by reference as a term and condition of this MOA by agreement of the parties unless specifically set forth otherwise in this agreement: a. Attachment A: NASCC design drawing dated 29J JN2011. b. Attachment B: Letter from City to NASCC dated August 25, 2010 with Attachment, Copy of Authorization for Reclaimed Water No. R10401 -008 w/ attachment issued November 15, 2006. c. Attachment C: TCEQ Variance issued for MWR Gulf Winds Golf Course irrigation system (Letter from TCEQ to M. Lee Niles, P.E., of Pape - Dawson Engineers dated December 12, 2011, signed by Dex Dean, E.I.T., and Louis C. Herrin, III, P.E., of the Wastewater Permits Section (MC 148), Water Quality Division, TCEQ). d. Attachment D: Operations and Maintenance Manual for the Gulf Winds Golf Course Pump Station Replacement, Corpus Christi Naval Air Station, Corpus Christ, Texas of January 2012 incorporation by reference document. 3. Administrative Provisions: a. Effective Date and Duration. This MOA shall be effective on the date upon which the last party to this Agreement executed and dated the same. This MOA shall remain in effect for one year subject to nine one year renewals; provided NASCC/ MWR Gulf Winds Golf Course receive appropriations to comply with this MOA as required by paragraph 3.i.. Page 5 of 10 _94_ City of CC -NASCC Effluent Water MOA b. Termination. The City acknowledges Commanding Officer of NASCC has the right to terminate the MOA, in whole or in part, without cost or liability to the Government, when it is in the interest of the Government or required for compliance with any law, regulation or appropriation statute. The parties further agree that either party may terminate the MOA, for any reason, upon giving 30 day written notice to the other party of the intent to do so. c. Changes or Modifications. (1) Excluding Type II reclaimed water fees or charges, changes or modifications to this MOA may be proposed by either party at any time following the effective date of the agreement. Proposed changes must be submitted to the other party in writing and allow for a minimum 60 day review period. Changes may only be incorporated in this MOA upon written agreement and signature execution of both parties. (2) Should City intend to modify and impose a Type II reclaimed water fee or charge to NASCC/ MWR Gulf Winds Golf Course that is different from paragraph 1.a.(9), NASCC/ MWR Gulf Winds Golf Course reserves the right to unilaterally terminate this MOA. A new utility service with fees by City is subject to the contract requirements of 48 CFR Part 41. d. Review and Renewal. This MOA shall be reviewed annually prior to renewal to ensure accuracy and to incorporate any changes proposed by either party not previously addressed. Subject to agreement by both parties, renewal of this MOA should be initiated at least 60 days prior to expiration. e. Notices. All notices to each party shall be in writing and shall be either hand - delivered or sent via U.S. certified mail to the respective party's designated representative as specified herein below. Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall be deemed delivered on the date transmitted and received f. Primary Contacts. (1) CITY of CC: Representative: Oscar Martinez Title: Assistant City Manager for Public Works Address: 1201 Leopard Street, City Hall Building Corpus Christi, TX 78401 Telephone: (361) 826 -3897 Email: oscarm @cctexas.com Representative: Foster Crowell Title: Director of Wastewater Operations Address: P.O. Box 9277 Corpus Christi, TX 78469 -9277 Telephone: (361) 857 -1800 Email: fosterc @cctexas.com . Page 6of10 —95— City of CC -NASCC Effluent Water MOA (2) NASCC: Representative: LCDR Craig A. Clutts Title: NASCC Public Works Officer Address: 8851 Ocean Dr, Building 19 Corpus Christi, TX 78419 Telephone: (361) 961-3665 Email: craig.clutts @navy.mil (3) MWR Gulf Winds Golf Course: Representative: David Sullivan Title: Director, MWR Address: 385 5th Street, Building 39 Corpus Christi, TX 78419 Telephone: (361) 961 -2267 Email: david.sullivan2 .navy.mil Representative: James E. Day Title: Gulf Winds Golf Course Manager Address: 385 5th Street, Building 39 Corpus Christi, TX 78419 Telephone: 361 - 961 -3250 Email: iatnes.e.day ,navy.mil g. Insurance. City is self-insured and does not normally carry insurance, except for a large umbrella policy. h. Disputes: This MOA is subject to the Contracts Disputes Act of 1978 as amended (41 U.S.C. 601 -613) and all disputes arising under or related to the MOA shall be resolved pursuant to 48 C.F.R. 52.233 -1 and 52.233 -4. i. Anti- Deficiency Act. The execution and compliance with the MOA by NASCC and MWR Gulf Winds Golf Course are subject to the provisions of the Anti - Deficiency Act, as amended, 31 U.S.C. §1341 et. seq., 10 U.S.C. § 2783 (Nonappropriated fund instrumentalities: fmancial management and use of nonappropriated funds), and requisite regulations which control funding of operations set forth in Attachment D. Nothing in this MOA is intended to make or authorize an expenditure or obligation exceeding an amount or purpose available in a United States Government (Government) appropriation or fund for the expenditure or obligation in violation of the Anti- Deficiency Act. Furthermore, this MOA is not intended to involve the Government in a contract or obligation for payment or any other expense before an appropriation is adopted unless otherwise authored by law. 7 :..4ign Page 7 of 10 —96— City of CC -NASCC Effluent Water MOA j. Environmental Compliance and Liability: (1) City shall be responsible for environmental remediation, impacts, claims, Liabilities, fines, penalties, or damages arising under Environmental Laws, as defined below, to the extent • caused by or resulting from any negligent action of City (including actions not in accordance with applicable laws and permits or not in accordance with industry standard) with respect to City's undertaking to provide Type II reclaimed water pursuant to this MOA. (2) Government is only responsible for the requirements applicable to all end users of Type H reclaimed water from City per Attachment B, including requirements related to the operation and maintenance of any Type II reclaimed water facilities located on NASCC or operated by NASCC/MWR Gulf Winds Golf Course. City will at all times comply with all Environmental Laws, as defined below, that are applicable to City's activities to provide Type II reclaimed water pursuant to this MOA. The term "Environmental Laws" means all statutes, standards, prohibitions, obligations, schedules, plans, permits and timetables having the force of law that are contained in or promulgated pursuant to any federal, state or local laws, regulations or ordinances whether existing now or hereinafter enacted, relating to pollution, protection of the environment, or drinking or domestic water supply, in each case to the extent applicable to City's activities to provide Type II reclaimed water to NASCC and MWR Gulf Winds Golf Course, including but not limited to laws relating to safe drinking water, emissions, discharges, releases or threatened releases of environmental hazards into ambient air, surface water, ground water, drinking or domestic water supply, or lands or otherwise relating to the manufacture, processing, distribution, use, treatment, storage, disposal, refinement, production, disposal, transport or handling of environmental hazards, including, but not limited to, Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended by Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. § 9601 et seq.; Solid Waste Disposal Act, as amended by Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901, et seq.; Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.; Hazardous Materials Transportation Act, 49 U.S.C. § 5101; Safe Drinking Water Act, 42 U.S.C. § 300f, et seq.; Occupational Safety and Health Act, 29 U.S.C. § 651, et seq.; Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. § 11001, et seq.; Atomic Energy Act, 42 U.S.C. § 2014, et seq.; Endangered Species Act, 16 U.S.C. § 1531, et seq.; Marine Mammal Protection Act of 1972, 16 U.S.C. § 1361, et seq.; Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136, et seq.; Clean Air Act, 42 U.S.C. § 7401, et seq.; and their state analogs, counterparts, and other state laws, regulations, and statutes relating to protection of human health and the environment. (3) City will be responsible for obtaining at its cost and expense any environmental permits and approvals required for its operations under this MOA. No existing permits issued to the Government will be used by City without the express written consent of the Government. City will provide notice to the Government of any environmental reports related to the provision of Type II reclaimed water to NASCC/MWR.Gulf Winds Golf Course which City submits to any environmental regulatory agency. Copies of all permits and regulatory notices obtained by City, related to the provision of reclaimed water to NASCC/MWR Gulf Winds Golf Course, will be provided to the Government. City shall not commence the provision of Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course until any required permits or approvals are formally Page 8 of 10 _97= City of CC -NASCC Effluent Water MOA obtained from the permit issuing authority, as applicable, and will promptly notify the Government if it has actual knowledge of any activity that may constitute a permit violation. (4) To the extent authorized by law, City will maintain and make available to the Government, at the request of the Government, all records required to be maintained by Environmental Laws, relating to environmental compliance, clean -up, and/or remediation action by City with respect to provision of Type II reclaimed water to NASCC/MWR Gulf Winds Golf Course. The Government reserves the right to inspect all such records. Any City violations of Environmental Law may be reported by the Government to appropriate regulatory agencies, to the extent required by Environmental Law. (5) Except for those matters for which the Government is responsible, to the extent authorized by law, City shall be responsible for, and indemnify, defend, and hold harmless the Government, its agents, employees, contractors, subcontractors, officers, successors and assigns from any actions, operations, claims for damages, notices of violation, notice of non- compliance, notice of deficiency or other costs, expenses, liabilities, fines, or penalties to the extent resulting from generation, manufacture, presence, release, discharge, emissions, spills, use, storage, handling or disposal of Environmental Hazards by City, its officers, agents, employees, contractors, subcontractors or any sub- lessees or licensees, or the invitees of any of them from and after the effective date of the MOA giving rise to civil or criminal liability or any responsibility under Environmental Laws with respect to provision of Type I1 reclaimed water to NASCC/MWR Gulf Winds Golf Course. The term "environmental hazards" shall mean asbestos or any substance containing asbestos, polychlorinated biphenyls (PCB), PCB contaminated material and equipment as defined in 40 C.F.R. 761.3, lead, lead based paint materials, flammable explosives, radioactive materials, petroleum based products, chemicals known to cause cancer or reproductive toxicity, or that pose a risk to human health or safety or the environment or that are regulated under Environmental Laws, pollutants, effluents, residues, contaminants, emissions or related materials, natural gas liquids, and any items defined or regulated as "hazardous waste," "hazardous materials," "hazardous substances," "toxic waste," "toxic materials," or "toxic substances" or words of similar import, all under any applicable Environmental Law. The term "environmental hazards" shall not include items that are "household hazardous waste" including chemicals, lubricants, refrigerants, household supplies, materials for common residential purposes, and other substances kept in amounts typical for, and used as, standard janitorial supplies, office supplies, and the like in connection with the routine maintenance and operation of residential projects, to the extent kept, used, and maintained in a manner consistent with their intended uses. The term "environmental hazards" also shall not include any substance or material that is identified herein in concentrations that do not require an action, including release reporting, monitoring or investigation under Environmental Laws. (6) Per OPNAVINST 5090.IC (w/ CH -1) section 1 -2.2, NASCC and MWR Gulf Winds Golf Course shall comply with all applicable Federal, State, and local environmental, natural resource and cultural resource statutes and regulations; as well as the requirements of Presidential E.O.'s; Navy policies, regulations, and requirements. City acknowledges NASCC and MWR Gulf Winds Golf Course are prohibited from indemnifying City per the Anti - Deficiency Act. To the extent authorized by law, City may file a claim under the Federal Torts Claim Act. Page 9 of 10 _98— City of CC -NASCC Effluent Water MOA k.. . Construction of Agreement. This MOA shall not be construed more strictly against . one party than against the other as both parties have contributed substantially and materially to the preparation hereof. NASCC has and operates from time to time a waste water treatment plant and sewage system which may provide Type II reclaimed water to areas on NASCC. It is agreed by the parties that NASCC may continue to operate such facilities in parallel with the City as required and as appropriate. 4. Entire Agreement. This Agreement and the Attachments, which are hereby incorporated in their entirety by reference, upon execution by City and NASCC, constitute the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cRnnot be changed orally or by any means other than as specified in section 3.c.. S. Executed. This day of 2012 by: CITY OF CORPUS CHRISTI NAVAL MR STATION CORPUS CHRISTI ls1 Ronal L. Olson City Manager Date: / ATTEST Isi Armando Chapa City Secretary Date: I / Approved as to Fo 'f Is/ IV 15W a/0612( Veronica Ocanas Assistant City Attorney For City Attorney Date: [ I l (2_ 6. Concurrence. .r.177414-, /sl D.M. Edgecomb, CAPT, USN Commanding Officer Date: / / NAVY REGION SOUTHEAST Is/ S.H. Blaisdell, CAPT, USN Chief of Staff Date: / / Is/ Wade Rice, CIV Comptroller Date: / / Naval Air Station Corpus Christi Morale, Welfare, and Recreation Dept. MWR, Gulf Winds Golf Course Is/ David Sullivan, CIV Director Date: / I Page 10 of 10 _99- 1 j• IT 1J, � � illl I r leIII(••F..eO� ! I 1-1 N1111111111114 1 : ! 110P411111 lip • 11011Illytki 14 1410111 €11 15 51 11401i 11141111 hi i egeg \F \� If L NAVAL AIR STATION CORPUS CHRISTI . PAPEAUIVION GULF WINDS GOLF COUSSS PUMP STATION REPLACEMENT b n+m, OVERALL L SITE PLAN ' • '�"° —100— Dig en w IC Imo m VOY1 oiVk Wanes DDSVN-00 }o AD %PILL Ot.azoli3O ein.VASINGpR City of CC-NASCC Effluent Water MOA August25,. 2010 C,aptaln „Ran0P:iph Pierson COI/oar-Wing qfficer- Naval Air Station Corpus Chils0. 11 01 D $treet; -Suite -1M COrposChriaL TX 7$41-0 REPLY TOTHE ATTENTION OF:: 'AngeLik„ Eacobar. Cityi.Marieger Mluent RPM: Force Win. grid 14.$14t1.0p• -WSJ: _Crtif--::if bogus :Christ Laguna Madre INVV:TP:: Permit No 164i-tft •uthotimion Nuniber R10401-0.08; Permit ReqUirerriento Qapt. Flereog. The tbitsfeuatidh. Of the VitYstffliieht Retie& ratellath.and Ptittiptatiori project S'. nearinztoropletion. The :project will provide, treated:effluent:to the Oorpus.01rIsli Naval Air .Station, to be used primarily for The purpose of for ay.of Moe orkibe-ba.Pek As you ,Pre PrztOtY..awer.O. PO* for the ue of Type V Reclaimed Water froti Abe-Lag-um Madre -WatteWattit Treatment Rent, carries withlt restrittiorie tor the. use,otsuch .of.hilenti.. Whiter the Tem tottioliesiOn ot ErtiiirolmentaIGualq. (TOECi) ' authorization under Chapter 2111ate::$tate :Code in noway affects the need.O'an end-user :te obtain AePAr4te::AttihOriZatiPtY,t061 te!COMINS.$1004, t* ply IS foUterl.,fo 0 - that the Navy, as the end user, edhereeld the requirements of our euthorliation for reciaimenitater affd wtth the Cbnlatio.oftormerating p-errnit. 4414174 reqPimments • More shall be io nuisance minot.i.prx resuging.ttom the use or storage., of reQialiresl Inter ergtgrimilvifelet quality Itli.ist:hOt be oebrattecL. • • IMOdifitia#008 to the Reclaimed: Water. System must be accomptiShed Onder the. review Of a TeNOS-ji0ehsect professorial .0001000r, • Redelmeii :water etoreci in •ponds rnust b.e. Revel)* tom citocriarging: Into Watelt...0ft0 State, ,00a0:filitAti, WA; eVente.. • No offsite OtaPhOriba..10 permitted 000 any OVetrIOWs must 14a.ta'Obtlol . Withih fiVa.