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HomeMy WebLinkAboutAgenda Packet City Council - 04/10/2012 (W&R)�'1...".^ . _ �. �: O�. i�:aT�'i�.�i:f�:�"y'.�Y:.At�'>. Y.�y -�c;.. _ ..eFF.:• fG_.5',Y. • 611% Y• X �ih;�:tib� X:c•ip :':•.': • • 10:30 A.M. — Public notice is hereby given that the City Council will meet in Workshop Session on Tuesday, April 10, 2012 at 10:30 a.m. in the Council Chambers, 1201 Leopard, Corpus Christi, Texas to discuss Street Maintenance Funding Plan — Session Three. 11:45 A.M. Proclamation declaring April 13th, 20th and 27th, 2012 as "Fill- the -Boot for Muscular Dystrophy Association" Proclamation declaring the week of April 8-14, 2012 as "National Public Safety Telecommunications Week" Proclamation declaring the week of April 15 -21, 2012 as "National Volunteer Week" Proclamation declaring the month of April, 2012 as "Jazz Appreciation Month" and Friday, April 13, 2012 as "Jazz Day" Proclamation declaring the month of April, 2012 as "Earth Month 2012" and Saturday, April 21, 2012 as "Earth Day - Bay Day 2012" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 APRIL 10,2012 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 Conclllo y cree que su ingles es limitado, habra un interprete inglas- esparlol en todas las juntas del Concilio pars 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 Chuck Goodwin, Fish for Life Ministries. 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 Tenn David Loeb Council Members: Chris N. Adler Kelley Alien Larry Eiizondo, Sr. Priscilla Leal John Marez Nelda Martinez Mark Scott City Manager Ronald L Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting April 10, 2012 Page 2 E. MINUTES: 1. Approval of Workshop and Regular Meetings of March 27, 2012. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. * Arts and Cultural Commission * Board of Adjustment * Landmark Commission * Water Resources Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) 3. Approval of lease purchase of street repair equipment Motion approving the lease purchase of two Bomag Tandem Vibratory Rollers from Anderson Machinery, of Manor, Texas for a total amount of $196,960.00 of which $10,551.81 is required Agenda Regular Council Meeting April 10, 2012 Page 3 for FY201112012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). The equipment will be used by the City's Street Department. All units are replacements to the fleet. Funds for the lease purchase of the Rollers will be provided by the City's lease /purchase financing program. (Attachment #3) 4. Acceptance of extension from State for Women, Infant, and Children pc) program a. Resolution authorizing the City Manager or designee to accept a six -month grant extension from the Texas Department of State Health Services (TDHS) for the Women, Infants and Children (WIC) Program for April 1, 2012 — September 30, 2012, and to execute all related documents. (Attachment #4) b. Ordinance appropriating a grant amendment in the amount of $500,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants and Children Program resulting from an extension of the term of the grant agreement. (Attachment #4) 5. Approval of agreement for future improvements to Williams Drive Resolution authorizing the City Manager or designee to execute an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive with the City's participation in the amount of $8,562. (Bond Issue 2008) (Attachment #5) 6. Approval of temporary street closures for Texas International Boat Show Motion approving the temporary street closures of the Peoples Street T -Head and the northbound lanes of Shoreline Boulevard (including medians) from the north curb line of Schatzell Street to the south right -of -way of Taylor Street, beginning at 6:00 a.m. Agenda Regular Council Meeting April 10, 2012 Page 4 on Monday, April 16, 2012 and ending at 6:00 p.m. on Monday, April 23, 2012, for the Texas International Boat Show. (Attachment #6) 7. Approval of temporary street closures for 2012 Buc Days Motion approving the temporary street closure applications from the Buccaneer Commission for the 2012 Buc Days events to begin on April 13, 2012 through May 5, 2012. The following street closures will be required for the festivities: (Attachment #7) BBQ Challenge and Rodeo Truck Trailer Parking - beginning April 15, 2012 at 8 :00 a.m. through April 23, 2012 at 12:00 a.m.: • Street closure of North Broadway Street between Fitzgerald Street and Brewster Street • Street closure of Fitzgerald Street between North Broadway Street and Mesquite Street • Street closure of Resaca Street between Chaparral Street and Shoreline Boulevard • Street closure of southbound Shoreline Boulevard between Resaca Street and the South Texas Art Museum Carnival - beginning April 23, 2012 at 6:00 p.m. through May 7, 2012 at 9:00 a.m.: • Street closure of southbound Shoreline Boulevard between Kinney Street and Park Street • Street closure of Kinney Street between south and northbound Shoreline Boulevard • Street closure of Born Street between Water Street and southbound Shoreline Boulevard • Street closure of Broadway Court between Water Street and southbound Shoreline Boulevard • Street closure of Park Avenue south and northbound Shoreline Boulevard Agenda Regular Council Meeting April 10, 2012 Page 5 8. Approval of professional services contract with HDR Engineering for bayfront seawall maintenance and repairs a. Ordinance amending the FY2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894. (Attachment #8) b. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with HDR Engineering, of Corpus Christi, Texas in the amount of $150,894 for the Bayfront Seawall Repairs. (Attachment #8) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that tile City Council specifically expects to go into executive session on the following matters. In the event the Council elects 'to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. • Executive session pursuant to Section 551.074 of the Texas Government Code to deliberate the appointment, employment, duties of Part Time Municipal Court Judge with possible discussion and action in open session. • Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. Agenda Regular Council Meeting April 10, 2012 Page 6 J. PUBLIC HEARINGS: ZONING CASES: 9. Zoning change from property located at 7546 Slough Road from residential to residential on Tract 1 and residential to cottage housing on Tract 2 Case No. 0212 -01, Urban Engineering: The applicant is requesting a change of zoning from the "RS -6" Single- family 6 District to the "RS -4.5) Single- family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future- land use. The property to be rezoned is described as Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road. 26). (Item postponed for two weeks on March 27, 2012) (Attachment #9) Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2. ORDINANCE Amending the Unified Development Code (UDC) upon application by Urban Engineering on behalf of Brooke Tract, LP, Owner, by changing the UDC zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30, and 31, from the "RS -6" Single - family 6 District to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. 10. Zoning change from property located at 6009 Holly Road from commercial to residential Case No. 0212 -03, Encore Multi - Family, LLC.: The applicant is requesting a change of zoning from "CG -1" General Commercial District to "RM -2" Multi - family 2 District, resulting in a change of future land use from commercial to medium density residential. The property to be rezoned is 6.80 acres out of Lots 5 -C and 5- D, Lokey Subdivision and Lot 6, Section 12, Flour Bluff and Agenda Regular Council Meeting April 10, 2012 Page 7 Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. (Attachment #10) Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "RM -2" Multi - family 2 District. ORDINANCE Amending the Unified Development Code (UDC) upon application by Encore Multi- Family, LLC on behalf of Paramount Elite Development, LLC, • Owner by changing the UDC zoning map in reference to 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and out of Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts from the "CG -1" General Commercial District to the "RM -2" Multifamily 2 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. 11 Zoning change from property located at 6093 Dunbarton from commercial to residential Case No. 0212 -04, City of Corpus Christi: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive. (Attachment #11) Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. ORDINANCE Amending the Unified Development Code (UDC) upon application by the City of Corpus Christi on behalf of Ramey and Son Homes, LLC, Owner by changing the UDC zoning map in reference to Cimarron Center, Block 2, Lot 9A from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - family Agenda Regular Council Meeting April 10, 2012 Page 8 4.5 District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. 12. Zoning change from property located at 3221 Ebony Street from residential to commercial on Tract 1 and Tight industrial on Tract 2 Case No, 0212 -02, Flint Hills Resources Corpus Christi, LLC: The applicant is requesting a change in zoning from "RS -6" Single Family 6 District, "RS -6" Single Family 6 District 1 Special Permit / 78 -16 and "RS -TF" Two Family District 1 Special Permit /78 -16 to "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2, resulting in a change of future land use. The property to be rezoned is 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right of way) and Baymoor Boulevard (50 -foot right -of -way), all in Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. (Attachment #12) Planning Commission and staffs recommendation: Approval of the change in zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. ORDINANCE Amending the Unified Development Code (UDC) upon application by Flint Hills Resources Corpus Christi, LLC by changing the UDC zoning map in reference to 9.586 acres of land being all of Lots 134 -140, 191 -227 and a portion of Lots 141 -146, 187 -190 and 228 -239 a portion of Ebony Street and Baymoor Boulevard, all in the Baymoor Addition from the "RS -6" Single - family 6 District, "RS -6" Single - family 6 District/SpecialPermit/78 -16 and "RS -TF" Two- Family District/Special Permit /78 -16 to "CG -1" General Commercial on Tract 1 and "IL" Light Industrial on Tract 2; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. Agenda Regular Council Meeting April 10, 2012 Page 9 K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 13. Approval of municipal maintenance agreement with TxDOT Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision and regulation of certain state highways and/or portions of state highways in the City of Corpus Christi. (Attachment #13) 14. Approval to abandon and vacate a pipeline easement at 5521 South Staples Street Ordinance abandoning and vacating a portion of an existing blanket easement, approximately 871,200- square feet, located at Mt. Vernon Shopping Center, Block 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1; requiring the owner of the lots, the Smith - Johnson Partnership and Smith Mt. Vernon Holdings, Ltd., to comply with the specified conditions. (Attachment #14) L. FIRST READING ORDINANCES: 15. Correction to metes and bounds and map of dedicated public access easement First Reading Ordinance — Amending Ordinance No. 028064 with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 through 3, and by deleting the last sentence. (Attachment #15) M. FUTURE AGENDA ITEMS AND UPDATES TO CITY COUNCIL: These items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. FUTURE AGENDA ITEMS: 16. Supply agreement for purchase of library books and recordings. Motion approving a supply agreement with Baker & Taylor, Inc., of Charlotte, North Carolina for library books and recordings, based on lowest responsible bid in accordance with Bid Agenda Regular Council Meeting April 10, 2012 Page 1 0 Invitation No. BI- 0074-12 for a total estimated annual expenditure of $216,360 of which $54,090 is required for the remainder of FY2011 -2012. The term of the agreement shall be for twelve months with options to extend for up to four additional twelve month periods, subject to the approval of the suppliers and the City Manager or designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY2011 2012. (Attachment #16) 17. Purchase of police package sedans Motion approving the purchase of seven (7) Ford Fusions from Philpott Motors, of Nederland, Texas for a total amount of $131,721.75. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department. Funds are available in FY2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. (Attachment #17) 1.8. Purchase of specialized equipment Motion authorizing the purchase of specialized equipment for a total amount of $118,223.01 utilizing funds from the Department of Homeland Security FEMA under the 2010 Port Security Grant Program (PSGP) and the Law Enforcement Trust Fund to purchase law enforcement equipment for the Police Department. Funds are available in the Police Grant Fund 1061. (Attachment #18) 19. Acceptance of. State grant for drug trafficking prevention program a. Motion authorizing the City Manager or designee to accept a grant in the amount of $165,840 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High intensity Drug Trafficking Area. (Attachment #19) b. Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Agenda Regular Council Meeting April 10, 2012 Page 11 Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. (Attachment #19) 20. State grant application for summer food program Resolution authorizing the City Manager or designee to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. (Attachment #20) 21. Acceptance of State grant for after school snack program and appropriation of funds c. Resolution authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. (Attachment #21) d. Ordinance appropriating a grant in the amount of $191,120 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program. (Attachment #21) 22. Renewal of lease with Gulf Coast Gem and Mineral Society Ordinance authorizing the City Manager or designee to execute a three -year lease agreement with Gulf Coast Gem and Mineral Society for the use of a building at 3933 Timon. (Attachment #22) 23. Approval to submit documentation regarding eminent domain Resolution authorizing the City Manager or designee to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). (Attachment #23) Agenda Regular Council Meeting April 10, 2012 Page 12 24. Resolution authorizing street assessments for construction of sound wall on Flour Bluff and Cornerstone Drives; and setting public hearing a. Resolution determining the necessity for and ordering the following highway improvement, in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for partly by the City and partly by assessments; and directing the City's Director of Engineering Services to file a notice of the proposed assessment with the Nueces County Clerk. (Attachment #24) b. Resolution approving plans and specifications for improvement to the following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Drive and Cornerstone Drive; approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on the proposed assessment to occur during the April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. (Attachment #24) 25. Acceptance of State grant for air duality planning and approval of agreements to administer work programs a. Resolution authorizing the City Manager or designee to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality (TCEQ) in the amount of $442,300.00 for Air Quality Planning; authorizing the City Manager or designee to execute Amendment No, 1 to the Interlocal Cooperation Agreement with North Texas University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with Texas A & M University in the amount of $70,000.00 to extend ,the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). (Attachment #25) Agenda Regular Council Meeting April 10, 2012 Page_13 b. Ordinance appropriating $442,300 from the Texas Commission on Environmental Quality (TCEQ) in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. (Attachment #25) 26. Resolution in support of Villas at Woodbend tax credit application Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed construction of The Villas at Woodbend, approving an application for 9% housing tax credits and Home Investment Partnership Program Funds to finance such project; and providing an effective date. (Attachment #26) FUTURE PUBLIC HEARING 27. Proposed FY 2012 -2013 Consolidated Annual Action Plan a. Public hearing regarding the City of Corpus Christi's proposed FY '2012-2013 Consolidated Annual Action Plan (CAAP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) Programs. (Attachment #27) b. Council discussion and possible recommendations on a list of projects / activities to be funded. (Attachment #27) 28. Zoning change for property located at 7614 Slough Road from farm -rural to residential Case No. 0212 -05: Juan G. Romero: The applicant is requesting a change of zoning from the "FR" Farm -Rural District to a "RS -6" Single- Family 6 District, not resulting in a change of the future land use. The property to be rezoned is a 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). (Attachment #28) Planning Commission's and Staff's Recommendation: Approval of the rezoning to the "RS-6" Single- Family 6 District. Agenda Regular Council Meeting April 10, 2012 Page 14 UPDATES TO CITY COUNCIL: 29. Bond Issue 2008 Park Program Update (Attachment #29) N. PUBLIC COMMENT ON NON - AGENDA OR AGENDA RELATED MATTERS WILL BE HEARD AT APPROXIMATELY 4:00 P.M., OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. if you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. CITY MANAGER'S COMMENTS: * Update on City Operations Agenda Regular Council Meeting April 10, 2012 Page 15 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 .7\ )1 p.m., on April 5, 2012. ( J F)-y—,,,,, . i ,h s Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. if technical problems occur, the agenda will be uploaded on the Internet by the Friday. 1 MINUTES City of Corpus Christi, Texas Workshop - Council- Meeting March 27, 2012 - 10:30 am Present: Mayor Joe Adame Council Members: Kelley Allen Larry Elizondo Priscilla Leal David Loeb *John Marez Nelda Martinez Mark Scott *Arrived at 11:30 am Absent Chris Adler City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the workshop meeting to order in the Council Chambers of City Hall. 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. Mr. Oscar Martinez, Assistant City Manager stated that this is Workshop Session Number 2 regarding the Street Improvement Finance Plan. He recognized Dr. Robert Furgason, a member of the Street Maintenance Ad Hoc Committee. Dr. Furgason spoke in support of the finance plan. Mr. Martinez stated that during Workshop Session Number 1 held on March 20, 2012 there were 45 questions asked by the council. He added that council was provided with responses to those questions, and that the discussion today would focus on summarizing those responses. At the end of the workshop meeting, he provided an overview of the items scheduled for Workshop Session No. 3 scheduled for April 10, 2012 would include city -wide municipal management district, division of resource consideration, pavement condition index considerations, priority rankings of street maintenance, and utility work impacts. There being no further business to come before the Council, Mayor Pro Tem Loeb adjourned the Workshop Meeting at 11:45 am on March 27, 2012. MINUTES City of Corpus Christi, Texas Regular Council Meeting March 27, 2012 - 12:00 p.m. Present: Mayor Joe Adame Council Members: Kelley Allen Larry Elizondo David Loeb Priscilla Leal John Marez Nelda Martinez Mark Scott Absent Chris Adler City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Reverend Harry Williams and the Pledge of Allegiance to the United States Flag was led by Council Member Priscilla Leal. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Workshop and Regular Council meetings of March 20, 2012. A motion was made and passed to approve the minutes as presented. BOARD APPOINTMENT The council made the following new appointments or reappointments to the city's boards, commissions and committees: Building Standards Board Shawn Bodine (Engineer) Peggy Mettlen CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 3 - 24). Council members requested that Items 17 and 24 be pulled for individual consideration. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. M2012 -057 Motion approving the lease purchase of two (2) five yard wheel loaders from Anderson Machinery, of Manor, Texas in the amount of $379,629.68 of which $6,757.53 is required for FY 2011 -2012. The award is based on the Cooperative Purchasing Agreement with the -3- Minutes - Regular Council Meeting March 27, 2012 -_ ._P. age 2 Texas Local Government Cooperative. The units will be used by the Solid Waste Department. Funds for the lease purchase of the wheel loaders will be provided through the City's lease /financing program. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 4. MOTION NO. M2012 -058 Motion approving the lease purchase of 2,940 96- gallon curbside recycle containers from Toter Incorporated, of Statesville, North Carolina for the total amount of $149,899, of which, $8,080.47 is required for FY2011 -2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (H -GAC). The containers will be used in the City's automated recycle program. Funds for the lease purchase of the curbside recycle containers will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 5. MOTION NO. M2012 -059 Motion approving the lease purchase of one (1) Caterpillar Pneumatic Roller from Holt Cat Machinery, of Dallas, Texas for a total amount of $101,554 of which $5,440.59 is required for FY2011/2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by the City's Street Department. This unit is a replacement to the fleet. Funds for the lease purchase of the roller will be provided by the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal; Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 6. MOTION NO< M2012 -060 Motion approving the lease purchase of four (4) side loading refuse trucks from Rush Truck Centers of Texas LP, of Houston, Texas for a total amount of $1,186,120.00 of which $21,113.32 is required for the remainder of FY2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements to the fleet and will be used by the Solid Waste Department. Financing for the lease purchase of the vehicles will be provided through the City's lease/purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 7. MOTION NO. M2012 -061 Motion approving the purchase of twelve (12) Chevrolet Tahoes from Caldwell Country Chevrolet, of Caldwell, Texas, for a total amount of $327,562. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). All units are replacements e to the fleet and will be used by the Police Minutes - Regular Council Meeting March 27, 2012 Page 3 Department. Funding is available in the FY2011 -2012 Capital Outlay Budget of the Fleet Maintenance Fund. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 8. MOTION NO. M2012 -062 Motion approving the lease purchase of one (1) trommel screen from McCourt & Sons Equipment, Inc., of La Grange, Texas fora total amount of $292,125 of which $20,799.68 is required for the remainder of FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment is a replacement unit and will be used by the Solid Waste Department. Financing for the equipment will be provided through the City's lease- purchase financing program. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 9. MOTION NO. M2012 -063 Motion authorizing the purchase of specialized equipment for a total amount of $129,559 utilizing funds from the 2009 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 10. MOTION NO. M2012 -064 Motion approving the purchase of an interface for the Laboratory Information Management System (MS) and (Leads from STARLIMS Corporation, of Hollywood, Florida, fora total expenditure of $73,550. Funds are available through the Coverdell Forensic Science Improvement Grant program and Municipal Information Systems. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 11.a. RESOLUTION NO. 029396 Resolution authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $21,133.93 to be used for the purchase of equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. The foregoing resolution was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. Minutes - Regular Council Meeting March 27, 2012 Page 4 11.b. ORDINANCE NO. 029397 Ordinance appropriating $21,133.93 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Grant Fund to purchase equipment and supplies to support the delivery of emergency medical services for the Corpus Christi Fire Department. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 12.a. RESOLUTION NO. 029398 Resolution authorizing the City Manager or designee to execute all documents to accept a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). The foregoing resolution was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 12.b. ORDINANCE NO. 029399 Ordinance appropriating a $5,381 grant awarded by the Corporation for National and Community Service for the Senior Companion Program (SCP). An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 13.a. RESOLUTION NO. 029400 Resolution authorizing the City Manager or designee to accept a $117,301.38 grant awarded by the Texas Department of Agriculture Texans Feeding Texans Program for the FY2012 Senior Community Services (SCP) Elderly Nutrition Program. The foregoing resolution was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 13.b. ORDINANCE NO. 029401 Ordinance appropriating a $117,301.38 grant from the Texas Department of Agriculture Texans Feeding Texans Program in the No. 1067 Parks and Recreation Grants Fund for the FY2012 Senior Community Services (SCP) Elderly Nutrition Program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 14. ORDINANCE NO. 029402 Ordinance authorizing the City Manager or designee to execute a lease agreement with the Buccaneer Commission, Inc. ( "Commission ") for 2012 Buccaneer Days Festival and related -6- Minutes - Regular Council Meeting March 27, 2012 Page 5 activities to allow use of City property including areas bounded by Kinney Street, North Shoreline, South Shoreline, and Park Avenue, including adjacent parking lots during April 23 2012 through May 8, 2012; use of parking lot north of former Memorial Coliseum site from April 12, 2012 through April 16, 2012; and also including use of McGee Beach for fireworks launch on April 27, 2012; and provide for Commission paying 50% police overtime, and 100% of all other City costs and fees. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 15. ORDINANCE NO. 029403 Ordinance amending Ordinance No. 027996, which designated a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas" (the "Reinvestment Zone "), to correct the termination date of the Zone; authorizing the City Manager to enter into an Amended Interlocal Agreement with Del Mar College and Nueces County. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 16. RESOLUTION NO. 029404 Resolution authorizing the City Manager or designee to execute a one -year Interlocal Cooperation Agreement with the Corpus Christi Downtown Management District ( "District "), to renew annually automatically, in the annual amount equal. to the District's revenue received from the District's ad valorem taxes each fiscal year at an annual minimum of $127,000 for assistance in downtown development and redevelopment activities for FY2011 -2012 and annually thereafter as renewed. The foregoing resolution was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 18. MOTION NO. M2012 -065 Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Urban Engineering of Corpus Christi, Texas in the amount of $87,400 for the Staples Street Pumping Plant New 10 MGD• Pumps. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 19. MOTION NO. M2012 -066 Motion authorizing the City Manager or designee to execute Amendment No. 2 to a Contract for Professional Services with RVi of Austin, Texas for the Oso Creek/Oso Bay Area Park Master Plan in the amount of $616,670 for a total restated fee of $903,650 for design of Phase 2 improvements. (Bond 2008) -7- Minutes - Regular Council Meeting March 27, 2012 Page 6 The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 20. MOTION NO. M2012 -067 Motion authorizing the City Manager or designee to execute a construction contract with Austin Traffic Signal Construction Co., Inc. of Pfiugerville, Texas in the amount of $900,348.44 for the Traffic Signals (New and Synchronization) Project for the Base Bid and Additive Alternate No. 1. (Bond 2008) The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 21.a. ORDINANCE NO. 029422 Second Reading Ordinance — Amending Sections 29 -48 and 29 -52, Code of Ordinances, City of Corpus Christi, to authorize additional authorized expenses from the Municipal Court Building Security Fund and the Juvenile Case Manager Fund consistent with current state law. (First Reading 3/20/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 21.b. ORDINANCE NO. 029423 Second Reading Ordinance - Appropriating $170,702 from Municipal Court Building Security Fees in the No. 1035 Municipal Court — Building Security Fund for expenses specifically authorized by state law and city ordinance; appropriating and transferring $91,097.15 from the General Fund to the No. 1035 Municipal Court Fund; changing the FY 2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures /revenues by $170,702. (First Reading 3/20112) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 21.c. ORDINANCE NO. 029424 Second Reading Ordinance — Appropriating $255,720 from Municipal Court's Technology Fees in the No. 1036 Municipal Court — Technology Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $150,618 from the General Fund to the No. 1036 Municipal Court- Technology Fund; changing the FY2011- 2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures /revenues by $255,720. (First Reading 3/20/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. Minutes - Regular Council Meeting March 27, 2012 Page 7 21.d. ORDINANCE NO. 029425 Second Reading Ordinance —Appropriating $357,206 from Municipal Courts Juvenile Case Manager Fees in the No. 1037 Municipal Court Juvenile Case Manager Fund for expenses specifically authorized by state law and city ordinance; appropriating in and transferring $247,464 from the General Fund to the No. 1037 Municipal Court - Juvenile Case Manager Fund; changing the FY2011 -2012 Adopted Annual Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures /revenues by $357,206. (First Reading 3/20/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 22. ORDINANCE NO. 029426 Second Reading Ordinance — Appropriating $70,000 from the Unreserved Fund Balance in the No. 1020 General Fund to fund the School Crossing Guard Program for the remainder of FY2012. (First Reading 3/20/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 23. ORDINANCE NO. 029427 Naming ball field at Southside Sports Complex at 1901 Paul Jones Avenue the Raymond R. Dulak, Jr. Ball Field. (First Reading 3/20/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. The following items were pulled for individual consideration and were voted on separately. Council Member Leal stated that fees for outstanding balances are being waived for three other leagues and she requested that the fees also be waived for Southside Youth League. Michael Morris, Director of Parks and Recreation stated that he would look into whether Southside League qualified. He added that if the complex qualified, he would bring the item back to the Council to amend the agreement. There were no comments from the audience. City Secretary Chapa polled the council for their votes as follows: 17.a. ORDINANCE NO. 029405 Ordinance authorizing the City Manager or designee to amend the lease agreement with Great Western Soccer League, a non - profit organization, for the use of Terry and Bobby Labonte Park for its soccer program to end in January 2014 by amending section regarding water utilities. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. -9- Minutes - Regular Council Meeting March 27, 2012 Page 8 17.b. ORDINANCE NO. 029406 Ordinance authorizing the City Manager or designee to amend the lease agreement with Padre Youth Football League, a non- profit organization, for the use of Bill Witt Park for its football program to end in February 2016 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.c. ORDINANCE NO. 029407 Ordinance authorizing the City Manager or designee to amend the lease agreement with Corpus Christi and Coastal Bend Youth Football League, a non - profit organization, for the use of Botsford Park for its football program to end in January 2014 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.d. ORDINANCE NO. 029408 Ordinance authorizing the City Manager or designee to amend the lease agreement with Corpus Christi Senior Softball Association, a non- profit organization, for the use of Kiwanis Park for its softball program to end in March 2016 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.e. ORDINANCE NO. 029409 Ordinance authorizing the City Manager or designee to amend the lease agreement with Southside Little Miss Kickball League, a non - profit organization, for the use of property located at 4200 McArdle Road for its kickball program to end in February 2016 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.f. ORDINANCE NO. 029410 Ordinance authorizing the City Manager or designee to amend the lease agreement with Southside Youth Sports Complex, a non - profit organization, for the use of Price Park for its baseball program to end in January 2014 by amending section regarding water utilities. Minutes - Regular Council Meeting March 27, 2012 Page 9 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.g. ORDINANCE NO. 029411 Ordinance authorizing the City Manager or designee to amend the lease agreement with Corpus Christi United Little Miss Kickball League, a non - profit organization; for the use of Bill Witt Park for its kickball program to end in January 2014 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.h. ORDINANCE NO. 029412 Ordinance authorizing the City Manager or designee to amend the lease agreement with Padre Soccer League, a non - profit organization, for the use of Bill Witt Park for its soccer program to end in January 2013 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.i. ORDINANCE NO. 029413 Ordinance authorizing the City Manager or designee to amend the lease agreement with Santa Fe Soccer League, a non - profit organization, for the use of South and North Pope Park for its soccer program to end in June 2013 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.j. ORDINANCE NO. 029414 Ordinance authorizing the City Manager or designee to amend the lease agreement with Corpus Christi Police Athletic League, a non - profit organization, for the use of T.C. Ayers, Ben Garza, and Driscoll Field for its youth athletic program to end in February 2015 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.k. ORDINANCE NO. 029415 Ordinance authorizing the City Manager or designee to amend the lease agreement with National Little League, a non- profit organization, for the use of Paul Jones Youth Sports —11— Minutes - Regular Council Meeting March 27, 2012 Page 10 Complex for its baseball program to end in February 2016 by amending section regarding water utilities and waiving outstanding water utility balance. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.1. ORDINANCE NO. 029416 Ordinance authorizing the City Manager or designee to amend the lease agreement with Oso Pony Baseball League, a non- profit organization, for the use of Paul Jones Youth Sports Complex for its baseball program to end in February 2016 by amending section regarding water utilities and waiving outstanding water utility balance. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. • 17.m. ORDINANCE NO. 029417 Ordinance authorizing the City Manager or designee to amend the lease agreement with Oso Little Miss Kickball League, a non - profit organization, for the use of Paul Jones Youth Sports Complex for its kickball program to end in February 2016 by amending section regarding water utilities and waiving outstanding water utility balance. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.n. ORDINANCE NO. 029418 Ordinance authorizing the City Manager or designee to amend the lease agreement with Padre Little League, a non - profit organization, for the use of Bill Witt Park for its baseball program to end in April 2013 by amending section regarding water utilities. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.o. ORDINANCE NO. 029419 Ordinance authorizing the City Manager or designee to execute five -year lease agreement with International Westside Baseball for the use of Greenwood /Horne Youth Sports Complex, for its baseball program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. Minutes - Regular Council Meeting March 27, 2012 Page 11 17.p. ORDINANCE NO. 029420 Ordinance authorizing the City Manager or designee to execute five -year lease agreement with Sparkling City Fast Pitch League for the use of, Greenwood /Horne Youth Sports Complex for its softball program. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 17.q. ORDINANCE NO. 029421 Ordinance authorizing the City Manager or designee to execute five -year lease agreement with Universal Little League for the use of Greenwood /Horne Youth Sports Complex for its baseball program. An emergency was declared and the foregoing . ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. MayorAdame referred to Item No. 24. Council Members discussed the number of persons required to file a sworn complaint. A motion was made by Council Member Marez, seconded by Council Member Leal to increase the number for a person to file a sworn complaint from 1 to 2 . The motion failed with the following vote: Adame, Leal and Marez, voting "Aye "; Allen, Elizondo, Loeb, Martinez and Scott, voting "No "; Adler was absent. MayorAdame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes on the ordinance as presented. 24. ORDINANCE NO. Amending the Code of Ethics provisions regarding conflicts of interest and complaint procedures. (First Reading 3/20/12) The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Allen, Elizondo, Loeb, Marez, Martinez and Scott, voting "Aye "; Leal voting "No "; Adler was absent. EXECUTIVE SESSIONS follows: Mayor Adame announced the executive sessions which were listed on the agenda as Executive session pursuant to Section 551.087 of the Texas Government Code to deliberate regarding confidential commercial or financial information received from a business prospect that the City Council seeks to have locate, stay or expand within the City and with which the City is conducting economic development negotiations and to deliberate possible offers of financial or other incentives to said business prospect, with possible discussion and action in open session. Minutes - Regular Council Meeting March 27, 2012 Page 12 Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding Cause No. 8- 11- 6088CV -B styled City of Ingleside, Texas vs. City of Corpus Christi, Texas presently pending in the 156th District Court of San Patrick), County with possible discussion and action in open session. Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding Time Warner cable franchise, with possible discussion and action in open session. The council went into executive session. The council returned from executive session. A motion was made by Council Member Martinez, seconded by Council Member Marez and passed. City Secretary Chapa polled the council for their votes as follows: MOTION NO. M2012 -068 Motion authorizing the City Attorney to file Motion to intervene in Public Utility Commission of Texas Docket No. 40227 regarding Time Warner Cable application to amend its State franchise to add the Corpus Christi area. The foregoing motion was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. UPDATE TO CITY COUNCIL Mayor Adame deviated from the agenda and referred to Item No. 39, Convention & Visitors Bureau Update. Mr. Keith Arnold, CEO, Convention & Visitors Bureau provided an update on Spring Break. Mr. Arnold provided a report including the HOT collections through January 31, 2012; report on Convention and Event Sales; Certified Tourism Ambassador Program; Branding and Production of Collateral Material; Online Packaging Program; Cultural and Heritage Tourism Portal; Interactive Marketing; and Visitor Statistics. PUBLIC HEARINGS Mayor Adame referred to Item No. 25. A motion was made and passed to open the following public hearing. Staff informed the Council that the applicant has requested that the following zoning case be postponed for two weeks. Case No. 0212 -01, Urban Engineering: The applicant is requesting a change of zoning from the "RS -6" Single - family 6 District to the "RS -4.5) Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future land use. The property to be rezoned is described as Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). 25. POSTPONED —14-- Minutes - Regular Council Meeting March 27, 2012 Page 13 REGULAR AGENDA Mayor Adame referred to Item 26. Emily Martinez, Regional Economic Development Corporation stated that this item is for a grant to Kanon Services. She added that Kanon Services provides oilfield and refinery support throughout the Coastal Bend region. Ms. Martinez stated that they plan to invest $3.7 million over a five year period. Mayor Adame asked for comments from the audience. There were no comments from the public. City Secretary Chapa polled the council for their votes as follows: 26.a. ORDINANCE NO. 029429 Ordinance appropriating $120,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi Business and Job Development Corporation ("CCBJDC") to Kanon Services, Inc. ( "Kanon ") for capital investments and the creation and retention of jobs; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $120,000. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Loeb were absent. 26.b. RESOLUTION NO. 029430 Resolution approving a Business Incentive Agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ("CCBJDC") and Kanon Services, Inc. ( "Kanon "), which provides a grant of up to $120,000, for investing in new equipment for its facilities within the City of Corpus Christi, in which Kanon will invest at least $3,700, 000 in furniture, fixtures, and equipment and will retain at least 4 current full - time jobs with an average annual salary of at least $50,000 over a five -year period and the creation and maintenance of 36 additional full -time jobs with an average annual salary of at least $50,000 over a five -year period, and authorizing the City Manager or designee to execute a Business Incentive Project Support Agreement with the CCBJDC regarding implementation and administration of the Kanon Business Incentive Agreement for the Creation and Retention of Jobs. The foregoing resolution was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Loeb were absent. Mayor Adame referred to Item No. 27. Emily Martinez, Regional Economic Development Corporation stated that this item is for a grant to Oneta Company. She added that the Oneta Company is comprised of the last independent Pepsi Bottler company. Ms. Martinez stated that they plan to invest $4.7 million in furniture and equipment at the facility and retain 64 jobs and create up to 31 new jobs. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: -15- Minutes - Regular Council Meeting March 27, 2012 Page 14 27.a. ORDINANCE NO. 029431 Ordinance appropriating $300,000 from the Unreserved Fund balance in the No. 1140 Business /Job Development Fund for a business incentive grant from the Corpus Christi . Business and Job Development Corporation ( "CCBJDC ") to Oneta Company ( "Oneta ") for investing in new facilities and new equipment of their existing manufacturing and distribution facilities and the creation and retention of jobs; changing the FY2011 -2012 Operating Budget, adopted by Ordinance No. 029155 by increasing proposed expenditures by $300,000. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. 27.b. RESOLUTION NO. 029432 Resolution approving a Business Incentive Agreement for the creation and retention of jobs between the Corpus Christi Business and Job Development Corporation ( "CCBJDC ") and Oneta Company ( "Oneta "), which provides a grant of up to $300,000, for investing in new facilities and new equipment for its facilities within the City of Corpus Christi, in which Oneta will invest at least $4,700,000 in furniture, fixtures, and equipment and will retain at least 64 current full time jobs with an annual average salary of at least $30,935 over a five -year period and the creation and maintenance of 31 additional full time jobs with an average annual salary of at least $30,935 over a five -year period, and authorizing the City Manager or designee to execute a Business Incentive Project Support Agreement with the CCBJDC regarding implementation and administration of the Oneta Business Incentive Agreement for the creation and retention of jobs. The foregoing resolution was passed and approved with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott voting "Aye "; Adler was absent. FIRST READING ORDINANCE MayorAdame referred to Item 28. Gus Gonzalez, Director of Water Operations stated that this item is for a Girl Scout Lease of 76 acres at Lake Corpus Christi. He provided a presentation including background and terms of the agreement. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 28. FIRST READING ORDINANCE Authorizing the City Manager or designee to execute a lease agreement with Girl Scouts of Greater South Texas for the use of a 76 -acre tract adjacent to Lake Corpus Christi through December 31, 2041. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Allen, Elizondo, Leal, Loeb, Marez, Martinez, and Scott, voting "Aye "; Adler was absent. Minutes - Regular Council Meeting March 27, 2012 Page 15 FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda (Items 29 - 38). 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 35 - 40. 29. Motion approving the lease purchase of two Bomag Tandem Vibratory Rollers from Anderson Machinery, of Manor, Texas for a total amount of $196,960.00 of which $10,551.81 is required for FY2011/2012. The award is based on the cooperative purchasing agreement with the Houston- Galveston Area Council of Governments (HGAC). The equipment will be used by the City's Street Department. All units are replacements to the fleet. Funds for the lease purchase of the Rollers will be provided by the City's lease /purchase financing program. 30.a. Resolution authorizing the City Manager or designee to accept a six -month grant extension from the Texas Department of State Health Services (TDHS) for the Women, Infants and Children (WIC) Program for April 1, 2012 — September 30, 2012, and to execute all related documents. 30.b. Ordinance appropriating a grant amendment in the amount of $500,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants and Children Program resulting from an extension of the term of the grant agreement. 31. Resolution authorizing the City Manager or designee to execute an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive with the City's participation in the amount of $8,562. (Bond Issue 2008) 32. Motion approving the temporary street closures of the Peoples Street T -Head and the northbound lanes of Shoreline Boulevard (including medians) from the north curb line of Schatzell Street to the south right -of -way of Taylor Street, beginning at 6:00 a.m. on Monday, April 16, 2012 and ending at 6:00 p.m. on Monday, April 23, 2012, for the Texas International Boat Show. 33. Motion approving the temporary street closure applications from the Buccaneer Commission for the 2012 Buc Days events to begin on April 13, 2012 through May 5, 2012. The following street closures will be required for the festivities: BBQ Challenge and Rodeo Truck Trailer Parking - beginning April 15,2012 at 8:00 a.m. through April 23, 2012 at 12:00 a.m.: • Street closure of North Broadway Street between Fitzgerald Street and Brewster Street • Street closure of Fitzgerald Street between North Broadway Street and Mesquite Street • Street closure of Resaca Street between Chaparral Street and Shoreline Boulevard • Street closure of southbound Shoreline Boulevard between Resaca Street and the South Texas Art Museum —17— Minutes - Regular Council Meeting March 27, 2012 Page 16 Carnival - beginning April 23, 2012 at 6:00 p.m. through May 7, 2012 at 9:00 a.m.: • Street closure of southbound Shoreline Boulevard between Kinney Street and Park Street • Street closure of Kinney Street between south and northbound Shoreline Boulevard • Street closure of Born Street between Water Street and southbound Shoreline Boulevard • Street closure of Broadway Court. between Water Street and southbound Shoreline Boulevard Street closure of Park Avenue south and northbound Shoreline Boulevard 34.a. Ordinance amending the FY2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894. 34.b. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with HDR Engineering, of Corpus Christi, Texas in the amount of $150,894 for the Bayfront Seawall Repairs. 35. Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision and regulation of certain state highways and/or portions of state highways in the City of Corpus Christi. (Attachment #35) 36. Case No. 0212 -03, Encore Multi - Family, LLC.: The applicant is requesting a change of zoning from "CG -1" General Commercial District to "RM -2" Multi- family 2 District, resulting in a change of future land use from commercial to medium density residential. The property to be rezoned is 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located • along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RM -2" Multi - family 2 District. 37. Case No. 0212 -04 -City of Corpus Christi: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single- family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive. Planning Commission and Staffs Recommendation: Approval of the change of zoning to the "RS- 4.5" Single - family 4.5 District. 