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Agenda Packet City Council - 02/21/2012
c� e 1 �f -Fey � uua � 2 M2� 2 I ' - f F. i i S.. � E f t I ¢ fi� r i 3. 11:45 A.M. - Proclamation declaring February 21, 2012 as "Half Price Books Half Pint Library Day" Proclamation declaring February 21, 2012 as "Leadership Corpus Christi Class 40 Day" 1 Proclamation declaring February, 2012 as "Career and Technical Education Month" Swearing-in ceremony of newly appointed board, commission and committee members i AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 FEBRUARY 21, 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 Concillo y cree que su ingles es limitado, habra un int6rprete ingl6s-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 Dr. Cuthbert Machamire, CHRISTUS Spohn Health System. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor. Pro Tem Chris N. Adler Council Members: Kelley Allen City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Priscilla Leal City Secretary Armando Chapa David Loeb John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting { February 21, 2012 Page 2 E, MINUTES: 1. Approval of Regular Meeting of January 31, 2012 and February 14, 2012. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment#2) 2. Intergovernmental Commission on Drug and Alcohol Abuse * Mayor's Fitness Council 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 Councilwill use a different method of adoption from the one listed, may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at-the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. State grant a0plication to renew Victims of Crime Grant Resoiution 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 Agenda i Regular Council Meeting February 21, 2012 Page 3 1 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 #3) 4. 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 #4) 5. 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 #5) i . 6. 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 Patricia Counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2011. (Attachment #6) 7. Adoption of training standards for Juvenile Case Managers re wired 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 #7) Agenda Regular Council Meeting February 21, 2012 Page 4 8. Agreement to reimburse TxDOT for adjustment of ,utilities related to FM24 improvements l 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 i` adjustments during the rehabilitation of FM24 from IH37 to south of Starlite Road. (Attachment #8) 9. Appropriation of utility customer donations for City„ Arts programs Second 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. (First Reading 2/14/12) (Attachment #9) 10. Appropriation of TCEQ settlement monies toward the Oso Ba Learning Center and Wetland Preserve Second Reading Ordinance - Appropriating $9,980 from j 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. (First Reading 2114112) (Attachment#10) 1. EXECUTIVE.SESSION: (NONE) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. Agenda jRegular Council Meeting February 21, 2012 Page 5 i J. PUBLIC HEARINGS: 11. Proposed text amendments to_the_Unified Development Code Second 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.C, and adding 4.2.8.DA, 4.2.10 and 4.2.11, and revising Tables 4.3.3, 4.4.3.8 and 4.4.4 relating to lot measurements; by revising Table 4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.6 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 8.5.1.8 and 8.5.2.8 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. (First Reading 2114112) (Attachment#11) K. REGULAR AGENDA J CONSIDERATION OF MOTIONS RESOLUTIONS AND ORDINANCES: 12. Appointment of Police Chief Motion confirming the City Manager's appointment of Floyd D. Simpson as Police Chief. (Attachment#12) 13. Grant application for firefighter staffing Resolution authorizing the City Manager or designee to submit a grant application in the amount of $2,464,533 to the United States Department of Homeland Security-Staffing for Adequate Fire and Emergency Response (SAFER) Grants Program to hire 27 additional firefighters within the Fire Department and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. (Attachment #13) 1 Agenda Regular Council Meeting February 21, 2012 Page 6 14. 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 #14) 15. Award of multi-year contract for AviationBusiness Consultant Services Motion authorizing the City Manager or designee to execute a f contract with Trillion AV LLC, of Austin, Texas for Aviation 1 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, 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 #15) 1 L. FIRST READING ORDINANCES: I 16. Ordinance accepting and appropriating resident share of street Dgmp construction First Reading Ordinance -- Accepting and appropriating $3,000 residents' cost share for street hump construction in the No. 1020 General Fund; changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by$3,000 each. (Attachment #16) 17. Ordinance addinq new minimum monthly char a for industrial untreated water customers First Reading Ordinance - Setting rates for the sale of untreated water to large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for publication. (Attachment #17) Agenda Regular Council Meeting February 21 , 2012 Page 7 18. Ordinance executing temporary water sales contract First Reading Ordinance — Authorizing the City Manager to execute a temporary raw water sales contract with Formosa a Plastics Corporation, Texas. (Attachment#18) M. FUTURE AGENDA ITEMS AND UPDATES TO CITY 1 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: 19. Award of supply agreement for crushed limestone base Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for crushed limestone base in accordance with Bid Invitation No. BI-0059-12, based on low bid, for an estimated annual expenditure of $340,600 of which $141,916.67 is required for FY2011-2012. The term of the contract is for twelve months with an option to extend for up to two additional twelve month periods, subject to the approval of the supplier and the City Manager or designee. Funds are budgeted by the Street Department in FY2011-2012. (Attachment #19) 20. Purchase of a valve maintenance machine for Water i Department Motion approving the purchase of a valve maintenance machine from E.H. Wachs Co., of Harvard, Illinois based on the Cooperative Purchasing Agreement with the Texas Local Government 'Cooperative, in the amount of $69,832.14. Funds have been budgeted by the Water Department in FY2011-2012. (Attachment #20) 21. Purchase of a replacement boom slope mower for Storm Water Motion approving the purchase of one (1) boom slope mower from Tiger Corporation, of Sioux Falls, South Dakota in the amount of $106,229.70. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet and will be used by the Storm Water Department. Funds are available in the Storm Water Operations Budget in FY 2011- 2012. (Attachment #21) Agenda Regular Council Meeting February 21 , 2012 Page 8 22. Approval of contract to electronically archive personnel files Motion approving a contract with MCC], of Tallahassee, Florida for an estimated expenditure of $86,905. The pricing terms listed are in effect for three (3) years from the signed contract date. Funds are budgeted in the General Fund and the Risk Management Administration Fund for the remainder of FY2011- 2012. (Attachment # 22) 23. Acceptance of a grant for compressed natural gas (CNG) of vehicle project a. Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. (Attachment #23) i b. Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project; i appropriating $49,000 from the Reserve for Fleet Maintenance Fund No. 5110 and transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project. (Attachment #23) i a 24. Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi Reinvestment Zone No. 3 Board of Directors. (Attachment # 24) 25. Approval of an agreement for a water_ control structure for Rincon Bayou Motion authorizing the City Manager or designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Inc. i for the construction and maintenance of a permanent water control structure on the Rincon Bayou. (Attachment # 25) 26. Approval of amendment to contract_ with Conrad Blucher Institute (CBI) at TAM U-CC Motion authorizing the City Manager or designee to execute - Amendment #1 of the "Rincon Bayou Diversion Project-Salinity and Freshwater Inflow Monitoring" Contract with Conrad Blucher Agenda Regular Council Meeting February 21, 2012 Page 9 Institute (CBI) at Texas A&M University-Corpus Christi (TAMU- CC). (Attachment # 26) 27. Approval of professional service contract for environmental testing and reporting Motion authorizing the City Manager or designee to execute Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of .$107,450 for a total amount not to exceed $256,829 for Kostoryz Road Improvements Phase 1 project for additional environmental testing and reporting. (Attachment # 27) 1 28. Award of service agreement for temporary staffing_services Motion approving service agreements with the following companies for the following amounts for temporary staffing services, based on lowest responsible bid and multiple progressive awards, in accordance with Bid Invitation No. BI- 0186-11, for an estimated two-year expenditure of f $6,988,268.29 of which $1,455,889.23 is required for the remainder of FY2011-2012. The term of the service agreement is for two years with an option to extend for up to two additional twelve month periods, subject to the approval of the suppliers and the City Manager or designee. This service will be used by all City departments. Funds are .available in the using departments' operating budgets in FY 2011-2012 and will be requested for FY 2012-2013. (Attachment #28) Unique Employment Services Absolute Staffing, L.P. Advance'd Temporaries, Inc. Corpus Christi,Texas Corpus Christi,Texas Corpus Christi,Texas 26 Line Items 35 Line Items 60 Line Items $1,995,078.42 $1,958,937.44 $1,623,555.95 JAT Partners, LLC Express Employment Professionals DBA Remedy Intelligent Staffing Corpus Christi,Texas, Corpus Christi Texas 2 Line Items 19 Line Items $251,586.30 $1,159,110.17 Grand Total. $6,988,268.29 29. Memorandum of Understanding with the Lavaca-Navidad River Authority in relation to Garwood water rights j Motion authorizing the City Manager or designee to execute a Memorandum of Understanding with the Lavaca-Navidad River Authority (LNRA) to develop alternatives for the leasing of the Agenda Regular Council Meeting February 21 , 2012 Page 10 Garwood water rights to potential customers which may include the construction of a pipeline and appurtenances to the LNRA facility. (Attachment #29) FUTURE CORPORATION MEETING ITEMS: 30, Motion appointing Council Members to the Board of Directors of the Corpus Christi Housing Finance Corporation. (Attachment # 30) 31. Annual Board Meeting of the Corpus Christi Housing Finance Corporation (Attachment # 31) 32. Approval_of the transfer of funds for Ward Building expenditures a. Ordinance approving an advance of $135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund . No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures. (Attachment #.32) b. Ordinance appropriating $330,215.82 in Fund No. 9030 Corpus Christi Housing Finance Corporation to pay for Ward Building expenditures. (Attachment # 32) c. Ordinance appropriating and transferring $578,360.15 from the Fund No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase revenue by $578,360.15. (Attachment # 32). d. Ordinance approving the transfer of the parking lot and the long-term leasehold interest in the Ward Building generally j located on North Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. (Attachment # 32) I Agenda Regular Council Meeting February 21, 2012 Page 11 FUTURE PUBLIC HEARINGS: 33. Zoning change for property located at 14353 Commodores Drive from residential to commercial Case No. 0112-02, Asset Development Corporation: The applicant is requesting a change of zoning from the "RS-6" Single-family 6 District and "RM-AT" Multifamily Apartment Tourist District to the "CR-2" Resort Commercial District-Barrier Island Business, resulting in a change of future-land use. The property to be rezoned is an 111.69-acre tract of land out of a portion of Block 26, 96.6.acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, portion out of Lot 20, Block 41, Lots 7-14, Block 43, portion out of Lots 6, 8 and 14 and all of Lots 9- 13, and Block 44, portion out of Lots 1 , 2, 6 and 7 and all of Lots 3-5, all in Padre Island-Corpus Christi Fairway Estates, located west of South Padre island Drive (PR22) and south of Commodores Drive. (Attachment# 33) Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "CR-2" Resort Commercial District-Barrier Island Business. UPDATES TO CITY COUNCIL: 34. City Business Plans: Process, Plans and Tool (Attachment# 34) 35. Plastic Bag Initiatives (Attachment # 35) 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 Agenda Regular Council Meeting February 21, 2012 Page 12 ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: * Update on City Operations 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 J p.m., on February 16, 2012. ! IT Armando Chapa City Secretary 1 i NOTE: The City Council Agenda can be found on the City's Home Page at www.cetexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. I I i 3 { I I 1 I MINUTES • City of Corpus Christi, Texas Regular Council Meeting January 31, 2012 - 12:00 p.m. Present: Mayor Joe Adame Council Members: City Staff: Chris Adler City Manager Ronald L. Olson Kelley Allen City Attorney Carlos Valdez Larry Elizondo City Secretary Armando Chapa Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott 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 i 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. MayorAdame called for approval of the minutes of the Regular Council meeting of January t 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: i 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, iAllen, Leal, Loeb, Marez, Martinez and Scott, voting "Aye"; Elizondo was absent. i I j Minutes - Regular Council Meeting i 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 $926,655.38 to adjust or relocate its pipeline amenities to clear city right-of-way on Mckinzie Road from the Lyondell Plant to 1 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. i 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 1 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 i Improvements, Phase 3, from Staples Street to Airline Road. The foregoing resolution was passed and approved with the following vote:Adame,Adler, Alien, 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 - 1124112) 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 Chapa 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 1 January 31, 2012 f Page 3 I 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: i i Mayor Adame announced the executive sessions which were listed on the agenda as follows: Executive session pursuant to Section 551.071 of the Texas Government Code for j consultation with attorneys regarding Cause No. 8-11-6088CV-8 styled City of Ingleside, Texas vs. City of Corpus Christi, Texas presently pending in the 156 District Court of San Patricio, County with possible discussion and action in open session. I 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. i 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 Infield 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 f 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. MayorAdame 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 th � P Y e 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: i 9.a. ORDINANCE NO. 029362 I 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. i 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: Adams,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. —4— Minutes - Regular Council Meeting January 31, 2012 Page 5 FIRST READING ORDINANCE MayorAdame referred to Item No. 10. Pat Eldridge, Police Department stated that this item is fora 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 1 comments from the audience. There were no comments. City Secretary Chapa polled the Council i for their votes as follows: 10. FIRST READING ORDINANCE 1` 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. i 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. I 11. Motion approving supply agreements with the followingcompanies 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 Performance Food Group Corpus Christi, Texas Victoria, Texas 140 line items 105 line items $79,724.63 $92,900.80 Grand total. $172,626.43 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 fortwelve 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 11 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. Zoninq 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 (CRAP) 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 (GAAP) 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. -6- Minutes - Regular Council Meeting January 31, 2012 Page 7 PUBLIC COMMENT Ma orAdame called for comments from the audience.thence. 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 bags; Nick Maya,spout about 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 workingfor the CCity of Carpus 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. i 1 6 _ I MINUTES City of Corpus Christi, Texas Regular Council Meeting February 14, 2012 - 12:00 p.m. I (D. 1 1 Present: Mayor Joe Adame aCouncil Members: City taff: Chris Adler City Manager Ronald L. Olson Kelley Allen City Attorney Carlos Valdez Larry Elizondo City Secretary Armando Chapa Priscilla Leaf David Loeb John Marez Nelda Martinez Mark Scott i Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Lakendra Lewis, Diamond Ministry and the Pledge of Allegiance to the United States f=lag was led by Council Member Larry Elizondo. 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 stated that due to some corrections, the approval of minutes of the Regular Council Meeting of January 31, 2012 will be considered next Tuesday. BOARD APPOINTMENTS The council made the following reappointments and new appointments to the city's boards, commissions and committees: i Animal Control Advisory Committee Harold Bennett, New Appointment Clean City Advisory Committee Teresa Klein (Comm at Large), Reappointed Juan Rodriguez (Comm at Large), Reappointed Dan Wilkerson (Beautify CC Assn), New Appointment Rebecca Lyons (Educator), New Appointment Kimberly Brumley (Comm at Large), New Appointment Virginia Delgado (Comm at Large), New Appointment Ethics Commission Matthew Topelian, New Appointment Human Relations Commission Abel Alonzo, New Appointment Landmark Commission Dr. James Klein (History Teacher), Reappointment _g_ Minutes - Regular Council Meeting February 14, 2012 Page 2 Leo Rios (Real Estate), Reappointed Marie Guajardo (Regular Member), Reappointed Karen Howden (Historian), Realignment Eric Villarreal (Civil Engineer), New Appointment Margareta Fratila (Regular Member), New Appointment Armando Mendez (Regular Member), New Appointment Leadership Committee for Senior Services Esperanza Lopez (Senior Center), Reappointed Vicki Garza (Community), Reappointed Ida Hobbs (Community), Reappointed Adelfa Martinez (Community), Reappointed Breanna Rye (Agency), New Appointment Maricela Rivera (Agency), New Appointment Cindi Mutchler (Community), New Appointment Kenneth Mutchler (Community), New Appointment CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 7).There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. M2012-030 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 Performance Food Group Corpus Christi, Texas Victoria, Texas 140 line items 105 line items $79,724.63 $92,900.80 Grand Total: $172,625.43 The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 4. MOTION NO. M2012-031 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 -10- Minutes - Regular Council Meeting February 14, 2012 Page 3 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 5. RESOLUTION NO. 029364 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. The foregoing resolution was passed and approved with the'following vote: Adame,Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". i 5.b. ORDINANCE NO. 029367 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. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 6. MOTION NO. M2012-032 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. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 7. ORDINANCE NO. 029365 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 second reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Minutes - Regular Council Meeting February 14, 2012 Page 4 EXECUTIVE SESSIONS: Mayor Adame announced the executive sessions which were listed on the agenda as follows: • 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. The council went into executive session. The council returned from executive session. City Secretary Chapa read the motion for Executive Session Item 1.1, 1.2, and 1.3. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 1.1 MOTION NO. M2012-033 Motion authorizing the City Manager to continue to employ the law firms of McKibben, Woolsey&Villarreal, LLP and Canales & Simonson, PC to provide legal representation to the City of Corpus Christi in Cause No. CA-210-360, John Michael Hogan vs. City of Corpus Christi, et al, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". 1.2 MOTION NO. M2012-034 Motion authorizing the City Manager to continue to employ, the law firm of Canales & Simonson, PC to provide legal representation to the City of Corpus Christi in Cause No. 06- 62054-4, Robert Mayorga vs. City of Corpus Christi, et al, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". -12- Minutes - Regular Council Meeting February 14, 2012 Page 5 1.3. MOTION NO. M2012-035 Motion authorizing the City Manager to execute a settlement agreement between the City of Corpus Christi and AEP, Texas, with regard to street lighting services billing issues as agreed upon by the parties. PUBLIC HEARINGS Mayor Adame referred to Item No. 8, and a motion was made and passed to open the public hearing on the following zoning case: Zoning Case No. 1.011-01, 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 1 Agnes Street, west side of Osage Street. Miguel Saldana, Development Services referred to a presentation including the zoning issues, an aerial view of the subject property,the existing and future land use map; ownership map location of surrounding businesses; and the site plan. Mr. Saldana stated that the Planning Commission and Staff recommend denial to the "IL" Light Industrial District. i iMayor Adame asked for comments from the audience. There were no comments. council Member Elizondo made a motion to close the public hearing, seconded by Council Member Adler and passed. City Secretary polled the Council for their votes as follows: 8. FAILED A-valas, by changing the UE)e r-onin map in refeFenee to Meadow PaFk Block 2, Lots 1, 2, GornprehenSive Plan to account feF any deviations frern the existing Plan; previding a repealer clatise; providing a penalty; and providing for publieati An emergency was declared and the foregoing ordinance failed with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "No". Mayor Adame referred to Item No. 9, and a motion was made and passed to open the public hearing to receive comments regarding an amendment to the FY08 Consolidated Annual . Action Pian (GAAP) 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. Eddie Ortega, Director of Neighborhood Services stated that the item is reallocating $33,463 from the Community Development Block Grant-Recovery Administration to Neighborhood Centers. Mayor Adame asked for comments from the audience. There were no comments. Council Member Elizondo made a motion to close the public hearing, seconded by Council Member Scott —13— i Minutes - Regular Council Meeting February 14, 2012 Page 6 and passed. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 9.b. MOTION NO. M2012-036 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 (GAAP) by reallocating $33,463.22 from the Community Development Block Grant-Recovery Administration Costs to Neighborhood Centers and to execute all necessary documents with HUDand Neighborhood Centers as may be required to complete the project. The foregoing motion was passed and approved with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". REGULAR AGENDA Mayor Adame referred to Item No. 10. Foster Crowell, Director of Wastewater stated that this item is to provide reclaimed water service to the Naval Air Station - Corpus Christi. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 10. RESOLUTION NO. 029366 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. The foregoing resolution was passed and approved with the following vote: Adame,Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". FIRST READING ORDINANCE Mayor Adame referred to Item No. 11. Michael Morris, Director of Parks and Recreation stated this is for the appropriation of funds for programs coordinated through the City's Arts & Cultural Commission. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the Council for their votes as follows: 11. 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. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 12. Michael Morris, Director of Parks & Recreation stated that this appropriates funds from an enforcement action brought by the Texas Commission on Environmental Quality for the Oso Bay Learning Center. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: —14— i Minutes - Regular Council Meeting February 14, 2092 Page 7 a 12. 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. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Allen, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". d . MayorAdame referred to Item No. 13. Miguel Saldana, Development Services stated that this item relates to text amendments to the Unified Development Code and includes twenty-one amendments. He added that nine of these amendments have a direct impact to development community.u ty. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their vote as follows: 13. FIRST READING ORDINANCE i Amending the Corpus Christi Unified Development Code by revising and abbreviation term j 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.4,4.2.1 0 and 4.2.11,and revising Tables 4.3.3, 4.4.3.13 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 8.5.1.13 and 8.5.2.13 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. The foregoing ordinance was passed and approved on first reading with the following vote: Adame,Adler, Elizondo, Leal, Marez, Martinez and Scott;voting"Aye";Allen and Loeb were absent. FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 14 - 21). 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 20 and 21. 14. 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 fora total project costbf$99,920.53; and authorizing the City Manager or designee to apply for, accept, reject, alter or terminate the grant. -15- Minutes - Regular Council Meeting February 14, 2012 Page 8 15. 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. 16. 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. 17. 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, 18. 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. 19. Resolution authorizing the City Manager or designee to execute an Interfocal 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 IH37 to south of Starlite Road. 20. 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. 21. 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, 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, 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. PUBLIC COMMENT Mayor Adame called for comments from the audience. Jack Gordy spoke about illegal signs and enforcement of the Texas Highway Beautification Act; Carlos Torres spoke about status of ongoing firefighter contract negotiations; Joan veith, spoke in support of firefighters; Carolyn Moon, spoke about traffic at the intersection of Yorktown and Rodd Field Road. CITY MANAGER COMMENTS City Manager Olson provided updates on the Street Maintenance Funding Implementation Schedule, status of Police Chief hiring and Staff Retreat. -16- Minutes - Regular Council Meeting February 14, 2012 Page 9 There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 2:50 p.m. on February 14, 2012. l i i i i i -17- i i J� I 2 a 1 1 a. MAYOR'S FITNESS COUNCIL — Three (3) vacancies representing the categories of i - Veteran's Wellness, 1 - Disability Networks and 1 —At Large with terms to 5-11-12 and 5- 11-13. (Appointed by the Mayor with the approval of the City Council) (Since the Veteran's Wellness term ends on 5-11-12, it is recommended the appointment be for a new two-year term ending 5-11-14). DUTIES: To advise the City Council, City Manager, Parks Department and Health District regarding promotion of healthy living, including but not limited to the following activities: Encourage, promote and enhance healthy living through organized sports, events, diet and everyday activity, all with a strong emphasis on using natural resources. COMPOSITION: The committee shall consist of thirteen (13) members appointed by the Mayor with approval of the City Council. The committee shall consist of individuals representing the following categories: Veteran's Wellness, Corporate Initiatives, Health Care/Medical Professionals, Worksite Wellness, College/University, Disability Networks, Faith Based Partners, Senior Citizen Wellness, Youth/After School Programs, Community Outreach/Special Events and two (2) at large members.. A liaison from the Governor's Advisory j Council on Physical Fitness will also serve on the Committee. City residency requirement does not apply to liaison from the Governor's Advisory Council. Of the initial members, eight (S) members shall serve a two-year term and five (5) members shall serve a one-year term, as determined by a drawing to be conducted at the initial meeting. Thereafter, all terms shall be two (2) years. ORIGINAL MEMBERS TERM APPTD. DATE ***Jane Bell (Disability Network) 5-11-13 5-11-10 Dr. Charles H. Campbell (Health Care/Med) 5-11-12 4-12-11 ***Mary LaFrancois (At Large) 5-11-13 2-08-11 ***Marc Cisneros (Veteran's Wellness) 5-11-12 5-11-10 Elizabeth Feeney (Corporate Initiatives) 5-I1-13 6-28-11 D. Scott Elliff(Youth/After School) 5-11-13 5-11-10 Timothy M. Fitzpatrick (College/University) 5-11-12 5-11-10 Rick Hayley (Gov's Liaison), Vice Chair 5-11-12. 5-11-10 Judy Lapointe Jennings (senior Citizen) 5-11-12 5-11-10 Father Joseph Lopez(Faith Based Partners) 5-11-12 5-11-10 Grete McBath (Worksite Wellness) 5-11-13 5-11-10 Venessa Santos-Garza(Comm. Outreach) 5-11-12 5-11-10 Wade Spenst(At Large), Chair 5-11-13 5-11-10 Legend: *Seeking reappointment "Not seeking reappointment **Resigned ""Exceeded**Exceeded number of absences allowed by ordinance *.* "Has met six-year service limitation _21_ INDIVIDUALS EXPRESSING INTEREST: Nicole Andrade Human. Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (5114/11) Chris Barrows Maintenance Technician, Anchor Resort Condominiums. Previous owner of exercise studio. Certified as a Master Trainer. Previous certification as a boxing coach. Activities include: organizer of Fitness Festival, a non- profit health and fitness awareness organization. (1/10111) Sarah Lathrop Baugh Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for 1 Buc Days, Calallen Baptist Church, Junior League and Republican Party. (2125111) Victor Betancourt Owner, V Fit Training Center. Certified Personal Trainer. Creator of V Fit Challenge. (1100111) Rodney Brown General Manager, Malkan Interactive Communication. Received BA in Mass Communication from Texas State . University. Activities include: Corpus Christi Triathlon i Club, American Advertising Federation — CC, Created Bikes for Kids campaign for Corpus Christi. (1/12112) Christopher B. Carlile, COL Commander, Corpus Christi Army Depot. Commissioned as a Second Lieutenant from Arkansas State University with a BS in Zoology. He also holds an MBA from Embry-Riddle and a MS in Strategic Studies from the Air War College. He is a certified maintenance examiner rated in the UH-1, OH-58, UH-60 and CH-47 with over 600 hours of maintenance test flight time.Among other military education, he is a qualified Space Operations Officer and served as a Nuclear Strike Advisor for President George W. Bush. He is a Distinguished Honor Graduate of the Aeroscout Aviation Course. Among numerous awards, some include the Legion of Merit, Bronze Star (2 OLC), Air Medal (Numeral 3), Defense Meritorious Service Medal, Army Commendation Medal (3 OLC), Liberation of Kuwait Medal, Iraq Campaign Medal, Combat Action Badge, Master Aviator Badge. (Veteran's Wellness) (2114112) —22— Meredith Delano 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) (10114111) Jessica Engelbrecht Registered Dietitian, National Renal Institute, DSI. Received MS in Nutrition from Case Western Reserve University, a BS in Human Nutrition from Oklahoma State University. Activities include: YMCA, Junior League. (Disability Networks') (1110111) Fancy Flores, M.Ed., CHES Regional Wellness Coordinator, AEP Texas. Graduate of Texas A&M — Kingsville with a BS in Nutrition Science, M.Ed. in Adult Education. Certified Health Education Specialist (CHES). Manages statewide wellness program for 1400 employees. Activities include: Big Sister for BGBS, and Southwest Transplant Alliance. (Disability Networks) (05113111) Patricia Garcia Owner/Manager, Wildfire Enterprises, Inc. Received a BA in Public Relations from Texas State University and an MS in Counseling from Texas A&M University--Corpus Christi. Formerly worked as information specialist, 2 business development and grant writing/intergovernmental relations at TWC, TAMU-CC, CCISD, City of Corpus Christi. Activities include: Texas Association of Partners in Education, Flint Hills Resources Community Action Council, Leadership Corpus Christi Alumni Association, United Way Campaign Chair, former Sister City Committee, Youth Opportunities United and Downtown Rotary Club. (1125111) William M. Kramer, Jr. Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A&M University-Corpus Christi, Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Jason M. Mcdonel Juvenile Probation Officer, Nueces County Juvenile Probation Department — Nueces County Boot Camp. Received Bachelors in Education majoring in Kinesiology and Social Studies. Served 4 years in U.S. Marine Corps. (12115111) i -23- 1 { Bryan Mayhood Director of Season Ticket Services, Corpus Christi Hooks 1 Baseball Club. Graduated from Texas A&M University- Corpus Christi. Activities include: Heart Walk Committee. (1151.1.1) Anthony John Mulheron Quality Control Inspector, L3. Owner, AJM Tactical, Attends Liberty University Online. Activities include: Wounded Warrior. (5102/11) 1 Melissa N. Nesmith Medical Assistant, Allergy, Asthma, and Dermatology — James Caplin, M.D, Received Associate's Degree in 1 Liberal Arts from Del Mar College, a BS in Biomedical Science Pre-Physician Assistant from Texas A&M 3I University-Corpus Christi, and Emergency Medicine Research Associate from Christus Spohn Memorial Hospital. (1121111) Raquel G. Richardson Owner, Brinca! Received MPA from Texas A&M University-Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (6117111) Michael Rivera Retired. High School graduate, attended 2 years college. Former work included General Manager with U.S. Government. Currently volunteers for Pulmonary Hypertension Association. (12106111) Abel A. Sanchez Letter Carrier, U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient Clinic and Golf Marshal at Base. (4/12/11) James Scoville President/CEO, YMCA of the Coastal Bend. Received MS in Health Care Administration for Des Moines University (formerly the Univ. of Osteopathic Medicine), and a BA in Leisure Administration from Iowa State University. (Disability Network) (01125111) Lloyd Stegemann, M.D. Bariatric Surgeon, Texas Center for Medical & Surgical Weight Loss. . Received BS in Biology from Texas A&I University, Kingsville, Medical School at University of Texas Health Science Center -- Houston, received M.D., and Residency at University of Texas Health Science Center — San Antonio. (Graduate of Carroll High School — 1957). Former Educator as Physical Science Teacher. (continued) _24._ Currently Bariatric Surgeon in private practice. Professional Organizations include: Texas Assoc. of Bariatric Surgeons, Obesity Action Coalition, American Society of Metabolic and Bariatric Surgery, American College of Surgeons, American Medical Assoc., Nueces County Medical Society. (1120112) Guy Watts Attomey/Owner, Watts Law Office. Degrees include: AA, BS, MS, BA, JD, Ph.D. Activities include: Del Mar Board of Regents, ran marathons in NYC, Chicago, San Diego, Anchor Beach to Bay, YMCA 300 lb. Bench Press Club, YMCA Ironman, avid snow skier in USA, Europe and New Zealand, Youth Baseball Coach, and Youth Sports Network. (03122111) i i i i I -25- 1 b. INTERGOVERNMENTAL COMMISSION ON DRUG AND ALCOHOL ABUSE — One (1)vacancy with terra to 8-19-13. DUTIES: Assisting and advising the participating local governmental agencies on programs and methods to combat drug & alcohol abuse among the citizens of Nueces County. The Commission may investigate and recommend approaches for combating drug and alcohol abuse, and may engage in educational activities such as dissemination of literature, speaker programs, and the like. The Commission shall have no paid employees other than the'administrative staff provided for herein, and shall have no power to operate or engage in direct activities benefiting drug or alcohol abusers, such as treatment programs. COMPOSITION: Thirteen (13) voting members. Three members shall be appointed by the Corpus Christi City Council, three by the Nueces County Commissioners Court, two by the Board of the Corpus Christi ISD, one by the Board of the Robstown ISD, one by the Board of the Tuloso-Midway ISD, one by the Board,of the West Oso TSD, one by the Board of the Calalien ISD, and one by the Board of the Flour Bluff ISD. a a ORIGINAL MEMBERS TERM APPTD. DATE Jesus S. Molina (City) 8-19-13 5-10-05 ***Jean Newberry (City) 8-19-13 8-05-86 Sandra L. Jackson (City) 8-19-13 8-23-11 1 Abby Saenz (County) 8-19-12 Aaron Bonds (County), Chair 8-19-12 Joe Alley (County) 8-19-12 Kirby Warnke (CCISD) 8-19-12 Yolanda Reyna (CCISD) 8-19-12 Rosario Voorhees (Calallen) 8-19-12 Allen Peters (Flour Bluff) 8-19-12 Steve Lackey (West Oso) 8-19-12 Gail Birdwell (Tuloso-Midway) 8-19-12 Anna Rodriguez (Robstown) 8-1942 Legend: *Seeking reappointment "Not seeking reappointment ***Resigned ""Exceeded**Exceeded number of absences allowed by ordinance *****Has met six-year service limitation INDIVIDUALS EXPRESSING INTEREST: Ron Antosko Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (71.12111) —26— E Stephanie Cloutet Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7126111) Meredith Delano 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 i from Sister City Committee if appointed) (10114111) Coretta Graham 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. (9106111) j William M. Kramer, Jr. 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. (61171.11) Abel A. Sanchez Letter Carrier, U.S. Postal Service. Attended Del Mar College. Activities include: Volunteers at Veterans Center, Coastal Bend Council of Alcohol & Drugs, VA Outpatient Clinic and Golf Marshal at Base. (4112111) Randy Schuettler 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. (02106112) Roger Vazquez Teaching Assistant, Texas A&M University-Corpus i 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. (s118111) _27- i I� } { 3 I G� O aA,oAAGENDA MEMORANDUM xas� 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 richardb@cctexas.com 361-886-2603 ! Submitting a grant application for Victim of Crime Act funds CAPTION: 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 I terminate the grant. i 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 tp other social service agencies. I 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 1 issues and available resources, thereby increasing community awareness. The State provides $81,188.69 for the salarylbenefits 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—8131/2013. —31 — ALTERNATIVES: Not apply for the grant which will mean the foss of two civilian employees and an increased number of victims not protected. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms with all city policies EMERGENCY 1 NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance ! Legal FINANCIAL IMPACT: Operating Expense j Project to Date Expenditures i Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $14,731.84 $14,731.84 BALANCE $14,731.84 $14,731.84 Fund(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 -32- i 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 I _ 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 p 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 Joe Adame City Secretary Mayor APPROVED AS TO FORM: February 6, 2012 T. Trisha Dang - Assistant City Attorney For City Attorney Reso-grant-Voca 2012 -33- Corpus Christi Texas, Of , 2012 � The above resolution was passed by the following vote. Joe Adame Chris N. Adler Kelley Aller? j Larry Elizondo, Sr. Priscilla G. Leal j David Loeb John E. Marez Nelda Martinez Marls Scott —34— i 1 i i 1 i i I I 4 1 � O aA„ t AGENDA MEMORANDUM 185? 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@cctexas.com 361-886-2603 Submitting a grant application for Violence Against Women Act funds . i } CAPTION: Resolution authorizing the submission of a grant application in the amount of$94,705.39 to the State of Texas, ;I 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 walk- in to the unit at the Police Department. The grant provides funds for two victim ease 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 salarylbenefits 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. —37-= i 1 ` ALTERNATIVES: Not to apply for'the-grarit which will mean the loss of three civilian employees and an increased number of i' victims not protected. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: 1 Conforms with all city policies EMERGENCYINON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Legal i FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item $47,165.68 $47,165.68 BALANCE $47,165.68 $47,165.68 Fund(s): Cash contribution to grants i 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 —38— 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: THE CITY OF CORPUS CHRISTI. I 3 Armando Chapa Joe Aflame City Secretary Mayor APPROVED AS TO FORM: January 31, 2012 T. isha Dang _ Assistant City Attorney For City Attorney _39_ Ii { f Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler i Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez I Mark Scott -40- {; I :I E a ,� i ', 5 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@cctexas.com 361-886•-2603 Submitting a grant application to'continue the Regional Fusion Center CAPTION: 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. i i 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 1 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 Comp-Stat concept to bring local, regional and federal law-enforcement partners, along with the he 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 loss of one civilian employee and a decreased capability to conduct crime analysis and gather intelligence. —43— OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms with all city policies EMERGENCY INON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Ex ended Amount This item BALANCE Funds): 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 —44— 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 S. 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 i . Division in full. i ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame a City Secretary Mayor 3 APPROVED AS TO FORM: January 31, 2012 i T. Trisha Dang Assistant City Attorney For City Attorney 1 I 1 _45_ i 1 Corpus Christi, Texas Of 12012 1 The above resolution was passed by the following vote: Joe Adame 1 Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott l I . —46— 6 g1 i t g JIi J I 1 � ' i 1 a rhea . AGENDA MEMORANDUM xss2. for the City Council Meeting of February 21, 2012 DATE: 1/19/2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 Texas Beach Watch Contract CAPTION: Resolution approving a service agreement between the Corpus Christ!-Nueces County Public Health District ("Health District") and the Texas Genera! Land Office to enable the Health District to provide { beach water sampling-in Nueces, Aransas, and San Patrlcio counties under the Texas Beach Watch Program; and ratifying approval of the agreement as of September 1, 2011. BACKGROUND AND FINDINGS: z _ 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. i ALTERNATIVES: 1 j 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: -49- DEPARTMENTAL CLEARANCES: City Legal; County Legal' FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year . Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE Funds): 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 -50- Resolution approving ,a. service agreement between the Corpus -,.— Christ!-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 Christi-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 a Office. ATTEST: CITY OF CORPUS CHRISTI E 3 Armando Chapa Joe Adame City Secretary Mayor i • APPROVED: January 11, 2012 r r zv Eliza th R. Hundley Assi taut City Attorney for the City Attorney BHres307 GLO Beach Watch Agmt CCNCPHD 20120911 Page 1 at 2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following.vote: Joe Adame Chris N. Adler 3 Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E.-Marez Nelda Martinez Marie Scott -52- a { I I i M� POM ZEV 1852 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: 1/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation '/7YJ MichaelMo(a)-cctexas.com 361-826-3464 / Margie Silva Flores, Presiding Municipal Court Judge�- Jay Reining, Interim Director of Municipal Court, Adoption of Training Standards for Juvenile Case Managers working at the Juvenile Assessment Center. s 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 82"d 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 _55_ DEPARTMENTAL CLEARANCES: Parks and Recreation, Municipal Court, Legal FINANCIAL IMPACT: . Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 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 j 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 -56- 4 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, ourt;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 82°d 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 all 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.CMUSTIE I Armando Chapa Joe Adame City Secretary Mayor I i Approved as to form: v. 1-0 1 2 I Lisa Aguilar,AssiWnt City Attorney for the City Attorney -57- - 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: • VaIid 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 _r5g_ 1 ' f Exhibit B—Training Requirements 3 ' 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 a Detection and prevention of abuse,exploitation,and neglect of juveniles. { i --5 9-- 3 I 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 —60— 1 I Q 11 S J I g1 1 1 1 I se G0 O� H °a AGENDA MEMORANDUM x$52 for the City Council Meeting of February 21, 2012 DATE: 1/3012012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb@cctexas.com; 826-3729 Debbie Marroquin, P.E., Director of Gas Operatio Debbiem@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 IH37 to South of Starlite Road i 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 j 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 dontractor 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. -63- Federal State Local Participation Description Total Estimated Participation Participation Cost % 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% $0 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 $o $ 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 1 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 ork 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 NON-EMERGENCY: Not Applicable —64— DEPARTMENTAL CLEARANCES: Water Department Gas Department Wastewater Department FINANCIAL IMPACT: GIP Project to.Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Bud et $0.00 $0.00 Encumbered 1 Expended Amount This item $56,180.00 $56,180.00 BALANCE r Fund(s): _. Comments: This project is being funded through Utility CIP proceeds for future TXDOT participation. RECOMMENDATION: i It is recommended 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 for manhole and valve adjustments during the rehabilitation of FM24 from IH37 to south of Starlite Road. LIST OF SUPPORTING DOCUMENTS: Location Map OApprovals: 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 —65— \Mprojact\councilexhibifs\exhEl 1 l43.dwg N RIVER h r\ �e - ty -2 `SGA La � d - sr,��Llr� d � PROJECT SITE c.a o Y ui U � a oc HWY 44 A x LOCATION MAP Q - Nor TO scam PROJECT#E99943 AFA MANHOLE AND VALVE CITY COUNCIL Ext BIT ADJUSTMENTS (FM 24 FROM!H 37 c,rY OF CORPUS EN CHRISTI, ryas lafPaRrMEMr anrcIxFr�msakes TO SOUTH OF STARLITE LANE) PAGE: s of 9 -66- 1 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 $56180.00 for manhole and valve adjustments during the ' rehabilitation of FM24 from IH37 to south of Starlite Road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1 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 i 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. 1 I ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APP OVED AS FORM. 01-Feb-12 ' Veronica Ocanas Assistant City Attorney for City Attorney J:11.ENG11 . . . . . AGENDA IT E M 511210221121022112 RESO AFA manhole&valve adjustments on FM24 IH 37 to Starlite Rd.docx —67— i Corpus Christi, Texas s 1 { of , 2012 l 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 i Marie Scott J:11.ENG11 .. . . . AGENDA IT E M S11 21022112\022112 RESO AFA manhole&valve adjustments on FM24 IH 37 to Starlite Rd.docx —68— CS7# 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 fast 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 6 Revised 04/01/11 i —69— i 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 funds 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 riot owned or to be acquired by the State. S. 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. 6. 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_VoITI P Page 2 of 0— Revised 04101/11 CSJ# 1556-01-024 District# 16—Co Lis 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. I 9. 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 partyto fulfill the obligations setforth in.this agreement; or 1 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. APA-Af=A VoITIP Page 3 of 5 Revised 04/01/11 — —71— CSJ 4 1556.01-024 District## 16—Corpus Christi Code Chart 64# 09800 Project: Adjust Water Valves C. Upan 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 pa't`ty 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; FLocal Government: State: City of corpus Christi Director of Contract Services Attn: City Manager Texas Department of Transportation 1201 Leopard St. 125 E. 11t` Street Corpus Christi, Texas 78401 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. Accepterice of fund's directly bader the contractor 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_Vo[TIP Page 4 of 57 2- Revised 04/01/11 CSJ# 1556-01-024 District# 16—Corpus Christi Code Chart 64#09800 Project: Adiust 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 fY 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 1 - Signature Appmved as to Legal form:. Typed or Printed Name Veronica Ocanas Title Assistant City Attorney For City Attorney Date i THE STATE-OF TEXAS Cathy T. Floyd, CPA South Regional Support Center Director Date AFA-AFA VoITIP Page 5 of _ Revised 04/01/11 CSJ# 1556-01-024 District# 16-Cornus Christi Code Chart 64#09800 Project:Ad'ust Water Valves ATTACHMENT A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will contribute 100'%0 of the construction costs for adjusting valves on FM 24 from lH 37 to south of Starlite Road, which is an on-system location, including construction items,and lrect-state costs. djust Manholes and $ 46,940.00 % $0 % $0 100% J$46,940.00 aIves (by State Construction Engineering $ 4,927.00 % $0 0% $0 100% $ 4,927.00 b Sta#e IN, Ill Construction Direct State 542.00 0% ro 0% $0 100% $ 542.00 Costs 1.54% Indirect State Costs $ 3,771.00 0% J$0 0% $0 100% $ 3,771.00 7.2-7% 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_VoITIP Page 1 of��_ Attachment -� 1 i i 3 �. i i i 9 1 GG ,� 0 AGENDA.MEMORANDUM C it for the City Council Meeting of February 21, 2012 DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo@cctexas.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 i 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 1 organizations: The City of Corpus Christi Arts and Cultural Commission, the South Texas Botanical Gardens and Nature Center, Harbor Playhouse, the Art Canter of Corpus Christi, Corpus Christi Symphony Orchestra, the Texas Jazz Festival, the Antonio E Garcia Arts and Education Center, Instituto de Cultura Hispanica, the Asian Cultures Museum. The nine organizations formed the Arts and Culture Alliance ("ACA"). Per the Memo of Understanding with the City of Corpus Christi, the funds received through this initiative is allocated based on the existing percentages allocated to the individual arts and cultural groups through the FY 2009-2010 HOT Fund disbursements. 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/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance -77— FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date f Fiscal Year: 2011-2012 Expenditures CIP Current Year Future Years TOTALS i Budget $ 0.00 Encumbered 1 Ex ended Amount This item $5,902.36 BALANCE $5,902.36 Fund(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 i -78- Page 1 of 2 1 f 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: ;I 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. a� i i ORD-Approp-Util%20to%2OArts%2DCultural-Parks-2012[1] —79— 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 Adarne David Loeb Chris N. Adler John E. Marez Kelley Alien 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 . , 2032, 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 Joe Adame City Secretary Mayor APPROVED as to form: By: oe-11 Lisa Ag"r,r, Sr. Assistant City Attorney for the City Attorney —80— s J I 10 O AGENDA MEMORANDUM 80R.T x8 for the City Council Meeting of February 21, 2012 DATE: January 17, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director `m 7)1 MichaelMo@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 forthe 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. I j 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 —83— FINANCIAL IMPACT: o Not Applicable. ❑ Operating Expense ❑ Revenue X C1P Project to Date Fiscal Year: 2011-2012 Expenditures CIP CurrentYear Future Years TOTALS Budget Encumbered/ Ex ended Amount This item $9,980 BALANCE Fund(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 Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager i i —84— 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 flake effect upon first reading as an emergency this the day of February, 2012. ATTEST: CITY OF CORPUS CHRISTI l Armando Chapa Joe Adame City Secretary. Mayor 1 1 APPROVED as to form: � 11 , 2012 Lisa Aguila Assistant Cry Attorney For City Attorney i i ORD-Approp-OsoBayLearningCntr-Parks-2012[1] —85— 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: I Joe Adame David Loeb Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Elizondo Mark Scott 3 Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this j the day of . , 2012, by,the following vote: Joe Adame David Loeb I Chris N. Adler John E. Marez Kelley Allen Nelda Martinez Larry Eiizondo Mark-Scott Priscilla G. Leal I PASSED AND APPROVED, this the day of , 2012. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: By: Lisa Ag ' r, Sr. Assistant City Attorney for the City Attorney —86— { i 11 t 9�,�_0s C_ 1 AGENDA MEMORANDUM xa 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 a 1 PUBLIC HEARING —TEXT AMENDMENTS TO THE CORPUS CHRISTI UNIFIED DEVELOPMENT CODE (UDC) CAPTION: f 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, 4.4.3.13 and 4.4.4 relating to lot measurements; by revising Table 4.6.2 relating to permitted uses in industrial districts; by revising 5.3.2.13, j 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 8.5.1.8 and 8.5.2,6 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 2.011 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:ILega11SHAREDILEGAL-DEV.5VC512012 Agenda\LDC AmendmentOl-31-2012,Text Amendments,Agenda Memo REVISED by EAM.docx —89— 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) feet on residential lots 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 4.4.3.13 — 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.(I1_, IH). Article 5.3.2.E — 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 lots. 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 focal 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. C:1Documents and Settings\RebeccaH.CCPD11Loca1 SettingATemporary Internet Files\Content Outlook1241A]PF3102-02-2012 Text Amendments Agenda Memo REVISED by EAM.doex —9Q— 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 prior to plat recordation. Article 8.5.2.13 —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/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: NIA FINANCIAL IMPACT: Not applicable Project to Date Expenditures j Fiscal Year: 2011-2012 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. i K:\Legal\SHARF-D\LEGAL-DEV.SVCS\2012 AgendaNUDC Amendments\01-31-2012,Text Amendments,Agenda Memo REVISED by EAM,docx i 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.l.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, 4.4.3.8 and 4.4.4 relating to lot measurements; by revising Table 4.8.2 relating to permitted uses in industrial districts; by revising 5.3.23 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 8.5.1.8 and 8.5.2.8 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 i 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, 2411, 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 Neighbor--h Office District _92_ 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 walls and including the total of all floors of a building. It does not include orches garages, ors ace in an attic or basement not used for dwelling Purposes, Water Surcharge: A fee to be charged in addition to tapfees 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. 1 i I K:\Legal\SHARED\LEGAL-DEV.SVC$\2032 Agenda\UDC Text Amendments(Non-Sustainability)\02-02-121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinal.docx Page 2 —93— I� 1 i 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 Re uired Notice shall be required as shown in the table below. mm UDC Text Amendment ✓ zoning Map Amendment (Rezoning) ✓ ✓ ✓ Area-wide Zoning Map Amendment ✓ (Rezoning) Historic Overlay District Designation ✓ ✓ ✓ Planned Unit Development ✓ ✓ ✓ 5 ecial Permit ✓ ✓ ✓ S ecial Use Exception ✓ ,4 ✓ Dune Protection Permit ✓ Beachfront Construction Certificate ✓ Certificate of Appropriateness for ✓ ✓ Demolition For Historic Districts Variance (For Zoning Board of ✓ ✓ Adjustments Re lat 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:\LegaJ\SHARED\LEGAL-DEV.SVCS\2012 Agenda\UDC Text Amendments(Non-Sustainability)\02-02-121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinal.doex Page 3 -94- 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 by-laws_of the board. 4. Content of Notice a. Perished F Mailed Notice Published or Mmtailed 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 [p ate. Comrtierciai N 1:2 sloe Building building `Setback Height i t Property Line 100, — 25'--oJSingle-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-AEV.SVCS\2012 Agenda\UDC Text Amendments(Non-Sustainability)\02-02-121st Round UDC TEXT AMENDMENTS, j ORDINANCE,DWBFinal.docx Page 4 where such structure 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 i 4.2.40 Back-to-Back A side Yard on the side of a corner lot abutting the street,shall be a minimum of not less 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 less than the required minimum front yard in every other l instance. 1 J 4.2.11 Water Oriented Subdivisions a. Front Yards: For lots 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 adiacent to at least 20 percent of the lots within the subdivision. 1 b. Side Yards: For multiple-family structures and accessory structures located within a water oriented subdivision due to the o enness created by the Permanent waterways abutting the lots the required side and may be modified to deviate from the requirements of the Unified Development Code. K:\Legal\SHARED\LEGAL-DEV.SVCSN2012 Agenda\UDC Text Amendments(Non-Sustainability)\02-02-121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinal.docx Page 5 —96— SECTION 5. That Section 43 entitled "Single-'Family Residential Districts" is amended by revising table 4.3.3 entitled, "Residential Development (single-family districts)", to read as follows., Residential Development Standards Table 4.3.3. Residential Development(single-family districts) 4 s- 7011. a Min Lot Area 5 ac. I ac. 15,000 10,000 6,000 4,500 Min. Lot Width (Ft.) 150 150 50 85 50 45 Min. Yards (ft.) Street 50 50 25 25 2-925 20 Street (corner) 25 25 See 4.2.10 ----- --------- Side (single) 25 25 5 5 5 5 ---------- ----------------------------------------------------------------------------------------------- Rear 25 15 4-55 4-55 45 4-5 5 pp° Min. Open Space 30% 30% 30% 30% Max. Height (ft.) 45 35 35 35 35 35 K:\Legal\SHARED\LEGAL-DEV.SVCS\2012 Agenda\UDC Text Amendments(Non-Sustainability)\02-02-12 Ist Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinaI.docx Page 6 —97— 3 I SECTION 6. That Section 4.4 entitled, "Multifamily Residential Districts", is amended by revising Table 4.4.3.8, entitled, " Multifamily Zoning Districts", and Table 4.4.4 entitled, "Multi-Family Housing Types,"to read as follows. Table 4.4.3.6 Multifamily Zoning Districts ` "s - �n '��b�,�„� F�� — lei ��•z3" � ��"� � e �� �� ���1y� r<r;k �� �y� ` rt � • _ -4 �^��'��`s ��i a.A a� -4�,�i �:`��`�'�.�r ex'�+�. ,°'�Y'� 4 �E.,�.�r. tui�ifarittify �stt�rct�d�Et}�w5 4 a r s,-.. z a a� i�a?'r�?'•+'�' "7e...H a, + � 4s�' �'��`�r`��1j� �-li °��',.�� "'r� � W. �Cr-�r�� +w- z✓,..+�+;;hT��,'.�. -;A' ✓r.-.:r." �r � �5 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 65 Min.Yards (ft.) Street 20 20 20 20 20 20 Street(corner) 15 15 15 4-5-10 15 15 -------------------- ----- ----- - ------------------- -------------------- - - --- Side (! fam&2 fam}) ------------ ---j D 10- -- -----��---- ---------5-_------- -----:10----- -- - ----- -------- - - - ----- ----- ------------------ ----- -- - - ----- Rear Side (3+fam) -- --- 20 20 20 20 1515 I5 45-10 I5 l5 Min.Building Separation (fr.) 10 10 10 10 Max. Height (ft) 45 60 60 i K:\Lega]\SHARED\LEGAL-DEV.SVCS\2012 Agenda\UDC Text Amendments(Non-Sustainability}\02.02-12 1st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinal.docx page 7 -98- Table 4.4.4 Mufti-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 f duplex).The two units may be located { on separate floors or side-by-side. LIN 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 un]t3 walls,individual units may be € Unit 1 mixed vertically. 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 E I Unfit l Unit 2 walls, individual units may be mixed vertically. Apartment One or more structures with few three or more units in a single '" unst3 uM c5 structure on a single lot. An I apartment can vary in height from unit 2 unit 4 two to five stories, individual units Unit 1 can be mixed vertically. t.... .. ::.................:.....'. i i K:\Lega]\SHARED\LEGAL-DEV.SVCS\2012 Agenda\UDC Text Amendments(Non-Sustainability)\02.02.121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWESF1na1.docx Page S _gg_ f t 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) '� iS �Sa iae rm r �ri arm Y 5 + r g. ,e as P= Permitted Use L=Subject to Limitations r��iL 3600-27.7-3-y" _.. Residential Wes Caretakers quarters P P Upper-story residential unit within commercial business structures. L 5.2. PuIIc randGxtc 1,Jse - 1 Commercial child care SP SP S.2.4 Government Facility Uses[5.1.3,0] P P 1 Medical Facility Uses [5.1.3.E] P Parks and Open Area Uses [5.1.3.1=] 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 Retail Sales and Service s sales-and service-oriented F5.1.4. P 5,2,12 Includes personal service uses Retail Sales and Service Uses, repair-oriented r5.1.4.91 P 5.2.13 Social Service Uses [5.1.3.1] P Utilities, major[5.1.3j], except for: P P I Wind energy units L L 5.6.4 Utilities, minor[5.1.3.1] P P. Wireless telecommunication facility See Section 5.5 K:\Legai\SHARED\LEGAL-DEV.SVCS\2012 Agenda\UDCText Amendments(Non-Susta1nability}\02-02-121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinaLdocx page 9 —100— Commercial Parking Uses [5.1.4.A] P Crematorium (animal) P P Fairgrounds P Office Uses [S.1.4.C] P Restaurant Uses[5.1.4.F] L 5.2.1 1 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 �.� Light Industrial Service Uses [5.1.5.A] P P jWarehouse and Freight Movement Uses[5.1.5.6] P P Waste-Related Service Uses[5.1.5.C] P P Wholesale Trade Uses [5.1.5.D] P P i i Heavy Industrial Uses [5.I.S.E] except for: SP P i Tannery SP Stockyard SP Storage of explosives or other hazardous materials L L 5.2.22 Above ground fuel tanks SUE SUE Kennel or animal shelter, indoor or outdoor L L 5.2.18 Stable, public or private L L 5.2.14 Resource Extraction Uses [5.1.6.6] SP P i I K:\LegaNSHARED\LEGAL-DEV.SVCS\2012 Agenda\UDC Text Amendments(Non-Sustainability)\02-02-121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinal,docx page 10 -101 - SECTION 8. That Section 5.3 entitled, "Accessory Uses and Structures," is amended by revising subsections 5.3.2.8 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: 5.3.2.13 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 Stora e a. Above-ground fuel storage tanks shall be a maximum of 10,000 gallons in CN and CR districts. b. zavTL9TvaFTd481 sCOT"ClCjCZGf STt 3 1 Gg feet#wn .�gasest nrnr�eq IiReS r , bs. 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). 0 of the width ef the dwell wh r hover is less •r ep , K:\Legal\SHARED\LEGAL-DEV.SVCS\2012 Agenda\UDCText Amendments(Non-Sustainability)\02.02-121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBRnal.doa Page �1 -102- 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 affard"le dwelli^^c on sub taAdwd ZGRiRg lots. a_f{nrdnhln hnh SiRg in the Gity. 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 48 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. 1 SECTION 11.That Section 8.2 entitled, "Design Standards," is amended by adding subsection B.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\UDCText Amendments(Nan-Sustainabiiity)\02-02-121St Round UDC TEXTAMENOMENTS, ORDINANCE,DwsFinai.docx Page 12 —103— . I 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: i 8.2.9 Dead End Mains A. Definition. Any water maul_whether fire, distribution, arid, arterial, or transmission main that j terminates as a point other than a connection to another line or main which raroovides_for Distribution System Looping_ B. Water Circulation. Installation of permanent mains in the distributions stem that do not PLovide for Distribution System Looping required to ensure water circulation and quality shall be prohibited, except as otherwise-Perm itted 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 ro rammed to begin construction within three years. 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. C. Water Main Extension. Water main extensions associated with phased 'construction that do not fully rroovide for Distribution_System Looping shall not be activated for service beyond the point where looping requirements were met except as otherwise ermitted herein. All permitted dead end lines shall conform to TCEQ requirements and standards as well as city standards. No other dead end lines areermitted whether they are Privately owned or publicly owned. D. Distribution 5 stem Looping i Where a proposed development includes areas currently served by Dead End Mains, re-guired infrastructure improvements that provide for establishing Distribution System Looping and elimination of the Dead End_Mains shall be defined. If these improvements cLualify as arterial rid 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 8.5.1.6 entitled, "Payment of l=ees", and 8.5.2,6 entitled, "Payment of Fees", to read as follows: 8.5.1.8 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; armed pro-rata fees and K;\Legal\SHARED\LEGAL-DEV.SVCS�2012 Agenda\UDCText Amendments{Non-Sustainability}\02-02-321st Round UDC TEXT AMENDMENTS, ORDINANCE,DWBFinai.docx Page 13 { � des 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. T $.5.2.13 Payment of Fees 1f � 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 -Md surpharges 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:\Legaf.\SI4ARED\LEGAL-DEV.SVC5\2012 Agenda\UDC Text Amendments(Nan-Sustainabfliry)\02-02-121st hound UDC TEXT AMENDMENTS, ORDINANCE,DWIRFinal.doa Page 14 --105— 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 David Loeb Chris Adler John E. Marez i Kelley Allen Nelda Martinez Larry Elizondo, Sr. Marie Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: j Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: this the. Ila day of Jai Ce 2012. For Carlos Valdez, City Attorney By: borah Walther Bro n Assistant City Attorne K:\Legal\SHARED\LEGAL-DEV.SVC5\2012Agenda\UDC Text Amendments(Non-Sustainability)\02-02-121st Round UDC TEXT AMENDMENTS, ORDINANCE,DWSFinal.dea Page 15 f I 3 12 {3 1 1 3 I i 0 CORFU , AGENDA MEMORANDUM zs52 for the City Council Meeting of February 21, 2012 DATE: 2/16/2012 TO: Ronald L. Olson, City Manager FROM: Troy Riggs troyr@cctexas.com 826-3898 Confirmation of Police Chief Appointment CAPTION: A motion confirming the City Manager's appointment of Floyd D. Simpson as Police Chief. i BACKGROUND AND FINDINGS: The City hired Police Executive Research Firm (PERF) on December 2, 2011 to conduct a nationwide search to fill the position of Police Chief that became vacant by Troy Riggs who was promoted to Assistant City Manager of Safety, Health & Neighborhoods. Richard Badaracco was hired temporarily as the Interim Police Chief. Police Executive Research Firm narrowed the top candidates to five finalists. The five finalist candidates took part in the two-day interview process on February 12 and 13. The first day they took part in a meet and greet reception. The second day they interviewed with two interview panels. The two interview panels consisted of City executive panel and the other was a combination of department heads and community members. Two candidates were brought back later that day for a second interview with the executive panel. The City Manager has selected Floyd D. Simpson, currently Assistant Police Chief with the Dallas Police Department to serve as the City's next Police Chief. ALTERNATIVES: Not applicable —109-- j CONFORMITY TO CITY POLICY: {' The Police Chief position is an appointment of the City Manager, however the appointment must be confirmed by the City Council in accordance with state statute. EMERGENCY INON-EMERGENCY: Not applicable t DEPARTMENTAL CLEARANCES: Human Resources Legal FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,876,017 $1,878,017 Encumbered/Expended Amt $814,879 $814,879 This Item BALANCE $1,061,138 $1,061,138 Fund(s):Police Comments: This is a replacement of a budgeted position. RECOMMENDATION: The City Manager recommends that City Council approve this appointment, and confirm Floyd Simpson as Police Chief. LIST OF SUPPORTING DOCUMENTS: Floyd Simpson's resume. Approvals: Alison Logan, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager -110- i Floyd D. Simpson Dallas Texas is the ninth-largest city in the United States and operates under a council-manager form of government. It is diverse, contemporary and home to major sports, arts and culinary attractions. It has a healthy { night life with varied entertainment districts. The current population is approximately 1.3M. The Dallas Police Department has approximately 3,600 sworn police officers who are complemented by approximately 650 non- sworn employees. With strong community support, a committed city council, advances in technology and a dedicated workforce,the.Dallas Police Department is one of the most respected law enforcement agencies in the country. Professional Ex erience August,2010—Present Assistant Chief of Police,Administrative Bureau * Manage an 83 million dollar budget while providing leadership and direction to command level officers who directly and/or indirectly impact the HR function of the Dallas Police Department. t * Responsible for the effective and efficient operations of the Basic and In-service training academies and Pistol Range. ! * Plan and direct all aspects of the hiring process, including recruitment, background investigations, and applicant processing. * Oversee the Department's payroll functions and the coordination of personnel records for past and current employees. * Oversee the Department's Psychological Services, Workers Compensation, Employee Relations and Safety Teams. e, Provide direction to the department's reserve battalion. Major Accomplishments i * Major contributor to an historical 8 consecutive years of overall crime reduction. * Accomplished,a recruit officer pass rate of 100%on the state mandated peace officers examination. * Developed a Career Path Program for entry level police officers and senior corporals. * Created the Helping Officers Manage Everyday (H.O.M.E.) Program which is an employee emotional awareness initiative. * Created a Military Liaison Program. * Coordinated the annual patrol bid. - * Coordinated the Community Policing 2.0 back to patrol initiative. * InstrumentaI in the development of an additional appointed rank. * Section Commander for NFL Super Bowl XLV,2011. • Police Operations Commander for the annual Texas/Oklahoma football games, 2001-2011. * Section Commander for the 2010 NBA All Star Game. August,2008—August,2010 Assistant Chief of Police,Patrol Bureau * Provide leadership, direction and oversight over the Patrol Bureau's 240 million dollar budget; the bulk of which is fixed personnel cost of more than 2,200 FTE's. * Police Field Patrol - Provide leadership and direction to seven Deputy Chiefs whose primary objective is to maintain order and security in the community through the effective deployment of approximately 1,700 sworn police officers, support staff and related equipment throughout the City of Dallas. * Police Storefronts — Storefronts (6 total) provide security for various housing developments and surrounding areas throughout the city, including foot patrol, counseling and referral to social service —1 � i— 2 agencies,response to walk-in requests and development of crime prevention programs. • Neighborhood Nuisance Abatement Unit — NNAU Personnel target high-crime/nuisance properties within communities first utilizing voluntary crime prevention programs followed by mandatory programs directed by city ordinance to reduce crime. The abatement process is utilized as a last resort 1f for non-compliant property owners. Personnel work with various city departments such as Fire, Code and the City Attorney's Office during the abatement process. • Crime Prevention Unit-- Provide Ieadership to Crime Prevention Unit whose personnel coordinate the activities of more than 700 neighborhood watch programs as well as the Crime Watch Executive Board. Also,provide vision and direction to the Police Department's registered corps of citizen volunteers. • Fleet Management Responsible for management of the Police Department's marked and unmarked E police fleet; a total of approximately 1,600 vehicles with a value in excess of 20 million dollars. • Parking Enforcement Division - Enhancing urban mobility through the application of integrated parking programs and policies which balance the many demands for on-street and ofF streetP g arkin space. • Conduct media interviews of high profile events. Present Public Safety and City Council briefings. Hold regular meetings, including disciplinary hearings, with staff/assigned commanders. Have regular communications with other city staff and state elected officials through e-mails, general meetings, conference calls and departmental visits. Meet with neighborhood and business groups to discuss issues and implement action plans. Meet with representatives from departmental employee organizations to address work-related issues from the rank and file. Major Accomplishments • October 1, 2008 through August 2010, achieved an overall crime reduction of 9.7%, which contributed to 6 consecutive years of overall crime reduction. Concurrently, the patrol bureau responded to 72% of emergency calls for service in 8 minutes or less. • Refined the utilization of the beat policing in conjunction with effective utilization of the compstat- 1 fusion model. • Police Operations Commander for the annual ATT Cotton Bowl Classic, 2001 —2009. • Standardized functions across all seven patrol stations in accordance with CALEA standards. • Refined the policies for adherence to the Mandatory Crime Reduction, Gold Star and the Convenience Store Ordinances. • In collaboration with Dallas County, created the Juvenile Spotlight Program. • Reestablished the UNIDOS program to improve relations with the non-english speaking community. • Decentralized the Nuisance Abatement process in order to cause patrol commanders to have more discretion over real property that plague neighborhoods within their area of control. This resulted in a 37% increase in new cases identified. • Created an effective and more professional Fleet Management Team through memberships into various public/private Fleet Management Associations. As a result, the average age of the marked fleet fell from 9 years to 3 years of age. The visibility of the marked fleet was enhanced by changing the paint scheme of marked cars from blue and white to black and white. The interior build-out of marked squad cars was standardized in order to enhance officer safety. December,2004—August,2008 Deputy Chief of Police,Personnel and Development Division • Managed a 36 million dollar budget while providing leadership and direction to command level officers who directly and/or indirectly impact the day-to-day activities of 250 sworn and non-sworn employees. • Training officer of record for the Dallas Police Department. Training responsibilities include both basic and in-service academies as well as the firing range. • Plan and direct all aspects of the hiring process, including recruitment, background investigations, and applicant processing. • Oversee the Department's payroll functions and the coordination of personnel records for past and current employees. 