(5) Viotkirig:clayS citthatitdOitatita. • B.141-00401 AtahS.1114:41 be posted et*ii-stote-ge,*eas, &see, bibs, and faucets 'reading IMEWATER Q NO T DRINK'or =SIM [far languagz.. AJI pipirtg, t).0.$0 bibs,. and faucets must be painted pure ard be: of spat) ;ttasign that standard garden .'hoses et cannot be connectedt • The replaimed water user shall maintain a current ,qpqratiorPlrid Maintenance Mani w.hicb as a Minimum -she)l include the following —1 0 1 -- Attachment B rage 1 of 10 Page of 2. City of CC -NASCC Effluent Water MOA 1) Labeling & Separation Plan for the prevention of cross - connections; 2) Measures to prevent unauthorized access (locking valve boxes, etc.); 3) Procedures for monitoring the use of reclaimed water; 4) Plan for how the use of reclaimed water is to be scheduled; 5) Schedule for maintenance of the reclaimed water system; 6) Plan for worker /personnel training and safety; 7) Contingency Plan for system failures. • Record Keeping and Reporting Requirements -- the user shall maintain records of contact(s) with the producer /commission, overflows, etc, for a period of five (5) years. • Should the user fail to comply with any of the terms of the use authorization, the Executive Director may take action, in accordance with Texas Water Code (TWC) 26.019 & 26.136. While the above review is by no means a complete listing of all of the requirements for reclaimed water use, it should serve as a guide to your office, for the development of a comprehensive reuse water management plan. I encourage you to refer to the attached "Authorization for Reclaimed Water ", and also §30 TAC 210 "Use of Reclaimed Water & §30 TAC 217 Design of Domestic Wastewater Systems, for further guidance. Additionally, the City of Corpus Christi would be willing to assist you in this endeavor, should you so desire. Please feel free to contact Foster Crowell, the City's Wastewater Director, if you have any questions or if we may be of further assistance. Mr. Crowell's . office number is 826 -1801 and his e-mail address is fosterc @cctexas.com. Sincerely, Angel R. Escobar City Manager Attachment: Copy of Authorization for Reclaimed Water Copies: Hon. Joe A. Adame - Mayor Armando Chapa - City Secretary Johnny Perales, Jr., P.E. - Assistant City Manager, Dev. Services & Eng. Foster Crowell - Wastewater Director Craig.Clutts, LCDR, P.E. NASCC Public-Works Officer Logan Burton, P.E. — Project Manager, LNV, Inc. Page 2 of 2 -102 - Attachment B Page 2 of 10 City of CC -NASCC Effluent Water MOB. Authorization No. R10401 -DOS This authorization supersedes and replaces R 10401 -003 approved August 23. 1999. AUTHORIZATION FOR RECLAIMED WATER Producer: City of Corpus Ciu•isti P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Producer: City of Corpus Christi P.O. Box 9277 Coipus Christi, Texas 78469 -9277 Users: Thepermitteethatthe City of Corpus Cluistipernnitted as distributor of thereclaimed water. Location: The LagunaMadre Wastewater TreatmentI'lant is located at 201 Jester Street, the Encinal Peninsula adjacent to Laguna Madre, approximately 0.5 pule southeast of the intersection of Jester Street and State Highway 358 in the City of Corpus Christi in Nueces County Texas. Authorization: Type 1I reclaimed water from the City of Corpus Christi Laguna Madre Wastewater Treatment Plant (Permit No. 10401 -008), to be used for the irrigation of golf courses, ballparks, schools, parks, industrial centers, apartment complexes, commercial properties, irrigation of a "closed" landfill, home lawn watering, road median, cooling towers, fire :ghting, and road construction. Attachment "A ". This authorization contained the conditions that apply for the uses of the reclaimed water. The approval of a reclaimed water use project under chapter 210 does not affect any existing water rights. If applicable, a reclaimed water use authorization in no way affects the need of a producer, provider and/or user to obtain a separate water right authorization from the commission. This action is taken under authority delegated by the Executive Director of the Texas Coirnsiission on Environmental Quality. Issued Date: November 15, 2006 For the Commission --10 3 -- Attachment B Page 3 of 10 City of CC -NASCC Effluent Water MOA cify'crCorpus.Chrisli Rid WalarPojeeL Awlhorizatiun Ka. 11.10101-001 Pegs 2 Limitations: The authorization is subjected to the following requirements: I. General Requirements. (g) (h) (i) 0) No wastewater treatment plant operator (producer) shall transfer to a user reclaimed water without first notifying the commission. Irrigation with untreated wastewater is prohibited. Food crops that may be consumed raw by humans shall not be spray irrigated. Food crops including orchard crops that will be substantially processed prior to human consumption may be spray irrigated. Other types of irrigation that avoid contact of reclaimed water with edible portions of food crops are acceptable. There shall be no- nuisance conditions resulting from the distribution, the use, and/or storage of reclaimed water. Reclaimed water shall not be utilized in a way that degrades ground water quality to a degree adversely affecting its actual or potential uses. Reclaimed water managed in ponds for storage must be prevented from discharge into waters in the state, except for discharges directly resulting from rainfall events, in accordance with a permit issued by the commission, or as authorized under the City of Corpus Christi Laguna Madre Wastewater Treatment Plant (Permit No. 10401 -008). All other discharges• are unauthorized. If any unauthorized overflow of a holding pond occurs causing discharge into or adjacent to waters in the state, the user or provider, as appropriate, shall report any noncompliance. A written submission of such information shall also be provided to the commission regional office and to the Austin Office, Water Enforcement Section (MC -149), within five (5) working days of becoming aware of the overflow. The written submission shall contain a description of the noncompliance and its cause; the potential danger to human health or safety, or the environment; the period of noncompliance, including exact dates and times; if the noncompliance has not been corrected, the anticipated time it is expected to continue; and, steps taken or planned to reduce, eliminate, and prevent recurrence of the noncompliance, and to mitigate its adverse effects, Unless otherwise provided in this authorization, there shall be no off -site .discharge, either airborne or surface runoff, of reclaimed water from the user's property except to a wastewater treatment system or wastewater treatment collection system unless the reclaimed water user applies for and obtains a permit from the commission which authorizes discharge of the water. Signs in both English and Spanish shall be posted at storage areas, hose bibs and faucets reading "Reclaimed Water, Do Not Drink" or similar warnings. Alternately, the area may be secured to prevent access by the public. All new reclaimed water piping shall be separated from potable water piping when trenched by a distance of at least nine feet. All new exposed piping , hose bibs and faucets shall be painted purple and designed to prevent connection to a standard water hose. All piping shall be stenciled with a warning-reading 'NON-POTABLE WATER ". The design of any new distribution systems which will convey reclaimed water to a user shall be approved bytle executive director.. Materials shall be submitted for approval by the executive director in accordance with the Texas Engineering Practice Act (Article 3271a, Vernon's Annotated Texas Statutes). The plans and specifications for any new distribution systems constructed pursuant to this authorization must be approved pursuant to state law, and failure to secure-approval before eommencing construction of —104 - J Attachment is Page 4 of 10 City ofcoipus Christi Realainied Water Project Authorim5onNo. Ru0401-008 (k) City of CC -NASCC Effluent Water MOA, such works or making a transfer of reclaimed water therefrom is a violation of this authorization, and each day of a transfer is an additional violation until approval has been secured. Major changes from a prior notification for use of reclaimed water must be approved by the executive director. A major change includes: (1) a change in the boundary of the approved :service area not including the conversion of individual lots within a subdivision to reclaimed water use; (2) the addition of a new producer; (3) major changes in the intended use, such as conversion from irrigation of a golf course to residential irrigation; or (4) changes from either Type I or Type 11 uses to the other. (1) The reclaimed water producer and user shall maintain on the sites a currant operation and maintenance plan. The operation and maintenance plan which shall contain, as a minimum the following; (1) a labeling and separation plan for the prevention of cross connections between redefined water distribution lines and potable water lines; (2) the measures that will be implemented to prevent unauthorized access to reclaimed water facilities (e.g., secured valves); (3) prooedures for monitoring reclaimed water, (4) a plan for how reclaimed water use will be scheduled to minimize the risk of inadvertent human exposure; (5) schedules for routine maintenance; (6) a plan fot worker training and safety; and (7) contingeney plan for system failure or upsets. II. Storage Requirements for Reclaimed Water (a) All initial holding ponds designed to contain Type 11 effluent, located in a vulnerable area as defined by a rating of 110 or greater on the statewide, shall conform to the following requirements: (1) Theponds, whether constructed of earthen or other impervious materials, shall be designed and constructed so as to prevent groundwater contamination; (2) Soils used for pond lining shall be free from foreign material such as paper, brush, trees, and large rocks; (3) All soil liners must be of compacted material, at least 24 inches thick, compacted in lifts no greater than 6 inches thick and compacted to 95% of Standard Proctor Density. In -situ clay soils meeting the soils liner requirements shall be excavated and re- compacted a minimum of 6 inches below. planned grade to assure a uniformly compacted finished surface. (4) Soil liners must meet the following particle size gradation and Atterburg limits: (A) 30% or more passing a number 200 mesh sieve; and (B) a Liquid limit of 30% or greater; and a plasticity index of 15 or greater and have a permeability less than or equal to 1 X 10' cm/sec; (5) Synthetic membrane linings shall have a minimum thickness of 40 mils with a leak' detection system.- liners at least 24 inches- thick.meeting a permeability less than or equal to 1 X 104 cm/sec are acceptable alternatives; (6) Certification shall be furnished by a Texas License Professional Engineer that the pond lining meets the appropriate criteria prior to utilization of the facilities; —105 Attachment B rage a of 10 cityafcorpus Christi Reclaimed WaterPrujest Avlhminti*Ns. R10.10I -6011 Pip (b) (c) City of CC -NASCC Effluent Water MOA (7) Soil embankment walls shall have a top width of at least five feet. The interior and exterior slopes of soil embankment walls shall beno steeper than one foot vertical to three feet horizontal unless alternate methods of slope stabilization are utilized. All sail embankment walls shall be protected by a vegetative cover or other stabilizing material to prevent erosion. Erosion stops and water seals shall 'be installed on all piping penetrating the embankments; (8) An alternative method of pond lining which provides equivalent or better water quality protection than provided under this section may be utilized with the prior approval of the executive director; and • (9) A specific exemption may be obtained from the executive director if after the review of data submitted by the reclaimed water provider or user, as appropriate, the executive director determines containment of the reclaimed water is not necessary, considering (A) soil and geologic data and ground water data, including its quality, uses, quantity and yield; and (B) adequate demonstration that impairment of ground water for its actual or potential use will be prevented: Reclaimed water niay be stored in leak - proof, fabricated tanks. Subsequent holding ponds utilized for the receipt and storage of reclaimed water of a quality that could cause or causes a 'violation of a surface water quality standard or impairment of ground water for its actual or intended use will be also subject to the storage requirements of this section. M. Specific Uses and Quality Standards for Reclaimed Water Numerical parameter limits pertaining to specific reclaimed water use categories are contained in this section. These limits apply to reclaimed water before discharge to initial holding ponds or a reclaimed water distribution system. It shall be the responsibility of the reclaimed water producer to establish that the reclaimed water meets the quality limits at the sample point for the intended use in accordance with the monitoring requirements identified in Section 1V relating to Sampling and Analysis. (a) Any new construction shall conform to Type II use which includes irrigation or other uses where the public is not present during the time when irrigation activities occur or other uses where the public would not come in contact with the reclaimed water. (b) The following conditions apply to this type use of reclaimed water. At a minimum, the reclaimed•water producer shall only transfer reclaimed water of the following quality as described for Type I reclaimed water use, reclaimed water on a 30 -day average shall have a quality of BOD5 S mgli Turbidity 3 NTU Fecal Coliform 20 CFUI100 rnl* Fecal Coliform (not to exceed) 75 CFU/100 m1 ** * geometric mean single grab sample (c) Type II Reclaimed Water Use. The Type II use is where the public will not come in contact with the reclaimed water. The following use(s) is allowed by this authorization: dust suppression and soil compaction, syringing of greens and tees, landscape irrigation where public access is restricted, and maintenance of water impoundments. -1 06- Attachment B r age 6 of 10 City of CC-NASCC Effluent Water MOA awe Carus Clrisd Reolsimed WIT rojecS Aulbo,izodonNo. R1o1o1•DOB PILe (d) The following conditions apply to this type of use of reclaimed water. At a minimum, the reclaimed water producer shall only transfer reclaimed water of the following quality as described for Type 11 reclaimed water us; reclaimed water on a 30 -day average shall have a quality of BODS 20 mg/1 :.r Fecal Coliforrn 200 CFU1100 ml* Fecal Coliform (not to exceed) 800 CFU1100 ml ** * . geometric mean ** single grab sample 1V. Sampling and Analysis. The reclaimed water producer shall sample the reclaimed water prior to distribution to user to assure that the water quality is in accord with the intended contracted use. Analytical methods shall be in accord with those specified in Chapter 319 (relating to Monitoring and Reporting). The minimum sampling and analysis frequency for Type I reclaimed water is twice per week, and Type 11 reclaimed water is once per week. The monitoring shall be done after the final treatment unit. These records shall be maintained an a monthly basis and be available at the plant site for inspection by authorized representatives of the Commission for at least five years. V. Record Keeping and Reporting. (a) The reclaimed water provider and user shall maintain records on site for a period of five yew. (1) Records to be maintained by the provider include: (A) copies of notifications made to the commission concerning reclaimed water projeots. (3) as applicable, copies of contracts made with each reclaimed water user (this requirement does not include reclaimed water users at residences that have separate distribution lines for potable water). (C) records of volume of water delivered to each reclaimed water user per delivery (this requirement does not apply to reclaimed water users at residences that have separate distribution lines for potable water). (D) reclaimed water quality analyses. The reclaimed water producer shall report to the commission on a monthly basis the following information on forms furnished by the executive director. Such reports are due to the commission by the 20th day of the month following the reporting period: (A) volume of reclaimed water delivered to provider. (B) quality of reclaimed water delivered to a user or provider reported as a monthly average for each quality criteria except those listed as "not to exceed" which