38. Case No. 0212 -02 Flint Hills Resources Corpus Christi, LLC: The applicant is requesting a change in zoning from "RS -6" Single Family 6 District, "RS -6" Single Family 6 District / Special Permit / 78 -16 and "RS -TF" Two Family District / Special Permit/78 -16 to "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2, resulting in a change of future land use. The property to be rezoned is 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right of way) and Baymoor Boulevard (50 -foot right -of -way), all in Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. Planning Comjssion and staff's recommendation: Approval of Minutes - Regular Council Meeting March 27, 2012 Page 17 the change in zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. UPDATES TO THE CITY COUNCIL MayorAdame referred to Item No. 40, Street Program Update. Dan Biles, Interim Director of Engineering provided a brief update on the Bond 2008 Street Project Savings including the bidding of street projects; savings to date is approximately $13 million; tentative projects approved by council; TxDOT participation opportunities; and Top 10 Street Matrix Projects. PUBLIC COMMENT Mayor Adame called for comments from the public. Abel Alonzo spoke about the street projects, and voter participation; Mark Creider displayed pictures regarding holes on Hart Street and is requesting reimbursement for funds he spent to repair the street; Ray Gonzales spoke about funding for street maintenance. CITY MANAGER COMMENTS No comments. There being no further business to come before the Council, MayorAdame adjourned the Council meeting at 4:00 p.m. on March 27, 2012. 2 a. ARTS AND CULTURAL COMMISSION --- Three (3) vacancies representing the following: 1 - Architecture, 1 - Youth/Education, and 1 - Higher Education with terms to 9- 01 -14. (Appointed-by the Mayor with approval of the City Council.) DUTIES: To recommend the use, location, Iease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of buildings, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: Nine (9) members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (1) Marketing Representative (1) Economic Development/Tourism representative; (1) Public Space/Public Art representative; (1) Youth/Education representative; (1) Performing Arts representative; (1) Visual Arts representative; (1) Architecture representative; (1) Higher Education representative; and (1) Business Development Groups/Corporate representative. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. MEMBERS Joseph B. Schenk (Visual Arts) *****Frank Trimble (Architecture) Karina Paris (Business Dev /Corporate Group) Heidi Hovda (Performing Arts) Joe Hilliard (Economic Dev./ Tourism) Dianna Bluntzer -Dura (Public Art/ Public Space) * *Corinne Valadez (Youth/Education) * *Kelly Quintanilla (Higher Education) Jaye LaBarrett (Marketing) Council Liaison: Nelda Martinez, Council Member Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERM 9 -01 -12 9 -01 -11 9 -01 -13 9 -01 -13 9 -01 -12 9 -01 -13 9 -01 -11 9 -01 -11 9 -01 -12 ORIGINAL APPTD. DATE 3 -11 -08 10 -11 -05 12 -8 -09 6 -12 -07 6 -12 -07 9 -29 -09 9 -29 -09 12 -14 -10 5 -09 -06 (The Arts and Cultural Commission is recommending the new appointments Brad Kisner for Higher Education, Patricia Mondragon for Youth/Education.) INDIVIDUALS EXPRESSING INTEREST: Craig Brashears Cynthia Bridges Edgar E. Farrera Associate Professor - -of- Drama, Scenic - -- and - -- -Lighting - - Director, Del Mar College. Received BA in Theatre from Texas A &M University - College Station, and MA of Fine Arts in Theatre Design from Utah State University. Activities include: Sparkling City Light Opera, Corpus Christi Live!, Friend of the Arts -- Wynn Seale Academy, U.S. Institute for Theatre Technology, Illustrator, Thinking Like a Director by Michael Bloom (21'd ed. Publ. 2002), National Finalist for The Machine, Kennedy Center - American College Theatre Festival. (Higher Education) (Performing Arts) (12/09111) Chair, Department of Music, Del Mar College. Received a B.M.E. from Texas State University, an M.A. and PhD. in Music Education from University of Hawaii at Manoa. Current and former organizations include: Women Band Directors International, National Band Assn., College Band Directors National Assn., Music Educators National Conference, College Music Society, Pi Kappa Lambda — National Music Honors Society, Hawaii Music Educators Assn, Oahu Band Directors Assn., Texas Bandmasters Assn., Texas Music Educators Assn., Tau Beta Sigma, Eta Epsilon Chapter - Southwest Texas State University. Performance affiliations include: Canton Concert Band, Honolulu Chamber and Choral Society Orchestras, Victoria Symphony Orchestra, Corpus Christi Symphony Orchestra, and San Antonio Municipal Band. (Higher Education) (Performing Arts) (12108111) Professor of Architectural Technologies, Del Mar College. Received both Bachelor of Architecture and Master of Architecture degrees. Responsible for design and construction of many public facilities for the City of Corpus Christi, including City Hall, Central Library, Municipal Court, and Police Facility. Registered Accessibility Specialist, Subject Matter Expert on Building Design for Homeland Security. Activities include: American Institute of Architects (AIA), Corpus Christi US Green Building Council, Quicentenary Commission, Columbus Fleet Association, Art Museum of South Texas, Instituto de Cultura Hispanica, and Incarnate Word Academy PTA. (Architecture) (4/4/12) Brad Kisner Director of Music and Fine Arts, First United Methodist Church and Adjunct Professor of Music, Texas A &M University - Corpus .. Christi. .. _Received... B.M.E. _ from Oklahoma State University and M.S.M. from Southern Methodist University. Activities include: American Guild of Organists and First United Methodist Church. (Higher Education) (Performing Arts) (4118111) Dr. Patricia Reinhardt Mondragon Education Consultant, Mathis ISD. Received a BA in History /Geography, an MA in Humanities, and a Doctorate in Education. Former Primary, Secondary and College Educator, and School Administrator. Activities include: Grant Writer — T.E.A. and N.E.A. Innovative Education Grant, T.E.A. recognized School Principal, Beautify Corpus Christi Association, Central Catholic Elementary Board Member, Artist and published Writer. (Higher Education) (Youth/Education) (Visual Arts) (10/21 /11) Norman Navarro Technology Center Instructor, LULAC National Education Service Centers, Inc. Received BS in Computer Science and pursuing Masters in Educational Technology from Texas A &M University - Corpus Christi. Activities include: American G.T. Forum. (Youth/Education) (5125/11) b. BOARD OF ADJUSTMENT -- Seven (7) vacancies including five (5) regular members and two (2) alternate members with terms to 4- 04 -14. (NOTE: The board has a policy of requesting the appointment of an Alternate member to a regular voting position and the appointment of a new person to fill the Alternate position.) DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. .Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD, DATE *R. Bryan Johnson 4 -04 -12 4 -08 -08 *Morgan Spear 4 -04 -12 12 -9 -08 *Carl Hellums 4 -04 -12 4 -13 -10 *****Dan Winship 4 -04 -12 8 -23 -05 *****Ben Molina 4-04-12 11 -8 -05 *John Douglas McMullan (Alternate) 4 -04 -12 4 -13 -10 *Heriberto A. (Tony) Pineda (Alternate) 4 -04 -12 7 -06-10 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (The Board of Adjustment is recommending the reappointments of Bryan Johnson, Morgan Spear, Carl Hellums, and realigning John Douglas McMullan and Tony Pineda to permanent members. They also recommend the new appointments of Cliff Atnip and Taylor Mauck as Alternate Members.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR R. Bryan Johnson 9 7 78% Morgan Spear 9 8 89% Carl Hellums 9 9 100% John D. McMullan (Alt.) 9 8 , 89% Heriberto A. Pineda (Alt.) 9 7 78% OTHER INDIVIDUALS EXPRESSING INTEREST: Cliff Atnip Sylvia R. Cantu William M. Kramer, Jr. Burris W. McRee Taylor Mauck Real_ Estate Broker/Partner, Cobb, Lundquist & Atnip, Partner/Real Estate. Cobb, Lundquist and Atnip. Received B.B.A. in Finance from Baylor University. Activities include: member of Local, State and National Real Estate Associations, the City's Building Code Board of Appeals (meeting term limit), and also served on the CCCIC /Loan Review Committee. Member of Rotary Club and Toastmasters. (3119112) Self Employed, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (4/29/11) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A &M University- Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117711) Real Estate Broker /Owner, Gulftex Properties, Inc. Holds Certified Property Manager (CPM) and Certified Commercial Investment Member (CCIM) designations from the National Association of Realtors, serves on BOD for two commercial condominium owners associations and Co- Chairman 2012 for Corpus Christi Chapter of Ducks Unlimited. (3120112) Project Architect, Island Architects, Inc. Received Bachelor of Fine Arts in Architecture from University of Texas -San Antonio. Former member of Zoning Board of Adjustment. Activities include: Texas Society of Architects and American Institute of Architects. (4114/11) c. LANDMARK COMMISSION — One vacancy with term to 11 -20 -12 representing the category of Title Search/Property Surveyor. DUTIES: To promote the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. COMPOSITION: Fifteen (15) members nominated by individual City Council Members and appointed by a majority vote of the Council. Insofar as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the City according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. Representation of the following competencies shall be appointed as members to the commission: Two (2) historians, two (2) licensed real estate salespersons, two (2) registered architects, one (1) structural or civil engineer, two (2) history teachers, one (1) person knowledgeable in title search and/or property surveyor and five (5) other members. No one profession will constitute a majority of the membership. MEMBERS ****Kris Cardona (Title Search) Laura Commons (Real Estate) Dr. Mark Robbins (Historian), Vice -Chair Karen Howden (Historian) Anthony Gavlik (Regular Member) Margareta Fratila (Regular Member) John M. Olson (Architect) Christina Crouse (History Teacher) Kim Charba (Regular Member) Dr. James E. Klein (History Teacher), Chair Eric Villarreal (Engineer) Leo Rios (Real Estate) Armando Mendez (Regular Member) Marie Guajardo (Regular Member) Herb Morrison (Architect), Co -Chair Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERM 11 -20 -12 11 -20 -12 11 -20 -12 11 -20 -14 11 -20 -13 11 -20 -13 11 -20 -13 11 -20 -14 11 -20 -13 11 -20 -14 11 -20 -14 11 -20 -14 11 -20 -13 11 -20 -14 11 -20 -12 ORIGINAL APPTD. DATE 7 -07 -09 12 -15 -09 12 -15 -09 11-09-10 11 -09 -10 2 -14 -12 11 -09 -10 10 -20 -11 7 -07 -09 11 -11 -08 2 -14 -12 2 -19 -08 2 -14 -12 3 -11 -08 3 -02 -04 (The Landmark Commission is recommending the new appointment of Sean Thorson for the category of Title SearchlProperty Surveyor.) INDIVIDUALS EXPRESSING INTEREST: Jonathan Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (514/11) Timothy S. Craig Issac Gonzales William M. Kramer, Jr. Matt Teifke, Jr. Sean Thorson Pipefitter, Kiewitt Offshore Services. Received A.A.S. in drafting technology from The Victoria College. Resident of Corpus Christi area 36 years. (216112) Customer Service Representative, Signature Flight Support. Current College student majoring in Registered Nursing. Activities include: Special Olympics, Corpus Christi State School volunteer, former Mary Rhodes Memorial Committee. (11118111) Agent, Kramer Insurance Agency. Received a Bachelor's. in Political Science from Texas A &M University- Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Realtor, Garron Dean & Associates Realtors. Currently 3rd year student at Texas A &M University — Corpus Christi, with History major, Social Work minor. Activities include: Big Brothers/Big Sisters of South Texas. (Title Search) (Real Estate) (3127112) Sr. Mortgage Banker, Envoy Mortgage. Studied Business, at Bringham Young University. Received Ethics and Compliance Certification from WA State DFI, School of Mortgage Lending, Washington. Top Producer awards every year since 2000. Activities include: Founder of Pacific Coast Mortgage Dreams Charity, girls youth soccer coach, and former President of Sno -King Youth Club. (Title Search) (Real Estate) (6108111) _29_ d. WATER RESOURCES ADVISORY COMMITTEE — Five vacancies with terms to 4 -01 -14 representing the following categories: Apartment Owners Association, Port Industries, City School - istnct Lan scaping/Nnrsery/Horticulture interest,; and Citizen At Large. ` (Staff is recommending the postponement of the Port Industries Rep. and the Apartment Owners Association Rep. categories, pending recruitment of additional applications.) (Appointed by the Mayor with the approval of the City Council) DUTIES: To advise the City Council, City Manager and Water Superintendent in matters of water resources management. The City Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION: Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system; 1 - large commercial customer of the City water system, 1 - wholesale raw or treated water customer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the city, 1- representative of a military facility, 1 - representative of landscaping/nursery/horticulture interest; 1- representative of apartment owners associations and 1 - citizen at large. In addition, the Mayor may appoint one or two Council member(s) to serve as ex- officio member(s). ORIGINAL MEMBERS TERM APPTD. DATE Don Roach (Wholesale Treated) 4 -01 -13 9 -22 -09 Jeff Edmonds (Residential Cust.) 4 -01 -13 3 -11 -08 Michael Cox (Lg. Commercial) 4 -01 -13 3 -20 -07 *****Frank C. Brogan (Port Ind.) 4 -01 -12 12 -12 -06 *****Mary K. Fant (School District) 4 -01 -12 12 -12 -06 Donald K. Zimmerman (Military Facility) 4 -01 -13 4 -12 -11 *Michael Potter (Landscaping) 4 -01 -12 8 -31 -10 ***Cindy Boston (Apt. Owners) 4 -01 -12 8 -31 -10 *****Ruth Blake (Citizen at Large) 4 -01 -12 12 -12 -06 Council Member Larry Elizondo Ex- officio, non- voting 9 -22 -09 Council Member Mark Scott Ex- officio, non - voting . 9 -22 -09 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Michael Potter (Landscaping) NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 4 3 75% —30— INDIVIDUALS EXPRESSING INTEREST: Stephanie- Christina William M. Kramer, Jr. Scott Kucera Lucia Sosa Homemaker /Self- Employed. Received BBA in. Marketing. and Management, Human Resources Special Emphasis from University of Texas at Austin. Previously employed with Home First Rehab, Texas Dept. of Health, Travis County and Frito -Lay. Activities include: King High School PTA Board, First United Methodist Church, Mission 911- Reading Program, American Heritage Girls, Camden Place Alert Coordinator. (Citizen At Large) (3122112) 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. (Citizen At Large) (6117111) Energy and Facilities Coordinator, Corpus Christi Independent School District. Received Bachelors Degree from Texas Tech University, Lubbock, Texas. Employed with CCISD for 32 years. Activities include: Former member of City Crime Control and Prevention District, Park and Recreation Master Planning Committee, Harbor Bridge Master Plan Committee. (School District Rep.) (Citizen At Large) (3129112) Elementary Science Specialist, Corpus Christi Independent School District. Attended Del Mar College. Received Masters Degree in Curriculum and Instruction from Texas A &M University - Corpus Christi. Activities include: School Health Advisory Council, National Science and Teachers Association, and Science Teachers Association of Texas. Special Awards include: Teacher of the Year nominee, and Certificate of Award — 25 Years with CCISD. (She is willing to resign from the Museum Advisory Committee if appointed) (School District Rep.) (Citizen At Large) (04102/12) 3 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 4/10/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Lease purchase of two Bomag Tandem Vibratory Rollers Recommendation: Motion approving the lease purchase of two (2) Bomag Tandem Vibratory Rollers from Anderson Machinery, Corpus Christi, TX for a total amount of $196,960.00 of which $10,551.81 is required for fiscal . year 2011/2012. The award is based on the cooperative purchasing agreement with the Houston - Galveston Area Council of Governments (HGAC). The equipment will be used by the City's Street Department. All units are replacements to the fleet. Funds for the lease /purchase of the rollers will be provided by the City's lease /purchase financing program. BACKGROUND AND FINDINGS: The Street. Department's base failure, utility cut repair and level-up crews require the use of heavy (9 ton) steel wheel rollers to compact hot -mix asphalt used in street repair projects throughout the city. The current units have been in service for 14 to 17 years and the useful life of these rollers has been exhausted. The local Anderson Machinery Company will handle delivery to the City and provide warranty service and repairs. ALTERNATIVES: Not Applicable OTHER CONSIDERATIONS: The two Bomag Tandem Vibratory Rollers will be funded for a sixty -month period with an estimated interest rate of 2.75 %. The actual interest rate will be determined after acceptance of the equipment. The estimated annual payment for the two Bomag Rollers will be $42,207.24. Total estimated cost over the sixty month period, including principle of $196,960.00 and interest of $14,076.20, is $211,036.20. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON-EMERGENCY: -35- Not Applicable DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $721,064.92 $200,484.39 $921,549.31 $609,607.43 _ $211,036.20 Encumbered 1 Expended Amount $609,607.43 0.00 This item $10,551.81 $200,484.39 BALANCE $100,905.68 0.00 $100,905.68 Fund (s }: General Fund Comments: Lease payments are expected to commence on or about May 1, 2012. 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 -I 0 r NOIldI2I3S3 N C Z N ;aayg aaPd AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/5/2012 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, Director of Public Health °AP Annetter@cctexas.com 361- 826 -7205 CAPTION: Authorizing an extension for Women, Infant & Children Program at Corpus Christi - Nueces County Public Health District A. Resolution authorizing the City Manager or his designee to accept a six -month extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for April 1, 2012 — September 30, 2012, and to execute all related documents. B. Ordinance appropriating a grant amendment in the amount of $500,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program resulting from an extension of the term of the grant agreement; and declaring an emergency. BACKGROUND AND FINDINGS: The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that improves the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. This item approves an extension of the contract with the Department of State Health Services to provide services at the Corpus Christi-Nueces County Public Health District to over 5,000 low income women, infants, and children per month. The contract will extend from 4/01/2012 through 09/30/2012. This grant provides level funding. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the Corpus Christi - Nueces County Public Health District OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval required for acceptance of grant and aimropriation of grant funds. EMERGENCY /NON- EMERGENCY: Item required two readings. DEPARTMENTAL -CLEARANCES: ` Legal Finance - Federal Grant and Office of Management and Budget FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 500,354 500,354 Encumbered / Expended Amount This item 500,354 500,354 BALANCE Fund(s): Health Grant Fund Comments: No match funding required. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: ResoIution1Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Resolution authorizing the City Manager or his designee to accept a six-month- grant extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for April 1, 2012 — September 30, 2012, and to execute all related documents. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 'f. The City Manager or his designee is authorized to accept a six - month grant extension from the Texas Department of State Health Services for the Women, Infants, and Children Program for April 1, 2012 — September 30, 2012, and to execute all related documents. ATTEST: Armando Chapa City Secretary APPROVED: February 29, 2012 Eliza riF h R. Hundley Assi -nt City Attorney for the City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor EHres308 WIC GrantAmdmt 20/20229 Page 1 of 2 Corpus Christi, Texas day of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley /Wen Larry Eflzondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres308 WIC Grant Amdmt 20/20229 page 2 of 2 Ordinance appropriating a grant amendment in the amount of $600,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program resulting from an extension of the term of the grant agreement; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION t A grant amendment in the amount of $500,354 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for the Women, Infants, and Children Program, which resulted from an extension of the term of the grant agreement. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and.(2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: February 29, 2012 Eliza' h R. Hundley Assi ant City Attorney for the City Attorney EHord355 WIC Grant Arndmt 20120229 Joe Adame Mayor —45— Page 1 of 2 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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor 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 Eliord355 WIC Grant Amdmt 20120229 Page 2 of 2 • • L. 5 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: March 27, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P. E., Interim Director of Engineering Services danb ©cctexas.com (361) 826 -3729 RESOLUTION AUTHORIZING ADVANCE FUNDING AGREEMENT WITH TXDOT Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond issue 2008) AGENDA CAPTION: Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field. Road to Nile Drive (Bond Issue 2008) with the City's participation in the amount of $8,562. BACKGROUND AND FINDINGS: Williams Drive Phase 1 from Rodd Field Road to Nile Drive was approved by the voters as part of the 2008 Bond Election. The proposed project includes design and construction of a 4 -lane roadway with curb and gutter, sidewalks, ADA curb ramps, lane striping, pavement markings and street lighting. The intersection at Williams Drive and Nile Drive will be signalized, and the location of the signal at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive will be adjusted to accommodate the street improvements. A vehicle drop zone will be added for Smith Elementary School at the intersection of Williams Drive and Nile Drive. Utility lines, including water, wastewater, storm water, and gas, will be replaced and/or rehabilitated. The capacity of the storm water system will be increased by installing new box culverts. The City is responsible for 100% of the design and construction costs. This project triggers design review and construction oversight by TXDOT for the portion of the project that crosses State Highway 357 (Rodd Field Road). Improvements at the intersection of State Highway 357 (Rodd Field Road) include installation of additional box culverts, rehabilitating the underground sanitary sewer gravity line, relocation of signals, sidewalks, ADA curb ramps, and widening the roadway with new lane striping. The City of Corpus Christi will contribute an initial payment of $6,286 for Direct State Costs for preliminary engineering design review and- $2,276.00 before construction to cover Direct State Costs for oversight. Initial payment of $6,286 is due upon City execution of the Advance Funding Agreement. KIENGINEERING DATAEXCHANGEWELMAPISTREET0466 WILLIAMS DRIVEITXDOT ADVANCE FaNj2ING AGREEMENT11 AGENDA ITEM MEMO.DOCX ALTERNATIVES: 1. Execute the Advance Funding Agreement and proceed with the construction of Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008). 2. Eliminate- the construction within Rodd Field Road. OTHER CONSIDERATIONS: The City has obtained a permit from TXDOT to perform the work within the Rodd Field Road right -of- way; however, the City will not begin construction without the Advance Funding Agreement in place. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; RFQ No. 2008 -05 Bond Issue 2008 Projects; FY 2011 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Not applicable. FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 Encumbered / Expended Amount This item $8,562.00 $8,562.00 BALANCE $(8,562.00) _ $(8,562.00) undlsl: Street Comments: TXDOT will refund any excess amount paid by the City. The estimated total payment to the State from the City is $8,562. This is an estimate; and the final amount of the City's participation will be based on actual costs. RECOMMENDATION: It is recommended to execute the Advance Funding Agreement with the Texas Department of Transportation ( TXDOT) for installation of additional box culverts, rehabilitating the underground sanitary sewer gravity line, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008). 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 KIENGINEERING DATAEXCHANGEIVELMAPISTREEn6466 WILLIAMS ORIVEITXDOT ADVANU5[ERG AGREEMENTI1 AGENDA ITEM MEMO.DOCX File : \ Mproject \councilexh \exh6466C.dwg LOCATION MAP NOT TO SCALE WILLIAMS DRIVE, PHASE 1 FROM RODD FIELD ROAD TO NILE DRIVE _5i_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 =IV MN Resolution authorizing the City Manager, or designee, to execute an Advance Funding Agreement with the Texas Department of Transportation ( TXDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersection of State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008) with the City's participation in the amount of $8,562. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute an an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) for installation of additional box culverts, relocation of signals, and widening roadway at the intersectionrof State Highway 357 (Rodd Field Road) and Williams Drive for the Williams Drive Phase 1 from Rodd Field Road to Nile Drive (Bond Issue 2008) with the City's participation in the amount of $8,562. Section 2. The City Manager or designee is authorized to execute all related documents necessary to administer said AFA, including minor amendments thereto. ATTEST: Armando Chapa City Secretary AP1 i ROVED A • r\ IAA) TO F RM: 09 -Mar -12 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame Mayor J:11.ENG11 AGENDA ITEM S112\0410121041012 RESO AFAbox culverts, relocation of signals, widening HWY 357 (Rodd Field Rd.) and Williams.docx —52— Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 AGENDA, ITEM S11210410121041012 RESO AFAbox culverts, relocation of signals, widening HWY 357 (Rodd Field Rd.) and Williams.docx —53— CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For A Urban Area (Non -TMA) Corridor Projects (Drainage improvements) On- System 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, federal law establishes federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order Number 112943, authorizing the State to undertake and complete a highway improvement generally described as construct drainage improvements on SH 357 called the "Project "; and, WHEREAS, the Governing Body of the Local Government has approved entering into this agreement by resolution or ordinance dated , 20 is attached to and made a part of this agreement as Attachment "A" for the improvement covered by this agreement. A map showing the Project location appears in Attachment "B," which is attached to and made a part of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this agreement, it is agreed as follows: AFA- AFA_LongGen Page 1 of14— Revised 0510612011 CSi # 1069 -01 -033 District # 16 — Corms Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development AGREEMENT 1. Period of the Agreement This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. This agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work Install additional box culverts, relocate signals and widen roadway at the intersection of SH 357 and Williams Drive, as shown on Attachment "B ". 3. Local Project Sources and Uses of Funds A. The total estimated cost of the Project is shown in the Project Budget — Attachment °C ", which is attached to and made a part of this agreement. The expected cash contributions from the Federal or State government, the Local Governments, or other parties is shown in Attachment "C". The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State and the Federal Government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration. After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information_ . The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. B. If the Local Government will perform any work under this contract for which reimbursement will be provided by or through the State, the Local Government must complete training before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Government Project Procedures Qualification for the Texas Department of Transportation. The Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not designated a qualified individual to oversee the Project. C. This Project cost estimate shows how necessary resources for completing the Project will be provided by major cost categories. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non - federal or non -state participation costs associated with the Project, including any overruns in excess of the approved local AFA- AFA_LongGen Page 2 of Revised 05/06/2011 CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development project budget unless otherwise provided for in this agreement or approved otherwise in an amendment to this agreement. F. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the Project. 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 cost. G. 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. H. 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 to the State Project. I. Upon completion of the Project, the State will perform an audit of the Project costs. Any funds due by the Local Government, the State, or the Federal government will be promptly paid by the owing party. 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. J. The State will not pay interest on any funds provided by the Local Government. K. If a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local Project, unless this agreement is terminated at the request of the Local Government prior to completion of the Project. L. If the Project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the budget in Attachment C will clearly state the amount of the fixed price or the incremental payment schedule. M. If the Local government is an Economically Disadvantaged County and if the State has approved adjustments to the standard financing arrangement, this agreement reflects those adjustments. N. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 0. Payment under this contract beyond the end of the current fiscal biennium is subject to availability of appropriated funds. if funds are not appropriated, this contract shall be terminated immediately with no liability to either party. AFA -AFA LongGen Page 3 oL' 6 _ Revised 05/06/2011 CSd # 1069 -01 -033 ' District # 16 - Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development P. The Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by the State no more frequently than monthly, and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred, and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. Q. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this agreement. 4. Termination of this Agreement This agreement shall remain in effect until the project is completed and accepted by all parties, unless: A. The agreement is terminated in writing with the mutual consent of the parties; B. The agreement is terminated by one party because of a breach, in which case any cost incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS &E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Project is inactive for thirty -six (36) months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this agreement. 5. Amendments Amendments to this agreement due to changes in the character of the work, terms of the agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 6. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 7. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or state funds for the cost of required utility work. The Loca! Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA-AFA_LongGen Page 4 of 11 -57- Revised 05/06/2011 CSzl # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development 8. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid projects. A. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement. B. The Local Government is responsible for the cost of any environmental problem's mitigation and remediation. C. The Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. D. The Local Government is responsible for the preparation of the NEPA documents required for the environmental clearance of this Project. E. Before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental . clearances have been obtained. 9. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this agreement are in compliance with the Texas: Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101 -336) (ADA). 10. Architectural and Engineering Services The Local Government has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials design standards. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. 11. Construction Responsibilities A. The Local Government shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional AFA- AFA_LongGen Page 5 f le8_ Revised 05/06/2011 CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20,205 Not Research and Development work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. The Local Government will use its approved contract letting and award procedures to let and award the construction contract. C. Prior to their execution, the State will be given the opportunity to review and approve contract change orders. D. Upon completion of the Project, the party constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion. E. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. . 12. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for maintenance of state highway system after completion of the work if the work was on the state highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. . 13. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following addresses: Local Government: City of Corpus Christi Attn: City Manager P.O. Box 9277 Corpus Christi, TX 78469 -9277 State: Director of Contract Services Texas Department of Transportation 125 E. 111h Street Austin, Texas 78701 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided by 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. AFA- AFA_LongGen Page 6 of 11 Revised 0510612011 -59- CSJ # 1069 -01 -033 District # 16 -- Corpus Christi Code Chart 64 # 09800 Project: Widen intersection Federal Highway Administration CFDA # 20.205 Not Research and Development 15. Legal Construction If one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 16. 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. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. Ail documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 18. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 19. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A -87 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. 22. Inspection of Books and Records The parties to this agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly AFA- AFA_LongGen Page 7 of 1110_ Revised 05/06/2011 CSJ # 1069 -01 -033 District # 16 — Corpus Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development authorized representatives for review and inspection at its office during the contract period and 1./ for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making e� audits, examinations, excerpts, and transcriptions. cE 23. Civil Rights Compliance The Local Government shall comply with the regulations of the United States Department of i Transportation as they relate to non - discrimination (49 CFR Part 21 and 23 CFR Part 200), !ti �t! and Executive Order 1 1246 titled "Equal Employment Opportunity," as amended by Executive al Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 24. Disadvantaged Business Enterprise (DBE) Program Requirements A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall set an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall have final decision- making authority regarding the DBE goal and shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally- Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address httn: / /txdot.gov /business /business outreachlmou.htm. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT) - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non - discrimination in award and administration of DOT - assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this LPAFA. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this LPAFA. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub - contractor) must include the following assurance: The contractor, sub- recipient, or sub - contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material AFA- AFA_LongGen ric ni a ;0' lE id S. ie ni Y ill ar h{ le CE Page 8 of 11 Revised 05/06/2011 1' —61— CSJ 4t 1069 -01 -033 District # 16 — Corous Christi Code Chart 64 # 09800 Project: Widen Intersection Federal Highway Administration CFDA # 20.205 Not Research and Development ATTACHMENT C - PROJECT BUDGET Description ... ..�- __:r ederal fiate l ibipa oti Loc Pfi i } , y-4,'"'_...,,,4 _i tY t Cst} � Engineering/ Environmental (by Local Government) $ 57,146.00 0% 0% $0 100% $ 57,146.00 Construction . (by Local Government) $ 282,905.00 0% $0 0% $0 100% $ 282,905.00 Construction Engineering (by Local Government) $ 20,695.00 0% 0 0% $0 i 100% $ 20,695.00 iibt t :° .i $ 0,74 w ,$0 _„ $ $ OL, Direct State Costs for Preliminary Engineering $6,286.00 Environ. Direct State Costs (20 %) $ 1,257.00 0% $0 0% $0 100% $ 1,257.00' Right of Way Direct State Costs (20%) $ 1,257.00 0% $0 0% $0 100% $ 1,257.00 Engineering Direct State Costs (40 %) $ 2,515.00 0% $0 0% $0 100% $ 2,515.00 Utility Direct State Costs (20 %) $ 1,257.00 0% $0 0% $0 100% $ 1,257.00 Construction Direct State Costs $ 2,276.00 0% $0 0% $0 100% $ 2,276.00 Indirect State Costs , (7.�2q+7 %) $ 26,226.00 0% $0 100%-$ 26,226.00 0% $0 T T .. ,. . :�. 7. ._.'' .:3 ,534. O-$ . r..—.. ..,- ..- - -..,. -...... �, .' ;_ :.- ._, _. ... . .„ $ .26,226 00 .,F �.._.. -4, ;:... __ -, _ .,e. F}. .__..1 $ 36913Q8i1g0 ... Initial payment by the Local Government to the State: $ 6.286.00. Payment by the Local Government to the State before construction: $ 2,276.00. Estimated total payment by the Local Government to the State $ 8,562.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. AFA- AFA_LongGen Page 1 of 16 2_ Attachment C 6 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 3/612012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services DanB @cctexas.com (361) 826 -3729 CAPTION: TEXAS INTERNATIONAL BOAT SHOW Motion approving the temporary street closures of the Peoples Street T -head and the northbound lanes of Shoreline Boulevard (including the medians) from the north curb line of Schatzell Street to the south right -of- way of Taylor Street, beginning at 6:00 a.m. on Monday, April 16, 2012 and ending at 8:00 p.m. on Monday, April 23, 2012; for the Texas international Boat Show. BACKGROUND AND FINDINGS: The Texas International Boat Show will take place at the Corpus Christi Downtown Marina from April 19th through April 22nd, 2012. Street closures will begin on Monday, April 16th, 2012 at 6 am and end on Monday, April 23rd, 2012. The temporary street closures include the closure of the entire Peoples Street T -Head Water Access Area (encompassing Docks E, F, G, and H in the Marina), including boat slips and other amenities. The Boat Show will grant access by a golf cart, free of charge, to those individuals wishing to access Landry's Restaurant on the Peoples T -Head during set up time, before the event opens daily and after the event closes. Traffic control devices will be in place to provide for the safety and transportation needs for both pedestrians and vehicular traffic. All traffic control measures have been agreed upon under an existing 5 -year lease agreement with the City and its Corpus Christi Municipal Marina. Ms. Marion Bryant, of MMD Communications, has requested the City Council to approve the subject temporary street closures for the 2012 Texas international Boat Show, ALTERNATIVES: No Alternatives OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY ! NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable Fiscal Year: 2011-2012 Project to Date Expenditures (CIPonly) ---- Current Year Future Years TOTALS Line item Budget Encumbered Expended Amount Check Reimbursement This item BALANCE Fund(s): General Funds Comments: RECOMMENDATION; City Staff recommends the approval of MMD Communications Corp application for road usage to conduct the Texas International Boat Show. LIST OF SUPPORTING DOCUMENTS; Location Map Application 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 C EM, SUBJECT: TEXAS INTERNATIONAL BOAT SHOW TEMPORARY STREET & WATER CLOSURE APRIL 16 - APRIL 23 _67_ - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. City of r Co us Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT CorpusChrisli 41 -AinE aCld[ 1' 1. Name of Organization Sponsoring Event: NINcb (bolts tAtVirA71cikiS Cuz? Address: (W t S i E City: NOR_Tki ; &koc., State: cL. Zip: 35 Phone #: L-,1 c 2 c Fax #: c751 c L-C) Email: mdckk a t• Sot \ .cno. 2. Name of Proposed Event: 1 C S Et ' t Vk 61QAL. CAT S\ W L1 3. Date of Planned Event: PR1L_. �� t rl — tip AC)WW 4. Key Contact Individual MAP PM R.Q.1/F MT Phone #: 6 ! CS( T S 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE St. k- lib._.• to 1 .kI L (P 0 o -4-4 c� C aa„ y at lc a. _ t�i,LL. �JF tJ. � iLl it ♦ ill L A b. L a . wit ��1a.1. (4i al. 'L r�' _ i wirC L_ • L s 1 l Purpose of Event and Detailed Description of Activities Planned: 'V1 S e OP\ [ - H -e[d for \f rknrs can *1 e eh/NA amo,,AA St n 7. List foods and beverages to be served: R r'y. -u sir trkr TmifA - `7)LC1`' .11 -' _'t /' -. _ ALAS .. T •d CEETOi'8199 page 1 of 8 _68— u000 utgod dg0 :90 ET E2 qa j panto D N . 17-177 757(1t,QTQC .! SI Wri T(1: TT : c 7Tn7 'C7 A.12f1:1 aa- Le cuoly 8. Services Requested by the City: a hcb _(0[i 4 rtOCIA n , ski A �c�c v crz �s,r �wrl.0_ La c i n l,t(PC in CkY. Q j5N�x; i�� \. it ?1- nr,t - rat St reSi--FTri\Ac,t rink i-v n t mss, L}Ct r-, 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first-aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official leiter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; 13. All profits derived from the event shall be for charitable causes; C. Pay the City four- percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department. The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. n *Rory lira writtAn nntira and nntirr+ to hA raivan trz tanantc anri hi rilriin0 managers; and posting of same inside entrances to multi - tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; 1. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event J. All security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. r.^a r+ T r. 1 rs r nn Pagel of 8 _6g_ uno-, u T ans1 Bien ! on 7 T C7 as a K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event conclition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; 0. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk marking;; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Camival -type rides will not be permitted. V. Building and Electrical permits for a temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. Ev nt ChbithmaniOrganizer Signature Miv e()MklVilA4 J C{f- i [OMMS. (CV, Sponsoring Organization a- aorta. Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361-826-3547 • Fax: 361- 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 -70- INDEMNITY AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL MEN BY THESE PRESENTS WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against ail claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right-of-way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability Insurance coverage with a Contractual Liability endorsement and with minirnum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of c--TheagikA-f. 20 Permit Applict Signature \M COUIJUK)lCATLDKIS e , Company Name Page 4 of 8 —71— 7 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 3/6/2012 Ronald L. Olson, City Manager Daniel Biles, P.E., Interim Director of Engineering Service DanBQcctexas.com (361) 826 -3729 2012 BUC DAYS EVENTS CAPTION: Motion approving the temporary street closures application from the Buccaneer Commission for the 2012 Buc Days events to begin on April 13, 2012 through May 5, 2012. The following street closures will be required for the festivities: BBQ Challenge and Rodeo Truck Trailer Parking Beginning April 15, 2012 at 8:00 am through April 23, 2012 at 12:00 am; The street closure of North Broadway Street, between Fitzgerald Street and Brewster Street. The street closure of Fitzgerald Street between North Broadway Street and Mesquite Street. The street closure of Resaca Street between Chaparral Street and Shoreline Boulevard. The street closure of south bound Shoreline Boulevard between Resaca Street and the South Texas Art Museum. Carnival Beginning April 23, 2012 at 6:00 pm through May 07, 2012 at 9:00 am; The street closure of south bound Shoreline Boulevard between Kinney Street and Park Street. The street closure of Kinney Street between south and north bound Shoreline Boulevard. The street closure of Born Street between Water Street and south bound Shoreline Boulevard. The street closure of Broadway Court between Water Street and south bound Shoreline Boulevard. The street closure of Park Avenue south and north bound Shoreline Boulevard. BACKGROUND AND FINDINGS: The 2012 Buc Days festivities will begin on Monday, April 13, 2012 through May 5, 2012. This event will provide with entertainment and educational opportunities to area students by granting numerous scholarships. The Buccaneer Commission requested the above mentioned street section closures be approved by the City Council for 2012 Buc Days festivities. ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO DITY POLICY: Sec. 49 -17 EMERGENCY /NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only , Current Year Future Years _ TOTALS Line Item Budget Encumbered Expended Amount Check Reimbursement This item BALANCE Fund(s): General Funds Comments: RECOMMENDATION: City Staff recommends the approval from the Buccaneer Commission road closures for the 2012 Buc Days festivities. LIST OF SUPPORTING DOCUMENTS: Location Maps Application Insurance 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 N SCALE: 1n=350' HUGHES ST. TRUCK AND TRAILER PARKING AREA BUC DAYS RODEO BBQ CHALLENGE EVENT SITE HERIrACE PARK PALO ALTO St POWER ST. POWER dit SUBJECT: TEMPORARY STREET CLOSURES BUC DAYS BBQ CHALLENGE & RODEO TRUCK TRAILER PARKING _ = APRIL 15 - APRIL 23 w...rr - SITE PLAN - Traffic Engineering Div. Engineering Services Dept. N SCALE: N.T.S. i%Ifff1 /111/1 1 1 1 I 1 1 1 1 * aI I 1 1 1 1 I 1 1 2 1 1 T TEMPORARY STREET CLOSURE FOR BUC DAYS EVENT - 2012 - STREET CLOSURE McCAl1GHAN PARK McGEE BEACH IIMINIP MI= MOP =MI SUBJECT: TEMPORARY STREET CLOSURE FOR BUC DAYS EVENT - 2012 APRIL 23 - MAY 07 - SITE PLAN - Traffic Engineering Div, Engineering Services Dept, City of Corpus Christi City of Corpus Christi Department of Engineering Services Traffic Engineering APPLICATION FOR TEMPORARY CLOSURE OF STREET(S) PERMIT • 1. Name of Organization Sponsoring Event: Address: P.O . 3 O41-o4- Su cz vit.ef CD m a-1-1 ss, ory City: Corpus C% s-h State: i X Zip: -764 63 Phone #: C3(6. I) 8S2 -3? z, Fax #: (36 t) '882: Gam' S Email: armyC k c_cL y s covr 2. Name of Proposed Event: i3 PLC 'Deity s 2,0 1 2_ 3. Date of Planned Event: A 1 1 13 -- Kay. (v, 1 4. Key Contact individual Amy M-c- / Phone #: (34,0 739 895 5. Street(s) Requested for Closure, Dates and Times of Day: - DESCRIBE Ste. euffacli a -evtA± A 6. Purpose of Event and Detailed Description of Activities Planned: Stt 11-1- 7. List foods and beverages to be served: irn r Veid '. co' ift Ltufl 5 , k-o-F- ei D c15, ham 6t,L s 'I off vwDmekaLe, , 4 f or n to-e —tx Page 1 of 8 8. Services Requested by the City: Y\ra ( vrk_.e,- 9. Attach a diagram illustrating in detail the location of booths, stages, restrooms, first -aid stations, etc., that will be included in the event. 10. Enclose a check or money order for $200 to cover administrative costs of handling application, payable to the City of Corpus Christi (City Ordinance #20463, 9/20/88). 