0 Oversee the Department's Psychological Sryic�s� Workers Compensation, Employee Relations and 3 Safety Teams. Major Accom lishments • Improved pass rates of the state mandated peace officers examination from 74%to 92%. Instituted a paid police cadet program targeting high.school and college aged students. • Increased the number of Police Reservist from 34 to 96. • 2007 - Processed 3300 applicants; hiring 336 sworn officers (second highest in departmental history). • 2006-Processed 2100 applicants; hiring 218 sworn officers(a fifteen year high). • 2005 -Processed 1700 applicants; hiring 170 sworn officers(75% increase from previous year). December,2001—2004 Deputy Chief of Police, Southeast Operations Division • Managed a 54 million dollar budget while providing leadership to the largest patrol division in the City, spanning 92 square miles with a population of 204,000. There were approximately 420 sworn and non- sworn employees assigned to the division which is located in the most economically and socially depressed area of Dallas. Major Accomplishments • Crime Reduction — Reduced crime during calendar years 2001, 2002 and 2003, the only patrol division that consistently achieved crime reduction during this period. • Response Times -Initiated the Department's first Code 99 program. Utilizing light and limited duty officers, positively affected response times by causing those officers to handle priority 3 and 4 calls over the telephone. This program cleared field officers and allowed thein to respond sooner to higher priority calls for service. Code 99 officers continue to be utilized patrol bureau wide. • Project Safe Neighborhoods (PSN) My affiliation with PSN solidified the Department's relationships with other departments within the city of Dallas, the state of Texas and the United States of America. 1 • Operation J.U.S.T.I.C.E — Operation JUSTICE consists of local, state and federal authorities working together to reduce crime at area truck stops. Over 600 contacts were made during calendar year 2003. • DFW F.A.S.T — Joint operation with the Dallas US Marshalls' Office targeting "hard-core" fugitives who have active warrants within the city of Dallas. Over 300 fugitives were captured during my assignment. ' • Community Relations-Attended 400 Community Meetings over a three year period. i i 1999-2001 Lieutenant of Police { • Chief of Staff, Office of the Chief • Provide functional review and control of outgoing and incoming correspondence. • Interact with City Council,Mayor, and the City Manager on items of public safety. Education and Trainin • Master of Business Administration-Amber University, Garland,Texas - • Bachelor of Science—Western Illinois University, Macomb, Illinois • FBI National Academy-214"' Session, Quantico,Virginia • Senior Management Institute for Police —Boston University,Boston, Mass • Law Enforcement Management Institute—Sam Houston State,-Huntsville,Texas • Advanced Management College-lP Session, Plano, Texas • Leadership Dallas-Dallas, Texas • West Point Leadership Course-Plano,Texas -� 13- 4 + Participated in over 200 law enforcement related seminars, workshops and conferences Professional Memberships/Activities • N.O.B.L.E.-Past President, Greater North Texas Chapter • FBI National Academy Associates,Inc. • International Association of Chiefs of Police • Police Executive Research Forum - • Major City Chiefs Human Resources Committee • Texas Police Chiefs Association 1 • North Texas Police Chiefs Association a • Dallas Chamber of Commerce • NAACP Professional Recognition/Awards + Finalist in a national search for the position of Chief of Police, Dallas,Texas,20I0 + Gary P.Hayes Award(Leadership, Innovation and Collaboration)—PERF, 2007 { • Special Recognition—Dallas City Council,2007 • Life-Saving Award—Greater Dallas Community Relations Commission, 1993 • Safe Driving Award—20 years • Perfect Attendance Award—20 years • Several other internal/external commendations I -1 � 4� j 1i 1 1 �L 1 I I i I I i i 13 mus c� o . Pon AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: 2/21/2012 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Application for a Department of Homeland Security-Staffing for Adequate Fire and Emergency Response (SAFER) Grant. CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in'the amount of $2,464,533 to the United States Department of Homeland Security— Staffing for Adequate Fire and l Emergency Response (SAFER) Grants Program to hire 27 firefighters within the Fire Department and authorizing the City Manager, or.designee, to apply for, accept, reject, alter or terminate the grant. BACKGROUND AND FINDINGS: i Currently, the Fire Department has 27 positions vacant-through attrition. The Staffing for Adequate Fire and 1 Emergency Response (SAFER) Grants Program is a competitive grant program designed to provide financial assistance to help fire departments increase frontline firefighters, rehire firefighters that have been laid off, retain firefighters facing imminent layoffs, or fill positions that were vacated through attrition. • The SAFER grant will provide 100% funding for approved entry-level salaries and fringe benefits of full- time firefighters for 24 months of grant funding. • There is no local match required for the SAFER Grant; however grant funding requests must be based on the current full-time entry level salary and frin9e benefits package for a firefighter. I j • Grantees under the SAFER Grant who layoff any firefighters during the two-year period of performance will be considered in default of their grant and the award will be terminated. • Grantees under the SAFER Grant must agree to maintain the funded positions as well as the number of positions declared at the time of the award throughout the two-year period of performance unless the grantee has been afforded a waiver of this requirement. • This grant will not add more positions to the department's current approved staffing level. I —117- i ALTERNATIVES: If we don't apply for the grant, we will have to fund current vacancies through the City's General Fund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of Resolution to submit grant application. EMERGENCY/ NON-EMERGENCY: Staff is requesting an emergency reading because the dead line to submit the application is February 24, 2012. This also is a routine, non-controversial item. DEPARTMENTAL Legal Finance— Federal Grants and Office of Management and budget. FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only.) Current Year Future Years TOTALS Line Item Budget 0 Encumbered/ Expended Amount 0 This item 0 BALANCE g f und(s): Comments: After two years the city will have to pick up the salaries and fringe benefits of the 27 firefighters. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Grant Application. Resolution Approvals: Trisha Dang, Assistant City Attorney Constance P. Sanchez, Director of f=inancial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager I 'i 1 1 i —119— Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $2,464,533 to the United States Department of Homeland Security — Staffing for Adequate Fire andEmergency Response (SAFER) Grants Program to hire 27 additional firefighters within the Fire Department and authorizing the City Manager, or designee, to apply for, accept, reject, alter or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or designee, is authorized to sdbmit a grant application in the amount of$2,464,533 to the United States Department of Homeland Security— Staffing for Adequate Fire and Emergency Response (SAFER)to hire 27 additional firefighters within the Fire Department, 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 the United States Department of Homeland Security—Staffing for Adequate Fire and Emergency Response (SAFER) Grants'Program funds,-the City of Corpus Christi assures that the fundswill be returned to the United States Department of Homeland Security—Staffing for Adequate Fire and Emergency Response (SAFER) in full. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to form: February 14, 2012 T. T sha Dang Assistant City Attorney For City Attorney —120— Corpus Christi, Texas Of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. i Priscilla G. Leal David Loeb John E. Marez i Nelda Martinez Mark Scott i i —121 — 1 { r i i i i 14 SC kOMPoF1 S I852 AGENDA MEMORANDUM for the City Council Meeting of February 21, 2012 DATE: January 25, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, Interim Director of Engineering Services daub@cctexas.com; (361) 826-3729. Valerie Gray, Director of Sform Water and Street Operations ValerieG@cctexas.com (361) 826-1875 MOTION AUTHORIZING CONTRACT FOR PROFESSIONAL SERVICES Williams Drive Phase 3.from Airline Road to Staoles 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 utter, combination 8 foot wide j Y• p g , 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 SPED. 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.24" and 315'),..,:The environmental component causes project design time to increase over the typical street improvement project. The construction funding is anticipated to be 80%/20% (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. —125— K3ENGINEER1NG DATAEXCHANGEICLARISSAJISTREETS1E11116-WILLIAMS DRIVE IMPR PH.3 STAPLES I d AIRLINESAGENDA ITEM-RVEIAGENDA 1 ITEM.DCC 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: CfP Project to Date Expenditures Fiscal Year: 2011-2012 JCIP only) Current Year Future Years TOTALS Line Item Budget $3,387,800.00 $1.1,976,800.00 $15,364,600.00 1 Encumbered 1 $383,500.00 Expended Amount $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 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 -126 K:IENGINEERING DATAEXCHANGEICLARISSAJkSTREETSIEi 1116-WILLIAMS DRIVE IMPR P TO AIRLINEIAGENDA(TEM-RVBAGENDA 1 ITEKDOC PRELIMINARY PROJECT BUDGET WILLIAM DRIVE PHASE 3 FROM STAPLES STREET TO AIRLINE ROAD Project No. E11116 January 10, 2012 StreetBond 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 FutureWater 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.............................................................................7.................. 561,437.00 Construction Materials Testing........................................................................... 112,287.50 Consultant Fees: 1 Consultant (RVE) .........................:................................................................ 959,995.00 Geotechnical Services................................................................................... 154,065.78 Reimbursements: I Contract Administration (Contract Preparation/Award/Admin).................................. 241,740.90 i Engineering Services Project M tlConstr M t/Traffic M t .................... 273,258.37 Construction Observation Services.................................... 0.00 Finance Administration.................................................................................... 120,870.45 Misc. (Printing, Advertising, etc.)........................................................................ 20,000.00 TOTAL....................................................................................................... $8,058,030.00 ESTIMATED PROJECT BUDGET BALANCE..................................................... $0.00 Construction Observation Services are included, but not authorized, in this contract. —127— Fle : \Mprofect councllexh exhE11 f 16.dw K 37 I'H 37 �QP1kRD . a COR.P71S GHES C9fRIS,17 L a Mo GAN Ball,f � 5 CL � Lp W POINT 0� • PROJECTLOCA77ON Phase 3 s �� �a Ro Sq�,q��q w lys CRYO DEL 050 FA 43 � `' $.q s Na j x Q FM 2444 r° V FLOUR BLUFF t yb Oso �k LOCA 77ON MAP NOT TD SCA1 f-.,,... PROJECT#Et f M MLLIAMS DRIVE IMPROVEMENTS, PHASE 3 CITY COUNCIL EXHIBIT CITY OFCORPUS CHRISTI, 7EX45 FROM STAPLES STREET l�Pwzr�E�r of ENGINEERING SERVICES TO AIRLINE ROAD PAGE. i of t -128- i 1 t i i i i I I 15 i �s 0 N�OBPIR X44 - AGENDA MEMORANDUM rs52 for the City Council Meeting of February 21, 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 Award Multi-Year Contract for Aviation Business Consultant Services a� i CAPTION: 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 —131 - r 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 Project to Date Expenditures Fiscal Year: 2011-2012 (CIP on! Current Year Future Years TOTALS Line Item Budgets $728,769.39. $728,769.39 Encumbered I Expended Amount $654,329.97 $654,329.97 This item $60,225.00 $607225.00 BALANCE $14,214.42 $14,214.42 Fund(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 —132— 3 V I AT 1 . 0 l 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 Carpus Christi acting through the Corpus Christi International Airport ("City"), a municipal corporation and political subdivision of the State of Texas, with offices at 1000 International Drive, Corpus Christi, Texas 78405, taxpayer identification number 74-5000574. 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. i 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 1/30/2012 -133— 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 all 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"I AGREES TO INDEMNIFY, _HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, -- " " ST ANY AND EMPLOYEES AND AGENTS , FROM AND AGAIN, 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 1 City Page 2 1/30/2012 —134— i THOSE CAUSED BY THE NEGLIGENCE OF THE CITY. CONSULTANT MUST AT ITS OWN EXPENSE INVESTIGATE ALL CLAIMS AND DEMANDSx 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 All 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 Propet#�r 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 gold 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: (i) 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 1 City Page 3 1/30/2012 —135— 1 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. Govemina 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 i obligations under this Agreement except (i) 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, oris 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 ", LLC CITY OF CORPUS CHRISTI By: �y By: Name: Daniel Ben1z6n Name: Title: President Title: Date: Date: Trillion Aviation/City Page 4 1130/2012 —136— STATEMENT OF WORK This Statement of Work No. 1 between Trillion Av, LLC ("Trillion Aviation") and the City of Corpus Christi ("City") is governed by the Master Services Agreement ("MSA") in effect between the parties and, upon execution of this Statement of Work by both parties, is incorporated the pursuant to MSA Section "Services". All terms and conditions of the MSA shall apply to this Statement of Work unless clearly stated to the contrary herein. CONTACT I i TRILLION AviATION: Dan Benton CITY: lied Segundo 1 TITLE DESCRIPTION SERVICES TO BE PERFORMED: Certain Negotiation, Development and Implementation projects, Air Service Development, and Financial Compliance Assistance as further described hereunder: 1. Negotiation, Development and/or Implementation— (estimated mplementation—(estimated 38-42 hours per month) Rental Car--QTA Agreement -Appraisal completion and review -West Traditional FBO Agreement 1 -East Traditional FBO Agreement -Parking Lot privatization assistance -T-Hangar RFQ -Convenience store ltF'Q -Military fuel bid -Coast Guard groundlease negotiations -Airport Parking Lot Utilization and Pricing Study -Quarterly updates i 2. Air Service Development—(estimated 10-12 hours ! per month) -Representation at conferences -Meetings with new/enhanced service airlines -Packaging incentives -Industry trends reporting -Airport specific data and analysis -Quarterly airport board briefings 3. Financial Compliance and Planning—(estimate 5-7 hours per month) -lion-airline revenue strategies -Rating agency presentation develop and assist -PFCs/CFCs strategy -Budget planning and variances -Bond covenant analysis Trillion Aviation 1 City Page 5 W30/2012 --137-- i i 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 1 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 Itreated for all purposes as an original. TRILLION AV, LLC CITY OF CORPUS CHRISTI By: By: Name: Daniel Benz n Name: Title: President Title: f Date: (13,0 12 Date: I I Trillion Aviation I City Page 6 1/30/2012 —138— 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 34-Day written notice of cancellation required on all Bodily Injury and Property Damage certificates or by applicable policy endorsements Per occurrence-aggregate COMMERCIAL. GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises--Operations j 3. Products/Completed Operations J 4. Contractual Liability 5. Independent Contractors 6. Personal Injury—Advertising Injury AUTOMOBILE LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired& Non-owned Vehicles PROFESSIONAL LIABILITY including: $1,000,000 per claim/$1,000,000 aggregate Coverage provided must cover officers, directors Defense Costs not included in face value of policy employees and agents If claims made policy, retro date must be prior to 1. ERRORS AND OMMISIONS inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured Applicable to Trillion Aviation's paid employees WORKERS' COMPENSATION while on City property WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS. EXHIBIT EMPLOYERS' LIABILITY 500,000/500,0001500,000 Trillion Aviation 1 City Page 7 1/30/2012 —� 39— C. 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. ll. 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, Al) 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. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. All notices under this Article - shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax# D. 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 S 1/30/2012 - -140— i 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. j 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 insuranceor 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 I 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. 1. 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 1 City Page 9 1/30/2012 —141 — 16 l a aRaxA AGENDA MEMORANDUM 182 for the City Council Meeting of February 21, 2012 DATE: 1/30/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB u@cctexas.com (361) 825-3729 APPROPRIATION FOR SPEED HUMP INSTALLATION ! CAPTION: Ordnance accepting and appropriating a $3,000 contribution for street hump construction in the No. 1020 General Fund; and changing the Fiscal Year 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures each by $3,000. BACKGROUND AND FINDINGS: The Residential Traffic Management Program is in place to manage; control, and reduce neighborhood traffic. Traffic calming programs are initiated by neighborhood request. Each request is placed on a first come first 'i serve basis. Upon acceptance of the request and speed study completed, a petition is then required from the residents and business owners within the defined area documenting that at least two-thirds of all household ,! adjacent to the project are in support of the installation. There is a cost-share criteria in place to pay for speed hump installations. The study conducted by staff for Rossiter Street concluded that it qualifies for two speed humps between the 300 and 400 block. In the Fiscal year 2011-2012 there are insufficient funds to execute the installation without the appropriation. This project is currently placed on the priority fist for the upcoming fiscal year but residents have opted to pay the full amount to expedite the speed bump installation. ALTERNATIVES: No Alternatives OTHER CONSIDERATIONS: Mr. Joe Gomez has written a check in the amount of$ 3,000.00 to have the necessary materials and labor required to install the two speed humps on Rossiter Street between South Alameda Street and Santa Fe Street (see location map) as soon as possible. CONFORMITY TO CITY POLICY: The street hump construction is an approved traffic calming project under§53-89 of the Code. Street humps will be installed under subsection "e" of§ 53-89. —145— EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Operating Expense 1 Revenue Project to Date Expenditures Fiscal Year: 2011-2012 GIP only) Current Year Future Years TOTALS Line Item Budget $25,000.00 $25,000.00 Encumbered Expended Amount $22,369.50 $22,365.50 Check Reimbursement $3,000.00 $3,000.00 This item $3,000.00 $3,000.00 BALANCE $2630.50 $2630.50 Fund(s). General Funds Comments: RECOMMENDATION: City Staff recommends the appropriation of these funds in order to install the required speed humps immediately. LIST OF SUPPORTING DOCUMENTS: Location Map Approvals: 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 —146— 1 i �,o al`s ti 4s4�osE ���P�s�p� ��\Spy, �� s�`�S� �•A. SCALE: N.T.S. gum a44g i foo aol`opP� �a GPS\F O m � �9 ,tee- v ROS5ITER ST. x 300-400 BLOCK n SPEED HUMP LOCATION ' �' OF`o ��O �O \�•: ,C�LaeOG , v-9 0�2L sqs e � v��� ppp� 'ygaj£ P �aePO� Q ,PGS �P��\aaS R �v 0 �� �k000 04sE, a> oo- GFtP P h Q� Z Pr1 yo�STdN �9Pf�"p v v -7 \NP QOePSPaOta��p�\GP P \\�`P��aN 00 4� GP�P� SAS e���ao oR\F� a SUBJECT; ROSSITER ST. SPEED HUMPS Traffic Engineering Div. Engineering Services Dept, 47— Page 1 of 2 Ordinance accepting and appropriating $3,000 residents' cost share for street hump construction in the No. 1020 Genera! Fund; changing the Fiscal Year 2011 - 2012,Operating Budget adopted by Ordinance No. 029155 to increase revenues and expenditures by $3,000 each. Be it ordained by the City Council of Corpus Christi, Texas, that: Section 1. An amount of $31000 in residents' cost share is accepted and appropriated for street hump construction in the No. 1020 General Fund. Section 2. The f=iscal Year 2011 - 2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase revenues and expenditures by $3,000 each. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adarne 1 City Secretary Mayor APPRO ED as to for 16-Feb Veronica Ocanas Assistant City Attorney for City Attorney 022812 ORD app$3,000 residents'share street hump const T9 v.2 Page 2 of 2 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 John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Mark Scott Larry Elizondo, Sr. David Loeb Priscilla G. Leal 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 John E. Marez Chris N. Adler Nelda Martinez Kelley Allen Marl:Scott., Larry Elizondo, Sr. David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of ATTEST: Armando Chapa Joe Adame City Secretary Mayor, APPROVED as to legal form: 16-Feb-12 By: Veronica Ocanas Assistant City Attorney for City Attorney 022812 ORD app$3,000 residents' share street hump construction v.2 -149- i I i i i 1 I I US C GO� U AGENDA MEMORANDUM for the City Council Meeting of February 21St, 2012 NAAOfl EkC 1852 . DATE: February 09, 2012 TO: Ronald L. Dison, City Manager r. FROM: Gustavo Gonzalez, P.E. gustavogo@cctexas.corn (361) 8261874 Establish a New Rate for the Sale of Untreated Water CAPTION: Ordinance setting rates for the sale of untreated water large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for severance; and providing for publication. BACKGROUND AND FINDINGS: Section 55-50, Code of Ordinances is amended by adding two new minimum monthly charges for untreated water customers in the table In subsection (a)(1)b and adding new subparagraphs (a)(2)j and (a)(2)k ALTERNATIVES: None i OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Not applicable EMERGENCY INON-EMERGENCY: Non-Emergency DEPARTMENTAL_ CLEARANCES: None i i -153- J - FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Fiscal Year: 2011-2012 Expenditures (CIP) Current Year Future Years TOTALS Bud et 0 0 0 0 Encumbered Ex ended Amount This item BALANCE 01 01 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Ordinance 55-50 Approvals: 'Lisa Aguilar, Senior Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager 3 i 1 I i —154— Page 1 of 4 Ordinance setting rates for the sale of untreated water to large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority; providing for severance; and providing for publication. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Section 55-50, Code of Ordinances is amended by adding two new minimum monthly charges for untreated water customers in_the table in subsection (a)(1)b and adding new subparagraphs (a)(2)j and (a)(2)k, to read as follows: "ARTICLE III. WATER RATES AND CHARGES "Sec. 55-50. Schedule. "(a) Base rates for water service. The rates for water service are as follows: "(1) Monthly minimum charges. "b. Untreated water customers. "August 1, 2011 to July 31, 2012 "Minimum monthly service charge, water $390.281 districts/ municipalities with raw water { supply contracts executed after January 1, i 1997 "Minimum monthly service charge for 237.70 public agency for resale untreated water j without a raw water supply contract executed after January 1, 19971 "Minimum monthly service charge, 300.28 industrial 1 "Minimum monthly service charge, 13.00 domestic 1 "Minimum annual service charge, domestic 130.09 i "Minimum monthly service charge, 195.00 agricultural irrigation water service i INDUSTRIAL-MINING WATER RATE AMENDMENT —155- 1 Page 2 of 4 "Minimum monthly service charge, 260.00 I temporary construction water service r "Minimum monthly service charge, temporary largo volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority $1,500.00 " Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997. If the charge based on the volume of water taken in a monthly billing period is less than $237.70, the customer shall be billed $237.70, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city -- f executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. 1 "(2) Monthly volume charges per 1,000 gallons. Tempora[y large volume industrial untreated water customers obtaining water, which is under contract to the City, from a reservoir under the exclusive control of a river authority. "January 1, 2012 to July, 31, 2012 "First acre foot or fraction thereof Minimum* "Over acre foot $1=1.00.00 per acre foot or fraction thereof "*Use the minimum charges in subsection (a)(1). Section 2. If for any reason any section; paragraph, subdivision,,clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. INDUSTRIAL-MINING WATER RATE AMENDMENT —156— 3 ' Page 3 of 4 Section 3. Publication shall be made in the official Publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. l I 3 , '1 INDUSTRIAL-WINING WATER RATE AMENDMENT -157- Page 4 of 4 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 Joe Adame City Secretary Mayor APPROVED as to form: By: -� Lisa Agui r Assistant City Attorney For City Attorney INDUSTRIAL-MINING WATER RATE AMENDMENT.DOCX - -158- 1� I 1 18 i i I i i o AGENDA MEMORANDUM for the City Council Meeting of February 21St, 2012 q PO- .X852 DATE: February 9, 2012 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E/;4f/7/ Director of Water Operations gustavogo@cctexas.com 361.826.1874 Raw water sales contract with Formosa Plastic, Inc. CAPTION: Ordinance authorizing the City Manager to execute a temporary raw water safes contract with Formosa Plastics Corporation, Texas. BACKGROUND AND FINDINGS: Lavaca Navidad River Authority has an annual contract for approximately.25,000 ac-ft of raw water with Formosa Plastics, Inc a Texas Corporation located in Pt. Comfort, Texas. Contract provisions stipulate that if the storage volume of Lake Texana falls below fifty (40%) storage, then LNRA has a right to reduce the diversions to Formosa Plastics, Inc. by twenty (20) percent. i .. Formosa Plastics has requested a water contract from the City of Corpus Christi for the amount of 667 ac-ft per month for three months not to exceed 2000 ac-ft. This amount will be reduced from our contract amount from Lake Texana, ALTERNATIVES: Formosa Plastics, Inc. will be using the next four months to develop several water wells on their property to make up the difference. OTHER CONSIDERATIONS: The contract price shall be $1100 per acre foot which could amount to a total of$2,200,000 revenue to the Water fund. Formosa will only be charged for the volume used. CONFORMITY TO CITY POLICY: The City of Corpus Christi has several other water contracts with municipalities and industrial customers. EMERGENCY INON-EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None required -161 - FINANCIAL IMPACT: ❑ Not Applicable o Operating Expense X Revenue ❑ Cl P Project to Date [BALANCE iscal Year: 2011-2012 Expenditures (CIP Current Year Future Years TOTALS ud et ncumbered/ x ended Amount his it $2,200,000 $2,200,000 $2,200 000 $2,200,000 Fund(s).- Comments: und(s):Comments: i None RECOMMENDATION: Staff recommends approval of this item. I LIST OF SUPPORTING DOCUMENTS: I Water sales contract Approvals: Lisa Aguilar, Senior Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan Assistant Director of Management and Budget et 9 9 Oscar Martinez, Assistant City Manager i -162- Page 1 of 2 An ordinance authorizing the City Manager to execute a temporary raw water sales contract with Formosa Plastics Corporation, Texas; and providing for severance. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager is authorized to execute a temporary raw water sales contract with Formosa Plastics Corporation, a substantial copy of which is attached to and incorporated into this ordinance as Exhibit "A". Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. i 1 Formosa Contract ord 12142011.docx -163- 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 KelleyAllen Nelda Martinez Larry Elizondo Mark Scott i Priscilla G. Leaf i PASSED AND APPROVED, this the day of 2012. Attest: Armando Chapa Joe Adame City Secretary Mayor 5!- Approved: day of F," �'<< � , 2012 f By: Jay Reining, First Assistant City Attorney For City Attorney -164- TEMPORARY RAW WATER SALES CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND FORMOSA PLASTICS CORPORATION, TEXAS .. THE STATE OF TEXAS § COUNTY OF NUECES § This Contract for the temporary safe of.untreated raw water, made as of this I day of January, 2012, by and between the City of Corpus Christi ("City"), a Texas home. rule municipal corporation, whose address is P.O. Box 9277, Corpus Christi, Texas .7840-9277, and acting through its duly authorized City Manager, or the City Manager's designee ("City Manager"), which is supplied water from, among other sources, Lake Texana by the Lavaca Navidad River Authority("LNRA") and which owns a regional water supply system that provides untreated raw water and treated water to municipal and Industrial districts, and Formosa Plastics Corporation, Texas ("Formosa"), a Delaware corporation, authorized to do business in Texas, whose address is 201 Formosa Drive, point Comfort, Texas 77978, acting by and through its duly authorized representative ("Formosa's Representative"), which also is supplied water from Lake Texana by LNRA. This Contract is the only agreement of the parties relating to the retail sale, diversion, and use of untreated raw water. Any prior understandings or written or oral agreements between the parties are superseded by this Contract. i . The City and LNRA entered into a Water Delivery and Conveyance Contract dated December 14, 1993 under which LNRA conveys 41,840 acre feet of water annually from Lake Texana to the City from an intake structure, pipeline, and pump referred to the West Delivery System ("LNRA/City Contract"). Formosa and LNRA entered into a Water Delivery and Conveyance Contract dated May 1, 1980, as amended, under which LNRA conveys 30,800 acre feet of water annually from Lake Texana to the Formosa from an Intake structure, pipeline and pump referred to the East Delivery System ("LNRA/Formosa Contract').Formosa wants to divert through the East Delivery System untreated raw water supplied by LNRA to the City for the City's sale to Formosa for its use for industrial purposes , or any corporation, which Is a successor to, subsidiary to, or affiliated with Formosa in the operation of Formosa's plants and all additions to the plants, or affiliated or subsidiary plants located in Calhoun County, Texas (for the purpose of this Contract they are collectively considered as the "Plant"), and the City desires to allow or otherwise facilitate the diversion, sale, and use of untreated raw water by Formosa through this retail raw water sale contract. i in consideration of the above recitals and the mutual promises, covenants, and agreements, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1 Temporary Flaw water Contract Between Corpus and Formosa 01092012.docx —165- i • I. Term. This Contract remains in effect from the date of final approval of this Contract, until March 31, 2412, and is subject to the termination provisions contained in this Contract. 2. Use and Quantity of Water. a. The City agrees to allow Formosa to divert and use consumptively untreated_ raw water from Lake Texana supplied to the City under the LNRA/City Contract, at Formosa's existing point of diversion defined in the LNRA/Formosa Contract, for industrial purposes in such quantity as may be required by Formosa, but not exceeding a total of 2,000 acre feet. Formosa-may divert the water the rate of diversion authorized by LNRA. b. However, if a situation arises, Formosa may divert the untreated raw water at a higher rate of diversion, as long as the City and LNRA permit the increase. Formosa recognizes that the City may need to limit the rate of diversions due to the City's own need for water. However, Formosa may not divert from the water supplied to the City by LNRA more than the contracted for 2;440 acre feet during the term of this agreement. Because LNRA has implemented a pro-rata reduction of water deliveries as defined in LNRA's current Drought Contingency Plan (DCP),'the volume of water to be transferred as a result of this agreement will be added to Formosa's average daily allotment as defined per the DCP and an equal amount deducted from the City's current delivery rate. c. Under the LNRA/Clty Contract and LNRA/Formosa Contract, title to and possession of the untreated raw water passes from LNRA to Formosa at the point of diversion. 3. Point of Diversion. Formosa will divert the untreated raw water at and with Its current facilities. 4. Measurement of Raw Water. a. The untreated raw water delivered under this contract must be measured in U.S. standard gallons by a suitable water meter or meters installed and maintained by LNRA at the point of diversion, which shall be accurate within 2%, either plus or minus. Checks as to the accuracy of the meter or meters may be made by the Director of Water Operations by request to LNRA, at the City's expense. The Director of Water Operations will notify the Formosa's Representative in writing 10 days in advance of all checks and tests in order that the Formosa-may have a representative present as a witness. However, if the Formosa's representative is not present, LNRA may proceed with the check. (1) If either the City's Director of Water Operations or Formosa's Representative, at any time, notifies the other that it desires a special test of any meter, the parties will cooperate in arranging for a special test to be made by LNRA, (2) The expense of the special test of the meter or meters will be paid by the party requesting the test. 2 Temporary Raw water Contract 9etween Corpus and Formosa N D82D12,doex —166— f (3) If, on any test, the meter tested is found to be inaccurate,the inaccuracy will be addressed in accordance with the provisions relating to meter inaccuracies in the LNRA/Formosa Contract. (4) If, for any reason, the meter or meters are out of service so that the volume of untreated raw water delivered cannot be ascertained or computed, the untreated raw water delivered during the period the meter or meters are out of service will be estimated under the provisions relating to meter inaccuracies in the LNRA/Formosa Contract. b. LNRA will read the meter or meters under the LNRA/Formosa Contract and will determine from these readings the amount of untreated raw water delivered to the Formosa. All meter readings will be made available to the Formosa's Representatives during the City's normal office hours. 5. Price of Raw Water. The price to be charged for untreated raw water sold by the City to the Formosa is One Thousand One Hundred Dollars ($1,100.00) per acre foot or fraction thereof. i 6. Fixed Minimum Obligation. Formosa is obligated to purchase the contract amount of untreated raw water by the end of the contract term, March 31, 2012, but Formosa must pay the City for the water at the daily amount in increments of twenty two (22) acre feet per day, 7. Billing. 1 a. All untreated raw water taken in any one calendar month will be billed between the first acid tenth of the next succeeding calendar month, and Formosa will pay the bill within 10 days of the receipt of such bill. Any clerical error in the blil or minor question regarding the bill is not sufficient grounds to delay payment by Formosa to the City, Any such questions, will be properly settled under the terms of-this Contract and by the agreement of bath parties. Any adjustments in the amount paid as a result of such agreement will be added to or deducted from the following month's bill. b. Any failure by Formosa to pay the monthly billing within 10 days after such billing date is a"default" under Section 14 of this Contract. In the event it becomes necessary to collect such charges through any Court procedure, the City is entitled to also recover reasonable attorney's fees. If Formosa fails to pay its water bills, the City may require the payment in advance of each monthly water bill based on a diversion of eight (8)acre feet per day, plus a deposit, as a condition to furnishing untreated raw water to Formosa, and may request LNRA cease delivery of water to Formosa until the City receives the required advanced payment and deposit. 8. Restrictions on Resale. Formosa, its.affiliates,.its subsidiaries, or any successor may use at the Plant all water diverted up to the maximum stated in Section 2.a. of this Contract. Formosa's water may not be used by any other person, corporation, 3 Temporary Raw Water Contract Between Corpus and Formosa 01062012.docx —167— d partnership, or entity, except for activities performed for Formosa at Formosa's Plant. Sale to or use by any other person, corporation, partnership, or entity is "default" under Section 14 of this Contract. 9. Water Rights. It is mutually agreed and understood that the City has acquired the contracted water from the I-NRA, which water contracted by the City is not under T Contract to others, and may be used to supply water to Formosa during the time this Contract remains in force. Further, that this Contract is subject to the City's responsibility and obligation to provide water to municipal and industrial consumers within the Corpus Christi city limits and municipal and industrial consumers outside its city limits. It is also mutually agreed and understood that this Contract is subject to the jurisdiction of the Texas Commission on Environmental Quality("TCEQ"), any successor agency, or any other regulatory authority that may have jurisdiction over such matters. Formosa agrees for the term of this Contract to support any future City requests to the TCEQ or other regulatory authorities for permission to acquire water rights or provide water to Formosa and other customers. 10. Water Conservation and (Drought Contingency Measures. a. Formosa acknowledges the terms of the TCEQ Agreed Order of April 28, 1995, which amended the operational procedures relating to Special Condition 5.8, Certificate of Adjudication No. 21-3214, and the City's responsibilities under both the Agreed Order and the Certificate of Adjudication. The agreed order requires the City to provide in any future contracts or any amendments, modifications, or changes to existing contracts the condition that all customers and any subsequent customers must develop and have in effect a water conservation and drought management plan consistent with the City plan as required by the TCEQ rule. Therefore, Formosa agrees that during the term of this Contract, Formosa, its affiliates, and subsidiaries shall comply with any restrictions imposed on industrial customers within the City of Corpus Christi when the City has implemented any provisions of its Water Conservation and Drought Contingency Plan, - adopted under Section 55-156, Code of Ordinances, City of Corpus Christi, or any amendments to the City's Water Conservation and Drought Contingency Plan or successor plan adopted by the City. The failure of Formosa, its affiliate, or subsidiary to comply with the City's Water Conservation and Drought Contingency Plan is a "" under Section 14 of this Contract. b. To the extent that the TCEQ or other regulatory agency requires rationing of water in a manner stricter than that imposed by the City, Formosa shall comply with such stricter method of rationing water. 