shall be reported as individual analyses. (2) VI. Transfer of Reclaimed Water. Reclaimed water transferred from a provider to a user shall be done on a demand only basis. This means that the reclaimed water user may refuse delivery of such water at any time. All reclaimed water transferred to a user must be of at least the treatment quality specified in Section N. Transfer shall be accomplished via pipes or tank trucks. Attachment B rage r of 10 City of CC -NASCC Effluent Water MOA City of Corpus Christi Reciaivtad Water Project Aagerkatien No. 810101 -006 Page 6 VII. General Prohibitions. Storage facilities for retaining reclaimed water prior to use shall not be located within the floodway and shall be protected from the 104 year flood. . V111. Restrictions. This authorization does not convey any property right and does not grant any exclusive privilege, IX. Responsibilities and Contracts. (a) The producer of reclaimed water will not be Liable for misapplication of reclaimed water by users, except as provided in this section. Both the reclaimed water provider and user have, but are not limited to the following responsibilities: (1) The reclaimed water producer shall: (A) transfer reclaimed water of at least the minimum quality required by this chapter at the point of delivery to the user for the specified use; (B) sample and analyze the reclaimed water and report such analyses in accordance with Sections TV and V relating to Sampling and Analysis and Record keeping and Reporting, respectively; and (C) notify the executive director in writing within five (5) days of obtaining knowledge of reclaimed water use not authorized by the executive director's reclaimed water use approval. (2) The reclaimed water provider shall: . (A) assure construction of reclaimed water distribution lines/systems in accordance with 30 TAC Chapter 317 and in accordance with approved plans and specifications; (B) transferreclairned water of at least the minimum quality required by this . chapter at the point of delivery to the user for the specified use; (C) notify the executive director in writing within five (5) clays of obtaining ' knowledge of reclaimed water use not authorized by the executive director's reclaimed water use approval; and (D) not be found in violation of this chapter for the misuse of the reclaimed water by the user if transfer of such water is shut off promptly upon knowledge of misuse regardless of contract provisions. (3) The reclaimed water user shall: (A) use the reclaimed water in accordance with this authorization; and (B) maintain and provide records as required by Section TR relating to Record Keeping and Reporting. X. Enforcement. If the producer, previderand/or user fails to comply with the terms of this authorization, the executive director may take enforcement action provided by the Texas Water Code, § §26.019 and 26.136. -108 Attachment B rage 8 of 10 City or corpus Cfiisli Recluirriad WSW Prajttl Authorization No. R10401-DOB Page 7 XL STANDARD PROVISIONS: (a) (b) City of CC -NASCC Effluent Water MOA This authorization is granted in accordance with the Texas Water Code and the rules and other Orders-of the. Commission and the laws of the Slate of Texas. Acceptance of this authorization constitutes an acknowledgment and agreement that the provider and user will comply with all the teens, provisions, conditions, limitations and restrictions embodied in this authorization and with the rules and other Orders of the Commission and the laws of the State of Texas. Agreement is a condition precedent to the granting of this authorization. — Attachment B 1., of 10 City drowns Carisei Reclaimed Water Pen Jeal Autbarization ,No. -OM Page! ATTACHMENT "A" City of CC-NASCC Effluent Water MOA • -- Attachment E E 71 g, 10 of 10 • Bryan W. Shaw. P i.D„ Chairman Buddy Garcia, Commissioner Carlos Rubinstein, Commissioner Mark R. Vickery, l? G., Executive Director City of CC -NASCC Effluent Water MOA TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting 7kras by Reducing and Preventing Pollution December 12, 2011 Mr. M. Lee Niles, P.E. Pape - Dawson Engineers 555 East Ramsey San Antonio, Texas 78216 Re: Automatic Detection System — Naval Air Station Corpus Christi TCEQ Permit No. WQoolo4oloo8 CN60o131858; RN101609915 WWPR Log No. 1011/053 Nueces County Dear Mr. Niles: On October 5, 2011 the Texas Commission on Environmental Quality (TCEQ) received your letter for the referenced project. The rules that regulate the design, installation, and testing of domestic wastewater projects are found in 30 TAC Chapter 217, Design Criteria for Domestic Wastewater Systems. Additional rules that regulate domestic wastewater reuse projects are found in 3o TAC Chapter 210, Use of Reclaimed Water. We have completed the review and grant an approval of the design for the automatic leak detection system, based on the addition of an emergency groundwater pump. The approved design follows: a, The leak detection system is an underdrain system for an effluent storage pond. b. The underdrain system consist of approximately 85o linear feet of 6-inch perforated ADS drain pipe and approximately 600 linear feet of 4 -inch perforated ADS drain pipe that flows to a single 12 -inch perforated schedule 40 PVC groundwater sump. c. Underdrain system pipes will be installed at a slope of o.5%. Positive drainage to the groundwater sump will be maintained at all points in the system, d. The design provides access to the system through an 18 -inch valve box at the groundwater sump located northwest tithe storage pond and at a 12 inch valve box located southeast of the storage pond. e. The design provides automatic lakelevel controls and.SCADA equipment to activate and deactivate the source transfer pumps. f. In addition, the design must include an emergency groundwater pump to prevent liner floatation. The pump must be capable of operating automatically in the event of low surface water level in the pond or high groundwater level below the pond liner. P.O. Box 13087 Austin, Texas 78711 -3087 Ste- 239 -1000 Internet address: www.tceg.state.tx.us Attacnment`'L Page 1 01 City of CC -NASCC Effluent Water MOA Mr. M. Lee Niles, P:E. Page 2 December 12, 201.1 Within 60 days of the completion of construction,. an appointed engineer shall notify both the Wastewater Permits Section of the TCEQ and the appropriate Region Office of the date of completion. The engineer shall also provide written certification that all construction, materials, - and equipment were substantially in accordance with the approved project, the rules of the TCEQ, and any change orders filed with the TCEQ. All notifications, certifications, and change orders must include the signed and dated seal of a Professional Engineer licensed in the State of Texas. If you have any questions, please call me at (512)239 -457o or Mr. Louis C. Herrin, III, P.E. at (512)239-4552. Sincerely, Dex Dean, E.LT, Wastewater Permits Section (MC 148) Water Quality Division Texas mmission on Environmental Quality Louis C. Herrin., III, P.E. Wastewater Permits Section (MC 148) Water Quality Division Texas Commission on Environmental Quality DD /LCH /sp cc; TCEQ, Region 14 Office —112 — Attachment C r age 2 of 2 City of CC -NASCC Effluent Water MOA ATTACHMENT D: Operation and Maintenance Manual for the Gulf Winds Golf Course Pump Station Replacement, Corpus Christi Naval Air,Station, Corpus Christi, Texas of January 2012 Incorporation by Reference Document 1. The Operation and Maintenance Manual for the Gulf Winds Golf Course Pump Station Replacement, Corpus,Christi Naval Air Station, Corpus Christi, Texas of January 2012 is hereby specifically incorporated by reference into this MOA due to its extensive size, 520 pages. The original document is located with the NASCC Public Works Officer, a copy of which was provided to the City on January 12, 2012. Attachment L 1 of 1 11 AGENDA. MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director -MIN MichaelMoacctexas.cbm 361 -826 -3464 Appropriation for Utility Bill Donations for Arts & Cultural Commission (ACC) CAPTION: Ordinance appropriating $5,902.36 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. BACKGROUND AND FINDINGS: The City of Corpus Christi - due to anticipated budgeted shortfalls in the Hotel Occupancy Tax - reduced arts and cultural funding during FY 2010 -2011. The City met with the arts and cultural groups before the budget was approved and developed a fundraising mechanism that has a potential to grow and replace that funding. The "Check Yes for Arts and Culture Campaign" gives City of Corpus Christi utility bill customers the opportunity to add a small monthly donation to their bill to directly support the arts. The funding received thus far is applied to the operational and programming support for the following organizations: The City of Corpus Christi Arts and Cultural Commission, the South Texas Botanical Gardens and Nature Center, Harbor Playhouse, the Art Center of Corpus Christi, Corpus Christi Symphony Orchestra, the Texas Jazz Festival, the Antonio E. Garcia Arts and Education Center, lnstituto de Culture Hispanica, the Asian Cultures Museum. The nine organizations formed the Arts and Culture Alliance ( "ACA "). Per the Memo of Understanding with the City of Corpus Christi, the funds received through this initiative is allocated based on the existing percentages allocated to the individual arts and cultural groups through the FY 2009 -2010 HOT Fund disbursements. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: none CONFORMITY TO CITY POLICY: Council action is required to authorize the City Manager or his designee to appropriate these funds before they can_be spent. EMERGENCY 1 NON - EMERGENCY: Non- emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget $ 0.00 Encumbered / Expended Amount This item $5,902.36 t6 402. 36 BALANCE $5,902.36 .5-1/0Z. W, und(s): General Fund Comments: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Page 1 of 2 Ordinance appropriating $5,902.36 in City utility customer donations in General Fund No. 1020 for use by programs coordinated through the City Arts and Cultural Commission. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That $5,902.36 in City utility customer donations in General Fund No. 1020 is appropriated for use by programs coordinated through the City Arts and Cultural Commission. ORD- Approp- Util %20to %20Arts %20Cultural - Parks - 2012[1 ] - -119 -- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of . , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 20.12. ATTEST: Armando Chapa City Secretary APPROVED as to form: 1 By: Lisa Agditer, Sr. Assistant City Attorney for the City Attorney Joe Adame Mayor 12 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 . DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director In 717 MichaelMo a{ .cctexas.com 361 - 826 -3464 TCEQ Supplemental Environmental Project (SEP) appropriation of $9,980 for Oso Bay Learning Center and Wetland Preserve CAPTION: Ordinance appropriating $9,980 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency. BACKGROUND AND FINDINGS: A Supplemental Environmental Project (SEP) is a means through which the Texas Commission for Environmental Quality (TCEQ) directs fines, fees, and penalties for environmental violations toward environmentally beneficial uses. Through a SEP, a respondent in an enforcement matter can choose to invest penalty dollars in improving the environment. SEPs that have a direct benefit allow a respondent to offset one dollar of its penalty for every dollar spent on the SEP. Some of the uses for SEP funds are wetland construction and drainage improvements, habitat restoration and land management, and acquisition of land for conservation purposes. The city applied to become a recipient of SEP dollars in June of 2008 for the Oso Bay Learning Center and Wetland Preserve project. The City entered into an agreement in March 2009 with the TCEQ to participate in Supplement Environment Projects for wetland construction and habitat enhancements at the Oso Bay Learning Center and Wetland Preserve. ALTERNATIVES: Return the funds to TCEQ for distribution to other approved projects. OTHER CONSIDERATIONS: The Supplemental Environmental Project will fund wetland restoration programs at the Oso Bay Learning Center and Wetland Preserve, and will serve as part of the cash match to a recent General Land Office Coastal Management Program grant approved by Council in December 2011. CONFORMITY TO CITY POLICY: Council action is required to authorize the City Manager or his designee to appropriate these funds. EMERGENCY / NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Not Applicable- ❑ Operating Expense o Revenue X CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item $9,980 BALANCE una[s): Comments: This funding will be used for further development of the Oso Bay Learning Center and Wetland Preserve — approved by voters in the 2008 Bond election. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Lisa Aguilar, Assistant City Attomey Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Page 1 of 2 Ordinance appropriating $9,980 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund for land acquisition for the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. That $9,980 from contributions in settlement of an enforcement action brought about by the Texas Commission on Environmental Quality in the No. 1067 Parks and Recreation Grants Fund is appropriated for the Oso Bay Learning Center and Wetland Preserve. 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 shall take effect upon first reading as an emergency this the day of February, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary. Mayor APPROVED as to form: dam 1�] , 2012 By: �h Lisa Aguila Assistant City Attorney For City Attorney ORD- Approp- osoBayLearningCntr -Parks -2012[ 1 ] —125— That the foregoing ordinance was read for the first time and passed to its second , reading on this the day of 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of . , 2012, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott Priscilla G. Leal PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form:,. 1 . "Poll— By: oC�* AZIA Lisa A r Sr. Assistant C' Attorney Q , Y for the City Attorney Joe Adame Mayor 13 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: 1/31/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 CAPTION: PUBLIC HEARING -- TEXT AMENDMENTS TO THE CORPUS CHRISTI UNIFIED DEVELOPMENT CODE (UDC) PUBLIC HEARING — UDC TEXT AMENDMENTS Ordinance amending the Corpus Christi Unified Development Code by revising an abbreviation term at Subsection 1.11.2.; by adding three definitions to Subsection 1.11.3; by revising Table 3.1.7.A and Subsection 3.1.7.C.4.a, and adding Subsection 3.1.7.C.1.c relating to notice requirements; by revising Subsection 4.2.8.C., and adding 4.2.8.D.4, 4.2.10 and 4.2.11, and revising Tables 4.3.3, 4.4.3.B and 4.4.4 relating to lot measurements; by revising Table 4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.B, 5.3.2.0 and 5.3.2.D relating to accessory uses and structure; by revising Subsection 7.2.4.G relating to tandem parking; by revising Subsection 7.5.13.E relating to institutional signs; by adding Subsection 8.2.1.G.7 relating to cul -de -sacs; by adding Subsection 8.2.9 relating to dead end mains; and by revising 8.5.1.B and 8.5.2.B relating to the payment of fees; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. BACKGROUND AND FINDINGS: Over 6 months ago on July 1St 2011, the Unified Development Code (UDC) became effective. Since then as part of the continued improvement of the UDC, several potential text amendments have arisen. As when the UDC was originally adopted, the method of transparency and ability to be amended has proven invaluable. In large part to the participation and partnership with City staff and the citizens of Corpus Christi, ideas were submitted of how to further improve the UDC. The potential text amendments are as follows: Article 1.11.2 — Correcting the abbreviation of "ON" Neighborhood Office district to "ON" Office District. Article 1.11.3 — Creating definitions for "Gross Floor Area ", "Water Surcharges ", "Wastewater Surcharges ". Article 3.1.3 — Correcting the requirement that Special Use Exceptions, Certificate of Appropriateness, and Variances do not require a posted public notice on the subject property. Article 3.1.7.0 (4) — Correcting the content of notices to only reflect what is required on mailed notices. Current code requires a graphic to be published in the newspaper. Article 4.2.8.0 — Clarifying the requirement of the 2:1 ratio on non - single - family residential building