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Agenda Packet City Council - 12/13/2011
, • -1(AWAt:- 4 KtarliAgi, ,:•411[V4, ; 1,F., F27.477 MRS .1•1??.:110AYA. : . .. 11:45 A.M. - Proclamation declaring December 10th 11t1, 17th and 181h, 2011 as "36th Anniversary Season Nutcracker Ballet Days" Proclamation declaring January 6, 2012 as "FIRST FRIDAY Prayer Service Day" invitation to 23rd Annual Feast of Sharing Commendation for Assistant City Manager Juan Perales, Jr., P.E. in gratitude for 20 years of dedicated service, presented by City Manager Ron Olson AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 13, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED iN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CiTY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be Limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habra un interprete ingles- espatiol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Scott Higginbotham, Lexington Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers, Mayor Joe Adame Mayor Pro Tern John Marez Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kleschnick Priscilla Leal David Loeb Nelda Martinez Mark Scott City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Agenda Regular Council Meeting December 13, 2011 Page 2 E. MINUTES: 1. Approval of Regular Meeting of December 6, 2011. (Attachment #1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Advisory Committee on Community Pride * Corpus Christi Aquifer Storage and Recovery Conservation District * Corpus Christi Regional Economic Development Corporation * Electrical Advisory Committee * Marina Advisory Committee * Watershore and Beach Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting December 13, 2011 Page 3 3. Lease purchase of pumper truck for Fire Department Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. (Attachment # 3) 4. Lease purchase of curbside refuse containers Motion approving the lease purchase of 6,500 95/96- gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31 ,479.72 is required for FY 201 1 -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 collection program. Funds for the !ease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. (Attachment # 4) Award of a supply agreement: Cold Mix -Cold Laid Asphalt and Pre- Coated Aggregate for use by Street and Utility Departments Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of pre - coated aggregate, in accordance with Bid Invitation No. BI- 0018-12 based on lowest responsible bid for an estimated semi- annual expenditure of $287,000. The term of the contract will be for six months with an option to extend for up to five additional six month periods, subject to the approval for the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund. (Attachment # 5) Agenda Regular Council Meeting December 13, 2011 Page 4 6. Repair of Raw Water Pump #3 -Pump Station #1 located at 13741 Smith Drive Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011- 2012. (Attachment # 6) 7. Lease of a motor grader for beach and beach roadway maintenance Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February - October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011 -2012 adopted budget. (Attachment # 7) 8. Service agreement for local and long distance services Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. BI- 0092 -11, based on lowest responsible bid; for an estimated three -year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. (Attachment # 8) 9. Service agreement for utility worksite restoration services Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. BI- 0195 -11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011 -2012. The term of the Agenda Regular Council Meeting December 13, 2011 Page 5 contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011 -2012. (Attachment # 9) Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 Grand Total: $139,932.90 10. Approval of purchase and installation of new park equipment for Lamar Park a. Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. (Attachment # 10) b. Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408:67. The purchase is for new park equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. (Attachment # 10) 11. Acceptance of State grant funds for Homeland Security Projects a. Resolution authorizing the City Manager or designee to execute the 2011 Sub- Recipient Agreement (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 11) b. Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Agenda Regular Council Meeting December 13, 2011 Page 6 Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. (Attachment # 11) 12. Acceptance of State grant funds for State Homeland Security Terrorism Prevention Activities a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity ( LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 12) b. Ordinance appropriating $59,643 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises and . purchase needed equipment. (Attachment # 12) 13. Acceptance of State grant funds for Homeland Security Medical Response Programs a. Resolution authorizing the City Manager or designee to execute the 2011 Sub- Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 13) Agenda Regular Council Meeting December 13, 2011 Page 7 b. Ordinance appropriating $267,608.35 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. (Attachment # 13) 14. Acceptance of grant to develop a pipeline safety awareness program administered by the Gas Department a. Resolution authorizing the City Manager or designee to accept a grant in the amount of .$49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. (Attachment # 14) b. Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. (Attachment # 14) 15. Acceptance of State grant funds for the Women. Infants and Children (WIC) program a. Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) Program, based on a.$12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. (Attachment # 15) b. Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. (Attachment # 15) Agenda Regular Council Meeting December 13, 2011 Page 8 16. Acceptance of State grant funds for development and implementation of a wetland restoration plan for Oso Bay Learning Center and Wetland Preserve, in conjunction with Coastal Bend Bays Foundation a. Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. (Attachment # 16) b. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program and $20,000 from the Coastal Bend Bays and Estuaries Program, Inc., in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 16) c. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. (Attachment # 16) 17. Acceptance of a grant for the One Away Advocacy Campaign from the National Council on Aging (NCOA) a. Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. (Attachment # 17) b. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. (Attachment # 17) Agenda Regular Council Meeting December 13, 2011 Page 9 18. Approval of the resale of foreclosed properties to collect delinquent ad valorem taxes Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which. the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. (Attachment # 18) 19. Amendments to City Investment Policy Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. (Attachment # 19) 20. Ratification of City Debt Management Policy Resolution affirming the Debt Management Policy for the City of Corpus Christi. (Attachment # 20) 21. Temporary Infrastructure Deferment Agreement with Baker Hughes Oilfield Operations, Inc. Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. (Attachment # 21) Agenda Regular Council Meeting December 13, 2011 Page 10 22. Award of contract for certain construction connected with Homeland Security protection Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount . of $61,906.54 for certain construction connected with Homeland Security protection. (Attachment # 22) 23. Award of contract for Turtle Cove Park /Jester Drainage Improvements Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park/Jester Drainage Improvements for the Base Bid. (Attachment # 23) 24. Ordinance to appropriate street construction funds: Aquarius Street Second Reading Ordinance — Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and changing the. FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. (First Reading 12/6/11) (Attachment # 24) 25. Transferring $270,000 from Hotel Occupancy Tax Fund to General Fund for beach maintenance Second Reading Ordinance — Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance, and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. (First Reading 12/6/11) (Attachment # 25) Agenda Regular Council Meeting December 13, 2011 Page 11 26. Appropriation of Community Enrichment funds for park improvements Second Reading Ordinance - Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. (First Reading 12/6/11) (Attachment # 26) 27. Appropriation of funds to partially reimburse the developer of Tortuga Dune Subdivision from the Sanitary S ewer Trust Fund for Zahn Road Master Plan Lift Station Second Reading Ordinance -- Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8- foot diameter wet well, 8,376 - linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. (First Reading 12/6/11) (Attachment # 27) 28. Approval of Use Privilege Agreement to use portion of. City sidewalk as an outdoor seating space for Aria Sky Terrace Second Reading Ordinance - Authorizing the City Manager or designee to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80- square foot portion) of public City sidewalk right -of -way as an outdoor seating space, in consideration of $560, a one -time use privilege fee; subject to compliance with the specified conditions. (First Reading 12/6/11) (Attachment # 28) 29. Code amendment for placement of microchips in impounded animals Second Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. (First Reading 12/6/11) (Attachment # 29) Agenda Regular Council Meeting December 13, 2011 • 'Page 12 30. Code amendment authorizing an interlibrary loan service fee of $2.75 to offset reduction in grant funds Second Reading Ordinance - Amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; and providing for publication. (First Reading 12/6/11) (Attachment # 30) I. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. * Executive session pursuant to Sections 551.071 and 551.072 of the Texas Government Code for legal advice on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and deliberations regarding the value or lease of real property, 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. J. PUBLIC HEARINGS: 31. PUBLIC HEARING AND SECOND READING OF SUSTAINABILITY ORDINANCES: Development Concept and Special Overlay Zoning Districts a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Agenda Regular Council Meeting December 13, 2011 Page 13 Sec. 6.6. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of . December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) b. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.6. entitled, "Development Concept and Special Overlay Zoning Districts ", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective. date. (First Reading — 10/11/11) (Attachment # 31) Clustered Development Overlay Zoning District c. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.7. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011 ", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) d. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.7. entitled, "Clustered Development Overlay Zoning District ", relating to the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Mixed -Use Overlay District e. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.8. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011 ", and as Agenda Regular Council Meeting December 13, 2011 Page 14 incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) f. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.8. entitled, "Mix Use Overlay District ", relating to the use, regulations, and review standards for mixed use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an .effective date. (First Reading — 10/11/11) (Attachment # 31) Uptown - Downtown Mixed -Use (MUS) Special Overlay District g. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) h. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.11, entitled, "Uptown- Downtown Mixed -Use (MUS) Special Overlay District ", relating to the establishment of a mixed - use special overlay district promoting mixed -use development within the uptown and downtown areas of the City; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Target Area Redevelopment Special Overlay District i. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.12. as in accordance with the proposed changes noted at Attachments . A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) Agenda Regular Council Meeting December 13, 2011 Page 15 J• Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.12. entitled, "Target Area Redevelopment Special (TARS) Overlay District ", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Streetscape Zone Standards k. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.13. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) I. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.13. entitled, "Streetscape Zone Standards ", relating to the use, regulations and review standards for creation of streetscape zones; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Alternative Housing Options m. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.14. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) n. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.14. entitled, "Alternative Housing Options ", relating to the use, regulations and review standards for alternative housing Agenda Regular Council Meeting December 13, 2011 Page 16 options; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Neighborhood Mixed- Use1NMU) Development Standards o. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding 'a new Sec. 7.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) p. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.11. entitled, "Neighborhood Mixed -Use (NMU) Development Standards ", relating to the use, regulations and review standards for residential mixed -use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Adaptive Reuse Development Standards q. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.12. as . in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011 ", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) r. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.12. entitled, "Adaptive Reuse Development Standards ", relating to the use, regulations and review standards for Adaptive Reuse and redevelopment of existing and historical structures; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Agenda Regular Council Meeting December 13, 2011 Page 17 K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 32. Designating a Redistricting Plan and setting a public hearing date (To be considered at approximately 12:15 p.m.) a. Presentation, discussion and possible action to designate draft Redistricting Plan for the City of Corpus Christi as an Illustrative Plan to be proposed for public consideration and comment. (Attachment # 32) b. Resolution designating a Redistricting Illustrative Plan for public hearing and establishing a public hearing date. (Attachment # 32) 33. Approval . of Master Implementation and Phasing Contract: Destination Bayfront To be considered at approximately 1:30 p.m.) Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. (Attachment # 33) 34. Appointment of Fire Chief Motion confirming the City Manager's appointment of Robert Rocha as Fire Chief. (Attachment # 34) 35. Approval to amend an existing contract to purchase automated agenda management system a. Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing. the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. (Attachment # 35) b. Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an Agenda Regular Council Meeting December 13, 2011 Page 18 automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. (Attachment # 35) 36. Approval of Professional Services Contract for City Wide Large Diameter Sanitary Sewer Cleaning and inspection Program Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413' for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. (Attachment # 36) 37. Award of Contract for Aviation Business Consultant Services Motion to authorize the City Manager or designee to execute a contract with Trillion Av, L.L.C., for Aviation Business Consultant Services with effective date of November 8, 2011, with term of one year with options to extend for up to four additional one - year terms, with first year fee not to exceed $90,000 based on statement of work. (Attachment # 37) L. FIRST READING ORDINANCES: 38. Appropriation of funds for unclaimed monies from the Police Property Room First Reading Ordinance - Appropriating $15,628.25 from abandoned /unclaimed monies from the Police Property Room, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each. (Attachment #38) 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: 39. Approval of an interlocal cooperation agreement with the City of Portland for disposal of household hazardous waste Resolution approving an Interlocal Cooperation Agreement with the City of Portland for the disposal of household hazardous Agenda Regular Council Meeting December 13, 2011 Page 19 waste at the J.C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one -year renewal periods; and authorizing execution of the agreement by the City Manager or designee. (Attachment # 39) 40. Construction contract for Staples Street Phase 1 and 2 from Saratoga to Williams a. Motion authorizing the City Manager or designee to execute a Construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of $15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6 and 7.(BOND ISSUE 2008) (Attachment # 40) b. Motion authorizing the City Manager or designee to execute a Professional Engineering Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $177,441 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) (Attachment # 40) c. Motion authorizing the City Manager or designee to execute a Construction Management/Inspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) (Attachment # 40) FUTURE PUBLIC HEARINGS: 41. Zoning change for property located at 3813 County Road 69 from commercial to residential. Zoning Case No. 1011 -02, Mostaghasi Investment Trust: A change of zoning from the `CN -1" Neighborhood Commercial District to the "RS -6" Single - family 6 District, resulting in a change of future land use from a commercial use to a low density residential use. The property to be rezoned is 7.297 acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (F.M. 624) and west of County Road 69. (Attachment # 41) Agenda Regular Council Meeting December 13, 2011 Page 20 42. Zoning change for property located at 10355 Up River Road without a change of future land use. Zoning Case No. 1011 -03, Elbas Land Development, Ltd.: A change of zoning from the "RS -6" Single - family 6 District to the. "RS -4.5" Single- family 4.5 District without a change of future land use. The property to be rezoned is Assessors Map 138 -A, Block 138 -A, 8.51 acres of Lot 1 and Assessors Map 138 -A, Block 138 -A, 9.24 acres out of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. (Attachment # 42) UPDATES TO CITY COUNCIL: 43. Regional Water Planning Process (Attachment # 43) 44. Backflow Prevention Program (Attachment # 44) 45. Status Report on Crossing Guards Program (Attachment # 45) 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 Agenda Regular Council Meeting December 13, 2011 Page 21 DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at '`t' 1.5- p.m., on December 8, 2011. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Present: Mayor Joe Adame MINUTES City of Corpus Christi, Texas Regular Council Meeting December 6, 2011 - 12:00 p.m. Council Members: Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez (Arrived at 12:06 pm) Nelda Martinez Mark Scott City Staff: City Manager Ronald L. Olson City Attorney Carlos Valdez City Secretary Armando Chapa Mayor Joe Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor David Beirne, Travis Baptist Church and the Pledge of Allegiance to the United States Flag was led by Council Member Mark Scott. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required Charter officers were present to conduct the meeting. Mayor Adame called for approval of the minutes of the Regular Council meeting of November 15, 2011. A motion was made and passed to approve the minutes as presented. CONSENT AGENDA Mayor Adame called for consideration of the Consent Agenda (Items 2 - 5). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 2.a. MOTION NO. 2011 -264 Motion authorizing the City Manager or designee to accept a grant in the amount of $60,000 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program for the purchase of an interface between the Police Department Laboratory Information Management System and Records Management System, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 2.b. ORDINANCE NO. 029293 Ordinance appropriating $60,000 from the State of Texas, Criminal Justice Division (CJD) of the Governor's Office for funding available under the Coverdell Forensic Sciences Improvement Grant Program in the No. 1061 Police Grant Fund. —1— Minutes Regular Council Meeting December 6, 2011 Page 2 An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 3. MOTION NO. 2011 -265 Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $169,322.43 for the Old Police Department Building Property Storage Modifications and Demolition. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". MOTION NO. 2011 -266 Motion authorizing the City Manager or designee to execute a Job Order Construction Contract with Alpha Building Corporation, of Corpus Christi, Texas in the amount of $90,561.15 for the Williams Drive New Police Department Offices. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 5. ORDINANCE NO. 029294 Authorizing the City Manager, or designee, to execute a twenty -year Memorandum of Agreement with the Federal Aviation Administration for the use of property at the Corpus Christi International Airport for the construction, operation, and maintenance of FAA owned navigation, communication and weather aid facilities; and for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting „Aye, EXECUTIVE SESSIONS Mayor Adame announced the executive sessions which were listed on the agenda as follows: * Executive session pursuant to Section 551.071(1) (A) of the Texas Government Code to consult with attorneys regarding Cause No. 13-10-00272-CV, styled San Patricio Municipal Water District and South Texas Water Authority vs. City of Corpus Christi, presently on appeal from the 319th District Court of Nueces County, Texas. * Executive session pursuant to 551.071 of the Texas Government Code to consult with attorneys regarding Cause. No. 2011 DCV- 5073 -C styled Ex Parte City of Corpus Christi, Texas presently pending in the 94th District Court of Nueces County, Texas, which involves Aquarius Street issues, with possible discussion and action in open session. Minutes - Regular Council Meeting December 6, 2011 Page 3 * Executive session pursuant to Section 551.071 of the Texas Government Code to consult with attorneys regarding litigation involving construction issues at HEB Tennis Center, with possible discussion and action in open session. * Executive session pursuant to Section 551.071 of the Texas Government Code for consultation with attorneys regarding fire collective bargaining negotiations with possible discussion and action in open session. The council went into executive session. The council returned from executive session and the following motions were passed with the following votes: I. MOTION NO. 2011 -267 Motion authorizing the City Manager to continue to employ the law firm of McKibben, Woosiey & Villarreal, LLP to provide legal representation to the City, in Supreme Court No. 11 -0143; Court of Appeals Cause No. 13 -10- 00272 -CV; Trial Court Cause No. 08 -3566, San Patricio Municipal Water District and South Texas Authority v. City of Corpus Christi, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Leal and Loeb, voting "Aye "; Kieschnick, Marez, Martinez and Scott were absent, I. MOTION NO. 2011 -268 Motion authorizing the City Attorney's Office to initiate and pursue any and all legal proceedings necessary against any responsible party in order to remedy the damages which presently exist at the HEB Tennis Center. The foregoing motion was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, and Loeb, voting "Aye "; Marez, Martinez and Scott were absent. ZONING CASES: Mayor Adame referred to Item No. 6, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0911 -04, The Other Door: A change of zoning from "RM -1" Multifamily 1 District to "CN -1" Neighborhood Commercial District, resulting in a change of future land use. The property described as Shannon Addition Lot 10, Block 1, located south of Coleman Avenue and east of South Staples Street. City Planner Miguel Saldana referred to a presentation including an aerial view of the subject property; the existing and future land use map; ownership map; location of surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and staff recommend approval of the "CN -1" Neighborhood Commercial District. Council Member Adler made a motion to close the public hearing, seconded by Council Member Loeb and passed. City Secretary Chapa polled the council for their votes as follows: Minutes - Regular Council Meeting December 6, 2011 Page 4 6. ORDINANCE NO. 029295 Amending the Unified Development Code (UDC), upon application by The Other Door Corpus Christ, Inc., (Owner) represented by James P. Brown, by changing the UDC zoning map in reference to Shannon Addition, Block 1, Lot 10, from the "RM -1" Multifamily One District to the "CN -1" Neighborhood Commercial District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved as amended with the following vote: Adame, Adler, Kieschnick, Leal, Loeb, Marez, Martinez, Scott, voting "Aye "; Elizondo was absent. Mayor Adame referred to Item No. 7, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0911 -05. Texan Trail Properties — A change of zoning from "RM -1" Multifamily 1 District to "CG -2" General Commercial District, without resulting in a change of future land use. The property described as Lindale Park Subdivision Section 4, Lots 23 -27, Block 40, located north of Texan Trail and west of South Alameda Street. City Planner .Miguel Saldana referred to a presentation including an aerial view of the subject property; the existing and future land use map; ownership map; location of surrounding business; and a site plan. Mr. Saldana stated that the Planning Commission and staff recommend denial of the "CG -2" General Commercial District and in lieu thereof approval of the "ON" Professional Office District. Mr. Saldana stated that the applicant concurs with this recommendation. Council Member Scott made a motion to close the public hearing, seconded by Council Member Leal and passed. City Secretary Chapa polled the council for their votes as follows: 7. ORDINANCE NO. 029296 Amending the Unified Development Code (UDC), upon application by Texan Trail Properties, LLC, Owner, by changing the UDC zoning map in reference to Lindale Park Subdivision, Section 4, Block 40, Lots 23, 24, 25, 26 and 27, from the "RM -1" Multifamily One District to the "ON" Office District, amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Kieschnick, Leal, Loeb, Marez and Scott, voting "Aye "; Elizondo and Martinez were absent. REGULAR AGENDA Mayor Adame referred to Item No. 8. Oscar Martinez, Assistant City Manager explained the code amendment. Mr. Martinez stated that staff recommends that the coop size remain at 5 x 5 x 5. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: —4— Minutes - Regular Council Meeting December 6, 2011 Page 5 8. ORDINANCE NO. 029297 Amending the Code of Ordinances, Section 6 -154, entitled "Keeping of any livestock or fowl," by revising the section to allow the keeping of urban chickens; providing for penalties; and providing for publication. The foregoing ordinance was passed and approved on second reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye". Mayor Adame referred to Item No. 9. Mike Culbertson, Regional Economic Development Corporation stated that this resolution combines the Economic Policy Handbook and codifies it into the guidelines. Mayor Adame asked for comments fromnthe audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 9.a. RESOLUTION NO. 029298 Resolution adopting the revised City's Guidelines and Criteria for Granting Tax Abatements. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 9.b. RESOLUTION NO. 029299 Resolution amending the City of Corpus Christi Economic Development Incentive Policies 2009 -2011 to incorporate provisions of the City's Guidelines and Criteria for Granting Tax Abatements. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". Mayor Adame referred to Item No. 10.. Emily Martinez, Regional Economic Development Corporation stated that this is for the development of a nursing and rehabilitation facility. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 10. RESOLUTION NO. 029300 Resolution authorizing the execution of an agreement with Corpus RP -Two, Ltd., providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". Mayor Adame referred to Item No. 11. Emily Martinez, Regional Economic Development Corporation stated that this item relates to the redesign of a new hangar door at the Aviation Maintenance Technician Training Facility. This is required to meet FAA requirements. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: Minutes - Regular Council Meeting December 6, 2011 Page 6 11.a. ORDINANCE NO. 029301 Ordinance appropriating $225,000 from the Unreserved Fund Balance in the No. 1140 Business /Job Development Fund for a grant from the Corpus Christ Business and Job Development Corporation Major Business Incentives to Del Mar College for development of the aviation maintenance technical training facility at the Corpus Christi International Airport; and changing the FY 2011 -2012 Operating budget adopted by Ordinance No. 029155 to increase appropriations by $225,000. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 11.b. RESOLUTION NO. 029302 Resolution approving the First Amendment to the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Del Mar College ( "Del Mar "), which provides an additional $225,000 for development of the aviation maintenance technical training facility at the Corpus Christi International Airport. The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". Mayor Adame referred to Item No. 12. Emily Martinez, Regional Economic Development Corporation stated that this item is related to the expansion of additional space at the craft training center. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 12.a. ORDINANCE NO. 029303. Ordinance appropriating $1,750,000 from the Unreserved Fund Balance in the No. 1140 Business/Job Development Fund for a grant from the Corpus Christi Business and Job Development Corporation Major Business Incentives to Associated Builders and Contractors Merit Shop Training Program, Inc., doing business as Craft Training Center of the Coastal Bend for expansion of its facility; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $1,750,000. An emergency was declared and the foregoing ordinance was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". 12.b. RESOLUTION NO. 029304 Resolution approving the Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation ( "Type A Board ") and Associated Builders and Contractors Merit Shop Training Program, Inc., doing business as Craft Training Center of the Coastal Bend ( "Craft"), which provides a grant of $1,750,000 for expansion of Craft's existing facility; and authorizing the City Manager or designee to execute the Business Incentive Project Service Agreement with the Type A Board for the implementation and administration of the Business Incentive Agreement. Minutes - Regular Council Meeting December 6, 2011 Page 7 The foregoing resolution was passed and approved with the following vote: Adame, Adler, Elizondo, Kieschnick, .Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". FIRST READING ORDINANCES: Mayor Adame referred to Item No. 13, Pete Anaya, Director of Engineering stated that this item approves the transfer of funds from the Unreserved Fund Balance in the General Fund. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 13. FIRST READING ORDINANCE Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Kieschnick was absent, Mayor Adame referred to Item No. 14. Miguel Saldana, City Planner stated that this item relates to appropriation of funds for the Preserve at Mustang Island, LLC Sanitary Sewer Lift Station. Johnny Perales, Assistant City Manager provided an overview of the project and explained the funding. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 14. FIRST READING ORDINANCE Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800 -4220 to pay the Preserve at Mustang Island, LLC, for the .construction and installation of a master plan lift station with 8 -foot diameter wet well, 8,376 - linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame referred to Item No. 15. Miguel Saldana, City Planner stated that this item relates to a use privilege agreement for a 4' x 20' section of the public city sidewalk as an outdoor seating space. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 15. FIRST READING ORDINANCE Authorizing the City Manager or designee to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use -7-- Minutes - Regular Council Meeting December 6, 2011 Page 8 privilege of a 4' x 20' section (80- square foot portion) of public City sidewalk right -of -way as an outdoor seating space, in consideration of $560, a one -time use privilege fee; subject to compliance with the specified conditions. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Leal, Loeb, Marez, Martinez and Scott, voting "Aye "; Kieschnick was absent. Mayor Adame referred to item No. 16. Eddie Houlihan, Assistant Director of Management and Budget stated that this item relates to a transfer of funds from the Hotel Occupancy Tax to the General Fund for beach maintenance. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 16. FIRST READING ORDINANCE Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Marez, Martinez and Scott, voting "Aye"; Loeb was absent. Mayor Adame referred to Item No. 17. Mike Morris, Director of Parks & Recreation stated that this item relates to park improvements and other projects. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 17. FIRST READING ORDINANCE Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez and Martinez, voting "Aye "; Scott was absent. Mayor Adame referred to Item No. 18. Oscar Martinez, Assistant City Manager stated this is for an amendment to require that animals released from impoundment to have a microchip and to provide for payment of the device. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 18. FIRST READING ORDINANCE Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. Minutes - Regular Council Meeting December 6, 2011 Page 9 The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez and Martinez, voting "Aye "; Scott was absent. Mayor Adame referred to Item No. 19. Herb Canales, Director of Libraries stated that this item is for the adoption of two new interlibrary loan service fees; $2.75 for residents of the city, per item; and $15.00 for nonresidents of the state, per item. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 19. FIRST READING ORDINANCE Amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; and providing for publication. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez and Martinez, voting "Aye "; Scott was absent. Mayor Adame referred to Item No. 20. Stephen Draper, Interim Director/Building Official stated that this item is a first reading for the adoption of the new International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, Residential Code and adoption of the 2008 National Electrical. Mayor Adame asked for comments from the audience. There were no comments. City Secretary Chapa polled the council for their votes as follows: 20. FIRST READING ORDINANCE Amending Chapter 14 of the Code of Ordinances, City of Corpus Christi, by repealing Article II, City of Corpus Christi Technical Construction Codes and adopting new Article II, City of Corpus Christi Technical Construction Codes; adopting the International Code Council (ICC), 2009 editions of the International Building Code, Existing Building Code, Energy Conservation Code, Fuel Gas Code, Mechanical Code, Plumbing Code, and Residential Code for one and two family dwellings; adopting the National Fire Prevention Association (NFPA) National Electrical Code, 2008 edition, as the City's Electrical Code; providing for penalties; providing for publication; and providing for an effective date. The foregoing ordinance was passed and approved on first reading with the following vote: Adame, Adler, Elizondo, Kieschnick, Leal, Loeb, Marez, Martinez and Scott, voting "Aye ". FUTURE AGENDA ITEMS Mayor Adame referred to the Future Agenda Item section on the agenda. Items 21 - 44. Mayor Adame stated that these items are for informational purposes only and that no action .or public comment will be taken at this time. Council members pulled Item No. 36. Staff provided a presentation on Item Nos. 42, 43 and 44. 21. Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the -9- Minutes - Regular Council Meeting December 6, 2011 Page 10 Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. 22. Motion approving the lease purchase of 6,50095/96-gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31,479.72 is required for FY 2011 -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 collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. 23. Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of pre- coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi - annual expenditure of $287,000. The term of the contract will be for six months with an option to extend for up to five additional six month periods, subject to the approval for the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund. 24. Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011 -2012. 25. Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February - October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011 -2012 adopted budget. 26. Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. BI -0092- 11, based on lowest responsible bid, for an estimated three -year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011- 2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. 27. Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. BI- 0195 -11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011 -2012. The term of the contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011 - 2012. Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Grand Total: $139,932.90 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Minutes - Regular Council Meeting December 6, 2011 Page 11 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 28.a. Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. 28.b. Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. 29.a. Resolution authorizing the City Manager or designee to execute the 2011 . Sub - Recipient Agreement (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. 29.b. Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve . local and regional terrorism prevention, preparedness, response and recovery capabilities. 30.a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. 30.b. Ordinance appropriating $59,643 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection - oriented activities ( LETPA) such as planning, organization, training, exercises an_ d purchase needed equipment. 31.a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. Minutes - Regular Council Meeting December 6, 2011 Page 12 31.b. Ordinance appropriating $267,60.8.35 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. 32.a. Resolution authorizing the City Manager or designee to accept a grant in the amount of $49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. 32.b. Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. 33.a. Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. 33.b. Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. 34.a. Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 in the Fund No. 3292 Parks and Recreation 2010 GO (Bond 2008) and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. 34.b. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. 34.c. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. 35.a. Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. 35.b. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. Minutes - Regular Council Meeting December 6, 2011 Page 13 36.a. Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011 -2012 Operating .Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. 36.b. Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, inc. and the City of Corpus Christ for an automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. 37. Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. 38. Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended, 39. Resolution affirming the Debt Management Policy for the City of Corpus Christi. 40, Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Ciarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. 41. Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $61,906.54 for certain construction connected with Homeland Security protection. 42. Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park/Jester Drainage Improvements for the Base Bid. 43. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. 44. Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. Minutes - Regular Council Meeting December 6, 2011 Page 14 UPDATES TO CITY COUNCIL Mayor Adame referred to Item No. 45, Update on Las Colonias Drainage Improvement Project, Pete Anaya, Director of Engineering provided a presentation on the proposed improvement project, including the La Voila Creek and the Oso Drainage Basin projects related to the flooding conditions in the Las Colonias area. Mr. Anaya explained that funds are available in the CEP associated with the La Voila Creek in the amount of $400,000; and projecting $500,000 for Year 2, and $500,000 in Year 3 for construction improvement costs. PUBLIC COMMENT: Jack Gordy spoke about illegal signs; Simon Hernandez spoke about residential flooding in the La Voila Creek area. CITY MANAGER COMMENTS City Manager Olson provided a status report on the department head selection processes. Mr. Olson referred to the three current vacancies, Fire Chief, Human Resources and the Finance Director, and recently with the promotion of Troy Riggs to Assistant City Manager, the Police Chief vacancy. He stated that interviews were held last Friday for the Human Resources Director, and interviews for the Director of Finance are scheduled for December 16, 2011. He announced that the final candidate for the Fire Chief position is Robert Rocha. Mr. Olson stated that a consultant will be selected to assist with recruitment for the Police Chief position. He recognized the Interim Police Chief Rich Badaracco. PUBLIC COMMENT There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at 3:47 pm on December 6, 2011. a. ADVISORY COMMITTEE ON COMMUNITY PRIDE — Four (4) vacancies with terms to 8- 25 -13. (Appointed by the Mayor with approval of the City Council) DUTIES: To advise the Mayor and City Council on development and implementation of a comprehensive community pride campaign that will interrelate with the efforts and purpose of the Clean City Advisory Committee. COMPOSITION: The committee shall consist of eleven. (11) members appointed by the Mayor with approval of the City Council to serve two -year terms. Of the initial members, six (6) members shall serve a two -year term and five (5) members shall serve a one -year term, as determined by a drawing to be conducted by the City Secretary's Office. Thereafter, all terms shall be two (2) years. The Director of Public Information and the Director of Neighborhood Services shall serve as ex- officio without vote. ORIGINAL MEMBERS TERM APPTD. DATE Stacy Richards 8 -25 -12 8 -25 -09 * *Monica McLeod Sawyer, Chair 8 -25 -11 8 -25 -09 Ryan Ridlehuber 8 -25 -12 8 -25 -09 * *C. Michelle Peters 8 -25 -11 8 -25 -09 Oscar Carmona 8 -25 -12 5 -1140 Jack R. Pence 111 8 -25 -13 6 -28 -11 Philip John Ramirez, A.I.A. 8 -25 -12 8 -25 -09 *J. Kyle Davidson 8 -25 -11 8 -25 -09 Tony Reyes 8 -25 -12 6 -28 -11 * Elisa Macias 8 -25 -11 4 -27 -10 Christina Hernandez 8 -25 -13 6 -28 -11 Director of Public Information Ex- Officio, Nonvoting Director of Neighborhood Services Ex- Officio, Nonvoting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation (The Advisory Committee on Community Pride is recommending the reappointments of J. Kyle Davidson and Elisa Macias and the new appointments of Stefany Tegeler Schade and Jason Haviland.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR J. Kyle Davidson 5 5 100% Elisa Macias 5 5 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Nicole Andrade Andi Baker Human Resource Manager, Texas State Aquarium. Received Associates Degree in Business Administration from Del Mar College and Bachelors in HR from Saint Leo University. Currently Pursing Masters Degree at Saint Leo University. Activities include: Corpus Christi Human Resource Management Association and Local American Society for Training and Development. (5114111) Realtor, Keller Williams Realty. Received BBA from University of North Texas.. Activities include: Association of Realtors and Builders Association. (4112111) Jonathan Mike Barlow Parking Lot Attendant. Volunteers with Texas State Aquarium. (5/4/11) Sarah Lathrop Baugh Marjorie N. Boudreaux Stephanie Cloutet Meredith Delano Margareta FratiIa Chief Operating Officer, Dash Truck and Equipment Sales, Inc. Activities include: Cowboy Church Committee for Buc Days, Calallen Baptist Church, Junior League and Republican Party. (2125111) Director of Marketing & Communications, Goodwill Industries of South Texas. Received a BA in English from Texas A &M University — Corpus Christi. Activities include: American Marketing Association, Toastmasters International, and YWCA. (09/15111) Recent college graduate, housewife. Received BBA in Business Management at Baylor University. (7126111) Head of English Department/English Teacher, Responsive Education Solutions — Premier High School. Received a Bachelor of Arts in English. Activities include: Junior League of CC, Sister City Committee, Art Museum of South Texas, Metro Ministries, Cattle Baron's Ball, Gulf Coast Humane Society, IFRE Intntl. Volunteers (Cuzco, Peru), and Fighting to Rid Gangs in America. (Will resign from Sister City Committee if appointed) (10114111) Owner, Margaret's Greenhouse and European Floral Design. Received Master of Science in Horticulture and Agriculture from Horticultural University of Bucharest, Romania, Master of Art Degree from Webster University at St. Louis, Missouri and Certification in Secondary Education from Corpus _18- Jason Haviland Bill J. Hoelscher Beth Kingsbury William M. Kramer, Jr. Bryan Mayhood Monica Montalvo Sylvia Portales Christi State University. Activities include: Americans for Prosperity, Texas State Society of Washington, D.C., Society of American Florists, Republican Women's Club and Numerous Other Organizations. Recipient of Republican Senatorial Medal of Freedom, 2003. (6129111) General Manager, Fastsigns. Received a BA in Audio Visual Production from Texas State Technical College — Waco. Has thirteen years experience in the Sign and Graphics Industry. (12106111) Executive Director, Coastal Bend AIDS Foundation. Received a BA in Psychology and an MS in Counseling from Corpus Christi State University (TAMUCC). He has worked with many non - profits over the years and is willing to give more time and service to the community. (11101111) Assistant Marketing Manager, HDR Engineering, Inc. Received BBA in Marketing from Texas A &M University- College Station and MBA from Texas A &M University - Corpus Christi. Activities Include: Nueces County A &M Club, Literacy Council, Lector Coordinator at St. Philip the Apostle and Leadership Corpus Christi. (117111) Agent, Kramer Insurance Agency. Received a Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Director of Season Ticket Services, Corpus Christi Hooks Baseball Club. Graduated from Texas A &M University- Corpus Christi. Activities include: Heart Walk Committee. (115111) Insurance Agent /Owner, Fanners Insurance. Graduated from Baylor University with Double Major in Psychology and Sociology. Activities include: March of Dimes. (6116111) Retired. Formerly Senior Appraiser, Nueces County Tax Appraisal District. Attended Durhams Business School. Activities include: Hispanic Womens Network of Texas, and Volunteer at Senior Centers. Recipient of Ms. Congeniality in Ms. Coastal Bend, Senior Pagent. (4112111) Raquel G. Richardson Stefany Tegeler Schade Dan Wilkerson Owner, Brinca! Received MPA from Texas A &M University- Corpus Christi. Formerly worked with the City of Corpus Christi. Career Development Alumni. (6117111) Owner,. Division Manager, TorOso Financial Group, LLP. Received BBA and Masters of Accountant from Texas A &M University - Corpus Christi. Activities include: Republican Club, Order of the Eastern Star, Young. Business Professionals of the Coastal Bend and Junior League. (5113111) Personal Financial Representative, Allstate Financial Services, LLC. Activities include: Beautify Corpus Christi Association —Vice President. (4/14111) b. C.C. AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT — Two vacancies with terms to 12- 31 -15. DUTIES: To develop and protect municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery projects. COMPOSITION: Five (5) directors appointed by the City Council to serve staggered four -year terms. If a vacanc occurs on the board the board ma a. soint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine which three (3) directors shall serve four -year terms that expire at the end of the calendar year four years after the effective date of the Act, and which two directors shall serve two -year terms that expire at the end of the calendar year two years after the effective date of the Act. ORIGINAL MEMBERS TERMS APPTD. DATES *Gustavo Gonzalez 12 -31 -11 10 -02 -08 Rudy Garza 12 -31 -13 10 -02 -08 *Oscar Martinez, President 12 -31 -11 12 -13 -05 Margie Rose, Vice -Pres. 12 -31 -13 12 -11 -07 Fred Segundo, Secretary 12 -31 -13 12 -11 -07 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by.ordinance *****Has met six -year service limitation c. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION - One (1) vacancy with term to 12 -31 -14 to represent the City of Corpus Christi. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three -year staggered terms and one (1) director (Council Member) appointed by the Mayor of the City of Corpus Christi. The remainder of the Board shall be comprise_ d of not more than seven (7) persons elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port; the Mayor shall also serve as an ex- officio, voting director. The City Manager and Port Director shall serve as ex- officio, non- voting members. The directors shall serve not more than two, consecutive, three -year terms staggered as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. MEMBERS Charlie Hicks (Membership), Chair Art Granado (City) *Sam Beecroft (City) Leon Leob (City) Willard H. Hammonds II (City) Chris N. Adler (Mayor Appt) Rep. Judy Hawley (Port Authority) Mike Carrell (Port Authority) Dennis Payne (Membership) Elizabeth Chu Richter (Membership) Tony LaMantia (Membership) Sandra Alvarez (Membership) Steve Woener(Membership) Garry Bradford (Membership) Mayor Joe Adame Port Director John LaRue City Manager Ronald L. Olson TERM 12 -31 -13 12 -31 -12 12- 31-11 12 -31 -12 12 -31 -13 Tenn of Office (Voting) 12 -31 -10 12 -31 -11 12 -31 -11 12 -31 -12 12 -31 -11 12 -31 -12 12 -31 -13 12 -31 -11 Term of office, Voting Ex- Officio, NonVoting Ex- Officio, Nonvoting Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ORIGINAL APPTD. DATE 12 -15 -09 12 -09 -08 09 -11 -07 12 -14 -10 05 -19 -09 (The Corpus Christi Regional Economic Development Corporation is recommending reappointment of Sam Beecroft.) the ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE THIS TERM PRESENT LAST TERM YEAR 9 9 100% NAME Sam Beecroft (City) OTHER INDIVIDUALS EXPRESSING INTEREST: Abel Alonzo Curtis A. Rock Retired. Community Activist. Founder of Nueces County "I Believe in Me" Foundation. Activities include: MHMR Board of Trustees, Regional Transportation Advisory Committee, Corpus Christi Community Investment Corporation Loan Review Committee, Committee for Persons with Disabilities, West Side Business Association. (Will resign from Committee for Persons with Disabilities, if appointed)(11103111) Business Development Manager, Rock Engineering & Testing Laboratory. Received Bachelors of Business Administration from Texas A &M University — Corpus Christi. Activities include: Leadership Corpus Christi Chairman Class XL; TAMU -CC National Alumni Board Member; and Chairman of the Transportation Advisory Committee. Received the "Person of the Year" Award from Corpus Christi 40 Under 40. (8112111) d. ELECTRICAL ADVISORY COMMITTEE — Three (3) vacancies with terms to 12 -31 -13 to represent the following: one (1) Master Electrician, one (1) Commercial Builder, and one (1) Registered P.E. (Staff is recommending postponement of Master Electrician category pending recruitment of additional applications) DUTIES: To evaluate work experience, education, and other qualifications of applicants for electrician licenses, preparation and grading of examinations for each classification of electrician required to be examined; to prescribe the manner and sequence of examinations; to revoke or suspend license on proof of infractions; to recognize licenses issued by other cities if they meet the requirements of the City Code. An applicant who fails an examination three times may appeal to the City Manager to appoint a special board to examine said applicant. COMPOSITION: Ten (10) persons appointed by the City Council: two (2) persons with at least five years active experience as a master electrician; one (1) person with at least five years active experience as a journeyman electrician; two (2) engineers: one (1) shall be a registered professional engineer in the State of Texas, and one (1) shall have a Bachelor Degree in Electrical Engineering and a minimum of five years experience in electrical engineering; one (1) person with five years experience in the commercial building industry; one (1) person with five years experience in the home building industry; and one (1) member, resident of Corpus Christi, not connected with the electrical industry.; one (1) field representative from a utility power distribution company; and one (1) person in the electrical supply business. Six (6) members of the Board constitute a quorum, and concurring vote of not less than six (6) members is necessary to constitute an official action of the Board. MEMBERS * * * * *Florentino Vasquez (Master Elec.), Vice Chair Michael S. Riley (Master Elec.) Billy Ashcraft (Utility Power Dist.) Bhaskar Patel (Not conn. to elec. industry) Jesse Gatewood (Journeyman Elec) *Jared M. Merdes, P.E. (Reg. Prof. Engineer) *David Schury (Commercial Builder) William Kevin Pitchford (Home Builder) Steven Deases (Electrical Eng) Don Fretwell (Electrical Supply Business) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation TERM 12 -31 -11 12 -31 -12 12 -31 -12 12 -31 -12 12 -31 -12 12 -31 -11 12 -31 -11 12 -31 -12 12 -31 -12 12 -31 -12 ORIGINAL APPTD, DATE 12 -20 -05 1 -23 -07 1 -23 -07 1 -23 -07 1 -11 -11 3 -25 -08 2 -12 -08 1 -13 -09 1 -11 -11 1 -23 -07 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Jared M. Merdes (Reg. P.E.) 2 David Schury (Commercial Builder) 2 —24— NO, % OF ATTENDANCE PRESENT LAST TERM YEAR 2 100% 1 (1 exc.) 50% OTHER INDIVIDUAL EXPRESSING INTEREST: Shawn P. Bodine Project Manager, Flint Hills Resources. Received B.S. in EIectrical Engineering from Texas A & M University — Kingsville and MBA from University of Utah. Activities include: Project Management Professional; Certified LEED Professional; Class A & B California Contractors License; and P.E. in Texas and other states. Former member of Texas Society of Professional Engineers; Project Managers Institute; Builders Association. (610811 I)(Reg. P.E.) e. MARINA ADVISORY COMMITTEE — Five (5) vacancies with two -year terms to 12- 18 -13, two shall represent the following categories: one (1) Engineer, one (1) Environmentalist. DUTIES: To advise and make recommendations regarding development, use, or preservation of the marina, including the following: (1) assist the City Council in providing for the orderly, planned development and use of the marina; (2) review the annual and capital improvement budgets regarding the improvement and maintenance of the facilities upon the marina; and (3) review and recommend to the City Council the feasibility of development, improvements, maintenance or proposed uses for the marina. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be a representative of a restaurant located within the boundaries of the marina. The Chairperson of the Marina Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two -year term, in the succeeding term, 5 members will serve a two -year term, and 4 members will serve a one -year term, as determined by drawing. Thereafter, all terms will be two- years. MEMBERS Robert Vega (Scientist) *Dan Leyendecker (Engineer) *John Adams (Environmentalist) Monte L. Reitz (Restaurant) *Robert Cagle Hal Suter * *Marie Adams Roy Pell, Chair *Curt Broomfield TERM 12 -18 -12 12 -18 -11 12 -18 -11 12 -18 -12 12 -18 -11 12 -18 -12 12 -18 -11 12 -18 -12 12 -18 -11 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ORIGINAL APPTD. DATE 12 -18 -07 12 -18 -07 12 -18 -07 12 -07 -10 12 -18 -07 12 -18 -07 12 -18 -07 12 -18 -07 08 -30 -11 (The Marina Advisory Committee is recommending the reappointments of Dan Leyendecker, John Adams, Robert Cagle, Curt Broomfield and the new appointment of Ron Behnke.) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Dan Leyendecker (Engineer) John Adams (Environmentalist) Robert Cagle Curt Broomfield NO. OF MTGS. THIS TERM 7 7 7 7 NO. PRESENT 3 (4 exc.) 7 5 (2 exc.) 7 % OF ATTENDANCE LAST TERM YEAR 43% 100% 71% 100% f. WATERSHORE ANT) BEACH ADVISORY COMMITTEE - Five (5) vacancies with terms to 12- 11 -13, three shall represent the following categories: one (1) Engineer, one (1) Environmentalist, one (1) Corpus Christi Convention & Visitors Bureau member. DUTIES: To advise and make recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water including but not limited to Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2 -264. COMPOSITION: Nine (9) members appointed by the City Council for two -year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Park and Recreation Advisory Committee and vice versa. In the initial appointment members will serve an initial two -year term, in the succeeding term, 5 members will serve a two -year term, and 4 members will serve a one -year term, as determined by drawing. Thereafter, all terms will be two- years. MEMBERS Jennifer Pollack (Scientist) *Cameron Perry (Engineer) *Jake Herring (Environmentalist), Chair John Powell (Hotel /Condo Owner) * * * *Keith Arnold (CVB) *Neil McQueen *Jay Gardner JoAnn Gilbertson Cody Bates Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six -year service limitation ORIGINAL APPTD. DATE 07 -19 -11 12 -14 -10 12 -11 -07 01 -12 -10 1244 -10 12 -11 -07 03 -29 -11 12 -11 -07 12 -14 -10 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NAME Cameron Perry (Engineer) Jake Herring (Environmentalist) Neil McQueen Jay Gardner NO. OF MTGS. THIS TERM 6 6 6 5 NO. PRESENT 4 5 6 5 % OF ATTENDANCE LAST TERM YEAR 67% 83% 100% 100% OTHER INDIVIDUALS EXPRESSING INTEREST: Ron Antosko Financial Advisor, Bank of America — Merrill Lynch. Received MBA in International Trade and Series 7 License in securities. (7112111) Capt. Ron Behnke Retired, Fishing Guide. Licensed United States Coast Guard Captain. Attended College. (4112111) H. C. "Chuck" Cazalas Sharon Emerson William M. Kramer, Jr. Anthony John Mulheron Corbett "Butch" Pool Retired. Civic Leader. Holds a BS from New Mexico Highlands University and an MA in Psychology (Industrial/Organizational) from The University of Arkansas. Before retirement, former Government and PR with CITGO Refining, prior various HR jobs, Redman Industries, Reynolds Metals (also lobbyist). Activities include: State Pension Trustee, Texas State Review Committee, American Diabetes Assoc. Former activities include: Boy Scouts of America, Kiwanis Club of Corpus Christi, TX Assoc. of Businesses, CC Chamber of Commerce, CC Hispanic Chamber of Commerce, Navy League, CC Botanical Garden, The Salvation Army, CC State School Volunteer Council, Food Bank of Corpus Christi, former City of CC Airport Board, Public Affairs Committee of Port Industries. Former elected Nueces County Commissioner. (11118111) Paralegal, Law Office of Arnold Gonzales, Jr. Activities include: President and Board of Directors of Corpus Christi International Seamen's Center; Live Auction Chair of March of Dimes Celebrity Chefs Auction; former Bayfest Chairman and Chairman of the Mayor's Fourth of July Committee. (4119111) Agent, Kramer Insurance Agency. Received Bachelors in Political Science from Texas A &M University - Corpus Christi. Activities include: Cystic Fibrosis Walk and Diabetes Walk. (6117111) Quality Control Inspector, L3. Owner, AJM Tactical. Attends Liberty University Online. Activities include: Wounded Warrior. (5102111) Owner, Triton Sea Products, Inc. Holds a BBA in Finance from Texas A&M University — Corpus Christi. Activities include: Convention & Visitors Bureau (CVB), Crime Control and Prevention District, Foster Angles Board, Leadership Corpus Christi Graduate and Board Member, Lake County Contractors Assoc. Board of Governors. (12101111) (CVB Board Member) _28_ DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 12/13/2011 Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Service mikeb @cctexas.com 361- 826 -3169 Lease purchase of a Pierce rescue pumper CAPTION: RECOMMENDATION: Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 are required for FY11/12. The award is based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the city's lease /financing program. BACKGROUND AND FINDINGS: The Pierce rescue pumper will be used by the Fire Rescue Division of the Fire Department for emergency response services. This unit is a replacement to the fleet. Currently, the City operates twenty -eight fire fighting units in the fleet with twenty -two operating as front line units and six units placed in reserve status. The existing rescue pumper will replace one of the front line units which will likely be placed in reserve status. The existing reserve unit will be taken out of service and sold at public auction or transferred to another public agency. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The Pierce rescue pumper 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 rescue pumper. The estimated annual payment is $91 ,074.84. Total estimated cost over the sixty -month period, including principal of $425,000 and interest of $30,374.20, is $455,374.20 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: Fire Department -31- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $719,613.00 447,784.63 $1,167,397.63 Encumbered 1 Expended Amount 711,586.36 0.00 711,586.36 This item 7,589.57 447,784.63 455,374.20 BALANCE $ 437.07 0.00 $ 437.07 Fund(s): General Fund Comments: Lease payments are expected to commence on or about July 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager. CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 13, 2011 PRICE SHEET: BI- 0063 -12 RESCUE PUMPER Siddons Fire Apparatus, Inc. Manor, TX Item Description 1 Pierce Saber SLT, Rescue Pumper, 1250 GPM Qty. Unit Unit Extended Price Price TOTAL: 1 each $ 425,000.00 $425,000.00 $425,000.00 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 12/13/2011 Ronald L. Olson, City Manager Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 Lease Purchase of Refuse Containers. CAPTION: RECOMMENDATION: Motion approving the lease purchase of 6,500 95196 - gallon curbside refuse containers from Toter Incorporated, Statesville, NC for the total amount of $293,800, of which, $31,479.72 is required for fiscal year 2011/2012. 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 collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. BACKGROUND AND FINDINGS: The containers will be used in the City's automated collection program. These containers will be distributed to residents in new start-up homes, residents requesting additional containers and replacement units. The entire City is currently on the automated collection program. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: The containers will be funded for a sixty -month period with an estimated interest rate of 3.75 %. The actual interest rate will be determined after the acceptance of the containers. The estimated annual payment for the Solid Waste Department is $62,959.44. Total estimated cost over the sixty -month period, including principal of $293,800.00 and interest of $20,997.20, is $314,797.20 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: Solid Waste Department —37— FINANCIAL IMPACT: Operating Expense Fund(s): General Fund Comments: Lease payments are expected to commence on or about February 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Project to Date Expenditures Fiscal Year: 2011 -2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $2,143,417.91 $283,317.45 $2,426,735.36 Encumbered / / Expended Amount 1,699;998.88- 0.00 1,699,998.88 This item 31,479.75 283,317.45 314,79720 _ BALANCE $411,939.28 0.00 $411,939.28 Fund(s): General Fund Comments: Lease payments are expected to commence on or about February 1, 2012. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price sheet attached. Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: ELISA COVINGTON COUNCIL DATE: DECEMBER 13, 2011 PRICE TABULATION NO; BI- 0036 -12 REFUSE CONTAINERS $ 293,800.00 TOTAL: (1.) Note Cascade Engineering conditioned their quote to their own terms and conditions. $ 306,800.00 $ 307,600.00 Toter Incorporated Statesville, NC Cascade Engineering (14 Kentwood, MI Rehrig Pacific Company Dallas, TX Item Description Qty. Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 6,500 96- gallon refuse containers ' 1 Lot $ 293,800.00 $ 293,800.00 $ 306,800.00 $306,800.00 $ 307,600.00 $307,600.00 $ 293,800.00 TOTAL: (1.) Note Cascade Engineering conditioned their quote to their own terms and conditions. $ 306,800.00 $ 307,600.00 5 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (361) 826 -3169 Mikeb@cctexas.com CAPTION: Award of a supply agreement: Cold Mix -Cold Laid Asphalt and Pre - Coated Aggregate Bid Invitation -- BI- 0018 -12 RECOMMENDATION: Motion approving a supply agreement with Martin Marietta Materials, San Antonio, Texas, for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of pre- coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi - annual expenditure of $287,000. The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available in the Material Inventory Fund. BACKGROUND AND. FINDINGS: Pre- coated aggregate is used with liquid asphalt binder to seal coat streets, which extends the life of the riding surface. Cold mix -cold laid asphalt is used to repair streets after utility cuts are made by the Utility Departments. The Street Department uses the material as an overlay and as an alternate patching material when regular hot mix asphalt is not available. ALTERNATIVES: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY I NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,290,432.88 $3,290,432.88 Encumbered / Expended Amount $617,218.56 $617,218.56 This item $287,000.00 $287,000.00 BALANCE $2,386,214.32 $2,386,214.32 una[s enera1 I-un Comments: Not applicable. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Bid Invitation No.: BI- 0018 -11 Cold Mix - Cold Laid Asphalt & Pre - Coated Aggregate Buyer: Gabriel Maldonado Date: 12/13/11 ITEM DESCRIPTION 1. Cold Mix - Cold Laid Asphalt, Type B, Item 330 Truck delivery to the Holly Road stock pile 2. Pre - Coated Aggregate, Grade 4 modified, minimum polish value of 30. Truck delivery to Holly Road stock pile Total CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION MARTIN MARIETTA MATERIALS SAN ANTONIO, TEXAS VULCAN CONSTRUCTION MATERIALS SAN ANTONIO, TEXAS Unit Extended Unit Extended QTY. UNIT Price Price Price Price 4,000 Ton $60.60 $242,400.00 $63.25 $253,000.00 1,000 Ton $44.60 $44,600,00 $46.25 $46,250.00 $287000.00 $299,250.00 6 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361- 826 -3169 CAPTION: Repair of Raw Water Pump #3 — Pump Station # 1. RECOMMENDATION: Motion approving a repair work order with Smith Pump Company, Inc., McAllen, Texas, for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY2011 -2012. BACKGROUND AND FINDINGS: Raw Water Pump Station (RWPS) #1 and #2 are located at 13741 Smith Drive. These RWPS provide raw water from Nueces River to the O.N. Stevens Water Treatment Plant for filtration and disinfection. RWPS # 1 has four pumps (1, 2, 3 & 4); however, only one of the four pumps is operational. This repair will double the current pump capacity at RWPS # 1 and provide for redundancy in the City's raw water inflow needs. ALTERNATIVES: Smith Pump Company, Inc. is the sole source distributor and servicing dealer for the pump needing repair; Flowserve Pumps. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $749,843.00 $0.00 $749,843.00 Encumbered / Expended Amount $0.00 $191,595.13 $0.00 $191,559.13 This item $0.00 $75,058.00 $0.00 $75,058.00 BALANCE $0.00 $483,189.87 $0.00 $483,189.87 unocsr Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Approvals: Brian Narvaez, Assistant City Attorney Constance P. Sanchez, interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION BI- 0046 -12 SENIOR BUYER: GABRIEL MALDONADO DATE: DECEMBER 13, 2011 Smith Pump Company, Inc. McAllen, Texas ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED PRICE 1 REPAIR RAW WATER PUMP #3 to include removal from worksite, teardown, inspection, repair, install and startup. TOTAL LOT $75,058.00 $75,058.00 $75,058.00 J AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Services (36.1) 826 -3169 Mikeb @cctexas.com CAPTION: Lease of a motor grader in accordance with Bid Invitation No. BI- 0029 -12 Motion approving a supply agreement with Doggett Machinery, Corpus Christi, Texas, for the lease of a motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February — October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY2011 -2012 adopted budget. BACKGROUND AND FINDINGS: The motor grader will be used by the Beach Operations Division of the Parks and Recreation Department to maintain the beach and beach roadways. The equipment will be used for nine (9) months out of the year and returned to the vendor for the three (3) months that the equipment is not being used. The City will not be charged for those three (3) months. ALTERNATIVES: The decision to lease the motor grader in lieu of purchasing the equipment was made due to the harsh conditions at the beach. The lease provides for a full maintenance agreement that will keep the unit operational throughout the term of the lease. The City will establish a new lease for replacement equipment at the end of the term in October2014. The bid response received from Doggett Machinery meets all technical and qualification requirements, as specified in the bid invitation. OTHER CONSIDERATIONS: Pricing was submitted by H &V Equipment Services, Inc. of Corpus Christi, Texas, however; the company failed to meet specification requirements regarding the acceptable year model, as specified in the bid invitation. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. -55- EMERGENCY ! NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $124,366.83 $143,115.00 $267,481.83 Encumbered / Expended Amount 53,202.19 0.00 53,202.19 This item 40,890.00 143,115.00 184, 005.00 BALANCE $30,274.64 $0.00 $30,274.64 ndfs): General Fun RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI- 0029 -12 Bid Tabulation Approvals: Brian Narvaez, Assistant City Attomey Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: SAVANNAH CRUZ DATE: DECEMBER 13, 2011 BID TABULATION LEASE OF MOTOR GRADER BID INVITATION NO. BI- 0029 ..12 ITEM DESCRIPTION QTY UNIT Lease of one used motor grader in accordance with Specification No. 1089 1. Monthly Lease Rate Grand Total: Doggett Machinery Corpus Christi, Texas UNIT EXTENDED PRICE PRICE *H &V Equipment Services, Inc. Corpus Christi, Texas UNIT EXTENDED PRICE PRICE 27 Month $6,815.00 $184,005.00 $184,005.00 $10,550.93 $284,875.11 $284,875.11 *The bid received from H &V Equipment Services, Inc. did not meet specifications regarding the acceptable year model. 8 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: December 13, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Barrera, Assistant Director of Financial Service mikeb @cctexas.com 361 - 826 -3169 Local & Long Distance Services CAPTION: Motion approving a service agreement with Tel. West Network Services of Austin, Texas for Local and Long Distance Telephone Service, in accordance with Bid Number B1- 0092 -11, based on lowest responsible bid, for an estimated three -year expenditure of $394,108.92 of which, $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. BACKGROUND AND FINDINGS: The City's current provider of local and long distance telephone service is AT &T Corporation (AT &T), who has provided this service under two consecutive contracts for the last seven years; the last two years of which, was through the local and long distance telephone service contract between the Corpus Christi Digital Community Development Corporation (CCDCDC) and AT &T. Because the CCDCDC has been terminated, the City has competitively procured this service. ALTERNATIVES: None. OTHER CONSIDERATIONS: When comparing current pricing to that of the vendor recommended herein, pricing will decrease by approximately $92,776 or 23.4 %over the three -year term of the recommended contract. CONFORMITY TO CITY POLICY: This purchase conforms to City purchasing policies and procedures and state statutes regulating procurement. EMERGENCY/NON- EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Municipal information Systems Department FINANCIAL IMPACT: ❑ Not Applicable J Operating Expense ❑ Revenue o CIP Fiscal Year: 2011 -2012 Project-to-Date Expenditures (CIP) Current Year Future Years TOTALS Budget $0 $228,220.00 $317,476.63 $545,696.63 Encumbered / Expended Amount $0 $51,232.96 $0 $51,232.96 This item $0 $76,632.29 $317,476.63 $394,108.92 BALANCE $0 $100,354.75 $0 $100,354.75 Fund(s): Municipal Information System Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation attached. Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION DATE: December 13, 2011 Bid No.: 13I- 00092 -11 LOCAL & LONG DISTANCE SERVICES Tel West Network Services AUSTIN, TEXAS ITEM DESCRIPTION QTY UNIT UNIT PRICE MONTHS EXTENDED PRICE 1 Long Distance Service 2.1 POTS Lines CRCH TX BU CRCH TX CA CRCH TX FB CRCH TX PD CRCH TX TE CRCH TX TU CRCH TX WY 2.2 Business Multi -Line Acess Lines 2.3 Hunt Groups 2.4 Caller ID 2.5 Personalized Ring 2.6 Non - Recurring Charge - Service Order 2.7 Non- Recurring Charge - Trip Charge 2.8 Non - Recurring Charge - Central Office 2.9 Ad Hoc Reports TOTAL 45,084 minute 23 16 16 16 119 193 38 97 40 50 16 1 1 1 line line line line line line line multi -line line line line order trip line hour $0.02 36 $32,460.48 $39.99 $39.99 $39.99 $39.99 $19.99 $19.99 $19.99 36 36 36 36 36 36 36 $0.00 36 $0.00 36 $33,111.72 $23,034:24 $23,034.24 $23,034.24 $85,637.16 $138,890.52 $27,346.32 $0.00 $0.00 $0.00 36 $0.00 $0.00 36 $0.00 $50.00 36 $1,800.00 $0.00 36 $0.00 $75.00 36 $2,700.00 $85.00 36 $3,060.00 $394,108.92 POTS LINES AND LONG DISTANCE SERVICE AGREEMENT Service Agreement No.: SA12 -042 THIS POTS Lines and Long Distance Service Agreement (this "Agreement ") is entered into by and between Tel West Network Services Corporation (the "Contractor ") and the City of Corpus Christi, a Texas home -rule municipal corporation (the "City "), by and through its duly authorized City Manager or designee ( "City Manager "), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide POTS Lines and Long Distance Service in response to Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10/18/11) which is incorporated and attached as Exhibit A; WHEREAS the City has determined Contractor to be the lowest responsible bidder; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: I. Services. Contractor will provide POTS Lines and Long Distance Service in accordance with Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10118111). 2. Term. This Agreement is for thirty -six (36) . months commencing on and continuing through . The term includes an option to extend for up to two additional twelve -month periods subject to the approval of the Contractor and the City Manager. 3. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement including deductions for non - performance and authorizations for payment. All of the Contractor's notices or communications regarding this Agreement must be directed to the Contract Administrator, who is the Director of Municipal Information Services. 4. Independent Contractor. Contractor will perform the services hereunder as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant or employee of the Contractor be considered an employee of the City. 5. Insurance. Before activities can begin under this Agreement, the Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverages and the performance bond to the Contract Administrator. Additionally, the Certificate must state that the Director of Municipal Information Services will be given at least thirty (30) days' notice, by certified mail, of cancellation, material change in the coverages or intent not to renew any of the policies. The City must be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request. 6. Assignment. No assignment of this Agreement or any right or interest therein by the Contractor is effective unless the City first gives its written consent to such assignment. The performance —64— of this Agreement by the Contractor is of the essence of this Agreement and the City's right to withhold consent to such assignment is within the sole discretion of the City on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends on July 31S), is subject to appropriations and budget approval providing for covering such contract item as an expenditure in said budget The City does not represent that said budget item will be actually adopted as that determination is within the sole discretion of the City Council at the time of adoption of each budget. 8. Waiver. No waiver of any breach of any term or condition of this Agreement, or Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10/18/11), or the Contractor's bid offer to Bid Invitation No. BI- 0092 -11 waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in the City of Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas and such form and venue for such disputes is the appropriate district, county or justice court in and for Nueces County, Texas. 10. Subcontractors. The Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Director of Municipal Information Systems. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only by written Agreement duly authorized by the parties hereto and signed by the parties. 12. Termination. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in Bid Invitation No. BI- 0092 -11 (which includes Specification 1241, dated 10/18/11). Failure to keep all insurance policies and performance bonds in force for the entire term of this Agreement is grounds for termination. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. Alternatively, the City may terminate this Agreement upon twenty (20) days' written notice to the Contractor. However, the City may terminate this Agreement on twenty -four (24) hours' written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out herein. 13. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended. Upon his request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. —65- 14. Drug Policy. The Contractor must adopt a Drug Free Workplace policy. 15. Violence Policy. The Contractor must adopt a Violence in the Workplace policy. 16. Notice. Notice may be .given by fax, hand delivery or certified mail, postage prepaid, and is received on the day faxed or hand - delivered and on the third day after deposit in the U.S. mail if sent certified mail. Notice shall be sent as follows: IF TO CITY: City of Corpus Christi Attention: Director of Municipal Information Systems P.O. Box 9277 Corpus Christi, Texas 78469 -9277 IF TO CONTRACTOR: Contractor f Wes¢ • Jp U C —o Contact ` j Y,.4vL.L44- City, Address: 11 1 G +G. State, jv1 TX 7? 7/0 — 17. Month -to-Month Extension. If the City has not completed the procurement process and awarded a new Agreement upon expiration of the original contract period or any extension period, the Contractor shall continue to provide goods /services under this Agreement, at the most current price under the terms of this Agreement or extension, on a month -to -month basis, not to exceed six months. This Agreement automatically expires on the effective date of a new contract. 18. Severability. Each provision of the Agreement shall be considered to be severable and, if, for any reason, any such provision or any part thereof, is determined to be invalid and contrary to any existing or future applicable law, such invalidity shall not impair the operation of or affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR AGREES TO INDEMNITY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTING NEGLIGENCE OF INDEMNITEES, BUT NOT BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR O'1'ktER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL ' REASONABLY SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES. OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER . THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF TNt'S AGREEMENT. SIGNED tins i4,.. day.of.. /P601/0041247201:1 Contractdi' CITY OF CORPUS CHRISTI ( "CITY ") • Michael Barrera Date Assistant Director of Financial Services APPROVED THIS DAY OF , 20_ CARLOS VALDEZ, CITY ATTORNEY By: Brian Narvaez Assistant City Attorney Incorporated by Reference: Exhibit A: Bid Invitation No, BI- 0092 -11 Exhibit B: Bidder's Bid DATE: TO: Ronald L. Olson, City Manager AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 December 13, 2011 FROM: Michael Barrera, Assistant Director of Financial Services mikeb @cctexas.com 361 - 826 -3169 Utility Worksite Restoration Services CAPTION: Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No BI- 0195-11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90 of which $81,627.53 is required for FY 201112012. The term of the contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or his designee. Funds have been budgeted by the Water Department in FY 2011/2012. Dorome General Repair Corpus Christi, Texas Primary Contractor $54,167.40 Pang Construction Corpus Christi, Texas Secondary Contractor $49.,338.63 Abel's Paving & Construction Inc. Corpus Christi, Texas Tertiary Contractor $36,426.87 Grand Total : $139,932.90 BACKGROUND AND FINDINGS: The contractors will be required to restore worksites to their original conditions prior to being worked by the Water Department Crews in performing utility line repairs. Concrete curb and gutter repair, sidewalk repair and driveway repairs are typical types of repair that will be performed under the contract. Fence repair, soil and sod replacement, general cleaning and debris removal are also covered by the contract. The contract establishes a primary contractor and two backup contractors that will be utilized based on the workload of the department and the primary contractor. ALTERNATIVES: Award a single contract to the primary contractor in the amount of $135,418.50. However, given the large amount of utility line repair work that occurs during drought conditions, staff has determined back -up contractors will provide for flexibility in expediting repairs at worksites. The Bid invitation indicated awards would be made in accordance with an estimated 40% of the annual work requirements completed by the primary contractor, 35% completed by the secondary contractor and 25% completed by the tertiary contractor. The value of each of the awards is determined by —71— multiplying the contractors bid for the annual work requirements by the respective percentage listed above. OTHER CONSIDERATIONS: This work is currently bid and contracted on an as needed basis, with up to 20 work orders being issued at any given time. This contract is established under the indefinite delivery /indefinite quantity (IDIQ) model of procurement which will allow the Water Department to better serve the needs of their customers. CONFORMITY TO CITY POLICY: The award conforms to all the City policies and State statutes governing procurement. EMERGENCY 1 NON- EMERGENCY: NIA DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: ❑ Not Applicable X Operating Expense ❑ Revenue o CIP Fiscal Year: 2011 - 2012 Project to Date Expenditures (CIP) Current Year Future Years TOTALS Budget $400,000.00 $58,305.37 $458,305.37 Encumbered / Expended Amount 266,916.00 266,916.00 This item 81,627.53 58,305.37 139,932.90 BALANCE $51,456.47 0 $51,456.47 Fund(s):4010 — Water Fund Comments: RECOMMENDATION: Staff recommends award of the contract as submitted. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Contracts Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Finance Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager _72_ CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL BARRERA UTILITY WORKSITE RESTORATION SERVICES BID TABULATION - DORAME GENERAL REPAIR CORPUS CHRISTI, TX PANG CONSTRUCTION CORPUS CHRISTI, TX ABEL'S PAVING & CONSTRUCTION CORPUS CHRIST!, TX O.C. CONSTRUCTION CORPUS CHRISTI, TX ISLAND CREATIONS CORPUS CHRISTI, TX TEXAS RIGPOWER SPE CORPUS CHRISTI, TX UNIT PRI TOTAL PRICE ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE UNIT PRI TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRI TOTAL PRICE UNIT PRI TOTAL PRICE 1. Saw Cut, Remove and Dispose of Concrete Curb 1000 6800 2700 100 300 45 1000 3000 2000 2000 400 30 400 1200 150 650 400 100 150 100 50 30 LF SF SF CY SY GAL LF SF SF ,SF SF EA SF CY SY SY LF LF EA CY CY SY $2.50 2.00 2.00 15.10 24.25 7.80 18.00 6.00 6.00 6.00 8.00 50.00 8.00 12.00 9.00 6.75 7.75 7.75 20.00 40.00 85.00 9.00 $2,500.00 13,800.00 5,400.00 1,510.00 7,275.00 351.00 18,000.00 18,000.00 12,000.00 12,000.00 3,200.00 1,500.00 3,200.00 14,400.00 1,350.00 5,737.50 3,100.00 775.00 3,000.00 4,000.00 4,250.00 270.00 $2.75 2.25 2.25 15.50 25.00 8.00 18.25 6.00 6.00 6.25 8.00 85,00 8,25 12.50 9.00 6.75 8.25 8.25 25.00 40.00 00.00 9.00 $2,750,00 15,300.00 6,075.00 1,550.00 7,500.00 360.00 18,250.00 18,000.00 . 12,000.00 12,500.00 3,200.00 1,950.00 3,300.00 15,000.00 1,350.00 5,737.50 3,300.00 825.00 3,750.00 4,000.00 4,000.00 270.00 $2.50 2.25 2.25 16.00 22.50 7.00 20.00 7.00 6.00 6.00 6.00 75.00 8.25 12.00 9.00 9.00 9.00 9.00 25.00 42.00 70.00 2.25 $2,500.00 15,300.00 6,075.00 1,500.00 6,750.00 315.00 20,000.00 21,000.00 12,000.00 12,000.00 3,200.00 2,250.00 3,300.00 14,400.00 1,350.00 7,850.00 3,600.00 900.00 3,750.00 4,200.00 3,500.00 67.50 $8.50 5,50. 5.50 20.00 15.00 35.00 20.00 7.00 9.00 14.00 7.00 95.00 12.00 3.20 3.20 3.30 18.00 18.00 350.00 40.00 85.00 90.00 $8,500.00 37,400.00 14,850.00 2,000.00 4,500.00 1,575.00 20,000.00 21,000.00 18,000.00 28,000.00 2,800.00 2,850.00 4,800.00 3,840.00 480.00 2,805.00 6,400.00 1,800.00 52,500.00 4,000.00 4,250.00 2,700,00 $23.00 4.60 4.60 69.00 184.00 8.00 23.00 4.60 5.06 5.75 5.18 230.00 11.50 40.25 13.00 14.00 25.00 22.00 230.00 172.50 132.00 11.50 $23.000.00 31,260.00 12,420.00 6,000.00 55,200.00 360.00 23,000.00 13,800.00 10,120.00 11,500.00 2,072.00 6,900.00 4,600.00 48,300.00 1,950.00 11,900.00 10,000.00 2,200.00 34,500.00 17,250.00 8,600.00 345.00 $45.00 15.00 18.00 60.00 250.00 250.00 50.00 12.00 13.00 16.00 25.00 200.00 14.00 100.00 6.00 6.00 20.00 20.00 600.00 100.00 300.00 25.00 $45,000.00 102,000.00 48,600.00 6,000.00 75,000.00 11,250.00 50,000.00 38 000.00 26,000.00 32,000.00 10,000.00 8,000.00 5,600.00 120,000.00 900.0- 5,100.1 I 8,000. 2,000.r I 90,000.00 10,000.00 15,000.00 750.00 2. Saw Cut, Remove and Dispose of Concrete Sidewalks, Driveways, & Medians 3. Saw Cut, Remove and Dispose of Asphalt Concrete; per Square Foot 4. Flexible Base 5• HMAC Type D- 2 -inches thick 8. Prime Coat 7. Concrete Curb and Gutter 9. Concrete Sidewalk 9. Concrete Driveway 10. Commercial Driveway 11. Exposed Aggregate 12. Concrete Around Valve Collar 13. Curb Ramp, Concrete 14. Top Soil 15. Bermuda Sod 16. St. Augustine Sod 17. Replace Fence to match existing 18. Repair Fence 19. Barricades, Signs and Traffic Handling 20. Miscellaneous Debris Removal 21. Flowable Fill 22. Washing/Cleaning Bid for Annual requirements (100%) Primary award (40%} Secondary award {35%) Tertiary award (25%) Grand Total 139,932.90 $135,418.50 54,167.400 $140,967.50 49.338.83 $145,707.50 $36.426.97 $245, 050.00 $334,197.00 $705,200.00 10 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/13/2011 TO: Ronald L. Olson, City Manager FROM: CAPTION: Michael Barrera, Assistant Director of Financial Services (361) 826 -3168 Mikeb @cctexas.com Appropriation of funds for park improvement through the purchase and installation of play structure at Lamar Park. (A): Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for park improvements, and other related projects; and declaring an emergency. (B): Motion approving the purchase and installation of a play structure from The PlayWell Group, Dallas, Texas based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park equipment for the Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond '08) CIP Fund and the Community Enrichment Fund. BACKGROUND AND FINDINGS: The Capital Improvement Project in the 2008 Bond Program provides funding to purchase new and replacement playground equipment for the following City Park as part of the Neighborhood Playground and Park Improvement Project: • Lamar Park- 4231 Santa Fe The current park equipment at the park is out -dated and does not meet current safety standards. The new and replacement equipment will enhance the use and overall appearance of the park. ALTERNATIVES: Alternatives considered were that current park and playground equipment remain as is or to internally develop concepts and solicit formal bids. CONFORMITY TO CITY POLICY: This purchase conforms to all City purchasing policies and procedures and State statutes regulating procurement. EMERGENCY 1 NON - EMERGENCY; In order to secure current pricing, this item must be purchased before January 2012, thus necessitating the declaration of an emergency to allow for a single reading of the ordinance. DEPARTMENTAL CLEARANCES; Parks and Recreation Engineering FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0.00 $72,700.21 $72,700.21 Encumbered / Expended Amount 0.00 $1,762.50 $1 ,762.50 This item 0.00 $65,408.67 $65,408.67 BALANCE $0.00 $5,529.04 $5,529.04 Fund(s): Parks and Recreation 2010 General Obligation CIP (Bond '08) Fund Community Enrichment Fund Comments: The cost of the play structure and installation is $65,408.67. Monies to support this award are split between the Bond 2008 CIP, $42,708.46 and the Community Enrichment Fund, $22,700.21. The $22,700.21 available in the Community Enrichment Fund was donated by friends and neighbors of the Lamar Park for the purchase of the play structures. The Bond 2008 CIP fund has $50,000 allocated to Lamar Park for park improvements. Combining the $22,700.21 from the Community Enrichment Fund with the $50,000 in the Bond 2008 CIP fund results in $72,700.21 available in the line item budget. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: BI- 0043 -12 Price Listing Approvals: Brian Narvaez, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION SENIOR BUYER: GABRIEL MALDONADO DATE: DECEMBER 13, 2011 TEXAS LOCAL GOVERNMENT COOPERATIVE CONTRACT #346 -10 PLAY STRUCTURES THE PLAYWELL GROUP DALLAS, TEXAS ITEM DESCRIPTION LAMAR PARK Play World Activa ARIA, Piayworid Play Simple Design, Geo Fabric 2700 sf roll, ToT Turf Poured in Place, installation of two Play Systems and freight charges. QTY UNIT 1 LOT EXTENDED UNIT PRICE PRICE $65,408.67 $65,408:67 TOTAL $65,408.67 Page 1 of 2 Ordinance appropriating $22,700.21 in community contributions into the No. 4720 Community Enrichment Fund for improvements to Lamar Park and other related projects; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $22,700.21 in community contributions is appropriated into the No. 4720 Community Enrichment Fund for improvements to Lamar Park and other related projects. 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 , 2011. ATTEST: THE-CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: 1�%�orid[z 9 , 2011. L. Brian ary Assistant City Attorney For City Attorney Page 2 of 2 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth- in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott 11 AGENDA MEMORANDUM for the City Council Meeting of 12/13/2011 DATE: 11/22/11 TO: Ronald L. Olson, City Manager FROM: Ricardo Quintero, Interim Fire Chief (361) 826 -3932 RichieQ @cctexas.com 2011 Homeland Security Grant Program - State Homeland Security Grant Program (SHSP) Sub - Recipient Award CAPTION: Item A. Resolution authorizing the City Manager, or designee, to execute the 2011 Sub- Recipient Agreement (SRA) and all related documents in the amount of $62,259.00 with the Texas Department of Public SafetylTexas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. Item B. Ordinance appropriating $62,259.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency has informed the City of Corpus Christi that our jurisdiction has been awarded a State Homeland Security Program grant in the amount of $62,259.00 from the Fiscal Year 2011 Homeland Security Grant Program. The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety, Texas Homeland Security State Administrative Agency serves as the State's agent for the various grant programs. These funds shall be used to provide emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. ALTERNATIVES: If we do not accept the grant award, we will have limited emergency response and security capabilities. _85_ OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: 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 0 $62,259.00 0 $62,259.00 BALANCE 0 0 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this resolution and ordinance to execute a sub- recipient agreement, accept the grant, and appropriate the funds in the amount of $62,259.00. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Sub- Recipient Award Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Director of Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution authorizing the City Manager, or designee, to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $62,259.00 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute the 2011 Sub - Recipient Award agreement and all related documents in the amount of $62,259,00 with the Texas Department of Public Safety for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP). SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA). ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Aflame Mayor APPROVED AS TO FORM: November 22, 2011 By: T. risha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb Resolution Vote Sheet —88— 1 Ordinance appropriating $62,259.00 from the Texas Department Of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA), .FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $62,259.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of December, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: November 22, 2011 T. isha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: l /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 12 AGENDA MEMORANDUM for the City Council Meeting of 12/13/2011 DATE: 11/23/11 TO: Ronald L. Olson, City Manager FROM: Ricardo Quintero, Interim Fire Chief (361) 826 -3932 RichieQ ©cctexas.com CAPTION: 2011 Homeland Security Grant Program - State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activities (LETPA) Sub - Recipient Award Item A. Resolution authorizing the City Manager, or designee, to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $59,643.00 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement•Terrorism Prevention Activity ( LETPA); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. Item B. Ordinance appropriating $59,643.00 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out Iaw enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) has informed the City that our jurisdiction has been awarded a State Homeland Security Program -Law Enforcement Terrorism Prevention Activity (SHSP - LETPA) grant in the amount of $59,643.00 from the Fiscal Year 2011 Homeland Security Grant Program. The grant places emphasis on law enforcement terrorism prevention and protection- oriented activities such as planning, organization, training, exercises and needed equipment purchases. The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) serves as the State's agent for the various grant programs. These funds shall be used to provide Iaw enforcement and emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. ALTERNATIVES: If we do not accept the grant award, we will have limited law enforcement emergency response capabilities. OTHER CONSIDERATIONS,: N/A FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Bud. et 0 Encumbered / Expended Amount 0 This item 0 $59,643.00 0. $59,643.00 BALANCE 0 0 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this resolution and ordinance to execute a sub- recipient agreement, accept the grant, and appropriate the funds in the amount of $59,643.00. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Sub- Recipient Award Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Director'of Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution authorizing the City Manager, or designee, to execute the 2011 Sub - Recipient Agreement (SRA) and all .related documents in the amount of $59,643.00 with the Texas Department of Public Safety /Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute the 2011 Sub - Recipient Agreement and all related documents in the amount of $59,643.00 with the Texas Department of Public Safety for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP) Law Enforcement Terrorism Prevention Activity (LETPA). SECTION 2. In the event of the Toss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: November 22, 2011 T, T sf a 9' ng -' Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott David Loeb Ordinance appropriating $59,643.00 . from the Texas Department Of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, . TEXAS: SECTION 1. That $59,643.00 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises, and purchase needed equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) .finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of December, 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved as to form: November 22, 2011 T. Tfisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY .COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon .ordinances at two regular meetings: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the. present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 13 AGENDA MEMORANDUM for the City Council Meeting of 12/13/2011 DATE: 11/23/11 TO: Ronald L. Olson, City Manager FROM: Ricardo Quintero, Interim Fire Chief (361) 826 -3932 RichieQ @cctexas.com 2011 Homeland Security Grant Program - Metropolitan Medical Response System (MMRS) Sub - Recipient Award CAPTION: Item A. Resolution authorizing the City Manager, or designee, to execute the 2011. Sub - Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS- SAA),for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. Item B. Ordinance appropriating $267,608.35 from the Texas Department of Public Safety, Texas Homeland Security - State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment; and declaring an emergency. BACKGROUND AND FINDINGS: The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) has informed the City that our jurisdiction has been awarded a grant in the amount of $267,608.35 from the Fiscal Year 2011 Homeland Security Grant Program. The purpose of the grant is to carry out homeland security projects with a focus on medical and hazardous materials projects, which will significantly improve local and regional terrorism prevention, preparedness, response, and recovery capabilities. The U. S. Department of Homeland Security annually issues grants to the State of Texas. The Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) serves as the State's agent for the various grant programs. These funds shall be used to provide medical and hazardous materials emergency response communities with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential threats of man -made, natural disaster, and acts of terrorism. ALTERNATIVES: If we do not accept the grant award, we will have limited medical and hazardous materials emergency response capabilities. OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: 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 0 $267,608.35 0 $267,608.35 BALANCE 0 0 0 0 Fund(s): Comments: RECOMMENDATION: Staff recommends approval of this resolution and ordinance to execute a sub- recipient agreement, accept the grant, and appropriate the funds in the amount of $267,608.35. LIST OF SUPPORTING DOCUMENTS: Resolution Ordinance Sub- Recipient Award Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Deputy Director of Financial Services Loyd E. Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution authorizing the City Manager, or designee, to execute the 2011 Sub- Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager, or designee, to accept, reject, alter, or terminate the grant. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute the 2011 Sub - Recipient Agreement and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS). SECTION 2. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA). ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: November 22, 2011 By: T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas of ,2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb Resolution Vote Sheet —104— Ordinance appropriating $267,608.35 from the Texas Department Of Public Safety, Texas Homeland Security .. — State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $267,608.35 is appropriated from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard, and purchase medical equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the of December, 2011. . ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved;to fo November 22, 2011 T. Trisha Dang Assistant City Attorney For City Attorney Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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 The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott David Loeb 14 vs oRroaa 1852. DATE: 11/7/2011 TO: AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 Ronald L. Olson, City Manager FROM: Debbie Marroquin debbiem @cctexas.co 361 -885 -6924 Acceptance of Grant Award and authorization to execute agreements for a grant in the amount of $49,990 from the U.S. Department of Transportation to enhance education, emergency response and community awareness associated with pipeline safety. CAPTION: Item A: Resolution authorizing the City Manager or designee to accept a grant in the amount of $49,990 from the U. S. Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. Item B: Ordinance appropriating a grant in the amount of $49,990 from the U. S. Department of Transportation in the No. 1053 Gas Department Grants Fund to enhance education, emergency response, and community awareness associated with pipeline safety issues; and declaring an emergency. BACKGROUND AND FINDINGS: Informed communities play a vital role in the safety and reliability of pipeline operations. The grant offers new opportunities to strengthen the depth and quality of public participation in pipeline safety matters. The City of Corpus Christi will partner with the Local Emergency Planning Committee to improve performance in public and childhood education, emergency response, and community awareness associated with pipeline safety issues. Due to timing constraints, the grant application was submitted prior to being reviewed by City Council. The grant requires no matching funds. ALTERNATIVES: To continue to educate the public at current level through community based events, print media, television and radio. OTHER CONSIDERATIONS: Not Applicable -109- CONFORMITY TO CITY POLICY: Council approval is required for acceptance of grant and appropriation of grant funds. EMERGENCY / NON- EMERGENCY: Emergency to meet grant deadlines. DEPARTMENTAL CLEARANCES: Legal Department Finance - Federal Grants and office of management and budget FINANCIAL IMPACT: Fiscal Year: 2011- 2012 Project to Date Expenditures (GIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $49,990 $49,990 BALANCE und(s): as Department Grant Comments: 100% Grant Funded RECOMMENDATION: Approve the agenda item as presented by staff. LIST OF SUPPORTING DOCUMENTS: Grant Agreement No. DTPH56- 11- G- PHPT17 Resolution /Ordinance Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager Page 1 of 2 Resolution authorizing the City Manager, or designee, to accept a grant in the amount of $49,990 from the U. S. Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. Be it resolved by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager, or designee, is authorized to accept a grant in the amount of $49,990 from the U. S. Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents necessary to implement the grant. Additionally, the City Council ratifies acceptance of the grant to be effective as of September 29, 2011 Section 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. Attest: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: November 21, 2011 R y eining First ssistant'City Attorney for the City Attorney USDOT Gas Tech Assist Grant 1121201.docx Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Eiizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott USDOT Gas Tech Assist Grant 1121201.docx —112— Page 2 of 2 Page 1 of 2 Ordinance appropriating a grant in the amount of $49,990 from the U. S. Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response, and community awareness associated with pipeline safety issues; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. Grant funding in the amount of $49,990 from the Texas Department of State Health Services is appropriated in the No. 1053, Gas Grants Fund to enhance education, emergency response, and community awareness associated with pipeline safety issues. 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 , 2011. Attest: City of Corpus Christi Armando Chapa Joe Adame City Secretary Mayor Approved: November 21, 2011 R. J- R ing Fi t A: istant City A For City Attorney ney USDOT Gas Tech Assist Grant Approp Ord 112120111.docx —113 -- Page 2 of 2 Corpus Christi, Texas day of. ,2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott € SDOT Gas Tech Assist GrantApprop Ord 112120111.docx _1-14— 15 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 10/17/2011 TO: Ronald L. Olson, City Manager FROM: Annette Rodriguez, MPH, Director of Public Health annetter @cctexas.com 361 -826 -7203 CAPTION: Authorizing Grant funding for Women, Infant, Children Program at Corpus Christi- Nueces County Public Health District Item A: Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants, and Children program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. Item B: Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children Program, based on an $12.34 reimbursement for each participant served; 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 a 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 begin on 10101/2011 through 03/31/2012. This grant provides level funding. No matching funds required. ALTERNATIVES: Discontinue WIC Program at the Corpus Christi - Nueces County Public Health District OTHER CONSIDERATIONS: Not applicable —1 1 7— CONFORMITY TO CITY POLICY: Council approval require for acceptance of grant and appropriation of grant funds. EMERGENCY / NON- EMERGENCY: Staff is requesting an emergency reading. According to Article II, Section 14 of the City Charter, an item can be classified as an emergency because it calls for "immediate action necessary for the efficient and effective administration of the city's affairs ". This is a routine, non- controversial item and grant contract begins on October1,2011. One reading -grant contact begins September 1, 2011. DEPARTMENTAL CLEARANCES: Corpus Christi - Nueces County Public Health District Legal Department Finance - Federal Grants and office of management and budget FINANCIAL IMPACT:. Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered 1 Expended Amount This item BALANCE unac s : l ubc� Comments: 100% Grant Funded RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Contract No. 2012 - 040001 Resolution /Ordinance Approvals: Elizabeth Hundley, 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 Resolution authorizing the City manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants, and Children Program, based on a $12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants, and Children Program, based on a $12.34 reimbursement for each participant served, and to execute ail related documents. Additionally, the City Council ratifies acceptance of the grant to begin as of October 1, 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 19, 2011. Eliza = h R. Hundley Assis ant City Attorney for the City Attorney PHres303 WIC Grant 1011 to 312 201 11 019 Joe Adame Mayor -119- Page 1 of 2 Corpus Christi, Texas day of 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres303 WIC Grant 1011 to 312 20/11019 Page 2 of 2 —120— Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No 1066 Health Grants Fund to provide for the Women, Infants, and Children Program, based on a $12.34 reimbursement for each participant served; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant in the amount of $440,354 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund to provide for the Women, infants, and Children Program, based on a $12.34 reimbursement for each participant served. 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 ,2011. ATTEST: Armando Chapa City Secretary APPROVED: October 19, 201.1 ori ht-ti, ,LI! Eliza = h R. Hundley Assi nt City Attorney for the City Attorney ElRord351 WIC Grant 1011 to 312 20111019 CITY OF CORPUS CHRISTI Joe Adame Mayor -121- Page 1 of 2 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHord351 WIC Grant 1071 to 312 20111019 Page 2 of 2 —122— 16 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: TO: FROM: November 14, 2011 Ronald L. Olson, City Manager Michael Morris, Director `min MichaelMo(ccctexas.com 361 -826 -3464 Award of GLO Coastal Management Program grant of $100,000 for the Oso Bay Learning Center and Wetland Preserve CAPTION: A. Resolution authorizing the City Manager, or designee, to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of$47,000 in the Fund No. 3292 Parks and Rec 2010 GO (Bond 08) and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, and a total project costs of $167,000. B. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency. C. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays Foundation for a $20,000 cash match for the Texas General Land Office Coastal Management Program. BACKGROUND AND FINDINGS: Funding for the 162 acre Oso Bay Learning Center and Wetland Preserve was approved by voters in 2008. This grant will provide funding for development of a wetland restoration plan. ALTERNATIVES: Return the grant and utilize bond funding for wetland restoration. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: City Council must appropriate all grant funding. EMERGENCY 1 NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Accounting, Budget FINANCIAL IMPACT: DI Not Applicable n Operating Expense ❑ Revenue X cIP Fiscal Year: 2011 -2012 Project to Date Expenditures (GIP) Current Year Future Years TOTALS Budget (Cash match) $67,000 $67,000 Encumbered I Expended Amount This item (Fd 1067) $100,000 $100,000 BALANCE Fund(s): 1067 -Parks and Recreation Grants Comments: $20,000 third -party cash match from CBBEP. RECOMMENDATION: Staff recommends approval of this grant. LIST OF SUPPORTING DOCUMENTS: Contract, resolution, ordinance; Cash Match Agreement with CBBEP. Approvals: R. Jay Reining, Senior Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Resolution authorizing the City Manager, or designee, to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, and a total project costs of $167,000 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 accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. The City match for this grant is $47,000 and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, for a total project costs of $167,000. Section 2. The City Manager, or designee, may reject, alter the terms of, or terminate the grant. Attest: Armando Chapa City Secretary Approved: December 5, 2011. R. fining First sistant City Attor• ey For City Attorney Oso Bay Learning Center grantacceptres 12052011.docx The City Of Corpus Christi Joe Adame Mayor -127- Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Oso Bay Learning Center grantacceptres 12052011.docx -129- Page 1 of 2 Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program and $20,000 from the Coastal Bend Bays and Estuaries Progam, Inc., in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve; and declaring an emergency Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That $100,000 from the Texas General Land Office Coastal Management Program and $20,000 from the Coastal Bend Bays and Estuaries Progam, Inc., is appropriated in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. Section 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2011. Attest: City of Corpus Christi Armando Chapa City Secretary Approved: December 5, 2011 R. Jay Reining First Assistant City Attorney For City Attorney Oso Bay Learning Center grant appropord 12052011 -131- Joe Adame Mayor Page 2 of 2 Corpus Christi, Texas day of 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott Oso Bay Learning Center grant appropord 12052011 —133— 17 City of A❑s sti AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: November 16, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMoCccctexas.com 361 -826 -3464 Authorize agreement and appropriate NCOA One Away Campaign Grant for Senior Community Services, Parks and Recreation. PURPOSE: A. Motion authorizing the City Manager, or his designee, to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. B. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project; and declaring an emergency. BACKGROUND AND FINDINGS: The One Away Campaign is coordinated by the National Council on Aging as part of their Elder Voices for Economic Security Advocacy Initiative to increase awareness on the economic issues faced by older Americans. Parks and Recreation, Senior Community Services, is one of fourteen national advocacy partners selected to provide representative personal stories through video footage of selected economically disadvantaged older Americans. The anticipated outcomes as outlined in the agreement include the development and implementation of a community micro - campaign relating to the economic struggles of the elderly in our region; identify persons who are willing to share their stories; produce two local videos (one of which will be selected as a national video); host One Away advocacy events; host a Congressional District Office meeting; participate in training forums /webinars; produce monthly campaign website blogs and engage in advocacy of policy solutions. ALTERNATIVES: Decline the grant invitation. OTHER CONSIDERATIONS: N/A FINANCIAL IMPACT: Does not require a cash match. Current staff will coordinate promotion, activities and video production. ❑ Not Applicable I Operating Expense ❑ Revenue ❑ CIP -137- Page 2 of 2 Fiscal Year: 2010 -2011 Project to date exp (CIP Only) Current Year Future Years TOTALS Budget Encumbered /Expended Amt. This item $20,000 NA $20,000 Balance: RECOMMENDATION: Staff recommends the endorsement and approval to enter into agreement with NCOA for the One Away Campaign and to appropriate the $20,000 in grant funds to support this project. CONFORMITY TO CITY POLICY: City Council must authorize the City Manager to execute a contract or agreement to receive grant funds. EMERGENCY / NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Attachment — Agreement with the National Council on Aging Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager Page 1 of 2 Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project; 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 $20,000 from the National Council on Aging is appropriated in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. 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 , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: November 7, 2011 Lisa Agui a , Assistant City Attorney for the Ci y Attorney Page 2 of 2 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame . Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott. 18 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: December 13, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Approval authorizing the resale of four (4) foreclosed properties by the Nueces County Judge. PURPOSE: Ordinance authorizing the resale of four (4) properties for a minimum acceptable sales price as detailed below, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens; and declaring an emergency: 1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000.00. 2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000.00. 3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875.00. 4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000.00. BACKGROUND AND FINDINGS: Properties within the City of Corpus Christi are periodically foreclosed due to non - payment of ad valorem taxes. The City and Nueces County entered into an lnterlocal Agreement for the collection of delinquent ad valorem taxes. Nueces County has contracted with the law firm of Linebarger, Goggan, Blair, & Sampson, L. L.P. to pursue collections of delinquent ad valorem taxes. When all avenues for collections are exhausted, foreclosed properties with delinquent ad valorem taxes are offered for sale at a public auction by the Sheriff. The opening bid at the "Sheriffs sale" is set by law and must be either the aggregate amount of taxes, municipal liens, and court costs due under the judgment or the adjudged value of the property, whichever is lower. (The adjudged value is the value stated on the face of the judgment and is the most recent tax appraisal value certified by the Nueces County Appraisal District.) If nobody is willing to pay the opening bid amount for the property, then the Sheriff strikes it off (sells it) to the taxing entities. The taxing entities then get the property in lieu of their delinquent taxes. The law firm will then put the property on their tax resale list, will, nail a "For Sale" sign on the property, and will solicit purchase offers from the public. When an offer or offers are received, they then bring the highest offer forward for consideration and action by the governing bodies of the involved taxing entities. All the entities must approve the offer, or it is rejected. The law firm has proposed the resale of four (4) properties at the bid prices fisted in Exhibit A. The monies received from this sale are distributed pursuant to the property tax code. The net proceeds from the sale are first applied to pay off the outstanding court costs and the remaining funds are applied on a pro rata basis to each taxing jurisdiction. Approval of the ordinance will authorize the Nueces County Judge to execute a Resale Deed for the properties fisted so they can be returned to the property tax roll for the upcoming year. ALTERNATIVES: nia OTHER CONSIDERATIONS: Each of the four (4) properties has been reviewed by Neighborhood Services, Engineering Services, and Parks and Recreation for potential City use. None were selected for City use. It should be noted that had any properties been identified for City use, then the City would have asked the law firm to remove the property from the list of properties to sell. This would impact the City (and the other taxing entities) in that the property would not be placed back on the tax roll to generate ad valorem taxes in the future. FINANCIAL IMPACT: ❑ Not Applicable o Operating Expense x Revenue' ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS - Budget _ - - Encumbered /Expended amount of (date) - - - - This item - $ 16,755.45 - $ 16,755.45 BALANCE - $ 16,755.45 - $ 16,755.45 FUND(S): 1020 "General Fund" COMMENTS: The City of Corpus Christi is expected to receive a total of $13,036.10 from the sale, plus $3,719.35 for partial payment of City paving and demolition liens, for a total of $16,755.45. Additionally, as much as $239,569 of taxable property value will be added to the tax rolls upon approval of the ordinance. RECOMMENDATION: Staff recommends that City Council approve the proposed Ordinance in order to place the properties back on the tax roll. CONFORMITY TO CITY POLICY: This item conforms to City policy and is routine in nature. EMERGENCY / NON-EMERGENCY: This item requires one reading and according to Article II, Section 14 of the City Charter is classified as an "emergency' because it calls for an "immediate action necessary for the efficient and effective administration of the city's affairs." Passing this ordinance in one reading enables the law firm to proceed with the sale of these properties in a timely manner — placing the properties back on the tax roll. DEPARTMENTAL CLEARANCES: • Engineering Services • Neighborhood Services • Parks and Recreation LIST OF SUPPORTING DOCUMENTS: Exhibit A: Tax Resale Property List Ordinance cc: Lisa Aguilar, Assistant City Attorney Eddie. Houlihan, Assistant Director of Management and Budget. Margie C. Rose, Assistant City Manager 1 2 3 Item # 4 1726 1727 1728 Suit Number 1729 08-4919-D 09-1282-B 09-4200-C 10-1209-G Total Property Location 402 Robert Drive 5018 Cynthia Drive 7206 Eastphal Court 3626 Eastern EXHIBIT A FORECLOSED PROPERTY LIST Legal Description 0088-0001-0050; Lot 5, Block 1, Alameda Estates No.3 3465-0000-0340; Lot 34, Hilltop Village Auiount.of Bid $ 12,000.00 1941-0003-0020; Lot 2, Block 3, court of St. James, Unit 2 0073-0000-0120; Lot 12, Airport Park Addition No. 2 1,000.00 City's 'Portio: $ 1,612.27 .City's ."-Portion . of City Paving and •Demo $ 3,719.35 53,875.00 2,000.00 $68,875.00 0.00 11,297A3 126.40 $ 13,036.10 0.00 0.00 0.00 $3,719.35 Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000.00; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000.00; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875.00; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000.00; and declaring an emergency. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. That pursuant to Section 34.05 of the Tax Code, the governing body of the City of Corpus Christi authorizes the resale of four (4) properties for minimum acceptable sales prices as further described on the attached and incorporated Exhibit A, of which the City will receive total of $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens. Section 2. That the Nueces County Judge is authorized to execute a resale deed upon payment to the City of the City's share of the tax resale proceeds. Section 3. 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 on this the day of 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved: November 22, 2011 By: . Lisa Aguil ssistant City Attorney for the City Attorney EXHIBIT A FORECLOSED PROPERTY LIST 2 3 1726 1727 1728 4 1729 08-4919-D 09-1282-B 09-4200-C 10-1209-G Total 402 Robert Drive 5018 Cynthia Drive 7206 Eastphal Court 3626 Eastern 0088-0001-0050; Lot 5, Block 1, Alameda 3465-0000-0340; Lot 34, Hilltop Village 1941-0003-0020; Lot 2, Block 3, court of 0073-0000-0120; Lot 12, Airport Park Ad Estates No.3 $ 12,000.00 $ 1,612.27 $ 3,719.35 1,000.00 it. James, 0.00 0.00 Unit 2 53,875.00 11,297.43 0.00 lition No. 2 2,000.00 $68,875.00 126.40 0.00 , $ 13,036.10 • $3,719.35 Corpus Christi, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott 19 AGENDA MEMORANDUM for the City Council Meeting December 13, 2011 DATE: December 13, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services CiJ constancep@cctexas.com (361) 826 -3227, Approval of Amendments to the City's Investment Policy PURPOSE: Resolution approving amendments to the City investment policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the Public Funds Investment Act. Legislative changes to the Public Funds Investment Act were made in 2011 which provided clarification to several of the sections of the Act. These changes are being recommended as amendments to the City's Investment Policy and are summarized as follows: • Clarification that obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or have the explicit full faith and credit of the United States are allowable investments. This section allows as an authorized investment, certificates of deposit that are acquired through a broker that has a main office or branch in Texas. Clarification that cash, in combination with other obligations, is required to secure a repurchase agreement. Deletion of the requirement that an investment pool must have a weighted average maturity no greater than 90 days, • Allowing money market mutual funds as an eligible investment for investment pools. • Clarification that the two year training cycle begins on the first day of that government's fiscal year. This change is intended to make the monitoring process easier for the entity and coincides with their budget period when allocating funds for training. City staff is also recommending adding one additional minor amendment to add Texpool's securities pricing service to monitor market price information in addition to the Bloomberg system. ALTERNATIVES: n/a OTHER CONSIDERATIONS: The City has established an Investment Committee which consists of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Assistant Director of Management and Budget, or their designees. The Committee met, on. November 29, 2011 to review and approve the Investment Policy. In accordance with the Public Funds Investment Act which requires the governing body to approve the City's investment policy annually, City staff is recommending approval of the policy as amended. FINANCIAL IMPACT: X Not Applicable o Operating Expense o Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: nla RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Legal Department • Investment Committee LIST OF SUPPORTING DOCUMENTS: City's Investment Policy cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the. Public Funds Investment Act; and approving the investment policy as amended. WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24, 1995; and was last approved in Resolution 028870 on December 7, 2010; and WHEREAS, the Investment Policy provides for annual review by City Council; and WHEREAS, the Public Funds investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies; WHEREAS, legislative changes were made to the Public Funds Investment Act in House Bill 2226; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Corpus Christi City Council has reviewed amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act, and approves the Investment Policy as amended. A copy of the Investment Policy without appendices is attached. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: November 1, 2011 Lisa Aguil_ Assistant ity Attorney for the City Attorney 3:1LISAt2011 ResolutionlInvestment Policy.doc —156— Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES - TABLE OF CONTENTS Page I. INTRODUCTION 1 II. PURPOSE 1 III. . DEFINITIONS 2 IV. INVESTMENT OBJECTIVES 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY 5 VI. INVESTMENT STRATEGIES 10 VII. DESIGNATION OF RESPONSIBILITY 12 VIII. INTERNAL CONTROLS 13 IX. COMPETITIVE SOLICITATION 14 X. AUTHORIZED COUNTER- PARTIES 14 XI. COLLATERALIZATION 15 XII. SAFEKEEPING OF CITY SECURITIES 16 XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION 17 XIV. BANKING SERVICES 18 XV. ANNUAL POLICY ADOPTION 18 XV!. GENERAL PROVISIONS 18 APPENDICES A. PUBLIC FUNDS INVESTMENT ACT 1 -29 B. CITY'S CODE OF ETHICS ORDINANCE 1-8 C. RESOLUTION 1-2 D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES 1-2 INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An - aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law, Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. ii. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act (the "Act" attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) -160- In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized Broker /Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized firm in a Broker /Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives — Investment Officers and City officers authorized to execute transactions are designated in the attached and. incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Deputy Director of Financial Services and Director of Financial Services). Authorized Investment -- Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets, All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XL Custodian -- An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter -party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment Officer. The Director of Financial Services may designate the Deputy Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction — A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. Institution - Any firm, bank, bank holding company, broker /dealer or Public Funds Investment Pool that offers to sell /buy a financial transaction /security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor SEC -registered- irivestrndnt - advisor contracted by. -th -e' City to assist in the portfolio management process, reporting and treasury operations /controls. Investment Officers — Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative — As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) (C) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. ' Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non - profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job 3 -1B2- Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six -month average of Texpool, Lone Star, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re- invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity . needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio - 1-63= by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); 7. Texas Term Investment Pool; and 8. Securities Lending Program. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment -basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery, versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 902% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: 5 —164— a. Short -term U,S. Treasuries: Maximum Maturity 1.) U.S. Treasury Bills up to 365 days* 2.) U.S. Treasury Coupon Notes up to 3 years* 3.) U.S. Treasury Notes and Strips up to 3 years* ____ b. _.U.S.Agencies: _ .. __ ... Maximum Maturity 1.) Federal Home Loan Bank up to 2 years* 2.) Federal National Mortgage Association. up to 2 years* 3.) Federal Farm Credit up to 2 years* 4.) Federal Horne Loan Mortgage Corporation up to 2 years* 5.) Federal Agricultural Mortgage Corporation up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2, Repurchase Agreements up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50 %, the Public funds investment pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50°/x. The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at feast one nationally recognized rating service. -1 6 5- 6 than 90 days. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (0 the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an internet website, the information in a disclosure instrument or report must be posted on the website. 4. Collateralized Certificates of Deposit up to 1 year Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: a. Guaranteed or insured by the Federal Deposit .Insurance Corporation or its successor; or b. Secured at 102% by obligations defined by Section XI of this Policy. Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization- on a weekly basis. The Investment Officer shall monitor, on no Tess than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the [ENTITY] based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall immediately liquidate any brokered CD which is above the FDIC insurance level. 5. Money Market Mutual Fund up to 1 year A AAA -rated no -load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; 7 —166— d. the assets of the money market mutual fund are invested in those investments authorized under this investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment -Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool.. up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAAf by Standard and Poor's Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. 8. Securities Lending Program up to 1 year Securities lending program as defined by the Act qualifies as an authorized investment if the value of the securities loaned under the program is not Tess than 100 %. However, the City requires 102% collateral. A loan made under the program must allow for termination at any time. Collateral is required and pledged to the City, held in the City's name and deposited with a custodian approved by the City. A loan made under the program must be secured by pledged securities described by Section 2256.009(a), pledged irrevocable letters of credit issued by a bank that is organized and existing under the laws of the United States or any other state and continuously rated by at least one nationally recognized investment rating firm at not Tess than A or its equivalent or cash invested in accordance with Section 2256.009, 2256.013, 2256.014 or 2256.016. The terms of a loan made under the program must require that the securities being held as collateral be pledged to the investing entity, held in the investing entity's name and deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity. A loan made under the program ,must be placed through a primary government securities dealer or a financial institution doing business in Texas. An agreement to lend securities must have a term of one year or Tess. B. Weighted Average Maturity —1 67— 8 In order to assure adequate liquidity and to minimize risk of Toss to the Investment Portfolio due to interest rate fluctuations,. investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days, The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The "temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City's related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended (the "IRC "). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For all bond proceeds controlled by the tax - exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City's rebate liability at the end of each respective bond issue's five -year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. 3. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: -1 6 8- Maximum Choke Canyon Fund 4050 $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (1) such investments are specifically authorized for the investment of these monies by an ordinance adopted _ _ by the City_ Council. issuing _bonds or other debt obligations or (i.i) this Policy is amended to permit such investmen . C. Methods to Monitor Investment Market Price The City monitors the market price of investments obtained from i information from Texpool's securities pricing service or the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries /Agencies may be purchased for longer term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies 1. Operating and CIP Funds. Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short -to- intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1- 3 year maturity) to lock in higher interest rates when rates are projected to -169- decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short-to- intermediate -term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. C. Achieving Investment Yield Objectives The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted disbursements. b. Liquidity to provide for a and c. to pay upcoming anticipated measure of anticipated disbursements Laddering and diversification to manage market and credit risk. 2. Active investment provides for: —170— a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total refurn-diarih the holding perio . b. The ability to improve market sector diversification by .swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Deputy Director of Financial Services), City Attorney, Assistant Director of Financial Services /Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City's Investment Portfolio to the City Council. The investment Committee will review quarterly investment reports before submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker/dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter - parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 10 hours of training that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date in -each successive two y ar period. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and 12 —171— compliance with Texas laws. The Investment Committee approves investment — training seminars presented by the following organizations: Government Finance Officers Association overiimeh Finance OTfice�s Association of Texas - -' Government Treasurers Organization of Texas Association of Public Treasurer's of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the investment Officer desires to attend an investment- training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) to provide for the investment and management of City funds. The initial A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. Vill. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs., not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a Toss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The Investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the Loss of rating, conditions affecting the rating and possible Toss of principal with liquidation options available, within two weeks after the loss of the required rating. 13 -172- Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance either these policies and procedures shalt be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and • incorporate as Appendix D: - .._ .. . _. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City's Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions.. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized BrokerlDealer or directly through the issuer. Investment Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City's cash flow needs at the time. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER- PARTIES A. Broker /Dealers Any broker /dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. Policy Certification: —173— 14 Investments shall only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in #X.A.; 6. Other reasons as approved by the Investment Committee. XI. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits Collateral must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained 15 —174 -- in the City Treasurer's Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. C. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section X1.D above) established a third -party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. 16 -175- XIII. INFORMATION REPORTING /PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. individual Portfolio Composition d. Cash and Cash Equivalents, U,S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage 1. Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report — Lake Texana Project and Packery Channel Project Bond Funds by Issue m. Pools and Money Market Accounts Approved institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes Internal Reporting /Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions D. External Reporting /Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution's review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public. Funds Investment Pools must provide reports and disclosure statements as required by the Act. E. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal 17 —176— Records Manual or may be authorized by the City's local records., management guidelines. XIV. BANKING SERVICES All depository services are provided in the City's main depository agreement. 'Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. B. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. 18 -177- 20 AGENDA MEMORANDUM for the City Council Meeting December 13, 2011 DATE: December 13, 2011 TO: Ronald L. Olson, City Manager FROM: Constance P. Sanchez, Interim Director of Financial Services constancep @cctexas.com (361) 826 -3227 Ratification of the Debt Management Policy PURPOSE: Resolution reaffirming the Debt Management Policy for the City of Corpus Christi. BACKGROUND AND FINDINGS: In order to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City, the City Council approved Resolution 027526 on December 11, 2007, adopting a "Debt Management Policy". The Debt Management Policy applies to all Tong -term debt securities issued by the City for these purposes, as well as to the refinancing of existing debt. The Debt Management Policy aims to document the procedures that City staff currently performs in reference to the issuance of debt and addresses additional concepts that the City may consider in the future. The policy is reviewed annually. On December 14, 2010, the City Council approved the policy via Resolution 028902. Request is being made for reaffirmation of the policy as it currently reads. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ Encumbered /Expended amount of (date) - - - - This item - $ - $ - $ - BALANCE - $ - $ - $ - FUND(S): COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON - EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Legal Department. LIST OF SUPPORTING DOCUMENTS: City's Debt Management Policy cc: Lisa Aguilar, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Resolution affirming the Debt Management Policy for the City of Corpus Christi.. Whereas, the City of Corpus Christi Debt Management Policy was adopted in Resolution No. 027526 on December 11, 2007, approved in Resolution 028003 on December 16, 2008, approved in Resolution 028441 on December 15, 2009 and approved as amended in Resolution No. 028902 on December 14, 2010; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the Corpus Christi City Council has reviewed and affirms the Debt Management Policy for the City of Corpus Christi as was approved on December 14, 2010 in Resolution 028902. Section 2. This Resolution takes effect upon final passage by City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor Approved as to form: November 22, 2011 Lisa Aguiia (,Assistant City Attorney For the City Attorney J :ILISA12011 Resolution\Debt Management Policy 2011 Resolution.doc -183- Corpus Christi, Texas of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Eliz©ndo, Sr Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES DEBT MANAGEMENT POLICY December 13, 2011 DEBT MANAGEMENT POLICY Table of Contents Section Title Page 1. Purpose and Objectives 1 2. Scope 2 3. Roles and Responsibilities 2 4. Selection of Service Providers 3- 4 5. Use of Debt Instruments 6 6. Structure and Type of Debt 6 7. Debt Limits 11 8. Fund Balance Requirements 12 9. Methods of Sale 12 10. Refunding of Debt 15 11. Variable Rate Exposure 16 12. Interest Rate Swap Agreements 17 13. Continuing Disclosure i8 14. Investment of Debt Proceeds 18 18 22 24 24 15. Post Issuance Tax Compliance 16. Capital improvement Project 17. Public Input on Capital Improvement Needs 18. Definitions -86- Section 1 Debt Management Policy PURPOSE AND OBJECTIVES 1.1 Purpose The Director of Financial Services for the City of Corpus Christi, Texas (the "City") is charged by the City Manager with the responsibility for prudently and properly managing any and all debt incurred by the City. The following policy provides the methods, procedures, policies and practices which, when exercised, ensure the sound fiscal management of the City's debt program. All City offices and departments must comply with the guidelines and procedures set forth in this policy. The purpose of this policy is to provide guidance regarding the issuance, management, continuing evaluation and reporting on all debt obligations issued by the City. The Corpus Christi City Council recognizes that there are no absolute rules or easy formulas that can substitute for a thorough review of all information affecting the City's debt position. Debt decisions should be the result of deliberative consideration of all factors involved. This policy is intended to augment the deliberation process by addressing the methods, procedures, and practices to be utilized to ensure effective and judicious fiscal management of City funds. The terms of this Debt Management Policy (the "Policy") are intended to comply with all federal and state laws governing debt, including, but not limited to, Texas law, Internal Revenue Service rules and regulations, United. States Securities and Exchange Commission (SEC) regulations, Municipal Securities Rulemaking Board (MSRB) rules and regulations, and the existing City debt covenants and City of Corpus Christi home rule Charter ( "City Charter ") provisions. 1.2 Objectives Debt Management shall be conducted with the primary objectives of Maintaining or enhancing the City's existing credit rating for all categories of short and long -term debt, consistent with the financial policies and bond covenants approved by the City Council; 1 --187— * Complies with applicable bond covenants and federal tax laws to ensure continued tax exemptions or tax credits. • Maintaining access to capital; * Minimizing borrowing costs; and * Maximizing financial flexibility. Section 2 SCOPE 2.1 This Policy shall govern debt obligations issued by the City that finance the construction or acquisition of infrastructure and other assets or to refinance existing debt. The City may also desire to issue debt obligations on behalf of external agencies, non -profit corporations, or other authorities for the purpose of construction or acquisition of infrastructure or other assets that further the goals and objectives of City government. In that case, the City shall take reasonable steps to confirm the financial feasibility of the project and the financing solvency of any necessary borrower; and shall take all reasonable 'precautions to ensure the public purpose and financial viability of such transactions. 2.2 This Policy applies to all short-term and long -term debt securities issued by the City. This may include general obligation bonds, certificates of obligation, revenue bonds, commercial paper, long -term capital leases, certificates of participation, tax notes, tax anticipation notes, bank notes, equipment notes, private placements, letters of credit, and other similar credit or liquidity facilities or other debt instruments. Section 3 ROLES AND RESPONSIBILITIES 3.1 All debt programs will be made in accordance with applicable federal and state regulations, subject to applicable law. The City Council will approve the issuance of all City bond indebtedness. 3.2 The Director of Financial Services has the primary responsibility for making debt - financing recommendations to the City Council and has responsibility for the appropriate management of the City's debt program 3.3 The Director of Financial Services, or the designee thereof will coordinate all activities necessary to issue debt, including, but not limited to: • Selection of financial advisor and bond counsel; • Verifying compliance with City Charter; • Review of ordinances and resolutions prepared by bond counsel; ■ Review of all documents necessary to issue debt prepared by bond counsel; • Review of offering memoranda or other disclosure documents provided by financial advisors; and • Review of all related financial analyses. 3.4 The Director of Financial Services, or the designee thereof; will provide no less often than annually to the City Council: a. An annual debt issuance schedule for capital projects (included in the operating budget); b. An updated ten -year capital improvement plan (included in the capital budget); c. Certification that the City is current on all debt service payments; d. Disclosure of any payment defaults since the prior report was made to the City Council; and e. Disclosure of any other bond covenant violations or defaults since the prior report was made to the City Council of which the Director of Financial Services has actual knowledge. 3.5 The .Capital Budget Officer, or the designee thereof, will facilitate implementation and oversee the Capital Improvement Plan for City offices and departments pursuant to Section 16 of this Policy. 3.6 The Director of Financial Services, or the designee thereof will recommend to the City Council a financing team consisting of bond counsel, financial advisor, and underwriters, to the extent required for .each debt issue. 3.7 The Office of Management and Budget is responsible for reporting quarterly in its financial report a schedule that includes outstanding debt requirements as well as commercial paper activity and capital lease activity. These reports will include principal and interest requirements, dates for each, and related . interest rates. 3.8 The City Treasurer is responsible for assuring that all debt service payments are made in a timely manner to the appropriate paying agents for the obligations issued by the City. 3.9 The Office of the Director of Financial Services is responsible for preparing and submitting the annual continuing disclosure pursuant to SEC Rule 15c -12. 3.10 The City departments administering projects financed with debt funding are responsible for complying with Section 16 of this Policy. 3 —1-89— Section 4 SELECTION OF SERVICE PROVIDERS 4.1 Financial Advisors The Director of Financial Services provides recommendations for the selection of a financial advisor for the City's debt program. The financial advisor will have comprehensive municipal debt knowledge and experience and may perform the following duties including but not limited to: comprehensive analyses of debt refinancing, recommendations for alternative financial structures; development of timing and sale of new issues; recommending whether the sale of the new issues be through a competitive bid sale, negotiated sale, or private placement; coordinating the market pricing of debt securities; issuing and disseminating the bond offering document and other disclosure requirements; coordinating with the underwriters of the bond issuance if the bonds are sold through a negotiated sale; seeking and obtaining ratings from the three major bond rating agencies; and providing guidance and advice about debt - related topics, as needed. Due to the complex nature of the City's debt portfolio, it is important for the City to maintain continuity with a financial advisor who is familiar with the City's history in issuing bonds. The City reserves the right, however, to conduct a formal request for proposal or request for qualifications process to select . its financial advisor. 4.2 Bond Counsel The Director of Financial Services coordinates with the City Attorney, the Assistant City Manager for Administrative Services, and the City Manager on the selection of bond counsel for all debt issues. Bond counsel will have comprehensive municipal debt knowledge and experience. When the bond counsel has been selected, they are responsible for providing an opinion to investors in two specific areas. The bond counsel must opine to investors that the securities are valid and legally binding obligations of the City. Then, the bond counsel will opine on whether the interest on the bonds is exempt from federal taxation. The bond counsel also prepares all bond documents necessary to execute the bond issuance. The bond counsel is responsible for coordinating with the City Attorney's office, City Secretary's office, and Financial Services Department, as well as the City's financial advisor, to ensure that all tasks associated with the bond issuance are completed within prescribed timeframes. To the extent required by State law, bond counsel is responsible for coordinating with the Office of the Attorney General and the Office of the Comptroller of Public Accounts of the State of Texas matters relating to the approval of City obligations. The City values continuity in maintaining a relationship with bond counsel due to the complexity of issues and laws related in issuing municipal bonds. However, the City reserves the right to conduct a formal request for proposal or request for qualifications process to select its bond counsel 4.3 Paying Agent /Registrar 7190— a. General Obligation Bonds - The .City generally issues general obligation bonds for general purpose capital improvements when benefits accrue to the entire community. General obligation bonds are also used when the expectation of the project is that it will not generate . significant revenues to fund the project outright. The general obligation bonds are sold for a term no greater than the useful life of the project that is being funded through the issuance of the general obligation bonds. The City pledges its "full faith and credit" and levies an ad valorem tax to repay the debt, consistent with State law and the City Charter. In order to issue general obligation bonds, the eligible voters of the City must authorize the amount to be issued through a bond election held for such purpose. For future bond elections, the City will make every effort to include the related utility relocation costs in the bond election for street projects in order to minimize any utility rate increases that would be associated to the cost of such related utility relocations. In the event that the utility relocation costs are not included in the bond election for street projects, then the City will disclose, at the time of the bond election, the impact of such costs on future utility rates. b. Certificates of Obligation — Under State law, the City has the opportunity to issue certificates of obligation. Although voter approval is not required, additional notification and public hearing requirements may apply, to the extent so provided by applicable State law. Certificates of obligation may be secured by a combination of ad valorem taxes and revenues from a source that the City is authorized by State law to encumber for a public purpose, e.g., solid waste. Certificates of obligation are often issued to finance projects in cases where user fees charged for the use of the projects financed are pledged to repay the certificates of obligation. Examples include: Solid Waste, Marina, Hotel Occupancy Tax, etc. Certificates of obligation are available for governments when the improvements being sought are necessary for the health, safety and welfare of the government's citizens, in circumstances where cost overruns on a general obligation bond - financed capital improvement may have occurred, or where financial opportunities unexpectedly arise to leverage funds from other entities and reduce the City's capital cost for a community improvement. Also, certificates of obligation may be issued where the timing of the construction of a capital improvement and the expense of calling a bond election for a single proposition would, in the opinion of City staff and with the approval of the City Council, warrant the issuance of certificates of obligation to finance the capital improvement. c. Revenue Bonds-- - Revenue bonds are secured by a specific source of revenue. There is no ad valorem tax pledge. Revenue bonds are issued to pay for improvements that benefit the users that repay the debt through user fees. The City issues revenue bonds primarily for the City's Airport and Utility Systems. Typically, the City is required to fund a reserve fund that has on deposit an amount no less than the average annual debt service requirements on outstanding revenue bonds, as a contingency in the event revenues that are collected for services provided are not sufficient to satisfy debt service requirements. Another method to provide for such reserves is the use of a credit facility (such as a surety bond) in lieu of, cash or eligible investments in the amount of the average annual debt service requirements on the outstanding revenue bonds. The costs of both methods are evaluated prior to a revenue bond issue. The City fully complies with debt service and reserve funding requirements set forth in any and all bond covenants, When revenue bonds are issued or are outstanding, coverage requirements consistent with the bond covenant will be maintained, typically at a level no less than 1.25 times the average annual debt service requirements on the outstanding revenue bonds. The City maintains that it will collect rates and charges at all times that are necessary to produce gross revenues and other pledged revenue in each fiscal year equal to the greater of either: • Amounts sufficient to pay all current operating expenses plus amounts sufficient to produce net revenue for each fiscal year at least equal to 1.25 times the average annual principal and interest requirements on all revenue bonds outstanding; or • Amounts sufficient to pay the sum of all current operating expenses, the average annual principal and interest requirements on the outstanding priority bonds; required deposits to the reserve fund for revenue bonds, and amounts required to pay any other obligations reasonably anticipated to be paid from gross revenues during the fiscal year. One operating ratio that is utilized is for the days' operating coverage to generally be 90 days — meaning that maintaining revenue sufficient to cover 90 days of operating expenses is targeted. Although this ratio is not mandated by the City's bond covenants, it is one that is utilized by the City's management. The City may also issue bonds and .other obligations that are secured by revenues generated within a designated geographic area of the City, such as a tax increment reinvestment zone or a public improvement district. Covenants pertaining to the coverage requirements, reserve funds and other financial considerations will be developed, working with the City's financial advisor and bond counsel, to ensure that any obligations issued will be creditworthy and marketable. _.9 2_ d. State Revolving Loan Funds — The State of Texas administers various revolving loan funds, which are available to be loaned to Texas political subdivisions in accordance with the statutory authority granted to state agencies to fund loans, and the regulations of the state agency with respect to the specific loan program Two examples of such loan programs are the Texas Water Development Board water and wastewater loan programs, and the Texas Military Preparedness Commission loan program to assist defense communities in financing infrastructure improvements. The Director of Financial Services, working with the City's financial advisor, will explore financing opportunities under State loan programs to determine if financial or other benefits may help the City in pursuing Loans from such state agencies. e. Refunding Bond — The Director of Financial Services, working with the City's financial advisor, will consider refinancing outstanding debt issues, as more fully discussed in Section 10 of this Policy. £ Commercial Paper — The City has established a commercial paper program to provide interim (short- term) financing authority to fund improvements to the City's Utility System. The commercial paper notes are structured as bond anticipation notes, and as a condition to the issuance of the commercial paper notes, the City must provide sufficient liquidity to enable commercial paper noteholders to be paid upon the maturity of the commercial paper notes. The Director of Financial Services, working with the City's financial advisor, will monitor the commercial paper market to ensure that the City is obtaining the lowest possible interest rates on its outstanding commercial paper notes, as well as to determine, based on the needs of the City and the then existing public debt market conditions, the timing of refunding the commercial paper notes with long term fixed rate revenue bonds. Tax Anticipation Notes / Tax Notes — Chapter 1431, Title 9 of the Government Code defines and addresses the issuance of anticipation notes by municipalities, counties, eligible school districts, or eligible countywide districts. State law authorizes two different types of borrowings under this chapter: short-term anticipation notes and long -term anticipation notes (frequently referred to as "tax notes "). (1) Short-term Anticipation Notes — State law permits the City to issue short term notes in anticipation of ad valorem tax collections. The. City will prepare-budgets to ensure that there will be no need to issue tax anticipation notes to fund the budget. However, should emergency situations arise, the Director of Financial Services, working with the City's financial advisor, will advise the City Council on the necessity of City Council approving the issuance of tax anticipation notes. 9 —193— State law authorizes tax anticipation notes to have a maximum term of one year. (2) . Long -term Tax Notes - State law also permits the City to issue long term notes to pay for the construction of a public work; the purchase of materials, supplies, equipment, machinery, buildings, land, and rights-of-way for the City's authorized needs and purposes; and to pay for professional services, including a service by an engineer, architect, attorney, mapmaker, auditor, financial advisor, or fiscal agent. State law authorizes these tax notes to have a maximum term of seven years. , Capital Lease Financing and Equipment Notes — The Director of Financial Services, working with the City's financial advisor, will review the equipment needs of City departments and determine financing options for acquiring or leasing equipment, either through presenting to the City Council for approval of lease or lease- purchase agreements with vendors to acquire equipment, or seeking the approval from the City Council to authorize the issuance and sale of notes or other short term obligations to borrow funds to acquire equipment. i• Any other debt instrument authorized for issuance by the City in accordance with the Texas Government Code or other applicable law. 6.4 Individual revenue streams considered for proposed debt service of revenue bonds should meet a minimum debt service coverage ratio test of 1.25 times average annual debt service, along with any appropriate reserve or contingency funds. Debt coverage is defined as total revenue divided by total debt service. 6.5 Fixed Interest versus Variable Interest The City primarily issues fixed rate bonds to protect the City against interest rate risk. The City has the option to issue variable rate bonds and may, if market conditions warrant, consider such a structure. Commercial paper notes, due to their short term maturities (270 days or less), are treated as variable rate obligations. 6.6 Conduit Securities The City has created, and may create, nonprofit corporations as authorized by State statutes that act as a conduit for tax - exempt financing. Those corporations include but are not restricted to: (1) Corpus Christi Housing Finance Corporation, (2) Corpus Christi Industrial Development Corporation, and (3) the Coastal Bend Health Facilities Development Corporation. 21 94 -- These entities issue bonds for the benefit of unrelated commercial entities, and the City assumes no liability for the timely payment of debt issued by these entities. These bonds are not liabilities of the City or the respective corporations and are solely payable from revenues of the various commercial entities. In addition, the City has created nonprofit corporations to assist the City in financing various public infrastructure improvements, such as the North Padre Island Development Corporation and the Corpus Christi Business and Job Development Corporation. Public funds, such as voter - approved sales taxes and tax increment revenues, may be made available to these corporations by contract with the City, in fiallment of the public purposes for which these corporations were created. 6.7 Structure Bonds are generally issued with an average life of 20 years or less for general obligation bonds and revenue bonds but may be greater for some projects such as landfills and major utility facilities whose lives are greater than 20 years. Typically, interest is paid in the first fiscal year after a bond sale, and principal is paid no later than the second fiscal year after the debt is issued. Call provisions for bond issues shall be made as short as possible consistent with the lowest interest cost to the City. The targeted maximum length to call is 10 years. However, the City may opt for a call date longer than 10 years in order to achieve the necessary goals of the particular issue. Section 7 DEBT LIMITS 7.1 The City will maintain its outstanding debt within the limits prescribed by State statute and the City Charter. As permitted by the Constitution of the State of Texas, home rule cities of over 5,000 population shall have a total tax allowable of $2.50 and shall have a bond allowable of $1.50 per $100 valuation (unless City Charter provides less). For purposes of issuing bonds, the State aliowables are computed based on 90% collections. On April 3, 1993,. the citizens of Corpus Christi voted to amend the City Charter which contained a tax limitation of $0.68 per $100 of assessed valuation for all purposes including debt service to allow for the tax rate to increase up to the State limit for voter approved debt after April 4, 1993. The City evaluates new debt issuance as it relates to the current debt level. The amount of debt retired each year is compared to the amount of debt to be issued any given year, and an analysis is performed to determine the City's ability to assume and support additional debt service payments. When appropriate, the issuance - of self- supporting revenue bonds and self - supporting certificates of obligation bonds are also considered. 7.2 The City may choose to issue short-term debt (maturities one -year or less) that pay a fixed rate of interest or that pay a rate of interest that varies, both consistent with Federal and State Iaws and applicable bond covenants ofpre- existing bonds. 7.2.1 The City will issue short-term securities for the purposes of providing: 7.2.1.1 interim financing for long -term capital projects; 7.2.1.2 financing of short-term assets at or near their useful life; 7.2.1.3 interim cash flow /working capital needs as they arise; or 7.2.1.4 a reduction of the overall interest cost of debt financings of the City. 7.3 The City shall use economic ratios as a tool to assist in providing an objective analytical approach to determine debt capacity for new projects. These ratios may include: a. Debt per capita; b. Debt as a percent of statutory debt limit; c. Debt as a percent of appraised valuation; d. Debt service payments as a percent of governmental expenditures; or e. Level of overlapping net debt of all local taxing jurisdictions. An. objective, analytical approach is used to make the determination of whether debt is issued. The process compares generally accepted standards of affordability to the current values for the City. The City strives to meet and achieve these standards. Section 8 FUND BALANCE REQUIREMENT 8.1 The City will strive to maintain a debt service fund balance for general obligation bonds and certificates of obligation of at least 2 percent of the annual debt service requirement for the fiscal year; provided, however, that this requirement shall comply with the provisions of Treasury Regulation 1.148 -2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 9 METHODS OF SALE 9.1 The City may use competitive sales, negotiated sales, or private placements. When considering the method of sale, the City will take into consideration: a. Financial conditions; b. Market conditions; c. Transaction - specific conditions; d. City- related conditions; and e. Risks associated with each method. 9.2 Competitive sales are the preferred method under the following circumstances: a. A general obligation pledge or annual appropriation of general revenue; b. Simple structure and financial analysis; c. Stable financial market; and d. Moderate par amount. 9.2.1 A competitive sale is when bonds are awarded in a sealed bid sale to an underwriter or syndicate of underwriters that provides the lowest True Interest Cost (TIC) bid. TIC is defined as the rate, which will discount the aggregate amount of debt service payable over the life of the bond issue to its present value on the date of delivery. In today's market, bids primarily are submitted electronically through a secure website. 9.2.2 Competitive Sale Bidding Parameters: 9.2.2.1 Bid Verifications - The City awards successful bidders on the basis of the lowest TIC. 9.2.2.2 Good Faith Deposits - Bidders collectively choose a bank to be the good faith bank in providing a good faith deposit. The bidders keep funds on deposit to cover the good faith check if necessary. The Financial. Advisor collects a cashier's check in advance for 2% of the issue if the issue is competitive or for I% of the issue if the issue is negotiated. Bidders not covered by the good faith bank must provide a good faith check at the time they submit their bid. When the issue closes, the good faith check is returned, usually through overnight mail. 9.2.2.3 Allowable Discounts /Premiums - In most cases, the City requires bidders to purchase bonds at a price of no less than par. When there are no prevailing limitations, a discount /premium may be permitted when market conditions indicate a discount/premium will be rewarded by a more competitive bid and when there is flexibility to increase /decrease the par amount of the issue. If there is considerable market activity on the date of the proposed sale or other market - related factor to necessitate improving the marketability of the issue, discounts /premiums may be permitted. Bidders are notified in advance of the allowance for discounts /premiums. 9.2.2.4 Term Bonds - Bidders may form term bonds based on the length of the :;maturity schedule:. In a 20 -year maturity, they may form anywhere between three to five term bonds. The resulting term bond structure must completely mirror the serial bond structure. 