11. Force Majeure. If the City or Formosa are prevented, wholly or in part, from fulfilling its obligations under this Contract by reason of any act of God, unavoidable accident, acts of enemies, strikes, fires, floods, conservation of water for those with superior and legal rights to such water, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances reasonably beyond its control, then the obligations of City or Formosa, as provided in this Contract,'are temporarily suspended during continuation of such force majeure, No damage is recoverable by 4 Temporary Raw Water Contract Between Corpus and Formosa 01092012.doox —168— Formosa from City by reason of the temporary suspension of delivery of water due to any of the causes above mentioned. If the City's obligation is affected by any of such causes, the City will promptly notify Formosa's Representative in writing, giving full particulars of such force majeure as soon as possible after the occurrence of the cause or causes relied upon. 12. Right to Terminate. a. Formosa may, by giving 48 hours written notice to the City's Director of Water Operations, cancel, and terminate this Contract in Its entirety. Formosa may give the notice by facsimile at(361) 826-4382. Notice by the same manner must be provided to LNRA. b. The City may terminate this Contract upon written notice to Formosa's Representative and LNRA in the event the combined storage capacity of the City's Lake Corpus Christi-Choke Carryon Reservoir system reaches fifty.(50%) percent of capacity as determined by the City. 13. Assignability. This Contract may not be assigned by Formosa to an unrelated third party without the prior written consent of the governing body of the City and LNRA, which consent will not be unreasonably withheld. 14. Authority to Execute. In order to make this Contract fully binding, the individual signing this Contract on behalf of each of the parties must have been duly authorized to execute this Contract by proper ordinance or resolution of its governing body (e.g., the City's City Council and Formosa's managers) and certified copies of the authorization must be furnished by each party to the other party for attachment to this Contract. The City's authorization shall be Exhibit A, and Formosa's authorization shall be Exhibit B. 16. Notices and Addresses. a. Any notice, communication, or statement required to be given pursuant to this Contract will be in writing and deemed to have been received when delivered in person or three (3) days after mailing if sent by certified mail, postage prepaid, return receipt requested, to the address of the respective party indicated below: City of Corpus Christi Formosa Plastics Corporation --Texas Attn.: Director of Water Operations Attn.: Randy Smith P. O. Box 9277 Vice-PresidentlGeneral Manager Corpus Christi, Texas 78489-9277 201, Formosa Drive Phone: (361) 826 1881 Point Comfort, Texas 77978 Fax: (361) 8261889 Phone: (361) 987-7410 Fax: (361) 987-8121b. b. Either party may change the individual or address to which notice is sent by sending a notice to the address designated in subsection (a) of,this section. 5 Temporary Raw Water Contract Between Corpus and Formosa 01092012.docx —169— 16. Regulatory Agencies. Formosa and City agree'that the effectiveness of this Contract is subject to the jurisdiction of the TCEQ and is dependent upon compliance with the regulations in Title 31, Texas Administrative Code, Chapter 295 and 297, Subchapter J., and any amendments thereto; 17. Severability. In case any one or more provisions contained in this Contract is for any reason Reid to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability does not affect any other provision hereof, and this Contract will be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Contract. 18. Captions. All titles of the Sections of this Contract have been inserted for convenience of reference only and are not considered a part of this Contract and in no way will they affect the interpretation of any provisions of this Contract. 19. Modifications. Any amendments, or alternative or supplementary agreements, to this Contract must be made in writing and duly executed by an authorized representative or agent of each of the parties to this Contract. 20. No Third Party Beneficiaries. This Contract is forthe sole and exclusive benefit of the parties, and shall never be construed to confer any benefit on any third party. This Contract will be binding upon and inure to the benefit of the parties and their respective successors and assigns where permitted by this Contract. 21. Texas Law.to Apply. This Contract will be construed under and in accordance with the laws of the State of Texas. 22. Venue. Performance of this Contract will take place in Nueces County, Texas. Any action or proceedings relating to this Contract must be taken in Nueces County, Texas. The parties agree that the courts in Nueces County, Texas, shall have exclusive jurisdiction over this agreement. 23. Prior Agreements Superseded. This Contract constitutes the sole and only. agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 24. All Agreements Contained in this Written Instrument, This Contract represents the entire agreement between Formosa and City and supersedes all prior negotiations, representations, or agreements either oral or written. The parties have executed this Contract in multiple counterparts, each executed copy shall be considered as an original, by their respective duly authorized representatives, this day of January, 2012. 6 Temporary Raw Water contract Between Corpus and Formosa O1092042,docx � -- —170— FORMOSA PLASTICS CORPORATION, TEXAS I F By: Name:-Randy Smith Title: Vice-President/General Manager ACKNOWLEDGMENT f STATE OF TEXAS § . COUNTY OF 0ed6u ,! § i This instrument was acknowledged before me on the day of ; , 2012, by Randy Smith, Vice-President/General Manager, Formosa Plastics Corporation — Texas, on behalf of the corporation. LANA MARIE TAYLOR cOMMISSION EXPIRES -� ApA 19,2013 Notary,Public, Statof Texas i ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson City Secretary City Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2012, by Ronald L. Olson, City Manager, City of Corpus Christi, on behalf of the City. Notary Public, State of Texas 7 Temporary Raw Water Contract Between Corpus and Formosa 01092012.dogx -171 - 1 APPROVED: �day of February, 2012 By: r Lisa Aguilar,Assi nt City Attorney For the City Attorney -172- i i i i 19 S �o o •� N gRPV9 AGENDA MEMORANDUM zss2 for the City Council Meeting of February 28, 2012 DATE: 2/2812012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 i Award of a supply agreement: Crushed Limestone Base j CAPTION: RECOMMENDATION: Motion approving a supply agreement with Martin Marietta Materials, San Antonio, Texas for crushed limestone base in accordance with Bid Invitation No. 6I-0059-12, based on low bid, for an estimated annual expenditure of$340,600 of which $141,916.67 is required for FY 201112012. The term of the contract is for twelve months with an option to extend for up to two additional twolve month periods, subject to the approval of the supplier and the City Manager or designee. Funds are budgeted by the Street Department in FY 2011/2D12. BACKGROUND AND FINDINGS: The crushed limestone base will be used by the Street Department as a subsurface foundation for street maintenance and repair. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: 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: Street Department -175- FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2411-20'12 (CIP only) Current Year Future Years TOTALS Line Item Budget $1,045,300.00 $198,683.33 $1,243,983.33 Encumbered 1 Expended Amount 330,154.44 0.00 330,154.44 This item 141,916.67 198,683.33 340,600.00 — BALANCE $573,228.89 0.00 $573,228.89 Fund(s). General Fund Comments: Not applicable. 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 –176- CITY OF CORPUS CHRISTI BID TABULATION BI-00059-12 PURCHASING DIVISION CRUSHED LIMESTONE BASE BUYER: ELISA COVINGTON DATE: 02/28/2012 Vulcan Construction Martin Marietta Materials Materials LP Coast Materials, Inc. San Antonio,TX Corpus Christi,TX Aransas Pass,TX Unit Extended Unit Extended Unit Extended Item Description Qty. Unit Price7 Price Price Price Price Price 1.0 Crushed Limestone Base, Item 247, Type A,Grade 1, City waives the Triaxial Class 1,TX DOT D2 on City Spec.1070: 1.1 F.O.B. City Storage Yard, 5352 Ayers 16,000 Tons $17.85 $285,600.00 $98.50 $2961000.00 $19.40 $310,400.00 Street, Corpus Christi,Texas 1.2 F.O.B.Jab Site,West of Corn Products 1,000 Tans 17.85 117,850.00 18.00 18,000.00 19.40 $19,400.00 Road,Corpus Christi,Texas 1.3 F.O.B.Job Site, East of Corn Products 1,000 Tons 18.00 18,000.00 18.42 18,420.00 21.40 $21,400.00 Road to Airline Road, Corpus Christi, Texas 1.4 F.Q.B.Job Site, East of Airline Road to 1,000 Tons 19.15 19,150.00 19.65 19,650.00 21.40 $21,400.00 include Padre Island in Corpus Christi, Texas TOTAL $340,600.00 $352,070.00 $372,600.00 i i i 1 i -177- j i I 20 l� 0 yP R 1852 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826-3169 Mikeb@cctexas.com Valve Maintenance Machine CAPTION: Recommendation: Motion approving the Ourchase of a valve maintenance machine from E. H. Wachs Co., Harvard, Illinois based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $69,832.14. Funds have been budgeted by the Water Department in FY 2011- 2012. BACKGROUND AND FINDINGS: The valve maintenance machine will be used by the Water Department to turn and perform preventive maintenance on valves installed throughout the water distribution system. Opening and closing these valves on a routine basis improves performance during actual line isolation and water pipeline repairs. ALTERNATIVES: The City currently has a service agreement for water valve inspection, operating and repair program. This machine will be used by City crews to offset the need to contract out this service. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY I NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Water Department -� 5� - 1 FINANCIAL IMPACT: Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget $155,000.00 $155,000.00 Encumbered/ Expended Amount $0.00 $0.00 This item $69;832.14 $69,832.14 BALANCE $85,167.86 $85,167,86 Fund(s): Water Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —182— CITY OF CORPUS CHRIST[ BUYBOARD CONTRACT#345-10 PURCHASING DIVISION VALVE MAINTENANCE MACHINE SENIOR BUYER: GABRIEL MALDONADO PRICE SHEET DATE: FEBRUARY 28, 2012 E. H. WACHS CO. HARVARD, ILLIONES UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE 1 Valve maintenance machine mounted 1 LOT $69,832.14 $69,832.14 on 7,000 GVWR utility trailer with 27 HP Kohler engine, hydratic pump and extended reach hydratic excerciser. TOTAL $69,832.14 i i I I i i -183- 21 1 se 0 �A U RPRNAGENDA MEMORANDUM xs�2 for the City Council Meeting of February 28, 2012 DATE: 212$12012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Purchase of a boom slope mower CAPTION: RECOMMENDATION: Motion approving the purchase of one (1) boom slope mower from Tiger Corporation, I of Sioux Falls, South Dakota, in the amount of $106,229.70. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. This unit is a replacement to the fleet and will be used by the Storm Water Department. Funds are available in the Storm Water Operations Budget in FY 11112. BACKGROUND AND FINDINGS: The Storm Water Department is responsible for mowing and maintaining approximately 1,912 acres of right-of- way (ROW) ---- Nine hundred and seventy-four (974) acres of unimproved street ROW mowing, 782 acres of major ditch ROW mowing, and 156 acres of improved street ROW mowing. Approximately 48% is maintained by City forces. The mower will be used by Storm Water to mow major drainage ditches throughout the City. The tractor is equipped with a specialized boom arm that allows for the mowing of 25-to 30-foot deep ditches. This unit is a replacement to the fleet. The expected life for a boom mower tractor is eight years. The unit it will replace had been in service for twelve years, with maintenance repair costs of$89,264 paid during the last three years. 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: Storm Water Department —187— FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2041-201:2 (CIP only) Current Year Future Years TOTALS Line Item Budget $107,000.00 0.00 $107,000.00 Encumbered/ Expended Amount 0.00 0.00 0.00 This item 106,229.70 0.00 106,229.70 BALANCE $ 770.30 0.00 $ 770.30 Fund(s): Storm Water Fund Comments: NIA RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet 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 a —188— CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BUYBOARD CONTRACT 9373-11 BUYER:ELISA COVINGTON COUNCIL DATE: 02/28/12 i ITIGER CORPORATION SIOUX FALLS, SOUTH DAKOTA i Unit Extended ITEM DESCRIPTION QTY. UNIT Price Price 1. John Deere 6330 JD/4wd/CAB/AIR/ I Each $106,229.70 $106,229.70 16X16 creeper gear,mid-mount boom mower w/legal rear stow,includes boom arms,mounting system including extended factory warranty 5 year/5000 hours, "full comprehensive"6330JD Tractor and extended boom warranty-3 years. Award Total $106,229,70 . I -189- l 1 i 3 1 I 22 1{i i f 185�� AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 1/30/2012 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resource yasminec@cctexas.com 361-826-3315 Digital Archiving of Personnel Files 1 CAPTION: Motion approving a contract with MCC[ of Tallahassee, Florida for an estimated expenditure of $86,905. The pricing terms listed.are in effect for three (3) years from the signed contract date. Funds are budgeted in the General Fund and the Risk Management Administration Fund for the remainder of FY 2011 —2012. BACKGROUND AND FINDINGS: The Human Resources Department is responsible for maintaining personnel files for all City employees, current and former, and follows a records retention schedule in accordance with state and City requirements. Current employee personnel files are maintained in the Human Resources Department (space equivalent to four offices), and former employee personnel files are stored in the City Hall basement. The storage, maintenance and retrieval of documents from these files is time and space consuming. It is in the City's best interest to move to digital archiving of these records. Digital archiving will ensure the protection of personnel files regarding security, weathering, and disaster recovery, and reduce staff time needed for maintenance and retrieval, while also freeing up office space. The State Library of Texas has designated digitized records as acceptable under records retention requirements. This process to digitize records will begin with the development of the archival system framework, and will include scanning all active personnel and benefit files into an electronic archiving system. As records are archived electronically, staff will be able to access records through the system rather than having to search through paper records. This will be of significant benefit to the department when responding,to public information requests. Upon approval of this agreement, MCCI has proposed, the digitization will be completed within three (3) to five (5) months,after receipt of the records. After the paper records have been digitally archived, they will remain in the City's storage for a period of one (1) year, following which the paper records will be destroyed. Funds have been budgeted for this project for FY 2011 — FY 2012. Funding specifically provides the following: -193- • Active Personnel Files — Roughly 100 boxes 28,952.00 • Active Medical Files—66 boxes 19,108.32 • Active Benefit Files--70 boxes 20,266.40 • Retiree Enrolled in the Health Plan Benefit Files — 14 boxes 4,053.28 • Shipping 5,000.00 • Batch Processing Modules for Laserfiche including maintenance (used to capture and index current personnel documents as they are being processed) 4,825.00 • Professional Services(document prep assistance,design of index template) 4,700.00 Total: $86,905.00 MCCI has provided this service for numerous other Texas cities, and currently provides digital archiving services for several City departments (City Secretary, Water, Wastewater, Storm Water, and Neighborhood Services). ALTERNATIVES: Continue manual, paper documentation storage, maintenance and retrieval OTHER CONSIDERATIONS: This will complete electronic archiving of current personnel, medical and benefit files. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY 1 NON-EMERGENCY: Not applicable i J DEPARTMENTAL CLEARANCES: Municipal Information Systems Department E FINANCIAL IMPACT: Operating Expense 1 Project to Date Expenditures Fiscal Year: 2011-2012 GIP only) Current Year Future Years TOTALS Line Item Budget $164,864 $164,864 Encumbered 1 - Expended Amount 66,675 66,675 This item 86,965 86,905 BALANCE 11,2841 11,284 Fund(s): General and Risk Administration Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: MCCI Proposal Approvals. Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager —194— PROFESSIONAL SERVICES AGREEMENT This Professional Services.Agreement("Agreement") is entered into by and between the City of Corpus Christi, a municipal corporation("City"), and MCC Innovations, ("Consultant") effective for all 1` purposes upon execution by the City Manager or City Manager's designee. I. SERVICES TO BE PERFORMED. The Consultant agrees to provide professional services to the City of Corpus Christi as described in attached proposal, attached as Exhibit A. The parties agree performance of the work shall commence upon authorization to proceed by the City Contract Administrator. The Director of Human Resources is designated as the City Contract Administrator responsible for all phases of performance and operations under this Agreement, including authorizations for payment. All notices or communications regarding this Agreement shall be directed to �I the Contract Administrator. II. FEE FOR SERVICES AND MILESTONE PAYMENTS. Total cost for all services provided by Consultant and all expenses incurred by Consultant under this Agreement shall not exceed $88,405.00 based upon fees as set forth .-n Exhibit A unless authorized by written amendment to this Agreement. Contract Administrator and Consultant shall identify mutually agreed upon project milestones at which time payments shall be due. Payment shall be made within 30 days from receipt of invoice after Contract Administrator's acceptance of Consultant's successful completion of each project milestone. III. EFFECTIVE DATE, TERM,TERMINATION, HIERARCHY OF DOCUMENTS A. This agreement takes effect upon execution by the City Manager or his designee ("Effective Date"). B. The term of this agreement is one year from the Effective date unless sooner terminated in accordance with Subsection C below. This agreement may be extended for up to two (1) additional one year terms upon the written approval of the Contract Administrator, at the same terms and conditions. C. The City may, at any time, with.or without cause, terminate this Agreement upon sixty (60) days written notice to the Consultant. Upon termination of this Agreement, all finished or unfinished documents, data, studies, or reports prepared or stored by the Consultant for the City, at the option of the City,will be delivered to the City. : D. In the event of any conflicting terms between this Agreement and Consultant's Proposal, the terms in this Agreement control. IV. APPROPRIATION OF FUNDS. All parties recognize that the continuation of any contract after the close of any fiscal year of City, which fiscal year ends on July 31 of each year, shall be subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget. City does not represent that the budget item will be actually adopted, said determination being within the sole discretion of the City Council at the time of adoption of such budget. V. ASSIGNABILITY. Neither parry may assign, transfer, or delegate any of his obligations or duties in this Contract to any other person without the prior written consent of the other party. VI. INDEPENDENT CONTRACTOR. Consultant shall perform all services as an independent contractor and shall famish such services in its own manner and method, and under no circumstances or —19�— i 2 conditions shall an agent, servant, or employee of the Consultant be considered an employee of the City. VII. SUBCONTRACTORS. Consultant may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, Consultant must obtain prior written approval from the City Contract Administrator. In using subcontractors, Consultant agrees to be responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Consultant. All requirements set forth as part of this Agreement shall be applicable to all subcontractors and their employees to the same extent as if the Consultant and its employees had performed the services. Any subcontractor utilized by Consultant shall be responsibility of Consultant to indemnify as described in Section X below and insure at same levels as required in attached insurance exhibit. . VIII. VENUE AND APPLICABLE LAW. Consultant shall comply with all applicable Federal, State and local laws. The applicable law for any legal disputes arising out of this Agreement shall be the law of Texas and such forum and venue for such disputes shall be the appropriate district,county, or justice court in and for Nueces County, Texas. IX. WAIVER. No waiver of any breach of any term, or condition of this Agreement, shall be construed to waive any subsequent breach of the same. X. INDEMNIFICATION. Subject to Consultant's liability being subject to one million dollars, Consultant agrees to indemnify and hold City, its officers, employees or agents ("Indemnitees") harmless of, from, and against all claims, lawsuits, demands, actions, damages, losses, costs, liabilities, and expenses, including court costs and attorney fees, for or on account of any injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the performance of this Agreement; an act or omission, negligence or misconduct on the part of Consultant, or any of its agents, servants, contractors, subcontractors, or employees in performance of this Agreement. Subject to Consultant's liability being subject to one million dollars, Consultant agrees to indemnify and save harmless City, its agents, servants, and employees, ("Indemnitees"), from any and all liabilities, losses, damages, or expenses, including court costs and attorney fees, resulting from the negligence or acts or omissions of Consultant, its employees, officers, agents, contractors, or subcontractors while in performance of this Agreement. XI. INSURANCE. Consultant agrees to provide insurance in accordance with the attached exhibit B. XII. AMENDMENTS OR MODIFICATIONS. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each parry. -196- j 3 XIII. NOTICES. Notices provided shall be in writing,and mailed via first class US Mail, or overnight mail delivery service, addressed as follows: On behalf of the City: City of Corpus Christi Attn: Director of Human Resources P.O. Box 9277 Corpus Christi, TX 78469-9277 - On behalf of the Consultant: MCC Innovations Attn: Donny Barstow PO Box 2235 Tallahassee FL 32316 1 XIV.DISCLOSURE OF INTERESTS. Consultant shall complete the attached Disclosure of Interest form. XV. CAPTIONS. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. CITY OF CORPUS CHRISTI Ronald L. Olson Date City Manager 2- APPROVED APPROVED THIS [`DAY OF 201 By: Assistadfjoity Attorney For City Attorney CONSULTANT: MCC Innovations By. 1 Name: Donny Barstow Title: President Date: -� 1 / �z -197- 1 4 "Exhibit A" "C' C i Exper enceExcellence Municipal Code Corporation CORPORATE OFFICE RUSSELL HADDOCK Sales Department—DIR-SDD-980 Senior Account Executive PO Box 2235 •Tallahassee, Florida 32316 7940 Park Ridge Drive, Fort Worth,TX 76137 (800)342-2633 • FAX(850)701-0715 (817)788-1102 • rhaddock@mccinnovations.com February 9,2012 Ms.Joan McKaughn Director of Human Resources PO Bos 9277 Corpus Christi,TX Dear Ms. McKaughn: Thank you for speaking with me recently regarding Scanning and Indexing your records and our archiving services for your permanent records. Per our conversation we have included a Proposal for scanning your documents so you have a searchable archived copy of your records. Our Scanning and Indexing service provides many benefits including: ➢ Full Search Features-Your typed documents will be fully searchable through the run-time CD equipped with the Laserfiche software. This powerful searching includes general text searching as well as date searches. Both of these searches can be combined to find documents instantly from your desk versus spending countless hours manually searching through your hard copy records. ➢ Back File Document—one of the consistently growing issues our customers are facing is how to get their documents caught up to a point they can work from a complete "day forward" process within Laserfiche. By outsourcing the scanning of your records for use in Laserfiche with MCG,you'll have access to electronic records much sooner. ➢ Disaster Recovery-By scanning and indexing your documents,you will no longer have to depend on the hard copies for finding information. This can be extremely valuable in the event of a disaster and your records were unobtainable temporarily or permanently. If you have any questions concerning our proposal or desire additional information, please do not hesitate to contact me on our toll-free number. We appreciate your interest and hope that we will have the pleasure of working with you and serving the City of Corpus Christi. Sincerely, �f Russell Haddock Senior Account Executive -198- i 1 5 1 I Quotation Sheet DIR-SDD-980 PROJECT SCOPE—All estimates are based on information provided by the client e General Description Department: Human Resources Document Types: Regular size documents up to 11x17 Document Count: Active Files • Personnel Files—Roughly 100 Boxes Medical Files-66 Boxes • Benefit Files-70 Boxes • Active.Retiree Benefit Files-14 Boxes • Standard estimate is 2,200 images per box • Tonal estimated image count is 550,000 images i - ? Terminated Files: • Personnel Files from 1949-2006----200 Boxes • Recently Terminated Persohnel Files--96 Boxes i • Medical-24 Boxes • Total Estimated Image Count is 704,000 images Miscellaneous Files; Recruitment-45 Boxes • Discipline/Investigations-29 Boxes • Various Police and Fire Records-31 Boxes • Total Estimated Image Count is 231,000 image • Document Preparation: Current Storage Method: Boxes(or will be boxed) Condition of documents: Active and recent records in good condition, light document prep required. Many of the older permanent records are in worse condition and would require greater prep and may have o lower image quality. ® Image Processing DPI&Color: 300 DPI, Black& White Indexing Requirements: Up to 3 Fields Optical Character Recognition included Image Output Media: Removable Hard Drive Output&Content: Laserfiche Briefcase Material Handling Shipping Logistics: MCCi Pickup and Delivery _199- l . 6 PROJECT PRICING The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy/electronic documents to be converted. Conversion of Standard Documents up to 11"x17" in size _. Prices listed are per image/per job. If the project is broken up into multiple parts the volume pricing must be broken up as well. • 0-50,000 images=$0.26 (DIR 6%Discount=$0.2444) • 50,001-100,000 images=$0.21(DIR 6% Discount=$0.1974) • 100,001-500,000 images=$0.16 (DIR 6% Discount=$0.1504) • 500,001+images=$0.14(DIR 6%Discount=$0.1316) Large Format Documents up to 42"=$1.1.5 per image Color Documents=$1 per image in addition to regular per image rate The following services are included in this proposal when 350k or more images are scanned at no additional expense: Up to 2 Days onsite assistance from MCCi Project Manager(Travel Expenses not included) o Document Prep Assistance o Indexing Needs and Template Design c Pre-Scanning Workflow Design Consultations (can be done offsite at client request) o Normal,Non Volume-Discounted cost to client is$2,100 per day • Up to four hours of remote import assistance from MCCi Project Manager o Incorporate scanned work into clients existing file structure o Review completed work o Answer any client questions o Normal, Non Volume-Discounted cost to client is$110 per hour Optional Services for jobs less than 350k images or on an as needed basis: • Remote Import Assistance/Offsite Consultations=$110.00 per hour • Additional On-Site Assistance=Pricing provided on an as needed basis Shipping Expenses: • $10 per box pickup and$10 per box delivery o Not to exceed $2,500 per trip Special notes: The pricing terms listed are in effect for 3 years from signed contract date.At the completion of the 3 year term the agreement can be modified and/or extended as needed. The volume based per image prices are on a per job basis, if the job is broken up into multiple parts the volume pricing must be broken up as well - Reasonable Travel expenses for on-site document prep and consultation will be invoiced at MCC!cast,but not to exceed$1,500 per week of travel. -200- 7 PAYMENT& BILLING TERMS MCCi will invoice project on a monthly schedule, based on agreed upon deliverables(Physical Electronic media, i.e. DVD or Hard Drive). Payment is due within 30 days of City's receipt of a valid invoice after Client's acceptance of MCCi successful completion of each deliverable. MCCi,a Limited Liability Company and subsidiary of MUNICIPAL CODE CORPORATION,which is duly organized and existing under the laws of the State Df Florida,hereinafter referred to as MCCi,hereby offers the Laserfiche Software&Services to the City of CORPUS CHRISTI,TX a corporation duly organized and existing under state law,hereinafter referred to as the Client,according to the following terms and conditions. MCCI DOCUMENT SERVICES—INDEXING SERVICES Once MCC!has received your documents,the following process will occur according to the terms laid out in MCC!'s pricing proposal and may vary according to services selected. CONSULTATION. A Consultation will.be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the following;the signed contract and terms,folder structure,current searching methods,document naming scheme,document preparation requirements,and document shipment and/or pick up. DOCUMENT PREPARATION_ if you decide to send paper documents to MCCi,the process of document preparation begins with removing any materials that may prohibit the document from being fed through the scanner(i.e.Removal of documents from file folders,Removal of staples, papercilps,tape,clips,etc)and is described as Document Preparation. Upon completion of scanning,MCC!will organize the documents into their original order as received from the.Cllent. DOCUMENT ORGANIZATION&INDEXING. Based on the scope of the project and outcome of your Consultation,MCC!will organize and index your documents. This will enable them to be searched and organized by three different methods. The first method includes organizing your documents in a tree-like folder structure,similar to Windows Explorer. This provides a visual method to store and locate your documents. The second method involves the use of electronic template cards. These templates contain unique information pertalningto that particular document. Once a template layout has been agreed upon,no changes can be made once the job has already been started. The third method includes running a process called optical character recognition(OCR),allowing forfull-text indexing and searching capabilities. The OCR process converts printed words into alphanumeric characters dependent upon font and paper quality. This enables each occurrence of an OCR'd word to be searched and retrieved. Microfilm,Maps,Poor Quality,and Handwritten documents will be searchable by keyword index only(via template card). DOCUMENT QUALITY CONTROL. MCC!performs a thorough quality control process after the job has been completed. Each scanned!mage is inspected for quality,legibility,and accuracy. Steps are taken to ensure each document has been captured,the quality of the scanned image is I comparable to the original,and all manual indexing errors have been corrected. MCC!cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those discrepancies reported within 94 days after delivery of hard copy materials. i DOCUMENT STORAGE. MCCi's facilities contain secure rooms for hardcopy"work in progress"document storage that are designed to prevent damage from natural disasters. MCCi will arrange for the prompt return of hardcopy documents to the client after completion of scanning with the cost for return shipping not to exceed$2,500.00.. If documents reside at MCCi facilities for a period longer than 90 days after a request for delivery has been made,storage charges will apply. MCCi is not responsible for maintaining permanent archive and accepts no responsibility to loss of electronic data. FUTURE UPDATES. The Client can provide MCC!additional documents after completion of initial project. The updates can be on a schedule,or as desired by the Client. The Client shall forward to MCC!copies of the final documents via e-mail,certified mall carrier,or through the MCC!pickup and delivery service(offered in select states only). At each update,the Client may elect to purchase an updated version of their records on electronic media. All copies will be disposed of within 60 days upon completion of work. original documents will be returned to the Client. 1 I ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions as laid out here within,MCC!can provide any department in the organization with scanning services for documents other than those described in Section I of the pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with each department interested in beginning their own MuniScan project to determine individual scanning and indexing needs. For further information and instruction regarding this service please contact our Service Bureau Manager. MICROFILM&FICHE CONVERSION SERVICES.MCCi offers electronic conversion services for microfilm,microfiche,and aperture cards.The Client will provide MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders,skewed images,blurry images,non-legible images,or other errors that are not controllable by MCC!. Unless otherwise specifled In the project scope,MCC!will index by the roll/card number or unique identifier. -201 - S LASERFICHE SEARCH ENGINE CD/DVD AND MINIMUM HARDWARE REQUIREMENTS. MCC!will integrate the documents with the LaserFiche Software to provide the Client with the most powerful index retrieval search engine available with the following features;intuitive browse window, index cards,and full text word search. MCC!will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche. The Laserfiche version 8 software requires the use of Windows 2000 or higher or Windows XP to access the CD/DVD. PROJECT TIMELINE. MCCi will complete and deliver the project within 90 days after receipt of documents. Should MCC!require additional time,the Client will be notified immediately to determine mutually agreed upon extension. DOCUMENT TRANSPORTATION. The client is required to package all materials per MCCi's instruction prior to delivery of materials to MCCI facilities. If the client chooses to utilize MCCi's pick up and delivery service(offered in select states),pricing is based on picking up the entire project described in the scope of services in one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up,additional charges will be applied. If the client chooses to ship via a certified carrier,the client incurs all shipping costs. PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCI requires having the entire project in bulk,rather than in small quantities. Breaking the project into smaller quantities will affect the volume pricing,and additional charges per image may apply. A sample maybe required prior to confirming large volume job pricing. UNANTICIPATED DOCUMENT TYPES&SIZES. The prices quoted are made with the expectation that customer will properly prepare and annotate materials for scanning bureau use and that documents are consistent with the description provided in the scope of services.If documents are not as initially represented,additional charges will apply. MCC!will call for authorization to proceed with the project. LASERFICHE SYSTEM CUSTOMERS. Due to requirements by Laserflche systems regarding the importing of images and indexing information,it is i highly recommended that Clients who already have a LaserFiche system have their documents scanned using only Laserfiche software. This will ensure that all associated Indexing information will be properly retained after the importing of images into the Laserfiche system. MCC!has knowledge ofthe software versions,indexing requirements,and compatlbility issues for each of our Laserfiche system clients. For these reasons, MCCi should be considered as a Sole Source provider for scanning services. MCCI CERTIFIED PARTNERS. MCCI maintains partnerships for the purpose of additional capacity and flexibility in meeting client expectations. In the event partners are used for a project,the management and support of the project is handled directly by MCCI. However,MCC!shall remain responsible for all acts and omissions of partners. AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS.MCCI agrees to allow any other Government agency to purchase items at the same terms,conditions and pricing as this contract during the period of time that this contract Is In effect.Minor changes in terms and conditions may be negotiated by MCO and participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency. LIMITED LIABILITY.In no event shall MCC!'s total liability to the client exceed$1 million dollars. PAYMENT&BILLING TERMS. MCCI will invoice project on a monthly schedule,based on agreed upon deliverables(Physical'electronic media,i.e. DVD or Hard Drive). Payment is due within 30 days of City's receipt of a valid invoice after Client's acceptance of MCC!successful completion of each deliverable. -202- 9 EXHTBTT B INSURANCE REQUIREMENTS I. Municipal Code Corporation ("MCCI") LIABILITY INSURANCE A. MCCI must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. MCC] must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. MCCI must furnish to the City's Risk Manager two (2) copies of Certificates 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 jrequired for the General Liability and Workers Compensation policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 1 30-Day written notice of cancellation Bodily Injury and Property Damage required by policy endorsements for all Per occurrence - aggregate coverages COMMERCIAL GENERAL LIABILITY $1,000,000 COMBINED SINGLE LIMIT-- including: $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury—Advertising Injury AUTOMOBILE LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired & non-Owned vehicles Electronic Errors and Omissions $1,000,000 Bailee's Customers Goods Coverage $200,000 Applicable while on City property WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION 11 OF THIS EXHIBIT EMPLOYERS' LIABILITY 500,000/500,000/500,000 —203— 10 C. In the event of accidents of any kind, the MCCI must furnish the Risk Manager with copies of all reports of such accidents related to this agreement within ten (10) days of accident. II. ADDITIONAL REQUIREMENTS A. MCC[ 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. t B. MCCI's financial integrity is of interest to the City; therefore, subject to MCCIs right to maintain reasonable deductibles in such amounts as are approved by the City, MCCI shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at MCCI's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion; revision, or modification of particular policy terms, conditions, [imitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). MCC[ shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. MCCI shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christ[ Attn: Risk Management P.D. Box 9277 Corpus Christi, TX 78469-9277 (361) 825-4555- Fax# D. MCCI agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and —204— 11 activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of - subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not.less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, MCCI shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend MCCI's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon MCCI'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 MCCI to stop work hereunder, and/or withhold any payment(s) which become due to MCC[ hereunder until MCCI demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which MCCI may be held responsible for payments of damages to persons or property resulting from MCCI's or its subcontractor's performance of the work covered under this agreement. i H. It is agreed that MCCI'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. 