setbacks adjacent to single- family residences as to the measurement being from the existing ground level to the plate below the roof. K:1 Legal \SHARE©ILEGAL- DEV.SVCS12012 AgendalUDC Amendments101 -31 -201-1 2 29— Text Amendments, Agenda Memo REVISED by EAM.doex UDC Text Amendments February 2, 2012 Page 2 Article 4.2.8.D — Further clarifying that the 2:1 ratio does not apply to the first 12 feet in height of the non - single- family residential building. Article 4.2.10 — Reducing the side yard setback to ten (10) on residential Tots when the properties are platted back to back (parallel). Properties that have an adjacent platted property to the rear that faces the side street (perpendicular) will have two front yard setbacks rather than one front yard setback and one side yard setback. Article 4.2.11 — Water Oriented Subdivisions: In a water oriented subdivision, the front yard setback can be reduced to 10 feet, private garages must maintain a front yard setback to 20 feet, and side yards may be modified for multifamily structures and accessory structures. Article 4.3.3 -- Correcting the front yard setback of the "RS -6" Single- family 6 district to 25 feet and reducing the rear yard setback requirement for all single - family zoning districts (RS -15, RS -10, RS -6, RS -4.5) from 15 feet to 5 feet. Article 4.4.3.B -- Under the "RM -AT" Multifamily AT District for Mustang Island and Padre Island, adding Corpus Christi Beach to the group and therefore reducing the minimum lot size requirements from 10,000 sq. ft. to 5,000 sq. ft, the minimum lot with from 85 feet to 50 feet, the corner setback from 15 to 10 feet, and the rear setback from 15 feet to 10 feet for properties on Corpus Christi Beach. Article 4.4.4 — Correction of the town house graphic to eliminate units below one another, townhouses may only be constructed side -by -side. Article 4.6.2 — Allowing retail sales and services and government facilities in the industrial zoning districts (IL, 1H) Article 5.3.2.B — Urban Chickens: This article excludes chickens from the animal pen or fenced pasture restriction to the "FR" Farm Rural District. Article 5.3.2.0 — Elimination of the minimum 100 foot, setback from property lines requirement. The fire department will determine the placement of fuel storage tanks. Article 5.3.2.D — Elimination of the width restriction of a private garage that faces a public right -of -way this is currently limited to 40% the width of the dwelling or 20 feet, whichever less. Article 7.2.4.G — Tandem parking shall be available to all single - family residential Tots. Article 7.5.13.0 — Modifying the sign allocation of institutional uses in non - commercial districts. If the use fronts upon an arterial or expressway the sign may be up to 64 sq. ft. in area and 20 feet in height. If the sign fronts upon a collector or local street the allocation is 40 sq. ft. and also 20 ft. in height. Article 8.2.1.G (7) — Front yard setback for cul -de -sacs or those on the knuckle of a circular portion may be reduced to 15 feet. Article 8.2.9 — Dead End Mains: A. Definition of dead end main. B. The creation of dead end mains is prohibited. K:I Lega 11SHA.R.EDILEGAL- DEV.SVCS12012 AgendalUDC Amendments101 -31 -2012, Text Amendments, Agenda Memo REVISED by EAM.dacx -130- UDC Text Amendments February 2, 2012 Page 3 C. No dead end mains are permitted and all water lines must conform to TCEQ requirements. D. For existing Dead end mains are servicing an areas, progress must be made to eliminate the dead end main by system looping. Article 8.5.1.B — Water surcharges do not have to be paid priorto plat recordation. Article 8.5.2.B — Wastewater surcharges do not have to be paid prior to plat recordation. ALTERNATIVES: Denial or alteration of the proposed text amendments. OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: Adoptions to the Unified Development Code (UDC) to improve the quality of the code. Some of the proposed text amendments are products of citizen input. EMERGENCY 1 NON - EMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget _ Encumbered / Expended Amount _ This item BALANCE RECOMMENDATION: Planning Commission and Staff's Recommendation: January 18, 2012, Approval of the proposed Unified Development Code (UDC) text amendments. K:I Legal \SHAREDILEGAL- DEV.SVCS12012 AgendalUDC Arnendments10I -31 -2012 'text Amendments, Agenda Memo REVISED by EAM.docx —131— Ordinance amending the Corpus Christi Unified Development Code by revising an abbreviation term at Subsection 1,11.2; by adding three definitions to Subsection 1.11.3; by revising Table 3.1.7,A and Subsection 3.1.7.C.4.a, and adding Subsection 3.1.7.C.1.c relating to notice requirements; by revising Subsection 4.2.8.C, and adding 4.2.8.0.4, 4.2.10 and 4:2:11, and revising Tables 4.3.3, 4.4.3.B and 4.4.4 relating to lot measurements; by revising Table 4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.B and 5.3.2.C, and deleting 5.3.2.D relating to accessory uses and structure; by revising Subsection 7.2.4.G relating to tandem parking; by revising Subsection 7.5.13.E relating to institutional signs; by adding Subsection 8.2.1.G.7 relating to cul -de -sacs; by adding Subsection 8.2.9 relating to dead end mains; and by revising 8.5.1.B and 8.5.2.B relating to the payment of fees; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Corpus Christi Zoning Ordinance; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 9, 2011, and Wednesday, January 18, 2012, during meetings of the Planning Commission, and on Tuesday, February 21, 2012, 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: SECTION 1. That Subsection 1.11.2, entitled "Abbreviations ", is amended by revising the term for the abbreviation "ON" to read as follows: 1,11.2..Abbreviations ON Neighborhood- Office District SECTION 2. That Subsection 1.11.3 entitled "Defined Terms" is amended by adding three definitions, to read as follows: 1.11.3 Defined Terms Gross Floor Area: The square feet of floor space measured from the exterior faces of the exterior wails and including the total of all floors of a building. It does not include porches, garages, or space in an attic or basement not used for dwelling purposes. Water Surcharge: A fee to be charged in addition to tap fees for single- family or duplex utility connections to be paid when the tap fee is paid. The current surcharge is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances. Wastewater Surcharge: A fee to be charged in addition to sanitary sewer tap fees to be paid when the sanitary sewer tap fee is paid. The .current surcharge is published in the Development Services fee schedule, Article XII, Chapter 14, Code of Ordinances. K:\ Legal \5HARED\LEGAL- DEV.SVC5\2012 Agenda \UDC Text Amendments (Non- Sustainability)\02 -02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinaI.docx -1 3 3- Page 2 SECTION 3. That Subsection 3.1.7 entitled "Public Notice Requirements" is amended by revising Table 3.1.7.A, entitled "Summary of Public Notice Required" and Subsection 3.1.7.C.4a., entitled "Content of Notice" and by adding to Subsection 3.1.7.C.1 entitled "Published Notice ", to read as follows: 3.1.7 Public Notice Requirements A. Summary of Public Notice Required Notice shall be required as shown in the table below. PioccduIe UDC Text Amendment Published ✓ Posed Moiled Zoning Map Amendment (Rezoning) ✓ ✓ ✓ ` Area -wide Zoning Map Amendment (Rezoning) ✓ Historic Overlay District Designafion ✓ ✓ ✓ Planned Unit Development ✓ ✓ ✓ Special Permit ✓ ✓ ✓ Special Use Exception ✓ +� ✓ Dune Protection Permit ✓ Beachfront Construction Certificate — ✓ Certificate of Appropriateness for Demolition (For Historic Districts) ✓ ✓ Variance (For Zoning Board of Adjustments) ✓ ,4 ✓ Replat Without Vacation ✓ ✓ ✓ = Public notice required C. All Other Procedures Notice for all procedures identified in the chart in paragraph 3.1.7.A above, excluding a replat without vacation, shall comply with the following: 1. Published Notice a. For review procedures requiring published notice, such notice shall be printed at least once in a local newspaper of general circulation within the City prior to the public hearing. The notice shall .contain the time and place of the hearing and a brief description of the agenda items to be considered or reviewed. b. The notice shall be published before the 15th day before the date of the public hearing. K: \Lega1\SHARE D \LEGAL- DEV.5VCS \2012 Agenda \UDC Text Amendments { Non- Sustainability) \02.02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinal.docx Page 3 —134— c. The notice for the Board of Adjustment shall be published before the 7th day of the public hearing as in accordance with the established bv-Iaws of the board. 4. Content of Notice a. Mailed Notice Published or Miailed notices shall contain at least the following information: * SECTION 4. That Section 4.2 entitled "Measurements" is amended by revising Subsection 4.2.8.C, entitled "Modification of Height Regulations" and adding Subsection 4.2.8.D.4, Subsection 4.2.10 entitled, "Back-to-Back", and Subsection 4.2.11 entitled, "Water Oriented Subdivisions", to read as follows: C. No multifamily or nonresidential structure shall be located nearer any property line adjacent to a single - family use or two - family use than a horizontal distance of twice the vertical height of the structure as illustrated below. The height shall be measured from the existing ground level to the plate. Commercial Building to 17' 1:2 slope Building Setback Height � 1 Property Line 100' Fl • 25'- Single- family or Two-family use D. Unless otherwise stated in this Unified Development Code, the horizontal distance ratio of 1:2 shall not apply to any of the following: 1. Utility structures such as elevated water storage tanks, and electrical transmission lines; 2. Architectural elements such as flagpoles, belfries, cupolas, spires, domes, monuments, chimneys, bulkheads, elevators or chimney flues; or any similar structure extending above the roof of any building K :\Legal\SHARED \LEGAL- DEV.SVCS\2012 Agenda\UDC Text Amendments (Non- Sustainability)\02 -02 -12 1st Round UDC TEXTAMENDMENTS, ORDINANCE, DWBFInal.docx 1 3 5_ Page 4 where such .atructure does not occupy more than 33% of the area of the roof; or 3. Residential radio /television receiving antennas. 4. Shall not apply to the first 12 feet in height of the building. * * * * 4.2.10 Back -to -Back A side yard on the side of a corner lot abutting the street shall be a minimum of not Tess than ten (10) feet back of the street right -of -way when such a lot is back to back with another corner lot and not Tess than the required minimum front yard in every other instance. 4.2.11 Water Oriented Subdivisions a. Front Yards: For Tots within a water oriented subdivision due to the openness created by the various waterways within the subdivision the front yard may be reduced to not less than 10 feet, provided this reduced front building line is indicated on the face of the recorded plat of the subdivision. Private garages, which open onto the street detached or attached to the main building shall maintain a yard of 20 feet from such garage entrance to the street right -of -way. A water oriented subdivision is a subdivision along any bay, gulf, cove, canal, lagoon, or pass and shall be a marina type development which shall include canals, channels and waterways adjacent to at least 20 percent of the lots within the subdivision. b. Side Yards: For multiple - family structures and accessory structures located within a water oriented subdivision, due to the openness created by the permanent waterways abutting the lots, the required side yard may be modified to deviate from the requirements of the Unified Development Code. K:\ Legal \SHARED\LEGAL- DEV.SVC5\2012 Agenda \ UDC Text Amendments ( Non- Sustainabflity)\02.02 -121St Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinaLdocx Page 5 — 1 3 6 - SECTION 5. That Section 4.3 entitled "Single - Family Residential Districts" is amended by revising table 4.3.3 entitled, "Residential Development (single- farmiiy districts) ", to read as follows: . Residential Development Standards Table 4.3.3. Residential Development (single - family districts) S. - ,I lIM1I1, O Ttj ' 4 7 } { -5 jv 1 _ �s k Ye' ea ••.;' -1'� �+rl 3 F I . :' yn"r� ._, J '' P ' � �( e , y i, i`- 6 �'S —s°^ Min Lot Area 5 ac. 1 ac. 15,000 10,000 6,000 4,500 Min. Lot Width (Ft.) 150 150 50 85 50 45 Min. Yards (ff.) Street Street (corner) 50 25. 50 25 25 25 20 25 20 See 4.2.10 Side (single) Rear 25 25 25 15 5 -135 5 5 5 5 5 5 Min. Open Space R 30% 30% 30% 30% Max. Height {ft.) 45 35 35 35 35 35 K:\ Lega1 \SHARED\LEGAL- DEV.SVCS\2012 Agenda\UDC Text Amendments (Non -Susta inability)\02 -02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinal.docx —137— Page 6 SECTION :6. That Section 4.4 entitled, "Multifamily Residential Districts ", is amended by revising Table 4.4.3.B. entitled, " Multifamily Zoning Districts ", and Table 4.4.4 entitled, "Multi- Family Housing Types," to read as follows: Table 4.4.33 Multifamily Zoning Districts �} Yr9fP k r1 S "'S <a - 1 ¢ Y•S• x `� t '� C t Y�sesr4�� . G T - ±!<' ' -' '' iy, X . `1* r-q M �` In,;� _ D 7" s %t„-- - �`,r ,.�,,, 3�, 'N ttif 1 s' h g sfa r3•t �" x a- 'ay e i R 2 P'§ F a# { 4 t33C- _ '' • ' ',AV. Y • y ).S ;r Y� ice Mia „f '.i 5.A� •' -Y , E.F ,. ;/ d2-- E • $" Max. Density (units /acre) 22 30 36 8.72 43.56 43.56 Min. Open Space (% site area) 35% 30% 30% 25% 25% 10% Min. Lot Area (sq. ft.) 6,000 6,000 6,000 5,000 10,000 10,000 Min. Lot Width (ft.) 50 50 50 50 85 85 Min. Yards (ft.) Street Street (corner) Side (1 fam & 2 fare)) Side (3+ fam) 20 15 10 20 20 15 10 20 20 15 10 20 20 -1-5-10 5 20 15 10 20 15 20 Rear 15 15 15 -1-5-10 15 15 Min, Building Separation (ft.) 10 10 10 10 Max. Height (ft.) 45 60 60 ... .. K;\LegaI\SHARE D\LEGAL- DEV.SVCS\2012 Agenda\UDC Text Amendments f Non -Susta inability)\02 -02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinal.docx Page 7 —138— Table 4.4.4 Multi - Family Housing Types Two - Family House Two attached dwelling units under single ownership, in a single structure and on a single lot (often called a duplex). The two units may be located on separate floors or side -by -side. Townhouse Two or more attached single - family units located on separately owned lots where the units are lined up in a row and share side walls, individual units may be mixed vertically. -411111116._ sedge. 5F14>, Unit 1 Unit 3 Townhouse Two or more attached single - family units located on separately owned lots where the units are lined up in a row and share side walls, individual units may be mixed vertically. Apartment One or more structures with four three or more units in a single structure on a single lot. An apartment can vary in height from two to five stories, individual units can be mixed vertically. K:\LegaI\SHARE D\LEGAL- DEV.SVCS\2012 Agenda \UDC Text Amendments (Non- Sustaina bi iity) \02.02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinal.docx -1 3 9 - Page 8 SECTION 7. That Section 4.6 entitled, "Industrial Districts," is amended by revising Table 4.6.2 entitled, "Permitted Uses (Industrial districts)," to read as follows: Table 4.6.2 Permitted Uses (Industrial districts) K :\ Legal \SHARED\LEGAL- DEV.SVCS\2012 Agenda \UDC Text Amendments (Non- Sustainability)102.02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinai.docx —1 0 — Page 9 xp, 1 o- x` 4 "._`v 5:''' .. T ..r.: 4. 5` . A �'R..