11. Attach an official letter of transmittal requesting approval of the event at least (30) day prior to the event date. 12. In consideration of obtaining a permit to close a City street for a public event, the applicant or sponsoring organization agrees to comply with the following applicable conditions: A. Admittance to said event shall be free; B. All profits derived from the event shall be for charitable causes; C. Pay the City four- percent (4 %) of the gross receipts derived from event, or reimburse the City for all costs incurred by the City in support of said event. Accurate financial records shall be maintained and payment shall be made to the city within sixty (60) days after the event ends. D. *Provide and maintain an insurance policy with the limits and requirements shown on the attached Exhibit "A ". E. *Completion of Indemnification Agreement; F. *Provision of a traffic control plan for event, to be coordinated with the Traffic Engineering Division and Police Department, The City shall be reimbursed for its installation of all traffic signage and barricading determined by the City to be necessary for safe control of the event. G. *Require written notice and notice to be given to tenants and building managers; and posting of same inside entrances to multi- tenant buildings. This notice is to be furnished and posted a minimum of 2 week prior to the required City Council meeting at which the motion to approve the Temporary Street Closure permit will be considered. H. Provide adequate number of restroom facilities to accommodate the anticipated public; I. Obtain the appropriate alcohol and food permits required by State and Local authorities, at least two (2) weeks prior to the event; J. Ali security other than perimeter traffic control shall be provided by sponsor; security shall consist of off -duty City Police officers, or other type security officially approved by the City. Page 2 of B -80- K. All construction of booths, stages, displays, electrical services and plumbing shall comply with City Codes. The final layout of booths shall be approved by the Director of Parks and Recreation; L. Provide for potable water within the event site; M. Provide first -aid stations; N. Provide continuous cleaning of the site during the event and return it to pre -event condition after event ends; 0. Restore any damaged City property promptly after event ends; P. Coordinate all phases of event with appropriate City departments to insure a safe and successful event; Q. Vehicles shall be prohibited from parking on grass areas within the street right -of -way. R. No obliteration or defacing of the street surface or sidewalk; except by chalk markings; S. All City Noise Abatement Ordinances shall be complied with; T. Allow for the free passage of emergency vehicles into event area in case of emergency; U. Carnival -type rides will not be permitted. V. Building and Electrical permits fora temporary promotional event, associated construction and Certificate of Occupancy are required. *Evidence that these conditions have been met must be presented to the City Traffic Engineer prior to the request being submitted to the City Council for final approval. f Event Chai an /Organizer Signatde 13 c Co vin .s, vi Sponsoring Organization Date Submitted For more information please contact: The City of Corpus Christi, Traffic Engineering Division at: Ph: 361 -826 -3547 • Fax: 361- 826 -3545 1201 Leopard St. Corpus Christi TX 78401 • PO Box 9277 Corpus Christi, TX 78469 -9277 Page 3 of 8 INDEMNITY AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF NUECES WHEREAS, Section iii of said standards, entitled Procedure and Permit Requirements, requires a contractor for a permit to close or block any part of a roadway to file a statement with the Director of Engineering Services Traffic Engineering Division indemnifying in the city against all claims or causes of action by reason of or arising from the closing or blocking of the roadway pursuant to a permit issued by the City. Now, therefore, in consideration for the issuance of a permit to the undersigned by the City of Corpus Christi, for the purpose of barricading, blocking or closing a street, alley or other public right -of -way in said City, said permit applicant agrees to indemnify and safe harmless and defended the City of Corpus Christi, its agents and employees from any and all claims, lawsuits, demands, liabilities, losses or expenses, including court costs and reasonable attorney =s fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damages to any property which arise or may be alleged to have arisen directly or indirectly, as a result of the granting of this permit. The Contractor, during the term of operations specified in this Public Right -of- Way Blockage Permit, will provide and maintain at the Contractor expense, Comprehensive General Liability insurance coverage with a Contractual Liability endorsement and with minimum limits of $1,000,000 Combined Single Limit for large events or $500,000 for small events as required by the Risk Manager of the City of Corpus Christi pursuant to Ordinance #19277. The City of Corpus Christi will be named as Additional Insured on the policy. Evidence of required insurance coverage with a Certificate of Insurance furnished to the Traffic Engineering Division prior to the proposed blockage under this permit. Witness my (our) hand(s) this date of Y1JL Y j 20 lg.., Permit Applicant ,'• vy c% nature Company Name Page 4 of 8 EXHIBIT A - INSURANCE REQUIREMENTS I. PERMITTEE'S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until been obtained and such insurance has been approved by the Ci subcontractor to commence work until all similar insurance re been obtained, B. Permittee must furnish to the City's Risk Manager, Certificate of minimum coverage by insurance company(s) acceptable to th must be named as an additional insured for the General Liabilii subrogation Is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSrr� Y 30 day written notice of cancellation, non - Bodily Injury and Property Damage renewal, material change or termination Is required on all certificates Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises — Operations 3. Underground Lazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 13. Broad Form Property Damage 7. Independent Contractors C. in the event of accidents of any kind, Permittee must furnish the Risk Manager with copies of all reports of such accidents within 10 days of any accident. 11. ADDITIONAL REQUIREMENTS A. Certificate of insurance: • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation in favor of the City is also required. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after 'left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations ". • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal or termination is required. 2008 Street Closure Permit ins. req. 5 -8 -08 ep Risk Mgmt. Risk Management Representative Approved Insurance Date Page 5 of 8 SCALE: 1 " =354' m HUGHES ST. HERBAGE PARIS FTTZGERAID ST. 2 ST. PALO ALTO ST. POWER ST. BUC DAYS RODEO BBQ ' EVENT SITE newnom: bye dGc.if.- 1 PICt clo i, iyu tke.rc. is oily two' access (.43449. L4 val i Dim A.f i i is-227 2 o rei ®- STREET CLOSURE EXHIBIT SUBJECT: STREET CLOSURES BUC DAYS EVENT SITE - SITE PLAN Traffic Engineering Div. Engineering Services Dept, —84— -85= •,s AS '5 xs 1 b Ao.3 0.01.5,5cen s2 6 JCI WICti 11:11:111,4 •■■••.Ardav 1.s sprzely 1,1 E- W 49 Wie lz19 maDt0i ss 41.1.0-apy 49 azion3 5 19 profPg.44 N pssq.Am.03 =dr.., f e . .r 4 P it - x is ai•ninapy k L. i Fs gr 1 t4,1 ;Alio; 43 +Obtbile 1.1Fbezo +0 .rtwao Lliitt.t (% 43 En w K 0 al 0 ,CD 2 „.....r) 11--• 7...; 0 a 7., m- '011-, Cr p. .t• 7,. w '-o i‘..) rn , '''.) ;7; .... ,-.... ■,-.1.) C) " 5 MN VI C. • -1. — CD a cti a ID 0 CD tb 47,000 .Rr • phz gist* A Kiges St z o s St. etas Z Fitnesaid S1. Palo Alto St. a a N Dyes St. Belden St. Maw St. Twipg 5t. 2 Z 0 - Starr St, z Peoples St. +S,,�,LL Taylor M. a &r. 11'441,27.st . Peoples Si. 'r4iead vrre tweaci N m 0 COopois A'fey St at 5' 3 iD N O g- It5 65 Rc+ C7 G pt. 5 e` z` rn � ro o c c`D 0. o. ra ' sa 0, ,fit tls 0 a Broadwa Furman Ave 5 Z^ C _89- A 3 Description of Site and Event Buc Days is a series of events produced by the Buccaneer Commission to provide fun, unique and family friendly entertainment for the citizens of Corpus Christi and the surrounding areas while raising money dedicated to scholarships and educational opportunities for area youth. The events include a PRCA Rodeo, a Festival with a world class Carnival, a Folldorico and Mariachi Competition, a BBQ Competition, Junior Parade, a Stadium Spectacular show followed by an Illuminated Night Parade, and much more. In 2011 over 45 scholarships were awarded. Event — Buc Days 2012 Festival (includes Carnival) - April 26 — May 6, 2012 Carnival will be set up in Destination Bayfront Site Hours: Thursday(26) and Friday(27) — 5pm — Midnight Saturday(28) — Noon — Midnight Sunday(29) —Noon — l Opm Monday(30) through Wednesday(2) — Spm — 10pm Thursday(3) and Friday(4) — 5pm — Midnight Saturday(5) — Noon — Midnight Sunday(6) — Noon — l Opm The festival includes an entertainment venue with live music and performance, unique vendors, and traditional carnival foods as well as some specialty offerings. There are special area dedicated to the little ones and geared toward their interests. Pirates, Street.performers, Texas Parks and Wildlife Expo and more will keep visitors entertained while they enjoy a beautiful site on Corpus Christi's premiere festival site. Buc Days Pro Rodeo South Texas Trail Ride — April 14, 2012 Arriving at Destination Bayfront Site at approximately 5pm The Trail Ride is back! The South Texas Trail Riders will be riding to the Destinatoiion Bayfront Site in support of the Rodeo. Their trip begins on Friday, April 13th at the Richard M. Borchard Fairgrounds and ends on Saturday night with a dinner and dance under the stars. PRCA Rodeo - April 19 — April 22, 2012 Rodeo will be held in the American Bank Center Arena Doors open 2 hours prior to show time Performance start time: Thursday(19) — 7:30pm Friday(20) — 7 :30pm Saturday(21) — 7:30pin Sunday(22) — 2pm BBQ Kick -Off Cook- Off — April 13 — April 14, 2012 Destination Bayfront Site, Parking Lot Hours: Friday(13) — 5 — Midnight Saturday(14) — Noon — Midnight Junior Parade — April . 28, 2012 Start Time: I I am The Junior Parade will begin near the American Bank Center and proceed down Shoreline Boulevard to the Destination Bayfront Site. See attached map. Illuminated Night Parade — May 5, 2012 The Illuminated Night Parade will once again follow the traditional route from just outside of Buc Stadium to Park Avenue and Shoreline Boulevard. It runs straight down Leopard Street to North Upper Broadway to downtown Corpus Christi. It then runs on Lawrence Street to Southbound N. Shoreline Boulevard ending at Park Avenue for break up. A °v CERTIFICATE OF LIABILITY INSURANCE p�2ao 1`�`' 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 la an ADDITIONAL INSURED, the policy(ies) must bs end orsed: If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not corder rights to the certificate holder In lieu of such endorsement(). PRODUCER Xa1iff Insurance P.O. Box 171225 San Antonio TX 78217-8225 T Nancy Rodriguez P cON e. (210J 829 -7634 In (21D }e2 -sass ,Arc N91 D nan @}saliff.COPE ADDREae: t`y ENSURER15) AFFORDING COVERAGE NAIC # a+suRERAtCertain Underwriters 8 Lloyds INSURED Buccaneer Commission P.O.Box 30404 Corpus Christi TX 79463 -0404 INSURER B AIM !Hanover Insurance Companies 2/1/2012 INSURER C r . ISSUED:RDr • X INSURER E s DAMAGE TO RENT PRE,IISESfEa. mainmast _INJRERF: I CLAIMS -MADE e OCCUR COVERAGES CERTIFICATE NUMBER;CL12224O9UO3 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWT+ISTANDING 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. INSIL LTa TYPE OF /NEURANCE ADDLSUB JIM - PAID POLICY NUMBER paucverr RAMIDOarmO PoUCY oz ttl ODEIIDYYID LIMITS A GENERAL LIABILITY FAM1,00513 2/1/2012 2/1/2013 - - EACH OCCURRENCE $ 1,000,000 a 100,000 X COMM9iCIAI GENERAL UAEILITY DAMAGE TO RENT PRE,IISESfEa. mainmast I CLAIMS -MADE e OCCUR LEOpol Ip,yanepitman) $ EXCL X Liquor Liability PERSONAL aADVINJURY $ 1,000,000 $1, 000,000 GENERAL AGGREGATE $ 2,000,00x- OEM_ AGOREOATE LIMITAPPLIES PER X� POLICY I� PJECr FILM PRODUCTS - COMP/OP ABG $ 2,000,000 $ S AUTOMOBILE LIABILITY AWDB9B9525 -01 2/1/2012 2/1/2013 CIAISINED SINGLE LIMIT Ma aaNdsn0 Z 1,000 400 X ANY AUTO HODILY INJURY (Per met) $ AUTOS OWNED HIRED AUTOS x SCHEDULED A S .. BODILY INJURY CPererxklaeq $ iPer meanUDANiAGE t 1 UMBRELLA LIAB EXCEDSUAAS I OCCUR CtAIMB -MAZE EACH OCCURRENCE 1 AGGREGATE $ DED I FRETENTION5 $ WORKERS COMPENSATION AND EMPLOYERS' LLAWILDIY WC STEM- JJOTH- =ORY I Ikl11 I L ER YIN ANY PHOPRIETOMPARTNERA;IXECUTAIE 0PP1C3eR/MEMBER DCCWDELD in /MEMBER ;Mandatory In NM ' 1 A E.L. E:AC}I ACCIDENT I EL DISEASE - EA EMPLOYEE 1 IF yes, daaoliba ubdar DESCRIPTION OF OPERATIONS helm EL. DISEASE. POLICY LIMIT 1 DESCRIP 10N OF OPERATIONS/ LOCATIONS! VEHICLES Attach ACORD 10 . Arhftland Remerha Sehadule, If more epee, Ns requ0n0 CERTIFICATE HOLDER Is 14DDITX0NAL =soma AS RESPECTS OPERATIONS OF THE NAMED INSURED FOR STJC DAYS • CERTIFICATE HOLDER CANCELLATION CITY OF CORPUS CHRISTI PO BOX 9277 CORPUS CHRISTI, TX 78469 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION BATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Mitchell !Ca1iff /RANGY ACORD 255 (2010/05) iN S1125 MINIM M 19$5- 2010ACII1311CORPORATIOIyI ...Alizights- reserved. Tito anno 1 Hama oral Innn are reniMfereri marks of Ar -iin 8 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 3/5/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com, 826 -3729 Approval of Contract for Professional Services for the Seawall Repairs, 2012 Project CAPTION: a. Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894.00, and .declaring an emergency. b. Motion authorizing City Manager, or designee, to execute a Contract for Professional Services with HDR Engineering of Corpus Christi, Texas, in the amount of $150,894.00 for the Bayfront Seawall Repairs. BACKGROUND AND FINDINGS: HDR Engineering completed a Final Seawall Assessment Report in 2009 which outlined the condition of the seawall and related flood protection structures. The Report included a list of projects including an establishment of a maintenance reserve for the Seawall. The Report documented a number of maintenance issues that needed to be addressed in the near future. After review by the Corpus Christi Business and Job Development Board and Engineering Department, HDR Engineering was requested to develop a project scope for Seawall repairs, and utilize a portion of the funds that had been set aside as a maintenance reserve. The Seawall Repairs 2012 project will be based on the Final Seawall Assessment Report and consist of the following: 1. Repair cracks on the McGee Beach Access Ramp surface) 2. Repair cracks at mid panels on Contract D (south end of Seawall) 3. Repair spalls at Cooper's Alley L -Head cap face 4. Repair spalls at Lawrence Street T -Head cap face 5. Replace 10 foot section of railing at south end of Art Museum 6. Repair apron paving cracks at the south east corner of the Art Museum 7. Repair spells with exposed reinforcing on front wall cap (17 locations) 8. Replace protective timber pile at panel 223 9. Repair cracks in front wall cap (3 locations) -.95_ 10. Replace concrete storm water outfali penetration box tops (16 Locations) 11. Replace missing front wall check valves (10 locations) 12. Replace expansion joints on Contract B -2B and B -1 (north end of Seawall) ALTERNATIVES: 1. Award the contract to HDR Engineering, Inc. as recommended 2. Do not select HDR Engineering, Inc. and issue a new RFQ to select an engineering firm for negotiation. OTHER CONSIDERATIONS: This project provides for necessary maintenance of the seawall flood protection system. CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2009 -2010 Conforms to requirements of the Corpus Christi Business and Job Development Board for appropriation and use of Type A funds for seawall maintenance. EMERGENCY / NON-EMERGENCY: NIA DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: OTHER Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item $150,894.00 $150,894.00 BALANCE - $150,894.00 4150,894.00 Fund(s): Seawall Fund Comments: This project was not included in the adopted Capital Improvement Plan (CIP) and the financial impact table reflects this. However, the project is a Type A Board approved project and funds for this contract are available. A subsequent construction contract is scheduled to be bid and awarded in FY2012 -2013. Funding for the construction contract will require future appropriation of surplus Seawall funds. RECOMMENDATION: It is recommended to execute a Contract for Professional Services -with HDR Engineering of Corpus Christi, Texas in the amount of $150,894.00 for the Seawall Repairs, 2012 project. 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 PROJECT BUDGET SEAWALL REPAIRS - 2012 Project No. E11090 April 10, 2012 FUNDS AVAILABLE: Seawall CIP Fund 150,900.00 Unappropriated Seawall Maintenance Reserves (Excess Sales Tax Proceeds)....... 4,000,000.00 4,150,900.00 FUNDS REQUIRED: Construction (Est.) 1,200,000.00 Contingencies (10 %)...... 120,000.00 Consultant Fees: Consultant (HDR Engineering) 150,894.00 Construction Managementllnspection (included in HDR Contract) Materials Inspection & Testing (TED) 18,000.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 33,000.00 Engineering Services (Project MgtiConstr Mgt/Traffic Mgt)... 42,000.00 Finance Issuance Costs 15,000.00 Misc. (Printing, Advertising, etc.) 16,000.00 Total 1,594,894.00 ESTIMATED PROJECT BUDGET BALANCE 2,556,006.00 Exhibit B Page 1 of 1 -98- Fife \Mprojecf\councilexhibfts exhEl 1090.dwg rig sag CORPUS N onusTy B .ay PROJECT LOCATION IJ Qc I lD. LOCATION MAP NOT TO SCALE T-1❑ \----i rENNITAW to ao �o y_ -00 oo % o ii ❑ �a� ❑� ,,o� ►'�i ❑� DEED /� �o����PA 1rn TODD -aa ❑ DEED 1 INTERSTATE 97 O0 ❑ ❑ ❑ E , E N-_000E L-Er 6®E❑❑[3❑❑ rjo0pii ❑ esa a EE1D E❑ ❑" Q En JL I= 7� °e eeep°0000 °rig cy j 'ooh ipoat 3 PROJECT SITES PROJECT # E11 090 NOT TO SCALE SEA WALL REPAIRS FOR 2012 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARiMEWT OF ENGINEERING SERVICES PAGE: 1 of 1 NNW NMI MEW IMP' MN lusaleforo _99- Page 1 of 2 Ordinance amending the FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 by adding Project #E11090 Bayfront Seawall Maintenance Repair Project; increasing expenditures in the amount of $150,894.00; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to add Project #E11090 Bayfront Seawall Maintenance Repair Project. Section 2. The FY 2012 Capital Improvement Budget adopted by Ordinance No. 029135 is amended to increase expenditures in the amount of $150,894.00. 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 shall take effect upon first reading as an emergency this the day of April, 2012. ATTEST: Armando Chapa City Secretary APPRO D as to form: 14- Mar -12 By: Veronica Ocanes Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor 041012 ORO Amending FY 2012 Cap lmprvmt Budget to add Bayfront Seawall Maintenance Repair Project —100— Page 2 of 2 Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelly Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 041012 ORD Amending FY 2012 Gap Imprvmt Budget to add Bayfront Seawall Maintenance Repair Project —1-01— 9 . AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 2/29/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Stephen Draper, Director, Department of Development Services 'D Stephen D @cctexas.com (361) 826 -3246 PUBLIC HEARING - CHANGE OF ZONING Urban Engineering (Case No. 0212 -01) Change from "RS -6" Single- family 6 to "RS -4.5" Single- family 4.5 on Tract 1 and "CH" Cottage Housing District Tract 2 Property Addresses: 7546 Slough Road PUBLIC HEARING - ZONING Case No. 0212 -01: Urban Enaineerinci: The applicant is requesting a change of zoning from the "RS -6" Single - family 6 District to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future land use. The property to be rezoned is described as Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). Planning Commission and Staff's Recommendation:(February 1, 2012): Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2. BACKGROUND AND FINDINGS: • The proposed change of zoning is adjacent to the new Zachary Kolda Elementary School and existing single family residential developments. • The proposed change of zoning is consistent with the projected future land use of the area. • The smaller lots will provide additional opportunities to construct homes less than the standard 6,000 square foot lots including a cottage development. ALTERNATIVES: Denial of the change of zoning to the "RS -4.5" Single- family 4.5 District and "CH" Cottage Housing District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. City Council Executive Summary Memorandum Urban Engineering (Case No. 0212 -01) Page 2 EMERGENCY / NON- EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year ' Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation (February 1, 2012): Approval of the requested change of zoning to the "RS -4.5" Single- Family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Interim Assistant City Manager K:I LEGAL \BHARED\LEGAI- DEV-SVCSS2012 AGENDA & NONAGENDA10212 -01 URBAN ENGINEERM-01 -2012, 0212.01 URBAN ENGINEERING, AGENDA MEMO BY.DOCX ZONING REPORT Case No.: 0212 -01 HTE No.: 12- 10000004 Planning Commission Hearing Date: February 1, 2012 Applicant & Legal Description Owner: Brooke Tract, LP Applicant/Representative: Urban Engineering Legal Description/Location: Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30 and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). Zoning Request From: "RS -6" Single - Family 6 District To: "RS -4.5" Single - Family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2 Area: 20.763 Acres Purpose of Request: To allow for the construction of single - family homes and a cottage development. Existing Zoning and Land Uses Traffic Volume 2007 Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - Family 6 Vacant Low Density Residential North "RS -6" Single - Family 6 Vacant Low Density Residential South "RS -6" Single - Family 6 Vacant & Low Density Residential _ Low Density Residential East "RS -6" Single - Family 6 & "FR" Farm Rural Vacant & Low Density Residential _ Low Density Residential West "RS -6" Single- Family 6 "FR" Farm Rural Vacant & Commercial Low Density Residential & Commercial A„ 2 es a o 5 p Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning to the "RS- 4.5" Single- family 4.5 District and "CH" Cottage District is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 041,031 Zoning Violations: None Staff's Summarx: • Requested Zoning: The purpose of the requested "RS -4.5" Single - family 4.5 District on Tract 1 and the "CH" Cottage Housing District on Tract 2 is to allow for the construction of single family homes and a cottage development. • Transportation and Circulation: The subject property fronts upon Slough Road, a collector street. The nearest intersection is Rodd Field Road, an arterial street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Slough Rd. 60' R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A Rodd Field Rd. 130' R.O.W., 79' paved 130' R.O.W., 79' paved Arterial N/A —107— Zoning Report Case #: 0212 -01, Urban Engineering Page 2 • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing homes. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning is consistent with future land use. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. Plat Status: Subject property is not platted. Department Comments: • The proposed change of zoning is adjacent to the new Zachary Kolda EIementary School and existing single family residential developments. • The proposed change of zoning is consistent with the projected future land use of the area. • The smaller lots will provide additional opportunities to construct homes than standard 6,000 square foot lots including a cottage development. Planning Commission's and Staffs Recommendation (February 1, 2012): Approval of the change of zoning to the "RS -4.5" Single Family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2. Number of Notices Mailed Total —19 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of January 27, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:ILEGAL SHAREDILEGAL- DEV.SVCSr2012 AGENDA & NONAGENDA10212 -01 URBAN ENGINEERING109 -01 -2012, 0212-01 URBAN ENGINEERING, ZONING REPORT (RS -6 TO RS-4.5 AND CH).DOC —108— CASE: 0212 -01 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Multlfamily1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park L ' light Industrial IH Heavy Industrial PUD Planned Unit DM/. Overlay RS-10 Single - Family 10 RS-s Single- Pam lly6 R5-4,5 Single - Family 4.5 RS-TF 1Wo•Family RS -15 SIngle- Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Pmperiy lingi Owners with 200' buffer in favor A Owners within 200'1410d on V Owners attached ownership table A In opposition cayo Del Qso SUBJECT e 04,4,,�� PROPERTY o. OCATION MAP' Ordinance amending the Unified Development Code (UDC), upon application by Urban Engineering on behalf of Brooke Tract, LP, Owner, by changing the UDC zoning map in reference to Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30, and 31, from the "RS -6" Single - family 6 District to the "RS -4.5" Single- family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2; amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Urban Engineering on behalf of Brooke Tract, LP, Owner, for amendment to the City of Corpus Christi UDC, and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 1, 2012, during a meeting of the Planning Commission, and on Tuesday, March 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, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION. 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on Flour Bluff and Encinal Farm and Garden Tracts, Section 26, 20.763 acres out of Lots 29, 30, and 31, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26), from "RS -6" Single - family 6 District to the "RS -4.5" Single - family 4.5 District on Tract 1 and "CH" Cottage Housing District on Tract 2, without resulting in a change of future land use (Zoning Map 041,031; Exhibit "A" - Planning Commission and Staff's Zoning 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. Page 2 of 3 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to form: This / Sfr day of a46/— eborah Walther Bro Assistant City Attorne For City Attorney , 2012 K:I Legal \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda10212 -01 Urban Engineering103 -01 -2012, 0212 -01 Urban Engineering, Draft Ordinance by EM.doc -1 1 1- Page 3 of 3 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 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 K: IL. ega[SHAFIEDILEGAL- DEV.5VCS12012 Agenda & NonAgenda10212 -01 Urban Engineering103 -01 -2012, 0212 -01 Urban Engineering, Draft ordinance by EM.doc — 1 1 2— 10 AGENDA MEMORANDUM . for the City Council Meeting of April 10, 2012 DATE: 3/6/2012 TO: FROM: CAPTION: Ronald L. Olson, City Manager Stephen Draper, Director /Building Official, Development Services StephenD@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Encore Multi - Family, LLC (Case No. 0212 -03) Change from "CG- 1" General Commercial District to "RM -2" Multifamily 2 District 6009 HoIIy Road PUBLIC HEARING — ZONING Case No. 0212 -03: Encore Multi- Family. LLC: The applicant is requesting a change of zoning from "CG- 1" General Commercial District to "RM -2" Multifamily 2 District, resulting in a change of future land use from commercial to medium density residential. The property to be rezoned is 8.80 Acres out of Lots 5 -C and 5 -D, Lokey Subdivision and Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "RM -2" Multifamily 2 District. BACKGROUND AND FINDINGS: • This rezoning request from "CG -1" to "RM -2" is not consistent with the adopted future land use plan or Southside Area Development Plan. Despite the inconsistency Development Services staff supports this rezoning request as it will contribute to the overall and ongoing in fill development presently occurring in this area of town. • Although the requested "RM -2" Multifamily 2 District is inconsistent with the adopted Southside Area Development Plan or Future Land Use Plan, both of which identify the area as remaining commercial development, property east of this tract was rezoned within the past five years to allow for the development of a similar apartment community which has enhanced the area become a successful multifamily apartment community. Property immediately west of this site has operated for years as a mini - storage facility and with commercial zoning reaming along HoIIy Road this proposed rezoning will act as a buffer between the single family residential use to the south and the higher density land uses west and north of the site. Necessary infrastructure exists to serve the proposed higher density uses but private. water service will need to be extended and looped. Additional traffic generated by this development will have minimal to no impact on the residential neighborhoods to the south as most of the apartment residents will empty onto Nodding Pines Drive in route to Holly Road. City Council Executive Summary Memorandum Encore Multi- Family, LLC (Case No. 0212 -03) Page 2 ALTERNATIVES: Denial of the requested change of zoning to the "RM -2" Multi - Family District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as continued commercial use. The proposed change in zoning is not consistent with the Southside ADP or the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage continued multi - family development including where adjacent to residential properties. This may be achieved by employing methods which minimize and mitigate the impacts of such uses where adjacent to low density residential uses through the employment of side yard buffers and installation of additional landscape areas. The request to the "RM -2" Multifamily 2 District would not be an expansion of any adjacent or existing zoning district but would complement the newly developed apartment community east of and across Nodding Pines Drive. This proposed development would assist in meeting the ever expanding demand for leasable residential space especially in the south side area which has experienced a major population growth and infill of historically vacant property over the past 20 years. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line Item Budget . Encumbered / Expended Amount This item BALANCE unacs): Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "RM -2" Multifamily 2 District. . K:I LEGAL \SHARED\LEGAL- DEV.SVC312012 AGENDA & NONAGENDA12012 AGENDA ITEMS\0212 -03, ENCORE MULTI- FAMILY, LLC103 -05 -2012, 0212 -03 ENCORE MULTI - FAMILY, LLC, Agenda Memo by 7R.doex -116- City Council Executive Summary Memorandum Encore Multi- Family, LLC (Case No. 0212 -03) Page 3 LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Toby Futrell, Interim Assistant City Manager K:( LEGAL ISHAREDILEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS104-10- 2012102112 -03, ENCORE MULTI- FAMILY, LLC103 -05 -2012, 0212 -03 ENCORE Multi- Family, LLC, Agenda Memo by 7R.docx -117- ZONING REPORT Case No.: 0212 -03 Planning Commission Hearing Date: February 15, 2012 0 3 a Applicant: Encore Multi- Family, LLC Owner: Paramount Elite Development, LLC Representative: Urban Engineering Legal Description/Location: Being 6.80 Acres out of Lots 5 -C & 5 -D, Lokey Subdivision & out of Lot 6, Section 12, Flour Bluff & Encinal Farm & Garden Tracts, Iocated along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive. w S From: "CG -I" General Commercial District To: "RM -2" Multifamily 2 District Area: 6.80 Acres Purpose of Request: To allow for the construction of an apartment house community consisting of 148 units with a common community club house and leasing office. Existing Zoning District Existing Land Use Future Land Use Site "CG -1" General Commercial Vacant Commercial North "CG -1" General Commercial Vacant Commercial South "RS -6" Single - family 6 • Low Density Residential Low Density Residential East "RM -1" Multi- family & " CG -2" General Commercial Medium Density Residential Commercial West "IL" Light Industrial Mini - Storage Light Industrial a A4.2 Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial. The proposed change in zoning to the "RM -2" Multifamily 2 District is not consistent with the Southside ADP or the adopted Future Land Use Map. Map No.: 042,034 Zoning Violations: None Staff's Summary: • Requested Zoning: To allow for the construction of an apartment house community consisting of 148 units with a community club house and leasing office. Office hours will be from 8 :00 AM to 5:30 PM. This project will require 296 parking spaces based on the UDC parking space requirement illustrated in Article 7.2.2 Table 7.2.2B Parking Ratios. • Transportation and Circulation: The subject property will have direct driveway access on to Nodding Pines Drive between Holly Road and Golden Canyon Drive. Nodding Pines Drive is a 60 -foot collector serving the neighborhoods south of Holly Road and is the first north/south collector west of Airline. Holly Road is identified as an "Al" Arterial with an existing 95 -foot right -of -way consisting of 4- travel lanes and a continuous left hand turning lane. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Nodding Pines Drive 60' R.O.W., 38' paved 60' R.O.W., 38' paved Local N/A Holly Raod 95' R.O.W., 62' paved 95' R.O.W., 62' paved Al Arterial 15,158 -118- Zoning Report Case #: 0212 -03, Encore Muth - Family, LLC Page 2 • Relationship to Smart Growth: While continuing to utilize existing infrastructure the proposed rezoning would have minimal impact with regards to smart growth. The proposed rezoning while not compliant with the long range development plan does tend to follow current redevelopment trends in and around this immediate area. The project provides additional housing opportunities and expands on the idea of a "walkable" community. With the variety and availability of multi -mode transportation, this development will not only serve the immediate neighborhood but will also serve the entire south side community by offering additional housing opportunities to help meet the continuously expanding demand for housing in this growing community. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property as continued commercial use. The proposed change in zoning is not consistent with the Southside ADP or the adopted Future Land Use Map of the Comprehensive PIan. The Comprehensive PIan and Southside ADP both encourage continued multi- family development including where adjacent to residential properties. This may be achieved by employing methods which minimize and mitigate the impacts of such uses where adjacent to low density residential uses through the employment of side yard buffers and installation of additional landscape areas. The request to the "RM -2" Multifamily 2 District would not be an expansion of any adjacent or existing zoning district but would complement the newly developed apartment community east of and across Nodding Pines Drive. This proposed development would assist in meeting the ever expanding demand for leasable residential space especially in the south side area which has experienced a major population growth and infill of historically vacant property over the past 20 years. Plat Status: Subject property is not platted. Department Comments: • Representatives from Encore have met with the residential property owners immediately adjacent to the proposed complex and have explained the proposed development in detail in an effort to gain an understanding of what concerns the residential property owners might have. • This rezoning request from "CG -1" to "RM -2" is not consistent with the adopted future land use plan or Southside Area Development Plan. Despite the inconsistency Development Services staff supports this rezoning request as it will contribute to the overall and ongoing in fill development presently occurring in this area of town. • If the applicant is granted a change of zoning from a commercial to the multifamily district, the Unified Development Code requires a complete Iandscape plan including a Zoning District Buffer Yard between the residential and industrial zoned properties. The Zoning District Buffer Yard is specifically detailed in Section 7.9.5. Table A, Required Zoning District Buffer Yard (New Development). This section will also require the continued maintenance of the existing solid screening fence adjacent to industrially used and zoned properties. —119— Zoning Report Case #: 0212-03, Encore Multi- Family, LLC Page 3 Staff Analysis: • Although the requested "RM -2" Multifamily 2 District is inconsistent with the adopted Southside Area Development Plan or Future Land Use Plan, both of which identify the area as remaining commercial development, property east of this tract was rezoned within the past five years to allow for the development of a similar apartment community which has enhanced the area become a successful multifamily apartment community. Property immediately west of this site has operated for years as a mini- storage facility and with commercial zoning reaming along Holly Road this proposed rezoning will act as a buffer between the single family residential use to the south and the higher density land uses west and north of the site. Necessary infrastructure exists to serve the proposed higher density uses but private water service will need to be extended and looped. Additional traffic generated by this development will have minimal to no impact on the residential neighborhoods to the south as most of the apartment residents will empty onto Nodding Pines Drive in route to Holly Road. Planning Commission and Staff Recommendation (February 15, 2012): Approval of the change of zoning to the "RM -2" Multifamily 2 District. ID Number of Notices Mailed Total — 24 within 200' notification area; 0 outside notification area Favor Opposition — 5 (inside notification area); 0 (outside notification area) — 0 (inside notification area); 0 (outside notification area) For 0.0% As of February 15, 2012 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K: 1LEGAL\SHARED\LEGAL-DEV.SVCS\2OI2 AGENDA & NONAGENDA\2012 AGENDA 1TEMSW212-O3, ENCORE MULTI-FAMILY, LLC10212.03, ENCORE, ZONING REPORT.DOC -120- Ordinance amending the Unified Development Code (UDC), upon application by Encore Multi- Family, LLC, on behalf of Paramount Elite Development, LLC, Owner, by changing the UDC zoning map in reference to 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and out of Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, from the "CG -1" General .Commercial District to the "RM -2" Multifamily 2 District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing . a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Encore Multi - Family, LLC, on behalf of Paramount Elite Development, LLC, Owner, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 15, 2012, during a meeting of the Planning Commission, and on Tuesday, April 10, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on 6.80 acres out of Lots 5 -C and 5 -D, Lokey Subdivision and out of Lot 6, Section 12, Flour Bluff and Encinal Farm and Garden Tracts, located along the west side of Nodding Pines Drive between Holly Road and Golden Canyon Drive, resulting in a change of future land use (Zoning Map 042,034; 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. GULFWAY AIRLINE PARK 1 4:o 2.. WINDOHAS FLOUR BL w-1 /27/20 WQ04ORIDGE "AR* Department of d • e I p m e ris CASE: 0212-03 2, SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 MuNifemlly 1 RM-2 Multifamily 2 RM-3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CNA Neighborhood Commercial CN-2 Neighborhood Commercial CR-1 Resort Commercial CR-2 Resort Commercial CG-1 General Commercial CG-2 General Commercial CE intensive Commercial CEO Downtown Commercial CR-3 RESOrt COM RI ercial FR Farm Rural H Historic Overlay BP Business Park EL Light Industrial EH Heavy Industrial PIM Planned Unit Dev. Overlay RS.10 Single-Family 10 RS-0 Single-Family RS-4.5 Single-Family 4.5 RS-TF Two-Family RS-15 Single-Family IS RE Residential Estate RS-TH Townhouse sP Special Permit RV Recreational Vehicle Park Rim Manufactured Home Subject Property Owners wi 200' buffer th in favor 4 Owners within 200' Hsted on V Owners "T attached ownership table A kr opposition -122- Page 2 of 3 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This 77416 day of , 2012. .„6 eborah Wal er Bro Assistant City Attorney For City Attorney K:1 Legal\SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -03, Encore Multi - family, LLC103- 06-12, 0212 -04 Encore MF, LLC, CG -1 to AM -2, Ordinance, PC -Staff Pen DRAFT by EM,doc —123 Page 3 of 3 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 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 K:1 LegaRSHARED\LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -03, Encore Multi - family, LLCI03- 06 -12, 0212 -04 Encore MF, LLC, CG -1 to RM -2, Ordinance, PC- frec DRAFT by EM.doc WINDCH,4S FLOUR BL '! -1 SUBJEC PROPERTY P & ENC CG -2 OQLDRWA REEK CE RIDGE CREEK #8. FLOUR FP & 14 Q. 0 LIJRIDG — �- 12 CO WOOLD E CR EK #8 WOOLDRIDGE et Department of rJSrnor lapmen aes CASE: 0212 -03 Exhibit A Planning Commission & Staff Recommendation From: "CG- 1" General Commercial District To: "RM -2" Multifamily 2 District Ordinance No. 1LOCATION MAP -125- 11 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 3/6/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director /Building Official, Development Services StephenD@cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING City of Corpus Christi (Case No. 0212 -04) Change from "CN -1" Neighborhood Commercial District to "RS -4.5" Single- family 4.5 District Property Addresses: 6093 Dunbarton Oak Drive CAPTION: PUBLIC HEARING -- ZONING Case No. 0212 -04: City of Corous Christi: The applicant is requesting a change of zoning from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - family 4.5 District, resulting in a change of future land use from commercial to low density residential. The property to be rezoned is Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive. Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. BACKGROUND AND FINDINGS: • Lot 9A, Block 2, Cimarron Center is one of the last single - family size Tots at approximately 6,010 square feet available for new home construction in this immediate area. This lot will comfortably accommodate the planned construction of a one -story single- family residential structure with driveway access onto Earhart Drive. • The proposed change is inconsistent with the projected future land use of the area but because of the Dunbarton Oak Drive realignment and the residual "CN -1" Neighborhood Commercial District boundary which was based on the original alignment of Dunbarton Oak Drive, the subject property is left essentially as an isolated and undersized "CN -1" District lot. The rezoning of this property from the "CN -1 "District to the "RS -4.5" Single - Family 4.5 District would be in the best interest of the neighborhood and in keeping with the overall community and continuity of the area. ALTERNATIVES: Denial of the requested change of zoning to the "RS -4.5" Single- family 4.5 District. OTHER CONSIDERATIONS: N/A City Council Executive Summary Memorandum City of Corpus Christi. (Case No. 0212 -04) Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial use. The proposed change in zoning is inconsistent with both the adopted Future Land Use Map of the Comprehensive Plan and Southside Area Development Plan; however, over the past several years and since the adoption of the aforementioned plans development trends and the alignment of existing right -of -ways has changed. The Comprehensive Plan and Southside ADP encourage residential development and with the demand for more affordable housing on the increase staff supports the applicant's request of rezoning from "CN -1" Neighborhood Commercial to the "RS -4.5" Single - Family 4.5 allowing for the proposed residential construction. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (C1P only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE runats : Comments: RECOMMENDATION: Piannino Commission and Staffs Recommendation (February 15, 2012): Approval of the change of zoning to the "RS -4.5" Single- family 4.5 District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy Garza, Assistant City Manager Toby Futrell, Interim Assistant City Manager K:\ Legal \SHARED\LEGAL -DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA 1TEMS10212 -04, City of Corpus Christi103 -05 -2012, 0212 -04 City of Corpus Christi, Agenda Memo by 7R.docx — 1 3 i] ZONING REPORT Case No.: 0212-04 Planning Commission Hearing Date: February 15, 2012 Applicant & Legal Description Applicant: City of Corpus Christi • Owner: Ramey & Son Homes, LLC Representative: City of Corpus Christi Legal Description/Location: Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Barnhart Drive. Zoning Request From: "CN -1" Neighborhood Commercial District To: "RS -4.5" Single - family 4.5 District Area: 0.138 Acre (6,011 square feet) Purpose of Request: To allow for the construction of a single family residential home. Existing Zoning and Land Uses Traffic v 200e Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Vacant Commercial North "CN -1" Neighborhood Commercial Commercial Commercial South "RS -4.5" Single-family 4.5 Low Density Residential Low Density Residential East "RS -4.5" Single- family 4.5 Low Density Residential _ Low Density Residential West "RS-6" Single - family 6 Low Density Residential Low Density Residential so o a Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for commercial. The proposed change in zoning to the "RS -4.5" Single - family 4.5 District is not consistent with the Southside ADP or the adopted Future Land Use Map. Map No.: 043,033 Zoning Violations:. None Staff's Summary: • Requested Zoning: The purpose of the requested "RS -4.5" Single- family 4.5 District is to allow for the construction of a single family residence. • Transportation and Circulation: This corner lot property fronts on Dunbarton Oak Drive and Barnhart Drive with driveway access permitted onto Barnhart Drive. bunBarton Oak Drive has restricted driveway access and serves as a minor collector connecting traffic between Cimarron Boulevard to the east and Patti Drive to the west. Earnhart Drive serves as a local residential street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic v 200e Dun Barton Oak Drive 60' R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A Barnhart Drive 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing a home. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning although not consistent with the future land use does create continuity within the neighborhood by removing what would be an undersized and isolated commercial lot. —131— • Comprehensive Plan & Southside Area Development Plan Consistency: Zoning Report Case #: 0212 -04, City of CC Page 2 The Comprehensive Plan and the Southside Area Development Plan (ADP) slate the subject property for commercial use. The proposed change in zoning is inconsistent with both the adopted Future Land Use Map of the Comprehensive Plan and Southside Area Development Plan; however, over the past several years and since the adoption of the aforementioned plans development trends and the alignment of existing right -of -ways has changed. The Comprehensive Plan and Southside ADP encourage residential development and with the demand for more affordable housing on the increase staff supports the applicant's request of rezoning from "CN -1" Neighborhood Commercial to the "RS-4.5" Single - Family 4.5 allowing for the proposed residential construction. Plat Status: Subject property is platted as Lot 9A, Block 2, Cimarron Center. Department Comments: • The proposed change of zoning is immediately adjacent to two large single - family residential communities, Dunbarton Oaks Subdivision to the west and Cimarron Estates Subdivision to the south. North of the subject property and across Dumbarton Oak Drive is a newly constructed Wal- Mart Retail Center and to the east of the site is the eastward extension of Dunbarton Oak Drive. • Lot 9A, Block 2, Cimarron Center is one of the last single- family size lots at approximately 6,010 square feet available for new home construction in this immediate area.. This lot will comfortably accommodate the planned construction of a one -story single - family residential structure with driveway access onto Earhart Drive. • The proposed change is inconsistent with the projected future land use of the area but because of the Dunbarton Oak Drive realignment and the residual "CN -1" Neighborhood Commercial District boundary which was based on the original alignment of Dunbarton Oak Drive, the subject property is left essentially as an isolated and undersized "CN -l" District lot. The rezoning of this property from the "CN -1 "District to the "RS -4.5" Single - Family 4.5 District would be in the best interest of the neighborhood and in keeping with the overall community and continuity of the area. Planning Commission and Staff Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. 04 V Number of Notices Mailed Total — 17 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of February 15, 2012 Attachments: 1. . Site — Existing Zoning, Notice Area, & Ownership map K :1 Legal \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA 1TEMS10212 -04, City of Corpus Christi10212 -04, City of CC, Zoning Report.doc —1 3 2— Ordinance amending the Unified Development Code (UDC), upon application by the City of Corpus Christi on behalf of Ramey and Son Hones, LLC, Owner, by changing the UDC zoning map in reference to Cimarron Center, Block 2, Lot 9A, from the "CN -1" Neighborhood Commercial District to the "RS -4.5" Single - family 4.5 District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of the City of Corpus Christ, on behalf of Ramey and Son Homes, LLC, Owner, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 15, 2012, during a meeting of the Planning Commission, . and on Tuesday, April 10, 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 citizen. 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 Cimarron Center, Block 2, Lot 9A, located on the southwest corner at the intersection of Dunbarton Oak Drive and Earnhart Drive, resulting in a change of future land use (Zoning Map 043,033; 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. DUNBARTON OAK UN 2 !N QAICS 6 3CIMARRON CENTER SUBJECT PROPERTY a •wAgti UNL Olt S. UN 8 8 01/31/2012 CASE: 021 2 -04 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM -1 Muhltamlly1 RM -2 Multifamily RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commerclal CG -1 General Commercial CG -2 General Commerclal CI Intensive Commercial CED Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light industrial 1H Heavy Industrial PUD Planned Unit Dee Overlay RS -10 Singie- FamIIy10 RS-6 Single- Family 6 RS-4.5 Single -Fern Ily 4.5 RS-TF Two- Family RS -t5 Single- Family 15 RE Residential Estate RS-TH Townhouse Sp Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Owners with 200' baler In favor 4 Owners within 200' listed on fj/ Owners attached ownership table A in apposition -fM -2444 'LOCATION MAP -134- Page 2of3 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame. City Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: This / day of 'Lel— , 2012. (#2/001ef Cga � - borate Wa ther Brow Assistant City Attorney For City Attorney K:1 LegaPSHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -04, City of Corpus Christi1o3 -o6. 