3 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. III. EXCEPTIONS 1N MCC1'S INSURANCE COVERAGE i A. Section II(B) "Insurance coverage written on an occurrence basis". - Electronic Errors and Omissions (Professional Liability) is claims made basis. B. Section II(C) -- Requested changes in coverage will be subject to underwriting approval. C. Section II(D) First Bullet — Certificate will only include City of Corpus Christi as an additional insured —205— 12 CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered., If the question is not applicable, answer with"NA". See reverse side for definitions. COMPANY NAME:MCC Innovations P. O.BOX: 2316 STREET: n/a CITY: Tallahassee FL ZIP: 32316 FIRM IS: I. Corporation(x ) 2. Partnership ( ) 3. Sole Owner ( ) 4. Association{ ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State'tbe names of each "employee" of the City of Corpus Christi having an ownership interest" constituting 3%or more of the ownership in the above named"firm.' Name Job Title and City Department(if known) NIA NIA + 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." 3 Name Title I NIA NIA 3. State the names o each oar mem er o e City ofCorpus CEEsti having anownership interest' constituting 3% or more of the ownership in the above named"firm." s Name Board,Commission,or Committee NIA NIA 3 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Consultant Donny Barstow CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withhelddisclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas.as changes occur. Certifying Person: Donny Barstow Title: President ype or Print) Signature of Certifying Person: Date: Z 6`1 0/z_ -206- 13 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. d. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. ' e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. []Constructively held0 refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.Q j £ "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus 1 Christi for the purpose of professional consultation and recommendation. I i -207- �y��71y'•y MUNIC-1 OP ID:TB A�Llfa RJB DATE(MM1DDJYYYY) - �.� CERTIFICATE OF LIABILITY INSURANCE 42/43/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCERCONTACT 854-3$6-1117 NAME: Rogers,Gunter,Vaughn $gp_3$5 9$2T PHONE F -- — Insurance,Inc, "—C.No. E-MAR t) A1C No: - 1117Thomasville Rd. ADDRess: Tallahassee,FL 32303 — WSURERLS1 AFFORDING COVERAGE NAIL# INSURER A,Safeco Insurance Compan D1950 INSURED Municipal Code Corp. INSURER B:Travelers Inde mnit Cam any Michelle Eagen INSURERC:Charter Oak Fire Insurance Co. 25613 P.O.Box 2235 Tallahassee,FL 32316 INSURER D:Travelers Insurance Company INSURER E• - INSURER F; _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN iS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND-CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (LTR' TYPE OF INSURANCE ,A POLICY NUMBER M I�DYIYYYY `: MMIDDY MY LJMITB _ I GENERAL LIABILITY I EACH OCCURRENCE `3 1,000,00 C I X I COMMERCIAt GENERAL LIABILITY ' X 1660454M5347COF12 ° 01101/12 01/01/13 EM TO RENTED :L .I �rr--����- I PRSMISES.�.Ee occurrence 15 144,DD CLAIMS-MADE �OCCUR MED EXP(Any one person) 5 S,QD PERSONAL&AOV INJURY S 1,000,00 `GENERAL AGGREGATE $ 2,000,04 GEN.L AGGREGATE LIMIT APPLIES PER; I PRODUCTS-COMPIOP AGG 5 2,000,0D X POLICY'---�PRO LOC Emp Ben. s 11204000 AUTOMOBILE LABILITY , I COMBINED SINGLE LiM1T Ea accitlent)_ 1,000,040 C X ANYAUT0 X BA8662H91812SEL 01/01/12 01101113 BODILYINJURY(P.,Pe..W) s ALL SCHEDED AUTOS NEO AUTOS UL 'BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE $ r HIREDAUTOS AUTOS I I Paraccideni i r I I 5 X UMBRELLA LJAB X I OCCUR x I EACH OCCURRENCE 19 5,444,00 $ EXCESS CLAIMS-MADE CUP3299R8981242 01/01/12 01/01/13 AGGREGATE 5 5,444,00 ODIEDX I RETENTiON3 5,0001 [ $ I WORKERS COMPENSATION ) X WC STATU• ,0TH- - IANDEMPLOY£RS'LIABiLrrY I T. A ANY PROPRIEMRIPARTNERIEXECUTIVE Y 1 N 3 X 01 WC27777640 01/01/12 01101113 E.L.EACH ACCIDENT S 504 04 1 OFRCERIMEMBER EXCLUDED? NIA _ (Mandatory in NH) I i E.L.DISEASE-EA EMPLOYEES �QQ,DD J If yes,dBscribe under - —II— - i DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 540,00 D (Professional Llab 1 105594024 i 04/01/11 04101/12 Ech Claim 1,000,00 i Aggregate 1,000,00 1 I 1 I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 901,Additional Remarks Schedule,If more space Is required] This Certificate is for Proposal Purposes Blanket Additional insured Owners, Lessees or Contractors CGD105 04 94 CERTIFICATE HOLDER CANCELLATION CITYCOS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE FHEREOF, NOTICE WILL BE DELIVERED IN City of Corpus Christ[ ACCORDANCE WITH THE POLICY PROVISIONS, Attn Risk Management Post Office Box 9277 AUTHORIZED REPRESENTATIVE Carpus Christ[,TX 78469-9277 Q 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are rnlgred marks of ACORD i COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE BEAD IT CAREFULLY. BLANKET ADDITIONAL INSURED --OWNERS, LESSEES _._. OR CONTRACTORS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION 11) is amended in a written contract for this insurance to to Include as an insured any person or organiza- apply on a primary or contributory basis. tlon (called hereafter "additional insured") whom This insurance does not apply: jl you have agreed in a written contract, executed 3. prior to loss, to name as additional Insured, but a• on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that add!- and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- 2. With respect to the insurance afforded to Addi- sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render a. Limits of Insurance - The following limits of any professional services by or for you, in- cluding: liability apply: 1. The limits which you agreed to provide; t• The preparing, approving or falling to prepare or approve maps, drawings, or opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications, and whichever is less. 2. Supervisory, inspection or engineering �=_ b. This insurance is excess over any valid and services.. y-= collectible insurance unless you have agreed 111 P� Or a off; o� 6� LJ^'^ CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 includes Copyrighted Material from insurance Services Office, Inc, C=!7ss -209- i 23 j a a �QS C� 0 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 pp RR{7 I$ri2+ DATE: 1/30/2012 TO: Ronald L. Olson, City Manager FROM: Debbie Marroquin debbiem@cctexas.co 361-885-6924 Acceptance of Grant Award and authorization to execute agreements for a grant in the amount of$900,000 from the State Energy Conservation Office for a compressed natural gas vehicle project. CAPTION: Item A: Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. Item B: Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project; appropriating $49,000 from the Reserve for Fleet Maintenance Fund No. 5110 and I transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project; and declaring an emergency. f BACKGROUND AND FINDINGS: In the City's efforts to improve air quality, and reduce fuel emissions, the City of Corpus Christi Gas Department has been awarded $100,000 by the State Energy Conservation Office (SEGO) to oversee the conversion of fifteen fleet conversions, five heavy duty and ten light duty vehicles to compressed natural gas (CNG). The conversion cost per heavy duty vehicle is $52,753.15 with a grant award of $10,000. These vehicles are lease purchased. The conversion cost per light duty vehicle is approximately $12,000 with a grant award of $5,000. These vehicles are from the Wastewater, Storm Water and Gas Departments. i Due to timing constraints, the grant application was submitted prior to being reviewed by City Council. ALTERNATIVES: Out of the fifteen designated vehicles, the five heavy duty vehicles would have been purchased to run on CNG without the grant. However, the Wastewater Department would not have realized the savings of$50,000. The ten light duty vehicles would continue to run on gasoline or diesel. -213- OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: City Council approval is required for acceptance of grant and appropriation of grant funds. EMERGENCY INON-EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Legal Department Finance-Federal Grants Office of Management and Budget FINANCIAL IMPACT: Operating Expense Project to Date Fiscal Year: 2011- Expenditures 2012 CIP only) Current Year Future Years TOTALS Line Item Budget $21,000.00 $21,000.00 Encumbered I Expended Amount This item $149,000.00 $149,000.00 BALANCE $170,000.00 $170,000.00 Fund(s): Gas Department Grant ($100,000) Gas Department Operating Budget ($14,000) Storm Water Department Operating Budget ($7,000) Reserve for Fleet Replacement ($49,000) RECOMMENDATION: Approve the agenda item as requested by staff. 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 Oscar R. Martinez, Assistant City Manager -214- Resolution authorizing the City Manager or designee to accept a grant in the amount of $100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. 'BE 1T 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 in the amount of$100,000 from the State Energy Conservation Office for a compressed natural gas vehicle project and to execute all documents necessary to implement the grant. ATTEST: CITY OF CORPUS CHRISTI ! Armando Chapa ,doe Adame City Secretary Mayor APPROVED: February 6, 2012 r i l Eliza t R. Hundiey Assis a t City Attorney for the City Attorney ! EHres304 SECD CNG Conversion Grant rend 20120206 Page 1 of 2 -215- Corpus Christi, Texas day 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 EHres304 SECO CNG Conversion Grant revel 20120206 Page 2 of 2 —216— Ordinance appropriating a grant in the amount of $100,000 from the State Energy Conservation Office in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project, appropriating $49,000 from the Reserve for Fleet Maintenance Fund Now 5110 and transferring and appropriating into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant funding in the amount of$100,000 from the State Energy Conser- vation Office is appropriated in the Gas Grants Fund No. 1053 for a compressed natural gas vehicle project. Additionally, funds in the amount of$49,000 are appropriated from the Reserve for Fleet Maintenance Fund No. 5110 and transferred and appropriated into the Gas Grants Fund No. 1053 as required for the compressed natural gas vehicle project. 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. 1 ATTEST: CITY OF CORPUS CHRISTI . Armando Chapa Joe Adame City Secretary Mayor j APPROVED: February 14, 2012 Elizo6th R. Hundley Assistant City Attorney for the City Attorney EHord352 revd2 SECO CNG Conversion Grant 20120214 Page 1'&2 —217— 1 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 1 at the present meeting of the City Council. Respectfully,i Respectfully, i 1 Joe Adame Mayor i i 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 EHord352 revd2 SECO CNG Conversion Grant 20120214 Page 2 of —218— i 1 If i j i j i 1� 1 24 G� r0 PER 9 X862 AGENDA MEMORANDUM For the City Council Meeting of February 28, 2012 DATE: February 15, 2012 TO: Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoc(@-cctexas.com. 826-3883 Appointments to the City's Tax Increment Reinvestment Zone No.. 3, City of Corpus Christi CAPTION: Motion appointing City of Corpus Christi Board Member Representatives to Corpus Christi Reinvestment Zone No. 3 Board of Directors. ? PURPOSE: To continue the process of developing the TIRZ No. 3 Board, whose purpose is to create a source of revenue for future downtown improvements. i BACKGROUND and FINDINGS: The Corpus Christi City Council held a public hearing on December 9, 2008 on the creation of the Corpus Christi.Reinvestment Zone No. 3 and passed the necessary ordinance on first reading. Second reading of the ordinance was passed by the City Council on December 16, 2008. The next step for the City Council and the other taxing jurisdictions participating in the Reinvestment Zone is to appoint board members of the Zone. The City Council has the authority to appoint ten (10) board members. Each taxing jurisdiction may appoint one (1) member or waive their right to appoint a member. ' ALTERNATIVES: N/A E OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: N/A ❑ Not applicable ❑ Operating Expense o Revenue ❑ CIP Project to Date Expenditures i Fiscal Year: 2011-2012 (C[P only) Current Year Future Years TOTALS Bud et Encumbered I Expended Amount This item j BALANCE j Fund(s): I —221- 1 Comments: CONFORMITY TO CITY POLICY: N/A EMERGENCY 1 NONEMERGENCY: N/A DEPARTMENTAL CLEARANCES: N/A RECOMMENDATION: City. Staff recommends that the Council move forward at the Council meeting of February 28, 2012 to appoint the City board members in order that the Board may meet as soon as possible to continue the process of developing the funding agreements between the taxing jurisdictions, and establishing a board of directors for the _reinvestment zone. The other taxing jurisdictions are being asked to either appoint their representatives or to waive their appointments. Assistant City Manager Rudy Garza is recommending the following appointments: Mayor Joe Adame John Marez Nelda Martinez Priscilla Leal Mark Scott Chris Adler David Loeb Larry Elizondo, Sr. Kelley Allen John Vidaurri (Downtown Management District Rep.) LIST OF SUPPORTING DOCUMENTS: N/A Approvals: N/A -222- 1 1 i 25 O� AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 h d PER 5 1852 DATE: February 13, 2012 TO: Ronald L. Olson, City Mana er FROM: Gustavo Gonzalez, E. gustavogo@cctexas. (361) 826-1874 Construction and Maintenance of a Permanent Water Control Structure on the Rincon Bayou CAPTION: Motion authorizing the City Manager or his designee to execute agreement with Coastal Bend Bays & - Estuaries Program, Inc. for the construction and maintenance of a permanent water control structure on the Rincon Bayou. BACKGROUND AND FINDINGS: The Rincon Bayou was constructed in conjunction with the Rincon Pump Station as part of the agreed order with Texas Natural Resource Conservation Commission titled: Amending 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 The Rincon Bayou and pump station are designed as a conveyance system to deliver up to 3,000 acre-feet per month of required Reservoir System "pass-though". In addition to the construction of these facilities, the City is also responsible for the implementation of an on-going monitoring and assessment program designed to facilitate an "adaptive management" program for freshwater inflows into the Nueces Estuary. The delivery of freshwater inflows to the Rincon Bayou via the City's conveyance system has proven to be ecologically beneficial. To ensure the City maximizes water usage, a temporary water control structure was erected, preventing backflow to the Nueces River. The temporary water control structure needs to be replaced with a permanent structure in order to continue preventing backflow. Coastal Bend Bays & Estuaries Program, i` Inc. has been approved for a grant from the Texas General Land Office — Coastal Management Program for i. the construction of a permanent water control structure. Because the City of Corpus Christi owns the property, CBBEP is required to establish an agreement with the City for the maintenance of the structure. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Not Applicable EMERGENCY INON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: None I —225— FINANCIAL IMPACT: X Not Applicable o Operating Expense ❑ Revenue o CIP Project to Date Fiscal Year: 2011-2012 Expenditures (CIP) Current Year Future Years TOTALS Budget 0 0 0 0 Encumbered f Expended Amount This item BALANCE 0 01 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval. „ LIST OF SUPPORTING DOCUMENT'S: CC Coastal fiend Bays & Estuaries Program Water Control Structure Agreement 12022012 Approvals: Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, P.E,, Assistant City Manager i —226— LICENSE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § - f This License Agreement ("Agreement") is made this day of , 2012, between the City of Corpus Christi ("City"), a Texas home rule municipal corporation, acting through its duly authorized City Manager, Ronald L. Olson, under Article IX, Section 1, Corpus Christi City Charter, and Coastal Bend Bays and Estuaries Program, Inc. ("Permittee"), acting through Ray Allen, Executive Director, its duly authorized a officer. 1. The City is the owner of the following described real property ("Property"): A metes and bounds description of the Property and site map are attached to and incorporated into this agreement as Exhibits A and B. 2. The Permittee desires to use the Property for construction, operation, and maintenance of a water control structure in order to prevent backflow into the Nueces River. i 3. In consideration of the Permittee's construction, operation, and maintenance of a water control structure in order to prevent backflow into the Nueces River, through a grant from the Texas General Land Office— Coastal Management Program, and Permittee's covenants expressed in this Agreement, the City grants Permittee, under the conditions stated in paragraph 4 of this Agreement, the use of the Property, described in Exhibits A and B, for the purposes stated in paragraph 2 of this Agreement, starting on January 1, 2012 and terminating on December 31, 2031. 4. Permittee's use of the property is subject to the following conditions: A. This Agreement may be revoked at any time by the City of Corpus Christi's City Manager, or the City Manager's designee ("City Manager"), giving the Permittee in writing 3 days notice of the revocation of this agreement. B. Permittee may not assign this Agreement without the City Manager's prior written consent. C. Permittee must submit a detailed plans for and a description of its proposed operation and maintenance of the water control structure to the City. D. INDEMNIFICATION. (1) TO THE EXTENT ALLOWED BY TEXAS LAW, PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH) SHALL FULLY INDEMNIFY, SAVE, AND Rincon Delta CBBEP License 2012.docx -227- P HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AGENTS, LICENSEES, AND INVITEES ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. PERMITTEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. (2) EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE-EXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS SUBPARAGRAPH D APPLIES, WITHOUT LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL - MATTERS ARISING OUT OF ANY ACT, OMISSION, EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS (INCLUDING WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. THE TERMS "HAZARDOUS SUBSTANCE" AND "RELEASE" SHALL HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE ENVIONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ("CERCLA"), AS AMENDED, AND THE TERMS "SOLID WASTE" AND "DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED _ IN RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ("RCRA"), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA Rincon Delta CBBB.P License 2012.docx -228- OR RCRA IS AMENDED SQ AS TO BROADEN THE MEANING OF ANY TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH 1S BROADER THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY. (3) IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE PROPERTY, FALL INTO OR OTHER ENTER ANY OF THE CITY'S WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, THE PERMITTEE SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL COSTS INVOLVED WITH BRINGING THE BROADWAY WASTEWATER I TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS. E. Permittee must acquire and maintain commercial general liability insurance pertaining to the use of the Property and the any activities related to the use of the property authorized by this Agreement, in the minimum amounts of insurance shown in Exhibit C, which is the attached to and incorporated into this Agreement. The insurance policies must show the City as a named additional insured. Upon City Manager's written request, Permittee shall provide copies of all insurance policies to the City's Risk Manager. Unless the City's Risk Manager is given 30 days advance written notice, the policies shall be renewed (or replaced with comparable replacement policies) and may not be canceled or materially changed. a - F, Permittee's use of the Property may not interfere with the City's water supply operations, including required releases of fresh water into Nueces Bay and the Nueces River Estuary, Any construction or equipment installed by Permittee must be removed by the Permittee and the Property restored to its original condition, if requested by the City, before this Agreement expires. i Rincon Delta CBBBP License 2412.docx —229— G. If City needs access to the Property, Permittee must pay for removing or relocating any improvements or equipment, to allow access to the Plant or any utility lines for repair, replacement, or maintenance of the utility lines. H. Permittee may not close or barricade a public street, or any portion of the public street until the Permittee or his contractor has filed an approved traffic -_ control plan with City's Traffic.Engineering Office. 1. Permittee must pay to maintain or repair the Property being used at all times, regardless of the type of damage that may occur, within 24 hours of notice of damage to Permittee. Failure to do so terminates this Agreement immediately. J. Permittee must comply with all applicable Federal, State, and local laws and regulations, as may be amended. K. Before digging or doing any excavation on the Property, Permittee must verify 'i depth and location of existing Water, Wastewater, Gas, C.P.& L., and S.W.B.T. lines, as well as ASCI; KMC, CSW, CAPROCK, and Metro Access Networks (MAN), communication fiber optic cables. Prior to the start of any excavation, the Permittee or Permittee's Agent must call the Texas One Call System (1-800-245- 4545), 1-800-DIG-TESS and Lone Star Notification Center (1-800-669-8344) for locations of existing utilities. A City Inspector may request a utility line be uncovered to verify its depth or location. L. Permittee may not begin work without 24 hours prior notice to the C.P.& L, S.W.B.T., Water, Gas, and Wastewater Divisions along with the ESPIRE, KMC, CSW, and CAPROCK, communication fiber optic companies. . N. Permittee must properly tamp backfill around existing utilities in accordance with the City of Corpus Christi Standard Specifications, including City Water Distribution System Standards. 0. If damage occurs to any gas, storm, water or wastewater line, as determined by the City's representative, a City Gas, Water, or Wastewater Division crew will be brought in and allowed immediately to make all repairs. All City's costs (labor and materials) associated with the repairs must be paid by the Permittee within 30 days of City Manager's invoice thereof. City's representatives will determine the extent of damage and amount of repairs to the utility line(s). P. Work around any existing water main must be done under the inspection of a Water Division Inspector at a daily rate of$286.80 for each day spent inspecting construction, maintenance, repair, replacement or relocation of any improvements made to the Property under this Agreement. A half-day (4 hours) or more of work constitutes a whole working day for purpose of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday or Holidays, must be calculated at a daily rate of$53.77 an hour. Permittee must pay these funds to the City of Corpus Christi, Water Department. These amounts will be adjusted annually on August 1 to reflect any pay increase. Rincon Delta CBBEP License 2012.docx —230— Q. Permittee must take every precaution not to disturb the soil surrounding any existing water or wastewater line, including all thrust blocks. R. Damage to driveways, culverts, head walls and any other structure, public or private, must be repaired by the Permittee at his expense within 30 days after being notified of damage to same. S. The Contractor must provide proper safety and security devices to prevent possible injuries or accidents. No open trenches or pits may be left overnight. All trenches must be backfilled promptly, the backfill properly compacted, surface restored, and the work done in a neat and workmanlike manner. NOTE: All references herein to Permittee include Permittee's contractor(s), agent($), and employee(s) if applicable. IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Ronald L. Olson a City Secretary City Manager j APPROVED AS TO LEGAL FORM: ' 13 dayof , 2012 Lisa Aguilar ssistant City Attorney For City Attorney THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2012, by Ronald L. Olson, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public State of Texas Rincon Delta CBBEP License 2012.docx -231- Coastal Bend Bays and Estuaries Program, Inc., the Permittee agrees to keep and perform the conditions and be bound by all of the terms imposed by the License Agreement. Coastal Bend Bays and Estuaries Program, Inc. By: Name: Ray Allen Title: Executive Director THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on - /-� , 2012, by Ray Allen, Executive Director, on behalf of Coastal Bend Bos and Estuaries Program, Inc., a Texas non-profit corporation. : ELIZABETH ANNE HULSE KOTARYF SWSTATE OFTEXAS S 09 25-2013 NotPublic State of Texas Rincon Delta CBBEP License 2012.docx —232— z � � s ' /0Wim-IOv nnH S m r y I I m °O'S1 P'n o V m N p� Q W d V A N h W N O Mul al 0 UO 0 m �o za rn �4 T- low o fag �l�n O A[7 . a° to O �,UITIFr7 C PAPI '0 sn wrn CL Q� @ a � r �v���E�t Mu•�L� •~ a��ne�� 10 a� 17 o + N m �q� ma Ifl � q g n a � ze d o.°s G $7 0o Q4u g° v o �a gro cm ` ,df4 1915�tiSW� 6y�L.t xi; ❑v_ �. E f gm Pyr tAc P uO rr LL a }CL rt m YNN y nv�9 n � N S Oi' 49' sit? Cn� 2v 15, Cn n v 10a •a N04,49'S9'E 147B•49 10.73 AC17a FMIFIC� •c a0 Cb H ,"� soe'o9'iS S •p M' }aee.a9' g pQp �C70' � 8` WmC d417 � 6 iE 11 .+�' Z.S 7 G N � •� J N -• O, yy !f. S N y 3 a C. � o ch oo oa 01 7 0 y N O til O - W O SII 01 fro„ � -233- Exhibit B c,�Lj a. ee STATE OF TEXAS COUNTY Or SAN,PAT1uCI0 16.99 Acre Tract Field notes of a 16.99 acre tract of land,being part a 63.60 acre tract of land conveyed to Thomas E.Finch by deed recorded in Volume 43,Page 372 of the Deed Records of Ban Patricia County,Texas; Said 16.99 acre tract is comprlwA of porion of the Victorian Tares and Pedro Villareal Survey,Abstract 32,is situated in San Patricio County,Texas,approximately 4 miles south of the town of Odem,and is described by metes and bounds as follows: Beginning at a point on the north bank of the Nueoes River,in the south line of an 1432.393 acre tract of land previously surveyed,at the west corner of said 63.60 acre tract,and at an exterior corner of a.19.37 acre tract of land previously surveyed,for the southwest comer of this tract;whence the Nucces 2'riangulation Station(X 2274474.89,Y-82704I.03)bears N 250 13'38"W,a distance of 17,515.55 feet; Thence N 290 39' 15"E along the northwest line of said 63.60 acre tract,the southeast line of said 19.37 acre tract,and the northwest line of this tract,a distance of 281.84 feet to a 518"iron rod with surveyor's cap stamped"RPLS 1907"set for an angle corner of said 63.60 acre tract,an angle c'bmer of said 19.37 acre tract,and an angle corner of this tri ct; Thence N 73°24' 1S"E along the north line of said 63.60 acre tract,the south line of said 19.37 acre tract,and the north line of this tract,a distance of 322.22 feet to a 518"iron rod with surveyor's cap stamped"RPLS 1907"set for an angle corner of said 63.60 acre tract,an angle corner of said 19.37,acre tract,and an angle corner of this tract; Thence N 87°54' l5"E continuing along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract,and the north line of this tract,a distance of 1464.81 feet to a 5/8"iron rod with surveyor's cap stamped"RPLS 1907"set for an angle corner of said 63.60 acre tract,an angle corner of said 19.37 acre tract,and an angle corner of this tract;. Thence S 766 05'55"E continuing along the north line of said 63.60 acre tract, the south line of said 19.37 acre tract,and the north line of this tract,a distance of 340.85 feet to a 3/8"iron rod with surveyor's cap stamped"RPLS 1907"set in the west right-of- way line of the Missouri Pacific Railroad and at the southeast corner of said 19.37 acre tract,for the northeast corner of this tract; Thence S 04°49'59"W along the west right-of-way line of said Missouri Pacific Miroad and the east line of this tract,a distance of 300.02 feet to a 518"iron rod with surveyor's cap stamped`R.PLS 1907"set at the northeast comer of a 36.64 acre tract of land previously surveyed,for the southeast corner of this tract; Thence S 89°45'00 W along the north line of said 36.64 acre tract and the south line of this tract,a distance of 2217.69 foot to the place of beginning,containing 16.99 acres of land,more or less,subject to all easements of record. Bearings and coordinates in this description were determined by a GPS Survey from the Nueces 2 Triangulation Station(X=2274474.89,Y=82704L03)NAD 27 Texas South Tone. Prepared on July 20,2004. :IFilil -234- e EXHIBIT C INSURANCE REQUIREMENTS I. PERMITTEES LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not - allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager,two(2)copies of Certificates 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 blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 1 30 day'written notice of cancellation is required on Bodily Injury and Property Damage all certificates or by policy endorsement Per occurrence- aggregate Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Broad Form 2. Premises—Operations 3. Underground Hazard (if applicable) 4. Products/Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/Advertising Injury 8. AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired and Non-owned Vehicles WHICH COMPLIES WITH THE TEXAS WORKERS' WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH It OF THIS EXHIBIT EMPLOYERS' LIABILITY $500,000 C. In the event of accidents of any kind related to this.agreement, Permittee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. 11. ADDITIONAL REQUIREMENTS A. Permittee 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 235— m' provided must be in amounts sufficient to assure that all workers' compensation obligations` incurred will be promptly met. B. Permittee's financial integrity is of interest to the City;therefore, subject to Permittees right to maintain reasonable deductibles in such amounts as are approved by the City, Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Permittee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or-be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers,and elected representatives . as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; . Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty(30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Permittee's failure to provide and —236— maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Permittee to stop work hereunder, and/or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered underthis agreement. H. It is agreed that Permittee'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. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. CBBEP license agreement ins.req.-Rincon Channel 2-10-12 ep Risk Mgmt. 1 . S i I i i i i -237- 26 muS 0 v AGENDA MEMORANDUM 0 Ass2 4 for the City Council Meeting of February 28, 2012 DATE: February 13, 2012 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, Director of Water Ope do GustavoGo@cctexas.com 381-826-1874 Approval of Amendment No. 1 to the contract between Conrad Blucher Institute and the City of Corpus Christi for the addition of a Watershed Monitoring Program CAPTION: 1 Motion authorizing the City Manager or his designee to execute Amendment No. 1 of the "Rincon Bayou Diversion Project—Salinity and Freshwater Inflow Monitoring" contract with Conrad Blucher Institute (CBl). BACKGROUND AND FINDINGS: In August 2011, the City of Corpus Christi requested a contract with Conrad Blucher Institute (CBI) to plan, develop, undertake, complete, and report the results of a study for ongoing salinity monitoring efforts in the Nueces Estuary consisting of four salinity monitoring stations and one tidal/meteorological station in the Nueces River, Bay, and Rincon Delta. This was necessary to comply with monitoring and data collection required by TCEQ as part of the amendment of the reservoir operating plan to reduce mandatory water releases. The monitoring period for this contract was 12 months, from October 1, 2011 through September 30, 2012. The City is paying a fixed fee not to exceed $92,355 for the services provided by CBI for the aforementioned dates. The City of Corpus Christi Water Department would like to amend the current contract by requesting the introduction of a Watershed Monitoring Program with locations in Nueces River, Oso Creek, and in Corpus Christi. The water level and water quality data acquired from the Watershed Monitoring Program will aid the Water Department in the efficiency of the water treatment process. This will result in monetary savings due to a decrease in costs associated with treatment chemicals. The meteorological data acquired from the program will provide an increased efficiency of water consumption predictions and will also be available for informational use to the public through an interactive Watershed Monitoring website. The website will include real-time data which will be uploaded and available immediately when it is collected. Watershed Monitoring consists of three parts: water quality monitoring, water level monitoring, and meteorological monitoring. Three water quality sites will be located along Nueces River, beginning at.Wesley Seale Dam and ending at the Nueces River Pump Station. Parameters monitored will be turbidity, dissolved oxygen, pH, salinity, and conductivity. Water level monitoring will consist of three sites along Oso Creek within city limits and include a device which measures water level. Meteorological monitoring will consist of 12 sites total using a weather gauge to monitor rainfall amounts, rainfall intensity, wind direction and speed, relative humidity, barometric pressure, and temperature. Three sites will be located along Nueces River adjoined with the water quality monitoring equipment, three sites will be located along Oso Creek adjoined with the water level monitoring equipment, and the remaining 6 sites'will be located on Storm Water properties and Water storage tank properties across the city. The cost of the Watershed Monitoring Program is paid in full by the City of Corpus Christi Water Department in the amount of$224,794.00 for the first year of service. Ongoing costs for recurring years, which -241 — The cost of the Watershed Monitoring Program is paid in full by the City of Corpus Christi Water Department in the amount of$224,794.00 for the firs#year of service. Ongoing costs for recurring years, which will also be paid by the Water Department, amount to an estimated $104,694.00 per additional year. This amount is subject to change as rates increase or decrease. Funding for the first year, which is the 2012 fiscal year, is acquired through the Environmental Studies activities (4010-30220-530000) of the Water Fund. The contractual agreement shall occur from March 1, 2012 to February 28, 2013. Funding for additional years will be acquired through the Water Quality activities (4010-31501-530000) of the Water Fund. ALTERNATIVES: None _ OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for appropriation of funds. EMERGENCY/ NON-EMERGENCY: Non-Emergency - DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue © CIP Project to Date Fiscal.Year: 2011-2012 Expenditures CIP CvrrentYear Future Years TOTALS Budget Encumbered / Expended Amount This item $224,794.00 $224,794.00 BALANCE $224,794.00 $224,794.00 Fund(s): Water Fund Comments: The project construction will take approximately 3 months to start immediately after City approval. Funding for this contract is required annually for a continuous period of time until funding is no longer available or decisions are made to conclude the Watershed Monitoring Program. RECOMMENDATION: City staff recommends the contract amendment between the City of Corpus Christi and Conrad Blucher Institute in the amount of$224,794.00 be approved. Approvals: 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 -242- AMENDMENT No. 1 CITY OF CORPUS CHRIST[ RINCON BAYOU DIVERSION PROJECT- SALINITY AND FRESHWATER INFLOW MONITORING: 2011-2012 CONTRACT FOR SERVICES The City of Corpus Christi,Texas, hereinafter called "City", and the Conrad Blucher Institute (CBl) at Texas A&M University- Corpus Christi, hereinafter called ",CBl", hereby agree as follows: I. SERVICES TO BE PERFORMED . Section I. Services to be performed is amended by the additional services to be performed by CBI as follows: CBI will complete and submit required reports for Nueces River Turbidity Monitoring, Oso Creek Water Level Monitoring and Meteorological Monitoring. [I. SCOPE OF SERVICES Section ll. Scope of Services is amended to include the Scope of Services set forth in Exhibit A-1 of this amendment attached hereto. CBI will complete the additional tasks set forth by Section II.A of this amendment as set forth in the research proposal attached as Exhibit A-1. A. TASKS Section II. A Tasks is amended by the additional set forth herein which CBI will complete under this amendment: Nueces River Water Quality Monitoring CBI will install and maintain water quality stations along the lower Nueces River at the Wesley Seale Dam (-28° 2'32.21"N, 97°52'5.13"W), Nueces River Estates (-27-56'4.71"N, 97°48'8.64"W)and at the Nueces River pump station(-27°52'2.'51"N, 97°37'59.96"W). These stations will consist of a Hach Hydrolab MS5 datasonde, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 1 datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity, air temperature, wind speed, wind 1 direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water Quality stations will provide date to assist the City in more efficiently i treating public water through the. monitoring of the water quality, specifically the turbidity, entering the 0. N. Stevens Water Treatment Plant. Oso Creek Water bevel Monitoring CBI will install and maintain three water level monitoring stations on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca(-27°43'18.26"N, 97027'28.55"W), Weber Rd. near Yorktown Blvd. (-27°41'19.82"N, 97°25'45.36"W) and at Staples St. near Oso Pkwy. (-27°39'24.89"N, 97°24'5.89"W). These stations will consist of a j Campbell Scientific CS-475 radar water level sensor, Vaisala WXT-520 weather ' transmitter, IP modem, Campbell Scientific CR1000 datalogger,and photovoltaic power system and will report water level and/or.stage height, air temperature, wind speed, C.