- z�f�,a -' ,�'��' P = Permitted Use L = Subject to Limitations x . ' s � s $ 2 Residential Uses Caretakers quarters P P Upper -story residential unit within commercial business structures. L 5.2. I Public and Civ,c Uses Commercial child care SP SP 5.2.4 Government Facility Uses [5.1.3.0] P P Medical Facility Uses [5.1.3.E] P Parks and Open Area Uses [5.1.3.F] except for: P p Cemetery, columbaria, mausoleum, memorial park See Section 4.3.2 Golf course See Section 4.3.2 Passenger Terminal Uses [5.1.3.G] except for: P P Airport, helipad, heliport or landing field L L 5.2.2 Retail Sales and Service Uses. sales- and service- oriented [5.1.4.G1 P P P 5.2.12 5.2.13 lncludespersonal service uses Retail Sales and Service Uses, repair- oriented [5.1.4.G]. P Social Service Uses [5.1.3.1] P Utilities, major [5.1.3.J], except for: P P Wind energy units L L 5.6.4 Utilities, minor [5.1.3J] P P Wireless telecommunication facility See Section 5.5 K :\ Legal \SHARED\LEGAL- DEV.SVCS\2012 Agenda \UDC Text Amendments (Non- Sustainability)102.02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinai.docx —1 0 — Page 9 K:ILega &\SHARED\LE GAL- DEV.SVCS\2012 Agenda\UDCText Amendments (Non- Sustainabilityi\D2 -02 -12 1st Round UDC TEXTAMENDMENTS, ORDINANCE, DW BFinal.docx —1 4 1 - Page 10 Commercial Parking Uses [5.1.4 A] P Crematorium (animal) P P Fairgrounds P Office Uses [5.1.4.C] P Restaurant Uses [5.1.4.F] L 5.2.1 I Self- Service Storage Uses [5.1.4.H] P P Sexually- oriented business P - See Muni Code Ch. 48 Truck stop with overnight accommodations P P Vehicle Sales and Service Uses [5.1.4.1] except for: P Vehicle service, heavy P P Veterinarian or animal hospital without outdoor runs and kennels P Vocational, trade or business school P 7^i s - � t °t it ,. e, g ,. r a �,:A'. . s a ; ,v. ∎- - . y .f...,.'64' '%"* 1-Y Light Industrial Service Uses [5.1.5.A] P Warehouse and Freight Movement Uses[5.1.5.B] P Waste - Related Service Uses [5.1 .5.C] P Wholesale Trade Uses [5.1.5.D] P Heavy Industrial Uses [5.1.5.E] except for SP Tannery Stockyard Storage of explosives or other hazardous materials L 5.2.22 Above ground fuel tanks SUE - - r te* r i e -16 " Kennel or animal shelter, indoor or outdoor L L 5.118 Stable, public or private L L 5.2.19 Resource Extraction Uses [5.1.6.B] SP P K:ILega &\SHARED\LE GAL- DEV.SVCS\2012 Agenda\UDCText Amendments (Non- Sustainabilityi\D2 -02 -12 1st Round UDC TEXTAMENDMENTS, ORDINANCE, DW BFinal.docx —1 4 1 - Page 10 SECTION 8. That..Seption 5.3 entitled, "Accessory Uses and Structures," is amended:, by revising subsections 5.3.2.B entitled, "Animal Pens and Fenced Pasture," 5.3.2.0 entitled, "Fuel Storage," and by deleting 5.3.2.D entitled, "Garages, Private" to read as follows: * * 5.3.2.E Animal Pens and Fenced Pasture 1. An animal pen or fenced pasture (excluding chickens] only shall be permitted in the Farm -Rural district or as an accessory use to an agricultural use as defined in Subsection 5.1.6.A. 5.3.2.0 Fuel Storage 2. Above - Ground Fuel Storage a. Above - ground fuel storage tanks shall be a maximum of 10,000 gallons in CN and CR districts. b. Above ground fuel storage tales shall be located 3 minimum--of G. Specifications and location of any above- ground fuel storage tank is subject to Fire Marshall and Board of Adjustment review and approval pursuant to Section 3.12. cd. Fuel storage incidental to marina use is permitted at all marinas in all zoning districts in the City. Above - ground fuel storage is not allowed at boat docks and piers that do not perform all of the activities in the marina definition (Article 1.11). whichever or is Ieso: K : \Lega!\sHARED \LEGAL -DEV. SVGS \2012 Agenda \UDC Text Amendments ( Non- Sustainabikity) \02.02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinaLdocx Page 11 —142~ SECTION 9. That Section 7.2 entitled, "Off- Street Parking, Loading and Stacking," is amended by revising subsection 7.2.4.G entitled, 'Tandem Parking," to read as follows: 7.2.4.G Tandem Parking Tandem parking shall be allowed for single - family ale llings -on substan 1p-d aeg lots. SECTION 10. That Section 7.5, Signs, is amended by revising subsection 7.5.13.E, Institutional Signs, to read as follows: 7.5.13.E Institutional Signs 1. Any school, house of worship, recreation center or other institutional use permitted in the zoning district and fronts upon a designated arterial street or expressway may have one freestanding sign, not to exceed 40 64 square feet in area and 20 feet in height. However, if the use fronts upon a. designated local or collector street the sign shall not exceed 40 square feet in area and 20 feet in height. a. This may include changeable copy signs, not to exceed 30% of the sign area. b. Institutional signs may be illuminated. c. Such use may also be allowed one wall sign for each public entrance to a building. d. Institutional wall signs may not exceed 4 square feet each and may not be illuminated. * * * SECTION 11. That Section 8.2 entitled, "Design Standards," is amended by adding subsection 8.2.1.G.7 to read as follows: 8.2.1.G.7 Cul -de -sacs * * * 7. In the case of residential properties involving cul -de -sacs, the front building line around the circular portion of a cul -de -sac or the circular portion of a knuckle where a street makes a turn may be reduced to no less than fifteen (15) feet. K;\ Legal \SHARED\LEGAL DEV.SVCS12012 Agenda \UDC Text Amendments (Non- Sustainability) \02 -02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinal.docx Page 12 --143- SECTION 12. That Section 8.2 entitled, "Design Standards," is amended by adding subsection 8.2.9 entitled, "Dead End Mains," to read as follows: 8.2.9 Dead End Mains A. Definition. Any water main, whether fire, distribution, grid, arterial, or transmission main that terminates as a point other than a connection to another line or main which provides for Distribution System Looping. B. Water Circulation. Installation of permanent mains in the distribution system that do not provide for Distribution System Looping required to ensure water circulation and quality shall be prohibited, except as otherwise permitted herein. Dead end water supply mains and distribution mains may be temporarily permitted when an existing line is extended, and the further extension of the line is already programmed to begin construction within three years. All permitted dead end fines shall conform to TCEQ requirements and standards, as well as city standards. No other dead end lines are permitted, whether they are privately owned or publicly owned. C. Water Main Extension. Water main extensions associated with phased construction that do not fully provide for Distribution System Looping shall not be activated for service beyond the point where looping requirements were met, except as otherwise permitted herein. All permitted dead end lines shall conform to TCEQ requirements and standards, as well as city standards. No other dead end lines are permitted whether they are privately owned or publicly owned. D. Distribution System L000ina Where a proposed development includes areas currently served by Dead End Mains, required infrastructure improvements that provide for establishing Distribution System Looping and elimination of the Dead End Mains shall be defined. If these improvements qualify as arterial, grid, or distribution mains extensions, they will be administered in accordance with the requirements of Article 8 of the Unified Development Code. SECTION 13. That Section 8.5 entitled, "Trust Fund Policy ", is amended by revising subsections 8.5.1.B entitled, "Payment of Fees ", and 8.5.2.B entitled, "Payment of Fees ", to read as follows: 8.5.1.B Payment of Fees 1. Before any unit of a subdivision or single lot is completed and the final plat recorded, the developer will be required to pay to the City a lot fee or acreage fee, whichever is greater. A surcharge will apply to all property, new or existing, when a service tap application is made. All lot or acreage fees; and pro -rata fees and K:\ Legal \5HARED\LEGAL- DEV.5VC5\2012 Agenda \UDC Text Amendments ( Non- Sustalnability)\02 -02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DwsFinal.docx —144— Page 13 stifoiarges will, be paid :to the developer Trust Fund prior to recordation of the subdivision plat. Tap fees shall be paid to the City concurrently with the tap application for water service on individually- platted properties. These fees shall be applicable regardless of whether the properties are located inside or outside the City limits. Water service for outside the City limits only will be provided in accordance with the Municipal Code, Sections 55 -110 through 55 -119. 8.5.2B Payment of Fees 3. The surcharge will apply to all property, new or existing, when an application for a wastewater service tap is made. All lot or acreage fees; and pro -rata fees and surcharges will be paid to the City prior to the subdivision plat being recorded. SECTION 14. That the UDC and corresponding 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 15. 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 16. That any ordinance or part of any ordinance in conflict with this ordinance is hereby expressly repealed by this ordinance. SECTION 17. 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 may 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 18. 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 19. 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 20. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures page follows. K: \Lega I \SHARED \LEGAL- DEVSVCS \2012 Agenda \UDC Text Amendments (Non -Susta inability} \02 -02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinaldocx _ 1 45— Page 14 That the foregoing ordinance - was -read for the first time and passed to its second reading on this the day of , 2012, by the following votes: Joe Adame David Loeb Chris Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2012, by the following vote: Joe Adame Chris Adler Kelley Allen Larry Elizondo, Sr. Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED this the _ day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form only: this the - For Carlos Valdez, City Attorney By: .J � (‘--- borah Walther Bro Assistant City Attorne Joe Adame Mayor day of , 2012. K: \Legal \SHARED \LEGAL- DEV.5VC5\2012 Agenda \UDC Text Amendments ( Non- Sustaina bilityj \02 -02 -121st Round UDC TEXT AMENDMENTS, ORDINANCE, DWBFinal.docx Page 15 -146- 14 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: 1/26/2012 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police richardbacctexas.com 361 - 886 -2603 CAPTION: Submitting a grant application for Victim of Crime Act funds Resolution authorizing the submission of a grant application in the amount of $81,188.69 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $14,731.84 and $4,000 in -kind services, for a total project cost of $99,920.53; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. BACKGROUND AND FINDINGS: Year 13 funding is available from the State of Texas, Criminal Justice Division, which provides funds to projects with the primary mission of providing direct services to victims of crime. The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long -term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/ benefits for two Victim Case Managers, equipment, supplies, training, and mileage. The case managers provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. Additionally, they provide training to community groups regarding victimization issues and available resources, thereby increasing community awareness. The State provides $81,188.69 for the salary/benefits of two Victim Case Managers, equipment, supplies, training, and mileage. Volunteer hours contribute $4,000 as an in -kind contribution, and the City contributes $14,731.84 for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2012 — 8/31/2013. ALTERNATIVES: Not apply for the grant which will mean the loss of two civilian employees and an increased number of victims not protected. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms with all city policies EMERGENCY / NON - EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $14,731.84 $14,731.84 $14,731.84 BALANCE $14,731.84 und(s): Cash Contribution to Grants Comments: RECOMMENDATION: City staff recommends the submission of the grant for approval. LIST OF SUPPORTING DOCUMENTS: Grant application Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution authorizing the submission of a grant application in the amount of $81,188.69 to the State of Texas, Criminal Justice Division for funding available under the Victims of Crime Act (VOCA) fund for the Police Department's Family Violence Unit with a city match of $14,731.84 and $4,000 in -kind services for a total project cost of $99,920.53; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the State of Texas, Criminal Justice Division in the amount of $81,188.69. for funding available under the Victims of Crime Act (VOCA) Fund for the Police Department's Family Violence Unit with a City match of $14,731.84 and $4,000 in kind services for a total project cost of $99,920.53. SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: February 6, 2012 T. Trisha Dang Assistant City Attorney For City Attorney Reso- grant -Voca 2012 Joe Adame Mayor -151- Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 15 DATE: TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police 1 richardbAcctexas.com 361 - 886 -2603 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 1/25/2012 CAPTION: Submitting a grant application for Violence Against Women Act funds Resolution authorizing the submission of a grant application in the amount of $94,705.39 to the State of Texas, Criminal Justice Division. For funding available under the Violence Against Women Act (VAWA) fund for the Police Department's Family Violence Unit with a city match of $47,165,68 and $7,200 in -kind services, for a total project cost of $149,071.07; and authorizing the City Manager or designee to apply for, accept, reject, alter, or terminate the grant. BACKGROUND AND FINDINGS: Year 13 funding is available from the State of Texas, Criminal Justice Division, under the Violence Against Women Act (VAWA) that provides funds to projects with the primary mission of reducing and preventing violence against women BACKGROUND INFORMATION: The grant continues support for the Family Violence Unit that utilizes officers and volunteers to contact family violence victims when a written report is made by a field officer or from a welk- in to the unit at the Police Department. The grant provides funds for two victim case managers to contact victims who often fear retaliation and violence when the offender is released following arrest; contact with an advocate (case manager) can provide information concerning alternatives, available services, and protective orders to avoid continued violence. The case manager serves to establish and encourage a working relationship between social agencies and the Police Department and provides educational opportunities to the community through speaking engagements, distribution of literature, etc. A Staff Assistant handles the processing of Emergency Protective Orders, walk in traffic, and record keeping. The long term goal of the grant is to provide victims of domestic violence and other serious crimes with crisis intervention, follow up assistance, encourage . cooperation with law enforcement,,facilitate utilization of available resources, and assist with immediate and long -term safety needs. The State provides $94,705.39 for the salary/benefits of two Victim Case Managers, a Staff Assistant, equipment, supplies, training, and mileage, volunteer hours contribute in -kind contribution, and the City contributes $47,165.68 partial salary match, training, travel, supplies and miscellaneous equipment as the required match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 9/1/2012 — 8/31/2013. -155- ALTERNATIVES: Notto apply forthe''grant which will mean the loss `of three civilian employees and an increased number of victims not protected. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms with all city policies EMERGENCY /NON- EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $47,165.68 $47,166.68 $47,165.68 BALANCE $47,165.68 und(s): as contribution to grants Comments: RECOMMENDATION: City staff recommends the submission of the grant for approval. LIST OF SUPPORTING DOCUMENTS: Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution authorizing the submission of a grant application in the amount of $94;705.39- .to:the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) fund for the police department's Family Violence Unit with a city match of $47,165.68, an in -kind match of $7,200 in -kind services, for a total project cost of $149,071.07; and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to submit a grant application in the amount of $94,705.39 to the State of Texas, Criminal Justice Division, for funding available under the Violence Against Women Act (VAWA) Fund for the Police Department's Family Violence Unit with a City match of $47,165.68, an in -kind match of $7,200, for a total project cost of $149,071.07. SECTION 2. The City Manager, or designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these State of Texas, Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas, Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: January 31, 2012 T. isha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 16 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: 1/25/2012 TO: Ronald L. Olson, City Manager FROM: Richard Badaracco, Interim Chief of Police richardb acctexas.com 361 - 886 -2603 CAPTION: Submitting a grant application to'continue the Regional Fusion Center Resolution authorizing the submission of a grant application In the amount of $59,914 to the State of Texas, Office of the Governor, Criminal Justice Division for funding available under the Criminal Justice Programs Fund for the Police Department to continue the Regional Fusion Center and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. BACKGROUND AND FINDINGS: The purpose of the Corpus Christi Police Department Regional Fusion Center is to create an effective and efficient mechanism to exchange information and intelligence, maximize resources, streamline operations, and improve the ability of the Police Department and partnering agencies to fight crime and terrorism by merging data from a variety of sources. The grant funds an additional full time Intelligence Analyst who handles all Coastal Bend Regional Intelligence Fusion Center planning and operations (i.e. receipts and transmissions of data, timely data entry and analysis, field communications, reporting, etc.). The additional intelligence analyst under this grant will enable the Coastal Bend Regional Intelligence Fusion Center to accomplish the following goals: • To fully utilize the CompStat concept to bring local, regional and federal law enforcement partners, along with the private sector, together to share information on crime, gang activity, narcotics trafficking and all types of smuggling. • To incorporate effective techniques for intelligence sharing already established on a State and National level. • To create a 'nerve center' where information is collected and analyzed, and from which intelligence products are disseminated to all regional partners (i.e. local, regional, state, and federal law enforcement officers, etc.). • Improve the delivery of emergency and nonemergency services on a regional basis. • Provide a continuous flow of information and intelligence to all regional law enforcement partners to assist in identifying evolving threats or crime trends. The State provides $59,914 for the salary /benefits of one Intelligence Analyst. There is no match required by the City. The grant is on a 5 year cycle with this application for Year Two ALTERNATIVES: Not to apply for the grant which will mean the Toss of one civilian employee and a decreased capability to conduct crime analysis and gather intelligence. —161— OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms with all city policies EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE unots): Comments: RECOMMENDATION: City staff recommends the submission of the grant for approval. LIST OF SUPPORTING DOCUMENTS: Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution authorizing the submission of a grant application in the amount of. $59,914 to the. State of Texas, Office of the Governor, Criminal Justice Division for funding available under the Criminal Justice Programs Fund for the Police Department to continue the Regional Fusion Center, and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to submit a grant application to the State of Texas, Office of the Governor, Criminal Justice Division in the amount of $59,914 for funding available under the Criminal Justice Programs Fund for the Police Department to continue the Regional Fusion Center. SECTION 2. The City Manager, or his designee, may apply for, accept, reject, agree to alter the terms and conditions, or terminate the grant, if the grant is awarded to the City. SECTION 3. In the event of the loss or misuse of these Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: January 31, 2012 T. Trisha Dang Assistant City Attorney For City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 17 DATE: TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter @cctexas.com 361- 826 -7205 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 1/19/2012 Texas Beach Watch Contract CAPTION: Resolution approving a service agreement between the Corpus Christi- Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2011. BACKGROUND AND FINDINGS: The Corpus Christi - Nueces County Public Health District is in receipt of Contract No. 12- 195 -000 -5475 with the Texas General Land Office (GLO) to collect and analyze recreational beach water samples. The contract provides the Health District with financial assistance for expenses to support collection and analysis of recreational beach water samples for the GLO Texas Beach Watch Program. The contract period is from September 1, 2011 through August3l; 2012. Contract was submitted to Nueces County Commissioners Court and approved on January 4, 2012. This is a new Health District contract. ALTERNATIVES: Discontinue analyzing recreational beach water samples that would result in individuals within the community being unaware of contaminated water after heavy rain. The GLO is required by the State to analyze these waters. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required EMERGENCY / NON - EMERGENCY: -167- DEPARTMENTAL CLEARANCES: City Legal; County Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line item Budget Encumbered / Expended Amount This item BALANCE unats : Comments: Reimbursements will be submitted through the Nueces County coffers for the Health District, due to jurisdictional issues. RECOMMENDATION: Accept contract as written LIST OF SUPPORTING DOCUMENTS: Resolution Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution approving a service agreement between the Corpus; Christi - Nueces County Public Health District ( "Health District ") and the Texas General Land Office to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A service agreement between the Corpus Christ-Nueces County Public Health District ( "Health District ") and the Texas General Land Office is approved by the City of Corpus Christi, as a member of the Health District, to enable the Health District to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program. Additionally, the City Council ratifies approval of the agreement as of September 1, 2011. A copy of the agreement is incorporated by reference and attached as Exhibit "A" and will be placed on file with the City Secretary's Office. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 11, 2012 Eliza % -th R. Hundley Assi tant City Attorney for the City Attorney Joe Adame Mayor EHres307 GU] Beach Watch Agmt CCNCPHD 20120111 Page 1 of 2 —169— Corpus Christi, Texas of ,2012 The above resolution was passed by the following. vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 18 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation . MichaelMoacctexas.com 361 -826 -3464 Margie Silva Flores, Presiding Municipal Court Judge'yl Jay Reining, Interim Director of Municipal Court, Adoption of Training Standards for Juvenile Case Managers working at the Juvenile Assessment Center. CAPTION: Resolution adopting training standards for Juvenile Case Managers employed by the City of Corpus Christi, providing for implementation of said standards, and providing for periodic review to ensure implementation of the requisite standards. BACKGROUND AND FINDINGS: The City of Corpus Christi Juvenile Assessment Center offers services to youth and families ordered by the Municipal Juvenile Court to complete a court ordered case management program. During the State of Texas 82nd Legislative Session, Senate Bill 61 was enacted requiring a governing body that employees juvenile case managers to adopt rules that provide educational and training standards for juvenile case managers. The Juvenile Assessment Center, with the guidance of the leadership at the Parks and Recreation Department and Municipal Court has drafted these rules in order to comply with Senate Bill 61. ALTERNATIVES: Stop offering juvenile case management services. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY /NON- EMERGENCY: Emergency -173- DEPARTMENTAL CLEARANCES: Parks and Recreation, Municipal Court , Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Funds to meet training requirements are identified in the Municipal Court and Juvenile Assessment Center approved budgets for Fiscal Year 2011-2012. RECOMMENDATION: Approve item as presented LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A- Training Standards Exhibit B- Training Requirements Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution adopting training standards for Juvenile Case Managers. WHEREAS, the City has, under Code of Criminal Procedure 102.0174, authorized a juvenile case manager fund supported by additional costs assessed and collected in municipal court; WHEREAS, the City has, under Code of Criminal Procedure 45.056, employed juvenile case managers to provide services in cases involving juvenile offenders before the court; WHEREAS, the 82nd Texas Legislature enacted Senate Bill 61, which requires a governing body employing a juvenile case manager to adopt reasonable rules for juvenile case managers that provide for a code of ethics, educational pre - service, in- service training standards, and training in relevant substantive areas; WHEREAS, the City's current Code of Ethics applies to alI City employees, including Juvenile Case Managers; and WHEREAS, the City Council wishes to ensure that its juvenile case managers receive the requisite training and are held to the highest ethical standards; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, AS FOLLOWS: SECTION 1. The City Council adopts the Educational Pre - service and In- service Training Standards attached to and incorporated into this ordinance as Exhibit "A ". SECTION 2. All juvenile case managers shall receive training in the role of juvenile case manager, case planning and management, applicable procedural and substantive law, courtroom proceedings and presentation, services to at- risk youth, local programs for juveniles, and the detection and prevention of abuse, exploitation, and neglect of juveniles, as provided in Exhibit "B" which is attached to and incorporated into this ordinance. SECTION 3. Standards adopted by this ordinance shall be implemented by the Municipal Court and the Juvenile Assessment Center. SECTION 4. The performance of the juvenile case managers shall be reviewed annually to ensure implementation of the rules adopted by this ordinance. The review must form a part of the employee annual performance evaluation that is conducted under the Employee Policies and Procedures of the City. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to form: ,Ja 19, a0 l O�.il/YZ Lisa Aguilar, Assiut City Attorney for the City Attorney -175- Exhibit A- Pre - Service and In- Service Training Standards TRAINING STANDARDS Minimum Education Requirements for Case Managers: A Juvenile Case Manager applicant must possess the following: • Valid Texas drivers license with an acceptable driving record. • Bachelor's degree from a four -year college or university. • Degrees in relevant social sciences such as social work, psychology, criminal justice, sociology, or counseling are preferred. Minimum Pre- Service Training Requirements: New Juvenile Case Managers shall obtain a minimum of 24 hours of knowledge or skill -based training prior to assuming case management duties. Training must include the following topics: • The role of the Juvenile Case Manager • Ethics • Fundamentals of case planning and management • Introduction to juvenile law and courtroom proceedings • Law Enforcement process and procedures • Recognizing, reporting and preventing child abuse, exploitation and neglect • Introduction to /visits to local programs and services for juveniles Annual In- Service Training Requirements: Juvenile Case Managers shall complete a minimum 16 hours of additional in- service training each fiscal year. Topics may include, but are not limited to: Legal updates Mental health in juveniles Suicide prevention Substance use Domestic and family violence Rape /sexual assault Bullying Graffiti Gangs and gang violence Juveniles with physical, mental and learning disabilities Cultural Competency Youth and social media influences -176- Exhibit B — Training Requirements TRAINING REQUIREMENTS Each calendar year, a Juvenile Case Manager shall complete a minimum of eight hours of training in one or a combination of the following areas: • Role of the juvenile case manager • Case planning and management • Applicable procedural and substantive law • Courtroom proceedings and presentation • Services to at -risk youth • Local programs for juveniles; and • Detection and prevention of abuse, exploitation, and neglect of juveniles. -1 7 7- Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Alien Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 19 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 1/30/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services daub @cctexas.com; 826 -3729 Debbie Marroquin, P.E., Director of Gas Operatio Debbiern @cctexas.com; 853 -0377 Gustavo Gonzalez, P.E., Director of Water Oper Gustavogo @cctexas.com; 826 -1874 Foster Crowell, Director of Wastewater Operatio foster @cctexas.com; 857 -1801 RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT WITH TXDOT FOR AN ADVANCE FUNDING AGREEMENT FM24 from 1H37 to South of Starlite Road CAPTION: Resolution authorizing the City Manager, or designee, to execute an Interlocal Advance Funding Agreement with the Texas Department of Transportation ( TxDOT) for Voluntary Local Government Contributions to. Transportation Improvement Projects in the amount of $56,180.00 for manhole and valve adjustments during the rehabilitation of FM24 from IH37 to south of Starlite Road. BACKGROUND AND FINDINGS: The proposed project is a TXDOT rehabilitation project on FM 24 (Violet Road) from IH 37 to south of Starlite Road and will consist of base repair and overlay on the existing 4 lanes with a continuous left turn lane, road section. Improvements to the existing curb and gutter, sidewalks, curb ramps, and underground stormwater infrastructure will not be part of this project. TxDOT plans to bid the project on February 8th and start construction on March 5th in 2012. They expect construction to be complete in March of 2013. The City is responsible for adjustment of utility valve and manhole covers associated with this rehabilitation project. As part of TXDOT's contract with the lowest bidder, the contractor will do the final adjustment of the sanitary sewer manholes, gas valves, and water valves which are within the scope of the project. It is in the best interest of the City to allow TXDOT's contractor to adjust these utilities at the appropriate time and for the City to reimburse TXDOT for the adjustments. The City of Corpus Christi will contribute $56,180 for adjusting sanitary sewer manholes, gas valves and water valves on FM 24 (Violet Road) from IH 37 to south of Starlite Road, which is a TxDOT on- system location, including construction items and direct state costs, due upon full execution of the Advance Funding Agreement. -181- Description Total Estimated Cost Federal Participation State Participation Local Participation % Cost % Cost % Cost Adjust manholes and Valves (by State) $ 46,940.00 0% $0 0% $0 100% $46,940.00 Construction Engineering( by State) $ 4,927.00 0% $0 0% $0 100% $ 4,927.00 Subtotal $ 51,867.00 $ - $ 51,867.00 Construction Direct State Costs (1.54 %) $ 542.00 0% $o 0% $0 100% $ 542.00 Indirect State Costs (7.27 %) $ 3,771.00 0% $0 0% $0 100% $ 3,771.00 Subtotal $ 4,313.00 $0 $0 $ 4,313.00 TOTAL $ 56,180.00 $0 $0 $ 56,180.00 ALTERNATIVES: 1. Approve the resolution authorizing the City Manager, or designee, to execute an Interlocal Agreement with the Texas Department of Transportation ( TxDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with no required match for manhole and valve adjustments during the rehabilitation of FM24 from IH37 to south of Starlite Road. 2. Do not approve the resolution and the City utilities can adjust the sanitary manholes, gas valves and water valves with City crews or a contractor which would require close coordination and flexibility of work schedules due to the nature of adjusting valves and the critical timing during construction in which the adjustments need to occur. OTHER CONSIDERATIONS: This work is time sensitive because it is performed at the time the pavement grade changes which can happen more than once during a project. The final adjustment is made at the time the contractor lays the final layer of asphalt which if not done concurrently, the valves and manholes get covered with asphalt and are difficult for the City utilities to locate for self adjustment. Due to the nature of construction and the high demand on City crews, it may require the City to contract the work out which makes it difficult for the City to coordinate the schedule between the TXDOT contractor and a contractor we hire. It is also more costly to contract for a small amount of work which would require inclusion of mobilization costs while the TXDOT contractor is already mobilized. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY2011 -12 Capital Budget EMERGENCY INON- EMERGENCY: Not Applicable —1$2— DEPARTMENTAL CLEARANCES: Water Department Gas Department Wastewater Department FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) ,Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $56,180.00 $56,180.00 BALANCE s Fund(s): Comments: This project is being funded through Utility CIP proceeds for future TXDOT participation. RECOMMENDATION: It is recommended to execute an l nteriocal Agreement with the Texas Department of Transportation (TxDOT) for an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects for manhole and valve adjustments during the rehabilitation of FM24 from 1H37 to south of Starlite Road. LIST OF SUPPORTING DOCUMENTS: Location Map 0Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -183- \Mproject\cour ailexhibits \exhE11143.dwg RIVER • PROJECT SITE MCKENZIE RD HWY 44 a CZ ca LOCATION MAP NOT TO SCALE, PROJECT# E11143 AFA MANHOLE AND VALVE ADJUSTMENTS (FM 24 FROM IH 37 TO SOUTH OF STARLITE LANE) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 row NM MENI Mr MEI • -184- Resolution authorizing the City Manager, or designee, to execute an Interlocal Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for Voluntary Local Government Contributions to Transportation Improvement Projects in the amount of $56,180.00 for manhole and vale adjustments during the rehabilitation of FM24 from 1H37 to south of Starlite Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an Advance Funding Agreement for Voluntary Local Government Contributions to Transportation Improvement Projects with the Texas Department of Transportation (the "AFA ") in the amount of $56,180.00 for manhole and valve adjustments during the rehabilitation of FM24 from IH37 to south of Starlite Road. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. ATTEST: Armando Chapa City Secretary APP OVED AS .s FORM: 01- Feb -12 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor J:11.ENG11 AGENDA 1 T E M 5112\022112\022112 RESO AFA manhole & valve adjustments on FM24 lH 37 to Starlite Rddocx -185- Corpus Christi, Texas of ,2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 AGENDA ITEM S112\0221121022112 RESO AFA manhole & valve adjustments on FM24 IH 37 to Starlite Rddocx —186-- CSJ # 1556 -01 -024 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH ON- SYSTEM PROJECT THIS AGREEMENT is made by and between the State of Texas, acting by and through the Texas Department of Transportation, called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government." WITNESSETH WHEREAS, Transportation Code, Chapters 201, 221, 227, and 361, authorize the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 and Chapter 221, authorize the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112824 authorizes the State to undertake and complete a highway improvement generally described as rehabilitate FM 24 from IH 37 to south of Starlite Road; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as adjust manholes, gas valves and water valves on FM 24 from IH 37 to south of Starlite Road, called the "Project "; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: AGREEMENT 1. Time Period Covered This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will consider it to be in full force and effect until the. Project described in this agreement has been completed and accepted by all parties or unless terminated, as provided for by this agreement. 2. Project Funding and Work Responsibilities A. The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In AFA -AFA VoITIP Page 1 of 5 —187— Revised 04/01111 CSJ # 1556 -01 -024 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. B. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. C. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written notification. D. Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess fonds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 3. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 4. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 5. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the local government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 7. Interest The State will not pay interest on funds provided by the Local Government. Funds provided by the Local Government will be deposited into, and retained in, the State Treasury. AFA -AFA VoITIP Page 2 of 5 —188— Revised 04/01/11 CSJ# 1556 -01 -024 District # 16 — Carpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves 8. inspection and 'Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. Increased Costs A. In the event it is determined that the funding provided by the Local Government will be insufficient to cover the State's cost for performance of the Local Government's requested work, the Local Government will pay to the State the additional funds necessary to cover the anticipated additional cost. The State shall send the Local Government a written notification stating the amount of additional funding needed and stating the reasons for the needed additional funds. The Local Government shall pay the funds to the State within thirty (30) days of the written notification, unless otherwise agreed to by all parties to this agreement. If the Local Government cannot pay the additional funds, this contract shall be mutually terminated in accordance with Article 11 — Termination. If this is a fixed price agreement as specified in Attachment A, Payment Provision and Work Responsibilities, this provision shall only apply in the event changed site conditions are discovered or as mutually agreed upon by the State and the Local Government. B. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the Local Government. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. 10. Maintenance Upon completion of the Project, the State will assume responsibility for the maintenance of the completed Project unless otherwise specified in Attachment A to this agreement. 11. Termination A. This agreement may be terminated in the following manner: 1. By mutual written agreement and consent of both parties; 2. By either party upon the failure of the other party to fulfill the obligations set forth in.this agreement; or 3. By the State if it determines that the performance of the Project is not in the best interest of the State. B. If the agreement is terminated in accordance with the above provisions, the Local Government will be responsible for the payment of Project costs incurred by the State on behalf of the Local Government up to the time of termination. AFA-AFA_VoITIP Page 3 of 5 — 1 89— Revised 04/01/11 CSJ # 1556 -01 -024 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves C. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due to the Local Government, the State, or the Federal Government will be promptly paid by the owing party. 12. Notices All notices to either patty by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager 1201 Leopard St. Corpus Christi, Texas 78401 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided in this agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. 13. Sole Agreement In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. 14. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 15. Amendments By mutual written consent of the parties, this agreement may be amended prior to its expiration. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. AFA -AFA VoITIP Page 4 of 5 Revised 04/01/11 --19 0— CS]# 1556 -01 -024 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Adjust Water Valves 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately and the State may recover damages and all costs of completing the work. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT Signature Typed or Printed Name Title Date THE STATE OF TEXAS Cathy T. Floyd, CPA South Regional Support Center Director Date AFA- AFA_VoITIP Page 5 of 5 —1 9 1— Approvpastol egal corm: ,1112.:.. Or Veronica Ocai�as Assistant City Attorney For City Attorney Revised 04/01/11 CSJ # 1556 -01 -024 District # 16 — Corpus Christi Code Chart 64 # 09800 Project Adjust Water Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100 % of the construction costs for adjusting valves on FM 24 from IH 37 to south of Starlite Road, which is an on- system location, including construction items and direct state costs. Construction Direct State Costs 1.54% Indirect State Costs 7.27% Initial payment by the Local Government to the State: $0 Payment by the Local Government to the State before construction: $ 56,180.00 Estimated total payment by the Local Government to the State $ 56,180.00 This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA -AFA VoITI P Page 1 of 1 Attachment A —192— 20 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: January 25, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, interim Director of Engineering Services danb @cctexas. com; (361) 826 -3729 - Valerie Gray, Director of Storm Water and Street Operations ValerieG @cctexas.com (361) 826 -1875 • MOTION AUTHORIZING CONTRACT FOR PROFESSIONAL SERVICES Williams Drive Phase 3, from Airline Road to Staaies Street CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services contract with RVE, Inc. of Corpus Christi, Texas, in the amount of $959,995.00 for Williams Drive Improvements, Phase 3 from Staples Street to Airline Road. BACKGROUND AND FINDINGS: The proposed project is a street improvement project which will increase the two lane roadway to a four lane roadway. The improvements include a new street section, curb and gutter, combination 8 foot wide pedestrian /bicycle sidewalk on each side of the street, ADA curb ramps, lane striping, pavement markings, traffic signals and improvement of the storm sewer system which will be increased in capacity and/or rehabilitated as needed. New traffic signals will be installed for Williams Drive on the east and west sides of the intersection at S. Staples Street. Water and wastewater lines will be replaced and /or rehabilitated as needed. This project will be the third phase of the Williams Drive improvements completing the corridor from Staples Street to Rodd Field Road (SH 357). It will increase capacity for traffic. and storm water and improve connectivity to the State transportation system which will help alleviate congestion on Staples Street between Williams and SP1D. Due to the expected availability of Metropolitan Planning Organization (MPO) Category 7 construction funding dollars, the project will be designed -by the Texas Department of Transportation (TxDOT) standards which includes environmental clearance and TxDOT review (Advanced Funding Agreement with TxDOT was brought before Council on January. 24th and 31st), The _environmental component causes project design time to increase over the typical street improvement project. The construction funding is anticipated to be 80 %120% (TxDOT /City) for the street and storm water portion of the project which is expected to be available October 2013 at the earliest. Utility improvements will be 100% City funded. -195 K:ENGINEERING CATAEXCHANGESCLARISSAJ \STREETS1E11116 - WILLIAMS DRIVE IMPR PH. 3 STAPLES TO AIRLINESAGENDA ITEM - RVEIAGENDA 1 ITEM.DOC ALTERNATIVES: 1) Award this contract for Professional Services with RVE, Inc., a Texas Corporation, in the amount of $959,995.00 for the Williams Drive Improvements, Phase 3 from South Staples Street to Airline Road. 2) Not award contract and risk $ 3,923,892.00 of federal participation funds from the Texas Department of Transportation. OTHER CONSIDERATIONS: This project addresses safety concerns as well as increasing capacity on Williams Drive and will provide improved connectivity from South Staples Street to Rodd Field Road (SH 357). This project is the last of 3 phases from Rodd Field Road to South Staples. This project also addresses improved storm sewer capacity which carries drainage all the way from Moore Plaza to the Cayo Del Oso. The future funding of the City's portion of this project will be generated by future bond or CIP budgets. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; RFQ No. 2011- 03. FY 2011 -12 Capital Budget. EMERGENCY / NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,387,800.00 $11,976,800.00 $15,364,600.00 Encumbered / Expended Amount $383,500.00 $383,500.00 This item $959,995.00 $959,995.00 BALANCE $383,500.00 $2,427,805.00 $11,976,800.00 $14,404,605.00 Fund(s): Street RECOMMENDATION: It is recommended to execute a the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $959,995.00 for Williams Drive Improvements, Phase 3 from Staples Street to Airline Road. LIST OF SUPPORTING DOCUMENTS: - Project Budget Location Map ° Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager cc ICIENGINEERING DATAEXCHANGESCLARISSAJYSTREETS1E11116 - WILLIAMS DRIVE IMPR PI- rd119F6ffTO AIRLINESAGENDA ITEM - RVESAGENDA 1 ITEM.DOC PRELIMINARY PROJECT BUDGET WILLIAM DRIVE PHASE 3 FROM STAPLES STREET TO AIRLINE ROAD Project No. E11116 January 10, 2012 Street Bond 04. $ 1,007,994.00 Texas Department of Transportation (80% of Street and Storm Water Construction)3,923,892.00 Future Storm Water CIP... 755,794.00 Future Water CIP 537,754.00 Future Wastewater CIP 349,132.00 Future Street Bond Election /Bond 2008 Reserves 1,483,464.00 8,058,030.00 FUNDS REQUIRED: Construction (Estimate) $5,614,375.00 Contingencies 561,437.00 Construction Materials Testing 112,287.50 Consultant Fees: Consultant (RVE) 959,995.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin)... 241,740.90 Engineering Services (Project MgtlConstr Mgt/Traffic Mgt) 282,031.05 Finance Administration 120,870.45 Misc. (Printing, Advertising, etc.) 20,000.00 TOTAL $8,046,338.90 ESTIMATED PROJECT BUDGET BALANCE $11,691.10 * Construction Observation Services are included, but not authorized, in this contract. 4 Fire : \ Mprojeet \councilexh\exhEl1116.dwg COME CJfPrs RAY PROJECT # E11116 LOCATION MAP NOT TO 5CA.l.W FLOUR BLUFF WILLIAMS DRIVE IMPROVEMENTS, PHASE 3 FROM STAPLES STREET TO AIRLINE ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 NNW ImMi v -- -198- 21 AGENDA MEMORANDUM for the City Council Meeting of February 14, 2012 DATE: 2/1/2012 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, AAE, Director of Aviation 361 -289 -0171 x1216 FredS @cctexas.com CAPTION: Award Multi -Year Contract for Aviation Business Consultant Services Motion authorizing the City Manager or designee to execute a contract with Trillion AV LLC for Aviation Business Consultant Services with effective date February 1, 2012, with term of one year, with options to extend for up to four additional one year terms, with first year fee not to exceed $90,000.00, based on Statement of Work, of which the fee for the first six months of that first year shall not exceed $60,225.00, based on Statement of Work. BACKGROUND AND FINDINGS: Trillion Aviation has been the Airport's Aviation Business Consultants for the past three years, successfully negotiating and executing the Business Terms & Conditions of Airline Use & Lease Agreements, Rental Car Agreements, Ground Leases, Bond and Financial related reports and implementing new business models emerging in the Aviation Industry at Small- Medium Hub airports like Corpus Christi. ALTERNATIVES: Continue on a month -to -month with Trillion Aviation as our Aviation Business Consultants, incurring costs on time and materials or hourly rates. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This Professional Services Agreement complies with all City & State Purchasing & Contracting Policies & Procedures. EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Director of Aviation Airport Board Assistant Director of Financial Services Assistant City Manager Director of Finance Assistant Director of Management and Budget FINANCIAL IMPACT: • Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budgets $728,769.39. $728,769.39 Encumbered / Expended Amount $654,329.97 $654,329.97 This item $60,225.00 _ $60,225.00 $14,214.42 BALANCE $14,214.42 una[s): Comments: Funds are budgeted in Fund 4610 & 4631 RECOMMENDATION: The Department of Aviation with consent of the Airport Board, recommends award of contract to Trillion Aviation. LIST OF SUPPORTING DOCUMENTS: Executed Contract — Trillion Aviation Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager 7E tit Itt AVIA.T$ 3N MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT (the "Agreement ") is made and entered into as of February 1, 2012 (the "Effective Date "), by and between Trillion Av, LLC, ( "Trillion Aviation "), a Texas limited liability company, with offices at 4301 W. William Cannon Drive, Suite B -150, #293, Austin, Texas 78749, taxpayer identification number 27- 4065198, and the City of Corpus Christi acting through the Corpus Christi International Airport raw), a municipal corporation and political subdivision of the State of Texas, with offices at 1000 International Drive, Corpus Christi, Texas 78406, taxpayer identification number 74- 6000574. In consideration of the mutual promises or covenants contained in this Agreement, the parties agree as follows: Services This Agreement establishes the terms and conditions under which Trillion Aviation agrees to provide services to City on specific projects. For each such project, Trillion Aviation and City will enter into a mutually agreeable statement of work, signed by both parties, which will be appended hereto (each a "Statement of Work "). Each Statement of Work will describe the services to be performed by Trillion Aviation (the "Services "), pricing, commencement date of the project and estimated performance period, all of which shall be negotiated independently for each Statement of Work. Trillion Aviation shall not provide any legal services under this Agreement. In the event of a conflict in terms between this Agreement and any Statement of Work, the terms of that Statement of Work shall govern for that engagement only. Term, Termination, and Survival The term of this Agreement shall commence on the Effective Date and shall continue for a one (1) year period, and automatically renews for up to four (4) additional one (1) year extension terms, unless terminated as herein provided. Notwithstanding the foregoing, the Services shall be performed within the term specified in the relevant Statement of Work. Notwithstanding the foregoing, either party may terminate this Agreement at any time with or without cause upon sixty (60) days written notice. Trillion Aviation may terminate this Agreement if City defaults in any payment under this Agreement and does not cure said default within fifteen (15) days after receipt of Trillion Aviation's written notice. In the event of any termination, Trillion Aviation shall be entitled to reimbursement from City for its actual costs incurred, up to and including the date of termination. Any terms of this Agreement which by their nature .. extend beyond termination of this Agreement shall survive and bind the parties and their successors and assigns. Annual Statement of Work The parties shall develop an annual Statement of Work for each year of the Agreement to identify specific services to be performed by Trillion Aviation, with a not to exceed fee Trillion Aviation / City Page 1 —203— 1/30/2012 cap listed in the Statement of Work. The initial Statement of Work is attached as exhibit to this Agreement. The Director of Aviation and Trillion Aviation shall develop a new Statement of Work for each succeeding year of the Agreement, subject to mutual written approval of the Director of Aviation and Trillion Aviation and subject to appropriation of funds during the City annual budget process. Payment City agrees to pay Trillion Aviation for Services rendered under any Statement of Work pursuant to the pricing information contained in such Statement of Work. Hourly rates shall not increase above $175.00 per hour during the term. Hourly rates may increase by no more than three (3) percent during any extension term of this Agreement, In addition to Trillion Aviation's fees for Services, City agrees to reimburse Trillion Aviation for ail actual expenses incurred in the course of providing Services to City including, but not limited to, travel and ordinary business expenses. Trillion Aviation will bill City on a monthly basis unless agreed otherwise in a Statement of Work. Invoice shall identify number of hours worked and identify project. City shall make payment to Trillion Aviation within thirty (30) days of the date of receipt of Trillion Aviation's invoice. It is agreed that late payments by City will be subject to an interest charge of one (1) percent per month. Payment shall be made to the address set forth in such invoice. Relationship of the Parties Nothing herein contained will be construed to place the parties in the relationship of partners, joint venturers, or principal and agent, and neither party has the power to obligate or bind the other in any matter whatsoever. Trillion Aviation shall not work or assist on any air service development project for the San Antonio International Airport (SAT). Representations and Warranties Trillion Aviation represents and warrants that all Services will be performed in a good and workmanlike manner consistent with good industry practice and in accordance with the specifications for such services provided in the relevant Statement of Work. Except as explicitly stated in this Agreement, neither party makes any warranties and expressly disclaims any and all warranties, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, City and Trillion Aviation agree that this Agreement is predominantly an agreement for the provision of services. Trillion Aviation shall ensure that all Services and advice provided are in compliance with all applicable Federal grant assurances and applicable rules and regulations of the Federal Aviation Administration. All services shall be in compliance with applicable Local, State, and Federal laws, rules, ordinances and statutes. INDEMNIFICATION TRILLION AVIATION ("CONSULTANT") AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT Trillion Aviation / City Page 2 —204— 1/30/2012 THOSE CAUSED BY THE NEGLIGENCE OF THE CITY. CONSULTANT MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES. OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE. LOSS, CLAIMS, DEMANDS OR ACTIONS, THE INDEMNIFICATION OBLIGATIONS OF CONSULTANT UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Insurance. Trillion Aviation must provide insurance in accordance with the attached insurance exhibit. Notices Ali notices which are required or may be given pursuant to this Agreement must be in writing and sent to the individual listed below or his successor at the address above first written. Notices shall be delivered via registered or certified mail, postage prepaid, return receipt required or by a recognized courier service such as Federal Express or UPS, with package tracing capability. Change Orders Either party may request in writing that Trillion Aviation make changes, modifications, or enhancements to the Services being provided pursuant to this Agreement ( "Service Changes"). The parties will meet to determine whether they desire for Trillion Aviation to proceed with the making of the proposed Service Change. The parties must provide written approval (a "Change Order ") to authorize the making of the Service Change. Change Orders will constitute part of the specific Statement of Work. Confidentiality; Intellectual Property Trillion Aviation agrees to regard and preserve as confidential all information related to the business and activities of City that may be obtained by Trillion Aviation as a result of performing Services under this Agreement. City agrees to regard and preserve as confidential all information related to the business and activities of Trillion Aviation that may be obtained by City as a result of this Agreement and the performance of Services contemplated hereby, including, without limitation, all information regarding pricing of Services. Both parties agree to hold such information in trust and confidence for the other party and not to disclose such information to any person, firm, or enterprise, or use any such information to its own benefit, or to the benefit of any third party, unless authorized in writing by the party in interest. Information shall not be considered confidential to the extent that such information is: (1) already known free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction; or (iii) generally available to the public, or required to be disclosed under applicable State or Federal laws.. In the course of performance under this Agreement, Trillion Aviation may use products, materials, tools, and methodologies that are proprietary to Trillion Aviation or to third parties (collectively, "Proprietary Items "), City will not have or obtain any rights in such Proprietary items -other than (i) to 'use them as authorized by Trillion Aviation in writing from time to time solely for purposes of performing its responsibilities under this Agreement. If Proprietary Items are made available to City, they will be made available "AS IS and without express or implied warranties of any kind. Nothing in this Agreement will preclude Trillion Aviation from marketing, developing, or using for itself or others, services or products that are the same as or similar to those provided to City by Trillion Trillion Aviation / City Page 3 -205- 1/30/2012 -Aviation pursuant to this Agreement. Furthermore, Trillion Aviation will continue to be free to use its general knowledge, skills, and experience and any ideas, concepts, know - how, and techniques related to the scope of this Agreement and used in the course of performing its obligations hereunder. Govemine Law; Venue This Agreement shall be governed by and construed under the laws of Texas, without regard to the provisions of Texas law regarding conflicts of law. The parties hereby submit exclusively to the jurisdiction of, and agree that venue is proper in, any state or federal court of competent jurisdiction located in Nueces County, Texas. Miscellaneous No alteration or modification of this Agreement or any Statement of Work will be binding or effective unless in writing and signed by a duly authorized representative of both Trillion Aviation and City. Without the prior written consent of the other party, which consent will not be unreasonably withheld, neither party may assign its rights or obligations under this Agreement except (1) to Affiliates, or (ii) in connection with the sale, merger, or consolidation of its business, or the transfer of all or substantially all of its assets. For purposes of this Agreement, "Affiliate" means, with respect to either party, any entity which directly or indirectly through stock ownership or through other arrangements either controls, or is controlled by, or is under common control with that party. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any provision of this Agreement is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of this Agreement, and the remainder of this Agreement shall be enforced. This Agreement, together with all Statements of Work, constitutes the entire agreement between the parties when executed by duly authorized signatories of Trillion Aviation and City. This Agreement may be executed in any number of counterparts and any party hereto may execute any such counterpart, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by reason beyond the reasonable control of such party. Time is of the essence in performance of this Agreement. WHEREAS, the parties hereto entered into this Agreement as of the Effective Date. TRILLION AV, LLC CITY OF CORPUS CHRISTI By By: Name: Daniel Be Name: Title: President . Title: Date: 1/30.11 L Trillion Aviation / City Page 4 —206— .pate :. 1/30/2012 The parties hereto accepted and approved this Statement of Work as of the latest date written below and this Statement of Work may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Any signature delivered by facsimile shall be treated for all purposes as an original. TRILLION AV, LLC By: -L�-g Name; Daniel Benz n Title: President Date: 1/ 34) r z Trillion Aviation / City CITY OF CORPUS CHRISTI By: Name: Title: Date: Ace rav ( a } egL•e / l/' Page 6 -207- G� /4- carer 1/30/2012 PERFORMANCE STANDARDS: Commensurate with the highest industry standards. PRICING: Fee not to exceed $60,225 per duration of the Statement of Work No. 1, based on hourly rate of $175. Expenses: Reasonable travel- related (e.g., airfare, hotel, meals, parking), reimbursement at cost without markup. Anticipated 2 -3 visits by one or more persons Out of scope work, as requested by City, would be billed on time and materials at an hourly rate of $175. COMMENCEMENT DATE: February 1, 2012 DURATION: July 31, 2012 The parties hereto accepted and approved this Statement of Work as of the latest date written below and this Statement of Work may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Any signature delivered by facsimile shall be treated for all purposes as an original. TRILLION AV, LLC By: -L�-g Name; Daniel Benz n Title: President Date: 1/ 34) r z Trillion Aviation / City CITY OF CORPUS CHRISTI By: Name: Title: Date: Ace rav ( a } egL•e / l/' Page 6 -207- G� /4- carer 1/30/2012 INSURANCE REQUIREMENTS A. Trillion Aviation must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Trillion: Aviation must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Trillion Aviation through its broker must furnish to the City's Risk Manager a Certificate of Insurance, with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a waiver of subrogation is required for the General Liability and Workers Compensation policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises -- Operations 3. Products/ Completed Operations 4. Contractual Liability 5. independent Contractors 6. Personal Injury — Advertising Injury $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY including: 1. Owned Vehicles 2. Hired & Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided must cover officers, directors employees and agents 1. ERRORS AND OMMISIONS $1,000,000 per claim! $1,000,000 aggregate Defense Costs not included in face value of policy If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any !imitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable to Trillion Aviation's paid employees while on City property WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT..., ,. 500,000/500,000/500,000 Trillion Aviation / City Page 7 —208— 1/30/2012 In the event of accidents of any kind caused by Trillion Aviation at or on the Corpus Christi International Airport, Trillion Aviation must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. U. ADDITIONAL REQUIREMENTS A. Trillion Aviation must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If coverage not written in accordance with Texas law, All Other States (AOS) endorsement must be indicated on the certificate of insurance. B. Trillion Aviation's financial integrity is of interest to the City; therefore, subject to Trillion Aviation's right to maintain reasonable deductibles, Trillion Aviation shall obtain and maintain in full force and effect for the duration 'of this Contract, and any extension hereof, at Trillion Aviation's sole expense, insurance coverage written on an occurrence basis (or a per claim basis for claims made policies) , 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. 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. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.D. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Trillion Aviation 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, and elected . representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; Trillion Aviation / City Page 8 -209- 1130/2012 • Workers' compensation and .employers' liability .- policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage initiated by Trillion Aviation, and not less than ten (10) calendar days advance written notice for nonpayment of premium by Trillion Aviation. E. Within five (5) calendar days of the effective date of a suspension, cancellation, or non - renewal of coverage, Trillion Aviation shall provide a replacement Certificate of insurance and applicable endorsements to City. City shall have the option to suspend Trillion Aviation's performance should there be a lapse in coverage at any time during this contract. Failure to cure a suspension, cancellation, or non - renewal of coverage within a reasonable period and to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Trillion Aviation'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 Trillion Aviation to stop work hereunder, and/or withhold any payment(s) which become due to Trillion Aviation hereunder until Trillion Aviation demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Trillion Aviation may be held responsible for payments of damages to persons or property resulting from Trillion Aviation's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Trillion Aviation'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 agreement, except for the City's indemnification obligations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Trillion Aviation / City Page 9 —210— 1/30/2012