12, 0212 -01 City of CC, CN -1 to RS -4.5, Ordinance, PC -Staff Re.. is - EM.doc Page 3 of 3 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. Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Ellzondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott KALegaIISHARED \LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS10212 -04, City of Corpus Chrisf103 -06- 12, 0212 -01 City of CC, CN -1 to RS -4.5, Ordinance, PC -Staff Hof 3159Fr by EM.doc CN -1 WI 440 et e� D 4titit". -s-6 7 1 3 le DUMBARTON OAK UN 2 N G fi to tcr 1 �L GE ' T 50 UN 44W C N - 1 CIMARRON CENTER ARTON OAKS UN 3SUBJECT PROPERTY 2 CASE: 02.1 2 -04 Exhibit A Planning Commission & Staff: Recommendation From: "CN -1" Neighborhood Commercial District To: "RS -4.5" Single- Family 4.5 District Ordinance No. DP Of/3l /2012 red By: SRR ere Services aa� 4 4* SUBJCT PRO ERTY M 1 ]LOCATION MAP City of Cotpus Chnsti —137— 12 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: 3/7/2012 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director /Building Official, Development Services StephenD @cctexas.com (361) 826 -3246 CAPTION: PUBLIC HEARING - CHANGE OF ZONING Flint Hills Resources Corpus Christi (Case No. 0212 -02) Change from RS -6" Single Family 6 District, "RS -6" Single Family 6 District/Special Permit/78 -16 and "RS -TF" Two Family District/Special Permit/78 -16 to "CG -1" Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2 3221 Ebony Street PUBLIC HEARING — ZONING Case No. 2012 -02 Flint Hills Resources Corpus Christi, LLC The applicant is requesting a change of zoning from RS -6" Single Family 6 District, "RS -6" Single Family 6 District/Special Permit/78 -16 and "RS -TF" Two Family District/Special Permit/78 -16, to "CG -1" General Commercial on Tract 1 and "IL" Light Industrial on Tract 2, resulting in a change of future and use. The property to be rezoned is 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right -of -way) and Baymoor Boulevard (50 -foot right -of -way), all in the Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. BACKGROUND AND FINDINGS: • The proposed change of zoning is adjacent to a large refinery area comprised of storage tanks and the associated containment berms, service valves and pipe arrays, and other industrial uses which .aid in the processing and storage of petroleum products. Over the past decade a major pipeline corridor was expanded and routed precisely through this immediate area. • This Tess intensive parking area use and Tight industrial service area use is in keeping with the 200 foot buffer paralleling along Interstate Highway 37. The residential buy -out areas were intended to mitigate the potential for injury to the general public by providing a long term buffer area in the event of a blast or catastrophic event while at the same time, serve industry in a variety of functions such as temporary turn around parking, staging areas and material lay down yards. K:I LEGAL ISHAREDILEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS10212 -02, FLINT HILLS PARKING103 -05 -2012, 0212- 02 FLINT HILLS RESOURCES CC, LLC, Agenda Memo by JR.docx _ 1 41 _ City Council Executive Summary Memorandum Flint Hilts Resource Corpus Christi, L.L.C. (Case No. 0212 -02) Page 2 ALTERNATIVES: Denial of the requested change of zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Westside Area Development Plan (ADP) slate the subject property for continued low density residential uses. The proposed change in zoning is inconsistent with the adopted Future Land Use Map of the Comprehensive Plan. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE und(s): Comments: RECOMMENDATION: Planning Commission and Staff's Recommendation (February 15, 2012): Approval of the change of zoning to the "CG -1" General Commercial District on Tract 1 and "IL" Light Industrial District on Tract 2. K:I LEGAL ISHAREDILEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS10212 -02, FLINT HILLS PARKJNG103 -05 -2012, 0212- 02 FLINT HILLS RESOURCES CC, LLC, Agenda Memo by ]R.docx —1 4 2- City Council Executive Summary Memorandum Flint Hills Resource Corpus Christi, L.L.C. (Case No. 0212 -02) Page 3 LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Rudy Garza, Assistant City Manager Toby Futrell, Interim Assistant City Manager K: ILEGALISHAREDILEGAL- DEV.SVCS12012 AGENDA & NONAGENDA12012 AGENDA ITEMS10212 -02, FLINT HILLS PARKING103 -05 -2012, 0212- 02 FLINT HILLS RESOURCES CC, LLC, Agenda Memo by 3R.docx —143— ZONING REPORT Case No.: 0212 -02 Planning Commission Hearing Date: February 15, 2012 Applicant: Flint Hills Resources Corpus Christi, LLC Agent/Representative: Maverick Engineering. Inc. Owner: Flint Hills Resources Corpus Christi, LLC Legal Description/Location: 9.586 acre tract of land being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, and a portion of Ebony Street and Baymoor Boulevard, all in the Baymoor Addition, located north of Interstate Highway 37 and west of Nueces Bay Boulevard. From: "RS -6" Single - Family 6 District, "RS- 6/SP- 78 -16" Single - Family 6 District with a Special Permit, and "RS- TF /SP- 78 -16" Two - Family District with a Special Permit, To: "CG -1" General Commercial District on Tract 1 & "IL" Light Industrial District on Tract 2 Area: 9.586 Acres Purpose of Request: To allow for the construction of two new paved parking Iots and the refurbishing of a third existing parking.lot (Tract 1) along with an industrial area located north of and behind the parking lot areas (Tract 2). The additional 377 parking spaces will serve as plant employee and contractor parking during refinery turnarounds and other plant related projects. Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single- family 6, "RS- 6/SP" Single - family 6 with a Special Permit, & "RS- TF/SP" Two - family with a Special Permit Vacant & Light Industrial Low Density Residential North "O.C.L." Outside City Limits & "IL" Light Industrial Light & Heavy Industrial Heavy Industrial South "RS -6" Single- Family 6 290 feet of IH -37 & beyond IH -37 R.O.W Low Density Residential Low Density Residential East "RM -1 " Multifamily 1 & "CG -2" general Commercial Vacant - Buffer Zone Open Space West "IH" Heavy Industrial Light & Heavy Industrial Heavy Industrial Area Development Plan: The subject property is located in the Westside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning from "RS -6" Single- Family 6 District, "RS- 6/SP- 78 -16" Single- Family 6 District with a Special Permit, and "RS- TF /SP- 78 -16" Two - Family District with a Special Permit to the "CG -1" General Commercial District and "IL" Light Industrial District is not consistent with the Westside ADP or the adopted Future Land Use Map. Map No.: 048,045 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the zoning request from "RS -6 ", "RS- 6ISP/78 -16" and "RS- TF /SP /78 -16" to the "CG -1" and "IL" District is allow Flint Hills Refinery to construct and operate three individual parking areas resulting in an additional 377 parking spaces with a fourth area to be used as Iight industrial. These four areas will accommodate employees and contractors during refinery turnaround procedures and provide a concentrated and more efficient parking and light industrial service area. —144— Zoning Report Case #: 0212 -02, Flint Hills Page 2 • Transportation and Circulation: This multi -block property fronts along the north side of Interstate Highway 37. Access into these areas will utilize existing street right -of -ways and three existing intersection points at Baymoor Boulevard, Ebony Street, and Huisache Street all located along the north frontage road of Interstate Highway 37 between Nueces Bay Boulevard to the east and Buddy Lawrence Drive to the west. reet ).W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Interstate 290 foot R.O.W., 250' 290 foot R.O.W., 250' Freeway) 10,422 N Highway 37 paved paved Expressway 1,512 S • Relationship to Smart Growth: The proposed change of zoning will allow for the continued redevelopment and improvement of refinery owned property formerly utilized as residential property. The proposed redevelopment of the property will allow for the construction and use as three (3) employee parking areas with a fourth area serving as a light industrial activities area. This fourth area will be located to the rear or north of the site behind the proposed parking areas and adjacent to the existing heavy industrial uses. Use of the existing infrastructure will be minimal and the proposed change of zoning would have little to no impact regarding smart growth. The proposed change of zoning though not consistent with the future land use plan does create continuity within a predominantly industrialized area by removing property that is being underutilized and logistically isolated. • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Westside Area Development Plan (ADP) slate the subject property for continued low density residential uses. The proposed change in zoning is inconsistent with the adopted Future Land Use Map of the Comprehensive Plan. Plat Status: Subject property consists of numerous platted lots. Department Comments: • The proposed change of zoning is adjacent to a large refinery area comprised of storage tanks and the associated containment berms, service valves and pipe arrays, and other industrial uses which aid in the processing and storage of petroleum products. This multi -block site is a remnant portion of the Baymoor subdivision located along the north and south sides of Interstate Highway 37. This portion of the Baymoor was bisected and left isolated along the north side of Interstate Highway 37 with the construction of I1-1-37 in the late 1960's. This remnant portion remained a neighborhood in transition or a "NIT" for the next 35 to 40 years with all traces of the once residential area being removed by mid 2002. Over the past decade a major pipeline corridor was expanded and routed precisely through this immediate area. • Although this proposed change is inconsistent with the projected future land use for this area, a use such as this will provide a much needed less intensive industrial use buffer while at the same time shortening the walking and driving distance for refinery service employees and refinery contractors. These proposed parking areas will consolidate and reduce the overall number of existing smaller, isolated and spread -out parking areas in and around the Flint Hills facility. -145- Zoning Report Case #: 0212 -02, Flint Hills Page 3 • This less intensive parking area use and light industrial service area use is in keeping with the 200 foot buffer paralleling along Interstate Highway 37. The residential buy -out areas were intended to mitigate the potential for injury to the general public by providing a long term buffer area in the event of a blast or catastrophic event while at the same time, serve industry in a variety of functions such as temporary turn around parking, staging areas and material lay down yards. • Although requesting this change of zoning for this property from "RS -6" Single Family 6 District, "RS- 6/SP- 78 -16" Single - Family 6 District with a Special Permit, and "RS- TF /SP- 78 -16" Two- Family District with a Special Permit to the "CG -I" General Commercial District and "II," Light Industrial District is inconsistent with the adopted plans this request is in keeping with the recent and ongoing development trends in this area. Staff supports this request in that it is in the best interest of the neighborhood south of and across Interstate Highway 37 as well as the interest and overall safety of this community. Interstate Highway 37 is one of the City's premiere access points and major evacuation routes before, during and after a natural disaster such as a tropical storm or hurricane. Therefore, the proposed uses will protect this corridor. Planning Commission and Staff Recommendation (February 15,2912): Approval of the change of zoning to the "CG -1" General Commercial District on Tract 1 & "IL" Light Industrial District on Tract 2. Number of Notices Mailed Total — 66 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0 % As of February 9, 2012 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:I LEGALISHAREDILEGAL- DEV.SVCS'2012 AGENDA & NONAGENDA12012 AGENDA ITEMS10212 -02, FLINT HILLS PARKINGI0212 -02, FLINT HILLS CC, LLC, ZONING REPORT BYJR.DQC _1 4 6- Ordinance amending the Unified Development Code (UDC), upon application by Flint Hills Resources Corpus Christi, LLC, by changing the UDC zoning map in reference to 9.586 acres of land, being all of Lots 134 -140, 191 -227, and a portion of Lots 141 -146, 187- 190, and 228 -239, a portion of Ebony Street and Baymoor Boulevard, all in the Baymoor Addition, from the "RS -6" Single - family 6 District, "RS -6" Single- family 6 District/Special Permit/78 -16 and "RS -TF" Two Family District/Special Permit/78 -16, to "CG -1" General Commercial on Tract 1 and "IL" Light Industrial on Tract 2; amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Flint Hills Resources Corpus Christi, LLC, for amendment to the City of Corpus Christi UDC, and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 15, 2012, during a meeting of the Planning Commission, and on Tuesday, April 10, 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, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on 9.586 acres (280,335.3 sq. ft.) of land, being all of Lots 134- 140, 191 -227, and a portion of Lots 141 -146, 187 -190, and 228 -239, a portion of Ebony Street (50 -foot right -of -way) and Baymoor Boulevard (50 -foot right -of -way), all in the Baymoor Addition, from "RS -6" Single- family 6 District/Special Permit/78-16 and "RS- TF" Two - Family District/Special Permit/78-16, to "CG -1" General Commercial on Tract 1 and "IL" Light Industrial on Tract 2, located north of Interstate Highway 37 and west of Nueces Bay Boulevard, resulting in a change of future land use (Zoning Map 048,045; Exhibit "A" - Planning Commission and Staffs Zoning 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 Page 2 of 3 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to form: This day of , 2012 Deborah Walther Brown Assistant City Attorney For City Attorney C:1Documents and SettingslMaryJ.CCPD1\Application Data\ C5144777d1c8f- 7fc0- 4f50- bOdf- 7437f1dfecOf.doc Page 3 of 3 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. Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi 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 C:1Documents and SettingslMaryJ.CCPD1\Application Data1 t51tr1777d1c8f- 7fc0- 4f50- bOdf- 7437fldfecOf.doc CASE: 0212-02 Exhibit A Planning Commission & Staff Recommendation From: RS -6" Single Family 6 District, "RS -6" Single Family 6 District/Special Permit/78- 16 and "RS -TF" Two Family District/Special Permit /78 -16 TO: "CG -1" General Commercial District on Tract land "IL" Light Industrial District on Tract 2 Ordinance No. LOCATION MAP 13 AGENDA MEMORANDUM for the City Council Meeting of March 27, 2012 DATE: 11/30/2011 TO: Ronald L. Olson, City Manager THROUGH: Oscar R. Martinez, Assistant City Manager OscarM @cctexas.com (361) 826 -3897 FROM: Dan Biles, Interim Director of Engineering DanBcctexas.com (361) 826 -3729 CAPTION: Authorizing the execution of TxDOT Municipal Maintenance Agreement. Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision, and regulation of certain State Highways and/or portions of State Highways in the City of Corpus Christi. BACKGROUND AND FINDINGS: Chapter 311 of the Transportation Code gives the City exclusive dominion, control and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter into agreements with the State to fix responsibilities for maintenance, control, supervision and regulations of State highways within and through its corporate limits. Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter agreements with cities to fix responsibilities for maintenance, control, supervision and regulation of State highways within and through the corporate limits of such cities. The local Executive Director, acting on behalf of the Texas Transportation Commission has made it known to the City that the State will assist the City in the maintenance and operation of State highways within the City, conditioned that the City will enter into agreements with the State for the purpose of determining responsibilities of the parties. ALTERNATIVES: The City of Corpus Christi could continue to operate under the current 1983 Municipal Maintenance Agreement. OTHER CONSIDERATIONS: The proposed agreement does not materially change the responsibilities of either party from the prior —153- agreement, but it does update the attached map exhibits to clarify highway names and update minor updates. Also, the proposed agreement allows the City, at its sole discretion, to maintain areas which are the responsibility of the State for preparation of special events or requests. CONFORMITY TO CITY POLICY: City Council approval is necessary in order to execute the MMA and to appropriate funds. EMERGENCY ,I NON- EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Storm Water /Street Engineering Management and Budget Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item • BALANCE Comments: Funds to cover the cost of the City required to maintain the areas specified in the agreement are subject to the program of work approved in the annual budget. RECOMMENDATION: Staff recommends passage of the Resolution. LIST OF SUPPORTING DOCUMENTS: Attachment A - Proposed Municipal Maintenance Agreement (MMA) Resolution directing City staff to enter into negotiations to execute proposed MMA Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager -154- Texas Department of Transportation MUNICIPAL MAINTENANCE AGREEMENT STATE OF TEXAS COUNTY OF TRAVIS § THIS AGREEMENT made this Form 1036 (Rev. 12108} Page 1 of 6 day of , 2010, by and between the State of Texas, hereinafter referred to as the "State," party of the first part, and the City of (population - , 2000, latest Federal Census) acting by and through its duly authorized officers, hereinafter called the "City," party of the second part. WITNESSETH WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements with the State to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through its corporate limits; and WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter agreements with cities to fix responsibilities for maintenance, control, supervision, and regulation of State highways within and through the corporate limits of such cities; and WHEREAS, the Executive Director, acting for and in behalf of the Texas Transportation Commission, has made it known to the City that the State will assist the City in the maintenance and operation of State highways within such City, conditioned that the City will enter into agreements with the State for the purpose of determining the responsibilities of the parties thereto; and WHEREAS, the City has requested the State to assist in the maintenance and operation of State highways within such City: AGREEMENT 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, it is agreed as follows: For this agreement, the use of the words "State Highway" shall be construed to mean all numbered highways that are part of the State's Highway System. -155= Form 103B (Rev. 12/08) Page 2 of 6 COVERAGE 1. This agreement is intended to cover and provide for State participation in the maintenance and operation of the following classifications of State Highways within the City: A. Non - Controlled Access highways or portions thereof which are described and /or graphically shown as "State Maintained and Operated" highways in Exhibit "A," which is attached hereto and made a part hereof. • B. All State highways or portions thereof which have been designated by the Texas Transportation Commission or maintained and operated as Controlled Access Highways and which are described and/or graphically shown in Exhibit "B," which is attached hereto and made a part hereof. 2. In the event that the present system of State highways within the City is changed by cancellation, modified routing, or new routes, the State will terminate maintenance and operation and this agreement will become null and void on those portions of the highways which are no longer on the State Highway System; and the full effect and all conditions of this agreement will apply to the changed highways or new highways on the State Highway System within the City; and they shall be classified as "State Maintained and Operated" under paragraph 1 above, unless the execution of a new agreement on the changed or new portions of the highways is requested by either the City or the State. 3. Exhibits that are a part of this agreement may be exchanged with both parties' written concurrence. Additional exhibits may also be added with both parties' written concurrence. GENERAL CONDITIONS 1. The City authorizes the State to maintain and operate the State highways covered by this agreement in the manner set out herein. 2. This agreement is between the State and the City only. No person or entity may claim third party beneficiary status under this contract or any of its provisions, nor may any non-party sue for personal injuries or property damage under this contract. 3. This agreement is for the purpose of defining the authority and responsibility of both parties for maintenance and operation of State highways through the City. This agreement shall supplement any special agreements between the State and the City for the maintenance, operation, and /or construction of the State highways covered herein, and this agreement shall supersede any existing Municipal Maintenance Agreements. 4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies have been completed by the State and /or City and approved by the State. 5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate, warn, and guide traffic on State highways within the State right -of -way except as mentioned in this paragraph and elsewhere in this agreement. At the intersections of off- system approaches to State highways, the City shall install and maintain all stop signs, yield signs, and one -way signs and any necessary stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage' roads, if such exist. The City shall install and maintain all street name signs except for those mounted on State maintained traffic signal poles or arms or special advance street name signs on State right -of -way. All new signs installed by the City on State right -of -way shall meet or exceed the latest State breakaway standards and be in accordance with the Texas Manual on Uniform Traffic Control Devices, latest edition and revision. All existing signs shall be upgraded on a maintenance replacement basis to meet these requirements. 6. Subject to approval by the State, any State highway lighting system may be installed by the City provided the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in those installations specifically covered by separate agreements between the City and State. -156- Form 1016 (Rev. 12108) Page .of6 7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for weight, length, height, or width as prescribed by Chapters 621, 622, and 623 of the Transportation Code for public highways outside corporate limits of cities. The City shall also, by ordinance/resolution and enforcement, prescribe and enforce lower weight limits when mutually agreed by the City and the State that such restrictions are needed to avoid damage to the highway and /or for traffic safety. 8. The City shall prevent future encroachments within the right -of -way of the State highways and assist in removal of any present encroachments when requested by the State except where specifically authorized by separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any other obstruction within the right -of -way without prior approval in writing from the State. 9. Traffic control devices such as signs, traffic signals, and pavement markings, with respect to type of device, points of installation and necessity, will be determined by traffic and engineering studies. The City shall not install, maintain, or permit the installation of any type of traffic control device which will affect or influence the use of State highways unless approved in writing by the State, Traffic control devices installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the City agrees to the removal of such devices which affect or influence the use of State highways unless their continued use is approved in writing by the State. It is understood that basic approval for future installations of traffic control signals by the State or as a joint project with the City, will be indicated by the proper City official's signature on the title sheet of the plans. Both parties should retain a copy of the signed title sheet or a letter signed by both parties acknowledging which signalized intersections are covered by this agreement. Any special requirements not covered within this agreement will be covered under a separate agreement. 10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA standards. The city is responsible for the maintenance of these items. 11. If the City has a driveway permit process that has been submitted to and approved by the State, the City will issue permits for access driveways on State highway routes and will assure the grantee's conformance, for proper installation and maintenance of access driveway facilities, with either a Local Access Management Plan that the City has adopted by ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted to the State a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. If the City does not have an approved city -wide driveway permit process, the State will issue access driveway permits on State highway routes in accordance with the City's Local Access Management Plan, adopted by city ordinance and submitted to the State or, if the City has not adopted by ordinance and submitted a Local Access Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's Access Management Manual. 12. The use of unused right -of -way and areas beneath structures will be determined by a separate agreement. NON - CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to non - controlled access State highways in addition to the "General Conditions" contained herein above. Non - controlled access State highways or portions thereof covered by this section are those listed and /or graphically shown in Exhibit "A." State's Responsibilities (Non - Controlled Access) 1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered and maintain the shoulders. 2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State resources are available. 3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by the City and if State resources are available. 4. Assist in snow and ice control to supplement City resources when requested by the City and if State resources are available. -157- Form 1D30 (Rev. 12.J6) Page4oi6 5. Maintain drainage facilities within the limits of the right -of -way and State drainage easements. This does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits. 6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and normal markings (except as provided under "General Conditions" in paragraph 5). In cities with less than 50,000 population, this also includes school safety devices, school crosswalks, and crosswalks installed in conjunction with pedestrian signal heads. This does not include other pedestrian crosswalks. Any other traffic striping desired by the City may be placed and maintained by the City subject to written State approval. 7. Install, operate, and maintain traffic signals in cities with Tess than 50,000 population. 8. In cities equal to or greater than 50,000 population, the State may provide for installation of traffic signals when the installation is financed in whole or in part with federal -aid funds if the City agrees to enter into an agreement setting forth the responsibilities of each party. City's Responsibilities (Non - Controlled Access) 1. Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have been conducted to determine it the State highway is of sufficient width to permit angle parking without interfering with the free and safe movement of traffic. 2. Install and maintain all parking restriction signs, pedestrian crosswalks [except as provided in paragraph 6 under "State's Responsibilities (Non - Controlled Access) "], parking stripes, and special guide signs when agreed to in writing by the State. Cities greater than or equal to 50,000 population will also install, operate, and maintain all school safety devices and school crosswalks. 3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the City (except as provided under "General Conditions" in paragraph 5). 4. Require installations, repairs, removals, or adjustments of publicly or privately owned utilities or services to be performed in accordance with Texas Department of Transportation specifications and subject to approval of the State in writing. 5. Retain all functions and responsibilities for maintenance and operations which are not specifically described as the responsibility of the State. The assistance by the State in maintenance of 'drainage facilities does not relieve the City of its responsibility for drainage of the State highway facility within its corporate limits except where participation by the State is specifically covered in a separate agreement between the City and the State. 6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any variations will be handled by a separate agreement. 7. Perform mowing and litter pickup. 8. Sweep and otherwise clean the pavement. 9. Perform snow and ice control. CONTROLLED ACCESS HIGHWAYS The following specific conditions and responsibilities shall be applicable to controlled access highways in addition to the "General Conditions" contained herein above. Controlled access State highways or portions thereof covered by this section are those listed and/or graphically shown in Exhibit "B." -158- Form 1038 (Rev. 12108) Page 5 of State's Responsibilities (Controlled Access) 1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath such traveled surface necessary for the proper support of same under vehicular loads encountered. 2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right -of -way width where no frontage roads exist, and assist in performing these operations between the right -of -way line and the outermost curb or crown line of the frontage roads in undeveloped areas. 3. Sweep and otherwise clean the through lanes, ramps, separation structures or roadways and frontage roads. 4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the availability of equipment and labor will allow on the frontage roads and grade separation structures or roadways. 5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all normal markings and signs, including sign operation if applicable, on the main lanes and frontage roads. This includes school safety devices, school crosswalks and crosswalks installed on frontage roads in conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks. 6. InstafI, operate, and maintain traffic signals at ramps and frontage road intersections unless covered by a separate agreement. 7. Maintain all drainage facilities within the limits of the' right-of-way and State drainage easements. This does not relieve the City of its responsibility for drainage of the highway facility within its corporate limits. City's Responsibilities (Controlled Access) 1 Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when parallel parking on one side is approved by the State in writing. Prohibit all parking on main lanes and ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by passing and enforcing ordinances/resolutions and taking other appropriate action in addition to full compliance with current laws on parking. 2. When considered necessary and desirable by both the City and the State, the City shall pass and enforce an ordinance /resolution providing for one -way traffic on the frontage roads except as may be otherwise agreed to by separate agreements with the State. 3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal, or adjustment is undertaken, crossing over or under the highway facility or entering the right -of -way. In the event of an emergency, it being evident that immediate action is necessary for protection of the public and to minimize property damage and loss of investment, the City, without the necessity of approval by the State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State of this action as soon as practical. 4. Pass necessary ordinances /resolutions and retain its responsibility for enforcing the control of access to the expressway/freeway facility. 5. install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in paragraph 5 under "State's Responsibilities "), and parking stripes when agreed to by the State in writing. Signing and marking of intersecting city streets to State highways shall be the full responsibility of the City (except as discussed under "General Conditions" in paragraph 5). 6. Mow and clean up litter between the right -of -way line and the outermost curb or crown line of the frontage roads in undeveloped areas, defined as the real property identified in a plat or replat of a subdivision properly recorded in the county clerk's office in accordance with Property Code, §12.002, on which development has not commenced. The city_ 5_ �:.t at the city's discretion, in performing these Farm 1036 (Rev. 12/08) Page 6of6 operations within the outermost curbs of the frontage roads or the entire right -of -way width where no frontage roads exist. TERMINATION All obligations of the State created herein to maintain and operate the State highways covered by this agreement shall terminate if and when such highways cease to be officially on the State highway system; and further, should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this agreement upon 30 days written notice. Upon termination, all maintenance and operation duties on non - controlled access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the Texas Transportation Code. The State shall retain all maintenance responsibilities on controlled access State highways in accordance with the provisions of Chapter 203 of the Texas Transportation Code, 23 United States Code § 116. Said State assumption of maintenance and operations shall be effective the date of execution of this agreement by the Texas Department of Transportation. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of • day of, 2010, and the Texas Department of Transportation, on the day of , 2010. ATTEST: THE STATE OF TEXAS Executed and approved for the Texas Transportation CITY OF Commission for the purpose and effect of activating and/or carrying out the orders, and established policies or work programs heretofore approved and BY authorized by the Texas Transportation Commission (Title of Signing Official) BY District Engineer District The Texas Department of Transportation maintains the information collected through this form. With few exceptions, you are entitled on request to be informed about the information that we collect about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review this information. Under Section 559.004 of the Government Code, you are also entitled to have us correct information about you that is incorrect. For more information, call 512/416 -3048. NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City Secretary Certificate. Forrn No. 1937 Ordinance September 1996 ORDINANCE NO. AN ORDINANCE APPROVING THE AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE CITY OF FOR THE MAINTENANCE, CONTROL, SUPERVISION AND REGULATION OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN. THE CITY OF AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF: SECTION 1. That the certain agreement dated , between the State of Texas and the City of for the maintenance, control, supervision, and regulation of certain State Highways and/or portions of State Highways in the City of and the same is, hereby approved; and that is hereby authorized to execute said agreement on behalf of the City of and to transmit the same to the State of Texas for appropriate action. SECTION 2. The fact that the work contemplated under the above mentioned agreement is needed, creates an emergency which for the immediate preservation of the public peace, health, safety, and general welfare requires that this Ordinance take effect immediately from and after its passage and it is accordingly so ordained. PASSED: ATTEST: Secretary APPROVED: City of Clerk Mayor APPROVED AS TO FORM: City Attorney -161- Form No. 1037 Resolution September 1996 RESOLUTION NO. A RESOLUTION APPROVING THE AGREEMENT DATED BETWEEN THE STATE OF TEXAS AND THE CITY OF FOR THE MAINTENANCE, CONTROL, SUPERVISION, AND REGULATION OF CERTAIN STATE HIGHWAYS AND /OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF AND PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SECTION 1. That the certain agreement dated , between the State of Texas and the City of for the maintenance, control, supervision, and regulation of certain State Highways and/or portions of State Highways in the City of be, and the same is, hereby approved: and that is hereby authorized to execute said agreement on behalf of the City of and to transmit the same to the State of Texas for appropriate action. PASSED: ATTEST: Secretary APPROVED: City of Clerk Mayor APPROVED AS TO FORM: City Attorney -162- Form No. 1037.1 MUNICIPAL MAINTENANCE ORDINANCE AN ORDINANCE PROVIDING FOR THE MAINTENANCE OF CERTAIN STATE HIGHWAYS AND/OR PORTIONS OF STATE HIGHWAYS IN THE CITY OF COUNTY OF, , TEXAS, HEREBY REFERRED TO AS MUNICIPAL MAINTENANCE PROJECT AND AUTHORIZING THE MAYOR OF THE CITY OR OTHER AUTHORIZED CITY OFFICIAL, TO EXECUTE AND AFFIX THE CORPORATE.SEAL AND ATTEST SAME. A CERTAIN AGREEMENT BETWEEN THE CITY AND THE STATE OF TEXAS, PROVIDING FOR THE MAINTENANCE AND USE OF THE SAID MAINTENANCE PROJECT; AND DECLARING AN EMERGENCY AND PROVIDING THAT THIS ORDINANCE SHOULD BE EFFECTIVE FROM AND AFTER ITS PASSAGE. WHEREAS, the Public convenience, safety, and necessity of the City, and the people of the City require that State Highway routes within the City be adequately maintained; and WHEREAS, the City has requested that the State of Texas enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State of Texas has made it known to the City that it will, with its own forces and equipment and at its sole cost and expense enter upon and maintain said project, conditioned upon the provisions concerning Liabilities and responsibilities for maintenance, control, supervision, and regulation which are set out in the form attached hereto, made a part thereof, and marked MUNICIPAL MAINTENANCE AGREEMENT; and WHEREAS, said project consists of those State Highways and /or portions thereof which are described and included in the form attached hereto and marked MUNICIPAL MAINTENANCE AGREEMENT. NOW, THEREFORE, BE IT ORDAINED by the SECTION 1. That the public convenience, safety, and necessity of the City and the people of the City require said project be adequately maintained. SECTION 2. That the State of Texas be and is hereby authorized to enter upon and maintain said maintenance projects. SECTION 3. That the Mayor, or proper City official, of the City, be and is . hereby authorized to execute for and on behalf of the City an Agreement with the State of Texas, in accordance with and for the purpose of carrying out the terms and provisions of this order, in the form attached hereto, made a part hereto, and marked MUNICIPAL MAINTENANCE AGREEMENT. The City Secretary is hereby directed to attest the agreement and to affix the proper seal of the City thereto. SECTION 4. The Mayor of the City, having requested in writing that this ordinance take effect forthwith and there being in fact an emergency and imperative necessity that the work herein provided for be begun and carried out promptly and with expedition and that the agreement aforesaid shall be immediately made, executed and delivered to the end that such work herein provided for may be begun and carried out promptly and with expedition. The reading of the ordinance on three several days is hereby dispensed with and the same shall be in full force and effect from and after its passage. —163— Form No. 1037 -2 STATE OF TEXAS § COUNTY OF TRAVIS § , the duly appointed, qualified, and acting city secretary of the City of , Texas, hereby certify that the foregoing pages constitute a true and correct copy of an ordinance duly passed by the City Council at a meeting held an , A.D., 20, at o'clock ❑ a.m. ❑ p.m To certify which, witness my hand and seal of the City of TEXAS, this due day of , 20_, at , Texas. City Secretary of the City of ; Texas MMA Amendment (Rev. D1 / B) Page 1 of 9, THE STATE OF TEXAS § THE COUNTY OF TRAVIS § AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE FURNISHING, INSTALLING, OPERATION AND MAINTENANCE OF CAMERAS ON STATE HIGHWAY RIGHTS -OF -WAY TO MONITOR COMPLIANCE WITH TRAFFIC- CONTROL SIGNALS THIS AMENDMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State ", and the City of hereinafter called the "City ", acting by and through its duly authorized officers. WITNESSETH WHEREAS, the State owns and maintains a system of highways and roadways in the City of pursuant to Transportation Code, Section 201.103; and WHEREAS, the State and the City executed a Municipal Maintenance Agreement on and WHEREAS, the City has requested permission to install cameras on state highway rights -of -way to monitor compliance with traffic - control signals, hereinafter referred to as "camera monitoring equipment ", at the locations listed on Exhibit A attached hereto and made a part of hereof; and WHEREAS, the State has determined that when the City's installation of camera monitoring equipment will not damage the highway facility, impair safety, impede maintenance, or in any way restrict the operation of the highway, the proposed camera monitoring equipment may be installed by the City or its contractor; 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, it is agreed as follows: AMENDMENT ARTICLE 1. CONTRACT PERIOD This amendment becomes effective on final execution by the State and shall remain in effect as long as said camera monitoring equipment is in operation at the described locations. ARTICLE 2. TERMINATION This amendment may be terminated by one of the following conditions: 1) By mutual agreement of both parties; 2) By the State giving written notice to the City as consequence of failure by the City or its contractor to satisfactorily perform the services and obligations set forth in this amendment, with proper allowances being made for circumstances beyond the control of the City or its contractor. The State's written notice to the City shall describe the default and the proposed termination date. If the City cures the default before the proposed termination date, the proposed termination is ineffective; or 3) By either party upon thirty (30) days written notice to the other. Termination of this amendment shall not serve to terminate the underlying Municipal Maintenance Agreement between the State and the City. ARTICLE 3. COMPENSATION No compensation shall be paid for this amendment. -165- MMA Amendment (Rev. 01106) Page 2of4 ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL A. The City will use labor and supervisory personnel employed directly by the City or its contractor, and use City owned or contractor owned machinery, equipment, and vehicles necessary for the work. In the event that the City or its contractor does not have the machinery, equipment, and vehicles necessary to perform the work, the machinery, equipment, and vehicles may be rented or leased as necessary. B. No reimbursement shall be paid for any materials supplied by the City or its contractor. C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to reconstruction or alteration of the intersection shall be performed by the City at the City's expense. The State will work with the City to provide adequate notice of any planned work to allow for the necessary modification or removal. D. All installation or maintenance work performed by the City or its contractor requiring traffic control shall be performed in accordance with the Texas Manual on Uniform Traffic Control Devices. ARTICLE 5. INSPECTION OF WORK A. The City or its contractor will furnish the State a complete set of design drawings and installation plans for review. The installation plans shall include all electrical, electronics, signing, civil and mechanical work pertaining to the camera monitoring equipment. B. The State reserves the right to inspect and request modification of any camera monitoring equipment under this agreement both prior to and after installation. No installation may occur until the State has approved the proposed installation. C. The State reserves the right.to inspect and approve the completed installation. D. The State will promptly notify the City or its contractor of any failure of materials, equipment, or installation methods, and the City dr its contractor will take such measures necessary to obtain acceptable systems components and installation procedures without delay, ARTICLE 6. RESPONSIBILITIES OF THE PARTIES The parties 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. The State shall not be held responsible for the operation (or non- operation) of the camera monitoring equipment or for any effect it may have. The City is responsible for any damage that may occur to state equipment during the installation, maintenance or operation of the camera monitoring equipment. The City is responsible for maintaining the camera monitoring equipment and related signing in good working order and keeping such equipment free from graffiti. ARTICLE 7. DE- ACTIVATION OF CAMERA MONITORING EQUIPMENT The State reserves the right to disconnect and remove camera monitoring equipment from the traffic signals should any problem arise affecting the State. The State will notify the appropriate City office of the de- activation of the camera monitoring equipment. Upon correction of the problem, the City may reconnect the camera monitoring equipment. ARTICLE 8. INSTALLATION REQUIREMENTS The City or its contractor shall furnish and install all equipment related to the camera monitoring equipment installation. This includes, but is not limited to, camera equipment, camera housing and supporting structure, intersection lighting, vehicle detection system, communications equipment, electrical service and connections, roadway signing, and any interconnection with the signal. The City or its contractor will be responsible for all power costs associated with the operation of the camera monitoring equipment, Electrical connections made to the State's signal equipment shall be optically or otherwise isolated as approved by the State and shall not affect the operation of any component of the traffic signal system including both the signal controller and the conflict monitor /malfunction management unit. -166- MMA Amendment (Rev. 01 /OB) Page 3 al 4 ARTICLE 9. REPORTS Upon written request, the City will be required to supply the State with data related to the operation of the camera monitoring equipment. ARTICLE 10. REMEDIES Violation or breach of contract terms by the City shall be grounds for termination of the amendment, and any increased cost arising from the City default, breach of contract, or violation of terms shall be paid for by the City. This amendment shall not be considered as specifying the exclusive remedy for default, but all remedies existing at law and in equity may be availed of by either party and shall be cumulative. ARTICLE 11. INSURANCE 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. ARTICLE 12. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under this amendment except with the prior written consent of the State. ARTICLE 13. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this amendment shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 14. NOTICES All notices to either party by the other required under this amendment shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the following respective addresses: City: State: City: State: City: State: City: State: City: State: All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party hereto may change the above address by sending written notice of such change to the other in the manner provided herein. ARTICLE 15. GOVERNING LAWS AND VENUE This amendment shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in Travis County, Texas. ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED This amendment constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting within the subject matter. -167- MMA Amendment (Rev. 01/08) Page 4of4. ARTICLE 17. REVISIONS TO EXHIBIT A Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and initialed by both parties. IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this agreement. 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T: \engdoto \ccoo \MMA- MAPS \12- EXHIBITScorpuschristigb.dgn 11/18/2011 SAVMHOIH S5303Y O311OH1NO3 C f/Y lA —1 0 > r*s 1 n �+ z MI —1 0> z •,m M 0 0 0 AVM3Sf1V3 Ave 9333f1N JO ON] HIHON 01 (oioe) 5iz'S0 dod V&d rim 11001108 oar ;14.-riginvilifivi 101,15-5"----------'24b- 4,-41fittifitrii ,n zo lidotildifon; 11111110RIPiiii;;;;;i MB Tog Na 4 SAVMHfTH Y —180— 1 .r17dmta wu- r.rs.I -0:11113 I recornu.u,rr.t iem.um. nHe/RW1 engdato dgri 1 x me! PR0022 iJFR CAUSEWAY - FROM SR035B TO 2000 -FT WEST OF AOUARIUS ST. Texas Department of Transportation SAVMH9IK SS31DV OR11M1NOJ T:\ enatlote\ ccoo\ MMR- MAPS \15- E%HIBITBoorpuschr isi 1 Tn. clan 1 (/18/2011 1 : Texas Department of Transportation 0311081140a SAVMH91H SS333 r m c1 m II /111/g011 Ti engdotC \CC90 1644- 111PS116•1.m•oytermatu rb. dp!� 2 —184— '4 00 V L m r1-1 C zv rc Zm mm .T TIENY ANCE y lsowH lno m I E. O. P MAIN LANES_., I ! I I I _ STATC MAINTENANCE I I ( I 1 1 LIMITS I Ii n a C u C 0 �� 4� m z . w m 0 a 0 l l I STATE MAINTENANCE 11 t 1'l 1E ; I 11 11 . f l STATE ] o 0 a K 11 f.t a m 1 n 1 m o II 11 I I 'TMAI�EtLN t L E.O.P MAIN LANES �r MAINTENSTATACE iS r - L1 , U 2 • -UIQ ¢W 1 . _ F- F .41.1 FRONTAGE ROAD A� 'iI \ \ 0' z, UF ZI •� • I • �. MAIQ . 1 I I_ .