\Users\llloyd1AppData\Locai\microsoftlWindows\Temporary Intern i slContentAutlook\iJCNX7YJ41CBIAmdlContract.doe Page 1 of 5 --1 wind direction, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level stations will assist the City in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring CBI will install and maintain six meteorological stations throughout the City of Corpus Christi at Water Department, Parks and Recreation Department, and Texas A&M University-Corpus Christi properties located at Up River Rd. near Rand Morgan (-27 degrees, 49'55.99"N, 97 degrees, 33'05.10"W), Navigation Blvd-near Agnes (-27 degrees 47'17.31"N, .97 degrees 277.44"W), 'Everhart Rd. and Holly Rd. a (-27°42'19:21"N, 97°23'24.66"W), Ocean Dr. at Texas A&M University-Corpus.Christi (-27 degrees 42'53.93"N, 97 degrees 19'43.41"W), S.P.I.D. at Flour Bluff Dr. (-27 1 degrees 40'31:73"N, 97 degrees 17'43.68"W, Laguna "Shores Rd. near Glenoak Dr. (--2.7°38'2.71"N, 97-17'20.22"W), and at Sand Dollar Ave. near Verdemar Dr. (-27°37'29.50"N, 97°13'11.29"W). These stations will consist of a Vaisala WXT-520 j weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and will report air temperature,wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. i Station Service And Maintenance Nueces River Water Quality Monitoring CBI will make regular site visits will be made to each water quality station every three weeks during which the datasondes will be exchanged to prevent inaccurate data due to biofouling. During the site visit, readings will be recorded from the old datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the new datasonde will be recorded. Independent salinity and turbidity readings will be taken with a refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT-PTUSP will be replaced every two years as recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full inspections will be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Three emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that a damaged station component prevents proper data collection or transmission. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Oso Creek Water Level Monitoring _ The City of Corpus Christi Water Department will conduct regular maintenance to water C:lUsersUlloydlAppDatalLocal\MicrosoHlWindows\Ternporary Inteontent.QutlookkUCNX7YJ41CBIAmdiContract.doc Page 2 of 5 L�F level stations. CBI will make three regular site visits to run levels to each water level j station to ensure accurate data is being'reported. During a leveling site visit, CBI will use a leveling gun to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the water level can be reported from a datum. Leveling site visits in future years will continually monitor and document . any drift in the distance from the fixed point to the water level sensor so that correction f can be made to the data if needed. During leveling site visits, CBI will make a full annual inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. CBI will make up to three emergency site visits to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission.A shortsummary 1 of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitorin The City of Corpus Christi Water Department will conduct regular maintenance of the meteorological stations. CBI will make one site visit to conduct a full annual inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant Will be replaced: CBI will make up to two emergency site visits to repair damaged station components as needed. Emergency visits will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION CBI will create for each real-time environmental monitoring station its own webpage created within the website http://lighthouse.tamucc.edu. A custom computer program, written by staff at CBI, will poll each station every twelve minutes. During a poll, five measurements will be requested from each instrument and averaged. CBI will place the averages on the CBI database and report those on the station webpage. All data stored in the CBI database is publically available on the internet at hftp://Iinhthouse.tamucc.edu and can be retrieved at anytime. CBI staff will perform quality control check (QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted by CBI as a message on each station's webpage. Instrument Calibration CBI will ensure all calibration standards used are NIST traceable, and purchased from a qualified instrument maintenance company. CBI will perform calibration, repairs and equipment replacement as recommended bythe manufacturer or as setforth by Exhibit A-1, C:IUsersVlloyd\AppDatalLocal\MicrosoftlWindowslTemporaryIntern ptli�EContent.OutlooklU�CNX7YJ41CBiAmd4Contractdoc Page 3 of 5 G 7 i i 1 Replacement Parts and Equipment TAMUCC owns and insures the instrumentation and equipment purchased with funds from this project.In the case of damage,TAMUCC will repair or replace instrumentation j as needed to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the City will make funding available for replacement or repair of instruments subject to appropriation. Replacement equipment li will be purchased for this project and kept in inventory until needed. If additional 1 replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the City to replace needed components. Collaborative Monitoring CBI will make data gathered as a result of this amendment available to City and Nueces River Authority and other agencies. This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the City Water Department and the Nueces River Authority (NRA). The CBI will work with staff at the City Water Department and NRA to provide data, information, instructions, etc. that will help them j gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will support those efforts. B. RESEARCH PLAN AND METHODS The specific research plan and methods for this amendment are set forth in the Research Contract Proposal incorporated as Exhibit A-1 of this contract. C. ORDER OF SERVICES The monitoring period of this amendment will be for 12 months, from March 1, 2012 through February 28 2013. i III. FEES AUTHORIZED Section Ill. Fees Authorized is amended to read; The City will pay CBI an additional fixed fee not to exceed$224,794.00 for providing all services included in this amendment during the term of March 1, 2012 through February 28, 2013. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified in Section II of this amendment. Invoices will be submitted to the Director of Engineering Services. Invoices will be submitted no more frequently than once per month for services rendered.All invoices shall be accompanied by a cover letter summarizing project status and the tasks undertaken during the time period covered by the invoice. Invoices will be based on the budget attached as Exhibit B. Invoices will be sequentially numbered for each project, state the project name(Rincon Bayou Diversion Project—Salinity and Fresh Water Inflow Monitoring — 2011-2012), Task (Nueces River Water Quality Monitoring, Oso Creek Water Level Monitoring or Corpus Christi Meteorological Monitoring) and City project number (8443). The letter shall state the number of the current invoice, the total authorized fee,the amount previously invoiced, and the current amount due. Statements will be based upon percent of project completed. However, a final payment of$3,500 will be retained until delivery of the final report. KAEngineering DataExchangelKevinSIGENIWATER18443RINCONgA§- D121CBIAmd9Contract.doc Page 4 of 5 Budget ummary FEES FEES . TOTAL 2011- Amendment 2012 No. 1 Salaries & Benefits . 60,181.00 85,860.00 146,041.0 0 Equipment/Maintenanc 11,350.00 63,640.00 74,990.00 e Travel Pool 7,175.00 5,541.00 12,716.00 Supplies 1,800.00 38,800.00 40,600.00 Other Expenses 14,100.00 14,100.00 Indirect 11 849.00 16 854.00 28,703.00 Total 92,355.00 224,795.00 317,150.0 0 All other terms and conditions of the contract August 30, 2011 approved by Motion No.. 2011-187 between the City and CBI will remain in full force and effect. CITY OF CORPUS CHRISTI TEXAS A&M UNIVERSITY- CORPUS CHRISTI By: r �- Oscar Martinez Date rry Loyd Date Assistant City Manager Principal Investigator AT Autho zed Representative Date City Secretary Date a Dr_Laxfe Clif-enter APPROVED AS TO FORM: I'AwateVP.Research&Demi OfGraduMStdiN a�3/ �-- " Title Assistant Ci Attorney Date RECOMMENDED: I Daniel Biles, P. E. - a Interim Director Engineering Services Gustavo Gonzalez, P.E. D to Director of Water Resources �2$7- KAEngineering DataExchange%KevinS\GENIWATER%RINCON1201 2 121CBAAmd1Contract.doc Page 5 of 5 18 January, 2012 The statements of work covered herein are submitted to the City.of Corpus Christi for consideration.as an amendment to Project No. 8443. The statement of work is intended to support the objectives of the City of Corpus Christi Water Department.(CCWD) and is to be considered as an addition to the work currently being-carried out under Project No.. 8443. These statements will constitute- a fee for services rendered by the Conrad Blucher Institute for Surveying and Science (CBI) at Texas A&M. Uhiverslty Corpus Christ! (TAMUCC). Included is an outline of our scope of work and budget to install and maintain environmental monitoring stations in the Nueces River, Oso Creek and within the City of Corpus Christi. PROPOSED SCOPE OF WORK FOR NUECES RIVER WATER QUALITY,OSO. _ . CREEK WATER LEVEL -AND CITY OF CORPUS CHRISTI METEROLOGICAL MONITORING: 2012-2013 SUMMARY = Twelve real-time environmental monitoring stations in the Nueces River, Oso Creek and the City of. Corpus Christi will be covered under this agreement. Station service includes exchange of water quality datasonde instruments with a freshly calibrated- unit and factory recommended maintenance of water level and meteorological ' monitoring instrumentation. All monitoring stations will report air temperature,' wind speed, wind direction, liquid precipitation, barometric pressure and relative. humidity.-In addition''t6' these parameters, water level stations will report water level aridlor'stage height.and water quality stations will report water temperature, salinity, conductivity, pH, dissolved. -. oxygen and turbidity. All data will be available In graphical and tabular format on CBI's website (htta://Iighthouse.tamucc.edu) within one hour of the time data were collected. This proposal covers installation of stations and maintenance for a period of 1 year. RESEARCH OBJECTIVES Nueces River Water Quality Monitoring Three water quality stations will be installed along the lower Nueces River-at-the Wesley , Seale Dam (-28° 2'32:21"N, 97°52'5.13"W),: Nueces River Estates (�-27.°56'4:71"N, 97048'8,64'W) and at the Nueces River pump.station (-27-52-2.51"N, 97°37'.59.9.6"W): These stations will consist of a Hach Hydrolab M85 datasonde, Valsala WXT 520' weather transmitter, IP modem, Campbell Scientific CR1000 ' datalogger, and photovoltaic power system and will report water temperature, salinity, conductivity, pH, dissolved oxygen, turbidity,. air temperature, wind speed, wind ''direction, liquid precipitation, barometric pressure and relative humidity. The Nueces River Water. Quality stations will assist the CCWD in more efficiently treating public water through Exhib71t A-1 Pae of 5 —248— the monitoring of the water quality, specifically the turbidity, entering the O.N Stevens Water Treatment Plant. - Oso Creek Water Level Monitoring Three water level monitoring stations will be installed on bridges along the Oso Creek at Saratoga Rd. near Calle Cuermavaca (-27°43'18.26"N, 97°27'28.55"W), Weber Rd. near Yorktown Blvd. (-27°41'19.82"N, 97°25'45.36"W) and at Staples St. near Oso Pkwy. (-27°39'24.89"N, 97-24'5.89"W). These stations will consist of a Campbell Scientific CS-475 radar water level sensor, Vaisala WXT-520 weather transmitter, IP modem, Campbell Scientific CR1000 datalogger, and photovoltaic power system and will report water level and/or stage height, air temperature, wind speed, wind direction, liquid precipitation, barometric pressure and relative humidity. The Oso Creek water level stations will assist the CCWD in predicting water consumption rates and provide meteorological information to residents by measuring rainfall and water level. Corpus Christi Meteorological Monitoring CBI will install and maintain six meteorological stations throughout the City of Corpus Christi at Water Department, Parks and Recreation Department, and .Texas A&M University-Corpus Christi properties located at Up River Rd. near Rand Morgan (--27 degrees, 49'55.99"N, 97 degrees, 33'05.10"W), Navigation Blvd. near Agnes (-27 degrees 47'17.31"N, 97 degrees 27'7.44"W), Everhart Rd. and Holly Rd. (-27042'19.21"N, 97°23'24.66"W), Ocean Dr. at Texas A&M University-Corpus Christi (-27 degrees 42'53.93"N, 97 degrees 19'43.41'W), S.P.I.D. at Flour Bluff Dr. (-27 degrees 40'31.73"N, 97 degrees 17'43.68"W, Laguna Shores Rd. near Glenoak Dr. (-27038'2.71"N, 97°17'20.22"W), and at . Sand Dollar Ave. near Verdemar Dr. (-27°37'29.50"N, 97013'11.29"W). These stations will consist of a Vaisala WXT-520 .� weather transmitter, IP modem, Campbell Scientific CR1000 datalogger and a photovoltaic power system and will report air temperature, wind speed, wind direction, liquid precipitation; barometric pressure and relative humidity. STATION SERVICE AND MAINTENANCE Nueces River Water Quality Monitoring Regular site visits will be made to each water quality station every three weeks during which the datasondes will be exchanged to prevent inaccurate data due to blofouling. During the site visit, readings will be recorded from the old datasonde which will then be replaced with a clean, calibrated datasonde after which readings from the new datasonde will be recorded. Independent salinity and turbidity readings will be taken with a refractometer and recorded. Maintenance to the station hardware including cleaning solar panels and replacing damaged components will also be performed during regular site visits as needed. The weather transmitter on all water quality stations will also be cleaned and the component WXT-PTUSP will be replaced every two years as . Exhibit A-1 Page 2 of 5 -249- recommended by the manufacturer. Data from the weather transmitter will be recorded and the air temperature, wind speed and barometric pressure will be measured with an independent instrument and recoded during each site visit. Full inspections will be made annually during a regular site visit during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Three emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that a damaged station component prevents proper data collection or transmission. Scheduled site visits may be delayed due to foul weather, vehicle repair, flood conditions, etc. In the event that a service trip is delayed-, every effort will be made to complete the scheduled site visit as soon as it is safe and feasible. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Oso Creek Water Level Monitoring Regular maintenance to water level stations will be conducted by the CCWD. Three regular site visits have been budgeted by CBI to run levels to each water level station to ensure accurate data is being reported. During a leveling site visit a leveling gun will be used to accurately measure the horizontal and vertical distance between a fixed point and a point on the water level sensor so that the water level can be reported from a datum. Leveling site visits in future years will continually monitor and document any drift in the distance from the fixed point to the water level sensor so that correction can be made to the data if needed. During leveling site visits, a full annual inspection will also be made during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Three emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. Corpus Christi Meteorological Monitoring Regular maintenance to meteorological stations will be conducted by the CCWD. One site visit has been budgeted by CBI to conduct a full annual inspection during which the voltage output of every component on the power system will be checked, pictures of every station component will be taken and the desiccant will be replaced. Two emergency site visits have been budgeted to repair damaged station components as needed and will be used in the event that the damaged component prevents proper data collection or transmission. A short summary of each site visit conducted will be placed on the station's website and publically available at all times. DATA COLLECTION Exhibit A-9 Page 3 of 5 -250- Each real-time environmental monitoring station will have its own webpage created within the website http://Iighthouse.t-amucc.edu. A custom computer program, written by staff at CBI, will poll each station every twelve minutes. During a poll, five measurements will be requested from each instrument and averaged. The averages are then placed into the CBI database and reported on the station webpage. All data stored in the CBI database is publically available on the internet at http://Iighthouse.tamucc_edu and can be retrieved at any time. CBI staff performs a quality control check.(QC) of all real-time data daily. During a QC, the data will be checked for missing transmissions and data anomalies such as readings outside of a feasible range, readings of a constant value, random spikes, etc. Data anomalies, suspect data, missed transmissions and other factors affecting the data will be posted as a message on each station's webpage. INSTRUMENT CALIBRATION Hach Hydrolab MS5 Datasonde Hach Hydrolab MS5s will be serviced and calibrated at a wetlab at TAMUCC. During calibration, the instrument will be placed in a known standard for each parameter and set to match its readings to that standard; all calibration standards used will be NIST traceable. All datasondes brought back from the field will have photographs taken of the sensors to document the amount of blofouiing. The instruments will then be post- calibrated during which the readings for each parameter will be recorded in the same standard in which it was calibrated. The biofouling will then be removed and any maintenance recommended by the manufacturer will be performed. All calibration and post-calibration records will be available on the CBI website { http://lighthouse.tamucc.edu/calib. An annual maintenance agreement with HydrotechZS will be .purchased which will cover repair/refurbishment to damaged 1 components on the instruments and an annual quality check. Documentation from the annual quality check will be retained at CBI and available upon request. Vaisala WXT-520 Weather Transmitter The Vaisala WXT-520 weather transmitter does not require a regular calibration. However, the replacement part WXT-PTUSP contains calibration data and will be replaced every two years as per manufacture recommendation for accurate data collection. Campbell Scientific CS475 Radar Water Level Sensor The Campbell Scientific CS475 Radar Water Level Sensor does not require a regular calibration. However, the sensor will be checked for accuracy during annual inspections and will be sent back to the manufacturer for a quality check if the data provided by the sensor becomes suspect. Exhibit A-1 Page 4 —251— REPLACEMENT PARTS AND EQUIPMENT TAMUCC owns and insures the instrumentation and equipment purchased with funds from this project. In the case of damage, TAMUCC will repair or replace instrumentation as needed,to ensure a continuous data collection record as long as enough funds are available. If not enough funds are available, the 'CCWD will be responsible for replacement or repair of instruments. Replacement equipment will be purchased for this project and kept in inventory until needed. If additional replacement equipment beyond what is kept in inventory is needed, every effort will be made by CBI and the CCWD to replace needed components. COLLABORATATIVE MONITORING This proposed installation and maintenance of environmental monitoring stations will be designed to provide data to support those research efforts currently being done by the CCWD and the Nueces River Authority (NRA). The CBI will work with staff at the CCWD and NRA to provide data, information, instructions, etc. that will help them gather the resources needed to conduct research. Should the need or occasion arise where additional monitoring efforts are required, CBI will be in a position to support those efforts. SCHEDULE OF WORK AND FEE FOR SERVICES The Conrad Blucher Institute for Surveying and Science at Texas A&M University — Corpus Christi hereby agrees for the duration of one year (1 March, 2012 through 28 February, 2013) to perform all services necessary to install and maintain environmental monitoring stations, as described -in this proposal. The budget for 1 March, 2012 through 28 February, 2013 is $224,794 and is enclosed with this proposal. Operation and maintenance invoiceswill be sent on a quarterly basis. The total award amount will be billed in equal, monthly installments over the 12 month period of this contract. Maintenance, repairs and data collection on all environmental monitoring stations in future years will be approximately $105,000, however, this is subject to change as rates increase or decrease. A new proposal will be provided for each year of continuing service before which a more accurate estimate will be submitted. Exhibit A-1 Page 5 of 5 —252— From: 04/22/12 Through: 04/22/13 NAME: Larry Lloyd PROJECT. Nueces River Turbidity Monitoring s" Annual% Total EE Benefit RSONNEL(TAMUCC personnel only) f Effort Hours % Group Ins SWL/Hr Amt Requested in whole dollars I � � NAME I PROD Role j#Months SALARY $ FRINGE$ TOTALS XXXXXXXXXXXXXXXXX i 1 12.0 0.0% 17,20% 421.00 $ $ $ xxxxxxxxxxxxxxme RTI 12.0 0.0% 17.20%1 421.00 14.42 $ - $ $ - XXXXXXXXXXXXXXXXX Accountant 12.0 I 0.0% i - 17.20%1421.00 1 20.93 $ $ $ !ld Technician RTI 12.0 20.0% 1 416.00 I 17.20% 421.00 11.00 $ 4,576 $ 1,797 $ 6,373 xxxxxxxxxxxxxxxxxAD Admin 12.0 0.0% 1 - 17.200/. 421.00 28.98 $ $ $ - 5 eciallst I IT 12.0 5.0% i 104.00 17.20%1 421.00 30.79 $ 3,203 $ 803 $ 4,006 Specialist I IT I 12.0 2.5% 52.00 17.20% 421.00 € 36.12 $ 1,878 $ 449 $ 2,328 Specialist III 1 IT 12.0 5.0% 104.00 17.20% 421.00 23.68 $ 2,463 $ 676 $ 3,139 PM 12.0 0.0% - 17.20% 421.00 24.54 $ - $ - $ - KXXXXXLxxKXMM RTE I 12.0 0.0% 17.20%, 421.00 14.22 $ $ $ RTII 12.0 0.0% 17.20%' 421.00 18.49 i $ - $ - $ - Surve or 12.0 0.0% 17.20%1 421.00 1 39,56 $ $ - $ PI 12.0 0.0% 17.20% 421.00 65.86 $ $ $ KXXXXXXXXXXXXXXXX RTII 12.0 0.0% 17,20% 421.00 21.00 $ $ $ - KXXXXXXXXXXXXXXXX Mechanic 12.0 0.0% 17.200/9 421.00 14.99 $ - $ $ - nci alInvestigator RSII 12.0 20.0% 416.00 17.20% 421.00 22.93 $ 9,540 $ 2,551 $ 12,191 UJLXXXXXXXXXXXM RTII 1 12.0 0.0% 1 17.20% 421.00 18.70 $ $ $ - UmmimxXxxxxxxx RSII 12.0 0.0% 17.200/n 421.00 28.13 $ $ $ KXXXXXXXXXXXXXXXX AD DNR Ops 12.0 0.0% 1 17,20% 421.00 35.74 $ $ - $ - ministrator I Travel Coord 12.0 5.0% 104.00 17.20% 421.00 18.53 $ 1,927 $ 584 $ 2,511 ministrator II RSII 12.0 5.0°/n 104.00 17.20% 421.00 22.46 $ 2,336 $ 654 $ 2,990 Kxxxxxxxxxxxxxxxx IT 12.0 0.0% 17.20% 421.00 1 31.10 $ . - $ - $ - UDWOLMODOLxXxxxx RS11I 12.0 0.0% 17.20% 421.00 34.02 $ - $ $ dent BD Undergradl Student 12.0 5.0% 104.00 2.90% - 10.00 $ 1,040 $ 30 $ 1,070 dent BD Under ad Student 12.0 0.0% 2.90% 7.25 $ - $ $ 00 Student 1 12.0 0.0% 2.90%, - - $ $ - $ 00 Student 12.0 0.01/10 2.900A $ - $ $ - SUBTOTALS 26,9637,645 34,609 AVEL $3,602 PPLIES $10,200 HER EXPENSES $8,000 id Student Tuition&Fee Remission $0 ter $8,000 UIPMENT Items with a unit value a $5000 or reater $18,501 NTRACTUAL $0 Ion-subcontract work 0 subcontract Work 0 ONE W.V-11 100 NSORTIUM COSTS _ ::$:6,741$0 aVF,Ly,� ��-m M rd � 1 F&A COSTS at 25% SW _ c .t' ,, � n... k 4 �t 5' £n'w;� � .� .; �-. .,�.a�ta. aWit,. Exhbit A-1 -253- Page'I of Detailed Budget From: 04/22/12 Through: 04/22/13 I NAME: Larry Lloyd PROJECT: Oso Creek Water Level Monitoring Annual°/a ` TotalI EE Benefit i 3RSONNEL(TAMUCC personnel only) I I Group Ins i SWL/Hr I Amt Requested in whole dollars Effort Hours 1 % i NAME PROJ Role #Months€ I I I SALARY$ FRINGE$ TOTALS I I 12,0 0.0% j i 17.20°/a 421.00 $ I $ $ RTI 12.0 0.0% - 17.20%i 421.00 14.42 $ $ $ OLvJDLXXXXXXXXXXM Accountant 12.0 0,00/0 17,20% 421.00 20.93 $ $ $ aid Technician RTI 12.0 5.8% 120.00 17.20% 421.00 11.00 $ 1,320 $ 519 $ 1,839 AD Admin ! 12.0 0.0% 17.200/0, 421.00 I 28.98 $ - $ - $ - Specialist I I IT 12.0 i 5.0% 104.00 17.20%1 421.00 30.79 I $ 3,203 $ 803 1 $ 41006 Specialist Il IT 12.0 i 2.5% 52,00 17.20%, 421.00 36.12 C $ 1,878 $ 449 $ 2,328 Specialist III ! IT 12.0 5.0% 104.00 17.20% 421.00 23.68 $ 2,463 $ 676 $ 3,139 mXXXXXXXXXXXXXXX PM 12.0 0.0% - 17.200/o: 421.00 24.54 $ $ - $ - RTI 12.00.00/a 17,20% 421.00 14.22 $ $ $ RTII 12.0 0.0% 17.20% 421.00 18.49 1 $ - $ $ rve or Surveyor ! 12.0 1.2% 24.00 17.20% 421.00 1 39.56 $ 949 I $ 222 $ 1,171 XXKXXXXXXXXXXXM PI 12.0 0.0% - 17.200/0 421.00 65.86 $ $ $ - wauxunnmm RTII 12.0 i 0.o% i 17.200/0 421,00 ' 21.00 ' $ I $ - $ XXXXXXXXXXXXXXXXX Mechanic 12,0 0.0% 17.20% 421.00 14.99 $ $ $ inci alInvestigator RSII 12.0 5.8% 120.00 17.20%1 421.00 1 22.93 $ 2,752 $ 765 $ 3,517 XXXXXXXXXXXXXXKXX RTII 12.0 0.0% - 17.20% 421.00 18.70 $ - $ - $ - RSII 12.0 0.00/a ! 17.20% 421.00 1 28.13 $ - $ $ XXXXXXXXXXXXXXXXX AD DNR Ops 12.0 0.0% 17.20% 421.00 35.74 $ $ $ - Iministrator I Travel Coord 12.0 2.5% 52.00 f. 17.20% 421.00 18.53 964 $ 292 $ 1,256 Iministrator Il RSII 12.0 2.5% 1 52.00 17.200/0 421.00 22.46 $ 1,168 $ 327 $ 1,495 IT 12.0 0.0% 17.20% 421.00 31.10 $ $ - $ - XXXXXXXXXXXXXXXXX RSII] 12.0 0,0% - 17.20% 421.00 34.02 $ $ $ - ident BD Under ad Student i 12.0 4.6% 96.00 i 2.90% - 10.00 $ 960 $ 28 $ 988 zdent BD Under rad Student I 12.0 0.0% 2.90%1 7.25 i $ - $ $ .00 Student 12.0 0.0% 2.90% - $ $ $ .00 1 Student 12.0 0.00/a 2.90%1 $ - $ $ SUBTOTALS 74,081 19,737 IAVEL $425 IPPLIES $10,200 rHER EXPENSES $2,000 ad Student Tuition&Fee Remission $0 her $21000 _ IUIPMENT Items with a unit value o $5000 or reater $21,901 INTRACTUAL $0 Non-subcontract work 0 Subcontract Work 0 INSORTIUM COSTS i $0 F&A COSTS at _y�� 25% q SW_ m' $3,914 1; 4' Y ..���' . ''`K1.�1a 'S:_'� --Fay ,[s T�'.? �Ksr,. a -'�` ,' ', SW'a - s - `� 7zbT"`. ' z 'AIM Exhibit A-1 -254- Page 2 of 3 Detailed Budget From: 04/22/12 Through: 04/22/13 NAME: Larry Lloyd PROJECT: Corpus Christi meterological monitoring ? E I Annual% Total EE Benefit' Group Ins SWI Hr Amt Requested in whole dollars RSONNEL(T.4MUCC personnel only) I P / q Effort j Hours k NAME PROJ Role I#Months I I I SALARY$ FRINGE$ TOTALS 12.0 0.0°/a 17.20% 421.40 $ $ - $ XXXXXXXXXXXXXXXX RTI 1 12.0 0.0% 1 17,20%1 421.00 14.42 $ $ $ XXXXXXXXXXXXXXXX Accountant I 12.0 0.0% I 17.200/o421.00 20.93 $ $ $ :!d Technician I RTI i 12.0 10.0% 206.00 17.20%1 421.00 11.00 $ 2,288 $ 899 $ 3,187 XXXXXXXXXXXXXXXX AD Admin i 12.0 0.0% 17.200/6 ,421.00 28.98 $ - $ - $ - 5 tdalistI IT 12,0 10.0% 206.00 17.200/o421.00 30.79 $ 6,405 $ 1,607 $ 8,012 Specialist 11 IT 12.0 5.0% 104.00 17.20% 421.00 36.12 $ 3,757 $ 899 $ 4,656 Specialist III IT 12.0 1 10.0% 206.00 17.20%1 421.00 23.68 $ 4,925 $ 1,352 $ 6,277 PM I 12.0 0.0°/a 17.20% 421.00 24.54 $ $ $ XXXXXXXXXXXXXXXX RTI I 12.0 1 0.0% 17.20%l 421.00 14.22 $ $ $ XXXXXXXXXXXXXXXX RTII 1 12.0 0.0°/a - 17.20D/ol 421,00 18.49 $ - $ - $ XXXXXXXXXXXXXXXXI Surveyor 12,0 1 0.0% 17.20%. 421.00 39.56 $ f $ $ P! 12.0 1 0.0% RTII 12.0 0.0% 17.200M 421.00 21.00 $ $ $ XXXXXXXXXXXXXX XXI Mechanic 12.0 0.0% I - 17.20% 421.00 14.99 $ $ - $ nci alInvestigator 1 RSII 12.0 10.00/o 208.00 17.20% 421.00 22.93 i $ 4,770 $ 1,326 $ 6,096 XXXXXXXXXXXXXXXX RTII 12,0 1 o.o% 17.20% 421.00 18.70 $ $ - $ - RSII 12.0 0.0% 17.20% 421.00 28.13 $ $ $ XXXXXXXXXXXXXXXX AD DNR Ops 12.0 0.0% 17.200/o421.00 35.74 $ - $ - $ - ministrator 1 I Travel Coord 12.0 2.5% 1 52.00 I 17.20% 421.00 18.53 $ 964 $ 292 $ 1,256 ministrator lI RSII 12.0 2.5% 52.00 17.20% 421.00 22.46 $ 1,168 $ 327 $ 1,495 KXXXXXXXXXXXXKXX IT 12,0 0:0°/a 17.20% 421.00 31.10 $ $ - $ - KXXXXXXXXXXXXXXXI RSIII 1210 0.0% - 17.20% 421,00 34.02 $ - $ - $ - ident BD Under ad Student 12.0 2.5% 52.00 2.90% 10.00 $ 520 $ 15 $ 535 dent BD Under rad I Student 12.0 0,0% - 2.90% 7.25 $ - $ $ - 00 I Student 12.0 0.0% 2.90% n $ $ - $ I 00 Student I 12.0 0.0% 2,90% $ $ $ SUBTOTALS 24,797 6,717 31,514 AVEL $1,514 PPLIES $18,400 'HER 13XPENSEI $4,100 ad Student Tuition&Fee Remission $0 her $4,100 j UIPMENT Items with a unit value o $5000 or reater $23,238 NTRACTUAL $0 von-subcontract work 0 1{I� ivbcontract Work E$6,199 li NSORTIUM COSTS $0 F&A COSTS at 25% SW tau 5A� �.��,: Ag i Exhibit A-1 -255- Page 3of3 Detailed Budget i i I� 1 l 27 a i SC o A ��� AGENDA MEMORANDUM for the City Council Meeting of February 28, 2092 DATE: 2/3/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb cctexas.com, 826-3729 l Valerie Gray, Director of Storm Water and Street Operations valerieg0,)cctexas.c0m, 826-1875 Approval of Amendment No. 1 with Rock Engineering &Testing Laboratory, Inc. for the Kostoryz Road Improvements, Phase 1 from Horne to Sunnybrook Road CAPTION: Motion authorizing City Manager, or designee, to execute Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc. in the amount of$107,450.00 for a total not to exceed $256,829.00 for Kostoryz Road Improvements Phase 1 project for additional environmental testing and reporting. I . BACKGROUND AND FINDINGS: The project is located on Kostoryz Road and is in two phases..Phase 1 is located on Kostoryz Road between the south right-of-way limit of Horne Road intersection to the south right-of-way limit of Sunnybrook Road intersection and consists of a four lane arterial roadway, containing two travel lanes in each direction with a middle left approach and turn lane at the Kostoryz and Gollihar intersection. The length of the project is approximately 2,500 linear feet, with an off-site storm water element of approximately 3,500 linear feet that extends from Kostoryz Road (just South of Horne Road) to Center of Brawner Parkway and down Brawner Parkway Ditch to Carroll Lane. Hydrocarbon-impacted soil was encountered by Texas Sterling Construction Company, the City of Corpus Christi's construction contractor, while installing utility lines near the intersection of Kostoryz Road and Sunnybrook Road. Forty-four environmental soil borings to termination depths of approximately 20 feet and analytical testing are proposed to be performed along Kostoryz Road to evaluate the extent of impact along the construction path, characterize soillwaste and to prepare the necessary waste characterization forms and manifests in strict accordance with Texas Commission on Environmental Quality (TCEQ.) requirements. ALTERNATIVES: Discovery was made during construction. There is no alternative to this proposal for purposes future safe and permitted disposal. OTHER CONSIDERATIONS: This project was approved by the voters November 4, 2008 in the Bond Issue 2008 Package under Proposition -259- No. 1 Street Improvements CONFORMITY TO CITY POLICY: Conforms to statutes regarding qualification and selection process; FY2011-12 Capital Budget EMERGENCY INON-EMERGENCY: NIA DEPARTMENTAL CLEARANCES: Streets FINANCIAL IMPACT: CIP Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget $1,705,000.00 $1,236,400.00 $2,941,400.00 Encumbered 1 Expended Amount $12,759,400.00 $12,759,400.00 This item $107,4.50.00 $107,450.00 BALANCE Fund(s): Streets Bond 2008 Comments: This service ensures compliance with Texas Commission on Environmental Quality (TCEQ) reporting requirements. RECOMMENDATION: City Staff recommend the approval of Amendment No. 1 with Rock Engineering and Testing Laboratory, Inc, for additional environmental testing and reporting. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: 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 —260— PROJECT BUDGET KOSTORYZ PHASE 1 AND KOSTORYZ PHASE 2 (CIP 2011-2012) Project No. 6489 & 6490 February 21, 2012 FUNDS AVAILABLE: Street CIP Fund (Bond 2008)............................................................................... . $6 775 000 00 Combined Utilities (2012-2014)............................................................................ $7,302,600.00 Prior Year CIP (2011)..................................................................................I...... . ...... $1,623,200.00 Total Funds Available $15,700,800.00 FUNDS REQUIRED: Construction Contract(Texas Sterling Construction Co.) *.......................................... $10,244,299.50 Total Change Orders ......................................................................................... $269,809.86 Contingency(5%)....................................:...................••..................................... 512,214.98 Consultant Fees: Consultant (Goldston Engineering-a CH2M Hill Company) Basic Svcs$944,055 9.2%........................ 1,534,900.00 Geotechnical Services (Rock Engineering)—.:........................................................ 217000.00 Materials Inspection &Testing (Rock Engineering)*......... .... 149,379.00 Materials Inspection &Testing (Rock Engineering) Amendment No. 1.................... 107,450.00 Other Outside Consultants............... .............. 23,250.00 Reimbursements: Contract Administration (Contract Preparation/Award/Admin)..................................... 281,718.24 Construction Inspection....................................................................................... . 358 550 48 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt)......................................... 358,550.48 FinanceIssuance............................................................................................. 51,221.50 Misc. (Printing, Advertising, etc.)....................................................................:...... . 25,610 75 TOTAL.......................................................................................................... $13,937,954.78 1 ESTIMATED PROJECT BUDGET BALANCE........................................................ $1,762,845.22 *Original Construction Contract&Testing Agreement Awarded by City Council on January 25, 2011. j **Original Contract for Professional Services Awarded by City Council on April 21, 2009. I -261- 1 Fife : \Mpro'ecf\cnuncitexhibifs\exh6489&6490c.dwg '� CoL g Lw �4rR ry61 J a � RD �mMn �e IH37 N d S CORTW E caws F CMUSIY u+alsn RA'f INrCFNdnpHAL a A3RPORI HM � � 5 . s. PROJECTLOCA77ON ucQ.Ouf RD W.nw, v �, Phase 1 — Nome to SWMArock Sr 'r f ai' h �a[M •' �F� Op PROJECTLOCA770M Phase 2 — Sunnybrook to SPID v a, Caro oQ asD r �kta LOCATION MAP NOT TO SME N ALL AREA OF INTEREST l � PROJECT SITE Phase J—Kc%rys Rd Horne to Supybnock With 8rawner Ditch Off—Sits thoinoye PROJECT SITE 1 Phase 2—Ko3tarpr Rd Sunnybrock to SPID AREA OF �� SITE PLAN SITE PLAN NOT TO SCALE NOT TO SC41E PROJECT#6489& 6490 KOSTORYZ ROAD,PHASE i HORNE TO SUNNYBROOK CITY COUNCIL EXHIBIT WITH BRAWNER DITCH OFF-SITE DRAINAGE Cf7Y OF�ORPU�S CNRfSTI, TExAs DEPARTMEN OF E CINEERINC SERVICES &PHASE 2 SUNNYBROOK TO SPIE PAGE; 7 of 1 (BOND ISSUE 2008) -262- P I i 28 �G4 S D aN AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/28/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb@cctexas.com 361-826-3169 Award of a service agreement: Temporary Staffing Services id Invitation — BI-0186-11 CAPTION: Agenda Item: RECOMMENDATION: Motion approving service agreements with the following companies for the following amounts for temporary staffing services, based on lowest responsible bid and multiple progressive awards, in accordance with bid invitation number 13I-0186-11, for an estimated two-year expenditure of $6,988,268.29 of which $1,455,889.23 is required for the remainder of FY 11112. The term of the service agreement is for two years with an option to extend for up to two additional twelve-month periods subject to the approval of the suppliers and the City Manager or his designee. This service will be used by all City departments. Funds are available in the using departments' operating budgets in FY 11112 and will be requested for FY 12/13. Unique Employment Services Absolute Staffing, L.P. Advance'd Temporaries, Inc. Corpus Christi, Texas Corpus Christi, Texas Corpus Christi Texas 26 Line Items 35 Line Items 60 Line Items $1,995,078.42 $1,958,937.44 $1,623,555.95 JAT Partners, LLC 1 DBA Remedy Intelligent Staffing Express Employment Professionals Corpus Christi, Texas Corpus Christi, Texas 19 Line Items 2 Line Items $1,159,110.17 $251,586.30 Grand Total: $6,988,268.29 BACKGROUND AND FINDINGS: Temporary staffing services are essential to the daily operations of City Government. Temporary staffers provide manpower necessary to properly serve the citizens of Corpus Christi. In 2009, the City established three centralized service agreements for the procurement of temporary staffing services. The term of those agreements were two years with the option to extend for up to two additional one- year periods. The City identified this contract as one which had potential cost-savings and decided to re- procure. When compared to the previous contract, there is a savings of 6.52% or$488,350.59 over a 2 year period. j The City has identified a total of one-hundred and forty-two temporary positions that will be placed under -265- 1 { fifteen labor groups: Accounting, Auditing, and f=inance; Administrative Support; Custodial; Engineering & Design; Information Technology; Inspectors & Investigators; Library & Records; Maintenance; Medical & Health; Planning, Research & Statistics; Program Management; Property Management & Purchasing; Public Safety, Safety, and Social Services. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: These service agreements conform to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCYINONWEMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Various City Departments FINANCIAL IMPACT: Operating Expense Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget $4,060,085.08 $5,532,379.07 $9,592,464.15 Encumbered/ Expended Amount 1,997,450.80 0.00 1,997,450.80 This item 1,455,889.23 5,532,379.07 6,988,268.30 BALANCE $606,745.05 0.00 606,745.05 Fund(s): Various Funds Comments: Monies to support this contract will be taken from salary vacancy savings as required. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Award Summary price sheet 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 —266— i CITY OF CORPUS CHRISTI AWARD SUMMARY-BI-0186-11 PURCHASING DIVISION BUYER: ELISA COVINGTON COUNCIL DATE: 02/28/12 UNIQUE EMPLOYMENT SERVICES Cornus Christi,Testas Twenty-six(26)positions awarded. Groups include: Accounting,Auditing,&Finance- 1 $ 1,995,078.42 line items; Administrative Support-5 line items; Custodial- 1 line item;Inspectors& Investigators- I line item;Maintenance- 11 line items;Medical &Health-3 line items;and Program Management- I line item;and Property Management&Purchasing-3 line items. ABSOLUTE STAFFING L.P. Corpus_Christi,Texas Thirty-five(35)positions awarded. Groups include: Accounting,Auditing,&Finance- 1 $ 1,958,937.44 line item;Administrative Support-7 line items; Custodial-4 line items;Library&Records- 1 line item;Maintenance- 1 I line items;Medical&Health-3 line items;Property . Management&Purchasing- I line item;Public Safety- I line item;Safety_2 line items; Social Services-4 line items. ADVANCE'D TEMPORARIES,INC. Corpus Christi,Texas Sixty(60)positions awarded. Groups include: Administrative Support-5 line items; $ 1,623,555.95 Custodial-3 line items;Engineering&Design-7 line items;Information Technology-5 line items;Inspectors&Investigators-2 line items;Library&Records- I line item; Maintenance- 14 line items;Medical&Health-9 line items;Planning,Research& Statistics-4 line items;Program Management-3 line items;Property Management& Purchasing-2 line items;Public Safety-2 line items; Safety- 1 line item;and Social Services -2 line items. JAT PARTNERS LLC,DBA REMEDY INTELLIGENT STAFFING Corpus Christi,Texas Ninteen(19)positions awarded. Groups include: Accounting,Auditing&Finance- I line $ 1,159,110.17 item;Administrative Support-2 line items; Information Technology- 1 line item;Inspectors &Investigators 3 line items;Maintenance-6 line items;Medical&Health-3 line items; Planning,Research&Statistics- I line item;and Safety-2 line items. EXPRESS EMPLOYMENT PROFESSIONALS Corpus Christi,Texas Two(2)positions awarded. Groups include: Custodial- I line item;Planning,Research& $ 251,586.30 Statistics- I Iine item. One-hundred and forty-two line items Grand Total: $ 6.988.268.29 Note-Bids were also received from the following vendors: All Temps Personnel,Corpus Christi,Texas; Adecco, Corpus Christi,Texas;Amer Technology Inc., San Antonio,Texas;Manpower,Corpus Christi,Texas; and Maxim Healthcare Services, Inc. dba Maxim Staffing Solutions, Corpus Christi, Texas. None of the bids received from the bidders were eligible for award as the lowest responsible bid. -267- 1 City Secretary 10020 1020 530070 2012 833.07 } City Attorney 10500 1020 530070 2012 68.86 Accounting Operations 10751 1020 530070 2012 12,699.71 Cash Management 10830 1020 530070 2012 19.51 Central Cashiering 10840 1020 530070 2012 9,796.20 Human Relations 11450 1020 530070 2012 670.87 Police Administration 11700 1020 530070 2012 57.37 Vehicle Pound Operation 11770 1020 530070 .2012 784.59 Police Building Maint& Oper 11870 .1020 530070 2012 29,934.82 Emergency Management 11950 1020 530070 2012 1,999.55 Traffic Engineering 12300 1020 530070 2012 818.81 Traffic Signals 12310 1020 530070 2012 9.50 Asphalt Maintenance 12430 1020 530070 2012 10,971.80 Solid Waste Administration 12500 .1020 530070 2092 13,756.43 JC Elliott Transfer Station 12504 1020 530070 2012 23,270.79 Cefe Valenzuela Landfill Oper 12506 1020 530070 2012 31,612.93 Refuse Collection 12510 1020 530070 2012 11,331.31 Brush Collection 12511 1020 530070 2012 3,700.05 Health Administration 12600 1020 530070 2012 265.98 Health Office Building 12610 1020 530070 2012 17,146.14 TB Clinic-Health Department 12615 1020 530070 2012 663.24 Environmental Health inspect 12640 1020 530070 2012 3,938.13 Animal Control 12680 1020 530070 2012 65,034.61 Low Cost Spay Neuter Clinic 12681 1020 530070 2012 19,889.33 Central Library 12800 1020 530070 2012 1,809.35 Anita &WT Neyland Public Libr 12810 1020 530070 2012 163.37 Dr C P Garcia Public Library 12850 1020 530070 2012 874.05 Park Operations 12910 1020 530070 2012 5,399.44 Tourist District 12915 1020 530070 2012 13,680.05 Beach Operations 12940 1020 530070 2012 12,736.97 Beach Parking Permits 12950 1020 530070 2012 12,392.73 Senior Community Services 13030 1020 530070 2012 14,104.62 Cultural Services 13700 1020 530070 2012 6,801.42 Gas-Engineering Design 34190 1020 530070 2012 454.40 Packery Patrol Operations 12960 1111 530070 2012 32,453.46 -268- -� ACM Public Works, Uti! &Trans 10200 4010 530070 2012 1,472.07 Water administration 30000 4010 530070 2012 53,575.87 Water Geographic Info Systems 30001 4010 530070 2012. 16,446.18 Water Utility Support Svc Grp 30005 4010 530070 2012 2,517.27 Utility Office Cost 30010 4010 530070 2012 93,530.68 Utility Field Operations Cost 30015 4010 530070 2012 56,069.21 Public Education &Communicati 30020 4Q1D 530070 2012 9,681.82 Sunrise Beach 30205 4010 530070 2012 52,529.96 Stevens Filter Plant 31010 4010 530D70 2012 81,937.23 �Water Quality 31501 4010 530070 2012 45,497.38 Maintenance of water meters 31510 4010 530070 2012 475.28 Treated Water Delivery System 31520 4010 530070 2012 85,732.06 Water Utilities Lab 31700 4010 530070 2012 3,442.42 Oil and Gas Well Division 12220 4130 530070 2012 375.35 i Gas administration34000 F�3qO 530070 2012 8,524.47 Service and Operations 34110 41 530070 2012 19,722.22 Gas pressure& measurement 34120 4130 530070 2012 2,112.26 Gas construction 34130 4130 530070 2012 26,893.94 Gas-Engineering Design34190 4130 530070 2012 8,165.00 Wastewater Administration 33000 42DQ 530070 2012 10,757.58 Broadway Wastewater Plant 33100 4200 530070 2412 1,075.76 Oso Wastewater Plant 33110 4200 530070 2012 13,143.23 Greenwood Wastewater Plant 33120 4200 530070 2012 4,500.51 Greenwood Wastewater Plant 331.20 4200 530070 2012 860.61 Allison Wastewater Plant 33130 4200 530070 2012 1,075.76 Laguna Madre Wastewater Plant 33140 4200 530070 2012 7,411.60 Lift Station Operation & Maint 33210 4200 530070 2012 3,227.27 Wastewater Collection System 33400 4200 530070 2012 14,343.44 Storm Water administration 32000 4300 530070 2012 5,283.22 Storm Water Maint&Operations 32010 4300IE 530070 2012 46,989.10 Storm Water Education Svc 32Q3D 4300 530070 2012 5,378.79 Airport Administration 35000 4610 530070 2012 476.92 Airfield 35005 4610 530070 2012 4,126.58 Airport custodia! maint 35020 4610 530070 2012 [::18,786.56 Airport Parking/Transportation 35030 4610 530070 2012 �22,374.20 Airport bldg maintenance 35040 4610 530070 2012 .7,007.40 -269- Land Development 11200 4670 530470 2012 5,630.95 ACM Business Support Svcs 11300 4670 530070 2012 66,194.96 I Administration 11305 :-4670 530070 2012 9,300.86 Comprehensive Planning 11455 4670 530070 2012 7,525.71 Inspections Operations 12201 4670 530070 2012 9,300.86 Purchasing 10900 5010 530070 2012 1,585.70 Warehouse Stores 40000 5010 530070 2012 3,440.11 Mechanical repairs 40100 5110 530070 2012 36,637.27 Service station 40140 J 5110 530070 2012 30,532.99 Parts Room Operation 40180- 5110 JE53DO70 2012 11,275.73 Police/Heavy Equipment Pool 40200 5110 530070 2412 31,146.08 Facility Management& Maint 40300 5110IE 530070 2012 14,757.58 Facility maintenance-City Ha 40310 5110 IE530070 2012 10,972.73 MIS Customer Services 40420 5210 530070 2012 . 21,277.43 Wi 1 Fi-Auto Meter Reading 40430 5210 530070 2012 301.56 MIS operations 40470 5210 530070 2012 111949.47 Connectivity/Hardware Infrastr 40480 5210 530070 2012 56,702.46 MIS-Application Supt-Police/MC 40495 5210 530070 2012 11,970.21 Dir of Engineering Services 11150 5310 530070 2012 10,764.76 Dir of Engineering Services 11150 5310 530070 2012 4,303.03 Major Projects Activity 11160 5310 530070 2012 12,550.51 Survey 11180 5310 530070 2012 4.02 Construction Inspection 11190 5310 530070 2012 6.02 Risk Management 11460 5613 530070 2012 2,510.10 Other Employee Benefits 40610 5614 530070 2012 1,792.93 Juvenile Assessment Center 49002 9010 530070 2012 1,792.93 Total 1,455,889.23 -270- i i 3 I I 29 i 6 so 0 v AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 OUR 00K x852 DATE: February 13, 2012 TO: Ronald L. Olson, City Manager FROM: Gustavo Gonzalez, P.E. Director of Water Operat n gustavogo@cctexas.corn 361.826.1874 Memorandum of Understanding with the Lavaca-Navidad River Authority CAPTION: Motion authorizing the City Manager or designee to execute a Memorandum of Understanding with the Lavaca-Navidad River Authority to develop alternative for the leasing of the Garwood water rights to potential customers which may include the construction of a pipeline and appurtenances to the LNRA facility. BACKGROUND AND FINDINGS: t in 1992,the City of Corpus Christi entered into an option agreement with Garwood Irrigation Company for the purchase of 35,000 acre-feet per year of senior water rights along the Colorado River. The Texas Natural Resource Conservation Commission(the predecessor agency to the Texas Commission on Environmental Quality) officially approved the purchase in 1998. With this purchase,the City of Corpus Christi was permitted to pump water from the Colorado River at a maximum diversion rate of 298 acre-feet per day. The next step in utilizing these water rights is to build the necessary structures and pipeline to transport the water from the Colorado River. Design and construction permitting will be completed by the end of 2013. The timing of construction will depend on the water demands in the Coastal Bend Region, but the original schedule called for construction be completed by 2020. The City of Corpus Christi began discussing this pipeline almost twenty years ago when it entered into the option agreement to purchase the water rights. The Garwood Pipeline is a priority project and is identified in the State Water Plan as a key water supply strategy for the Coastal Bend Region. Current projections on existing requirements show the Coastal Bend Region will need the Garwood water by 2030. Due the drought conditions, the Lavaca Navidad River Authority has curtailed water diversions by 20 percent to all contract customers. This-has placed their industrial customers in a difficult situation. To make up the short fall to Formosa Plastics, the City of Corpus Christ leased 1000 ac-ft in the fall of 2011. Since then LNRA has requested a Memorandum of Understanding to examine the possibility of leasing a portion or all of the Garwood rights to an industrial customer. As such, since the Coastal Bend Regional Water Planning Group Region N has submitted the 2011 plan, it is an opportunity to work through a partnership with the river authorities to develop a business and implementation plan for the next water management strategies and weighing them against metrics such as financial -273- "—AT1° 3„ MINIM �.�0����1�tl�F�'SCS �17Y�?_�►t.f� Iwo - r iPA ` lNC.OMA :1l�tC `done fed d is Rund{ ;: . ;q Carirr���tt�: hitt t . ''i`tl l l tai r a y� 1 rat ar, .nr oo*-rti 4fed 0 pr weixi tj or.=ft"t..0 t r r t f $taoTaw im'n s SPPFOV"f this Rem, tem'oranoum of Vh,cJ rst 4g n?# r o !46h4 b a gar of M on x�� ervc s dd�e'Ho l�h nt=t�r a or of ftlag.'OMOM;aid B-u€#��ti E-_ PIN- 11 � d { .. k, a� Az... - :yx=a n Fri –274— CITY OF CORPUS CHRISTI—LAVACA.NAVIDAD RIVER.AUTHORITY COLORADO RIVER WATER PROJECT MEMORANDUM OF UNDERSTANDING("MOU") 1. PARTIES: City of Corpus Christi("City") and Lavaca Navidad River Authority("LNRA"). 2. PROJECT: Develop alternative proposals for the interim sale of at least 10,000 AF and up to 35,000 AF of Colorado River Water by existing or potential customers of the City and LNRA, which may include the construction of a water supply pipeline and related facilities (Mary Rhodes Phase II Pipeline Project) from a diversion site on the Colorado River near Bay City, Texas to a point on LNRA property where it will connect to the LNRA facilities that service the City's Mary Rhodes pipeline. . 3. MOU INTENT: This MOU is intended as a non-binding expression of the general terms, conditions, and principles upon which a detailed agreement ("Project Agreement") for the lease of water rights or sale of raw water on a term basis, including the construction and operation of necessary infrastructure ("Interim Project"), if the Parties elect to proceed with joint implementation of the City's Mary Rhodes Phase II Pipeline Project. This MOU will also guide the development of the Project until the Project Agreement is signed or until this MOU is terminated. i 4. PURPOSE/SCOPE: During the term of this MOU, the Parties will: a. Determine the feasibility of providing untreated Colorado River water to wholesale and industrial customers, such as Formosa Plastics, within the Colorado-Lavaca Coastal, Navidad River, Lavaca River, and Lavaca-Guadalupe Coastal basins on a term basis not to exceed 40 years. jb. Develop proposed agreements, including a pricing structures, for raw water sales to wholesale and industrial customers, such as Formosa Plastics. The pricing structures should reflect indirect costs for general.overhead, direct capital and operating costs for operation, maintenance,renewal,replacement, and expansion of the Interim Project. c. Address the rights and responsibilities of the Parties related to the design, permitting, construction, financing, phasing, ownership, use, payment, expansion, operation, maintenance, renewal, and replacement of the City's Mary Rhodes Phase II Pipeline Project. j d. Develop various water supply scenarios that would include a combination of water management strategies that would satisfy future demands needs and weigh them against metrics established by a team consisting of not less than three_(3) representatives of the City and three(3)representatives of LNRA. 5. INTERIM COST SHARING: Prior to the effective date of the Project Agreement, costs incurred for the Project will be shared by the Parties on a 50150 basis or in such other proportion i i 1 Final Molt by LNRA Colorado River Water Project —275— as may be agreed. It is anticipated the initial-costs that will be jointly incurred during the period this MOU is in effect will not exceed $100,000. 6. TERMINATION/TERM: The Parties will use best efforts to complete the tasks under item 4 within 60 days of the effective date of this MOU. This MOU may be terminated for convenience by either Party in its sole discretion upon 60 days written notice and payment of any outstanding amounts due from the terminating Party. During the term .of this MOU, the City agrees that if it conducts any independent discussions of the sale or lease of the Colorado River Water with a party other than LNRA, the City will coordinate with LNRA at the outset of any such independent discussions. 7. WATER RIGHTS: Nothing in this MOU or in the Project Agreement will modify, share, transfer, or otherwise affect the pre-existing or future water rights of either Party or the relative water allocation priorities of the Parties during water shortages,which rights are and will remain independent of this MOU. AGREED this day of , 2012 _LL trick BrzozolAska P. E. Ronald L. Olson General Manag r City Manager Lavaca-Navidad River Authority City of Corpus Christi P. O. Box 429 P. O. Box 9277 Edna, Texas 77957 Corpus Christi,Texas 78469-9227 Apprand as to form: &Mguli Assistant City Attorney For City Attorney 2 —276— Final MOU by LNRA Colorado River water Project i P I I� I J 1 , 30 cA.�us c� v ,o ht AGENDA MEMORANDUM x�2 for the City Council Meeting of February 28, 2012 DATE: 2/9/2012 TO: Ronald L. Olson, City Manager FROM: Oscar R. Martinez, Assistant City Manager, oscarmO-cctexas.com, (361)826-3897 Eddie Ortega, Director Neighborhood Services, eddieo cctexas.com, (361)826-3234 .002 John D. Bell, General Counsel to Corpus Christi Housing Finance Corporation Appointing Council Members to the Board of Directors of the Corpus Christi Housing Finance Corporation CAPTION: Motion: Appointing Council Members to the Board of Directors of the Corpus Christi Housing Finance Corporation BACKGROUND AND FINDINGS: The Bylaws of the Corpus Christi Housing Finance Corporation provide that the Directors shall be elected for terms approximately coterminous with the terms of City Council members. Since the Corporation was organized in 1980, the members of the City Council have served as the Board of Directors of the Corporation. ALTERNATIVES: The City Council could appoint other persons to serve as the Board. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed Board appointments conform to City policy. EMERGENCY NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Not Applicable —279— I - - FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Ex ended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that the City Council appoint themselves as the Board of Directors of the Corpus Christi Housing Finance Corporation LIST OF SUPPORTING DOCUMENTS: None Approvals: Alison Logan, Assistant City Attorney Constance R Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management,and Budget Oscar R. Martinez, Assistant City Manager -280- 31 1 t i a 1 AGENDA CORPUS CHRISTI HOUSING FINANCE CORPORATION ANNUAL MEETING Date: Tuesday, February 28,-2012 Time: During the meeting of the City Council beginning at 12:00 p,m. Location: City Council Chambers, Corpus Christi.City Hall 1201 Leopard Street, Corpus Christi, Texas 78401 1. Call meeting to order. 2. Secretary Armando Chapa calls roll. Board of Directors Officers John Marez, President Ronald L. Olson, General Manager [Vacant], Vice President Armando Chapa, Secretary Joe Adame Mary Juarez, Asst. Secretary Chris Adler [Vacant], Treasurer tLarry Elizondo, Sr. Constance P. Sanchez, Asst. Treasurer Priscilla Leal David Loeb Nelda Martinez Mark Scott 3. Approve minutes from the Board meeting on May 10, 2011. 4. Treasurer's Report. 5. Election of Officers: President Secretary Vice President Assistant Secretary Treasurer Assistant Treasurer General Manager i j 6. Consider approval the following resolutions with respect to a new MCC program: i (a) Resolution authorizing the President to file an application for a calendar year 2012 reservation for qualified mortgage bond authority. (b) Resolution concerning an election to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishing the Mortgage Credit Certificate Program, Series 2102. 7. Resolution Authorizing the acquisition of the parking lot and the long-term leasehold interest in the Ward Building from the City of Corpus Christi in consideration of the release of the existing $575,000 promissory note payable to the CCHFC, the payment of approximately $200,000 from the general account of the CCHFC, and execution of a $135,000 promissory note payable to the City within 18 months. 8. Public comment. 9. Adjourn. -283- MINUTES CORPUS CHRISTI HOUSING FINANCE CORPORATION MEETING May 10,2011. 1:42 p.m. PRESENT Board of Directors Officers John Marez,President Ronald L. Olson, General Manager Kevin Kieschnick,Vice President Armando Chapa, Secretary Joe Adame Maty Juarez,Asst. Secretary Chris Adler Vacant, Treasurer Larry Elizondo, Sr. Constance P. Sanchez,Asst. Treasurer Nelda Martinez Mark Scott ABSENT Priscilla Leal President Marez called the meeting to order in the Council Chambers of City Hall at 1:42 p.m. Secretary Chapa verified that a quorum of the Board was present to conduct the meeting and that notice ofthe meeting had been posted. President Marez called for the motion to appoint Ronald L.Olson as General Manager. Ms. Martinez made a motion to approve, seconded by Mr. Elizondo, and passed. President Marez called for the approval ofthe minutes ofthe October 19,2010 meeting. Mr. Elizondo made a motion to.approve the minutes as presented, seconded by Mr. Kieschnick, and passed. President Marez called for the financial report.Assistant Treasurer Constance Sanchez stated that the fiend balance was$605,576 for nine months ended April 30,2011.There were no questions regarding the report. Ms.Adler made a motion to approve,seconded by Mr.Kieschnick,and passed. President Marez opened discussion on Item 6, Resolution authorizing the Execution of Documents in Connection with the Award of Low-Income Housing Tax Credits in the Amount of $1,333,459, Loan Funds in the Amount of$8,350,000 from Sterling Bank, HOME Funds in the Amount of$500,000 from the Texas Department of Housing&Community Affairs,HOME Funds in the Amount of$777,964 from the Corpus Christi Community Improvement Corporation, and Loan Funds in the Amount of$150,000 from Capital Area Housing Finance Corporation for the Costa Tarragona II Project;Authorizing the Execution of an Amended and Restated Agreement of Limited Partnership for Costa Tarragona II,Ltd.In Connection with the Admission of an Affiliate of Raymond James Tax Credit Funds,Inc.as a Limited Partner;Authorizing the General Manager and the President,Vice President,and Secretary of the Corpus Christi Housing Finance Corporation to Take All Necessary Actions in Connection with the Development ofthe Costa Tarragona II Project. There was no discussion. —284— Minutes—CCHFC May 10,2011 Page 2 5. RESOLUTION AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION WITH THE AWARD OF LOW-INCOME HOUSING TAX CREDITS IN THE AMOUNT OF$1,333,459,LOAN FUNDS IN THE AMOUNT OF$8,350,000 FROM STERLING BANK,HOME FUNDS IN THE AMOUNT OF$500,000 FROM THE TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS, HOME FUNDS IN THE AMOUNT OF $777,954 FROM THE CORPUS CHRISTI CON34UNITY M'ROVEMENT CORPORATION, AND LOAN FUNDS IN THE AMOUNT OF $150,000 FROM CAPITAL AREA HOUSING FINANCE CORPORATION FOR THE COSTA TARRAGONA II PROJECT; AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP FOR COSTA TARRAGONA II, LTD, IN CONNECTION WITH THE ADMISSION OF AN AFFILIATE OF RAYMOND JAMES TAX CREDIT FUNDS, INC. AS A LIMITED PARTNER;AUTHORIZING THE GENERAL MANAGER AND THE PRESIDENT,VICE PRESIDENT, AND SECRETARY OF THE CORPUS CHRISTI HOUSING FINANCE. CORPORATION TO TAKE ALL NECESSARY ACTIONS IN CONNECTION WITH ' THE DEVELOPMENT OF THE COSTA TARRAGONA II PROJECT. The foregoing resolution was passed and approved with the following vote: Marez, a Kieschnick,Adame,Elizondo,Adler, and Martinez voting"Aye";and Leal absent. I i Mr.Marez called for public comment. There was none. There being no further business to come before the corporation,President Marez adjourned the meeting at 1:44 p.m. on May 10,2011. 1 —285— Corpus Christi Housing Finance Corporation Balance Sheet January 31, 2012 Assets Current assets: Cash in bank $ 214,161 Advance to General Fund 577,350 Total assets $ 791,511 Liabilities and Fund Balance Fund balance: Undesignated (Restricted) 791,51_1 Total fund balance 791,511 Total liabilities and fund balance $ 791,511 -286- Corpus Christi Housing Finance Corporation Summary of Transactions For Six Months Ended January 31;2012 Fund balance at August 1, 2011 $ 723,296 Revenues: Interest 5 Developer Fee 73.,200 Miscellaneous revenue 780 Total revenues 73,985 Expenditures: Administrative costs 5,770 Total expenditures 5,770 ` Fund balance at January 31, 2012 $ 791,511 i i -287- a muS c� ' xs3 AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/812012 TO: Ronald L. Olson, City Manager FROM: Troy Riggs, Assistant City Manager, tro 'r ,ectexas.com, (361)826-3898 Eddie Ortega, Director Neighborhood Services, eddieo@cctexas.com, (361)828-3234 19:0 John D. Bell, General Counsel to Corpus Christi Housing Finance Corporation Annual Board Meeting of the Corpus Christi Housing Finance Corporation 3 - CAPTION: Annual Board Meeting of the Corpus Christi Housing Finance Corporation BACKGROUND AND FINDINGS: Election of Officers The Bylaws of the Corpus Christi Housing Finance Corporation provide for the following officers: President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer and General Manager. Typically, the President and Vice President have been elected from the Board of Directors. The Bylaws . provide that officers do not have to be Board members, and the remaining positions have been held by the persons on City staff holding the functional equivalent positions as follows: Secretary Armando Chapa Assistant Secretary Mary Juarez Treasurer Margie Rose Assistant Treasurer Constance Sanchez General Manager Ronald L. Olson Mortgacfe Credit Program The Corpus Christi Housing Finance Corporation (CCHFC) has been active in providing mortgage assistance since 1980, which marked the establishment of state law allowing such corporations. In the early 1980's, the CCHFC issued approximately $150,000,000 in single family mortgage revenue bonds. Beginning in 1987, the CCHFC became a trailblazer in offering Mortgage Credit Certificates (MCCs) in Texas in order to assist first- time homebuyers, The Corpus Christi program was the first program in the state, and it was the only program available for several years. Since then, other communities as well as the Texas Department of Housing and Community Affairs (TDHCA) have offered similar programs. A Mortgage Credit Certificate is a federal tax credit that can be issued by the CCHFC once it receives an allocation of federal mortgage bond authority. The MCC authorizes a first-time home buyer to take a federal tax credit on his or her federal income taxes for a portion of the mortgage interest paid on a qualifying home —288— loan. The tax credit is available each year that the Dome buyer occupies the residence. Since the inception'of the MCC program, over $140,000,000 in mortgage assistance has been made available to more than 2,200 first-time home buyers in Corpus Christi through this flax incentive and the efforts of the CCHFC. Since an MCC program is not tied to any particular market interest rates, it does not suffer the same pitfalls that a single-family mortgage bond program faces. Additionally, it does not involve the issuance of any bonds, so the .CCHFC does not have to deal with covering underwriting fees, financial advisor fees or bond counsel fees. In addition to support of first-time homebuyers, the CCHFC also assisted the development of multi-family housing in the 1980's .with several multi-family bond issues and more recently in the development of Costa Tarragona I and 11 at North Padre Island Drive and 1-37. Application for a Calendar Year 2012 Reservation for Qualified Mortgage Bond Authority The most recent allocation the CCHFC received for its MCC program was in 2009 and that program ended December 31, 2011. Throughout the program, almost 100 first-time home buyers were assisted with an average loan amount of$109,000.00. An MCC allows a first-time homebuyer to take a tax credit of up to $2,000 for eve N year that the homebuyer remains in the residence making mortgage payments. We anticipate receiving an allocation of$17,380,128 for a new 2012 MCC program. In order to be competitive with an existing TDHCA issue and to provide the maximum benefit to our first-time home buyers, we are recommending an MCC program that'will provide a 40% MCC for mortgages up to and including $110,000 and a 35% MCC for mortgages over $110,000. This means that a first time home buyer would receive 40% or 35% of the mortgage interest that they paid as a direct tax credit off their federal income tax; however, in no event will they receive more than $2,000 per year. The MCC tax credit does not have to be paid back in installments, although a portion of the MCC tax credit may have to be repaid if the homebuyer sells the residence within 9 years. We would anticipate that the new program will be up and running in 90 days. i In order to have authorization for a new MCC program beginning in 2012,we need to submit an application this year to the Texas Bond Review Board for an allocation of "qualified mortgage bond authority," Under federal law, the CCHFC must receive such an allocation in order to make the election to issue mortgage credit certificates in lieu of qualified mortgage bonds. Once the CCHFC receives an allocation and files its election with the Internal Revenue Service to convert the qualified mortgage bond authority into mortgage credit certificates, we may then begin the new MCC program. j The first attached Resolution is the authorization required by the Texas Bond Review Board as part of its application process for the establishment of a new MCC program. The application process takes a few months to complete, so action is requested in order to obtain the new allocation as early in 2012 as possible so that the new program can be started. The second attached Resolution elects to issue mortgage credit certificates in lieu of single family mortgage revenue bonds and establishes the Mortgage Credit Certificate Program, Series 2012. I Ward Building Redevelopment The last agenda item pertains the acquisition of the Ward Building and parking lot from the City in consideration of the retirement of the $575,000 loan previously made by the CCHFC to the City, the payment of approximately $200,000 from the CCHFC's general account, and a note payable to the City in the amount of $135,000 due within 18 months. The note will be repayable from development fees to be received by the CCHFC in connection with the Costa Tarragona II Project. A new Request for Proposals for the redevelopment of the Ward Building and parking lot will be issued this year in order to seek out potentially new developers or new uses for the property. For more information, refer to the City Council agenda item concerning the Ward Building. —289— ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The proposed Board meeting conforms to City policy EMERGENCY I NON-EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: Not Applicable -290- FINANCIAL IMPACT: Not applicable Project to Date Expenditures Fiscal Year: 2091-2012 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered I Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that the City Council meet as the Board of Directors of the Corpus Christi Housing Finance Corporation to consider the action items on its agenda. LIST OF SUPPORTING DOCUMENTS: Agenda for Annual Meeting of Corpus Christi Housing Finance Corporation Minutes for May 10, 2011, Board Meeting Treasurer's Report Resolution With Respect to an Application for a Calendar Year 2012 Reservation for Qualified Mortgage Bond Authority Resolution Concerning an Election to Issue Mortgage Credit Certificates in Lieu of Single Family Mortgage Revenue Bonds and Establish the Mortgage Credit Certificate Program, Series 2012 Resolution'Authorizing the Purchase of a Parking Lot and the Long-Term Leasehold Interest in the Ward Building Approvals: Alison Logan, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager -291- RESOLUTION f WITH RESPECT TO AN APPLICATION FOR A CALENDAR YEAR 2012 RESERVATION FOR QUALIFIED MORTGAGE BOND AUTHORITY WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the J "Act") for the purpose of assisting and financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons of low or moderate income at prices they can afford; and WHEREAS, the Corporation seeks to apply for a Reservation for mortgage bond authority from the Texas Bond Review Board for calendar year 2012; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE f CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: The Corporation hereby authorizes the President to file. an Application for Reservation for Qualified Mortgage Bond Authority for calendar year 2012 with the Texas Bond Review Board and the General Manager shall be authorized to take such other actions as may be reasonable or necessary to complete the documentation required for such application and commence the Program. PASSED and APPROVED the th day of , 2012. i CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John E.Marez,President ATTEST: By: Armando Chapa, Secretary -292- RESOLUTION CONCERNING AN ELECTION TO ISSUE MORTGAGE CREDIT CERTIFICATES IN LIEU OF SINGLE FAMILY MORTGAGE REVENUE BONDS AND ESTABLISHING THE MORTGAGE CREDIT CERTIFICATE PROGRAM, SERIES 2012 WHEREAS, the Corpus Christi Housing Finance Corporation(the "Corporation") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act") for the purpose of assisting in financing the cost of residential ownership and development that will provide decent, safe and sanitary housing for persons of low and moderate income at prices they can afford; and WHEREAS,the Corporation anticipates receiving a Reservation Certificate from the Texas Bond Review Board authorizing the Corporation to issue up to $17,380,128 in single family mortgage revenue bonds; and WHEREAS, contingent on authorization by the Texas Bond Review Board and pursuant to Section 25 of the Internal Revenue Code of 1986, as amended, the Corporation intends to make a revocable election to issue mortgage credit certificates in lieu of the issuance of single family mortgage revenue bonds in connection with its Mortgage Credit Certificate Program, Series 2012 (the "Program"); and WHEREAS,the Corporation hereby finds and determines that the making of such an election and the issuance of mortgage credit certificates serves the public purposes of the Corporation outlined in the Act and assists persons of low to moderate income in financing the purchase of residences at prices they can afford; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: i Contingent on authorization by the Texas Bond Review Board for the Corporation to issue single family mortgage revenue bonds: 1. The Corporation authorizes its revocable election pursuant to Section 25 of the Internal Revenue Code of 1986, as amended (the "Code") not to issue qualified mortgage bonds during the calendar year 2012, and each of the President and the General Manager of the Corporation is authorized to perforin all matters necessary and do all things required in connection with such election. 2, The Mortgage Credit Certificate Program, Series 2012, is hereby established, and the General Manager is authorized to perform all matters necessary for the implementation of said Program, and all actions taken by or on behalf of the Corporation in connection with the Program are hereby authorized, I ratified, confirmed and approved, and all orders,resolutions, or any actions or parts thereof of the Board of Directors in conflict herewith are hereby expressly repealed. i 1 3. This Resolution shall be in full force and effect from and upon the date of its adoption. 1 DULY PASSED AND ADOPTED this day of ,2012. 1 i CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John E.Marez, President -293- RESOLUTION AUTHORIZING THE PURCHASE OF A PARKING LOT AND THE LONG-TERM LEASEHOLD INTEREST IN THE WARD BUILDING WHEREAS, the Corpus Christi Housing Finance Corporation (the "Corporation") has been duly created and organized pursuant to the provisions of the Texas Housing Finance Corporations Act (the "Act') for the purpose of assisting in the provision of housing options for persons of low and moderate income, including single family residential as well as multi-family rental properties; and WHEREAS, the City of Corpus Christi acquired certain lots in downtown Corpus Christi and the long-term leasehold interest in the Ward Building for the purpose of development of a parking lot primarily to server downtown residents in order to spur the development of downtown rental housing; and WHEREAS; the Corporation loaned $575,000.00 to the City of Corpus Christi to finance a portion of the purchase and development costs of such parking lot; and WHEREAS, the Corporation now desires to acquire the parking lot and the long-term leasehold interest in the Ward Building for the purpose of facilitating the development of such assets in order to promote additional downtown residential development; NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPUS CHRISTI HOUSING FINANCE CORPORATION THAT: 1. The Corporation authorizes the acquisition of the parking lot and the long-term leasehold interest in the Ward Building from the City of Corpus Christi for and in consideration of the release and discharge of the $575,000 note payable to the Corporation together with accrued interest thereon, the execution of a$135,000 promissory note payable to the City of Corpus Christi due within 18 months, and the payment of a remaining balance of approximately $200,000 in order to cover the City's costs in reimbursing the City's CDBG account for expenses incurred in connection with the Ward Building, utilities costs, property taxes, publication expenses and other costs associated with the transfer of such property. 2. The General Manager is authorized to perform all matters necessary for the closing of such transaction, and all actions taken by or on behalf of the Corporation in connection with such transaction are hereby authorized,ratified,confirmed and approved, and all orders,resolutions, or any actions or parts thereof of the Board of Directors in conflict herewith are hereby expressly repealed. 3. This Resolution shall be in full force and effect from and upon the date of its adoption. DULY PASSED AND ADOPTED this day of 2012. CORPUS CHRISTI HOUSING FINANCE CORPORATION By: John E.Marez,President -294- 32 1 I I ' 1 i 1 AGENDA MEMORANDUM I P�J� for the City Council Meeting.of February 28, 2012 DATE: 2/2/2012 TO: Ronald L. Olson, City Manager FROM: Oscar R. Martinez, Assistant City Manager OscarM cctex ss.com (361-826-3189 John D. Bell, General Counsel to Corpus Christi Housing Finance Corporation r g the Transfer of the Parking Lot and the Long-Term Leasehold the Ward Building to the Corpus Christi Housing Finance on and Appropriation of the Necessary Funds to Reimburse the vBG Account CAPTION_: A. Ordinance approving an advance of$135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Bloch Grant Fund of Ward Building expenditures; and declaring an emergency. B. Ordinance appropriating$330,215.82 in 9030 Corpus Christi Housing Finance Corporation Fund to pay for Ward Building expenditures; and declaring an emergency. C. Ordinance appropriating and transferring$578,360.15 from the No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward the FY 2011-2012 Operating Budget adopted by Ordinance Building parking Lot in 2009; changing { No.029155 to increase revenue by $578,360.15; and declaring an emergency. = D. Ordinance approving the transfer of the parking lot and the long-term leasehold interest in the Ward Building generally located on N. Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. BACKGROUND AND FINDINGS: In 2007, the City was approached by the owner of the Nueces Building to provide economic incentives forthe redevelopment of the building into apartments. The building had been used as office space, but occupancy was low due to an overall lack of demand for office space in the downtown area. The City earlier had determined that attracting residential uses to the downtown area would be a key factor to spur downtown development and began working with the owner on the right combination that would facilitate his financing and development of the project. Community Development Block Grant funds were identified as one source of partial funding for the project that would help bridge the gap in conventional financing available. An allocation of$800,000 was made in the 2007-08 fiscal year CDBG program targeted to finance low-income housing units as j part of the project. After further analysis of his pro forma, however, the developer determined that the CDBG funding would not off-set the loss in cash-flow for the project in having a number of the apartments subject.to severely limited rents. -297- The developer had acquired the Ward Building across the street and some adjacent vacant lots in order to develop a gated, covered parking lot to serve the new downtown residents, and lending institutions generally required assurance of adequate off-street parking as a key loan condition.. The original plan was to demolish the Ward Building in order to develop a larger parking lot on the site, but the developer obtained an additional lot across Peoples Street that would provide additional parking spaces. An agreement was negotiated in which the City would acquire the Ward Building and adjacent vacant lots to develop a parking lot primarily to serve downtown residents. The Ward Building would be preserved for future development, and the CDBG allocation was utilized for this purpose instead of providing a direct subsidy into the apartment project. The vacant lots were purchased by the City outright, but the Ward Building and the remainder of the lots on which it is located were subject to a long-term ground lease. Grover Keeton, Sr. had negotiated the lease in the 1980's with a local law firm that was attempting to assemble the entire block for a new office building development, but those plans were scuttled when the entire block could not be acquired successfully. Over 70 years remained on the lease with rent being paid at the rate of$1,000 per month for an initial term scheduled to expire in 2017 with three 22-year option terms available. While the lease terms allow the lessee to maintain, modify or demolish the Ward Building, the Keeton family would receive a steady rental income in lieu of selling the property i outright. In 2009, the City acquired the parking lots and the long-term leasehold interest in the Ward Building for$350,000.00. The terms of the agreement provided for the development of the downtown parking facility primarily to serve downtown residents. Closing that transaction allowed the construction loan for the Nueces Building conversion into apartments to close simultaneously and got that project started. Although the acquisition initially was funded entirely with CDBG funds, HUD later advised the City that only the Ward Building was eligible for CDBG funding. The Corpus Christi Housing Finance Corporation (CCHFC) provided funding in the amount of$575,000.00 in order to reimburse the portion of CDBG funds used to acquire the vacant lots and the parking lot construction and development costs. The terms of the $575,000 loan by the CCHFC required that the parking lot continue to primarily serve downtown residents. As the result of this development, the Nueces Building has been converted into 66 apartments. Prior to its conversion, it was on the property tax roils at a value of$900,000.00 at a rate similar to many other downtown properties. After the conversion, it now is on the tax rolls at over$4 million, and it will help to drive up other property values in the downtown area. The apartments are fully-occupied, a fitness club has located in the first floor space, and the project recently closed its permanent financing. The Nueces Building also is listed on the National Register of Historic Places and serves as a model for how a historic preservation project can be completed in downtown Corpus Christi. In 2009, the City issued a Request for Proposals (RFP) for the adaptive re-use of the Ward Building and adjacent parking lot. The objective is to sell the property to a developer that would assume the operation of the parking lot and redevelop the Ward Building. Two proposals were received, but after many attempts at finding the right terms for development and financing the project, staff has determined that neither proposal would be viable at this time. Two key impediments impact the project: developers cannot find the right mix of uses for the building to make operation feasible on an on-going basis, and the terms of the long-term lease with the Keeton family make the project difficult to finance. City staff has offered various financing terms for a portion of the acquisition costs in attempts to try to make the numbers work, but the renovation costs, debt service, lease obligations and operating costs cannot be successfully addressed under current market conditions. -298- FINANCIAL IMPACT: Operating Expense/ Revenue Project to Date Expenditures Fiscal Year: 2011-2012 CIP only) Current Year Future Years TOTALS Line item Bud et Revenue This item 578,360 BALANCE 578,360 -0- Fund(s): Comments: The $578,360 in revenue to the General fund is for conveyance of the property to the Corpus Christi Housing Finance Corporation for release of the existing loan. RECOMMENDATION: Staff recommends that the City Council authorize the transfer of the Parking Lot and the Long-Term Leasehold Interest in the Ward Building to the Corpus Christi Housing Finance Corporation for a total purchase consideration of release of the$575,000 existing note, approximately$200,000 cash, and a $135,000 note payable to the City due within 18 months, and appropriate the necessary funds to - reimburse the City's CDBG account. LIST OF SUPPORTING DOCUMENTS: Ordinance approving an advance of$135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures; and declaring an emergency. Ordinance appropriating$330,215.82 in 9030 Corpus Christi Housing Finance Corporation Fund to pay for Ward Building expenditures; and declaring an emergency. Ordinance appropriating and transferring$578,360.15 from the No. 9030 Corpus Christi Housing Finance Corporation to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase revenue by $578,360.15; and declaring an emergency. Ordinance approving the transfer of the parking lot and the long-term leasehold interest in the Ward Building generally located on N. Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation. Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager —299— Page 1 of 1 Ordinance approving an advance of$135,000 from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund'No. 9030 Corpus _ Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures; and declaring an emergency. . Be.it.ordained.by the City Council of the City of Corpus Christi, Texas: SECTION 1. That$135,000 is approved as an advance from the Unreserved Fund Balance in the No. 1020 General Fund to the Fund No. 9030 Corpus Christi Housing Finance Corporation for repayment to Fund No. 1059 Community Development Block Grant Fund of Ward Building expenditures. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February 9, 2012 Lisa Aguilar, MsistantcCity Attorney for the City Attorney —300— Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause,of the foregoing ordinance an - emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Vwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, 1 - Joe Adame Mayor i Council Members i The above ordinance was passed by the following vote: i Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott -301- - Page 1 of 1 Ordinance appropriating 330 215.82 in the No. 9030 Cor us Christ!$ � p Housing Finance Corporation Fund to pay for Ward Building expenditures; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That $330,215.82 is appropriated in the No. 9030 Corpus Christi Housing Finance Corporation Fund to pay for Ward Building expenditures. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February 9, 2012 Lisa Aguila`)Assistant City Attorney for the City Attorney —302— F J19f Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas W 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 i 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 R { Respectfully, Respectfully, 1 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 —303— Page 1 of 1 Ordinance appropriating and transferring$578,360.15 from the No. 9030 Corpus Christi Housing Finance Corporation f=und to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009; changing the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 to increase revenues by$578,360.15; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1'. That$578,360.15 is appropriated and transferred from the No. 9030 Corpus Christi Housing Finance Corporation Fund to the No. 1020 General Fund as forgiveness of a loan related to the Ward Building Parking Lot in 2009. SECTION 2. That the FY 2011-2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase revenues by $578,360.15 SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI i . Armando Chaps, City Secretary Joe Adame, Mayor Approved: February 9, 2012 147Lisa Aguil , Assistant City Attorney for the City Attorney -304- 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 i 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 —305— i Y Ordinance approving the transfer of the parking lot and the long-term leasehold interest in the Ward Building generally located on N. Chaparral Street between Schatzel Street and Peoples Street to the Corpus Christi Housing Finance Corporation; and declaring an emergency. Now, therefore, be it ordained by the City Council of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute all documents necessary for the transfer of Lot One (1) and Lot Two (2), Block Eleven (11), Beach Portion of the City of Corpus Christi, Texas, recorded in Volume A, Page '3, Map Records, Nueces County, Texas, together with the leasehold estate pursuant to that Lease Agreement dated June 30, 1983, as amended between Grover C. Keeton a/k/a Grover Cleveland Keeton, as Landlord, and Beach Center Corporation, as Tenant, covering Lots Three (3) and Four (4), Block Eleven (11), Beach Portion of the City of Corpus Christi, Texas, as shown by map of said city recorded in Volume A, Page 3, Map Records of Nueces County, Texas, for the transfer to Corpus Christi Housing Finance Corporation for the consideration of$908,575.97. SECTION 2. That upon written request of the Mayor or five Council Members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: February 8, 2012 Lisa Aguila ssistant City Attorney for the City Attorney -306- 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. i ! Respectfully, Respectfully, f 1 Joe Adame Mayor i 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 —307— I 1� {1! I t 11 1 i f i 33 i i . VMS AGENDA MEMORANDUM for the City Council Meeting of February 28, 2012 DATE: 2/2/2012 TO: Ronald L.Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services Stephen D @ cctexas.com (361) 826-3246 , l PUBLIC HEARING-CHANGE OF ZONING Asset Development Corporation (Case No. 0112-02) } Change from "RS-6" Single-family 6 & "RM-AT" Multifamily Apartment Tourist District to "CR-2" Resort Commercial District- Barrier Island Business i CAPTION: PUBLIC HEARING -ZONING Case No. 0112-02: Asset Development Corporation: The applicant is requesting a change of zoning from the "RS-6" Single-family 6 District & "RM-AT" Multifamily Apartment Tourist District to the "CR-2" Resort Commercial District - Barrier Island Business, resulting in a change of future land use. The property to be rezoned is an 111.65-acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, portion out of Lot 20, Block 41, Lots 7- 14, Block 43, portion out of Lots 6, 8 & 14 and all of Lots 9 - 13, and Block 44, portion out of Lots 1, 2, 6 & 7 and all of Lots 3 - 5, all in Padre island Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive. Planning Commission and Staff's Recommendation Wangary 18, 2012); Approval of the change of zoning to the"CR-2" Resort Commercial District-Barrier Island Business. BACKGROUND AND FINDINGS: • The subject property contains 111.69 acres for the proposed water park and associated lodging and retail facilities. The proposed water park is an expansion of the tourist industry slated for the east portion of North Padre Island. The proposed water park will provide screening and buffering from the existing single-family residential area.to the west. Access to and from the parking lots of the water park will be from South Padre Island Drive (PR 22), a major thoroughfare; from the east; Commodores Drive, a collector,from the north; and Compass Drive, a local street, from the northeast. Commodores Drive and Compass Drive lead out to South Padre Island.Drive and not to the.residential areas to the west. The proposed tallest structure will be approximately 60 feet in height. The closest single-family residential property is approximately 200 feet to the west. Therefore,impact from the structure heights will have minimum impact-on the residential area to the west. It is the applicant's intent to further screen the view from the residential area. K:\LegallSHARED\IEGAL-DEV.SVC512012 Ageada=-28-20121Asset Development Corp,Schlitterbahn102-02-12 Asset Development Corp,Agenda Memo, REVISED by EAM.docx - -311- - City Council Executive Summary Memorandum . Asset Development Corporation(Case No.0112-02) 'age 3 • The change of zoning'request to a "CR-2" Resort Commercial— Barrier Island Business is not consistent with the adopted Future Land Use Plan. However, it is consistent with the tourist industry development trends in this area of Padre Island. A commercial resort use at this location would improve the dynamics of the area by providing opportunities for additional retail uses, restaurants and lodging facilities.' The proposed water park and resort is not anticipated to have a major impact on the existing traffic_volumes. In a study done for the Corpus Christi Metropolitan Planning Organization, the morning peak time was identified to be between 7:15 a.m. and 8:15 a.m. The evening peak times were identified to be between 4: 45 p.m. and 5:45 p.m. The resort plans on opening its doors at 10 a.m. and closing at 8 p.m. Beth of these times do not conflict with the peak times identified by the study. Therefore, at this phase of the proposed development, a Traffic Impact Analysis is not required. However, an analysis may be required with any future expansion of the resort. • This project could also spur a wide diversity of economic and commercial development projects in the area. Staff supports and recommends approval of this request to rezone these properties from "RS-C"& "RM-AT" Districts to the "CR-2" Resort Commercial District—Barrier Island Business. ALTERNATIVES: Denial of the change of zoning to the "CR-2" Resort Commercial District - Barrier Island Business. OTHER CONSIDERATIONS: NIA CONFORMITY TO CiTY POLICY: The Comprehensive Plan and the Mustang-Padre Island Area Development Plan (ADP) slates the subject property for residential, multi-family residential and park uses. The change of zoning request to a "CR-2" Resort Commercial -- Barrier Island Business is not consistent with the adopted Future Land Use Plan. However, it is consistent with the tourist. industrydevelopment trends in this area of Padre Island. A commercial resort use at this location would improve the dynamics of the area by providing opportunities for additional retail uses, restaurants and lodging facilities. EMERGENCY/NON-EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: NIA K.\Legai%SHAREDILBOA1rDEV.SVCSi2012 Agen4a142-28-201MAsset Development Corp,SehHtterhahn102-02-12 Asset Development Corp,Agenda Memo, REVISED by EAM.docx —312— _ j City Council Executive Summary Memorandum ? Asset Development Corporation(Case No.0112-02) ' Page 3 FINANCIAL IMPACT: Not'applicable Project to Date _. . Expenditures Fiscal Year:2011-2012 GIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount ' This item BALANCE f RECOMMENDATION: Planning Commission and Staff's Recommendation (January 18, 2012 : Approval of the change of zoning to the "CR-2"Resort Commercial District- Barrier Island Business. LIST OF SUPPORTING DOCUMENTS: i i • Zoning Report . • Planning Commission Minutes (Excerpt) • Ordinance i Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan,Assistant Director Rudy D. Garza, Interim Assistant City Manager R:1Lopl\SHAREsD1LE(IAL I)EV.SVCS12gt2 Agenda102-28-20121Asset Development Corp,Schlitterbftk02-02.12 Asset Development Corp,Agenda Memo, REVISED by EAM.doex —313— - ZONING REPORT Case No.: 0112-02 Planning Commission Hearing Date: January 18,2012 Applicant: Asset Development Corporation Representative:Urban Engineering q Owner(s): Asset Development, LP , Padre Isles Management Corp., Gabriele Stauder-Hilpold, o Trustee,&Yehude Azoulay and O€er E#isha Legal Description/Location: Being an 111.69-acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A,Block 27B., 3.5 acres out of Lot 1,Block 34, portion out of Lot 20,Block 41,Lots 7- 14,Block 43,portion out of Lots 6, 8 & 14 and all of Lots 9- 13,and Block 44, portion-out of Lots 1, 2, 6 & 7 and all of Lots 3 - 5, all in Padre Island-Corpus Christi Fairway Estates, located.west of South Padre Island Drive (PR 22) and south of Commodores Drive. From: "RS-6"Single Family 6 District&"RM-AT"Multifamily AT District To: "CR-2"Resort Commercial District—Barrier Island Business ' Area: 111:69 Acres Purpose of Request:To allow for the development of water park and associated lodging facilities.. Existing Zoning District Existing Land Use Future Land Use "RS-6"Single Family 6&"RM- Vacant land&golf Low-Density Residential Site AT"Multifamily AT course &Open sace b aNorth "RS-6"Single Family 6&"RM- Vacant land& Low-Density Residential b 3"Multifamily 3 Condominiums & Residential Medium-Density Residential South "RS-6"Single Family 6&"RS- Vacant land&golf Law-Density Residential TF'Two-Family course &opens ace Condominiums,Retail Medium-Density East "RM-3 RM-AT"&"CR-2" centers&Vacant land Residential& .� Commercial Single-family Low-Density Residential West "RS-6"Single Family 6 Residential,Vacant land &Open Space &golf course �j Area Development Plan: The subject property is located within the Mustang Padre Island Area M o Development Plan (ADP) and is planned for continued residential, multi-family residential and .`� •� park uses. The proposed change in zoning to the "CR-2"Resort Commercial District-Barrier Island Business is not consistent with the Mustang Padre ADP or Future Land Use Map. y Map Numbers: 030-025,030-026, 030-027, 029-025,029-026, &029-027 Zoning Violations:None Staff's Summary: • Requested Zoning: The purpose of the request to a "CR-2"Reson Commercial District-Barrier Island Business is to allow for the construction and operation of a water theme park which includes lodging facilities. This park will be the first phase of a multi-phase master plan development. • Transportation and Circulation: The subject property will have direct access to a major arterial, South Padre Island Drive (PR 22), a collector, Commodores Drive, and a local street, Compass Drive. South Padre Island Drive(PR 22)is a major north to south thoroughfare and the predominate traffic carrier for North Padre Island area. Whitecap Boulevard., located south of the subject property, is designated as a"C2"collector but will not have direct access to the subject property. -314- Zoning Report Case t 0112-02,Sehlitterbahn Page 2 Existing ROW and Planned ROW and Urban Trans. Traffic Street Paved Section Paved Section Plan Type Volume South Padre , island Drive 100 R.O.W., 100 100 R.O.W., 100 A2 Arterial 7058 E Park Road 22 paved •paved 6506 W Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would not have a positive implication with regards to smart growth. Although the proposed rezoning is not compliant with the adopted development plans for this area,the request does comply with the long range intentions for the area. The development of the water parr in proximity to the beaches and favorite fishing spots will reduce the amount of long trips from the main land to the island. The proposed development will also allow boat owners to access the park without traversing local roads. • Comprehensive Plan&Mustang-Padre Island Area Development Plan Consistency: The Comprehensive Plan and the Mustang—Padre Island Area Development Plan(ADP)designates the subject property to be developed with single-family residential uses and open space. Even though the proposed change in zoning is not consistent with the ADP or the-Comprehensive Plan, it 1 is consistent with the City's long range intentions of North Padre Island becoming one of the City's tourist attractions. The proposed development is oriented towards the major thoroughfare and buffering from the existing residential area. Plat Status: The subject property consists of various platted lots and portions of other lots. A replat will be , a required prior to the issuance of building permits. Department Comments: • The subject property contains 111,69 acres for the proposed water park and associated lodging and j retail facilities, The proposed water park is an expansion of the tourist industry slated for the east { portion of North Padre Island. The proposed water park will provide screening and buffering from the existing single-family residential area to the west, Access to and from the parking Iots of the ' water park will be from South Padre Island Drive (PR 22), a major thoroughfare, from the east; Commodores Drive, a collector, from the north; and Compass Drive, a local street, from the northeast. Commodores Drive and Compass Drive lead out to South Padre Island Drive and not to the residential areas to the west. The proposed tallest structure will be approximately 60 feet in height. The closest single-family residential property is approximately 200 feet to the west. Therefore, impact from th6 structure heights will have minimum impact on the residential area to the west. It is the applicant's intent to further screen the view from the residential area. —315— i Zoning Report Case#:0112-02,Schlinabahm Page 3 The change of zoning request to a "CR-2" Resort Commercial - Barrier Island Business is not consistent with the adopted Future_ Land Use Plan. However, it is consistent with the tourist industry development trends in this area of Padre Island. A commercial resort use at this location would improve the dynamics of the area by providing opportunities for additional retail uses, restaurants and lodging facilities. The proposed water park and resort is not anticipated to have a major impact on the existing traffic volumes. In a study done for the Corpus Christi Metropolitan Planning Organization, the morning peak time was identified to be between 7:15 a.m. and 8:15 a.m. The evening peak times were identified to be between 4:45 p.m.and 5:45 p.m. The resort plans on opening its doors at 10 a.m.and closing at 8 p.m. Both of these times do not conflict with the peak times identified by the study. Therefore, at this phase of the proposed development, a Traffic Impact Analysis is not required. However, an analysis may be required with any future expansion of the resort. This project could also spur a wide diversity of economic and commercial development projects in the area, Staff supports and fecommends approval of this request to rezone these properties from "RS-6"&"RM-AT"Districts to the"CR-2"Resort Commercial District-Barrier Island Business. Staff Recommendation: Approval of the change of zoning from"RS-6"Single-Family 6 District&"RM-AT"Multifamily AT District to the"CR-2"Resort Commercial District-Barrier Island Business. Number of Notices Mailed Total 150 within 200' notification area; 1 outside notification area a Favor 7 (inside notification area); 0(outside notification area) 9k � P4 (inside notification 0(outside notification area) For 0.004%in opposition as of January I8,2012 Attachments; 1. Site—Existing Zoning,Notice Area,&Ownership K:ILBOAL%SHARRD1LEGALDEV,SVC=012 AMNDAW2-2a-7Al2WSHTDBVSLOPMBNT CORP,SCH11TMRBAHW2-01-2o l2.01 12-M ASSET DEVBIAPMBNTCn", ZONING MORT RBVISM BY BAMMOC -316- C caw COY VAC VAC VAC - VRC VAG YAC We WC lAG HOR VAC VAC VAC VAC IIAc VA VAC VA &T fADH eM COS! cc" GOY VAC VAC VAC YAG C KRAVR VAC MDR ASR caw COp VAC .. VAG GOR we vA v c 126 L$g— c— MRrGR �mT cow cor curt GGw � VA0 e47 � 2r � 3 ■ we � R�1.1!f..'r. �T Ar vAc 70 7f —. . '�' � 26 S4Z � PD pa car 12 T - f20 H3 YA ac vac VA 4- A 18/. .A D- -81.S4AN. K. 1! C f �.Me VAG AG \ �I S'IG Po VAC Bz,f4.5� IM —A t ' f1pTEA C ow VAG V Mlc� W a�YAC �9 y�G SUBJECT � 5T q! G YAC VAG A v A Lo &A;r air NAY, � PROPERTY R Vp VAC I.G VAC - y�q W C JJ, c va OR 76 _ �-�N, c_O.Ngq'ir VA TER R R 437 ' w c vA 74 r�19 ruc - q A A SA VAG A "014411:9 RAOR'R 13,4.AND- SF E AC VA 'ME . DR IWG - RM-•A tnR AGR vac fq .L A �, 'rr R � � 01 VA A _ pi Rd YA l f - Ofl C �i R � NATPR A Vq R VAC R -v I C R A C A IDIi LAC VAC VACVA Lpp LOR VA tOR lAC ORLD LaR F C LO VA LaR Lon VAC C R A R LOO FCR W C am LCR C V rim LOR W i46 YAC WC E VA a t c R.•AD,R'E-MIAN:q SFE H U.N'iT-9 a ��bd A VA p C A VAgbG R ..VA Y.RTER VA VAC C C A C C VA 126r VAC !DR VA W A � VA LOR W RGAP LOR � A ' R A A 19S � VAC C A VA vac ENC ¢1 a vac G F F1'ARBOR SAY R' R C VA VAC VAC -VA FBA VAC VA VAG WC VAC VAC pp�� r + TO Y VA IWC VAG i Y.1c VAE VAC VAC VAC A AOR "V - LO . VAC VAC IWC VAC LA LD DDR C V C LOR{W W e VAC '� COY 'VI { W vac w A �c AR1R vA AaR cow VAG WR 12N3ROf2 LnR v IAe R T AFOR Am c LOW Arepa►ed 8r.JDM 1�CEt VAG MG sow vac vA wc. :pep Ord ofpevelopmerdServices CASE: 0112-02 }}� 1b. SITE- EXISTING LAND USE F Estate Residential Co Lightindustdal aft LDR Low Density Res. F—HQ Heavy lndustrlaf4` SUBJECT ;`, ; PER Wed Density Res. PSP Public Semi-Public 3 Pi4UPEl3TY:, �,,- HDR High Density Res. PK Pam ® Mobile Home DC Drainage Gorrldor VAC Vacant CP Conservation/P►eservation "�17� ,�°, Po Professional Office ® Water ® Commercial N _ Map Scale:1:10000 s Cc7rpus 0CATION M=AP Christi —37 7�- Ordinance amending the Unified Development Code (UDC), upon application of Asset Development Corporation, LP, on behalf of multiple owners, by changing the UDC zoning map in reference to a 111.69 - acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34,. a portion out of Lot 20, Block 41, Lots 7-14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9-13, and Block 44, a portion out of Lots 1, 2, 6 & 7 and all of Lots 3-5, all in Padre Island-Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive, from the "RS-6" Single Family 6 District and "RM-AT" Multifamily Apartment Tourist District to the "CR-2" Resort Commercial District -- Barrier Island Business, 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, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Asset Development Corporation, on behalf of: 1. Padre Isles Management Corporation, owner of 96.6 acres out of Block 27A zoned "RS-6" and 3.5 acres out of Lot 1, Block 27B zoned "RM-AT", in Padre Island-Corpus Christi Island Fairway Estates; 2. Yehuda Azoulay and Ofer Elisha, owners of Lot 7, Block 41, zoned "RM-AT", in Padre Island-Corpus Christi Island Fairway Estates; 3. Gabriele Stauder-Hil old Trustee for The Hil old Affiliated Companies Trust, owners of Lot 11, Block 41, zoned "RM-AT, in Padre Island-Corpus Christi Island Fairway Estates; and 4. Asset Development, LP, owners of a Portion of Block 26 and Portion of Lot 20, Block 34 all zoned "RS-6"; Lots 8, 9, 10, 12, 13, and 14, Block 41 all zoned "RM-AT; Portion of Lots 6, 8, and 14 and all of Lots 9-13, Block 43 and a Portion of Lots 1, 2, 6, and 7, and all of Lots 3-5, Block 44, all zoned "RS-6'; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, January 18, 2012, during a meeting of the Planning Commission, and on Tuesday, February 28, 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. -318- i _I 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 a 111.69 - acre tract of land out of a portion of Block 26, 96.6 acres out of Block 27A, Block 27B, 3.5 acres out of Lot 1, Block 34, a portion out of Lot 20, Block 41, Lots 7-14, Block 43, a portion out of Lots 6, 8 & 14 and all of Lots 9-13, and.Block 44, a portion out of Lots 1, 2, 6 &-7 and all of Lots 3-5, all in Padre Island— sland . Corpus Christi Fairway Estates, located west of South Padre Island Drive (PR 22) and south of Commodores Drive, as requested by Asset Development, LP on behalf of the four respective owners, 1. Padre Isles Management Corporation, 2. Yehuda Azoulay and Ofer Elisha, 3. Gabriele Stauder-Hilpold, Trustee for The Hilpold Affiliated Companies Trust and 4. Asset Development, LP, whose ownership interests are noted heretofore, from the "RS-6" Single Family 6 District and "RM-AT" Multifamily Apartment Tourist District to the "CR-2" Resort Commercial District — Barrier Island Business, (Zoning Maps 030-025, 030-026, 030-027, 029-025, 029-026, and 029-027) (Exhibit A - "Planning Commission and Staff Recommendation"). SECTION 2. That the official UDC Zoning Map of the City of Corpus Christi, Texas, is ' amended to reflect the amendment to the UDC made by Section 1 of this ordinance. SECTION 3. That the UDC and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and 'any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the UDC represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this day of , 2012. K:1LegaRSWAREDILEGAL-DEV.SVCS12012 AgendalSchiitterbahn101-30-12,0112-02 Asset Development Corp,RS-6 and RM-AT to CR-2,Ordinance,PC-Staff Recommend DwBFinal.doc —319— ATTEST- CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This day of , 2092. 9ss borah Walther Browistant City Attorney For City Attorney City Council signatures at next page. K:ILegal\SKAREDILE=GAL-DEV.SVCS12012 Agenda\Schlitterbahn101-30-12,0112-02 Asset Development Corp,RS-6 and RM-AT to CR-2,Ordinance,PC-Staff Recommend DWBFinal.doc —320— 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, City of Corpus Christi i i Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen i Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott i i K:\Legal\SHARED\LEGAL-DEV.SVCS\2012 Agenda\Schlitterbahn\01-30-12,0112-02 Asset Development Corp,RS-6 and RM-AT to CR-2,Ordinance,PC-Staff Recommend DWBFinal.doc —321 — L� r/ 111 � �" ' �� ■i1 OAF SUBJECT PROPthTY PW rr �. ., r ► ,/ ♦ �s�. ♦ TOR1 WATER 'a„�1111 . . ����► ���� �� VIII .� INE win No �.r TOR TOR 111 ~ IN " r m A i t • SUBJECT PRoPERry SIA �1� - r i i f 1 i 34 noAPgQASE AGENDA MEMORANDUM 1852 for the City Council Meeting of February 21, 2012 DATE: February 6, 2012 TO: Ronald L. Olson, City Manager FROM., Margie-C. Rose, Assistant City ManGeneral Government & Operations Support margier@cctexas.com 361-826-3232 UPDATE TO CITY COUNCIL Business Plan Overview ISTAFF PRESENTER(S): Name Title/Position Department 1. Margie C. Rose Assistant City Manager Gen'I Govt. & Operations Support 2. Saundra K. Thaxton Interim Asst. Dir. of Strategic Mgmt. Office of Management& Budget 3. Steve Klepper Strategic Mgmt. & Budget Manager Office of Management & Budget 1 OUTSIDE PRESENTERS i Name Title/Position Organization 1. None i i BACKGROUND : An overview of the Business Plan process, plans, and business monitoring tool will be provided. Approvals: Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -325- - CITY BUSINESS PLANS : Process, Plans & Tool City Council Briefing February ai, zoaz Overview of Discussion Purpose of Business Planning Overview of Process City Business Plans City Council Goals City Manager's Work Plans Departmental Business Plans Overview of Business Plans Business Plan Monitoring Tool Purpose of Business Planning "Plan your work & execute your plan" Aligns mission & priorities Provides : Clarity: defines %%work to be done" Accountability, Accessibility, Transparency Basis for addressing performance issues Drives change Business plan is "living document"' to be amended as needed Facilitates continuous review process Business Plans Drive Budget Budget Process for FY 2012-13 Wednesday, November 09, 2011 AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY City Council Business Planning Resource Planning Goals ♦ r � r Strategic Outcomes Education Develop Budget Public Input Public Hearing Determined _ City Gbuncll' City Council' Council Goal'sBriefings&RetreatBudget Work CM Work Plan mid-yr adjustments. sessions Established financial policy Financial ~ Forecast Beards$. (.d..' .p1lon ublic Headng a Rrepast ion Cnmmiss+ons Ad Allscat on of Department Resources Strategic Goals Business Plans for 1)Stabilize Tax Rata Departments, 2)build Reserves 10.25% Proposed budget Council Goals,& 3)Bond 2012 Preparation CM Work Plan 5)e 10 nrgmenear trlFully F Funded 6)sireet Plan 7)Facility Maintananoa 3)Increase of Revenues 9 Emoovae Compensation 3 Year Forecast Unmet Needs Declslon Pack ages Legend ran�cn InAul [�� /dam"'\,� ✓�+ \♦ � OMlne v xr ❑���_ dd Gdizen\�\ ,tilizan Survey\ Annual Citizen ommunit Citizen6ud oavanlnern I� !�Surrey Field d�� Survey Results Focus w a��d��,Elr• ^r Work ♦ Preliminary,, to�CityC4uncll Groups Form •.` �� ♦Results d �vd ♦ vd City Business Plans Business Plans prepared for: �r2l City Council Goals City Manager's Work Plan Water Department Business Plan Departmental Work Plans F;.uI Y°ac 2011-2072 Pun DO"000OW 7 t.201 t +aa—t w Key Elements: . ...� {1 Defined Departmental Missions & Mission Elements Identified Goals, Strategies, Tasks, Responsible Managers, and milestones to complete Business Plans = A Foundation Business Plans Defined Mission Element Goals III. Mlsslon Element:LW"Wale A. Coal: Timely response to customer-reported problems Strategies Strategy: Cevelcp reporting framework to adjust manpower allocated to meet initial response targets to customer calls for service as needed to meet changing demands for service. Tasks a)Task Review response fimereSuRsfor all mil olcitizen initiated calls h)Task.Alhlslorical panams.dy Season and try tlme,al day CI Task:Identity telwhan pedormance ditl not mast largels and identity root causes 6)Task i lvp labor hour standards for initial responses a)Task::°evelop forecast by month of manpower needs for initial response Responsible Manager/Owner f?T sa ding a shafting requirammns by mmlh l❑meet in"191'9apOnsB goals and adjust sreNklg R' FSTRATEGY: R*WmWbla Manager:Nan LunaGoals DeadlInes & Tasks Dates 7COmpfele: ementsa Ce:urce Requlremenlsnl:3 5Yea r Outlook f M.e l p n e s Thnela: MIIaslonea oars mkmone owl Critical Pinnacle Issues al Review response ea time resuks fa all Wragoof ° ng Nan Luns pawn ini6ateo calla 6l Anali hisloriral patterns.Lyseasan and by Gme-0f- °n-going Kan Luna da Benchmark Organizations 0Demayplabods rhoursparjomancedid notall [vanLuna ter find- root Causes d)9evalup labor Mur standentls fa iniyal responses ITEC 2e11 Nan Lune e}f]evehp rpre�91 by month of manpower needs for jM 2e12 Ivan Luna inkfal res nse Partnerships ,°elarmneerelfingraqulrem�MbymoaC�mmeeL ��,2 �mLens �nih. OUR BUSINESS MONITORING From the Department Perspective CC B—i—,Pl..N..iW,-FY12 ACM DEPARTMENTS MISSION ELEMENTS SOALS STRATE3IES TASKS SUBTASKS COUNCIL 30ALS&WORKPl-AN PR03RESS REPORTS, t,. DepartmentDepartment Dashboard 9 Create Progress Report ®Add Attachment "Dashboard" (Water) Strategy Status Task Status 3° 2� �?ctive 80 COverdiee 65 cnmple e 25 mA&— [� 6f1 Status a Z° N 15 Y 40- a ° Charts '° 20- Active Active Complete Overdue Strategy Status Task Status FLILLREPORT GRID EDIT EMAIL- I PRINT I OTHERS Results 1 to 11(out of 11) Mission Element #of Complete Overdue #of Complete overdue PlanDept.! RCM Number Mission Elements Goals Strabegie Strabegie strategie Strabegie Add Strategy Tasks Tasks Tasks WTR Martinez,Oscar 1 Ma nape raw at, To cost effectively mcetfuture water 3 0 0 Stratacies Add Strategy 12 0 0 supply and storage demands Summary• WTR Martinez,Oscar 1 Manage raw water To ensure an adequate supply of 1 0 0 Stratac Add Strte agy 0 0 0 supply and storage water WTR Martinez,Oscar 2 Treat Water To improve redundancy and process 2 0 0 Stratac Add Strategy 0 0 0 ontrols at the ON Stevens Water Treatment Plant WTR Martinez,Oscar 3 Distribute Water Timely response to customer-reported 1 0 0 Strategies Add strategy 0 0 0 problems Missions & WTR Martinez,Oscar 3 Distribute Water Timely and efficient resolution of all 2 0 0 Strategies Add strategy 0 0 0 work needed to complete work eeded t°resolve customer-reported Goals Problem' WTR Martinez,Oscar 3 Distrih ute Water Maintain critical water distrih ution 2 0 0 Strategies Add strategy 0 0 0 infrastructure In good operating lili condition WTR z,Oscar 3 Distribute ter Timely d accurate billing data for all 0 0 0 trate ie Rdd Strategy OUR BUSINESS MONITORING From the Department Perspective (con"t) Drilling into plan details Strategies ALL WATER STRATEGIES [Modified: Save Save As Revert ] GRID EDIT EMAIL- I PRINT I OTHER- mi—i.. THER-Mis Element 1 Goal Shabegy Responsible Cnmplebe Strategy Dept. ACM # Goal ID strategy ID Manager Due Date Date status Water G oa I s WTR Martinez, 1 TO cost 1 Working within 1 Mark Van 07-31-2012 Active Oscar effectively the structure Vleck meet future of the Texas associated with water Water demands Development Board's State Regional Strategies Water Planning process, identify alternatives to meet future water demands Q WTR Martinez, 1 TO cost 1 Identify 2 Mark Van 05-31-2012 Active Oscar effectively approaches to Vleck meet future fund water water supply demands strategies that willminimize impacts on rate-payers m WTR Martinez, 1 TO cost 1 Ensure 3 Mark Van 11-30-2012 Active Oscar effectively vi ahil ity of Vleck meet future existing water water supplies thru demands watershed Protection plan WTR Martinez, 1 TO ensure an 2 Complete the 1 Mark Van 12-31-2018 Active Oscar adequate Mary Rhodes Vleck supply of Water Supply water Pipeline Phase 2(Garwood Water Supply) (WA16) '®® WTR Martinez, 2 TO improve 1 Electrical 1 Tony Brown 08-31-2013 Active Oscar redundancy distribution and process improvements controls at (WA02)- theON Replaces Stevens aII1950's era Water cal OUR BUSINESS MONITORING From the City Manager Perspective Grouped by Responsible Assistant City Manager Business Plan Monitor ®create Progress Report ®Add File Attachment B Council Goals 1 workplan Elements Matrix Status Charts CM Olson Strategy Status CM Olson Task Status g{I =G.—Rudy 25C �(blank) Marti nez,Gscar Z Garza.Rudy pRiggs,Troy 20° Martinez.C.— Overdue x 60 Rose,Margie O Riggs,Troy m x Rase,Margie Completed 15D � 413 o io° 2s 0 13 en 2fl 5C fl D- -Active Complete Overdue Active Complete Overdue Strategy Status Task Status Depts FULL REPORT I GRID EDIT I EMAIL+ I PRINT I OTHER, Results 1 to 5(cut of 5) Grouped *.f CnmPlebe Overdue C.—Plebe Dverdne Admin Grvup ACM Nam DeparM1nents Strabegies Strabegies Strategies #of Tasks Tasks Tasks b`, Business Support Services Garza,Rudy Departments Y � General Government and Operations Support Rose,Margie Departments ACM ® Public Works,Utilities and Transportation Martinez,Oscar Departments CELA Safety,Health and Neighborhoods Riggs,Troy Departments ®" Legal CM OI on Ron De artmerrt OUR BUSINESS MONITORING From the City Manager Perspective Bottom Portion of CM's dashboard shows Council Goals and CM Workplan Council Goals/CM Workplan FULL REPORT I GRID EDIT I EMAIL+ I PRINT I OTHER- Coal/Element Responsible Mission Council Goal/Workplan Element Type A # ACM Elements Comprehensive Economic Development Plan C 1 Garza, Rudy Mission Elements Utility Master Plan: Storm Water Funding C 2 Martinez, Oscar Mission Source Elements M ELI Utility Master Plan: Mary Rhodes Pipeline C 3 Martinez, Oscar Mission Phase 2 Elements Utility Master Plan: Long-range Water Plan C 4 Martinez, Oscar Mission Elements Utility Master Plan: Long-range Wastewater C 5 Martinez, Oscar Mission Plan Elements y Street Improvement Plan C 6 Martinez, Oscar Mission Elements Schlitterbahn Project W 1 Garza, Rudy Mission Elements Destination Bayfront Project W 2 Martinez, Oscar Mission Elements 2012 Bond Issue W 3 Rose, Margie Mission Elements Increase Code Enforcement Efforts W 4 Riggs,Troy Mission Elements Industrial District Strategy/Negotiations W 5 Mission Elements Create a Facilities Maintenance Plan W 6 Rose, Margie Mission { Us O AGENDA MEMORANDUM O FOR PT for the City Council Meeting of February 21, 2012 zss2 DATE: February 14, 201.2 TO: Ronald L. Olson, City Manager FROM: Oscar Martinez, Assistant City Manager OscarM@cctexas.com f (361)826-3189 i UPDATE TO CITY COUNCIL— Regarding plastic bag initiatives. 1 E STAFF PRESENTER (S): Name Title/Position Department 1. Oscar Martinez Assistant City Manager Executive Offices 2. Lawrence Mikolajczyk Director of Solid Waste Operations Solid Waste Operations 3. Angela Gonzalez Rowe Clean City Coordinator Solid Waste Operations OUTSIDE PRESENTER(S): Name Title/Position Organization BACKGROUND : Staff will present current statistics and overview of plastic bag initiatives-worldwide, nationally and stateside. LIST OF SUPPORTING DOCUMENTS: Powerpoint Approvals: Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -349- - PLASTIC BAG INITIATIVES Corpus Chris,3 Oscar Martinez I Lawrence Mikolaiczyk I Angela Gonzalez I�v Corpus Christi Plastic Film recycles Volumes in our stream Plastic Film is 3.3% of total 185 tons 201 1 Adopt a Beach Clean Up Report Plastic bags are #3 Corpus Christi Global, National,, Stateside Initiatives recycles r � Global: Belgium, Italy, Ireland, Hong Kong National: 42 States Stateside: Brownsville, Ft. Stockton, South Padre Island, Pecos Proposed: Austin, San Antonio, & McAllen Corpus Christi recycles Litter Index Survey- April 2009 Conducted by Clean City Committee to comply with Keep America Beautiful affiliation Primary Sources of Litter/Conclusions: o Pedestrians or cyclists who do not use receptacles o Motorists who do not use car ashtrays or litterbags o Business dumpsters that are improperly covered and allowed to overflow o Loading docks and commercial or recreational marinas with inadequate waste receptacles 1 Construction and demolition sites without tarps and receptacles to contain debris and waste are non- existent o Trucks with unsecured loads on local roads and highways o Household trash scattered before or during collection Corpus Christi Challenges recycles Commodity markets are cyclical Wind blown litter Gumming processing machines, increasing operational expenses At Cefe Valenzuela Landfill- Contractor spends over $1 OOK chasing plastic bags City of Corpus Christi spends $90K a year collecting from roadsides Retailers are having difficulty complying with various ordinances across Texas Increase in costs are past along to fixed income consumers Issues with multiple use consumers Corpus Christi Next Srecycles 13 Online residential survey Q Litter Index Survey Plastic Bag Education Campaign la Plastic Bag Ordinance Discussion U- .: .: ... ,,..:. ,., „�, r. ... ...., ,,. - as ,,., .._ ,n. .,a,ar __ EaE`EY .. ._ ,. _ . .> .. ,., __ F ,... .... 7 c € i II� - n ,:. - :. .. .-..5 .,.,. ... xu. . .�- .. .x:.ql, :s,.Y. . �,..: -::ry .. ..: I .1. :..- .: p.::i ` ::V c .. ,-.,. ,:., .. e, - 9 ,.-... - ' W E .. ... 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