< f c) 1 1 f I I I ( n R. KI E ,V I r. C —184— '4 00 V L m r1-1 C zv rc Zm mm .T TIENY ANCE y lsowH lno m Resolution approving and authorizing the City Manager or designee to execute a Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision, and regulation of certain state highways and/or portions of state highways in the City of Corpus Christi. WHEREAS, the public convenience, safety, and necessity of the City, and the people of the City require that state highway routes within the City be adequately maintained; and WHEREAS, the City and the State of Texas, acting by and through its Department of Transportation ( "State" or "TxDOT "), agree that the State will enter upon and contribute financially to the maintenance of said project; and WHEREAS, the State has made it known to the City that it will, with its own forces and equipment and at its sole expense enter upon and maintain said project, conditioned upon the provisions concerning responsibilities for maintenance, control, supervision, and regulation which are set out in the document titled "Municipal Maintenance Agreement" or "MMA "; and WHEREAS, said project consists of those state highways and/or portions thereof which are described in the MMA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The City Manager or designee is authorized to execute the Municipal Maintenance Agreement with the State of Texas, acting by and through the Texas Department of Transportation ( "State" or "TxDOT ") for the maintenance, control, supervision, and regulation of certain State Highways and /or portions of state highways in the City of Corpus Christi. ATTEST: Armando Chapa City Secretary APPROVED AS T FORM: 14 -Mar -12 1 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adarne Mayor J:11.ENG11 AGENDA ITEM 511210410121041012 RESO MMA.docx -185- Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott J:11.ENG11 AGENDA ITEM 5/12/441 D1 21041 01 2 RESO MMA.docx —186— 14 DATE: 3/29/2012 TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 Ronald L. Olson, City Manager Mark Van Vieck, Interim Director, Department of Development Servie MarkW@cctexas.com (361) 826 -3246 Abandoning and vacating a blanket pipeline easement (approximately 871,200 - square feet), out of the Mt. Vernon Shopping Center, Block 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1. CAPTION: Ordinance abandoning and vacating a portion of an existing blanket easement, approximately 871,200- square feet, located at Mt. Vernon Shopping Center, Block 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1; Requiring the owner of the lots, the Smith- Johnson Partnership and Smith Mt. Vernon Holdings, Ltd., to comply with the specified conditions; and declaring an emergency. BACKGROUND AND FINDINGS: The Clower Company, on behalf of the owners, Smith- Joslin Partnership and Smith Mt. Vernon Holdings, Ltd., is requesting the abandonment and vacation of a portion of an existing blanket easement, approximately 871,200 - square feet (20 acres), located at Mt. Vernon Shopping Center, Block 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1, (The South Staples Center, 4938 South Staples Street and the Mt. Vernon Shopping Center, 5521 South Staples Street, respectively), located north of South Padre Island Drive state right -of -way (State Highway 358), and east of the South Staples Street public right-of-way, in order to provide for redevelopment over the existing easement area. The easement to be abandoned and vacated is located in a "CG -2" General Commercial District. • Houston Natural Gas Corporation assigned the City of Corpus Christi Gas Department (Corpus Christi Municipal Gas Corporation) the blanket easement right -of -way on December 29, 1954, the City Council and Mayor of the City approved the assigned transfer with Ordinance No. 4018. On August 19, 1959, City Council and Mayor of the City amended Ordinance No. 4018 and approved a final assignment of transfer with Ordinance No. 5467. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Sec. 49 -12, because Owner will be replatting said property and upon replatting will be dedicating utility easements of equal or greater value to off -set the proposed abandonment and vacation of the easement. The Applicant must also comply with all the specified conditions of the ordinance within 180 days of Council approval. ALTERNATIVES: Denial of the blanket pipeline easement closure. However this will adversely impact the owner's ability to move forward with the future sale of the property. OTHER CONSIDERATIONS: Not applicable -189- CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. The City Water Department is requiring that a minimum 15 -foot utility easement be retained for their existing water mains. None of the other city departments or franchised utility companies had any facilities or objections regarding the proposed blanket pipeline easement abandonment. FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE unats : Comments: N/A RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owner must comply with all the following specified conditions of the ordinance: • Since Owner has dedicated utility easements of equal or greater value than the property released by the City in this easement closure action, in accordance with the City of Corpus Christi, Code of Ordinances Section 49 -12, the requirement of paying fair market value for the property is waived. • Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. • Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, and up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. LIST OF SUPPORTING DOCUMENTS: Location Map Exhibit A - Mt. Vernon Shopping Center Site Map Exhibit B - Mt. Vernon Shopping Center Site Map Exhibit C - Sherwin Place Unit 3 Site Map Exhibit D - Pipeline Blanket Easement Area Map Ordinance Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, interim Assistant City Manager -190- 1 Ordinance abandoning and vacating a portion of an existing blanket easement, approximately 871,200 -square feet, located at ML Vernon Shopping Center, Block 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1; Requiring the owner of the lots, the Smith - Johnson Partnership and Smith Mt. Vernon Holdings, Ltd., to comply with the specified conditions; and declaring an emergency. Whereas, the Glower Company, on behalf of the owners, Smith - Joslin Partnership and Smith Mt. Vernon Holdings, Ltd., is requesting the abandonment and vacation of a portion of an existing blanket easement, approximately 871,200 - square feet (20 acres), located at Mt. Vernon Shopping Center, Block 1, Lot 1, and Sherwin Place Unit 3, Block 1, Lot 1, (The South Staples Center, 4938 South Staples Street and the Mt. Vernon Shopping Center, 5521 South Staples Street, respectively), located north of South Padre Island Drive state right -of -way (State Highway 358), and east of the South Staples Street public right -of -way, in order to provide for redevelopment over the existing easement area. The easement to be abandoned and vacated is located in a "CG -2" General Commercial District. Whereas, with proper notice to the public, public hearing was held on Tuesday, April 10, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the pipeline easement, subject to the provisions below. (Exhibit A & B- Mt. Vernon Site Maps, Exhibit C- Sherwin Place Site Map, Exhibit D- Blanket Easement Area Map) Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That a 871,200- square foot portion (20 Acre) of an existing blanket easement, located at the Mt. Vernon Shopping Center, Block 1, Lot 1, as recorded in Volume 49, pages 187 -188 of the Map Records of Nueces County, Texas, and Sherwin Place Unit 3, Block 1, Lot 1, as recorded in Volume 49, page 189 of the Map Records of Nueces County, Texas (The South Staples Center, 4938 South Staples Street and the Mt. Vernon Shopping Center, 5521 South Staples Street respectively), located north of South Padre Island Drive (State Highway 358) state right -of -way, and east of the South Staples Street public right -of -way, is abandoned and vacated, subject to compliance with the conditions specified in Section 2. below. Section 2. The abandonment and vacation of the above described portion of the pipeline easement is conditioned upon Owner's compliance with the following: Page 2 of 3 1.) Since Owner has dedicated utility easements of equal or greater value than the property released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinances Section 49 -12, the requirement of paying fair market value for the property is waived. 2.) Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. 3.) Upon approval by Council and issuance of the ordinance, all grants of easement closure must be recorded at Owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the permitting of any construction on the land, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services, or his designee, as per City of Corpus Christi, Code of Ordinances Sec. 49 =13, as amended and approved on July 13, 2004, by Ordinance No. 025816. 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 shall take effect upon first reading as an emergency this the day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor, City of Corpus Christi APPROVED as to FORM this 29th day of March, 2012. borah Walther Bro Assistant City Attorney For City Attorney Corpus Christi, Texas K: IL. ega11SHAREDILEGAL- DEV.SVCS120I2 Agenda & NonAgenda120I2 AGENDA ITEMSIStaples Center13 -28- I2ORD.A&V.BlanketEasement.Staples.Mt.Vernon.DWB Final.docx —192— Page 3of3 Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:I Legal \SHARED \LEGA.L- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA ITEMS\Staples Centee3 -28- 12ORD. A& V. BlanketEasement .Staples.Mt.Vernon.DWB Finaidocx —193— 1 .- is.? .. tit oil I � ag ;0112 j 1 44,{ 1 . , tii I! , =111 ili. lg 131 .5,0 !it lel I1 :f.�! :4,1 i Ji'h�g!0' 11 I L !k l s� I , of .1 :1e :1, Ng! iIit It it :o,orr I 0 . ,ill to lin . =11 F11151' I, !� 1H! LI i 31 ,111 142 !lip 114 101 I pJI1.al1dJ!®n®i i i III Mil PriaH RIPPI1 4, 7, :s idii , ' pilqj e 1 lig •-,-- grit 6. a d \ ww 1 ;l -".: "' _sir' -, h' �t ,' \ `� ' ' '� 1'#' \\ \i \cci, lf% 111III' !HIT ly `3{ :. . c, ii W 4 ' ill yl --- i f li all li 1 3 s'! Q / of if li 10 U 114:11 :1 I!! IIIF j l! 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Go6 lug —197— EXHIBIT "C" -198- • • LINE BLANKET EASEMENT AREA MA • 15 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: TO: FROM: CAPTION: 3/29/2012 Ronald L. Olson, City Manager Mark Van Vleck, Interim Director, D pa nt of Development Services MarkVV @cctexas.com / Cle7� (361) 826-3246 Amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3; and by deleting the last sentence. Amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3; and by deleting the last sentence. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing to amend Ordinance No. 028064 by making the following changes. • Delete the last sentence in Section 2. Paragraph a.; • Correct the metes and bounds description; and • Correct the exhibit of the public access easement. The East sentence in Section 2. Paragraph a. that is being deleted reads as follows: In addition, no above ground obstructions will be allowed within one (1) horizontal foot of either side of the easement width. The metes and bounds description and exhibit are being corrected because the metes and bounds size, description and exhibit of the access easement that was dedicated by Ordinance 028064, does not match the ordinance's declaration of intent. The corrected public easement under consideration is located between Lots 11 & 12, Block 43, Padre Island No. 2. These properties are located northeast of Playa Del Rey and Villa Maria Isabel, both east of South Padre Island Drive (PR 22). February 10, 2009 (Ordinance No. 028064) - Council approved the abandoning and vacating of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, out of Padre Island No. 2, Block 43, Lots 12 -13, located adjacent to and northeast of the Playa Del Rey public right -of -way. ALTERNATIVES: Deny the Request OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: These requirements are in compliance with the City of Corpus Christi, Code of Ordinance Sec. 49 -13, as amended and approved on July 13, 2004, by Ordinance No. 025816. -201- Agenda Memorandum Amendment of Ordinance 028064 Page 2 EMERGENCY I NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. Upon approval by Council and issuance of the ordinance, all grants of easement dedications must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of the building permit and construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the City's Building Official. LIST OF SUPPORTING DOCUMENTS: Original Ordinance 028064 Amending Ordinance Revised Metes and Bounds Exhibit (Exhibit B pages 1 thru 3) Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Toby Futrell, Interim Assistant City Manager K:IDEVELOPMENTSVCS1SPECIAL SERVICES\WILLIE MEDINAIALLEY CLOSURESIPADRE ISLAND NO. 21PADRE ISLAND NO 2 - CITY COUNCIL ACTION ITEM (3- 29- 12).DOCX —202— -Page'1 'of 3 ORDINANCE ABANDONING AND VACATING A 2,701.10- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UNDEVELOPED AND UNSURFACED DEDICATED PUBLIC ALLEY RIGHT -OF -WAY, LOCATED BETWEEN LOTS 12 AND 13, BLOCK 43, PADRE ISLAND NO. 2, ADJACENT TO AND NORTHEAST OF THE PLAYA DEL REY PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, are requesting the abandonment and vacating of an undeveloped and unsurfaced dedicated public alley right -of -way, which is located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and WHEREAS, the other owners of property abutting the public alley right -of -way are not directly affected by the abandoning and vacating of the undeveloped and unsurfaced dedicated public alley right -of -way, therefore they did not join in the request for closure. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 2008, 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, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced dedicated public alley right -of -way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced dedicated public alley right-of-way out of Lots 12 and 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way, as recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owners' compliance with the conditions as specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public alley right -of -way is conditioned upon compliance with the following: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 028064 Q :1SharedlLEGAL- DEV.SVCS12009 Agenda12- 101ORD- abandon- vacateROWGuieyEaton- Padre -2rxtg continued FINAL.doc —203— Page'2of 3 Subdivision. (Exhibit B). Said easement will extend the entire length of the common property line, from City street right -of -way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. In addition, no above ground obstructions will be allowed within one (1) horizontal foot of either side of the easement width. b. City shall erect a sign to designate Packery Channel Park access at the entrance of the public access easement. c. Owners pay the fair market value of $2,825.00, allowing for the value of the separate public assess easement, prior to the alley closure ordinance for the abandonment and vacating of the 2,701.10- square foot portion of the 10 -foot wide alley, going to City Council for approval. d. City Storm Water Department has an existing 24" RCP within the alley right -of -way and requires that the Owners retain the entire 10' wide public alley right-of-way as a utility easement. e. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the public alley right -of -way. f. Within 180 days of approval by Council and issuance of the ordinance, all grants of public right-of-way closures and dedication of utility easement must be recorded at owners' expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. Q:1Shared\ LEGAL- OEV.SVCS1200SAgendal2- 101ORD- abandon- vacateROWGufueyEaton- Padre -2rdg continued FINALdoc -204- 'Page'3.of 3 That the foregoing ordin ce was reacl for the first time and passed to its second reading on this the f • " day of Aio v 41t e . , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly That t e gdang ordinance was read for the second time and passed finally on this the y of , 2009, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr, Mike Hummel) Bill Kelly Akud- Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED, this the /0-day of de Armando Chapa City Secretary APPROVED as to form: February 10, 2009 By: ett -g r ssistant City Attorney For City Attorney , 2009. my Gar Mayor 028064 O: 1SharedtLEGAL- DEV.SVCS12009Agenda12- 101ORD- abandon- vacateROWGuIIeyEaton- Padre -2rdg continued FINAL.doa —205— [S 16° 04' 30 "E 218.751] kk 11i i4 111 I 1111 4411fa 2.AND RETAINED AS A U.E. a kk t,, X1111 `P" 11 • 14 VICINITY � 11 .. PUP LOT 4111 144 4,44 111+ 1�14 emut 7MtpmprgrwwdYnVat I. vs 114X 115 Wei 11 tar IOW tholitrywir rked one. ALLEY CLOSURE DAM 04Ri3108 REV:, cs�a�aa GP 02 SHEET 1 OF 1 SCALE 1" = 40' An 03.10' 37" RI. 90.00' 4 LA= 4.99' T = 2.496' A= 03'104 38' R 90.001 LA • 4.99' T = 2.496' LOT 14 mom +. �N 21° 13 30'W 7.89'j LAx45.601 14202 PLAYA DEL REY 2786.8 S.F.. Being Ms 10' Public Alloy Right.of.Way between Lot 12 8 Lot 13, 8lodc 43 Padre Island Number 2 V. 13, P.28, (MRNCT), Coleus MAW. Micas County, Texas EX TP Proposed Alley Closure EIS +i e.+n Lots 12-13. Block 43, Padre Island No 2 -207- Exhibit B D •525 450 Fast Proposed Alley Closure Between Lots 12 -13, Block 43, Padre Island Na, 2 Right of Way s 450' Boller +awed Or: Ds Depanment arDavetopmerd &Men Amending Ordinance No. 028064, with regard to the condition noted at SECTION 2.a., by replacing former Exhibit B with the current Exhibit 8, pages 1 thru 3; and by deleting the last sentence. Whereas, on or about February 10, 2009, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, requested, and the City of Corpus Christi City Council approved, see Ordinance No. 028064, the abandonment and vacation of an undeveloped and unsurfaced dedicated public alley right-of-way, located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and Whereas, the original parties to Ordinance No. 028064, seek amendment to a portion of said ordinance, specifically with regard to the condition noted at SECTION 2.a. by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3 so as to provide a correct metes and bounds description along with a correct map depicting the public alley right-of-way, located between Lots 12 and 13, Block 43, Padre Island No. 2; and by deleting the last sentence of the condition noted at SECTION 2.a. as the provision was not agreed to by the parties. WHEREAS, it has been determined, during a meeting of the City Council, on Tuesday April 17, in the Council Chambers, at City hall, in the City of Corpus Christi, that it is advantageous to the City of Corpus Christi that Exhibit B be replaced with Exhibit B, pages 1 thru 3, and that the last sentence of the condition noted at SECTION 2.a. be deleted. Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Ordinance No. 028064 is amended by replacing former Exhibit B with the current Exhibit B, pages 1 thru 3 so as to provide a correct metes and bounds description along with a correct map depicting the public alley right -of -way, located between Lots 12 and 13, Block 43, Padre Island No. 2; and by deleting the last sentence of the condition noted at SECTION 2.a., as the provision was not agreed to by the parties. See amendments to the condition noted at SECTION 2.a. below: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 Subdivision. {Exhibit B} (Exhibit B, pages 1 thru 3). Said easement will extend the entire length of the common property line, from City street right -of -way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. width, K: 1LegaI \SNAREDILEGAL- DEV.SVCS12O12 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORDIGuIleyEaton- Padre-2rdg Abandon and Vacate13- 29- l2Gulley Eaton Amending A &V ORD.DWB Final.docx -209- Section 2. Considering the above and forgoing, the condition noted at SECTION 2.a. of Ordinance No. 028064 shall now read as follows: a. Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, and Allen Lizakowski and Carmen L. Turner, owners of Padre Island No. 2, Lot 11, Block 43, grant a separate public access easement along the common property line between Lot 11 and Lot 12, Block 43, Padre Island No. 2 Subdivision. (Exhibit B, pages 1 thru 3). Said easement will extend the entire length of the common property line, from City street right -of -way to the County Park. The width of the easement shall be a minimum of 3 feet, continuous. Signatures at next page. K: 1LegaI \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORDIGuIIeyEaton- Padre-2rdg Abandon and Vacate13- 29- 12Gulley Eaton Amending A &V ORD.DWB Final.docx —210— 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 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 Kelley Allen Nelda Martinez Larry Elizondo, Sr. Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2012. ATTEST: Armando Chapa City Secretary APPROVED as to form only this the For Carlos Valdez, City Attorney ,7z„L eborah Walther Bro Assistant City Attorney Joe Adame Mayor day of , 2012. K:1 LegaI \SHAREDILEGAL- DEV.SVCS12012 Agenda & NonAgendalPadre Island No. 2 GulleyEaton AmendORDIGulleyEaton- Padre-2rdg Abandon and Vacate13- 29- 12Gulley Eaton Amending A &V ORD.DWB Final.docx —211 — Padre Island No. 2 Access Easement STATE OF TEXAS COUNTY OF NUECES BEING a tract of land containing 0.01 Acres (414 Sq. Ft.) of land out of Lots 11 and 12, Block 431 Padre Island No. 2 as shown on plat thereof recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas. This 0.01 Acre Tract being more particularly described by metes and bounds as follows: BEGINNING at a Found 5/8" Iron Rod on the northerly right-of-way Tine of Villa Maria Isabel, the common corner of Lots 11 and 12, Block 43, Padre Island No. 2 as shown on plat thereof recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas; THENCE N01 °32'30 "E along the common boundary line of said Lots 11 and 12 a distance of 28.00' to a Point, being an angle point of this tract; THENCE N45 °00'00' W through said Lot 11 a distance of 1.38' to a Point, being an angle point of this tract; THENCE N01 °32'30 "E continuing through said Lot 11 a distance of 108.37' to a Point on the southerly boundary line of Nueces County Park No. 2, being the northwest corner of this tract; THENCE N68 °46'30 "E along said County Park No. 2 a distance of 3.25' to a Point on the northerly boundary line of Lot 12, being the northeast corner of this tract; THENCE S01 °32'30' W through said Lot 12 a distance of 109:63' to a Point, being an angle point of this tract; THENCE 545 °00'00 "E continuing through said Lot 12 a distance of 1.38' to a Point, being an angle point of this tract; THENCE 801°32'30V continuing through said Lot 12 a distance of 28.05' to a Point, being the southeast comer of this tract, same Point be at the beginning of a non - tangent curve to the left having a Radius of 90.00'; THENCE along said curve having a Radius of 90.00', an Arc Length of 3.00', and a Chord of N87 °27'29 1W a distance of 3.00' to the POINT AND PLACE OF BEGINNING and containing 0,01 Acres (414 Sq. Ft.) of land. -212- Exhibit B Page 1 Bearings are with reference to the common boundary line of Lots 11 and 12, Block 43, Padre Island No. 2 as shown on the Plat recorded in Volume 13, . Page 28 of the Map Records of Nueces County, Texas. State of Texas County of Nueces I, Russell D. Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the'ground under my direction. RUSSELL I]. OCHS :•.i4 0 524.1 bSuP .. This the 14TH day of November, 2011 Russell D. Ochs State of Texas License No. 5,241 -213- Exhibit B Page 2 a 1 ✓ v -n w ° 4.0 041" C4 I rb" to MiMiniirlEMENOMI F14144. .171117111111ETM111 Run MILIIII •1�17 CURVE TABLE CURVE I RADIUSTLENGTH TANGENT DELTA 01 90.00 3.00 1.50 01`54'37" DETAIL ~\ NOT TO SCALE \ / 1 1 END. 9V I.R. L4 NUECES COUNTY PARK 2 P.O.B. pL END. %" 1.R. VILLA MARIA ISABEL PL B" THICK CONC. HDWLL �DT7 1•1014. 1, at �c r n°c'' A(RN�� a r 43 2 COQ "C#V &N0; r. CO4/ .9fo4i BNDY Lk. 5" THICK CONC. I IDWLL. coy a N0TES! CON° O.4 - MAP 1O ACCOMPANY FIELD NOTES - BE4K!NGS ARE 147TH REFERENCE TO THE COMMON BOUNDARY LINE OF LOTS 11 & 12, BLOCK 43, PADRE ISLAND NO. t VOL. 12 PG. 28, MAP RECORDS OF NUECE5 COUNTY, TENAS (N01'32'30 E - 137.74) - • DENOTES IRON ROO FOUND —214— Scale in Fact Exhibit B Page 3 16 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 4/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb @cctexas.com CAPTION: Supply Agreement for Library Books and Recordings RECOMMENDATION: Motion approving a supply agreement with Baker & Taylor, Inc., Charlotte, North Carolina for library books and recordings, based on lowest responsible bid in accordance with Bid Invitation No. BI- 0074 -12 for a total estimated annual expenditure of $216,360 of which $54,090 is required for the remainder of FY 2011 -2012. The term of the agreements shall be for twelve months with options to extend for up to four additional twelve months periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries in FY 2011- 2012. BACKGROUND AND FINDINGS: The books and recordings are ordered by the Corpus Christi Public Libraries for inclusion in the City's public libraries. 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 / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Corpus Christi Public Libraries -217- FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $411,021.18 $162,270.00 $573,291.18 Encumbered / Expended Amount $252,733.78 0.00 $252,733.78 This item $54,090.00 162,270.00 $216,360.00 BALANCE $104,197.40 0.00 $104,197.40 Fund(s): Corpus Christi Public Libraries Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation 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 Bid Invitation No.: BI- 0074 -12 Library Books and Recording Buyer, Gabriel Maldonado Date: April 17, 2012 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION ITEM DESCRIPTION BAKER & TAYLOR, INC CHARLOTTE, NC BRODART CO. WILLIAMSPORT, PA Complete Book & Media Supply CEDAR PARK, TX PERMA- BOUND BOOKS JACKSONVILLE, IL % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price 1.0 GROUP 1. BOOKS 43.5% 10.8% 43.5% 12.2% 0.0% 12.2% 0.0% 0.0% 0.0% NO BID NO BID NO BID Estimated Annual Expenditure: $174,860 1. Trade Hardcover books 97.1% 0.0% 5.0% 15.0% 2. Short discount (technical/specialized) 0.0% 0.0% 0.0% 0.0% 3. Publishers library binding 27.0% 23.0% 0.0% 15.0% 4. Single edition (reinforced or school ed.) 0.0% 42.0% 0.0% 15.0% 5. University press publications 12.0% 0,0% 5.0% 15.0% 6. Trade paperbacks 41.5% 0.0% 5.0% 15.0% 7. Mass market paperbacks 41.5 % 0.0% 5.0% 15.0% 8. Net price no discount from publisher) 0.0% 0.D% 0.0% 0.0% ITEM DESCRIPTION 2.0 GROUP 11. AUDIO - VISUAL MATERIALS Estimated Annual Expenditure: $26,500 1. DVD 2. Spoken Word Books on CD 3. Music CDs Award $174.860.00 BAKER & TAYLOR, INC CHARLOTTE, NC % Discount from Publishers List Price BRODART CO. WILLIAMSPORT, PA % Discount from Publishers List Price Complete Book & Media Supply CEDAR PARK, TX % Discount from Publishers List Price PERMA- BOUND BOOKS JACKSONVILLE,. IL % Discount from Publishers List Price Award 28.0% 45.1% 26.5% $28.500.00 NO BID NO BID NO BID 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% ITEM DESCRIPTION BAKER & TAYLOR, INC CHARLOTTE, NC BRODART CO. WILLIAMSPORT, PA Complete Book & Media Supply CEDAR PARK, TX PERMA- BOUND BOOKS JACKSONVILLE, IL % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price % Discount from Publishers List Price 3.0 GROUP 11I. STANDING ORDERS Estimated Annual Expenditure: $15,000 1. Trade Hardcover 2. Non - trade /Short 3. Trade & Mass 43.5% 10.8% 43.5% 12.2% 0.0% 12.2% 0.0% 0.0% 0.0% NO BID NO BID NO BID Award Award Total $15.000.00 $216.360.00 -219- 17 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 4/17/2012 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 -826 -3169 CAPTION: Purchase of seven (7) Ford Fusions RECOMMENDATION: Motion approving the purchase of seven (7) Ford Fusions from Philpott Motors, of Nederland, Texas for a total amount of $131,721.78. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. These units are replacements to the fleet and will be used by the Police Department. Funds are available in FY 2011 -2012 Capital Outlay Budget of the Maintenance Service Fund. BACKGROUND AND FINDINGS: These seven (7) vehicles will be used by the Police Department, Criminal Investigation Division for day -to -day police work. All units are replacement to the fleet. 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 / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: General Services Department Police Department -223- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011-2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $4,542,792.71 $0.00 $4,542,792.71 Encumbered / Expended Amount 2,532,625.69 0.00 2,532,625.69 This item 131,721.75 0.00 131,721.75 $1,878,445.27 BALANCE $1,878,445.27 $0.00 Fund(s): Maintenance Service Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager PURCHASE OF FORD FUSIONS PRICE SHEET - BUYBOARD CONTRACT # 358 -10 CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: APRIL 17, 2011 PHILPOTT MOTORS NEDERLAND, TX Item Description Qty. Unit Unit Extended Price Price 1 2012 Ford Fusion SE with v -6 Engine 7 each $ 18,817.39 $131,721.75 TOTAL: 1131,721.75 18 DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 4/17/2012 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Purchase of specialized equipment (Bid Invitation No. BI- 0125 -12) CAPTION: RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $118,223.01 utilizing funds from the Department of Homeland Security FEMA under the 2010 Port Security Grant Program (PSGP) and the Law Enforcement Trust Fund to purchase law enforcement equipment for the Police Department. Funds are available in the Police Grant Fund 1061. BACKGROUND AND FINDINGS: On January 17, 2012 the City Council approved to accept a grant from the Department of Homeland Security FEMA eligible under the 2010 Port Security Grant Program (PSGP) grant to purchase law enforcement equipment for the Police Department. The PSGP grant provides funding to local law enforcement in a coordinated effort to strengthen homeland security preparedness, including the security of the country's critical infrastructure. A need analysis has been conducted and specialized equipment has been identified. A bid has been secured for the specialized equipment totaling $118,223.01. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. ALTERNATIVES: Not. 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. -229- DEPARTMENTAL CLEARANCES: Police Department FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $1,100,299.00 $0.00 $1 ,100,299.00 Encumbered 1 Expended Amount $0.00 $833,235.36 $0.00 $833,235.36 This item $0.00 $118,223.01 $0.00 $118,223.01 BALANCE $0.00 $148,840.63 $0.00 $148,840.63 Fund(s): 822917 -2010 Port Security Grants 34 -7 and 821001 -Law Enforcement Trust -Fed. Comments: The cost of the equipment is $118,223.01. The 822917 -2010 Port Security Grants 34 -7 - Police Grants Fund 1061 has $95,299.00 and the 821001 -Law Enforcement Trust -Fed has $22,924.01 allocated in for the Homeland Security Grant Program. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Not applicable. 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 19 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: March 22, 2012 TO: Ronald L Olson, City Manager FROM: Floyd Simpson, Chief of Police flovds�cctexas. cam 361- 886 -2603 Accepting the HIDTA grant and appropriating funds CAPTION: A. Motion authorizing the City Manager or designee to accept a grant in the amount of $165,840 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. B. Ordinance appropriating $165,840 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. BACKGROUND AND FINDINGS: The Corpus Christi Police Department is in the 16th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides for the salary and benefits of a full -time program coordinator, one administrative assistant, overtime for 4 Corpus Christi Police Officers, and 4 lease vehicles. The program focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities as well as a location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in the counties of Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria. It is anticipated that shipments of narcotics through this area will be disrupted and long entrenched families of narcotics traffickers will be apprehended. The profits from the sales of narcotics will be identified and seized and the intelligence gathered will be downloaded and shared with other Drug Trafficking Initiatives across the country. This grant award is for the time period 01/01/2012 — 12/31/2013. There are no matching funds required. ALTERNATIVES: Not accept the grant and terminate the grant. OTHER CONSIDERATIONS: None. FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011- 2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item $165,840 $165,840 BALANCE $165,840 $165,840 Fund(s): Police Grants Fund COMMENTS: RECOMMENDATION: Accepting the grant and appropriating funds. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON - EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: • Finance LIST OF SUPPORTING DOCUMENT$: Grant award letter 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 Houston HIDTA 15311 Vantage Parkway West, Suite #286 Houston, TX 77032 Phone: (281) 372 -5705 Fax: (281) 372 -5865 Mnxikm To: Corpus Christi PD From: Jennie Bader Fax: Pages: Phone: Date: 3/14/2012 Re: CC: • Comments: Please find enclosed the following • Houston HIDTA — FY2012 Award Letter— Grant #G12HN0006A (Initial Award 165,840.00) • SF -- 424 Application Please obtain the appropriate signatures and return a signed original copy of the document to me at If you have any questions, please feel free to contact me at (281) 372 -5705. Thank you, Jennie S Bader Finanri21 Manager, Houston HIDTA -235- EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF NATIONAL DRUG CONTROL POLICY Washington, D.C. 20503 February 27, 2012 Chief Troy Riggs Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Dear Chief Riggs: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas (HIDTA) Program has been approved, and a grant (Grant Number GI2HN0006A) has been awarded in the amount of $165,840.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Houston HIDTA and approved by the Office of National Drug Control Policy (ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant, you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings, and the maintenance of a minimum level of cash -on -hand, Should your organization not adhere to these terms and conditions, ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to Finance Unit National HIDTA Assistance Center 11200 NW 20th Street, Suite 100 Miami, FL 33172 (305) 715 -7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award, please contact Dan Grayson at (202) 395 -6692. Enclosures Sincerely, —236— Ellen Scrivner, Ph.D. National HIDTA Director Executive Office of the President Office of National Drug Control Policy Page 1 of 5 Grant Agreement 1. Recipient Name and Address Chief Troy Riggs Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 4. Award Number: G12HN0006A 5. Grant Period: From 01/01/2012 to 12/31/2013 1A. Recipient IRSNendor No.: 1746000574A5 6. Date: 2/27/2012 7. Action Initial Supplemental Subrecipient Name and Address 8. Supplement Number © 2A. Subrecipient IRS/Vendor No.: 9. Previous Award Amount: 3. Project Title Texas Coastal Corridor Initiative 10. Amount of This Award: $165,840.00 11. Total Award: $165,840.00 12. This Grant is approved subject to such conditions or limitations as are set forth on the attached four (4) pages. 13. Statutory Authority for Grant: Public Law 112 -74 :ice. .,i�� .._ _ -z ._.F.rn:: atiME17L517 � - . ' 14. Typed Name and Title of Approving Official Ellen Scrivner, Ph.D. National HIDTA Director 15. Typed Name and Title of Authorized Flo yJ S 1 a Corpus Christi Police Department Official 16. Sign• of Approvi g ONDCP Official of ���iarrv_c—) 17. Signature of Au orized Recipient/Date 0i 3�L FF4 - � .. , c : 't,,s ? y1 Yom�- to S :a Y Yl a` `� 1 has _ f 'a ,F 18. Accounting Classification Code DUNS: 069457786 EIN: 1746000574A5 19. HIDTA AWARD OND10B3SE1213 OND2000000 004101 GRANT CONDITIONS A. General Provisions 1. This grant is subject to: • Grant G 12HN0006A Page 2 of 5 OMB Circular A -87, Cost Principles for State, Local, and Indian Tribal Government; or, if applicable, OMB Circular A -21, Cost Principles for Educational Institutions; • OMB Circular A -102, Grants and Cooperative Agreements with State and Local Governments; or, if applicable, OMB Circular A -110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations; • OMB Circular A -133, Audits of States, Local Governments and Non - Profit Institutions; • Government -wide Debarment and Suspension (Non procurement), codified at 21 CFR § 1401 et. seq.; • Government -wide Requirements for Drug -Free Workplace (Grants), codified at 21 CFR § 1401 et. seq.; • New Restrictions on Lobbying, codified at 18 USC § 1903 and 31 USC § 1352; • Nondiscrimination in Federally Assisted Programs and Equal Opportunity Plans requirements are codified at USC, Title VI (42 USC § 2000d et seq.); and Immigration and Naturalization Service Employment Eligibility Verification Form (I -9). 2. Audits conducted pursuant to OMB Circular A -133, "Audits of State and Local Governments ", must be submitted no later than 9 months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP /ONDCP Attention: Michael Reles GSD/RDF (202) 395 -6608 Anacostia Naval Annex Bldg 410 /Door 123 250 Murray Lane, SW Washington, DC 20509 or: mreles@ondcp.eop.gov -238- Grant G12HN0006A Page 3 of 5 3. Grantees are required to submit Federal Financial Reports (FFR) to the Department of Health and Human Services, Division of Payment Management (HHS /DPM). Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. 4. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to, and the right to examine, all paper or electronic records related to the grant. 5. Recipients of HIDTA funds are not agents of ONDCP. Accordingly, the HIDTA, its fiscal agent(s), HIDTA employees, HIDTA contractors, as well as state, local, and federal HDTA participants, either on a collective basis or on a personal level, shall not hold themselves out as being part of, or representing, the Executive Office of the President or ONDCP. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance. 2. This award is subject to the requirements in ONDCP's HIDTA Program Policy and Budget Guidance. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control_procedures must govern the use and handling of HIDTA Program fimds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6 -12 of the HIDTA Program Policy and Budget Guidance. 6. The grant recipient agrees to account for and use program income in accordance with the "Common Rule" and the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA - funded initiatives shall not be considered as program income eamed by HIDTA grantees. —239— Grant G 12HN0006A Page 4 of 5 7. Property acquired with these HIDTA grant funds is to be used for activities of the Houston HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National CIandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days and before another advance or reimbursement will be approved. 2. The HIDTAs, or their respective grantees, must utilize the HIDTA program Financial Management System's (FMS) Disbursement module each time they submit a disbursement request to the NHAC. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered into the FMS. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self - Determination Act (23 U.S.C. 450), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to HHS/DPM at the address provided below. When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered, and contact name and number. Ms. Janet Fowler Division of Payment Management Department of Health and Human Services Via U.S. Postal Mail: Via FedEx: P.O. Box 6021 7700 Wisconsin Avenue Rockville, MD 20852 10th Floor Bethesda, MD 20814 —240— Grant G 12HN0006A Page 5 of 5 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: Date: Name: moss- Prorl, tiriLpSOIt. Organization: Corpus Christi Police Department —241— 3 Zz/12 Awarded Budget (as approved by ONDCP) -242- 2/16/2012 12 :59:30 PM Budget Detail 2012 - Houston Initiative - Texas Coastal Corridor Initiative (TCCI) Award Recipient - Corpus Christi Police Department (G12HN0006A) Resource Recipient - Corpus Christi Police Department Awarded Budget (as approved by ONDCP) $165,840.00 Personnel uanti mount Administrative Staff Analyst - Program Total Personnel Fringe Administrative staff Analyst - Program Total Fringe uaflttt 1 1 $30,000.00 $40,000.00 $70,000.00 mount 1 1 $13,000.00 $15,000.00 $28,000.00 Overtime :? uantity mount Investigative - Law Enforcement Officer Total Overtime 4 $35,600.00 $35,600.00 Services mount Equipment rentals Vehicle lease - passenger Total Services 4 $2,000.00 $30,240.00 $32,240.00 Total Budget $165,840.00 Page 1 of 1 2/16/2012 12:59:30 PM -243- HIDTA 2012 SF -424 Application Houston HIDTA G12HN0006A Corpus Christi Police Department $165,840.00 Generated On March I4_ (11 -244- OFFICE OF NATIONAL DRUG CONTROL POLICY FY 09 HIDTA STATE AND LOCAL INITIATIVES INSTRUCTIONS FOR APPLICANTS Attached are the following documents for your FY 12 funding application: • Approved FY 12 Budget to the Corpus Christi Police Department for the Multiple Initiative(s). • Application for Federal Assistance, SF -424. . Budget Information Non - Construction Programs, SF -424A, Page 2. (Page 1 will not be utilized.) . Assurances Non- Construction Programs, SF -424B. • Budget information Construction Programs, SF -424C. Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug -Free ▪ Workplace Requirements; Federal Debt Status, and Non - Discrimination Statutes and Implementing Regulations. • Disclosure of Lobbying Activities. To submit a grant application for FY 12 HIDTA State and Local Initiative Funding, the following forms must be signed and returned: • Application for Federal Assistance, SF -424. • Budget Information Non - Construction Programs, SF -424A, Page 2. (Page 1 will not be utilized.) • Assurances Non- Construction Programs, SF -424B. • Budget Information Construction Programs, SF -424C. Certification regarding Lobbying; Debarment, Suspension and other Responsibility Matters; Drug -Free • Workplace Requirements; Federal Debt Status, and Non - Discrimination Statutes and Implementing Regulations. • Disclosure of Lobbying Activities. Each of these documents have been completed based upon information submitted for the FY 12 initiatives. If this information is incorrect, contact the National HIDTA Assistance Center for new forms. These documents must be completed and signed in their entirely and returned with original signatures affixed before the award letter can be initiated. After completion, the forms should be sent to: National HIDTA Assistance Center 11200 NW 20th ST, STE 100 Miami, FL 33172 (305) 715 -7600 -245- APPLICATION FOR FEDERAL ASSISTANCE 2. DATE SUBMITTED 03/14/2012 Applicant Identifier: 1. TYPE OF SUBMISSION Application _ Construction X Non- Construction Pre - application _ Construction Non - Construction 3. DATE RECEIVED BY STATE State Application Identifier 4. DATE RECEIVED BY FED AGENCY Federal Identifier G12HN0006A 5. APPLICANT INFORMATION LEGAL NAME: Corpus Christi Police Department ORGANIZATIONAL UNIT: Organizational DUNS: 069457786 ADDRESS (Give city, county, State and Zip Code) Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Name and telephone number of person to be contacted on matters involving this application (give area code) Director Stan Furce (281) 372 -5850 6. EMPLOYER IDENTIFICATION NUMBER (EIN) 1746000574A5 8. TYPE OF APPLICATION S New Continuation If revision, enter appropriate letter(s) in box(es) _ Revision ❑ ❑ (Specify) A. Increase Award B. Decrease Award C. Increase Duration D. Decrease Duration Other {specify) 7. TYPE OF APPLICANT: (Enter appropriate letters in box) A. State H. Independent School District B. County 1. State Controlled Institution of Higher Learning C. Municipal J. Private University D. Township K. Indian Tribe E. Interstate L. individual F. Inter - municipal .M. Profit Organization G. Special District N. Other 9. NAME OF FEDERAL AGENCY ONDCP 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER (CFDA): 95.001 12. AREAS AFFECTED BY PROJECT (Cities, Counties, States, etc.): 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT Texas Coastal Corridor Initiative 13. PROPOSED PROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date 1/1/2012 Ending Date 12/31/2013 a. Applicant b. Project 15. ESTIMATED FUNDING: a. Federal $165,840.00 b. Applicant c. State d. Local e. Other f. Program Income g. Total $165,840.00 16. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12372 PROCESS? a. YES. Date: b. No. ❑ Program is not covered by E.Q. 12372 ❑ or program has not been selected by state for review This preapplication /application was made available to the State Executive order 12372 process for b. Applicant review on: 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? Yes if "Yes ", attach an explanation © No TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATIONIPREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT HAS BEEN DULY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED. a. Type Name of Authorized Representative Fia '51r'psoi d . Signature of Authorized Representative b. Title Chief -246- c. Telephone e. Date Signed Instructions for the sf424 Public reporting burden for this collection of information is estimated to average 45 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348 - 0043), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET; SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This is a standard form used by applicants as a required face sheet for pre applications and application submitted for Federal assistance. It will be used by Federal agencies to obtain applicant certification that States which have established a review and comment procedure in response to Executive Order 12372 and have selected the program to be included in their process, have been given an opportunity to review the applicant's submission. Item: Entry: I. Self - Explanatory. 2. Data application submitted to Federal Agency (or State if applicable) & applicant's control number (if applicable). 3. State use only (if applicable). 4. Enter Date Received by Federal Agency, Federal identification number: if this application is to continue or revise an existing award, enter present Federal identifier number. If for a new project, leave blank. 5. Enter a legal name of applicant, name of primary organizational unit (including division is applicable), which will undertake the assistance activity, enter the organization's DUNS number (received from Dun and Bradstreet), enter the complete address of the applicant (including country), and name, telephone number, email and fax of the person to contact on matters related to this application. 6. Enter employer Identification Number (EIN) as assigned by the Internal Revenue Service. 7. Enter the appropriate letter in the space provided. 8. Check appropriate box and enter appropriate letter(s) in the space(s) provided; • "New " means a new assistance award • "Continuation" means any change in the Federal Government's financial obligation or contingent liability from an existing obligations • "Revision" means any change in the Federal Government's financial obligation or contingent liability from an existing obligation. 9. Name of Federal agency from which assistance is being requested with this application. 10. Use the Catalog of Federal Domestic Assistance number and title of the program under which assistance is requested. 11. Enter a brief descriptive title of project. If more than one program is involved, you should append an explanation on Item: Entry: a separate sheet. If appropriate (e.g., construction or real property projects), attach a map showing project location. For pre application, use a separate sheet to provide a summary description of this project. I2. List only the largest political entities affected (e.g., State, counties, cities). 13. Self- Explanatory. 14. List the applicant's Congressional- District and any District(s) affected by the program or project. 15. Amount requested or to be contributed during the first funding/budget period by each contributor. Value of in kind contributions should be included on appropriate lines as applicable. If the action will result in a dollar change to an existing award, indicate only the amount of the change. For decrease, enclose the amounts in parentheses. If both basic and supplemental amounts are included, show breakdown on an attached sheet. For multiple program funding, use totals and show breakdown using same categories as item 15. 16. Applicants should contact the State Single Point of Contact (SPOC) for Federal Executive Order 12372 to determine whether the application is subject to the State intergovernmental review process. 17. This question applies to the applicant organization, not the person who signs as the authorized representative. Categories of debt include delinquent audit disallowances, loans and taxes. 18. To be signed by the authorized representative of the applicant. A copy of the governing body's authorization for you to sign this application as official representative must be on file in the applicant's office. (Certain Federal agencies may require that this authorization be submitted as part of the application. —247— Section C - Non - federal Resources d O H v 69 69 69 69 69 69 od O 12. Total (sum line 8 - 11) SECTION D — FORCASTED CASH NEEDS Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter • 13. Federal $165,840.00 $41,460.00 $41,460.00 $41,460.00 $41,460.00 14. Non- Federal 15. TOTAL (suns of 13 and 14) $ $ $ $ $ SECTION E — BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT (b) First (c) Second (d) Third (e) Fourth 16. 17. 18. 19. 20. SECTION F — OTHER BUDGET INFORMATION 21. Direct Charges 22. Indirect Charges 23. Remarks -248- INSTRUCTIONS FOR THE SF -424A Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to the Office of Management and Budget, Paperwork Reduction Project (0348- 0044), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT OT THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. General Instruction This form is designed so that application can be made for funds from one or more grant programs. In preparing the budget, adhere to any existing Federal grantor agency guidelines, which prescribe how and whether budgeted amounts should be separately shown for different functions or activities within the program. For some programs, grantor agencies may require budgets to be separately shown by function or activity. For other programs, grantor agencies may require a breakdown by function or activity. Section A,B,C, and D should include budget estimates for the whole project except when applying for assistance which requires Federal authorization in annual or other funding period increments. In the latter case, Sections A, B,C, and D should provide the budget for the first budget period (usually a year) and Section E should present the need for Federal assistance in the subsequent budget periods. All applications should contain a breakdown by the object class categories shown in Lines a -k of Section B. Section A. Budget Summary Lines 1-4 column (a) and (h) For applications pertaining to a single Federal grant program (Federal Domestic Assistance Catalog number) and not requiring a functional or activity breakdown, enter on Line 1 under Column (a) the catalog program title and the catalog number in Column (b). For application pertaining to a single program requiring budget amounts by multiple functions or activities, enter the name of each activity or function on each line in Column (a), and enter the catalog number in column (b). For application pertaining to multiple programs where none of the programs require a breakdown by function or activity, enter the catalog program title on each Iine in column (a) and the respective catalog number on each line in column (b). For application pertaining to multiple programs where one or more programs require a breakdown by function or activity, prepare a separate sheet for each program requiring the breakdown. Additional sheets should be used when one form does not provide adequate space for all breakdown of data required. However, when more than one sheet is used, the first page should provide the summary totals by programs. Lines 1-4, column (c) through (g) For new application, leave columns (c) and (d) blank. For each line entry in Column (a) and (b), enter in Column (e), (f), and (g) the appropriate amounts of funds needed to support the project for the first funding period (usually a year). For continuing grant program applications, submit these forms before the end of each funding period as required by the grantor agency. Enter in column (c) and (d) the estimated amounts of funds which will remain not obligated at the end of the grant funding period only if the Federal grantor agency instructions provide for this. Otherwise, leave these columns blank. Enter in column (e) and (f) the amounts of funds needed for the upcoming period. The amount(s) in column (g) should be the sum of amounts in Column (e) and (f). For supplemental grants and changes to existing grants, do not use column (c) and (d). Enter in Column (e) the amount of the increase or decrease of Federal funds and enter in column (f) the amount of the increase of decrease of non - federal funds. In Column (g) enter the new total budgeted amount (Federal and non- federal which includes the total previous authorized budgeted amounts plus or minus, as appropriate, the amounts shown in column (e) and (f). The amount(s) in column (g) should not equal the sum of amounts in column (e) and (f). Line 5- Show the totals for all columns used. Section B Budget Categories In the column headings (1) through (4), enter the titles of the same programs, functions, and activities shown on line 1 -4, column (a), Section A. When additional sheets are prepared for Section A, provide similar column headings on each sheet. For each program, function or activity, fill in the total requirements for funds (both Federal and non- Federal) by object class categories. Lines ba -I- Show the totals of Lines 6a to 6h in each column. -249- Line 6j- Show the amount of indirect cost. Line 6K- Enter the total of amounts on Lines 6i and 6j. For all applications for new grants and continuation grants the total amount in column (5), Line 6k, should be the same as the total amount shown in Section A, column (g), Line 5. For supplemental grants and changes to grants, the total amount of the increase or decrease as shown in column (I) -(4), Line 6k should be the same as the sum of the amounts in Section A, column (e) and (f) on Line 5. Line 7- Enter the estimated amount of income, if any expected to be generated from this project. Do not add or subtract this amount. Show.under the program narrative statement the nature and source of income. The estimated amount of program income may be considered by the federal grantor agency in determining the total amount of the grant. Section C. Non - Federal Resources Lines 8-11 Enter amounts of non- federal resources that will be used on the grant, If in-kind contributions are included, provide a brief explanation on a separate sheet. Column (a) Enter the program titles identical to column (a), Section A. A breakdown by function or activity is not necessary. Column (b) Enter the contribution to be made by the applicant. Column (c) Enter the amount of the State's cash and in -kind contribution if the applicant is not a State or State agency. Applicants which are a State or State agencies should leave this column blank. Column (d) Enter the amount of cash and in -kind contribution to be made from all other sources. Column (e) Enter total of column (b),(c), and (d). Line 12- Enter the total for each of column (b) -(e). The amount in column (e) should be equal to the amount on Line 5, column (f) section A. Section D. Forecasted Cash Needs Line 13 Enter the amount of cash needed by quarter from the grantor agency during the first year. Line 14 —Enter the amount of cash from all other sources needed by quarter during the first year. Line 15 — Enter the totals of amounts on Lines 13 and 14. Section E. Budget Estimates of Federal Funds Needed for Balance of the Project Lines 16 -19- Enter in Column (a) the same grant program titles shown in Column (a), Section A. A breakdown by function or activity is not necessary. For new applications and continuation grant applications, enter in the proper columns amounts of Federal funds which will be needed to complete the program or project over the succeeding funding period (usually in years). This section need not be completed for revisions (amendments, changes, or supplements) to funds for the current year of existing grants. If more than four lines are needed to list the program titles, submit additional schedules as necessary. Line 20- Enter the total for each of the Column (b) -(e). When additional schedules are prepared for this section, annotate accordingly and show the overall totals on this line. Section F. Other Budget Information Line 21— Use this space to explain amounts for individual direct object class cost categories that may appear to be out of the ordinary or to explain the details as required by the Federal grantor agency. Line 22- Enter the types of indirect rate (provisional, predetermined, final or fixed) that will be in effect during the funding period, the estimated amount of the base to which the rate is applied, and the total indirect expense. Line 23- Provide any other explanations or comments deemed necessary. -250- ASSURANCES — NON- CONTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and budget, Paperwork Reduction Project (0348- 0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program, if you have questions, please contact the awarding agency. Further, certain Federal - awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non- federal share of project cost) to ensure proper planning, management and completion of the project describe in this application. 2. Will give the awarding agency, the Comptroller General of United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all record, books, paper, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4 Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U. U. C. 4728 -4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C. F. R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U. S. C. 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U. S. C. 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U. S. C. 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P. L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P. L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of) 9I2 (42 U. S. C. 290 dd -3 and 290 ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U S C. 3601 et seq), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (I) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocations Assistance and Real Property Acquisition Policies Act of 1970 (P. L. 91 -646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assistance programs. These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply, as applicable, with provisions of the Hatch Act (5 U. S.C. 1501 -1508 and 7324 -7328) which limit the political activities are funded in whole or in part with Federal Funds. —251— 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U. S. C. 276a to 276a — 7), the Copeland Act (40 U. S. C. 276c and 18 U. S. C. 874), and the Contract Work Hours and Safety Standards Act (40 U. S. C. 327 -333), regarding labor standards for federally assisted construction sub agreements. 10. Wi1I comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93- 234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 1 I. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et esq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176 (c) if the Clear Air Act of 1955, as amended (42 U.S.C. 7401 et esq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L..93 -205). 12 Will comply with the Wild and Scenic: Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties) and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 14. Will comply with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984 or OMB Circular. No. A- 133, Audits of Institutions of Higher Learning and other Non - profit Institutions. 18. Will comply with alI applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZ 0 CERTIFYING OFFICIAL 3/ 2-241 Title Chief Trn Rigj FI0 -{ qO ' ` I APPLICANT ORGANIZATION Corpus Christ Police Department Date Submitted -252- a. Total Cost COST CLASSIFICATION 1. Administrative and legal expenses 2. Land, structures, rights of way, appraisals, etc. 3. Relocation expenses and payments 4. Architectural and engineering fees 5. Other architectural and engineering fees 6. Project inspection fees 7. Site work 8. Demolition and removal 0 CJ a 0 11. Miscellaneous 12. SUBTOTAL ( sum of lines 1 — 11) 13. Contingencies H O 9 I6. TOTAL PROJECT COSTS (subtract # 15 from # 14) —253— INSTRUCTION FOR THE SF 424 -C Public reporting burden for this collection of information is estimated to average 180 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0041), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. This sheet is to be used for the following types of applications: (1) "New" (means a new [previous Un- funded] assistance award); (2) "Continuation" (means funding in a succeeding budget which stemmed from a prior agreement to fund); and (3) "Revised" (means any changes in the Federal government's financial obligation or contingent liability from an existing obligation). If there is no change in the award amount there is no need to complete this form. Certain Federal agencies may require only an explanatory letter to the effect minor (no cost) changes. If you have questions please contact the Federal agency. Column a.- If this is an application for a "New" project, enter the total estimated cost of each of the items Iisted on lines I through 16 (as applicable) under "COST CLASSIFICATIONS." If this application entails a change to an existing award, enter the eligible amounts approved under the previous award for the items under " COST CLASSIFICATION' Column b. If this is an application for a "New" project, enter that portion of the cost of each item in Column a. which is not allowable for Federal Assistance. Contact the Federal agency for assistance in determining the allowability of specific costs. If this application entails a change to an existing award, enter the adjustment [ + or ( -)] to the previously approved costs (from column a.) reflected in this application. Column c. This is the net of line 1 through 16 in columns "a" and "b„ Line 1- Enter estimated amounts needed to cover administrative expenses. Do not include costs which are related to the normal functions of government. Allowable legal costs are generally only those associated with the purchase of land which is allowable for Federal participation and certain services in support of construction of the project. Line 2 — Enter estimated site and right(s) of way acquisition costs (this includes purchase, lease, and/or easements). Line 3 — Enter estimated cost related to relocation advisory assistance, replacement housing, and relocation payments to displaced persons and businesses, etc. Line 4 — Enter estimate basic engineering fees related to construction (this includes start-up services and preparation of project performance work plan). Line 5 — Enter estimated engineering costs, such as surveys, tests, soil borings, etc. Line 6 — Enter estimated engineering inspection costs. Line 7 — Enter estimated costs of site preparation and restoration which are not included in the basic construction contract. Line 9 — Enter estimated cost of the construction contract. Line 10 — Enter estimated cost of office, shop, laboratory, safety equipment, etc. to be used at the facility, if such costs are not included in the construction contract. Line 11 - Enter estimated miscellaneous costs. Line 12 - Total of items 1 through 11. Line 13 — Enter estimated contingency costs. (Consult the Federal agency for the percentage of the estimated construction cost to use.) Line 14 — Enter the total of lines 12 and 13. Line 15 - Enter estimated program income to be earned during the grant period, e.g. salvaged materials, etc. Line 16 — Subtract line 15 from line 14. Line 17 — This block if for the computation of the Federal share. Multiply the total allowable project costs from line 16, column "c" by the Federal percentage share (this may be up to 100 percent; consult Federal agency for Federal percentage share) and enter the product on Iine 17. -254- ASSURANCES -- CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estate or any other aspect of this collection of information, including suggestions for reducing this burden, to the office of Management and Budget, Paperwork Reduction Project (0348 - 0042), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY, NOTE: Certain of theses assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will not dispose of , modify the use of, or change the terms of the real property title, or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the Federal interest in the title of real property in accordance with awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to assure non- discrimination during the useful life of the project. 4. Will comply with the requirements of the assistance awarding agency with regards to the drafting, review and approval of construction plans and specifications. 5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may e required by the assistance awarding agency or State. 6. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or present the appearance of personal or organizational conflict of interest, or personal gain. 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4728 -4763) relating to that the applicant: prescribed standards for merit system for programs funded under one of the nineteen statutes or regulations specified in appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900 Subpart F). 9. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. 10. Will comply with all Federal statues relating to non- discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88- 352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685 -1686) which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) which prohibits discrimination of the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 -6107) which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment act of 1972 (P.L. 93-255), as amended, relating to non - discrimination on the basis of drug abuse; (f) the comprehensive alcohol Abuse and alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient record; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq. ), as amended, relating to non - discrimination in the sale, rental or financing of housing; (I) any other non - discrimination provisions I the specific statute(s) under which application for Federal assistance is being made and (j) the requirements on any other non- discrimination Statute(s) which may apply to the application. -255- 11. Will comply, or has already complied, with the requirements of Titles 11 and III of the Uniform Relocation Assistance and real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal and federally assisted programs. These requirements apply to all interest in real property acquired for project purpose regardless of Federal participation in purchases 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 1501 -1508 and 7324 -7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7), the Copeland Act (40 U.S.C. 276c and I8 U.S.C. 874), The contract Work hours and safety Standards Act (40 U. S. C. 327 -333) regarding labor standards for federally assisted construction sub - agreements. 14. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more 15. Will comply with environmental standards which may be prescribe pursuant to the following: (a) institution of environmental quality control measures under the National environmental policy Act of 1969 (Pl. 91- 190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazard in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation PIans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection of endangered species under the Endangered species Act of 1973, as amended, (Pl. 93 -205). 16. Will comply with the wild and scenic rivers act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 17. Will assist the awarding agency in assuring compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 18. Will cause to be performed the required financial and compliance audits in accordance with the single Audit Act of 1984. 19. Will comply with all applicable requirements of an other Federal laws, Executive Orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZE CERTIFYING OFFICIAL 5/21/2— Title Chief Ft ocad 5t1rLC..,VU �Sc�`</ APPLICANT ORGANIZATION Corpus Christi Police Department Date Submitted -256- OFFICE OF NATIONAL DRUG CONTROL POLICY CERTIFICATIONS REGARDING LOBBYING, DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG -FREE WORKPLACE REQUIREMENTS; FEDERAL DEBT STATUS, AND NONDISCRIMINATION STATUS AND IMPLEMENTING REGULATIONS Instructions for the certifications General Requirements The Office of National Drug Control Policy (ONDCP) is required to obtain from all applicants' certifications regarding federal debt status, debarment and suspension, and a drug free workplace. Applicants requesting monies greater than $100,000 in grants funds must also certify regarding lobbing activities and may be required to submit a Disclosure of Lobbying Activities" (Standard Form LLL). Institutional applicants are required to certify that they will comply with the nondiscrimination statues and implementing regulations. Applicants should refer to the regulations cited below to determine the certifications to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of the form provides for compliance with certification requirements under 21 CFR part 1405, "New Restrictions on Lobbying" and 21 CFR part 1414, Government wide Debarment and Suspension. (Non procurement), Certification Regarding Federal debt Status (OMB Circular A -129), and Certification Regarding the Nondiscrimination Statutes and Implementing Regulations. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Office of National Drug,Control Policy determines to award the covered cooperative agreement i. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented in 21 CFR part 1405, for persons entering into a cooperative agreement over $100,000, as defined at 21 CFR Part 1405, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will being paid to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Grant or cooperative agreement, the undersigned shall complete and submit Standard Form —LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award document for all sub - awards at all tiers (including sub - grants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTER (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension and implemented at 21 CFR Part 1404, for prospective participants in primary covered transactions A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency: Have not within a three -year period preceding this application been convicted of or and a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local ) transaction or contract under a public transaction' violation of Federal or State antitrust statures or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for o otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) terminated for cause or default;and (b) B. Where the applicant is unable to certify to any of the statements in this certification. He or she shall attach an explanation to the application. 2. DRUG -FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug Free Workplace Act of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. The applicant certifies that it will or will continue to provide a drug free workplace by: (a). Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the applicant's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (b) Establishing an on -going drug free awareness program to inform employees about -257- (1) The dangers of drug abuse in the workplace; (2) The applicant's policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violation occurring in the workplace; (d) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (e) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction: (f) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) form an employee or otherwise receiving actual notice of such convictions. Employers of convicted employees must provide notice including position title, to: The Assistance Center, 8401 Northwest 53rd Terrace, suite 200, Miami, Florida 33166. Notice shall include the identification number of each affected grant; (g) Taking one of the following actions within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal State, or local health, law enforcement, or other appropriate agency; (h) Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B. The applicant may insert in the space provided below the site(s) for the performance of work done in connection with the specific cooperative agreement: Place of Performance (street address, city, country, state, zip code) Corpus Christi Police Department Check n if there are workplaces on file that are not identified here. The regulations provide that a recipient that is a State may elect of make one certification in each Federal fiscal year. A copy of which should be included with each application for ONDCP Funding. DRUG FREE WORKPLACE (RECIPIENTS WHO ARE INDIVIDUALS) As required by the Drug Free Workplace Act of 1988, and implemented at 21 CFR Part 1404 Subpart F. A. as a condition of the cooperative agreement, I certify that 1 will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conduction any activity with the grant; and B. If convicted of a criminal drug offense resulting form a violation occurring during the conduct of any grant activity, I will report the conviction in writing, within 10 calendar days of the conviction, to.: The Assistance Center, 8401 Northwest 53rd Terrace, Suite 208, Miami, Florida 33166. 4. CERTIFICATION REGARDING FEDERAL DEBT STATUS (OMB Circular A -129) The Applicant certifies to the best of its knowledge and belief, that it is not delinquent in the repayment of any federal debt. 5. CERTIFICATION REGARDING THE NONDISCRIMINATIN STATUTES AND IMPLEMENTING REGULATIONS The applicant certifies that it will comply with the following nondiscrimination statues and their implementing regulations: (a) title VI of the Civil right Act of 1964 (42 U.S.C. 2000D et seq.) which provides that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity for which the applicant received federal financial assistance; (b) Section 504 if the rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap in programs and activities receiving federal financial assistance; (c) title IX of the Education Amendments of 1972m as amended (20 U.S.C. 1981 et seq.) which prohibits discrimination on the basis of sex in education programs and activities receiving federal financial assistance; and (d) the Age Discrimination Act of 1975, and amended (42 U.S.C. 6101 et seq.) which prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance, except that actions which reasonably take age into account as a factor necessary for the normal operation or achievement of any statutory objective of the project or activity shall not violate this statute -258- As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Grantee Name and Address: Corpus Christi Police Department 321 John Sartain Street Corpus Christi, TX 78403 Application Number and/or Project Name: G1211N0006A Texas Coastal Corridor Initiative Grantee IRSNendor Number: 1746000574A5 Type Name and Title of Authorized Representative: 5. Signature: Tioy Riggs i O d s Chief 6. Date: -259- DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure) 1. 13. Type of Payment a. retainer b. one c. commission b. "`- a. b. Type of Federal Action: contract grant cooperative agreement loan loan guarantee loan insurance 2. b' Status of Federal Action a. bid/offer/application b. Initial award c. post -award 3. value Report Type a. Initial filing b. material change For Material Change only Year:_ Quarter: a' c. d. e, f. -i_ No Date of last report: 4. Corpus 321 Corpus Congressional Name and Address of reporting Entity 5. If reporting entity In No. 4 is Subawardee, Enter name and address of Prime: Congressional District, ifknawn X Prime • Subawardee Tier ,ifaknown: Christi Police Department John Sartain Street Christi, TX 78403 District, if known 6. Federal Department/Agency: ONDCP 7, Federal Program Name/Description: HIDTA 8. Federal Action Number, if known G12HN0006A 9, Award Amount, if known $165,840.00 10. a. Name and Address of Lobbying Entity (if individual, last name, first name, MI) None b. Individuals Performing Services (including address if (if individual, last name, first name, MI) different from No. 10a) last name, first name, MI) None (attach Continuation Shee (s) SF- LLL-A, if necessary) 11. Amount of Payment (check all that apply): $ NIA _actual planned 13. Type of Payment a. retainer b. one c. commission (check all that apply): -time fee fee specify: 12. Form of Payment (check all that apply): _ a. cash _ b. in -kind; specify: nature d. contingent e. deferred f. other; value 14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or Member(s) contacted, for Payment indicated in Item 11: HIDTA Related Initiatives (attach Continuation Sheet (s) SF- LLL-A, if necessary) 15. Continuation Sheet(s) SF -LLL -A atacbed: Yes -i_ No 16. Information requested through this form is authorized by title 31 U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made o entered into. This disclosure is requested pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi- annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Si Signature: g . Print Name: gs. F inid 51NAT 5OA! Title: Chief Telephone No.: Date: Federal Use Only: Authorized for local reproduction Standard Form — LLL -260- Page 1 of 2 Ordinance appropriating $768,844 in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor initiative in the Houston High intensity Drug Trafficking Area; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $168,840 is appropriated in the No. 1061 Police Grants Fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor initiative in the Houston High Intensity Drug Trafficking Area. 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 Approved: March 28, 2012 Lisa Agu Assistant City Attorney For City Attorney Joe Adame Mayor Page 2 of 2 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: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr, Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 20 AGENDA MEMORANDUM for the City Council Meeting of 4/17/2012 DATE: 3/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director of Parks and Recreation `1 MichaelMo{a�cctexas.com 361 - 826 -3464 Grant application for Summer Food Program CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. BACKGROUND AND FINDINGS: The Food and Nutrition Division of the Texas Department of Agriculture (TDA) provides funding for summer nutrition programs. The City's Parks and Recreation Department is again applying for this grant for the Summer Recreation sites and other local non - profit agencies. No local match is required for this reimbursement grant. Previously, this program has collaborative with many agencies to provide summer meals to the youth of Corpus Christi. Last year's grant request was $250,000, the same amount being requested this year. We will provide the same number of meal sites for this year's program and anticipate providing the same number of meals. Over the past few years, the City and CCISD have entered into local interagency agreements for the preparation and delivery of meals to the sites. An Interlocal agreement will be forth coming. The City and CCISD again propose to enter into a contract for CCISD to prepare and deliver the lunches at a rate of $3.00 per lunch and $.70 per snack, both provided on a weekday basis during the eight week Summer Program from June 18, 2012 thru August 10, 2012. The lunches and snacks will consist of sandwiches, fruit/vegetable, milk and dessert. All meals follow the same nutrition guidelines as the National School Lunch Program. It is estimated that approximately 2,500 meals per day will be reimbursable meals. CCISD will maintain and provide menu records as well as daily meals served until the program's end. Total program costs, including operation and administration, are to be provided by the grant. ALTERNATIVES: Not apply for the grant and not provide the Summer Nutrition Program for the youth in our community. OTHER CONSIDERATIONS: NA CONFORMITY TO CITY POLICY: NA EMERGENCY /NON- EMERGENCY: -265- Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: x Not Applicable ❑ Operating Expense ❑ Revenue n CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Approval as submitted LIST OF SUPPORTING DOCUMENTS: Resolution 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 Page 1 of 2 Resolution authorizing the City Manager, or designee, to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. 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 execute all documents necessary to submit a grant application to Texas Department of Agriculture for a Summer Food Program Grant in the amount of $250,000 to operate a Summer Food Service Program for summer recreation program participants ages one to eighteen years. ATTEST: Armando Chapa City Secretary APPROVED March 21, 2012 Lisa Aguiiaf�J Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas of , 2042 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 21 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: March 20, 2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMoacctexas. com 361- 826 -3464 Appropriation of funds for the Latchkey After School Snack Program CAPTION: a) Resolution authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. b) Ordinance appropriating a grant in the amount of $191,120 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; and declaring an emergency. BACKGROUND AND FINDINGS: The U.S. Department of Agriculture (USDA) through the Texas Department of Agriculture (TDA) provides grants for youth nutrition as a continuation of the National School Lunch Program. This program is called the Child and Adult Care Food Program (CACFP) for after school educational andlor enrichment activities. In order to qualify for this program, a site must: a) provide youth with regularly scheduled activities in an organized, structured and supervised environment, b) include educational and/or enrichment activities as part of the programming, c) be located in an area served by a school where 50% or more of the youth enrolled are eligible for free or reduced price school meals. The Parks and Recreation Department has a total of 23 Latchkey sites that qualify for meal service based on eligibility. Sites to be served are: Berlanga Elementary, Club Estates Elementary, Fannin Elementary, Houston Elementary, Meadowbrook Elementary, Menger Elementary, Gloria Hicks Elementary, Galvan Elementary, Kostoryz Elementary, Metro Elementary, Moore Elementary, Sanders Elementary, Smith Elementary, Yeager Elementary, Calk Elementary, Crocket Elementary, Los Encinos Elementary, Montclair Elementary, Oak Park Elementary, Schanen Elementary, Wilson Elementary, Prescott Elementary, and Woodlawn Elementary. There are 6 sites that do not qualify for this program based on enrollment of youth eligible for free and reduced school meals. These sites are: Barnes Elementary, Dawson Elementary, Mireles Elementary, Jones Elementary, Windsor Park Elementary, and Webb Elementary. The Latchkey program subsidizes the snacks for these sites. Latchkey sites in the Calallen and Flour Bluff Independent School Districts are provided snacks through similar grants awarded to those districts. Over the past few years, the City and CC1SD have entered into local interagency agreements for the preparation and delivery of meals to the sites with the Summer Food Service Program. The City again proposes to enter into a contract with CCISD to prepare and deliver snacks at a rate of $.68 per snack for the school year beginning October 1, 201 1 - June 4, 2012 (based on Federal funding year). CCISD will also maintain and provide menu preparation -271- the program. CCISD has approved the food service agreement. ALTERNATIVES: Healthy snacks would not be served at the Latchkey After - school Program. OTHER CONSIDERATIONS: There is no required cash grant match for this program. The snacks are 100% reimbursable. 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: Emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: Revenue Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 Encumbered Expended Amount This item $191,120 $191,120 BALANCE $191,120 $191,120 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, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager Texas Unified Nutrition Programs System 1 Application Packet Sponsor of Affiliated Sites Page 1 of 1 Application Packet Sponsor of Affiliated Sites 01507 Status: Active CITY OF CORPUS CHRISTI PARKS AND RECREATION DEPARTMENT DSA: 1201 LEOPARD CORPUS CHRISTI, TX 78469-9277 County District Code: 178 TDA Region: 5 Packet Submitted Date: 03/21/2017 Packet Approved Date: 03/21/2012 Packet Original Approval Date: 12/07/2011 Packet Status: Approved Auden Latest Form Name .Version Status View I Revise 1/ Contracting Entity Application Revise 1 Details ✓ Board of Directors View I Revise s Contracting Entity Budget Detail Details V' Checklist (30) Rev. 1 Approved Original Approved Rev. 1 Approved Approved Pending Return for Denied Withdrawn/ Total *erection armed error Applications Site Appllcation(s) 23 0 0 0 3 0 26 Hext Base Year Renewal: 2014 - 2015 Show Packet History —273— - 3 Page 1 of 2 Resolution authorizing the City Manager or designee to execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. 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 execute all documents necessary to accept a grant in the amount of $191,120 from the Texas Department of Agriculture for the Latchkey After School Snack Program. ATTEST: Armando Chapa City Secretary APPROVED March .2 1 , 2012 Lisa Agui Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Page 1 of 2 Ordinance appropriating a grant in the amount of $191,120 from the Texas Department of Agriculture in the No. 1067 Parks and Recreation Grants Fund for the Latchkey After School Snack Program; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That a grant in the amount of $191,120 from the Texas Department of Agriculture is appropriated in the No. 1067 Parks and Recreation Grants Fund got yhr Latchkey After School Snack Program. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: Armando Chapa City Secretary Approved: March 21, 2012 e Lisa Aguil Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote; Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leaf David Loeb John E. Marez Nelda Martinez Mark Scott 22 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/20/2012 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo @cctexas.com 361 - 826 -3464 Renewal of lease with Gulf Coast Gem and Mineral Society CAPTION: Ordinance authorizing the City Manager, or designee, to execute three -year lease agreement with the Gulf Coast Gem and Mineral Society for the use of building at 3933 Timon; and declaring an emergency. BACKGROUND AND FINDINGS: The Gulf Coast Gem and Mineral Society would like to renew their lease for the Kiwanis Recreation Center located on Corpus Christi Beach. The organization has been leasing the facility since 1996. ALTERNATIVES: Do not approve renewal of the lease. OTHER CONSIDERATIONS: Building would not be utilized. CONFORMITY TO CITY POLICY: Leases require City Council approval. EMERGENCY I NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Legal, Budget FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Lease Agreement; Ordinance. 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 Ordinance authorizing the City Manager, or designee, to execute three-year lease agreement with Gulf Coast Gem and Mineral Society for the use of building at 3933 Timon; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas that SECTION 1. The City Manager or his designee is authorized to execute a three -year Lease Agreement with Gulf Coast Gem and Mineral Society for the use of building at 3933 Timon. A copy of the lease is on file with the City Secretary. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2012. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: 30, ?..+ 3- By: Lisa Aguilar, As #9 ant City Attorney for City Attorney Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott GULF COAST GEM AND MINERAL SOCIETY LEASE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: WHEREAS, the City of Corpus Christi ( "City ") owns the building and facilities located at 3933 Timon; and WHEREAS, the Gulf Coast Gem and Mineral Society ( "Lessee "), a non- profit organization, desires to utilize a part of the building and facilities at 3933 Timon; NOW, THEREFORE, the parties, in consideration of the mutual promises and covenants herein, agree as follows: 1. Term. City grants a lease for a portion of the building and facilities located at 3933 Timon ( "Facility ") as depicted on the attached Exhibit A subject to all of the terms and conditions of this Lease to the Gulf Coast Gem and Mineral Society. The term of this Lease is for 3 years commencing on day of final Council approval, which is , 2012. 2. Definitions. A. City -- City of Corpus Christi. B. City Manager — City Manager of Corpus Christi or designee. C. Council — City Council. D. Director — Director of Park and Recreation Department or designee. E. Facility — Building at 3933 Timon. F. Lessee — The Gulf Coast Gem and Mineral Society. 3. Lessee Services and Responsibilities. A. City Use. If Lessee is not using the Facility, City has the right to use any or all of the Facility for recreational purposes. B. Community Programs. Lessee will provide the public lapidary classes and lapidary workshop programs to promote interest from the general community and Park and Recreation Senior Centers. All revenue generated from said classes will be collected by City with the revenue to be split 65% to Lessee and 35% to City. C. Lessee Usage. Lessee may use the Facility for its meetings and as a workshop, except that Lessee agrees to allow use of the Facility by the Park and recreation Department to support its summer aquatics program on Corpus Christi Beach. Lessee's use of the Facility is also subject to all other restrictions contained herein. Lease 2- 21- 2012.docx —285— 1 D. Insurance. Lessee must secure and maintain at Lessee's expense during the term of Agreement, a Commercial General Liability insurance policy with the limits and requirements shown on the attached and incorporated Exhibit "A ". The Certificate of insurance must be sent to Director and a copy of City's Risk Manager and must provide 30 days written notice of cancellation, intent to not renew or material change of any coverage required herein. Association will provide copies of all insurance policies to the City Attorney upon City Manager's written request. Lessee is responsible for providing insurance coverage for any and all equipment stored at the facility, to include any improvements made by Lessee to the Facility. It may, at its discretion, wish to protect its equipment from theft or damage. The City will not be responsible for any damage or Toss whatsoever to or of Lessee equipment. Lessee cannot begin operation under this Lease until it provides a certificate(s) of insurance for all required insurance to the Director. E. Electrical Usage. Lessee agrees to pay City $45 /month toward electrical usage. F. Voting Accommodations. This facility is a polling location for a variety of public elections. Any and all requirements, schedules, and demands by the relative agency conducting the election must be observed by the Lessee with no exception, at no cost to the agency. 4. City Responsibilities. A. Capital Improvements. Capital improvements which City determines are needed will be funded by City at its discretion. City has no obligation for repair or maintenance to the facilities. B. Contract Person. For this Lease, City's contact is the Director of Park and Recreation. C. Default. The following will constitute events of default: (1) Failure to maintain any item set out in Section 3 B & C (2) Failure to maintain any insurance required by Section 3 D (3) Failure to keep, perform, and observe all other promises, covenants, and conditions contained in this Lease. Lessee will be notified in writing of any default and will have 15 days to cure the default. If said default is not cured within 15 days of receipt of written notice of default, Director may provide Lessee with written notice of termination of this Lease effective upon receipt of said termination notice. 5. Miscellaneous. (A) Concession. Food /drink concession and retail sales operations by Lessee are strictly prohibited. Lease 2- 21- 2012.docx —286— (C) Alterations. Lessee will not make any additions or alterations to the Facility without Director's prior written consent. Any permanent additions or alterations made by Lessee will become the property of City at the expiration of this Lease. (D) Relationship. This Lease establishes a Landlord/Tenant relationship, and none other. In performing this Lease, both City and Lessee will act in an individual capacity and not as agents, employees, partners, joint venturers, or associates of one another. The employees or agents of either party are not, nor construed to be, the employees or agents of the other party for any purpose whatsoever. (E) Indemnity. To the extent permitted by Texas Law, Lessee, its officers, members, partners, employees, agents, and licensees ( "Indemnitors ") hereby full indemnify, save and 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, worker's compensation and death claims), or property Toss or damage of any kind whatsoever, which arise out of or are in any manner connected with, or caused by, or are claimed to arise out of or be in any manner connected with, or caused by, either proximately or remotely, wholly or in part, an act or omission, negligence or misconduct by Indemnitors or Indemnitees or any of Indemnitor's or lndemnitee's agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Premises pursuant to this Lease, or any of the hazards associated with operation of the Gulf Coast Gem and Mineral Society at the Facility; or the violation by Indemnitees, Lessee, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or governmental order of any kind, or improvements located on the Facility herein or out of the use or occupancy of the improvements to the Facility or the Facility itself by Indemnitees, Lessee, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. The terms of indemnification are effective even though said injury or damage may result from the sole negligence, contributory negligence or concurrent negligence of Indemnitees or any of them. Lessee 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 costs and expenses of any kind from any of said liability, damage, loss, claims, demands, or actions. (F) Assignment. This Lease may not be assigned nor sublet without the prior written approval of the Director of Parks and Recreation. (G) Nondiscrimination. Lessee covenants that all its members and guests will be treated equally without regard to their race, religion, national origin, sex, age, or Lease 2- 21- 2012.docx —287— 3 disability and in compliance with all federal and state laws prohibiting discrimination in employment. (H) Cancellation. This Lease may be canceled without cause by either party IF the party canceling has given the other party 45 days prior written notice of the date of cancellation. (1) Notice. All notices which may or are required to be sent under this Lease must be sent by certified mail or hand delivered as follows: if to City: City of Corpus Christi Park and Recreation Department P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Attention: Director of Park and Recreation (361) 826 -3464 If to Lessee: Gulf Coast Gem and Mineral Society P. O. Box 60781 Corpus Christi, Texas 78466 Attention: Joe Grimes (361) 767 -7045 Either party may change the address to which notice is sent by using a method set out above. Lessee will notify City of any address change within 30 days after the address is changed. (J) Waiver. Any waiver by the Parties of a breach of any, covenants, terms, obligations or events of default is not a waiver of any subsequent breach, nor does the failure to require full compliance with the Lease change the terms of the Lease or estop the Parties from enforcing the terms of the Lease. (K) Inspection. Any officer or authorized employee of City may enter upon Facility at any time and for any purpose incidental to City's retained rights of Facility. (L) Signs. Lessee must not post signs or advertising at Facility without the Director's prior written approval. (M) Surrender. Upon expiration or cancellation of this Lease, Lessee must return Facility to City in reasonably good condition, ordinary wear and tear excepted. (N) Publication. Lessee agrees to pay the costs of newspaper publication of this Lease and related Ordinance as required by the City Charter. Lease 2- 21- 2012.docx —288— 4 SIGNED IN DUPLICATE THIS day of , 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Ronald L. Olson, City Manager Legal form approved on 1', ;WI "2— By: v:r Lisa Aguilar, s istant City Attorney For City Attorney GULF COAST GEM AND MINERAL SOCIETY Lease 2- 21- 2012.docx -289- 5 Exhibit A — Kiwanis Recreation Center Seagull Blvd Timon Blvd Lease 2- 21- 2012.docx -290- 6 C. In the event of accidents of any kind related to this lease agreement, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable when employing paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Lessee's financial integrity is of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee'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). Lessee 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. Lessee 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 and Director of Parks and Recreation P.O. Box 9277 Corpus Christi, TX 78469 -9277 D. Lessee 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 Lease 2- 21- 2012.docx —291— 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 w_ aiver 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. in addition to any other remedies the City may have upon Lessee'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 Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. it is agreed that Lessee'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. !. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Lease 2- 21- 2012.docx —292— 9 23 AGENDA MEMORANDUM Presentation: April 10, 2012 Action: April 17, 2012 DATE: March 28, 2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director Engineering Services 0-) DanBacctexas.com 361- 826 -3729 Approval to submit required documentation of eminent domain authority to the Texas Comptroller of Public Accounts as required by the Texas Government Code. CAPTION: Resolution authorizing the City Manager or designee to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). BACKGROUND AND FINDINGS: Municipalities are allowed eminent domain rights under Chapter 251.001of the Texas Local Government Code. On May 19, 2011, the Texas Legislature passed into law Senate Bill 18 which became applicable on. September 1, 2011. This was considered the eminent domain reform bill. This bill changes, amends and repeals many of the existing laws pertaining to eminent domain practice in Texas. The law applies to all condemnation petitions filed on or after that date. One of the requirements of the bill is for entities with eminent domain rights to register with the Texas Comptroller of Public Accounts by December 31, 2012. The City is required to send a form, available from the Comptroller's office, stating that the City is authorized by the state to exercise the power of eminent domain. The form also identifies each provision of law granting the City such authority. If the letter is not sent prior to the deadline, then the City's authority to exercise its power of eminent domain expires on September 1, 2013. There is no provision for reinstating eminent domain authority in the event the required form is not timely sent. ALTERNATIVES: No alternatives, required by law. OTHER CONSIDERATIONS: N.A. CONFORMITY TO CITY POLICY: The recommended action conforms to statutes and City Policy regarding the use of eminent domain. EMERGENCY / NON-EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Legal and Engineering Departments -29b- FINANCIAL IMPACT: [X] Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Fiscal Year: 2011-2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget 0 0 Encumbered / Expended Amount This item 0 0 BALANCE una(s): one Comments: The agenda item is presented to City Council for an update on current changes to Eminent Domain law in Texas. This is primarily for informational purposes. Other changes pertaining to the new law will be presented on the floor. In the future, Property & Land Acquisition staff will be presenting resolutions to City Council for eminent domain approval pertaining to individual engineering projects. The attached form "Required Documentation of Eminent Domain Authority in Texas" requires signature by the City Manager or designee. RECOM MENDATION: City staff recommends the resolution as presented be approved and the necessary form be submitted to the Texas Comptroller's office. The form requires the signature of the City Manager or designer. Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Susan Combs Texas Comptroller of Public Accounts Required Documentation of Eminent Domain Authority in Texas What action must be taken: Per Senate Bill 18 enacted by the 82nd Legislature, all public and private entities authorized to exercise the power of eminent domain in Texas are required to submit a fetter to the Comptroller of Public Accounts detailing their legal authority to exercise this power. The letter must be sent by certified, return receipt mail not later than December 31, 2012. (Per the bill, the authority of an entity to exercise the power of eminent domain expires on September 1, 2013, unless the letter has been submitted by the deadline.) About this form: This form is designed to guide entities in submitting the required information on eminent domain authority. Once the fields have been completed, the form can be printed and mailed via certified, return receipt to the address provided to meet the requirements of the bill. Entity Information 1. Full, legal name of entity:. City of Corpus Christi, a Texas Home Rule municipal corporation 2. Alternate name of entity (if any): Department of Engineering Services 3. Primary address: Street or P.O. Box 1201 Leopard Street City State, Zip Code Corpus Christi, Texas 78401 4. Primary phone number (with area code): 361 - 826 -3220 5. Entity contact: First name _ Ronald L Phone number (with area code): 361 -826 -3220 6. Alternate contact: First name Daniel Phone number (with area code): 361-826-V29 Olson, City Manager Last name _. . Ron0@cctexas.com E-mail address :._.._.___._ -- _ - Last name Silas, P.E. DanB@cotexas.com E -mail address: _- — - - _--------- .____ -_ Eminent Domain Authority 7 Does your entity have eminent domain authority in Texas? ✓ Yes No 8. If "yes" to question 7, please identity all of the applicable provisions of state law that grant eminent domain authority to this entity. Please cite as Title of Code or Article, Section Number/Name (for example, Texas Government Code, Section 43.136 or Article 7849, Auxiliary Water Laws). Texas Local Government Code, Section 251.001 Municipal Right of Eminent Domain 9. Please indicate the first year in which this entity exercised eminent domain authority: 1928 DISCLAIMER: Chapter 2206, Subchapter B, Government Code (as added by Senate Bill 18, 82nd Regular Session) requires the Comptroller of Public Account to collect information and report to the Legislature all entitles in the state of Texas that have the authority to exercise the power of eminent domain. Entities that provide information to the Comptroller represent and warrant that the information is accurate and complete to the best of their knowledge. Entities that provide information acknowledge that It is their responsibility to submit a letter by certified mail, return receipt requested to the Comptroller's office, indicating that the Entity is authorized to exercise eminent domain authority and to identity each law that grants such authority. The Entity further acknowledges that the Comptroller's office is not responsible to submit said letter, nor Is It responsible for the Entity's failure to submit said letter as required by law, and that such failure may cause the entity's power of eminent domain to expire on September 1, 2013. The Entity also acknowledges that the Comptroller of Public Accounts is a state agency subject to Chapter 552 of the Texas Gov't Code (the "Texas Public Information Act') and court interpretations thereof, and that She information submitted to this oftice may be subject to disclosure to the public under Section 552.101, et seq., of the Code. tinder Ch. 559, Government Code, you are entitled to review, request, and correct information we have on file about you, with limited exceptions in accordance with Ch. 552, Government Code. To request information for review or to request error correction, contact us at the address on this form or sbi8compliance ©cpa.state.bc.us. By signing, I agree that the information is true and correct. Mail this form via certified mail to: sign A. here COMPTROLLER OF PUBLIC ACCOUNTS PO. Box 13942 Austin, Texas 78711 Signature Ronald L. Olson, City Manager Print Name/Title Addltsglar.info3i ataon S7ga;e romp11! f le ..ate "K 13s ar go 1a —297— Elate 361 - 826 -3220 Phone (area code and number) v y witldow texas av /sbl8cotn_p1iance, 50 -802 • 08 -1111 Page 1 of 2 Resolution authorizing the City Manager or designee to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82 "d Regular Session). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to sign and submit documentation of Eminent Domain Authority to the Texas Comptroller of Public Accounts detailing the City's legal authority to exercise its power of eminent domain, as required by Chapter 2206, Subchapter C, Texas Government Code (added by Senate Bill 18, 82nd Regular Session). ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: th day of 2012. OAktif Veronica Ocanas Assistant City Attorney for City Attorney 041012 RESO Em Dorn Auth —298— Corpus Christi, Texas of , 2092 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 041012 RESO Ern Dom Auth -299- Page 2 of 2 24 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/28/2012 TO: Ronald L. Olson, City Manager FROM: Daniel Biles, P.E., Interim Director of Engineering Services danb @cctexas.com; 826 -3729 CAPTION: Resolution determining necessity of improvements and Resolution setting a public hearing A. Resolution determining the necessity for and ordering the following improvement in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for partly by the City and partly by assessments; and directing the City's Director of Engineering Services to file a notice of the proposed assessment with the Nueces County Clerk. B. Resolution approving plans and specifications for improvement to the following roadway in Corpus Christi, Nueces County, Texas: Construction of Sound Wall — approximately 275 linear feet (FENCECRETE) at the corner of Flour Bluff Drive and Cornerstone Drive; approving the Director of Engineering Services' Project Construction Cost Estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessment to the abutting property owner; setting a public hearing on the proposed assessment to occur during the April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. BACKGROUND AND FINDINGS: On November 4, 2008, the City of Corpus Christi approved a bond package that included improvements to Flour Bluff Drive from South Padre Island Drive to Don Patricia. Work would include widening the road from two to four travel lanes with a continuous left turn lane to accommodate the increased traffic volume in the area. On two separate occasions, traffic engineering staff measured the sound levels in the vicinity of Flour Bluff Drive and Cornerstone Drive at the request of the resident whose property abuts this intersection. Both times, the decibels recorded were elevated and levels warranted some sort of sound attenuation measures. Based on the City's analysis, staff's recommendation was to use ground treatments or a minimal sound wall constructed of wood. The property owner has requested a sound wall be constructed using Fencecrete and will pay the difference between the minimal cost and the final cost of the Fencecrete Wall. The owner will pay for the improvements through the City's normal assessment process for city constructed improvements. This will include: -303- • Being assessed at 100% the cost of the wall, minus the City's contribution for minimal attenuation measures. • Signing a Mechanic's and Material's Lien and Promissory Note and arranging for monthly payments. • Once the Final Assessment Roll is adopted by City Council, the Final Roll and supporting Mechanic's Lien and Promissory Note will be forwarded to the Collection Section of the Nueces County Tax Office for billing on a monthly basis to include interest if not paid within thirty days. ALTERNATIVES: 1. Do not construct the sound wall. 2. Construct the sound wall, but do not require an assessment from the property owner. OTHER CONSIDERATIONS: This work will be changed order to the existing contract with the Haas Anderson Construction, who is the contractor for the Flour Bluff Drive Improvement Project to expedite construction and save costs. ASSESSMENT PROCEDURES: City Resolution No. 022767 specifies the procedures which apply to the assessment process. The Resolutions before the Council today will begin the process and direct the City's Director of Engineer Services to file a Notice of Proposed Assessments and set a public hearing on the assessments. Future City Council meetings will require: • Action on the two Resolutions introduced today (Action Agenda April 17, 2012) • Holding a Public Hearing (Future Agenda April 17, 2012, Action Agenda April 24, 2012) • Ordinance closing the Public Hearing and adopting the preliminary assessment role (Future Agenda April 17, 2012, Action Agenda April 24, 2012) • Motion approving the construction contract or change order to complete the work (This will not be required for this item because the cost is under $50,000. It will be processed as a small change order only requiring administrative approval.) • Adopting the final assessment rote (TBD, after construction is complete and accepted) CONFORMITY TO CITY POLICY: Conforms to statutes regarding the Assessment process. EMERGENCY /NON- EMERGENCY: Not Applicable DEPARTMENTAL CLEARANCES: N/A -304- FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year . Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Not required at this time. Comments: The estimated cost of the project to install the Fencecrete Wall is $30,209.68. After the Public Hearing an administrative change order will be issued to complete the work. The City's share of this amount is $6,700. After the project is complete, staff will come back to Council with the final project cost and assessment amount. RECOMMENDATION: Approval of the Resolutions as presented. LIST OF SUPPORTING DOCUMENTS: Copy of Petition Copy of Resolutions 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 —305— CITY OF CORPUS CHRISTI Petition Voluntary PavInn/Street Imnrovement Assessment Proeram We, the undersigned property owners, request the City of Corpus Christi (City) construct an improvement on the public right -of -way portion adjacent to property located at 1234 Cornerstone Drive, Corpus Christi, Texas 78418, at the corner of Flour Bluff Drive and Cornerstone, Corpus Christi, Texas. Improvement: construction of a sound wall (APPROXIMATELY 275 LF OF SOUND WALL (FENCECRETE)). Street improvement project: Flour Blum Drive Phase 1 and 2 — SPID to Don Patricio Project # 6498/6499 We understand that we will be assessed on the basis of the actual construction bid price and following front foot assessment policy: One hundred percent (100%) of the applicable cost of construction. It Is understood that the petition will be accepted only if the true property owners of property fronting on the requested improvements support the project by meeting one of the following requirements: petitienrer leRrheweyer. d. Both husband and wife must sign the petition e. In either event, all of the owners who represent this property as "Homestead Property." We, further understand that where sufficient street right-of-way does not exist, abutting property owners shall be required to dedicate the street right -of -way necessary to construct the herein requested improvements. If this right -of -way is not dedicated the improvements cannot be constructed. Mechanic's Lien contracts specifying our actual cost will be available to each of us alter bids have been received by the City of Corpus Christi. These contracts will be prepared for periods of time to permit monthly payments, including interest, on the unpaid balance at the higher of either eight percent (8 %) or the interest rate on the latest Capital Improvement Bonds sold. RETURN COMPLETED FORMS TO Petition Chairperson: City of Corpus Christi — Engineering Voluntary Paving — Sylvia Arriaga P.O. Box 9277 03 -08 -2012 Signature Scott F Corliss —306— Date 1234 Cornerstone Drive 361- 438 -8780 CITY OF CORPUS CHRISTI 8 t0 4 1 2 u u hg� 1 Resolution determining the necessity for and ordering the following highway improvement in Corpus Christi, Nueces County, Texas, in connection with the Flour Bluff Street Improvements: construction of a sound wall structure on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive; specifying that this improvement will be paid for partly by the City and partly by assessment; and directing the City's Director of Engineering Services to file a notice of the proposed assessment with the Nueces County Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Under Corpus Christi City Charter Article X, Section 1(a)(12) and Texas Transportation Code Chapter 313, the City Council determines that it is necessary to make the following improvement and orders the improvement: Construction of a sound wall structure (275 Linear Feet of FENCECRETE) on public right of way at the corner of Flour Bluff Drive and Cornerstone Drive (the "Project "). For purposes of this resolution, "highway" includes any part of a street, alley, public place, or square including a part left wholly or partly unimproved in connection with another street improvement. SECTION 2. The Project consists of an improvement to be paid for partly by the City and partly by assessments. An assessment against the abutting property will create a lien on the property and a personal liability and charge against the property owner. If the property is exempt from a street improvement assessment lien when the improvements are ordered, then no assessment lien will be created. The owner of the exempt property, however, will be personally liable for an assessment in connection with the property. An owner of exempt, property may voluntarily execute a Builder's and Mechanic's Lien Contract and Note to place a lien on the property. SECTION 3. To ensure that assessment liens take effect as soon as possible, and to ensure that the liens will apply to the fullest extent even if assessed property is subdivided or sold, the Director of Engineering Services will file a notice of the proposed assessment with the Clerk of Nueces County, Texas. This notice will describe, or describe by reference, the parcel of property abutting the proposed improvement. The notice will be substantially in the form attached to this resolution as Exhibit A. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO LEGAL FORM: 1 th day of Veronica Ocanas Assistant City Attorney for City Attorney 2012. Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott Preliminary Assessment Roll Sound Wall at Flour Bluff Drive and Cornerstone Improvements Item Owner and Quantity Assessment Total No. Property Description Assessed Description Rate Amount Amount 01 Mr & Mrs. Ninfa and Scott Corliss 275 I.f. Fencecrete $85.49 275 I.f. $23,509.00 1234 Cornerstone Drive Sound Wall per I.f. Corpus Christi, Texas 78418 EXHIBIT A —311— NOTICE OF PROPOSED ASSESSMENTS Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 Construction of Sound Wall — approximately 275 linear feet ( FENCECRETE) at the comer of Flour Bluff Drive and Cornerstone Drive. The assessment rate for this improvement is 100% and has been calculated in accordance with the City's current assessment policy and the estimate submitted by Haas Anderson Construction, Inc. The assessment rates are as follows: Item Price Plus Engineering Cost (if any) Assessment Rates 275 LINEAR FEET (FENCECRETE) Sound Wall $30,209.68 $85.49 per L.F. Actual Cost to abutting property owner $85.49 per L. F. Total Price Change Order No. 11 $30,209.68 Preliminary Assessment Amount to be charged to the abutting property owner $23,509 $85.49 per L. F City Share Cost for minimal attenuation $6,700.00 Daniel Biles, P. E., Interim Director, Department of Engineering Services City of Corpus Christi —31 2— EXHIBIT A CITY ENGINEER'S STATEMENT RE: PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 My name is Daniel Biles. I am the Interim Director of Engineering Services and City Engineer for the City of Corpus Christi and have served in this capacity for the last 2 months and as Assistant City Engineer for the last 20 months. I am a Professional Engineer, licensed by the State of Texas since 2008. I have over 20 years of experience in design of construction and estimating the costs thereof. I am familiar with this project which encompasses: Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 The project consists of construction of 275 linear feet of FENCECRETE as shown on the plans and called for in the specifications. Funds to finance the project are available in the FY 2011 - 2012 Street Improvement Program. Prior to this hearing, I had an estimate of project costs prepared, and the costs are true and accurate. This project is estimated to start in April of 2012 with completion in May, 2012. 1 Daniel Biles, P.E. Date Interim Director Department of Engineering Services City of Corpus Christi L —313— . 9 r..r% *' .. *Pp - i DANIEL BILES ‘01 •o '� 101367 / t, W,PI;,!- iaicfP;I:i*C°711. Exhibit "A" Resolution approving plans and specifications for improvements to the following highway in Corpus Christi, Nueces County, Texas: Flour Bluff Drive at Cornerstone Drive; approving the Director of Engineering Services project construction cost estimate including an estimate of the portion of costs to be paid by the City and the portion to be paid by assessments; setting a public hearing on these proposed assessments to occur during the April 24, 2012 City Council Meeting; directing the City Secretary to arrange to publish notice of this public hearing; and ordering the Director of Engineering Services to provide written notice of the public hearing to property owners. WHEREAS, in its Resolution passed on , the City Council determined that it was necessary to improve and ordered the following improvement of the following highway in Corpus Christi, Nueces County, Texas: Sound Wall at Flour Bluff Drive at Cornerstone Drive in connection with the Flour Bluff Drive Street Improvement Project; and WHEREAS, in Resolution , the City Council stated that the Project consisted of construction of sound wall (275 Linear Feet of FENCECRETE) on the public right -of -way at Flour Bluff Drive and Cornerstone Drive. The Director of Engineering Services prepared a Project Construction Cost Estimate (attached as Exhibit A). This estimate specifies anticipated total Project construction cost and the city portion of this cost, the preliminary total of assessments, and the applicable assessment rate. The estimate also includes a preliminary assessment roll listing the proposed assessment against the one abutting or affected property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The project plans and specifications are approved. SECTION 2. In accordance with Texas Transportation Code Section 313.024, the Project construction cost estimate is approved; however, the assessment listed in the preliminary assessment roll cannot be imposed until after a public hearing is conducted in accordance with state law and the City Council's Assessment Process Rules Resolution. SECTION 3. A public hearing on proposed assessments for the Sound Wall at Flour Bluff Drive and Cornerstone Drive Improvement Project will be held during ' the City Council's April 24, 2012 meeting. This meeting will begin at 12:00 pm. in the City Council Chambers, 1201 Leopard, Corpus Christi, Texas. SECTION 4. The City Secretary will arrange to publish notice of this public hearing in accordance with the Assessment Process Rules Resolution. resolution 2 —314— SECTION 5. The Director of Engineering Services will provide written notice of the public hearing to property owners, if necessary, in accordance with the Assessment Process Rules Resolution. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED AS TO LEGAL FORM: al th day of lati.40012. Veronica Ocanas Assistant City Attorney for City Attorney 032012f - 033712a reso no. 2 sound wall (approving plans, costs, and setting public hearing) —315— Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 032012f - 033712a reso no. 2 sound wall (approving plans, costs, and setting public hearing) —316— NOTICE OF PROPOSED ASSESSMENTS Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 Construction of Sound Wall — approximately 275 linear feet (FENCECRETE) at the corner of Flour Bluff Drive and Cornerstone Drive. The assessment rate for this improvement is 100% and has been calculated in accordance with the City's current assessment policy and the estimate submitted by Haas Anderson Construction, Inc. The assessment rates are as follows: it Price Plus Engineering Cost (if any) Assessment Rates 275 LINEAR FEET (FENCECRETE) Sound Wall $30,209.68 $85.49 per L.F. Actual Cost to abutting property owner $85A9 per L. F. Total Price Change Order No. 11 $30,209.68 Preliminary Assessment Amount to be charged to the abutting property owner $23,509 $85.49 per L. F City Share Cost for minimal attenuation $6'700'00 —3 1 7— Daniel Biles, P. E., Interim Director, Department of Engineering Services City of Corpus Christi EXHIBIT A CITY ENGINEER'S STATEMENT RE: PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 My name is Daniel Biles. I am the Interim Director of Engineering Services and City Engineer for the City of Corpus Christi and have served in this capacity for the last 2 months and as Assistant City Engineer for the last 20 months. I am a Professional Engineer, licensed by the State of Texas since 2008. I have over 20 years of experience in design of construction and estimating the costs thereof. I am familiar with this project which encompasses: Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 The project consists of construction of 275 linear feet of FENCECRETE as shown on the plans and called for in the specifications. Funds to fmance the project are available in the FY 2011 - 2012 Street Improvement Program. Prior to this hearing, I had an estimate of project costs prepared, and the costs are true and accurate. This project is estimated to start in April of 2012 with completion in May, 2012. CS/0 Daniel Biles, P.E. Date Interim Director Department of Engineering Services City of Corpus Christi -318- tiiF TFxnh io *' DAN1EL..BILES •,� 1 Re: PRELIMINARY ASSESSMENT ROLL, Sound Wall at Flour Bluff Drive and Cornerstone Drive Flour Bluff Drive Phase 1 and 2, S.P.I.D. to Don Patricio PR 6498/6499 My name is Eusebio Garza, III, and I am a Texas Certified Residential Real Estate Appraiser and have been evaluating property and real estate for the City of Corpus Christi since June 1998. I have experience in appraising both commercial and residential properties, and I am familiar with the real estate market in Corpus Christi. I am familiar with the sound wall to be constructed at Flour Bluff Drive and Comerstone Drive, and I am familiar with the improvements to be made by the City of Corpus Christi. I have reviewed the project assessment roll; and personally reviewed the parcel of land to be assessed. In my opinion this parcel will be specifically benefited by the improvement to be assessed against it; without regard to the community benefit. In addition, it is my opinion that the parcel will be specially enhanced by the improvement at least to the extent of the assessment stated. Thank you, yr' 3 -9 -/2 usebio Garza, III Date Manager, Property & . nd Acquisition Department of Engineering Services City of Corpus Christi —319— \Mproject \councllexhibits \ exh 6498b.dwg Phase 2 -- Flour Bluff Drive Graham to Don Patricio Flour Bluff Drive, Phase 1- South Padre Island Drive to Graham Phase 2 - Graham to Don Patricio CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 -- _- - tinlovaOlow 25 FowlCity of Corpus = Christi r....ma. AGENDA MEMORANDUM Future Agenda: March 27, 2012 Action: April 10, 2012 DATE: April 10, 2012 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Planning & Environmental Services E -Mail: Petean @cctexas.com Work Phone: 826 -3781 Texas Commission on Environmental Quality Grant for Air Quality PURPOSE: a. Resolution authorizing the City Manager, or designee, to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality in the amount of $442,300.00 for Air Quality Planning; authorizing the City Manager or designee to execute Amendment No. 1 to Interlocal Cooperation Agreement with the University of North Texas in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling; authorizing the City Manager or designee to execute Amendment No. 1 to Interlocal Cooperation Agreement with Texas A & M University Corpus Christi in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). b. Ordinance appropriating $442,300.00 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) has made an $442,300.00 available to the City for air quality planning. The City's Rider 8 Air Quality planning grant provides for the City to sub - contract Near Non - attainment Assessment and Planning and Pollution Prevention Partnership. The TCEQ and City will address the work program for the FY2012 -2013 funding through amendment of the work program to be administratively approved by the City Manager or designee. ALTERNATIVES: 1. Approval of the Resolution and Ordinance as recommended. 2. Decline to accept the grant offer. FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense c Revenue ❑ CIP K\Englneering DalaExchangelKevinS lGEN1ENVIRONMViirOuaI yGran12012- 2D13BienniumligendaMemoAirGrantApproprialionOrd &InterlocalAmendments.doc —323— FISCAL YEAR: 2011 -2012 (CIP Only) Year Years TOTALS Budget 283,665.90 158,634.10 442,300.00 Encumbered /Expended amount as of 08/30/2011 0.00 0.00 This item 0 283,665.90 158,634.10 442,300.00 BALANCE 0 0.00 0.00 0.00 FUND(S): Community Enrichment Grant Fund 1071 COMMENTS: Funds not sub - contracted will be utilized to defray the cost of grant administration. RECOMMENDATION: Approval of the resolution and ordinance as presented. CONFORMITY TO CITY POLICY: The contracts, and selection process complies with City Policy. EMERGENCY 1 NON-EMERGENCY: N.A. DEPARTMENTAL CLEARANCES: Engineering Services LIST OF SUPPORTING DOCUMENTS: Exhibit A: TCEQ Electronic Notification of Grant Apportionment Exhibit B: Contracts Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager K:IEngineering t7ataExchange4KevinSIGEMENVIROMMIAirQualityGrant2012- 20139ie_ ryjyrpy4gendaMemoAirGrantAppropriationOrd &InterlocalAmendments.doe TCEQFUndi ngNoti fi cati an FY12_13Ri der8Grant From: James Bowman sent: Wednesday, February. 29, 2012 4:47 PM To: Kevin Stowers Subject: FW: FY12- 13grantapportionmentsforCorpus :xlsx Attachments: FY12_ 13grantapportionmentsforCorpus .xlsx .Here is the e-mail from Eric on the 2012 -2013 grant apportionments. jim Original Message---- - From: Erik Gribbin mailto :Erik.Gribbin4tceq.texas.gov] sent: Friday, January 06, 2012 12:17 PM To: James Bowman Cc: David Brymer; Kim Herndon; stephen Davis subject: FY12_ 13grantapportionmentsforCorpus .xlsx Here are the rant apportionments for Corpus Christi for FY12 -13. The $80,000 we've been taking about is from the FY10 -11 biennium and is already on your grant (you just need a work plan amendment to access it). For FY12, we are making $283,665.90 available which you can access as soon as we can amend the grant to add .and get a work plan from you to spend. In the fall of 2012 we'll. have another $158K to add for FY2013. Erik Erik Gribbin Texas commission on Environmental Quality Air Quality Division (512)-239-2590 erik.gribbin @tceq.texas.gov Page 1 —325— Exhibit A Page .i of 2 Rider 8 FY2012 -2013 Estimated Apportionments as of November 3, 2011 $519,300.00 0 C 7 o 0 a $519,300.00 $1,038,600.00 $442,300.00 $158,634.10 $283,665.90 $569,800.00 $204,362.90 0 M o O o 0 o O 0 o 0 0 0 0 op Corpus Christi $1,139,600.00 San Antonio $543,800.00 $195,037.81 $348,762.19 $543,800.00 $1,087,600.00 Tyler - Longview -Ma rshail $462,300.00 $165,807.24 0 O O O O $143,462.90 $462,300.00 $924,600.00 $400,000.00 $143,462.90 $256,537.10 O 0 O 0 O Q 0 0 O O 0 0 I. $200,000.00 $128,268.55 $200,000.00 o o 0 o 0 0 O 0 0 o 0 O O o • • 1. Beaumont/Port Arthur O O 0 D ill $1,268,750.00 $2,268,750.00 $3,537,500.00 $7,075,000.00 -326- EXHIBIT B CONTRACTS AMENDMENT No. 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY - CORPUS CHRISTI AND THE CITY OF CORPUS CHRISITI WHEREAS, the City entered into a Grant Agreement for Air Quality Planning ( "Grant ") with the Texas Commission on Environmental Quality ( "TCEQ "), Contract No. 582-11-11223 for air quality planning activities in areas considered to be near non- attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and modification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend; WHEREAS, an element in the City's proposal for the Grant was Texas A &M University - Corpus Christi (TAMU -CC) was a continuation of the "Pollution Prevention Partnership and Education Outreach Program "; WHEREAS, TCEQ requested the City to submit a proposal for additional funding, and the City desires to supplement funding for TAMU -CC's "Pollution Prevention Parnership and Education Outreach Program"; WHEREAS, the supplemental funding contract between TCEQ and City provides funding for TAMU -CC's "Pollution Prevention Parnership and Education Outreach Program"; which TCEQ has extended into biennium 2012- 2013. NOW, THEREFORE, the parties agree to the amendment of Section 5. Price and Payment as follows: Section 5. Price and Payment, Paragraph 1 is revised to read: As compensation for the performance of the agreement, the City agrees to reimburse TAMU -CC on a cost - reimbursement basis an additional amount of Seventy Thousand Dollars ($70,000,00) in a restated amount up to Two Hundred, Seventy Thousand and nofxx dollars ($2.70000.001 , for expenses authorized under the Grant as approved by TCEQ. TAMU -CC agrees to expend funds under the budget detailed in Attachment C-1, Work Planh, which is attached to and incorporated into this agreement by reference. Section 5. Price and Payment paragraph a. is revised to read: a. This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to TAMU -CC, if funding is not available from TCEQ through the Grant. Payments may not exceed Two Hundred Seventv Thousand gind no /xx dollars ($270,000.00) from the execution of this Agreement A, ugust 31, 2012 to-August-34404C Page 1 of 2 CAUsersi nhoughWppDaiatocallMicrosoftlWindowslTemporary Internet FileslCr ontent. oullook1W8V73ZJPITAMUCCIntertocalAmdl .doc — 32 8- All other terms and conditions of the or originally ily ail authorized iDeffect. ecember 14, 2010, as amended, between the City and CITY OF CORPUS CHRISTI TEXAS A &M UNIVERSITY - CORPUS CHRISTI By: B Oscar Martinez Date �r Auth Assistant City Manager ntative Date ATTEST: Pr! ted Name Associate Vice President of Research Armando Chapa Date Title City Secretary APPROVED AS TO FORM: Veronica Ocanas Date Assistant City Attorney Pete Anaya; P.E. Date Director of Planning /Environmental Services Page 2 of 2 C: 1UserslmhougMlAppnalalLocallMlorosofl1WindowelTemporary Internet Files1ContentA uttook1W8V73ZJP1TAMUCCInterlocatAmdi .doc 3 2 9 - Exhibit C -1 Pollution Prevention Partnership Work Plan For City of Corpus Christi Purposes The following is a work plan, budget and time line for the Pollution Prevention Partnership: Timeline The funding that the Pollution Prevention Partnership is currently operating out of is funding received from the 2009 /2010 legislative session and will be depleted by April of 2012. Supplemental funding to continue Pollution Prevention Partnership activities through August 31, 2012 is provided by the proposed work plan. Budget Funding needed to continue Pollution Prevention Partnership activities through August, 2012 is $70,060 Work Play; The Pollution Prevention Partnership (P3) will develop, implement and deliver a Clean Fleet program for the Corpus Christi air shed. The Clean Fleet program will measure vehicle emissions from area public and private fleets for hydro carbons and NOx, coordinate emission reducing repairs to identified polluting fleet vehicles, retest the emissions of each repaired vehicle, calculate and quantify emissions reductions as a result of repairs, and document the . quantified emissions reductions directly related to the Clean Fleet program. P3 has received verbal commitments from the public fleets of Nueces County, Corpus Christi independent School District, Texas Department of Transportation, and the Port of Corpus Christi to participate in the Clean Fleet program. P3 has also received a verbal commitment from the Regional Transportation Authority to emissions test their diesel buses, test new CNG buses as they come into the fleet and provide an emissions comparison of a bus route run with a diesel bus and the same route with a CNG bus. The Regional Transportation Authority has purchased ten CNG buses and this comparison and database will be developed for each of the 10 buses. Additionally, P3 has received a verbal commitment from an air conditioning /heating company fleet, a delivery service fleet, a plumbing company fleet, and a construction company fleet to participate in the Clean Fleet program. Frequency of emissions testing for each fleet will be mileage based. Vehicles driven 20,000 miles per year or less will be tested annually and vehicles driven in excess of 20,000 miles per year will be tested quarterly. A minimum of 1 emissions testing will be performed each month. The approximate total of vehicles; both gasoline and diesel, committed to participate in the program thus far with preliminary surveying is 400. Additional public and private fleets will be recruited to participate throughout the term of the program with a total vehicle participation goal for the program of 800 vehicles. Deliverakles P3 will provide a report and database each month that includes a quantification of vehicles solicited to participate in emissions testing, quantification of vehicles successfully recruited to participate in emissions testing, quantification of each vehicle screened for emissions, quantification of NOx and hydrocarbons of each vehicle screened, quantification of polluting 1 Exhibit C-1 j I Page 1 of 2 J CAUaersi nitoughlAppOntaltocettAcrosoRlWindowelTemporary Internet FilestContent. OullooklW6W82JPWAMUCCAindlExhC -1 WorkPlenBudgetTimellne.docx —330- vehicles identified, quantification of vehicles repaired, quantification of vehicle emissions read after emission reduction repairs, and a quantification of emissions reduced as a result of the program. Each monthly report should be SIP defensible due to the vigorous and robust quantification of emissions reductions as a result of the program. Due to the significant cuts in funding received, general public education and outreach activities and funded vehicle repairs provided by the Pollution Prevention Partnership will no longer take place. Budget April 1, 2012 -- August 31, 2012 Salaries, Wages and Benefits for Director and Assistant ( *) $55,855 Indirect charges ( *) 13,420 Monthly telephone 300 Fuel for program van 125 Office supplies (printer cartridges, misc.) 100 Calibration gas for emissions sensing system. 100 Printing (reports, etc. for fleet partners) Total - $70,000 The position of Director requires 100% effort of a full time position. Tasks and deliverables for this position include preparation of work - plans, budgets, monthly reports, final reports, monthly invoices, direction of assistant position in all assistant activities, partner recruiting, and program accountability. The position of Assistant requires 100% effort of a full time position. Tasks and deliverables for this position include meeting with and recruiting partners, monthly pre and post repair emissions testing of fleets, coordinating repairs of polluting activities, preparation of monthly emissions reductions calculations, preparation of monthly emission reductions reports and databases, and monthly program equipment maintenance and calibration. Indirect charges are based on wages and salary only and are required by the Texas A &M University system for all University contracts. Contpct information Gretchen Arnold, Director, Pollution Prevention Partnership Phone -- 361 -825 -3070 gretchen.arnold @tamucc.edu Exhibit C -1 Page 2 of 2 C: lUseratmhoughWppDatalLocahMicrosoflWindows1Temporary internat. FiteslCon1ent. OutlooklW61/73ZJP ITAMUCCAmd1ExhC -1 WorkPianBudgetTimeiine.doox —331— e AMENDMENT No. 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN UNIVERSITY OF NORTH TEXAS AND THE CITY OF CORPUS CHRISITI INTERLOCAL COOPERATION AGREEMENT between University of North Texas ( "UNT ") and the City of Corpus Christi ("City), WHEREAS, the City entered into a Grant Agreement for Air Quality Planning ( "Grant ") with the Texas Commission on Environmental Quality ( "TCEQ "), Contract No. 582 -11 -11223 for air quality planning activities in areas considered to be near non - attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990, which activities may include without limitation identifying, inventorying, and modification and quantification of potential pollution reduction through voluntary control, and which activities will be consistent with TCEQ monitoring, Inventory and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend; WHEREAS, an element in the City's proposal for the Grant was UNT's proposed "Corpus Christi Ozone Near Non- Attainment Area Assessment and Planning Study," which study is being prepared by UNT, as a continuation of the City's Regional Air Quality Committee's Air Quality Assessment and Planning Program; WHEREAS, TCEQ requested the City to submit a proposal for additional funding, TCEQ stated that the preferred activity to be funded by the additional would be additional air quality monitoring and. modeling effort as set forth by UNT's "Corpus Christi Ozone Near Non- Attainment Area Assessment and Planning Study "; WHEREAS, the supplemental funding contract between TCEQ and City provides funding for UNT's "Corpus Christi Ozone Near Non - Attainment Area Assessment and Planning Study," in cooperation with its partners which TCEQ has extended into biennium 2012- 2013. . NOW THEREFORE, the parties agree to the amendment of Section 5. Price and Payment as follows: Section 5. Price and Payment, Paragraph 1 is revised to read, As compensation for the performance of the agreement, the City agrees to reimburse UNT on a cost - reimbursement basis an additional amount of Seventy Thousand Dollars ($70.000.00) in a restated amount up to Three Hundred Twenty Nine Thousand Dollars ($329.000.00). - - - : - ,- . : : - :.: : -- :. = • , . • • .. a for expenses authorized under the Grant as approved by TCEQ. UNT agrees to expend the additional funds under the budget detailed In Exhibit 2, Amended Work Plan, which is attached to and incorporated into this agreement by reference. Section 5. Price and Payment paragraph a is revised to read: Page 1 of 2 K:1Engineering OataExchangelKevtnEMEMENVI RONM1Air0uafityoranl20111UNTInteriocstAmdl .dac a. This agreement is funded exclusively from funds made available to the City by the Grant,•The City's obligation Is limited by the provisions of the Grant. The City Is not liable to make payment to UNT, If funding is not available from TCEQ through the Grant, Payments may not exceed _,, Th ree_Hundred Twenty Nine Thousand Doi ail ($329.000.00) v . • _ • : :. . , .. from the execution of this Agreement August 31, 2012 Est -3'1x 014. All other terms and conditions of the originally authorized December 14, 2010, as amended, between the City and UNT shall remain In effect. CITY OF CORPUS CHRISTI UNIVERSITY OF NORTH TEXAS B � y� By: ` �,. Oscar Martinez Date Vice President of Research Date City Manager Dr. Vish Prasad454 Jt tj Vice President for Research, Printed Name ATTEST: Armando Chapa Date City Secretary APPROVED AS TO FORM: The day of 2011 Veronica Ocanas Date Assistant City Attorney Pete Anaya, P.E. Date Director of Planning /Environmental Services Page 2 of 2 MEngineoring namExchangeWevinERGE WENVIRONMVdrQuality0rant20111L INTInterloca1Amd1.doc —333— EXHIBIT 2 GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND • THE UNIVERSITY OF NORTH . TEXAS (UNT) AMENDED WORK PLAN . TASK 1: Update Conceptual Model through the 2010 Ozone Season • The title of Task 1 Is changed to "Update Conceptual Model through the 2011 Ozone Season" The first paragraph of Task 1 Is changed to read: "The Performing Party, subcontracting to the University of North Texas, shall Identify necessary and sufficient conditions for high or exceeding ozone measurements in their program area (defined as the immediate metropolitan statistical area plus adjacent counties) of the ozone National Ambient Air Quality Standards (NAACS). The Performing Party's analyses shall Include any seasonal variations and use data through 201.1 to the extent possible. In particular, the Performing Party's analyses conceptual model will include the following analyses :" The' deliverable of Task 1 is•changed to read: "The Performing Party shall deliver an updated ' •' • . :Conceptual Model containing analysis of monitoring and other data through 2011. The conceptual model -shall be delivered to the TCEQ in a Microsoft Office Word and Adobe Acrobat Reader ( *.pdf) format. Accompanying data and other supporting material shall be provided in a mutually agreeable electronic format." • The deliverable date for Task 1 is changed to June 15, 2012. The cost of Task 1 is changed to: $22,000 - TASK 2: Arlibient Monitoring Projects The deliverable date for Task 2.1 Is changed to read "Continuously between September 1, 2010,. rand•November 1, 2070; and April 1, 2011, and November 1, 2011, and April 1, 2012 and August • 31, 2012." ' - • The.cost of Task•2.1 is changed to: $156,000 (See below for details) Exhibit 2 Page 1 of 4 ••.••. ••.••.• •. •. •• • ivr_ +xrrennr- ••.+•wwn. m.r.•JrvvmsSrrs+ �:i••a- �ievi%nn4A•••....+u..s =: aur.�ui�+vxm••xJirmrsr. in. rww�.efn:wr»+�uw:m.v;i=_� 1:xoe. � . n,.YrvSe-.� *„µ�+na r _ • —334— Monitoring Project: Continue Ambient A1r Monitoring Projects through August 31, 1022 2.1 .The Performing Party shall continue to collect and deliver any routine, hourly ambient monitoring data to the TCEQ in Austin (through the LEADS). In order to provide accurate, quality assured data for modeling efforts and to track movement of pollutants, the Performing Party shall operate the ambient air monitoring sites as listed in Table .2: .. Ambient Air Monitoring Sites to be Operated by the Grant Recipient. The geographical location of the monitoring sites is shown In Figure 1. Table 1, Ambient Air Monitoring Sites to be Operated by the grant.Reciplent LOCATION (ADDRESS) EQUIPMENT • (INSTRUMENTS) • START DATE END DATE Holly. Road site (CAMS Water pumping station Operated by the•City of Corpus ..C+hristl located in•the *wing suburbs of the'south side of the qty, - Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric • Temperature /Relative Humldity:iAT /RH) sensor, Zeno 3200 datalogger; and Enfora wireless modem. Effective Date April 1,'2012 November 1, 201.1 August 3l, 2012 Aransas Pass site 'f CAMS 659).- Wasteivater treatment plant opierated by City of Arans'as'Pass and In cooperation with the Sari Patricio Water District, A coastal Iocatlon to the NE of Carpus Christi. Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric ••• • • • . Temperature/Relative Humidity (AT /RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Violet site (CAMS 664) - Pumping station located west of Corpus Christi. Rural Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Effective Date April 1, 2012 November 1, 2011 August 31, 2012 Effective Date November 1, 2011 Exhibit 2 Pa, e 2 of 4 •... . .� ..�.. •.... L v. ..♦ c .. +Y i(giiiv'�j�•�'�""'?�.�.�§� ^ "�'�"�x'as'.'.a.:f:w�✓.�.��" �}�- •;sier h :.,:�..•. min :4%.� *d.�.u�Gina,Au'��;Yw.;., Fmk• �u4i,• w• 4�'. is��fani :vi�,y;�a�Fde•w�.i�4v "liq =S'` O'7;0"•..iaid"�= "..A`..,.... gia/nw. •' wnriawvw ti5 _...- at�L. —_ _ -• a�iFF. 9.° r.' RLsak '?:•T- sT.i�al.`tia'�.•4'fiii -s "' i'{ �1'. a. �+:. �. we. Y7+ 1N: i' i=:?:- F. c: �' �nu�» r.. eir- �! �.°. �:: Sh ...- .2_._____'9." °�r�sav�,�..Y ...... ._. �.... �... �uuw•. �......•.. L. r. �. mrnw. uw. wn. �.. �n• ...nsu..mw- uwww.«..,».- ........ ............ .... .... ... ...... ...... ■Y:..... ....__.._.___... .. ncw. —335— 1 i . . The data will be transferred regularly to the TCEQ's Leading Environmental Analysis and Display System (LEADS} data system. These monitor sites are described as -specified In Table. The Performing Party shall operate these four monitoring sites from April 1 until October 31. All routine monitoring data that will be sent to the TCEQ 's on -IIne data display system or Texas Air Monitoring Information System will be collected using the TCEQ standard procedures, where they exist, as the minimum specification for the Work,' unless otherwise agreed to ahead of time by the TCEQ. Existing standards or procedures are available from the Field Operations Support Division. This contractor - owned transfer standard will be calibrated according to TCEQ specifications, policies and procedures In the TCEQ's NAMS /SLAMS Network and U.S. Mexico Border Support Activities Quality Assurance .Project. Plan for Air• Monitoring in Texas. These requirements are based on requirements f4tarid in. the code of Federal Regulations (CPR) 40, Parts 50, 53, and 58. See URL titto://wwW.eoa.gov/dociienacfr40/chaot-Linfo/subch- -. , D'elfverable:..Ambient monitoring data collected at monitoring sites to be delivered to the .TCEQ's LEADS. Delliter'dble Date:.Continuotasly. between April 1, 2011 and November 1, 2011, and April 1, 2012 • •and•August 31,•2012. • • • Cost'' $;156,0.00.00 • The arriended work plan between the Texas Commission on Environmental Quality and the City of 'Carpus Christi is appended -to this document. Exhibit 2 Pace4of4 'iai5�i"vid.74s i.L::tiitiG�:YY1 17141: �i�iL�ilnFlF1Y/' I�r. �.' tTL3"' y�' �ivetiw •'+w >ii�eiL:U'LYl•�'.�.i•f� -YS • eritlrdC�V. �'='? �• �o3� 'iN'�+�l +��Y�i�.YFCYw "..��.. � i�vT[M4'kiNlti`�+4NtVT:� ,,x.� - 'ai1k�:YYrrviieYti+''i�r+& F�e� •� an; +- ra�rr°..«�.a. +i: a!r+�:�u&s"?;:.�=- =:`=ro'�:x e 1 +���iifR".AA"!',1i: �. �, YLYh�` S4iL�Y..:= �"`+ FF: V'- Y }i'!'A1'Snnr�85k4t•:."�.4'ii•r S�: "" _ ___ _— _ _ Page 1 of 2 Resolution authorizing the City Manager, or designee, to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality in the amount of $442,300.00 for Air Quality Planning; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with North Texas University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling; authorizing the City Manager or designee to execute Amendment No. 1 to the Interlocal Cooperation Agreement with Texas A & M. University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a FY2012 -2013 Biennium Rider 8 Grant from the Texas Commission on Environmental Quality in the amount of $442,300.00 for Air Quality Planning. SECTION 2. The City Manager or designee is authorized to execute Amendment No. 1 to the Interlocal Cooperation Agreement with North Texas University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for Air Quality Monitoring and Modeling. SECTION 3. The City Manager or designee is authorized to execute Amendment No. 1 to the Interlocal Cooperation Agreement with Texas A & M University in the amount of $70,000.00 to extend the term of the Agreement through August 31, 2012 for the Pollution Partnership Alliance (Air Quality). ATTEST: Armando Chapa City Secretary APPROVED: j1) th day of Veronica Ocanas Assistant City Attorney for City Attorney 2012. THE CITY OF CORPUS CHRISTI Joe Adame Mayor RESOLUTION accepting $442300 from TCEQ Air Quality Planning Interlocal Ks N Tx U TAMU -CC (2) v.2 -337- Page 2 of 2 Corpus Christi, Texas of 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott RESOLUTION accepting $442300 from TCEQ Air Quality Planning Interlocal Ks N Tx U TAMU -CC (2) v.2 —338— Page 1 of 2 Ordinance appropriating $442,300.00 from the Texas Commission on Environmental Quality in the No. 1071 Community Enrichment Grants Fund for air quality planning activities; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. An amount of $442,300.00 from the Texas Commission on Environmental Quality is appropriated in the No. 1071 Community Enrichment Grants Fund for air quality planning activities. Section 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the day of April, 2012. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: 12 -Mar -12 By: AMOVIALIA-- Veronica Ocana Assistant City Attorney for City Attorney Joe Adame Mayor 041012 ORD APP $442,300 from TCEQ for air quality planning —339— Page 2 of 2 Corpus Christi, Texas Day of , 2012 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Kelly Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 041012 ORD ARP $442,300 from TCEQ for air quality planning —340- 26 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 4/4/2012 TO: Ronald L. Olson, City Manager FROM: Eddie Ortega, Director of Neighborhood Services (' Eddieo @cctexas.com 361- 826 -3234 Resolution acknowledging CDG Housing Corpus Christi, Ltd. application for Texas Department of Housing and Community Affairs; HOME Investment Partnership Program Funds as part of their local match as required in their tax credit application for the proposed multi - family project; Villas at Woodbend CAPTION: Resolution acknowledging CDG Housing Corpus Christi, Ltd. application for Texas Department of Housing and Community Affairs; HOME Investment Partnership Funds as part of their local match as required in their tax credit application for the proposed multi - family project; Villas at Woodbend BACKGROUND AND FINDINGS: The Villas at Woodbend is an affordable housing development consisting of 156 residential units in the City of Corpus Christi, designated for families whose income is at or below 60% of Area Median Income. CDG Housing Corpus Christi, Ltd. intends to submit a joint application to Texas Department of Housing and Community Affairs ( "TDHCA ") for 2012 Housing Tax Credits and HOME Investment Partnership Program funds for the Villas at Woodbend. ALTERNATIVES: None OTHER CONSIDERATIONS: This resolution will not prioritize the applicant over other applicants competing with them in the Corpus Christi market. CONFORMITY TO CITY POLICY: City Council approval is required for the passing of a resolution. EMERGENCY INON- EMERGENCY: This item is non - emergency. —343 -- DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends that City Council recognize the applicant's application for HOME Investment Partnership Funds from the Texas Department of Housing and Community Affairs and supports Affordable Housing. LIST OF SUPPORTING DOCUMENTS: Resolution 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 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS IN SUPPORT OF THE PROPOSED CONSTRUCTION OF THE VILLAS AT WOODBEND, APPROVING AN APPLICATION FOR 9% HOUSING TAX CREDITS AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS TO FINANCE SUCH PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, CDG HOUSING CORPUS CHRISTI, Ltd. and its affiliates (the "Applicant ") propose to construct The Villas at Woodbend, an affordable housing development consisting of 156 residential units (the "Affordable Housing ") in the City of Corpus Christi, designated for families whose income is at or below 60% of Area Median Income; and WHEREAS, CDG Housing Corpus Christi, Ltd. intends to submit a joint application to the Texas Department of Housing and Community Affairs ( "TDHCA ") for 2012 Housing Tax Credits and HOME Investment Partnership Program funds for The Villas at Woodbend; and WHEREAS, §50.9(b)(5), Texas Administrative Code, which gives Housing Tax Credit points for the commitment of development funding by the Unit of General Local Government, states that the TDHCA HOME Program funds will not qualify for points in this category "unless a resolution is submitted with the application from the Governing Body of the Unit of General Local Government authorizing that the Applicant act on behalf of the Unit of General Local Government in applying for HOME Program funds from TDHCA for the particular application "; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council of the City of Corpus Christi hereby confirms its support for the development of the Affordable Housing. SECTION 2. The City Council of the City of Corpus Christi hereby approves the Applicant's application for Housing Tax Credits from the Texas Department of Housing and Community Affairs and authorizes an award of Housing Tax Credits for the Affordable Housing pursuant to the Qualified Allocation Plan of the Texas Department of Housing and Community Affairs. SECTION 3. The City Council of the City of Corpus Christi hereby recognizes the Applicant's application for HOME Investment Partnership Funds from the Texas Department of Housing and Community Affairs, and supports Affordable Housing. SECTION 4. This Resolution shall become effective immediately upon its passage. PASSED AND APPROVED this _ day of , 2012 at a Regular Meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa, City Secretary Joe Adame, Mayor APPROVED AS TO LEGAL FORM: April _ , 2012 Carlos Valdez, City Attorney Corpus Christi, Texas of , 2012 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Kelley Allen Larry Elizondo, Sr. Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 3 of 3 -347- 27 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/22/2012 TO: Ronald L. Olson, City Manager THRU: Eddie Ortega, Director of Neighborhood Services �1 EddieO(cctexas.com 361 - 826 -3234 FROM: Rudy Bentancourt, Interim CD Administrat 1 RudyB @cctexas.com 361 -826 -3021 Public Hearing for the proposed FY2012 -2013 Consolidated Annual Action Plan regarding the Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Programs. City Council discussion and possible recommendations of projects. CAPTION: A. Public hearing regarding the City of Corpus Christi's proposed FY 2012 -2013 Consolidated Annual Action Plan (CARP) for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships (HOME) Programs. B. Council discussion and possible recommendations on a list or projects / activities to be funded. BACKGROUND AND FINDINGS: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2008- FY2012 Consolidated Plan /Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2012-2013 CARP. An initial public hearing was held at Corpus Christi City Hall on December 13, 2011. The public hearing to be conducted on Tuesday, April 17, 2012 by the City of Corpus Christi's City Council will satisfy the requirement of the second hearing. The City of Corpus Christi will receive the following allocation from HUD. $2,592,315 — Community Development Block Grant (CDBG) —11 % reduction from FY2011 -2012 $ 264,533 — Emergency Solutions Grant (ESG) — 78% increase from FY2011 -2012 $1,030,675 — HOME Investment Partnership Program (HOME) -- 38% reduction from FY2011 -2012 An additional $500,000 generated from the Revolving Rehabilitation Loan Program (Program Income) and $300,000 generated from Program Income from Demolition Liens and Property Clearance will be made available to the CDBG Program for continued funding of those programs. Additionally funding in the amount of 03,279 recaptured from previously funded projects that were unspent have been made available to be 5.:bgrammed to augment funding levels for the upcoming FY 2012 -2013 CDBG program allocations for a tj funding level of $4,005,594. -351 -- Since 1975, the City of Corpus Christi has received funding for its CDBG Programs in excess of 165.6 million, of which approximately $16.8 million has been income generated by various programs administered by the Neighborhood Services Department. The ESG Program will have an allocation amount of $264,533 for FY2012 -2013. The intent of the ESG Program funding is to provide funding to providers of Homeless services to defray the cost of operations and maintenance of local Emergency Shelters in addition to provide funding for rehabilitation, counseling, training and other essential Homeless prevention activities. The HOME Program will have an allocated amount of $1,030,675 as a funding level from entitlement funds to be received, with an additional $1,156,309 being made available for reprogramming from previously funded recaptured program funds, as well as $200,000 from Program Income from the Rehabilitation Program for an estimated available funding amount of $2,386,984 for the FY2012 -2013 Budget Year. A Public Hearing was conducted on December 13, 2011 at Corpus Christi City Hall. Additionally, the Community Development Division of Neighborhood Services Department conducted three (3) Technical Assistance Workshops for potential applicants. The City of Corpus Christi meeting scheduled for April 17, 2012, as part of their regular agenda, will conduct a Public Hearing on the proposed FY2012 -2013 CAAP. At the conclusion of the Public Hearing, the City Council will have the opportunity to discuss and present recommendations on the list of proposed projects /activities of the FY2012 -2013 CAAP. Adoption of the FY2012 -2013 CAAP will be presented at the next City Council meeting Scheduled for April 24, 2012. The FY2012 -2013 CAAP will be published on May 6, 2012. This will initiate a thirty (30) day comment period for citizens of Corpus Christi to review and provide comments prior to the submission of the FY2012 -2013 CAAP to HUD on June 13, 2012. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Public Hearing is required per HUD Regulations. EMERGENCY/ NON- EMERGENCY: This item is non- emergency DEPARTMENTAL CLEARANCES: Legal Finance -- Federal Grants and Office of Management and Budget FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None Not applicable Project to Date Expenditures (CJP only) Current Year Future Years TOTALS RECOMMENDATION: At the conclusion of public hearing, the City Council, may at their discretion, discuss any and all recommendations and provide direction on the projects /activities to be funded under the FY2012 -2013 CARP LIST OF SUPPORTING DOCUMENTS: Attachment "D" 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 RECOMMENDED FY2012 CDBG PROGRAM FY2012 CDBG Allocation Reprogrammed Funds Program Income from Demolition Liens and Property Clearance Program Income from Rehabilitation Program TOTAL FUNDS AVAILABLE FOR FY2012 CDBG PROGRAM $2,592,315 $613,279 $300,000 $500,000 $4 005,594 ATTACHMENT "D" CITY OF CORPUS CHRISTI FY2012 ANNUAL ACTION PLAN Consolidated Plan FY2013 -2017 The U. S. Department of Housing and Urban Development (HUD) requires each focal jurisdiction to consolidate into a single submission the planning & applications for the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG) Program, and HOME Investment Partnerships Program (HOME). in accordance with HUD regulations, the City is required to submit a new Consolidated Plan (Plan) for FY 2013 for a 5 year term. This includes both a planning document and an application for the CDBG, ESG, and HOME Programs that are developed to achieve the goals to principally assist with funds received under these programs and other HUD Programs that help to meet the housing and community development objectives. This project proposal will in essence fund the preparation needed with the assistance of a consultant to conduct a new Consolidated Plan FY2013 to FY2017. This will also include updating the Analysis of impediments which outline Federal Laws, Policies and Compliant Laws, and Impediments of Fair Housing Choice and remedial activities to address impediments. $60,000 Demolition Program This program consists of demolition of substandard structures determined to be health, safety and welfare issues that result in 51% or more deterioration of the general structure. The demolition of these structures is an abatement deemed necessary by the Building Code and Public Safety Officials. The removal of unsafe structures is a priority for neighborhood revitalization within the community and as a goal established by City Council for livable neighborhoods. Each structure will be assessed and surveyed as a substandard building case; providing the property owner an opportunity to resolve the substandard conditions within the parameters of the City's Building Codes. The substandard structures are demolished under the authority of a judge's ruling via Environmental Municipal Court and the Demolition Program that allows the property owner to voluntarily agree to have their structure demolished. CDBG Program Administration This project will fund staff salaries and administrative costs. Staff is responsible for administering the Community Development Block Grant (CDBG), Community Development Block Grant - Recovery (CDBG -R), the HOME Investment Partnership (HOME), Emergency Solutions Grant (ESG) Programs, Continuum of Care (COC) and the Homeless Prevention and Rapid Rehousing Program (HPRP). Staff interprets CDBG, HOME, ESG, COC, HPRP and CDBG -R federal regulations, conducts public hearings /meetings, reviews propose projects and activities to determine funding, eligibility, monitors sub- recipients, provides technical assistance, conducts environmental assessments of funded projects /activities and enforces Davis -Bacon federal wage rate requirements. $200,000 $420,027 $60,000 $200,000 $420,027 -354- 1 6 8 9 Code Enforcement Program The Code Enforcement request is to fund staffing for salaries to support 7.25 full time employees (FTE's): 5 -Code Enforcement Property Advisors (100 %); 1- Code Enforcement Property Advisor (50 %); 1- Zoning Project Coordinator (50 %); 1- Senior Account Clerk/Administrative Support (100 %); 1- Zoning & Code Enforcement Administrator (25 %) In the of amount of $323,296.34 which includes a total of $7,250.00 (7.25 Staff members @ $1,000.00 = 7,250.00) for training through classes, seminars and /or conferences for education opportunities and for certifications required for code enforcement. The Property Advisors and Zoning Project Coordinators are responsible for the inspection of properties within CDBG eligible areas for violations of approximately seventy five (75) health, safety, and welfare related City Codes. These staff members coordinate violation abatement, City services and other programs to address specific needs to each property. Within the majority of the CDBG eligible areas, sustainability efforts are a challenge and need continued monitoring and citizen compliance to be successful. These efforts support the City Council's objective of enhancing the City Council's objective of enhancing the City of Corpus Christi "Pride" initiative through revitalization and sustainability in all CDBG eligible neighborhoods. Mortgage Servicing Staff salaries and operational funding of our Mortgage Servicing section. Current salaries include one Senior Account Clerk and one Senior Staff Assistant that manage the servicing of all loans provided through the Single Family Rehabilitation Loan Program. Services include collection loan payments, escrowing of insurance and property taxes, paying of insurance and property taxes, providing Tax Form 1098, preparing end of year escrow analysis, daily posting of payments, and providing release of liens on loans that are paid off. Rehabilitation Services This is the operating budget for staff that service the various housing programs including staff salaries. Staff provides services for the Single Family Rehabilitation Loan Program, Emergency Horne Repair Grant Program, $5,000 Homebuyer Assistance Program, Type A Affordable Housing Programs, and Nueces County Community Action Agency homebuyer programs. Staff include Applicant In -Take, Loan Processing, Loan Settlement, Loan Closing, Loan Counseling, Homebuyer Educational Classes, developing project specifications, project management, and estimating project costs ADA Improvements in CDBG Areas This grant request addresses design and construction of approximately 4,600 linear feet of 5' wide sidewalk and 30 curb ramps along Water Street and portions of Shoreline Drive between Craig Street and Born Street . This area is included in the draft ADA Master Plan Phase 1, Package A. Clearance of Vacant Properties Program This project consists of clearance of vacant properties in regards to the removal of accumulation of litter and solid waste, the mowing of tall weeds and dangerous weeds and the abatement of unsightly and unsanitary matter in all CDBG eligible areas. The City may charge an abatement cost and place a lien against the properties to cover the cost incurred. Residential Traffic Management Program In April 1998, the City Council approved the Residential Traffic Management Program (RTMP) which provides for installation of speed humps to improve neighborhood traffic safety on local residential streets. This program includes the possibility for residents to share in the cost of the installation of speed humps under certain conditions. The purpose of this request to allocate CDBG funds to bear the installation costs in qualified CDBG eligible tracts. Thus far, since the inception of the RTMP, residential neighborhoods in CDBG areas have not elected or been able to participate in the RTMP due to difficulty in the residents' share of the cost. This request will allow the entire speed hump in CDBG areas to be funded by the grant and therefore there will be no cost to residents at all. $323,296 $85,877 $792,115 $400,000 $200,000 $20,000 $323,296 $85,877 $600,000 $301,356 $200,000 $10,000 -355- 2 10 Ethel Eyerly Senior Center Restroom Expansion This project is to expand the Men's and Women's restrooms. The present exterior wails will be removed and new exterior walls constructed . The new wall will be adjacent to the front walkway. This will increase the square footage of the restrooms making room for an additional ADA Accessible stall in each restroom. Re- construction of the front entrance way canopies and shade structures will be required because they are tied into the current exterior walls and the moving of the walls affect the structures. The new canopy to the Dining Room can be installed during "Phase 1" of the center renovation. The canopy over the front entrance doorway can not be installed during "Phase 1" because of exterior wall construction that will be part of "Phase 2 ". The new stalls plus the existing stalls will receive new stall partitions and doors were required. Also, this may require additional lighting, along with the need for additional Heating and Air Conditioning in this area of the building. The present front door is in poor condition and will be replaced with a new push pad automatic opening door system improve accessibility. Emergency Home Repair Grant Program Emergency repair grants up to $6,500 for repairs and up to $4,500 for lead based paint remedial activities required by the U.S. Department of Housing and Urban Development (HUD) regulations on houses built prior to 1978 . Work is limited to roof repairs, plumbing, electrical, heating, minor structural repairs, and lead based paint remedial activities. Lead based activities may include actual work or testing required to meet the lead based paint requirements. Assistance through this program is provided to very low income homeowners who are 65 years old or older or disabled. Requesting $520,000 to assist approximately 47 homeowners. Single Family Rehabilitation Loan Program The Single Family Rehabilitation Loan Program benefits only low and very low income homeowners. The Program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide loans, demolition, relocation of homeowners - being assisted with the reconstruction of their homes, and to pay for lead base paint remedial activities in order to comply with HUD regulations. The funds provided for demolition, relocation, and lead base paint activities are provided as a grant to the homeowner. Requesting $700,000 to be used for loans, relocation, demolition, and lead based paint remedial activities, which may include work and testing. We estimate being able to assist 10 homeowners through the Demolition /Replacement Program and 5 homeowners through the Rehabilitation Loan Program. Youth Odyssey This is a partnership program between the City of Corpus Christi, Parks and Recreation Department and Youth Odyssey. It is an outdoor challenger program for youth between the age 10 and 16 . There would be (4) programs each lasting (6) weeks. The courses include outdoor team building, wilderness trips, rope challenges, and other activities designed to enhance the youth's leadership skills, decision making and self confidence. This program also includes elements of the program that includes parents and guardians of the children build working relationships and shared skills to form bonds. The program will serve 60 youth along with their families. Comprehensive Planning Assistance Comprehensive Planning includes Implementation of the Corpus Christi Integrated Community Sustainability Plan, Completion of the Downtown Redevelopment Plan and the beginning of the implementation phase of the plan. Continued planning assistance as necessary with the redevelopment of the City's Bayfront and Marina. Capital Improvement Planning (CIP), a major focus of the Planning Department, is to assist with the prioritization of CIP Projects and to assure that projects identified in the Comprehensive Plan are included in the CIP. Utility Master Plans over the next several years the Planning Department will be combining existing utility master plans into a coordinated overall utility plan for the City. Planning implementation for Corpus Christi Beach Development Plan will include capital improvements and enhancement projects. $188,895 $520,000 $700,000 $1 2,500 $75,000 $188,895 $300,000 $500,000 $12,500 3 16 RTA Bus Stop Landing Pads & Accessible Routes In CDBG Areas Category 3 This project will construct 8 ADA compliant bus stop landing pads in CDBG Areas. The project will address the non - compliant issues of 1) ADA ramps 2) Accessible routes & ADA compliant bus stop landing pads for 8 bus stops. This project would begin as soon as funds are available with the first task being design for ADA compliance of deficiencies. The second task would incorporate construction of the compliant facilities. This project will be matched 50/50 (CDBG /RTA) Ethel Eyerly Senior Center Expansion, Entrance & Office This project is to expand the area of the "Meeting Room ", the front office and relocate the storeroom to make better use of the building space. It will create a second office. This will allow making a receptionist office with a sign in window in the area of the current office. The current storerooms, along with additional square footage from the expansion, will allow the creation of a second office that will allow for a more secure work and record keeping area and a place where matters can be dealt with in privacy. The old small kitchen space, currently un- used, will be renovated and the doorway relocated to make a storage area roughly 40% larger than what is currently available. The Meeting Room will be expanded as a part of exterior wall relocation and will increase the size of the room to be nearly equal in size to the Dining Room area. With the relocation of the exterior walls on both the office side of the building and the restroom side, there is the opportunity to make an "Air Lock" entrance way into the building. This will help reduce the heat load on the interior of the building as people come and go from the building in the summer months and help keep the building warmer during the winter months. Both the interior and exterior doors will be push pad automatic opening doors to allow for easier accessibility. There will be a need for renovation and improvement to the heating and air conditioning systems to meet the increased load of the enlarged center. There will also be improvements to the lighting and sound system in the halls and office areas. The construction of the will allow a new canopy systern to be installed over the front doorway. Accessible Routes in CDBG Residential Areas Phase 3 This project involves providing accessible routes in CDBG residential areas which do not have sidewalks but heavy pedestrian traffic. The proposed area is between Horne Road, South Port Avenue, and Greenwood Drive the area will be surveyed and curb ramps as well as sidewalks where none exist will be designed and constructed. There is much need in this area and this grant request will not cover the entire area. The plan is to start in the Port Avenue area and work westward until the funds are de +feted. State School Improvements This project is to continue the development of the State School Property/Manual Q. Salinas Park area according to.the Master Plan that has been design for this area. No additional site planning will be required. There would be a ground level playground area, design to appeal to children of all abilities. It would be installed in the area near the "Miracle Field ". The surfacing under the play area would be a resilient rubber surface to allow easy access to all parts of the structures. This will be a large play structure. This is in accordance with the Park Master Plan and a mover to Regional Parks with larger Play structures. There would be continuation of the trails and ramps in the park to bring people to the new play area and also connect to walking and exercise trail to the back of the park and to Airport Park, the neighborhood park that is adjacent to this park. This would make a looped trail. There is an estimated 3,200 linear feet of trail to complete as part of the Master plan for the State School property. $120,000 $336,384 $200,000 $612,640 -357- 4 H. P. Garcia Accessibility - This project consist of access to the play area. This will require parking lot improvements with an access ramp, sidewalk modifications and stripping. Access improvements to the swimming pool is necessary and will include sidewalk removal and re- installation, ramping from the parking lot closest to the pool, and stripping of spaces to meet the requirements. Access to the covered pavilion will require the removal of the ofd sidewalks that have moved and cracked causing an impassable route . (Movement was caused by ground movement in the old landfill area) Installation of new sidewalks that are 5 feet wide leading to and around the pavilion. A new ramp up to the deck will be needed (along with removal of the old ramp) because the present ramp is only 16 feet long with a rise of 26 inches. The ramp and the pavilion will require handrails and guard railing to make sure persons do not fall from the deck area. Public sidewalk accessibility needs to be improved at the driveway entrance. The shape of the curb where the sidewalk crosses the driveway is not accessibility friendly. This requires cutting the sidewalk and the curb, removing and re- pouring a new concrete sidewalk that has a slope that blends into the driveway crossover. There is an estimated 2,315 feet of walkway to remove. Installation of 1,285 feet of 5 foot walkway to replace the old broken and uneven walkways and 300 feet of hand rail and guard railing. -358- 5 'Aa y, k . ,elfl E': SSE. -n33 ,y� ' aJii'S'3•t+ J' �8 ia.�. Y ".-i�` E - x^t� f�f y �.e,� , 1 ': 4 ->� �? � - ... ,' a ., 1 Mental Health Mental Retardation Center of Nueces County Remove and replace the old, damaged and energy inefficient windows for both floors (back side and left side, right side and back of building) to create a more energy efficient environment and also to replace the unsafe parking lot which has many potholes and unleveled surfaces (front left side and back side of building) at 1546 S. Brownlee. Capital Contribution $5,000 $280,000 $280,000 2 Mother Teresa Shelter, Inc. For the pavement of the Mother Teresa Shelter Courtyard providing conservancy and sanitation of this public homelessfacility. Paved area will facilitate the daily surface cleaning left behind by the abandonment of pets, eliminating potential human health hazards. Paving will also make accessible the areas in the courtyard where shelter clients gather. Capital Contribution $5,700 $57,000 $57,000 3 Amistad Community Health Center Amistad Community Health Center is requesting funding to renovate a portion of the first floor space of the center to accommodate 4 additional patient exam rooms for adult primary health care services. Amistad Community Health Center serves a primarily low- income, uninsured, and medically underserved population, and these additional exam rooms would allow Amistad to expand services to additional adult patients. Capital Contribution $0 $209,980 $209,980 4 Sea City Work Camp Approximately 20 homes occupied by low income elderly and/or disabled homeowners will benefit from re- roofing activities. CDBG funding will cover material costs. Labor will be provided by adults and youth volunteers Capital Contribution $0 $50,000 $50,000 5 Miracle League The League serves children with mental and /or physical disabilities. CDBG funds will be used to install fencing and ADA sidewalks at the Airport Road facility. Fencing and ADA sidewalks will increase safety and accessibility for participants and their families to and from sport fields, parking lot, and the Corpus Christi State Supported Living Center. Capital Contribution $2,000 $64,663 $64,663 6 Boys and Girls Club of Corpus Christi Complete Final Phase of Sports Complex. Funds will be used for the completion of two parking lots (north and south end of the complex), as well as cement work and driveways at the back of the main building. Clientele includes over 2,00 youth who participate in Club program each year. Capital Contribution $0 • $150,000 $950,000 7 Coastal Bend Alcohol & Drug Rehabilitation Center dlblal Charlie's Place In order to ensure a safe and healthy environment in which our clients may pursue substance abuse treatment, Charlie's Place request funds to replace the old leaking roof on the two story portion of the center. Patched many times, the roof continues to leak and must now be replaced to prevent further damage to the building. The area is approximately 35,000 sq ft. Capital Contribution $1,000 $104,000 8 Nueces County Community ActionlWeatherizationlMinor Home Repair Approximately 27 homes occupied by very low income households will benefit from minor rehab and weatherization (energy efficiency) activities, including ADA improvements. Agency is leveraging Program with $632,627 DOE /LIHEAP funds $80,000 9 Del Mar College /Business Resource Center Del Mar College, through the Business Resource Center, is requesting funds to provide small business counseling & training assistance targeted to job creation /retention opportunities for low /moderate income (LMI) & Section 3 persons /businesses. Outreach /marketing efforts to better reach LMI'S. Capital Contribution $999,729 $243,000 -359- 6 Coastal Bend Center for Independent Living The project shall provide low income city wide citizens with barrier removal to include building wheelchair ramps and home modifications for individuals with 10 disabilities for owner occupied properties to include door widening, P g, grab bars, walk - in showers and related accessible modifications. Capital Contribution $0 $1 00,000 11 Mary McLeod Bethune Day Nursery, Inc. The proposed project for Bethune Day Nursery is to improve the exterior finishes of main building including cleaning and patching walls surfaces, recoating stucco and doors, replacing one exterior door and glazing in five exterior doors to improve security. Capital Contribution $ 2,000 $69,000 12 Wesley Community Center The Children's Cafeteria and Food Pantry areas are in need of new flooring. The current floors are very old linoleum that are tearing and causing trip hazards for elderly clients and young children Capital Contribution $0 $49,999.99 Total Non-Profit $1,449,643 $803,643 Total CDBG•Funding $6,987,807 $4,005,594 -360- 7 Corpus Christi Hope House Rehabilitation of existing garage to a multi- bedroom facility with 4 bedrooms, 2 bathrooms, a common kitchen and living area. The facility will provide housing for four homeless mothers and their dependent children (8 to 12 Clients) REASON: Ineligible to use CDBG funding for new construction housing Moody Park Accessibility and Route to School This project is to provide accessibility to the park and provide an accessible route for the persons going to school to crossover from Blackjack St to Castenon St by way of the park. The present walkway in the park are in such poor condition as to make them unpassible. This will require the removal of an estimated 1,110 linear foot of old walkway. New walkways will be installed. There is a need for 875 linear feet of 5 foot wide walkways. Also, there will be a need for curbside accessibility ramps on both the Blackjack and the Castenon sides of the park. The new walkways would also connect to the basketball court and to the play equipment area which currently do not have walkways leading to them. REASON: Due to Census 2010 information, project does not lie in a CDBG Eligible Area Southmoreland Addition Area Street Improvements Part 4 This project is a neighborhood improvement project. This low income residential area is in great need of street improvements and pedestrian amenities which are non - existent. This project will provide accessibility, underground storm water drainage, and upgraded utilities as well as improve the quality of life for the residents. This project consists of construction of a 28 foot back to back street pavement , curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B . Part 4 is the fourth portion of the project to be constructed. Part 1 has been constructed and Part 2 is being constructed currently. REASON: Due to Census 2010 information, project does not lie in a CDBG Eligible Area Southmoreland Addition Area Street Improvements 3B -4B - Part 5 This project is a neighborhood improvement project. This low income residential area is in great need of street improvements and pedestrian amenities which are non - existent. This project will provide accessibility, underground storm water drainage, and upgraded utilities as well as improve the quality of life for the residents. This project consist of construction of a 28 foot back to back street pavement, curb, gutter, sidewalk, ADA requirements, driveways, underground drainage and utilities for Phase 3B & 4B. Part 5 is the final portion of the project to be constructed. Part 1 and 2 has been constructed and Part 3 is being currently constructed. REASON: Due to Census 2010 information, project does not lie in a CDBG Eligible Area TOTAL INELIGIBLE $150,000 $116,463 $539,300 $657,100 $1,462,863 -361- 8 RECOMMENDED FY2012 ESG PROGRAM FY2012 Emergency Solutions Grant Allocation ATTACHMENT "D" -362- 1 R t` & • • p g Y� § - yam" .�`1 F : � . - a5, `'1 .�' � I.�p � �6 id! , -10 ` r A , A s �� Y-r F � -�. 1 Corpus Christi Metro Ministries Funding requested for the ESG Activity Components of Emergency Shelter- Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance $150,000 $60,000 2 The Salvation Army Funding requested for the ESG Activity Components of Emergency Shelter- Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance $70,000 $56,694 3 Catholic Charities of Corpus Christi Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium -term rental assistance $25,000 $20,000 4 City of Corpus Christi - ESG Administrative Cost Administrative cost is being requested in essence to offset cost for the participation in the Homeless Management Information System (HMIS). HMIS is a Mandated database for those agencies receiving ESG Emergency Shelter Grant Program, Homeless Prevention & Rapid Re- Housing Program and Continuum of Care Grant Program Funds $19,839 $19,839 5 Coastal Bend Alcohol & Drug Rehabilitation Center d.b.a. Charlie's Place . Funding requested for the ESG Activity Component of Emergency Shelter - Essential Services and Shelter Operations $36,000 $15,000 6 Corpus Christi Hope House Funding requested for the ESG Activity Components of Emergency Shelter- Essential Services and Shelter Operations; Homeless Prevention -Case Management and short - and medium term rental assistance; and Rapid Re- housing -Case Management and short- and medium term assistance $23,000 $15,000 7 Recovery Contacts, Inc. Funding requested for the ESG Activity Component of Emergency Shelter- Essential Services and Shelter Operations $47,468 $15,000 8 Wesley Community Center Funding requested for the ESG Activity Component of Emergency Shelter- Essential Services and Shelter Operations $25,000 $15,000 9 assistance; and Women's Shelter of South Texas Funding requested for the ESG Activity Components of Emergency Shelter - Essential Services and Shelter Operations; Homeless Prevention -Case Management and short- and medium term rental and Rapid Re- housing -Case Management and short - medium term assistance $30,000 $15,000 -362- 1 Mary McLeod Bethune Day Nursery, Inc. 10 Funding requested for the ESG Activity Component of Emergency - Shelter- Essential Services and Shelter Operations 11 South Texas Substance Abuse Recovery Services, inc. (STSARS) Funding requested for the ESG Activity Component of Homeless Prevention -Case Management and short- and medium -term rental assistance $25,000 $13,000 $30,000 $10,000 12 Timon's Ministries Funding requested for the ESG Activity Component of Emergency Shelter- Essential Services and Shelter Operations $16,980 $10,000 Total $498,287 $264,533 so * All ESG funding must be matched at 100% —363- 2 RECOMMENDED FY2012 HOME PROGRAM ATTACHMENT "D" FY2012 HOME Allocation Program Income Reprogrammed Funds TOTAL FUNDS AVAILABLE FOR FY2012 HOME PROGRAM $1,030,675 $200,000 $1,156,309 $2,386,984 Homebuyer Assistance Program. ($5,000) Provide deferred forgivable loans to low income homebuyers to assist them with down payment and closing costs for the purchase of a home. Home Administration/Technical Assistance Administrative funds for staffing, planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping /reporting and overall program management. Technical assistance will be provided to enhance the capacity of CHDO's, non - profits, owners/investors of rental property and other organizations that may participate in the program. May include administrative funds for direct operating support for the CHDO's. Major Rehabilitation Provide loans to low income homeowners to assist them with major rehabilitation of their homes. 1 1 1 1 The Palms at Leopard This project will be a new construction of 120 unit multifamily development on +1- 8.23 acres. The development will be financed primarily through LIHTC funding, with private debt and HOME funds through the City of Corpus Christi. While the development will be open to families at 30 %, 50 %, and 60% of Area Median Income it is anticipated that this development will replace North side Manor, which has become a substandard property for the residents of that development. Wesley Community. Center Plans to renovate the former convent area of our facility as permanent housing for homeless women with young children moving from transitional and emergency shelters. Total Project Cost - $300,000 Palm Gardens This project will consist of a 126 Multifamily apartment complex targeted to tenants at 30 %,50 %,and 60% Area Median Income. HOME funds will be leveraged with Tax Credits Administered by TDHCA. Total Project Cost - $15,565,776 Lulac Hacienda The Reconstruction of 60 apartments serving low-income senior citizens. The development will be financed primarily through LIHTC funding, with private debt and HOME funds through the City of Corpus Christi. LULAC HACIENDA will serve residents at 30 %, 50 %, 60% of Area Median Income. Total Project Cost- $10,075,613 Lexington Manor Apartments The reconstruction of 153 apartments (52 as Section 8) serving low - income families, seniors, and individuals . The development will be financed primarily through LIHTC funding with private debt and HOME funds through the City Corpus Christi, Lexington Manor will serve residents 30 %, 50 %, and 60% Area Median Income Tenants. Total Project Cost - $19,650,875 Nueces County Community Action Agency - NCCAAAcquistioniRehab of Rental Units To acquire and renovate existing rental units or construct new rental units for low to moderate income households. All units will be ADA accessible. Total Project Cost -TBD 1 $865,000 $150,000 $248,000 $120,000 $306,000 $300,000 -364- , CHDO Total 15% of Allocation $154,601 Subrecipients /Other Entity Total Total Set -Aside to be determined August 1, 2012 * HOME Subrecipient Agencies who submitted for HOME FY2012 funding will be awarded funding no later than August 1, 2012 after determination of which agencies received Housing Tax Credits from the Texas Department of Housing and Community Affairs* -365- 2 28 AGENDA MEMORANDUM for the City Council Meeting of April 17, 2012 DATE: 3/12/2012 TO: Ronald L. Olson, City Manager FROM: Mark Van Vieck, Interim Director, Department of Development Services markw @cctexas.com (361) 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Juan G. Romero (Case No. 0212 -05) Change from "FR" Farm -Rural District to "RS -6" Single - Family 6 District Property Address: 7614 Slough Road CAPTION: PUBLIC HEARING — ZONING Case No. 0212 -05: Juan G. Romero: The applicant is requesting a change of zoning from the "FR" Farm - Rural District to a "RS -6" Single - Family 6 District, not resulting in a change of the future land use. The property to be rezoned is a 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26). Planning Commission's and Staffs Recommendation (February 29, 2012): Approval of the rezoning to the "RS -6" Single- Family 6 District. BACKGROUND AND FINDINGS: • The applicant has requested the change of zoning to an "RS -6" Single- Family 6 District in order to plat the property. The current "F -R" Farm -Rural District requires a minimum lot size of 5 acres. The current size of the subject property is 9,278 square feet or 0.213 acre which is Tess than the minimum lot size required in the "F -R" District. • The property owner purchased the property from HUD through a foreclosure. The property is currently sharing the water with the adjacent property and has a septic system. In order for the property to have its own utility connections, the property must be platted. The rezoning will allow the property owner to plat the property and connect to public water and wastewater which are located along Slough Road. ALTERNATIVES: Denial of the requested change of zoning to the "RS -6" Single - Family 6 District. OTHER CONSIDERATIONS: N/A -369- City Council Executive Summary Memorandum Juan G. Romero (Case No. 0212 -05} Page 2 CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. EMERGENCY / NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: N/A Fiscal Year: 2011 -2012 Line Item Budget Encumbered / Expended Amount This item BALANCE Project to Date Expenditures (CIP only) Current Year _ Future Years TOTALS Fund(s): Comments: None RECOMMENDATION: Planning Commission's and Staffs Recommendation (February 29, 2012): Approval of the rezoning to the "RS -6" Single - Family 6 District. LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance Approvals: Deborah Brown, Assistant City Attorney Toby Futrell, Interim Assistant City Manager C:1DOCUMENTS AND BETTINGSIMARYJ .CCPD1\APPLICATIDN DATA\ L5ITEMPI 4CDFEF25- FED6- 4BC5- BBA1- 5A4GBF0379DE DCG -370- ZONING REPORT Case No.: 0212 -05 HTE No. 12- 10000010 Planning Commission Hearing Date: February 29, 2012 1.6 Applicant/Owner: Juan G. Romero Representative: Juan G. Romero a m •% Legal Description/Location: Flour Bluff & Encinal Farm and Garden Tract, Section 26, 0.213 ,d ga acre out of southwest 3 acres out of Lot 27, east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26), a From: "FR" Farm Rural District To: "RS -6" Single- Family 6 District Area: 0.213 Acre Purpose of Request: To allow the property owner to plat the property. Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Low Density Residential Low Density Residential North South "RS -6" Single - Family 6 Low Density Residential Low Density Residential "RS -4.5" Single - Family 4.5 Low Density Residential Low Density Residential East "RS -6" Single - Family 6 Low Density Residential Low Density Residential West "RS -6" Single- Family 6 Low Density Residential Low Density Residential p: .o Area Development Plan: The subject property is located in the Southside Area Development Plan (ADP) and is planned for low density residential uses. The proposed change in zoning to the "RS- 6" Single - Family 6 District is consistent with the Southside ADP and the adopted Future Land Use Map. Map No.: 041,030 Zoning Violations: None Staff's Summary: • Requested Zoning: The purpose of the requested "RS -6" Single - Family 6 District is to allow for property owner to plat the property in order to connect to public water and wastewater. • Transportation and Circulation: The subject property fronts upon Slough Road, a collector street. The nearest intersection is Rodd Field Road, an arterial street. Street R.O.W. Street Existing R.O.W. and Paved Section Planned R.O.W. and Paved Section Urban Trans. Plan Type Traffic Volume 2007 Slough Rd. 60' R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A Rodd Field Rd. 130' R.O.W., 79' paved . 130' R.O.W., 79' paved Arterial N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing homes. Existing infrastructure will be utilized and the proposed change of zoning would have minimal to no impact regarding smart growth. The proposed change of zoning is consistent with future land use. —371— Zoning Report Case #: 0212 -05, Juan G. Romero Page 2 • Comprehensive Plan & Southside Area Development Plan Consistency: The Comprehensive Plan and the Southside Area Development Plan (ADP) slates the subject property for low density residential uses. The proposed change in zoning is consistent with the adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Southside ADP both encourage residential development. Plat Status: Subject property is not platted. Department Comments: • The applicant has requested the change of zoning to an "RS -6" Single - Family 6 District in order to plat the property. • The current "F -R" Farm Rural District requires a minimum lot size of 5 acres. The current size of the subject property is 9,278 square feet or 0.213 acre which is less than the minimum lot size required in the "F -R" District. • The property owner purchased the property from HUD through a foreclosure. The property is currently sharing the water with the adjacent property and has a septic system. In order for the property to have its own utility connections, the property must be platted. The rezoning will allow the property owner to plat the property and connect to public water and wastewater which are located along Slough Road. • The requested "RS -6" District is consistent with the adopted area development. The district will permit the owner to plat the property and connect to public water and wastewater and eliminate a septic system in the area. Staff Recommendation: Approval of the change of zoning to the "RS -6" Single - Family 6 District. Planning Commission Recommendation: Pending Number of Notices Mailed Total — 19 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of February 22, 2012 Attachments: 1. Site -- Existing Zoning, Notice Area, & Ownership Map K:( LEGAL LSHARED\iEGAL- DEV.SVCS53112 AGENDA & NON AGENDAL012 AGENDA TTEMSO212 -O5, JUAN ROM ER046212-45, JUAN ROMERO, ZONING REPORT (FR TO RS- b).DOC -372- SUBJECT PROPERTY 7 28 FR ti 4 9 10 • \:4 4 4it A 4% I I **II I2 4 I, 4 Is 9 St 20 i� z3 I6 �1 4!i„ 20 4it 19 CASE: 0212 -05 2. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP RM-1 Multifamily 1 RM -2 Multifamily2 RM-3 Multifamily 3 ON Professional Office RM-AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR.1 Resort Commercial CR -2 Resort Commercial CG -1 CG -2 CI CBD CR-3 FR 11 BP General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single - Family 10 RS -6 Single-Famlly6 R5-.5 Single - Family 4.5 RS -TF Tye -Family RS -15 Single- Family 15 RE Residential Estate RS TH Townhouse sp. Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property Owners wi ? 200' buffer In favor 4 Owners within 20[1' listed on V Owners elleerred ownership fable A M opposition SUBJECT PROPERTY OCATION MAP Ordinance amending the Unified Development Code (UDC), upon application by Juan G. Romero, Owner, by changing the UDC zoning map in reference to 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff & Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "RS-6" Single Family 6 District, amending the comprehensive plan to account for any deviations from the existing comprehensive plan; providing a repealer clause; providing a penalty; providing for publication; and declaring an emergency. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Juan G. Romero, Owner, for amendment to the City of Corpus Christi UDC and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 29, 2012, during a meeting of the Planning Commission, and on Tuesday, April 17, 2012, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the UDC of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.213 acre out of the southwest 3 acres out of Lot 27, Section 26, Flour Bluff and Encinal Farm and Garden Tract, from the "FR" Farm Rural District to the "RS -6" Single Family 6 District, located east of Rodd Field Road (County Road 9) and north of Slough Road (County Road 26), not resulting in a change of future land use (Zoning Map 041,030; 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. Page2of3 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. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame Mayor, City of Corpus Christi City Secretary APPROVED AS TO FORM: This f 'day of /6k- , 2012. eborah Walther Assistant City Att For City Attorney K:ILegal\SHARED \LEGAL- DEV.SVCS12012 Agenda & NonAgenda12012 AGENDA iTEMS10212 -05, Juan Romero103 -14-12, 0212- 05 Jaun Romero, FR to SF -5, Ordinance, PC -Staff Rec DRAFT-blivc Page 3 of 3 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 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 K:1LegaFSHARED \LEGAL- DEV.SVCS12012 Agenda & NonAgend2 AGENDA ETEMS10212 -05, Juan Romero103- 14 -12, 0212- 05 Jaun Romero, FR to SF -6, Ordinance, PC -Staff Rec DRAFTF oc CASE: 0212-05 Exhibit A Planning Commission's & Staffs Recommendation From: "FR" Farm Rural District To: "RS -6" Single- Family 6 District Ordinance No. SUBJECT PROPERTY Cap Dot On 29 AGENDA MEMORANDUM for the City Council Meeting of April 10, 2012 DATE: TO: FROM: March 29, 2012 Ronald L. Olson, City Manager Daniel Biles, P.E., Interim Director of Engineering Services danbacctexas_com; 826 -3729 Michael Morris, Director of Parks and Recreation Alt MichaelmoCcctexas.com, (361) 826 -3464 UPDATE TO CITY COUNCIL BOND ISSUE 2008 PARK PROGRAM UPDATE STAFF PRESENTER(S): Name 1. Oscar R. Martinez 2. Daniel Biles, P.E. 3. Stacie Talbert OUTSIDE PRESENTER(S): Name 1. None BACKGROUND: Title /Position Assistant City Manager Interim Director Assistant Director TitlelPosition Department Public Works and Transportation Engineering Services Parks Department Organization This is an update on the Bond Issue 2008 Park Program including project status and upcoming projects for award. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation Approvals: Eddie Houlihan, Assistant Director of Management and Budget Oscar R. Martinez, Assistant City Manager Troy Riggs, Assistant City Manager -381- Bond 2008 Park Projects Update Council Update April 10, 2012 W • O 0 CL "0 E v) L.I. CI) 4) 9 (fl4 v, 0 el o. c O -a ca 1-,; E E 847. as O O W V o w u = E 5 ... ,..,_ I uo a� w V u — E 0 o z as (13 o w, 8 Lim -C2 CU ii i i .g a ca o 16 o w fa. aA VI E Q a s ca -a O ,,, m :i - i cu �` • W CU ra 2 as 2.). • w J bip .1r1) .kio it7,4.13 a) 4-1 E Cr) 0. 'V — 0 E = .. .v ci) 0 ,. > o ° a a a 2 i el E ma CU W ma O .a 13 00 O a) as 0o °u +r s a u O _ o .. w N 0_ a) bi) x 0. 1 Beach Sidewalks forth Beach Promenade Extension 0 0 Lfl 00 C Vi- a) O • 2 V 0 ca r..0o '4" 15,600 needed a) 0 E 0 U E 0 0 ro Q) •X 0 i 0 0 P1 0 cL co 0 2 Q) c' _ •.7 cu 0 _0 " � 0_ t10 •.= c0 E V) '2 cc c u_ a e 0 rrigation to Soccer rields Schanen Ditch i ke and Bike Trail ,,s.■:.9:14, ";.:41:N;;;;Z:,;:414.7.4Z7I.