9.3 Negotiated sales are the preferred method under the following circumstances: a. Complex transactions that require extensive financial modeling, credit analysis, pre - marketing efforts, or that are interest rate sensitive; and b. Volatile financial markets. 9.3.1 A negotiated sale is when the City chooses an underwriter or underwriting syndicate that is interested in reoffering a particular series of bonds to investors. The terms of the sale including the size of the underwriter's discount, date of sale, and other factors are negotiated between the two parties. Although the method of sale is termed negotiated, individual components of the sale may be competitively bid. The components are subject to a market analysis and reviewed prior to recommendation by staff. Negotiated sales are more advantageous when there needs to be some flexibility in the sale date or when less conventional bond structures are being sold. Negotiated sales are also often used when the issue is particularly large or if the sale of the debt issuance would be perceived to be more successful with pre - marketing efforts. 9.3.2 Negotiated Sale - Allocation and Designation Policies: 9.3.2,1 The City uses designation rules that reward performance. The most common order type used by the City is the Member Designated Order. This type of order permits the institution placing the order to designate which syndicate members receive credit for its order. Typically the City requires that each institution must designate at least three syndicate members, and no one firm may receive more than 50% credit. 9.3.2.2 Retention - At least two days prior to pricing, the senior managing underwriter will award a block of bonds to each co- manager in the syndicate. Each co- manager is responsible for buying these bonds even if they do not obtain orders for them. If another member of the syndicate has more orders than they can fill, the member may fill orders for syndicate members that have not obtained sufficient orders. 9.3.2.3 Management Fee - The management fee to compensate the underwriters for providing assistance in structuring of the transaction, review of documents, coordination of the working group, efforts to obtain credit enhancement, and other tasks. The management fee is typically allocated in the same allocation as the retention allocation. 9.4 Private placement is the preferred method under the following circumstances: a. Small issue size; b. Questionable security for the issue; and c. Overall cost savings to the City. - 8- A private placement is a sale of debt securities to a limited number of sophisticated investors. The City may engage a placement agent to identify likely investors. A private placement is beneficial when the issue size is small or when the security of the bonds is weak since the private placement permits issuers to sell more risky securities at a higher yield to investors that are familiar with the credit risk. 9.5 The City considers the following criteria when determining the appropriate method of sale for any debt issuance: a. Complexity of the Issue -- Municipal securities with complex security features require greater marketing and buyer education efforts on the part of the underwriter, to improve the investors' willingness to purchase. b. Volatility of Bond Yields - If municipal markets are subject to abrupt changes in interest rates, there may be a need to have some flexibility in the timing of the sale to take advantage of positive market changes or to delay a sale in the face of negative market changes. c. Familiarity of Underwriters with the City's Credit Quality - If underwriters are familiar with the City's credit quality, a lower TIC may be achieved. Awareness of the credit quality of the City has a direct impact on the TIC an underwriter will bid on an issue. Therefore, where additional information in the form of presale marketing benefits the interest rate, a negotiated sale may be recommended. The City strives to maintain an excellent bond rating. As a result, the Municipal Bond Market is generally familiar with the City's credit quality. d. Size of the Issue - The City may choose to offer sizable issues as negotiated so that pre - marketing and buyer education efforts may be done to more effectively promote the bond sale. Section 10 REFUNDING OF DEBT 10.1 The City may elect to refund existing debt for reasons including, but not limited to, the following: a. To achieve Net Present Value (NPV) savings; b. To update bond covenants on outstanding debt that impair efficient operations or prohibit necessary or desirable activities; - c. To restructure the debt service schedules associated with outstanding bond issues; or d. To alter bond characteristics such as call provisions or payment dates. -1199- 10.2 If a refunding is undertaken, the City will evaluate: a. Issuance costs that will be incurred; b. Interest rate at which the refunding bonds can be issued; c. Maturity dates of the refunded bonds; d. Call date (if any) on the refunded bonds; e. Call premium (if any) on the refunded bonds; and f Whether to issue the refunding bonds for a period beyond the original maturity date. 10.3 Types of Refunding Current refundings occur when outstanding debt is called for redemption within 90 days. Most City's debt has a ten -year call date built into its structure. When debt reaches the call date, refunding bonds may be issued to pay off the old debt. Advance refundings are refundings where the debt is not called for redemption within 90 days. In an advance refunding, the proceeds to defease the debt at its call date are placed in escrow until the call date. The City's practice is generally to invest escrow in federal securities known as State and Local Government fixed rate securities. The amount to be deposited into the escrow is calculated by identifying the amount necessary to deposit, which will earn a fixed rate of interest, to accumulate to the amount necessary to be available upon the call. This practice prevents exposure to the practice of `yield burning" since there are no excess earnings under this structure. The Tax Reform Act of 1986 limits each issue to one advance refunding for all issues issued after 1986. When the interest rate savings is the principal reason for advance refunding an issue, the City will include issues that can contribute to at least a 2.5% present value savings. Other factors may also affect the City's decision to advance refund an issue. Section. 11 VARIABLE RATE EXPOSURE 11.1 The City may use variable rate debt (including commercial paper) to lower the cost of borrowing and provide a hedge against interest rate risk. 11.2 The City's target is not to exceed 30 percent of its total outstanding debt in a variable rate mode. 11.3 Variable rate debt should be converted to fixed rate debt as necessary to maintain the 30 percent target, to meet the particular needs of a financing program, or to lock in low long term fixed interest rates. — ]o- 11.4 When issuing variable rate debt, the City will have appropriate contingency plans in place, such as reserves or hedging instruments, to mitigate the risk associated with rising interest rate environments. Section 12 INTEREST RATE SWAP AGREEMENTS 12.1 The City may consider the use of interest rate swap agreements on a case -by -base basis and consistent with Texas law and financial prudence. 12.2 Interest rate swap agreements may be used for the following purposes: a. To achieve significant savings as compared to other, non - derivative type products available in the bond market; b. To prudently hedge risk in the context of a particular financing or the overall asset/liability management of the City c. To incur variable rate exposure within prudent financial guidelines; d. To achieve more flexibility in meeting overall financial objectives than available in conventional markets; or e. To accomplish a financial objective not otherwise obtainable using traditional financing methods. 12.3 The City will not enter into an interest rate swap agreement without advice of an independent advisor and bond counsel. 12.4 The City may enter into an interest rate swap agreement if the counterparty has at least two long -term unsecured credit ratings of at least equal to the City's long term general obligation rating from Fitch Ratings, Moody's Investors Service. Inc. or Standard & Poor's Ratings Services, and the party has demonstrated experience in successfully executing interest rate swap agreements. 12.5 The City will select counterparties utilizing one of the Methods of Sale as outlined in Section 9 of this Policy. 12.6 Before entering into an interest rate swap agreement, the City shall evaluate all the risks inherent in the transaction including counterparty risk, termination risk, rollover risk, basis risk, tax event risk, credit risk and amortization risk. Evaluation of risk will also include the following considerations: a. Uncertainty with respect to the City's future debt obligations; b. Effect on the City's credit quality; c. Cumulative exposure to all risk factors identified; d. Difficulty and costs associated with terminations; and e. Limitations on the ability to refund the swap's underlying bonds. 17 - -201 -� 12.7 The City will monitor interest rate swap agreements no less often than on a quarterly basis to ensure compliance with corresponding swap documentation. Section 13 CONTINUING DISCLOSURE 13.1 The City will periodically review the requirements of the Municipal Securities Rulemaking Board (MSRB) and the recommendations of the Government Finance Officers Association (GFOA), including the GFOA recommendation that financial statements be prepared and presented according to generally accepted accounting principles. 13.2 The City will remain in compliance with SEC Rule 15c2 -12 by filing its annual fnancial statements and other financial and operating data for the benefit of its bondholders within six months after the end of each fiscal year. Section 14 INVESTMENT OF DEBT PROCEEDS 14.1 Debt proceeds will be invested in accordance with the City's Investment Policy or as otherwise permitted in the ordinance or resolution authorizing the issuance of the debt. 14.2 Interest earned is allocated to each fund monthly based on the average balance of funds available during the month. Interest earned on proceeds from bonds, certificates of obligation, commercial paper or other short -term or long -term debt proceeds is allocated to the respective capital projects funds. 14.3 The City maintains in its Investment Policy document approved by the City Council the strategy and policies for investing all available monies (which included bond proceeds). Interest on bond proceeds is restricted such that it may only be used to fund projects that have the same purpose as the purpose for which the bonds were originally issued. Construction proceeds are typically invested in short-term securities so that they are more liquid. Section 15 TAX COMPLIANCE 15.1 In General This section contains policies and guidelines (the "Policies and Guidelines ") of the City regarding compliance with certain federal tax requirements applicable to the City's bonds and other obligations the interest on which is excluded from gross income for federal income tax purposes ( "Tax - Exempt Bonds ") and certain Build America Bonds ( "BABs ") that entitle the City to receive a federal tax credit payment. These Policies and Guidelines relate to requirements that must be met subsequent to the issuance of Tax- Exempt Bonds and BABs in order to maintain that exclusion or receive a federal tax credit payment including, without limitation, requirements relating to use of proceeds, arbitrage, private business use and record retention. These Policies and Guidelines supersede any post - issuance compliance policy previously adopted by the City but do. not supersede, limit or contravene any representations, statements or covenants of the City contained in the bond documents, include the bond ordinance, any resolutions, Certificate as to Tax Exemption, Tax Covenant and Representation Agreement or similar tax certificate, Issue Price Certificate and tax opinions and memoranda related to the issuance of bonds (the "Bond Documents ") for its Tax - Exempt Bonds or BABs. 15.2 Policy It is the policy of the City to adhere to all applicable tax requirements with respect to its Tax - Exempt Bonds and BABs as set forth in the Bond Documents including, but not limited to, requirements relating to the use of proceeds of Tax - Exempt Bonds and BABs and facilities financed and refinanced with Tax- Exempt Bonds and BABs (the `Bond - Financed Facilities "), arbitrage yield restrictions and rebate, timely return filings, and other general tax requirements set forth in the Bond Documents. 15.3 Compliance Monitoring Consistent with the covenants of the City contained in the Bond. Documents, the City will monitor compliance with the federal tax requirements applicable to its Tax- Exempt Bonds and BABs. The Assistant City Manager of Administrative Services, the Director of Financial Services or designees are responsible for monitoring compliance with those requirements, with assistance from Bond and Tax Counsel and the City's financial advisor. 15.4 Issue Price In connection with establishing the Issue Price for Tax Exempt Bonds and BABs, some or all following actions should be taken to the extent permitted by the parties to the financing: 15.4.1 Obtain executed Issue Price Certificate from senior managing underwriter or other representative of underwriting group in form approved by Bond Counsel. 15.4.2. Financial advisors of the City and appropriate City officers monitor pricing of Tax Exempt Bonds. and BABs. 15.43 For initial sales of BABs, obtain quantity sold, purchaser and price paid. 15.4.4 Either obtain from underwriters or monitor on Electronic Municipal Market Access C "EMMA" sales of City BABs, from pricing date to closing date and have City's financial advisor advise as to any anomalies. 15.5 Record Retention In accordance with Internal Revenue Service ( "IRS ") requirements, the City will retain the following records with respect to its Tax - Exempt Bonds and BABs: 15.5.1 Bond transcripts; 15.5.2 Records regarding Issue Price description in Section 15.4; 15.5.3 Documentation showing the expenditure of proceeds of the Tax - Exempt Bonds and BABs for one or more Bond - Financed Facility; 15.5.4 Documentation showing the use of the Bond - Financed Facilities; 15.5.5 Documentation showing the sources of payment and security for the Tax- Exempt Bonds and BABs; 15.5.6 Documentation related to the investment of proceeds of the Tax- Exempt Bonds and BABs, including the purchase and sale of securities, investment income received, yield calculations, and rebate calculations; 15.5.7 All returns filed with the IRS for the Tax - Exempt Bonds (including, as applicable, IRS Forms 8038 -G Information Return for Tax - Exempt ,Governmental Obligations, 8038-T Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, and 8038 -R Request for Recovery of Overpayments under Arbitrage Rebate Provisions) and for BABs (including IRS Forms 8038 -B, Information Return for Build America Bonds and Recovery Zone Economic Development Bonds); and 15.5.8 Any other documentation that is material to the exclusion of interest on the Tax - Exempt Bonds from gross income for federal income tax purposes or entitlement to federal tax credit payments for the BABs. 15.5.9 Form 8038 -CP: Return for Credit Payments to Issuers of Qualified Bonds, the following: 1. Set up tickler or calendar notification system to insure timely filing; 2. File Form 803 8 -CP within 45 -day filing window; and 3, Maintain sufficient records to show that those returns are correct. 15.5.10 Except as otherwise set forth in the Bond Documents, the City will retain the records described above in hard and/or electronic copy format for so long as the -b4- applicable Tax - Exempt Bonds and BABs remain outstanding and for a period of three years after final redemption of the applicable Tax - Exempt Bonds and BABs. With respect to Tax - Exempt Bonds that are refunding bonds, the City will retain the above - described records for the refunding and refunded bonds (and any earlier issue in the case ofa series ofrefundings). The Director of Financial Services. or designee is responsible for retaining the records relating to the City's Tax-Exempt Bonds and BABs. 15.6 Arbitrage 15.6.1 The City will follow a policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 15.6.2 The City will follow a Policy of full compliance with all arbitrage rebate requirements of the Internal Revenue Code of 1986, as amended and its adopted rules and regulations, and will perform (via contract consultant) arbitrage calculations for each debt issue subject to rebate on an annual basis. All necessary rebate liabilities will be filed and paid when due. 15.6.3 Arbitrage Calculations and Rebate On fixed -yield issues, the calculation of rebate must be performed no later than each five - year anniversary date of the issuance of the bonds and at final maturity. The City currently outsources those calculations on an annual basis. Where bond interest earnings exceed the arbitrage yield, the City rebates those excess earnings to the Internal Revenue Service. The City keeps detailed records of investments and construction expenditures to provide to the consultant to make the arbitrage calculation. The City plans projects carefully in order to determine the-applicability of rebate exceptions. 15.6.4 Exceptions to Rebate Calculations Six-month Exception — Where 95% of the proceeds will be spent within six months and the other 5% will be spent within twelve months. Eighteen -month Exception Available for any type of capital proceeds and includes the following spending schedule: 15% in six months, 60% in twelve months, and 100% in eighteen months (with a de minimus holdback). An 'issue does not fail to satisfy the spending requirement for the third spending period as a result ofa reasonable retainage if the reasonable retainage is allocated to expenditures within 30 months of the issue date. Twenty -four month Exception Only available to a construction issue having the following expenditure goals: 10% in six months, 45% in twelve months, 75% in eighteen months, and 100% in twenty -four months (with a de minimus hold back). An issue does not fail to satisfy the spending requirement for the fourth spending period as a result of Unspent amounts for reasonable retainage if the reasonable retainage is allocated to expenditures within 3 years of the issue date. 15.7 Remedial Action If the City in complying with the terms and provisions the policies or guidelines set forth herein or determines that the requirements of these policies and guidelines or the tax covenants or representations in the Bond Documents may have been violated, the City will make final determinations, if necessary with the assistance of its Bond and Tax counsel and Financial Advisors, and take appropriate actions related to such noncompliance including, if appropriate, any remedial action described under applicable Treasury Regulations or through the Tax Exempt Bonds Voluntary Closing Agreement Program. 15.8 Coordination With Bond Documents In the event of any conflict between these Procedures and Guidelines and the Bond Documents, the Bond Documents shah govern. Section 16 CAPITAL IMPROVEMENT PROGRAM 16.1 In order to ensure sufficient cash flow is available to meet capital improvement project cash requirements, an annual debt issuance schedule is required. The Capital Improvement Planning Guide (the "Guide ") will provide the basis for the annual debt issuance schedule. It is imperative that the City's contemplated capital improvement programs and all prospective letting of construction contracts comply with this Policy. 16.2 The underlying asset that is being financed must be of a non - recurring nature and must should have as long a useful life as the maturity schedule of the debt issued for the financing of the asset. Since issuing debt costs more to the entity than purchasing assets outright, the use of financing will be carefully evaluated to ensure that the benefits, tangible and/or intangible derived from financing exceed the related financing costs. 16.3 Capital improvements projects that qualify for debt - service financing are defined as costs to acquire a new capital asset or improvements to an existing asset that increase capacity, improve functionality or extend the useful life of the asset beyond its original useful life. 16.4 On -going Capital Needs - 16.4.1 Capital projects are generally defined as costs to construct an asset or system improvement that exceed $5,000 and have a useful life of at Least the term of financing but no less than one year. 16.4.2 The City Council's goals and policies focus on infrastructure improvements. The City strives to maintain capital assets and infrastructure at a sufficient level to protect the City's investment to minimize replacement and maintenance costs, and to maintain service levels. 16.4.3 An annual review of the (1) need for capital improvements and equipment, (2) current status of the City's infrastructure, (3) replacement and renovation needs, and (4) potential new projects, is implemented during the capital budget process. All projects, ongoing and proposed, are prioritized by City staff which includes a representative from Financial Services, the Office of Management and Budget, Engineering Services, and each department which has or may have capital improvement project requests. For every capital project, all operating and maintenance costs /estimated incremental revenues would be included in the proposal, as well as a start date, requested total budget, the capital amount expected to be expended each year, and proposed sources of funding. City staff would then match eligible requests with available sources of funding. For those capital projects .identified that will require ongoing maintenance costs once the projects are completed, no maintenance costs will be financed with revenue bonds. 16.4.4 Decisions are made on prioritization of proposed projects using the following criteria that must be documented in the Guide: o Public health and safety o Regulatory requirement (agreed orders both Federal and State), o . Voter- approved bonds, o Completion of existing projects already approved by the City Council, a Operational/life cycle cost drivers; and o New projects recommended by the committee noted above. 16.4.5 Capital improvements may be funded using current revenues (property tax, dedicated tax, enterprise user fees, etc.), grant funds, contributions (such as developer contributions) and the issuance of debt. City staff will make every effort to utilize the Pay -As- You -Go method of funding capital improvements. 16.4.6 Upon completion of the Guide, City staff will present it to the Planning Commission as per City Charter, Article V. Planning, Section 4: The Comprehensive Plan, and then to the City Council for approval by ordinance. Once approved, the list of projects and a total dollar amount of capital improvement projects would then be identified, and any additions to the Guide for that particular year would warrant a change to the ordinance to either identify additional funding fora particular project or to identify the reduction of one project in order to fund the additional project or change order to an existing project. Section 17 PUBLIC INPUT ON CAPITAL IMPROVEMENT NEEDS 17.1 Citizen Input- 17.1.1 Citizen Input Form — In order to obtain input from the citizens on projects to be included in a bond election, a "Citizen Input Form" is made available on the City's website at http: / /www.cctexas.com. The form provides a place for citizens to list in priority the projects they feel should be considered in the next bond election. It also provides a place for the reasoning in choosing those particular projects. The results of the citizen input forms would then be compiled and presented to the City Council so that a slate of projects could be prepared for the bond election. 17.1.2 Town Hall Meetings — City Council members also hold Town Hall meetings in their respective districts to obtain input from citizens on the projects they would like considered for a bond election. All the suggestions from the Town Hall meetings would then be compiled and presented to the City Council for discussion to be included on the slate of projects for the bond election. 17.2 Citizen Advisory Committee - At the discretion of the City Council, a Citizen Advisory Committee may be formed to initiate the development of a multi -year financing and management tool that identifies public facility and equipment requirements, places these requirements in order of priority, and schedules them for funding and implementation. Section 18 DEFINITIONS 18.1 Definitions: a. Amortization Risk — The cost to the issuer of servicing debt or honoring swap payments due to mismatch between bonds and the notional amount of the swap outstanding. b. Arbitrage — The investment of proceeds from tax - exempt debt in taxable securities to benefit from the differential in yields. c. Basis Risk — The mismatch between actual variable rate debt service and variable rate indices used to determine swap payments. q. revenues of the issuer is usually eliminated. Both the borrower's debt and the offsetting cash or bonds are removed from the balance sheet. Derivative Security — A financial security, such as an option or future, whose value is derived in part from the value and characteristics of another security, the underlying asset. r. General Obligation —Bonds backed by the annual levy of an ad valorem tax as necessary, within the limits prescribed by law (if any), to pay off the bonds. s. Hedge — A transaction that reduces the risk of an investment. t. Interest Rate Management Agreement — An agreement entered into in connection with the issuance of debt by an issuer or in connection with debt already outstanding, with a counterparty to provide for an exchange of payments based upon fixed and /or variable interest rates. u. Interest Rate Risk — The chance that a security's value will change due to a change in interest rates. For example, a bond's price drops as interest rates rise. v. Interest Rate Swap Agreement — A binding agreement between counterparties to exchange periodic interest payments on some predetermined dollar principal, which is called the notional principal amount. For example, one party will pay fixed and receive variable. w. Issuance Costs — The expenses associated with the sale of new securities, including such items as underwriter's spread, printing, legal fees and rating costs. x. Liquidity Risk — The risk that arises from the difficulty of selling an asset in a timely mariner. y. Negotiated Sales — A sale whereby the issuer selects an underwriter in advance so that . the underwriter can assist with determining the appropriate structure of the bonds. z. Notional Principal Amount — In an interest rate swap, the predetermined dollar principal on which the exchanged interest payments are based aa. Private Placement — A sale whereby the issuer sells the bonds directly to an institutional investor. bb. Reasonable •Retainage — An amount, not to exceed five percent of available construction proceeds, that is retained for reasonable business purposes relating to the property financed with the proceeds of the issue. For example, a reasonable retainage may include a retention to ensure or promote compliance with a construction contract --209- in circumstances in which the retained amount is not yet payable, or in which the issuer reasonably determines that a dispute exists regarding completion or payment. cc. Refunding Bonds — A bond issued to retire a bond already outstanding that may be sold for cash and outstanding bonds redeemed with cash or exchanged with holders of outstanding bonds. dd. Rollover Risk — The risk that results when a swap contract does not have the same terms with the unrelated bonds (ie. the mismatch of the maturity of a swap and the maturity of the underlying bonds). ee. Syndicate - A group of banks that acts jointly, on a temporary basis, to loan money in a bank credit (syndicated credit) or to underwrite a new issue of bonds. ff Tax Anticipation Notes. — Short-term notes issued in anticipation of collections of taxes or as otherwise provided by State law. gg. Tax Event. Risk — The risk that the spread between taxable and tax - exempt rates will change as a result of the changes in income tax laws or other conditions. hh. Termination Risk — The need to terminate a transaction in a market that dictates a termination payment by the issuer. ii. Variable Rate Debt — Bonds with interest rates that fluctuate based upon an index or pricing procedure. These bonds often offer lower interest rates and have short maturities. hh. Yield Burning — A municipal bond financing method. Underwriters in advance refundings add large markups on U.S. Treasury bonds bought and held in escrow to compensate investors while waiting for repayment of old bonds after issuance of the new bonds. Since bond prices and yields move in opposite directions, when the bonds are marked up, they "burn down" the yield, which may violate federal tax rules and diminishes tax revenues. -P o- 21 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/8/2011 TO: Ronald L. Olson, City Manager FROM: CAPTION: Stephen Draper, Director, Development Services StephenD@cctexas.com (361) 826 -3246 Deferment Agreement with Baker Hughes Oilfield Operations, Inc. in the amount of $367,153.93 for public improvements related to Deaton Baker Subdivision, Block 1, Lot 1. Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater, and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. BACKGROUND AND FINDINGS: Baker Hughes Oilfield Operations, Inc. is requesting to defer the construction of public improvements as required for the development and platting of the Deaton Baker Subdivision, Block 1, Lot 1 (Exhibit B). The Developer's project schedule requires the concurrent construction of vertical and infrastructure improvements. This will require recordation of the Subdivision Plat prior to construction of the required infrastructure (deferred improvements). The deferred public improvements, Exhibit C, include the construction of water, wastewater, and storm water public improvements. Construction plans for the public improvements were submitted to Development Services on September 29, 2011 and are in the final stages of approval. On December 7, 2011, the Planning Commission reviewed and recommended approval of the Deferment Agreement and found reasonable cause to delay the required public improvements to expedite the recordation of the plat by the Developer's time schedule. The Developer agreed to provide a Performance Bond in the amount of $367,153.93 in the form of an acceptable financial document. This amount is 110% of the estimated cost of constructing the required improvements, Exhibit D, in compliance with the Unified Development Code, Section 8.1.10.B. A Deferment Agreement, Exhibit E, between the City of Corpus Christi and Baker Hughes Oilfield Operations, Inc. allows the Developer to defer the construction of the required improvements for a period of up to one (1) year from the date the deferment agreement is signed and approved. The deferment of improvements will allow the Developer to expedite the recording of the plat and obtain building permits to develop Deaton Baker Subdivision, Block 1, Lot 1. —213— ALTERNATIVES: Denial of the proposed Deferment Agreement OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The agreement complies with the Unified Development Code. EMERGENCY 1 NON-EMERGENCY: Non - emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIF only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount , This item BALANCE Comments: Developer must post a Performance Bond with the C'ty in the amount 110% of the cost of the public improvements and comply with all other requirements of the Deferment Agreement. Developer must also construct the water line, wastewater line, and storm water line within the next one (1) year or Tess, as determined by City Council. RECOMMENDATION: On December 7, 2011 the Planning Commission and staff recommended approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Exhibit A - Location Map Exhibit B — Final Plat, Deaton Baker, Block 1, Lot 1 Exhibit C - Public Improvements Plan Exhibit D - Cost Estimate Exhibit E - Deferment Agreement Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager C:IDocuments and SettingslltebeccaH.CCPD11Local Settings\Temporary Internet Files \Content.Outlook1241A]PF31Baker Hughes Agenda Memo FINAL w PC recommendation.docx -- 2 1 4— SUBJECT PROPERTY 0 zt AGNESSST 44 F mimit OCL •• • • DEATON BAKER LOT 1 BLK 7 SITE- LOCATION MAP Subject Property -215- HWY 44 FRWY i -1- 41E NING COMMISSION w 7 O CYO vU H r.J - 42 MD MD_ z 2 w H w H N+ I(1 Nti fl IO Ltr 9 fr 1k x0 s 5 5o • OE 0 E'��I L•l0 ± NTT?' 411 000]tl fr51'6z .fLOb'LB£'l 3 .VE ,bb .00 5 � .ss •uo•r �-� - .u•nc LY3v9ir3 ,LIS:10 � I j ilZ a Z Luvuni ,LniiY :Jl- 'u .F[ 'SCE 1 65 '0071— Al .,55.05.00 N r` L_ : r .61•LI[ !171NA5! 314153 33fI13S1 N• TNI393fIN AC3i 531M PI TO 5 Ei ie ig 0 5 55 ow .9j 565 5 to t 5 WWHI .Sx ohs 5I g N 9 11 a 6 ; -g 2 5 5 5 .1L czc TJIOT M1LL MEN 9Y TUESF PRESEIITS� 5 tE iw It EE se . 5mal hN� w? o�oI !! aVi N5 hor. Es SI 2! —Z16— Sd66'YM'6910 V. BLOC ?'EAT ®N — ®A Ey Lik 6.A ............ . Fr WU' V VILAV. ..... ...... L. lig ••• •-•--- ...... .......... ..... ..... _ STATE MIDWAY 44 (R.o.w. vARIESI intir/AT) 0! pi 11 ill g Baker Hughes Joint Faolifty 41 Corpus Christi, Texas ru qiYILQ,REP 0333 State Highiss2 1 7 - Corpus Christi, Tomas romm —0-1=4" 7.17z47.7 PUBLIC WATER IMPROVEMENTS FOR DEATON - BAKER SUBDIVISION COSTS ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST FIRE HYDRANT ASSEMBLY EA 5 55,500.00 $27,50.00 12" GATE VALVE & BOX 542.50 2 54,250.00 59,5009.00 8" GATE VALVE & BOX EA 4 59,106.90 512,40000 CONNECT TO EXISTING WATERLINE EA 2 59,500.09 519,060.06 WATER MAIN (12" ) 0- 900)(PVC) u 924 547.50 543,650.00 WATER MAIN (6")(C•906 }(PVC) [F 2355 032.50 076535.00 TRENCH SAFETY LF 50 5300.00 515,000.00 GRAND TOTAL= SUBTOTAL: 5202,925.00 ConlInoncy (10 50 520,292,50 WATER TOTAL= 5223,217.50 . PUBLIC SANITARY SEWER IMPROVEMENTS FOR DEATON -BAKER SUBDIVISION COSTS COSTS ITEM DESCRIPTION ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST SAN SEWER PIPE (10 1 (SDR.28) tF 924 542.50 539,270.00 46" DIA MANHOLE EA 3 57,501.00 $22,503.06 TRENCH EXCAVATION PROTECTION Lr _ 924 530.00 527,720.00 EA SUBTOTAL: 599,493.00 Contingency I10 %) 58,949.30 SEWER TOTAL = 598,442.30 PUBLIC STORM SEWER IMPROVEMENTS FOR DEATON -BAKER SUBDIVISION COSTS ITEM DESCRIPTION UNIT QUANTITIES UNIT COST TOTAL COST 1B" RCP STORM SEWER PIPE LF 187 545.00 57515.00 3X3 JUNCTION BOX pq 1 51,000.00 51,000.00 5X5 JUNCTION BOX Ey, 1 51,500.00 51,566.00 CONNECT TO EXISTING INLET EA 1 51,000.09 $1,060.06 SUBTOTAL; $11,015,00 Contingency (10 %) 51,101.50 STORM TOTAL.. $12 118.50 • 110% OF CONSTRUCTION COSTS PER CITY ORDINANCE TOTAL (WATER +SEWER +STORM) 5333,778.30 •10% ADDITIONAL 533,377.53 GRAND TOTAL= $367,153.93 EXHIBIT D -218- Exhibit E Deferment Agreement DEFERMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Deferment Agreement, (hereinafter "AGREEMENT ") is entered into between the City of Corpus Christi, Texas, a Texas Home Rule Municipality, (hereinafter "CITY ") and Baker Hughes Oilfield Operations, Inc., a California Corporation, (hereinafter "DEVELOPER "), and pertains to deferral of the completion of certain improvements required prior to filing the final plat of Deaton Baker Subdivision, Block 1, Lot 1 (hereinafter "PLAT "), which was approved by the Planning Commission on October 26, 2011. A copy of the PLAT is attached and incorporated as Exhibit 1; WHEREAS, in accordance with Unified Development Code (hereinafter "UDC ") Subsection 8.1.6, before seeking acceptance of all improvements by submitting the final PLAT in accordance with UDC Subsection 8.1.11 for recordation, the DEVELOPER is obligated to complete the installation and construction of all required improvements and submit required quality assurance documentation; WHEREAS, the DEVELOPER is seeking to have the PLAT filed immediately with the County Clerk of Nueces County, Texas, before completion of the required improvements in conformity with UDC Subsections 8.1.3 and 8.1.4; WHEREAS, the DEVELOPER submitted written application and is seeking to defer, for a period of up to one (1) year, the construction of the water, wastewater, and storm water improvements (hereinafter the "deferred improvements "), as shown in Exhibit 2; and further, on December 7, 2011, the Planning Commission found, and recommended to the City Council, that reasonable cause exists to delay the completion of the required public improvements for PLAT recordation provided that, in accordance with UDC Subsection 8.1.10.B, the following noted conditions are met; WHEREAS, in accordance with UDC Subsection 8.1.10.B.1, the DEVELOPER will provide to the CITY prior to the recording of the PLAT, a DEVELOPER guarantee in the form of a Performance Bond, for the construction of the improvements to ensure completion of the project. The Performance Bond shall be in the amount of $367,153.93, representing 110% of the cost of constructing the deferred improvements as estimated by the DEVELOPER'S engineer and 'accepted by the Assistant City Manager of Development Services, or his designee (hereinafter "DEVELOPMENT SERVICES ACM "). Cost Estimate is attached and incorporated as Exhibit 3; WHEREAS, water and sewer service are available to serve Deaton Baker Subdivision, Block 1, Lot 1, WHEREAS, the DEVELOPER is entering into this AGREEMENT as required by UDC Subsection 8.1.10.B,3; NOW, THEREFORE,. for the consideration set forth hereinafter, the CITY and DEVELOPER agree as follows: 1. The DEVELOPER shall construct the deferred improvements, in accordance with the CITY'S engineering standards in effect at the time of construction. 2. The DEVELOPER certifies all other subdivision requirements, park dedications, park dedication deferment agreements, maintenance agreements and all special covenants, if any, have been completed. 3. The CITY hereby waives the requirement that construction of the deferred improvements be completed before the final PLAT is endorsed by the CITY Engineer and filed for record with the County Clerk of Nueces County and further . agrees to allow the DEVELOPER to defer construction of the required improvements as shown in Exhibit 2, for up to one (1) year from the date of this AGREEMENT, or such later time as may be mutually agreed upon in writing by both parties. 4. The DEVELOPER agrees to deliver a Performance Bond in the amount of $367,153.93, being 110% of the estimated cost of constructing the deferred improvements, as shown in Exhibit "3 ", which is attached to and incorporated into this AGREEMENT, to the CITY on or before the PLAT is filed with the County Clerk, and if such Performance Bond is not provided by that time, this AGREEMENT shall become null and void. The form of the Performance Bond must be approved by the CITY Attorney and the CITY'S Director of Financial Services. 5. The Performance Bond must be executed by the DEVELOPER, as principal, . and by a corporate surety acceptable to the CITY, as obligee, and conditioned upon the DEVELOPER named in the Performance Bond faithfully complying with all of the provisions of this AGREEMENT until the CITY has accepted the deferred improvements. 6. The Performance Bond shall secure the CITY against all costs, charges and expenses related to the failure of the DEVELOPER to construct the deferred improvements. A Performance Bond issued under this provision must be valid for the deferment period or more, and require as sole documentation for payment a statement in writing from the City Manager setting forth the circumstances giving rise to the call on the bond, or a statement of the failure to furnish proof of renewal or replacement of the bond, if necessary, no Tess than thirty (30) days prior to the expiration of _.the then current bond. 7. The CITY and DEVELOPER agree that completion of the deferred improvements shall be determined by the DEVELOPMENT SERVICES ACM in accordance with the acceptance requirements noted in UDC Subsections 8.1.11 and 8.1.12, but in no event shall the deferred improvements be deemed complete until the CITY Engineer has provided a certification of completeness, which certification shall not be unreasonably withheld, conditioned or delayed. 8. Upon completion of the deferred improvements by DEVELOPER, and upon compliance by the DEVELOPER with the terms of this AGREEMENT, the DEVELOPMENT SERVICES ACM and/or. the CITY Engineer shall: a. Immediately release the DEVELOPER from the obligations to construct the deferred improvements by mailing a Release Letter to: Baker Hughes Oilfield Operations, Inc., a California Corporation 2929 Allen Parkway, Suite 2100 Houston, Texas 77019 Attn: George P. Bernhardt b. Return to the DEVELOPER within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, or within sixty (60) days of acceptance of the deferred improvements, whichever is later, the Performance Bond and any balance remaining of all monies received by the CITY from the DEVELOPER, including any interest earned. 9. The CITY and DEVELOPER agree that if the DEVELOPER formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the construction of the deferred improvements, any money received by the CITY from the DEVELOPER remaining on deposit, plus interest earned, will be released and immediately returned to the DEVELOPER. 10. If the deferred improvements have not been completed prior to the deadline for completion of the construction of the deferred improvements, or if the DEVELOPER fails to deposit any increased security as set out below, after notice to the DEVELOPER and opportunity to cure as stated in Paragraph 11 below, the CITY will call the Performance Bond and transfer the money received, including any interest earned, to the appropriate CITY fund and the CITY may begin completion of the construction of the deferred improvements. If CITY constructs all or any part of the required improvements, the DEVELOPER shall reimburse the CITY for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after CITY completes the required improvements and bills the DEVELOPER. 11. If DEVELOPER defaults in any of its covenants or obligations under this AGREEMENT, the DEVELOPMENT SERVICES ACM and /or the CITY'S Engineer will send the DEVELOPER written notice by certified mail, return receipt requested, advising DEVELOPER of the default and giving DEVELOPER thirty (30) days from date of receipt of the letter, or such longer period as may be reasonably necessary if the default is not reasonably curable within thirty (30) days, to cure the default. If the DEVELOPER fails to cure the default after receipt of the notice and opportunity to cure, the DEVELOPMENT SERVICES ACM and/or the CITY'S Engineer may transfer any monies received and interest earned to the appropriate fund of the CITY to complete the deferred improvements. In the event there are any monies received by the CITY from the DEVELOPER, plus interest earned, remaining after the CITY has completed construction of the deferred improvements, the excess monies, both principal and interest, shall be refunded to the DEVELOPER, within sixty (60) days of the completion of construction of the deferred improvements and settlement of construction contracts. 12. The CITY reserves the right not to issue Certificates of Occupancy for this development until the deferred improvements are installed, deemed complete and accepted by the CITY. 13. The DEVELOPER agrees that the CITY, after notice in writing to the DEVELOPER and Project Engineer, may accelerate payment or performance or require additional financial security when the CITY deems itself insecure as to the prospect of payment or performance on a demonstrated reasonable basis. 14. The Developer and CITY agree, that should the deferment period be changed to greater than one (1) year from the date of this AGREEMENT, as mutually agreed upon in writing by both parties, an increase in security may be required on the first year anniversary of this AGREEMENT and annually thereafter, if the DEVELOPER'S Engineer or the CITY reasonably determines that the present financial security does not provide for 110% of the estimated construction costs. 15. The DEVELOPER covenants to construct the deferred improvements, and that this covenant shall be a covenant running with the land. 16. The CITY'S Engineer, at DEVELOPER'S expense, shall file for record this AGREEMENT in the records of the County in which this property is located, that being Nueces County, State of Texas. 17. No party may assign this AGREEMENT or any rights under this AGREEMENT without the prior written approval of the other party. 18. Unless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 19. This AGREEMENT shall be construed under and in accord with the laws of the State of Texas and all obligations of the parties created hereunder are performable in Nueces County, Texas, and all lawsuits pursuant hereto shall be brought in Nueces County. 20. The DEVELOPER. further agrees, in compliance with the CITY'S Ordinance No. 17113, to complete, as part of this AGREEMENT, the Disclosure of Ownership interests form attached to this AGREEMENT as Exhibit 4. 21. This AGREEMENT shall be executed in triplicate, all original copies of which shall be considered one instrument. This AGREEMENT becomes effective and is binding upon, and inures to the benefit of the CITY and DEVELOPER, and their respective heirs, successors and assigns, from and after the date that all original copies have been executed by all parties. 22. The person signing this AGREEMENT on behalf of the parties represents, warrants, and guarantees that they have authority to act on behalf of the party and make this AGREEMENT binding and enforceable by their signature. EXECUTED in triplicate this day of Signatures found at pages 6 and 7. ,2011. DEVELOPER: By: Baker Hughes Oilfield Operations, Inc, a California Corporation 2929 Alien Parkway, Suite 2100 Houston, Texas 77019 Jr- Name: David E. Emerson Vice President THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on the day of November, 2011, by David E. Emerson, Vice President of Baker Hughes Oilfield Operations, Inc., a California corporation and Developer herein, on behalf of said corporation. 0� Notary Public, State of Texas -225- "11,11 ;;.4 '" ELLEN 5 BOTH = Notary Public, State of Texas s sex. My Commission Expires Itage November 07, 2015 CITY CITY OF CORPUS CHRISTI 1201 Leopard Street P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 826 -3220 ATTEST: By: By: Armando Chapa Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of . , 2011, by Armando Chapa, City Secretary, for the City Of Corpus Christi, a Texas Municipal Corporation, on behalf of the Corporation. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2011, by Ronald L. Olson, City Manager, for the City Of Corpus Christi, a Texas Municipal Corporation, on behalf of the Corporation. Notary Public, State Of Texas APPROVED AS TO FORM: This`ri-day of -441,44 , 2011. Carlos Valdez, City Attorney By: eborah Walther Br Assistant City Attorney 22 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 12/6/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E., Director of Engineering Services it petean @cctexas.com (361) 826 -3781 Gustavo Gonzalez, P. E., Director of Water Operatig(a gustavogo @cctexas.com (361) 826 -1874. CAPTION: Award Job Order Construction Contract Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc. of Corpus Christi, Texas in the amount of $61,906.54 for certain construction connected with Homeland Security Protection. BACKGROUND AND FINDINGS: Under a homeland security grant, the proposed project will construct improvements to provide improved security. ALTERNATIVES: This project was bid with only a Base bid, so there are no alternative bid options to award. 1. The City Council options are to award this contract to the low bidder ( Barcom Commercial) or 2. Not award contract. OTHER CONSIDERATIONS: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction- related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on -call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: ➢ Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. --229 K:IENGINEERING DATAEXCHANGEIWELMAP {WATER.WESLEY SEALE DAM1E11119 WESELY SEALE DAM SECURITY FENCINGI1 AGENDA ITEM GENER1C.DOTX D Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. D Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work conditions, and facility condition prior to submitting a'proposal. This will significantly reduce and/or eliminate unforeseen conditions and excessive cost growth. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011 -12 Operating Budget. EMERGENCY / NON - EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Water Department FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget $0.00 $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 This item $0.00 $61,906.54 $0.00 $61,906.54 Other Anticipated Expenditures $0.00 $0.00 Balance $0.00 $61,906.54 $0.00 $61,906.54 Fund(s): Water and Homeland Security Grant Fund Comments: This project requires 45 calendar days, with anticipated completion approximately February 2012. RECOMMENDATION: City staff recommends that the contract be awarded to Barcom Commercial of Corpus Christi, Texas, in the amount of $61,906.54. LIST OF SUPPORTING DOCUMENTS: Project Budget Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —230- J:1TEMP\CITY COUNCIL.. ACTION ITEM WESLEY SEALE DAM_DCEX PROJECT BUDGET Job Order Construction Contract Project December 6, 2011 Funds Available $105,O00.00 FUNDS REQUIRED: Construction (Barcom Commercial)....... ..... .............. ................. ........ $61,906.54 Contingencies (10 %) 6,190.65 Engineering Services (3.4 %)......... 2,104.82 Misc. (Printing, Advertising, etc.) 250.00 Total... ........................ $70,452.02 Estimated Project Budget Balance ......... $34,547.98 -231- 23 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/17/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services ft petean @cctexas, cam (361) 826 -3781 Valerie Gray, Director of Storm Water and Street Operations valerieg @cctexas.com (361) 826 -1875 Approval of Construction Contract: Turtle Cove Park/Jester Drainage Improvements for the Base Bid CAPTION: • Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction of Harlingen, Texas, in the amount of $555,197.00 for the Turtle Cove Park /Jester Drainage Improvements for the Base Bid. BACKGROUND AND FINDINGS: The area drainage system near Jester Street is inadequate to effectively convey the storm water runoff from routine rain events. This project improves area infrastructure and will be implemented in a phased design and construction approach. This project phase consists of removing and reconstructing asphalt pavement at the intersection of Flour Bluff Drive and Jester Street, excavating and installing storm water system within Turtle Cove Park, constructing a concrete outfall structure and headwall, installing and maintaining storm water pollution prevention and traffic control measures. On October 12, 20.11, the City received proposals from six (6) bidders and their respective bids are as follows: Contractor Base Bid H2O Construction, Harlingen TX $555,197.00 Clark Pipeline Service, Corpus Christi TX $575,807.11 Garrett Construction, Ingleside, TX $592,852.50 Grace Paving & Construction, Corpus Christi TX $597,579.83 Relmco Construction, Hondo, TX $664,491.81 Bay Ltd., Corpus Christi, TX $712,699.80. —235— ALTERNATIVES: 1. Award the contract to H2O Construction 2. Rebid the project 3. Do not proceed with the project. OTHER CONSIDERATIONS: This project is anticipated to reduce drainage complaints and problems following storm events, as well as to relieve localized flooding. CONFORMITY TO CITY POLICY: Conforms to statutes regarding bid process; FY 2011 -12 Capital Budget. EMERGENCY / NON-EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Storm Water FINANCIAL IMPACT: CIP Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $49,900.00 $1,000,000.00 $1,000,000.00 $2,049,900.00 Encumbered / Expended Amount $49,900.00 This item $555,197.00 BALANCE $444,803.00 $1,000,000.00 $1,444,803.00 Fund(s): Storm Water CIP, No. 4527 Comments: This project is a multi -phase project funded out of the Storm Water CIP Fund. The goal of this project is to improve area drainage. Failure to complete project could result in increased costs of repair to the existing storm water system and property damage. RECOMMENDATION: The City's Consultant on this project, Martinez, Guy & Maybik, and City staff recommend that the contract be awarded to H2O Construction of Harlingen, Texas in the amount of $555,197.00 for the . Base Bid. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Consultant's Letter of Recommendation —236— Approvals: Veronica Ocanas, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager PROJECT BUDGET TURTLE COVE PARK/JESTER DRAINAGE IMPROVEMENTS Project No. E11074 December 6, 2011 FUNDS AVAILABLE: Storm Water CIP (2010 -2014) $2,049,000.00 Previous Years' CIP $0.00 TOTAL $2,049,000.00 FUNDS REQUIRED: Construction (H20 Construction) Contingencies (10 %) Consultant Fees: A/E Consultant (Martinez, Guy and Maybik)* A/E Consultant (Goldston Engineering) Materials Testing (Kleinfelder) $555,197.00 $66,519.70 $49,880.00 $6,000.00 $16,406.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) $15,267,92 In -House Engineering Design $0.00 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) $19,431.90 Construction Inspection $19,431.90 Misc. (Printing, Advertising, etc.) 2,775.99 Finance Issuance 6,939.96 TOTAL $746,850.36 ESTIMATED PROJECT BUDGET BALANCE 1,302,149.65** *Administrative Approval April 3, 2009 **This is a multi -phase project. Remaining balance is for 2nd and 3rd phases. -238 -- \Mproject\councilexhibits\ exhE11074. dwg TURTLE COVE PARK / JESTER DRAINAGE IMPROVEMENTS PROJECT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 c = -239- MARTINEZ, GUY & MAYBIK, INC. ENGINEERS & SURVEYORS 6000 S. STAPLES, SUITE 207 CORPUS CHRISTI, TX 78413 October 28, 2011 Ms. Natasha Fudge City of Corpus Christi - Engineering Services 1201 Leopard Street Corpus Christi, TX 78401 Re: TURTLE COVE PARK/JESTER DRAINAGE IMPROVMENTS; PROJECT No. E1 1074 BID TABULATION AND RECOMMENDATION Dear Ms. Fudge, Our office has reviewed the bid submissions that were received from prospective contractors for proposed improvements for TURTLE COVE PARK/JESTER DRAINAGE IMPROVEMENTS; PROJECT No. E1 I074. A full tabulation of each of the bids is included with copies of bid proposal forms from all the Bidders. The required documentation as per the Special Provisions sections A -28, A -29, and A -30 from the lowest Bidder is also included with this letter. The tabulation sheet contained herewith has been organized in similar order as per the bid proposal form provided in the Bidding Documents for the Project. In all, there were six (6) bidders that submitted for this project. After careful examination of each of the bids, this office recognizes H2O Construction Services as the apparent lowest bidder with a base bid of $555,197.00, (i.e. $530,197.00 per H20's bid proposal plus $25,000 for base bid allowance per Bid Item A40); Clark Pipeline Services and Garrett Construction were the next two lowest bidders submitting base bids of $575,458.97 and $592,852.50, respectively. As such this office recommends that a construction contract be awarded to H2O Construction Services for the base bid amount, with the number of working days to complete all the base bid items being 120 calendar days, with liquidated damages of $500 per calendar day to be paid to the City of the work is not completed within the specified period. it must be noted that H2O Construction Services is still required to satisfy the pre- construction requirements of acquiring the necessary insurances and bonding for the Project as stated in the Construction Documents. As always, the City reserves the right to reject any or all bids, to waive irregularities and to accept the bid which, in the City's opinion, is most advantageous to the City and in the best interest of the public. Sincerely, MARTINEZ, GUY & MAYBIK., INC. Ricardo Martinez, P.E. RMiea cc: Bid Tabulation Sheet -240- .ara►a;tiy, f a' '$ ,D0 MART1NE. j i DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of: Presentation December 6, 2011 Action December 13, 2011 December 1, 2011 Ronald L. Olson, City Manager 0 Pete Anaya, P.E., Director of Engineering Services petean a(cctexas.com, (361) 826 -3781 Ordinance to Appropriate Street Construction Funds: Aquarius Street — Das Marinas to Commodores PURPOSE: Ordinance appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures, including construction, of the Aquarius Street Project from Dasmarinas to Commodores into the Street Capital Improvement Fund 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. BACKGROUND AND FINDINGS: On November 15, 2011, the City Council was presented an agenda item to award a construction contract to Haas Anderson Construction, Ltd. of Corpus Christi, Texas, in the amount of $1,303,865.60 for the base bid and alternates 1 - 3 for Aquarius Street from Dasmarinas to Commodores. The City Council amended the motion and voted to award the contract using City reserves to pay for the costs of the Bond 2008 street portion of the project. This agenda item will appropriate the funds from the General Fund unappropriated reserves and transfer the funds to the Capital Improvement Budget so the construction contract may be certified and executed. Aquarius Street was approved by the voters as part of the 2008 Bond Election. This contract will result in the construction of Aquarius Street between Dasmarinas and Commodores. The street will be constructed with hot mix asphaltic concrete (HMAC) pavement. The work includes curb and gutters, sidewalks, curb ramps, pavement markings, street, speed and regulatory signs, traffic control, storm water, wastewater, and water improvements. The new Aquarius right of way is a total of 80 feet wide. The street will be constructed with both boulevard and standard sections. The boulevard section consists of an 18 foot median with two 16 foot street sections (curb back to curb back) and 15 foot wide green/sidewalk area between the curb and property line on both sides of the street. The standard section has a single street section of 40 foot width (curb back to curb back) and a 20 foot wide area between the curb and property line on both sides of the street. Both sections will include an 8 foot wide sidewalk on one side of the street. The Aquarius alignment facilitates access from Fire Station 15 on Commodores to Dasmarinas. The contract requires the work be completed within 140 calendar days are notice to proceed. It is anticipated construction will be complete no later than March of 2012. --243 - K:IEngineering DataExchangelLyndalStreets12008 Bond Issue16472 - AquariuslConstruction Contract\Ordinance Agenda.docx ALTERNATIVES: 1. Award the motion as proposed. 2. Reject the motion and delay the project further. FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $296,700.00 $2,471,800.00 $2,768,500.00 Encumbered /Expended Amt. $296,700.00 _ $296,700.00 This item $950,000.00 $950,000.00 BALANCE FUNDS: Street, Storm Water, Wastewater & Water CIP Fund RECOMMENDATION: City staff recommends this Ordinance be approved so a contract may be executed with Haas Anderson, Ltd. of Corpus Christi, Texas for the Aquarius Street Project from Dasmarinas to Commodores. CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Local Government Code for public works projects and the FY 2011 -12 Capital Budget. EMERGENCY! NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable: LIST OF SUPPORTING DOCUMENTS: Ordinance Cc: Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —244 — K :\Engineering DataExchangelLynda\Streets12008 Bond Issue16472 - AquariuslConstruction ContractlOrdinance Agenda.docx Page 1 of 2 Ordinance appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street Project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No 029155 by increasing appropriations by $950,000 in the No, 1020 General Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $950,000 is appropriated and transferred from the Unreserved Fund Balance in No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street Project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530. Section 2. The FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $950,000 in the No. 1020 General Fund. Page2of2 The foregoing ordiiriagce was re for the fir At time and passed to its second reading on this the , day of pea f'Nl ) , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez • Nelda Martinez Mark Scott David Loeb The foregoing ordinance was read for the first time and passed to its second reading on this the _ day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal PASSED AND APPROVED on this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to legal form: 01 -Dec -11 By: Lisa Aguila Assistant City Attorney for the City Attorney Joe Adame Mayor 25 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/2312011 TO: Ronald L, Olson, City Manager FROM: Eddie Houlihan, Assistant Director of Management & Budget Eddieho@cctexas.com (361) 826 -3792 CAPTION: Transferring $270,000 from the Hotel Occupancy Tax Fund to the General Fund for beach maintenance. Ordinance authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. BACKGROUND AND FINDINGS: On July 26, 2011 the City Council approved an additional $270,000 from the Hotel Occupancy Tax Fund for beach maintenance. These funds need to be transferred and appropriated in the General Fund. ALTERNATIVES: NONE OTHER CONSIDERATIONS: NONE CONFORMITY TO CITY POLICY: City policy requires City Council approval for transfers between funds. EMERGENCY 1 NON-EMERGENCY: This is not an emergency. —249— DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Operating Expense / Revenue Fiscal Year: 2011.2012 Project to Date Expenditures (C1P only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount - This item $270,000 $270,000 BALANCE $270,000 $270,000 Fund(s); General Fund Comments: RECOMMENDATION: Staff recommends approval of ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager Page 1 of 2 Ordinance authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. That the City of Corpus Christi is authorized to transfer $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriate in the General Fund No. 1020 for beach maintenance. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase Hotel Occupancy Tax Fund appropriations by $270,000 and to increase both revenues and expenditures in the General Fund by $270,000 each. Page2of2 That e foregoing o finance was r•Rad for the first time and passed to its second reading on this the day of ,Q YYl , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick � Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal &lap PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: Ilk" • i,3) ao /1 Lisa Aguilar, kkistant City Attorney By: for the City Attorney . .7 ...... 15A-4.4.-t-mar. 1111■1111111V MINIM krav011om 11:45 A.M. - Proclamation declaring December 101h, 11th, 17th and 18`h, 2011 as "36th Anniversary Season Nutcracker Ballet Days' Proclamation declaring January 6, 2012 as "FIRST FRIDAY Prayer Service Day" Invitation to 23rd Annual Feast of Sharing Commendation for Assistant City Manager Juan Perales, Jr., P.E. in gratitude for 20 years of dedicated service, presented by City Manager Ron Olson AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 13, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habra un interprete ingles- espanol en Codas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Scott Higginbotham, Lexington Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler City Manager Ronald L. Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal David Loeb Nelda Martinez Mark Scott Agenda Regular Council Meeting December 13, 2011 Page 2 E. MINUTES: 1, Approval of Regular Meeting of December 6, 2011. (Attachment #1 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Advisory Committee on Community Pride * Corpus Christi Aquifer Storage and Recovery Conservation District * Corpus Christi Regional Economic Development Corporation * Electrical Advisory Committee * Marina Advisory Committee * Watershore and Beach Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances.. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the iast regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting December 13, 2011 Page3 3. Lease purchase of pumper truck for Fire Department Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. (Attachment # 3) 4. Lease purchase of curbside refuse containers Motion approving the lease purchase of 6,500 95/96- gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31,479.72 is required for FY 2011 -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 collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's (ease /purchase financing program. (Attachment # 4) 5. Award of a supply agreement: Cold Mix -Cold Laid As•halt and Pre- Coated Aggregate for use by Street and Utility Departments Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of pre - coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi- annual expenditure, of $287,000. The term of the contract will be for six months with an option to extend for up to five additional six month periods, subject to the approval for the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund. (Attachment # 5) Agenda Regular Council Meeting December 13, 2011 Page 4 6. Repair of Raw Water Pump #3 -Pump Station #1 located at 13741 Smith Drive Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011- 2012. (Attachment # 6) 7. Lease of a motor grader for beach and beach roadway maintenance Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a motor grader in accordance with Bid Invitation No. BI- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February - October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011 -2012 adopted budget. (Attachment # 7) 8. Service agreement for local and long distance services Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. BI- 0092 -11, based on lowest responsible bid; for an estimated three -year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. (Attachment # 8) 9. Service agreement for utility worksite restoration services Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. BI- 0195 -11, based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011 -2012. The term of the Agenda Regular Council Meeting December 13, 2011 Page 5 contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011 -2012. (Attachment # 9) Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 Grand Total: $139,932.90 10. Approval of purchase and installation of new park equipment for Lamar Park a. Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. (Attachment # 10) b. Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408.67. The purchase is for new park equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. (Attachment # 10) 11. Acceptance of State grant funds for Homeland Security Projects a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 11) b. Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Agenda Regular Council Meeting December 13, 2011 Page 6 Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. (Attachment # 11) 12. Acceptance of State grant funds for State Homeland Security Terrorism Prevention Activities a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 12) b. Ordinance appropriating $59,643 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises and purchase needed equipment. (Attachment # 12) 13. Acceptance of State grant funds for Homeland Security Medical Response Programs a. Resolution authorizing the City Manager or designee to execute the 2011 Sub- Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 13) Agenda Regular Council Meeting December 13, 2011 Page 7 b. Ordinance appropriating $267,608.35 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. (Attachment # 13) 14. Acceptance of grant to develop a pipeline safety awareness program administered by the Gas Department a. Resolution authorizing the City Manager or designee to accept a grant in the amount of .$49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. (Attachment # 14) b. Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. (Attachment # 14) 15. Acceptance of State grant funds for the Women, Infants and Children (WIC) program a. Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, infants and Children (WIC) Program, based on a.$12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. (Attachment # 15) b. Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. (Attachment # 15) Agenda Regular Council Meeting December 13, 2011 Page 8 16. Acceptance of State grant funds for development and implementation of a wetland restoration plan for Oso Bay Learning Center and Wetland Preserve, in conjunction with Coastal Bend Bays Foundation a. Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. (Attachment # 16) b. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program and $20,000 from the Coastal Bend Bays and Estuaries Program, Inc., in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 16) c. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. (Attachment # 16) 17. Acceptance of a grant for the One Away Advocacy Campaign from the National Council on Aging (NCOA) a. Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. (Attachment # 17) b. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. (Attachment # 17) Agenda Regular Council Meeting December 13, 2011 Page 9 18. Approval of the resale of foreclosed properties to collect delinquent ad valorem taxes Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. (Attachment # 18) 19. Amendments to City Investment Policy Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. (Attachment # 19) 20. Ratification of City Debt Management Policy Resolution affirming the Debt Management Policy for the City of Corpus Christi. (Attachment # 20) 21. Temporary Infrastructure Deferment Agreement with Baker Hughes Oilfield Operations, Inc. Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. (Attachment # 21) Agenda Regular Council Meeting December 13, 2011 Page 10 22. Award of contract for certain construction connected with Homeland Security protection Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount . of $61,906.54 for certain construction connected with Homeland Security protection. (Attachment # 22) 23. Award of contract for Turtle Cove Park/Jester Drainage Improvements Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park/Jester Drainage Improvements for the Base Bid. (Attachment # 23) 24. Ordinance to appropriate street construction funds: Aquarius Street Second Reading Ordinance — Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. (First Reading 12/6/11) (Attachment # 24) 25. Transferring $270,000 from Hotel Occupancy Tax Fund to General Fund for beach maintenance Second Reading Ordinance — Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. (First Reading 12/6/11) (Attachment # 25) Agenda Regular Council Meeting December 13, 2011 Page 11 26. Appropriation of Community Enrichment funds for park improvements Second Reading Ordinance - Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements and other related projects. (First Reading 12/6/11) (Attachment # 26) 27. Appropriation of funds to partially reimburse the developer of Tortuga Dune Subdivision from the Sanitary Sewer Trust Fund for Zahn Road Master Plan Lift Station Second Reading Ordinance -- Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8- foot diameter wet well, 8,376 - linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. (First Reading 12/6/11) (Attachment # 27) 28. Approval of Use Privilege Agreement to use portion of City sidewalk as an outdoor seating space for Aria Sky Terrace Second Reading Ordinance - Authorizing the City Manager or designee to execute a Use Privilege Agreement, with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80- square foot portion) of public City sidewalk right -of -way as an outdoor seating space, in consideration of $560, a one -time use privilege fee; subject to compliance with the specified conditions. (First Reading 12/6/11) (Attachment # 28) 29. Code amendment for _placement of microchips in impounded animals Second Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. (First Reading 12/6/11) (Attachment # 29) Agenda Regular Council Meeting December 13, 2011 Page 12 30. Code amendment authorizing an interlibrary loan service fee of $2.75 to offset reduction in grant funds Second Reading Ordinance - Amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; and providing for publication. (First Reading 12/6/11) (Attachment # 30) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Counci! 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 Sections 551.071 and 551.072 of the Texas Government Code for legal advice on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and deliberations regarding the value or lease of real property, 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. J. PUBLIC HEARINGS: 31. PUBLIC HEARING AND SECOND READING OF SUSTAINABILITY ORDINANCES: Development Concept and Special Overlay Zoning Districts a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Agenda Regular Council Meeting December 13, 2011 Page 13 Sec. 6.6. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) b. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.6. entitled, "Development Concept and Special Overlay Zoning Districts ", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Clustered Development Overlay Zoning District c. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.7. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) d. Second Reading Ordinance - Amending the Corpus Ch risti Unified Development Code by adding a new Section 6.7. entitled, "Clustered Development Overlay Zoning District ", relating to the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Mixed -Use Overlay District e. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.8. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011 ", and as Agenda Regular Council Meeting December 13, 2011 Page 14 incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) f. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.8. entitled, "Mix Use Overlay District ", relating to the use, regulations, and review standards for mixed use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Uptown - Downtown Mixed- UsejMUS) Special Overlay District g. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) h. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.11. entitled, "Uptown- Downtown Mixed -Use (MUS) Special Overlay District ", relating to the establishment of a mixed - use special overlay district promoting mixed -use development within the uptown and downtown areas of the City; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Target Area Redevelopment Special Overlay District i. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011 ", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) Agenda Regular Council Meeting December 13, 2011 Page 15 Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.12. entitled, "Target Area Redevelopment Special (TARS) Overlay District ", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Streetscape Zone Standards k. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.13. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) I. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.13. entitled, "Streetscape Zone Standards ", relating to the use, regulations and review standards for creation of streetscape zones; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Alternative Housing Options m. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.14. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) n. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.14. entitled, "Alternative Housing Options ", relating to the use, regulations and review standards for alternative housing Agenda Regular Council Meeting December 13, 2011 Page 16 options; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Neighborhood Mixed -Use (NMU) Development Standards o. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding 'a new Sec. 7.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.11. entitled, "Neighborhood Mixed -Use (NMU) Development Standards ", relating to the use, regulations and review standards for residential mixed -use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading -- 10/11/11) (Attachment # 31) P. Adaptive Reuse Development Standards q. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.12. as . in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) r. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.12. entitled, "Adaptive Reuse Development Standards ", relating to the use, regulations and review standards for Adaptive Reuse and redevelopment of existing and historical structures; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Agenda Regular Council Meeting December 13, 2011 Page 17 K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 32. Designating. a Redistricting Plan and setting a public hearing date (To be considered at approximately 12 :15 p.m.) a. Presentation, discussion and possible action to designate draft Redistricting Plan for the City of Corpus Christi as an Illustrative Plan to be proposed for public consideration and comment. (Attachment # 32) b. Resolution designating a Redistricting illustrative Plan for public hearing and establishing a public hearing date. (Attachment # 32) 33. Approval of Master Implementation and Phasing Contract: Destination Bayfront (To be considered at approximately 1 :30 p.m.) Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California in the amount of $1,31 5,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. (Attachment # 33) 34. Appointment of Fire Chief Motion confirming the City Manager's appointment of Robert Rocha as Fire Chief. (Attachment # 34) 35. Approval to amend an existing contract to purchase automated agenda management system a. Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing. the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. (Attachment # 35) b. Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an Agenda Regular Council Meeting December 13, 2011 Page 18 automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. (Attachment # 35) 36. Approval of Professional Services Contract for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. (Attachment # 36) 37. Award of Contract for Aviation Business Consultant Services Motion to authorize the City Manager or designee to execute a contract with Trillion Av, L.L.C., for Aviation Business Consultant Services with effective date of November 8, 2011, with term of one year with options to extend for up to four additional one - year terms, with first year fee not to exceed $90,000 based on statement of work. (Attachment # 37) L. FIRST READING ORDINANCES: 38. Appropriation of funds for unclaimed monies from the Police Property Room First Reading Ordinance - Appropriating $15,628.25 from abandoned /unclaimed monies from the Police Property Room, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each. (Attachment #38) 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: 39. Approval of an interlocal cooperation agreement with the City of Portland for disposal of household hazardous waste Resolution approving an Interlocal Cooperation Agreement with the City of Portland for the disposal of household hazardous Agenda Regular Council Meeting December 13, 2011 Page 19 waste at the J.C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one -year renewal periods; and authorizing execution of the agreement by the City Manager or designee. (Attachment # 39) 40. Construction contract for Staples Street Phase 1 and 2 from Saratoga to Williams a. Motion authorizing the City Manager or designee to execute a Construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of $15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6 and 7.(BOND ISSUE 2008) (Attachment # 40) b. Motion authorizing the City Manager or designee to execute a Professional Engineering Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $177,441 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) (Attachment # 40) c. Motion authorizing the City Manager or designee to execute a Construction Management /Inspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) (Attachment # 40) FUTURE PUBLIC HEARINGS: 41. Zoning change for property located at 3813 County Road 69 from commercial to residential. Zoning Case No. 1011 -02, Mostaghasi Investment Trust: A change of zoning from the 'CN -1" Neighborhood Commercial District to the "RS -6" Single- family 6 District, resulting in a change of future land use from a commercial use to a low density residential use. The property to be rezoned is 7.297 acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (F.M. 624) and west of County Road 69. (Attachment # 41) Agenda Regular Council Meeting December 13, 2011 Page 20 42. Zoning change for property located at 10355 Up River Road without a change of future land use. Zoning Case No. 1011 -03, Elbas Land Development, Ltd.: A change of zoning from the "RS -6" Single- family 6 District to the "RS-4.5" Single- family 4.5 District without a change of future land use. The property to be rezoned is Assessors Map 138 -A, Block 138 -A, 8.51 acres of Lot 1 and Assessors Map 138 -A, Block 138 -A, 9.24 acres out of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. (Attachment # 42) UPDATES TO CITY COUNCIL: 43. Regional Water Planning Process (Attachment # 43) 44. Backflow Prevention Program (Attachment # 44) 45. Status Report on Crossing Guards Program (Attachment # 45) 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 Agenda Regular Council Meeting December 13, 2011 Page 21 DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: * Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hail, 1201 Leopard Street, at IF p.m., on December 8, 2011. 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. 26 City of Corpus `— Christi. AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: November 14, 2011 TO: Ronald L. Olson, City Manager FROM: Michael Morris, Director MichaelMo ancctexas.com 361 -826 -3494 TOPIC: Community Enrichment Fund (4720) appropriation for park improvements PURPOSE: Ordinance appropriating $120,090.66 in developer contributions and $ 553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. BACKGROUND AND FINDINGS: The Platting Ordinance provides that, should the City accept fee in lieu of land or park development fees, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one -half miles from the subdivision, taking into _ consideration factors such as the proximity of major barriers to accessibility including freeways, . navigable streams and bodies of water. Community Enrichment Funds shall be used only for parkland acquisition, park development and park improvements including utility extensions required to serve recreational areas ALTERNATIVES: Do not collect fees in lieu of land or park development fees for the acquisition or improvement of parks. OTHER CONSIDERATIONS: none FINANCIAL IMPACT: ❑ Not Applicable Fiscal Year: 2010 -2011 Budget Encumbered/Expended Amt. This item - Balance: o Operating Expense X Revenue Project to date exp (C1P Only) n/a n/a n/a n/a Current Year 120,644.31 120, 644.31 Future Years 0 ❑ CIP TOTALS 0 0 $120,644.31 $120,644.31 FUND(S): The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Comments: Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. RECOMMENDATION: Staff recommends approval of this agenda item. CONFORMITY TO CITY POLICY: Funds are appropriated periodically. Council approval required for appropriation of funds. EMERGENCY 1NON- EMERGENCY: Non - emergency, DEPARTMENTAL CLEARANCES: Legal. Finance Accounting and Office of Management and Budget. LIST OF SUPPORTING DOCUMENTS: Schedule of park development fees, park fees in lieu of land, and interest earned. Resolution 1 Ordinance Cc: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Oscar Martinez, Assistant City Manager City Manager's Use Only ❑ Consent Regular ❑ Public Hearing City of Corpus Christi, Texas For the 12 month(s) ended July 31, 2011 Fund: 4720- Community Enrichment Fund 4720 Acct # Org. Account Description Total Revenues Unappropriated 330003 21300 Developer Fee - interest 58.81 330005 21300 Park trust - unrestrict interest 436.80 330395 21371 Gateway interest 3.80, 330405 21357 HEB Park pool & tennis interes 0.98 330435 21502 Beautification prom. interest 4.97 330555 21507 Ed exchg prg- Sister City int. 0.35 330635 21511 Permanent art trust interest 47.94 INTEREST 553.65 330061 , 21336 Cole Park donation 10,646.00 330001 21300 Park trust - unrestrict donation 0.00 330002 21300 Park Development Fee 49,800.00 330200 21421 Royal Creek Estates 2,894.66 330200 21634 Summer Wind Village 8,100.00 330200 21667 Vista Hermosa 1,250.00 330212 21453 Gienoak Estates 750.00 330222 21322 Joslin Tract 33,750.00 330380 21395 010 Point 12,900.00 CONTRIBUTION 120,090.66 TOTAL INT 1 CONTRB 120,644.31 -257- Page 1 of 1 Ordinance appropriating $120,090.66 in developer contributions and $ 553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park improvements, and other related projects. Whereas, City of Corpus Christi Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one - half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, City Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $120,090.66 in developer contributions and $ 553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund is appropriated for park improvements and other related projects. ORa- Approp- CommEnrich- l=arks -Nov 2011 2 reading —258— That the foregoing or inance was reNd forthe fit time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler / -f John E. Marez Larry Elizondo 612%),L___ Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of 2011, by the following vote: Joe Adame .David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal aivert+ PASSED AND APPROVED, this the day of 2011. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: 1)•c'1 1 , Jt.1 I By: Lisa Aguilar ssistant City Attorney for the City ttorney 27 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 11/11/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director of Development Services stephend @cctexas.com (361) 826 -3246 Appropriation of funds from the Sanitary Sewer Trust Fund for Zahn Rd. lift station and force main project. CAPTION: Ordinance appropriating $650,000.00 from the Sanitary 4220 to pay the Preserve at Mustang Island, LLC, for t station with 8 -foot diameter wet well, 8,376 linear feet of appurtenances, located east of State Highway 361, south Sewer Trunk System Trust Fund No. 540450- 21800- he construction and installation of a master plan lift a 4 -inch and 6 -inch PVC dual force main, and related of Zahn Road. BACKGROUND AND FINDINGS: The Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision, has completed the construction of the Zahn Road Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a fl- inch and 6 -inch PVC dual force main, and related appurtenances. Per the Reimbursement Agreement approved by City Council on March 31, 2009, and executed on April 1, 2009, the developer is eligible for reimbursement, provided the funds are available in the Sanitary Sewer Trust Fund. The total commitment from the Sanitary Sewer Trunk Trust Fund for this project was $2,457,890.25. This amount exceeded the Sanitary Sewer Trunk Trust Fund balance. At this point $946,503.00 has been appropriated and paid to The Preserve at Mustang Island, LLC, with a remaining balance of $1,511,387.20, to be paid. The current request, if approved, will bring the remaining reimbursement agreement balance down to $861,387.20, which will be appropriated and dispersed as the Sanitary Sewer Trust Fund is replenished through the collection of wastewater acreage fees required by the platting ordinance. ALTERNATIVES: No alternatives exist as the applicant has an approved reimbursement agreement for the identified amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The owners and developers of the Tortuga Dunes subdivision extended public wastewater off site of their property and met the eligibility requirements of the Platting Ordinance to receive reimbursement from the trust funds for those costs. EMERGENCY / NON-EMERGENCY: Not applicable. DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: Operating Expense Fund(s): Sanitary Sewer Trunk System Trust Fund RECOMMENDATION: City staff recommends approval of the appropriation as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Reimbursement Agreement Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P,E, Assistant City Manager Project to Date Expenditures Fiscal Year: 2011 -2012 (CIP only) Current Year Future Years TOTALS Line Item Budget $699,696.30 Encumbered / Expended Amount $1,511,387.25 This item $650,000.00 BALANCE (- $861,387.20) Fund(s): Sanitary Sewer Trunk System Trust Fund RECOMMENDATION: City staff recommends approval of the appropriation as presented. LIST OF SUPPORTING DOCUMENTS: Location Map Reimbursement Agreement Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P,E, Assistant City Manager �tii�x.•a ` 1,1ItitSf'I'll ENtn}:FRINC, tC ,IF:r:;YFaal. • ti1 h't11:4' PORI/ RERIN REVIEW FORPERMIR PURPOSES ORLY NOT FOR CONSrpucrlotl ORE OOINO EAHN ROAD LIFT STATION DESIGN MEMORANDUM CORPUS CHRISTI, TEXAS -265- CONSTRUCTION AND REIMBURSEMENT AGREEMENT Tortuga Dunes /Zahn Road /Packery Channel Development Area Wastewater Lift Station and Force Main improvements THE STATE OF TEXAS COUNTY OF NUECES This Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ("City'), a Texas home -rule municipal corporation, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Forester (USA) Real Estate Group inc., a Delaware corporation duly authorized to do business in Texas ( "Developer"), whose headquarters is located at 6300 Bee Caves Road, Building Two, Suite 500, Austin, Texas 78746. WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 33.53 acres called The Preserve at Mustang Island, Unit 1, along Zahn Road, as shown in the attached EXHIBIT 1; WHEREAS, the City's Whitecap WWTP Service Area Master Plan requires the construction of a lift station and dual force mains in order for the Packery Channel Development Area and The Preserve at Mustang Island, Unit 1, and adjacent areas in Whitecap WWTP Service Area 11 to have sanitary sewer service; WHEREAS, the provision of central wastewater service and additional area infrastructure improvements are necessary to timely advance the joint development goals of the Packery Channel Development Area, as intended by the City and the General Land Office of the State of Texas, and as enumerated in the Padre Island Action Plan; WHEREAS, the lift station and dual force mains are not in place at this time, but these improvements are included in the City's Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area, to provide City wastewater service to Service Areas 11 and 12; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of the lift station and dual force mains; WHEREAS, under the Platting Ordinance, the Developer Is eligible for full reimbursement of the Developer's costs incurred for the construction of the lift station and dual force mains on behalf of the City; WHEREAS, it is essential that the lift station and dual force mains be constructed in connection with The Preserve at Mustang Island, Unit 1, development for service to be provided upon completion of The Preserve at Mustang Island, Unit 1; and WHEREAS, it is to the best interest of the City and the Developer for the Zahn Road Lift Station and dual force mains be constructed in accordance with the City of Corpus Exhibit B. Page 1 of 8 Trust Fund ReirnbAgrmenl - Zahn Road LS FM rjr -bcr 03022009 (2).doc —266— Christi Ordinances as specified in the Wastewater Treatment Plant Master Plan for the Whitecap WWTP Service Area and within the Zahn Road lift Station and Force Main Design Memorandum; NOW THEREFORE, for and In consideration of the mutual covenants In this Agreement, the parties do covenant and agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the Zahn Road Lift Station and Dual Force Mains under the Design Memorandum as required for the Packery Channel Development Area the Preserve at Mustang Island and for additional adjacent property in Service Areas 11 and 12, in compliance with the City's Platting Ordinance and under the plans and specifications approved by Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer has contracted with a professional engineer, Naismith Engineering, Inc., who were acceptable to the City's Development Services Engineer, which firm has prepared and obtained the January 22, 2008 approval of the City's Development Services Engineer for the Zahn Road Lift Station and Force Main Design Memorandum; which firm has also prepared detailed plans and specifications for the Zahn Road Lift Station and Force Mains, with the following basic design parameters: (1) LIFT STATION: (a) Lift station structure designed for ultimate capacity of 0.6 MGD, (b) Pump installation and design will be based on the following phasing with Developer installing Phase 1 as part of this Agreement: (I) Phase 1 Initial design Q = 121 GPM. (ii) Phase 2 acid force main capacity Q =277 GPM (iii) Phase 3 add Svc. Area 12 Bows Q =418 GPM or 0.6GPD. (2) DUAL SANITARY SEWER TRUNK FORCE MAINS: (a) Install 7,124 feet of 4" PVC and 1,400 feet of 4 "HDPE sanitary sewer force main line and appurtenances. (b) Install 7,124 feet of 6" PVC and 1,400 feet of 6" I-tDPE sanitary sewer force main line and appurtenances. (c) At the Packery Channel crossing, Install four (4) additional pipes in the existing channel crossing sleeve, each 1,400 feet long, three (3) of 8" HDPE, and one (1) of 2" HDPE, and appurtenances. Page 2 of 8 Trust Fund ReLmbAgrm ant - Zahn Road LS FM rjr -bcr 03022009 (2).doa —267— (d) The force mains described in subparagraphs (a), (b), and (c) of this paragraph will begin at the Zahn Road Lift station and end at an existing wastewater manhole located at a point across South Padre Island Drive (Park Road 22) designated by the City, where they will terminate at an existing manhole. The size of the force mains were dictated by the design as approved by the City of Corpus Christi. b. The plans and specifications for the lift station and dual force mains are those prepared by Naismith Engineering, Inc., under Job No. 7818, dated and sealed on June 5, 2008. 3. SITE IMPROVEMENTS. Prior to construction of the lift station and dual force mains , Developer shall acquire from General Land Office (for the Permanent School fund) the two sewer easements and from a private landowner one sewer easement to permit the dual force mains to be connected across Packery channel to the City of Corpus Christi Whitecap sewage collection system at a manhole located at a point adjacent to South Padre Island Drive (Park Road 22) as identified and directed by City of Corpus Christi. These easements will be granted to the City of Corpus Christi or upon City acceptance of improvements dedicated to the City of Corpus Christi, as instructed by the City. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance, if any. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer has taken bids for the work under the requirements of the City of Corpus Christi, and shall award a contract and complete the Lift station and force mains, under the approved plans and specifications, no later than 270 working days after the date of approval of this Agreement by the City of Corpus Christi (subject to extension for force majeure delays). 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this agreement. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to award a contract for the construction of the project, under the approved plans and specifications, by the 30th calendar day after the date of approval of this Construction and Reimbursement Agreement by City Council. 2. Developer's contractor does not reasonably pursue construction of the project under the signed bid documents accompanying the approved plans and specifications. 3. Developer's contractor falls to complete construction of the project, according to the approved plans and specifications, on or before 240 work days after receiving notice to proceed (subject to extension for force majeure delays). Page 3 of 8 Trust Fund ReimbRgrment - Zahn Raad LS FM rir -bcr 03022009 (2).doc —268— b, In the event of default, the City has all its common taw remedies in addition to the following: 1. Cancellation of this reimbursement agreement after notice and opportunity to cure as provided herein. • 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City shall be a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor far the construction of the project, before beginning the work, to execute to Developer and the City a performance bond If the contract Is in excess of $100,000 and a payment bond if the contract Is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be In the form and substance as attached to this agreement. The performance and payment bond must name Developer and City as joint obligees. 10. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: Forester (USA) Real Estate Group Inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: Wayne McDonald, Senior Vice President With copy to: Forester (USA) Real Estate Group inc. 6300 Bee Caves Road, Building Two, Suite 500 Austin, Texas 78746 Attn: General Counsel Page 4 of 8 Trust Fund RefrnbAgrmant - Zahn Road LS FM rjr -bcr 03022009 (2).doo —269— 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give written notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer commence to perform the obligation or duty within 25 days after receipt of such notice, and continue such performance with diligence, then no event of default shall be deemed to have occurred. c. But if Developer should fall to perform or commence to perform the required obligation or duty within 25 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. d. In the alternative, in the event of Developer's failure to cure or commence to cure any such breach within 25 days after receipt by Developer of a second notice in writing from City of the need to perform the obligation or duty, the City may terminate this agreement. e. If City has performed an obligation or duty of Developer, then Developer shall pay to City the cost of such performance within 30 days from the date Developer receives written notice and substantiation of the cost to City of such performance, 1. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. g. The provision for notice and cure contained in this agreement do not apply to a default under Section 7(a) of this agreement. h. The dates for completion of the lift station and dual force mains may be extended for each day that completion is delayed by inability to obtain labor or materials, weather making the work impracticable, acts of God, or other forces beyond the control of Developer (but not financial inability). These causes of delays are called "force majeure ", 11. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of the lift station and dual force mains for a period of one yearfrom and after the date of acceptance of the facilities by the Development Services Engineer. The. warranty must be assigned and transferred to the City upon completion of this project. Page5of8 Trust Fund RelmbAgrment - Zahn Road LS FM rjr -bcr 03022009 (2).doc —270— 12. REIMBURSEMENT a. Subject to availability of funds in the Sanitary Sewer Trunk System Trust Fund, and the appropriation of the funds by the City Council, the City will reimburse the Developer 100% of the cost of the sift station and dual force mains, including in the calculation of such cost, but not limited to the following items: The payments to a contractor for the construction and installation of the lift station and dual force mains, costs of permits and inspection fees, costs of design and construction inspection, costs of easements from General Land Office and private parties, and the costs of environmental permitting, but not including the costs of mitigation of Impacts. The costs to be reimbursed are those described on "Project Costs - Exhibit B" prepared by Naismith Engineering, Inc., and attached hereto. The City will, contingent on collection of sewer acreage and lot fees, continue to deposit funds into the Sanitary Sewer Trunk System Trust Fund consistently with past practices. b. If funds are available and appropriated during the construction of the lift station and dual force mains, the City agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursement of eligible costs will be made by the later of within 15 days from the date of invoice or 15 days from funds becoming available and appropriated. c. To be eligible for reimbursement, the work completed to date must comply with the approved plans and specifications, and have been inspected and are acceptable by the City, which inspection and acceptance will not be unreasonably delayed, withheld or conditioned. d. If funds are not available or appropriated until after the work has been completed, the City will reimburse the Developer when the funds are available and appropriated in the Sanitary Sewer Trunk System Trust Fund. The order of reimbursement of un- relmbursed developers will be determined according to the dates the sanitary sewer trunk system construction and reimbursement agreements are approved by the City Council. Only two projects, being Bahia Vista Subdivision Unit I and 37 Industrial Park, are currently beneficiaries of dates of reimbursement agreements approved by City Council which are earlier than the lift station and dual force mains which are the subject of this agreement. 13. INDEMNIFICATION. Developer shall Indemnify and hold harmless the City, its agents, officers, and employees (Indemnitees "J from all sults, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this lift station and dual force main construction. 14. DISCLOSURE OF OWNERSHIP INTEREST. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of Page 8of8 Trus Fund ReirnbAgrment -Zahn Road LS FM rjr -bcr 03022009 (2).doo —271— this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit „C„ 15. AGREEMENT EFFECTIVE. This agreement becomes effective and is binding upon and shall Inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date execution. EXECUTED IN DUPLICATE originals, this day of ATTEST: Armando Chapa City Secretary aAcii , 2009. THE CITY OF CORPUS CHRISTI By: / `ie (0644 ' ngeJ R. Escobar City Manager r APPROVED AS TO FORM: . day of illitr4 1 , 2009 By: R. Jay snip First ssistant City Attorney AUTHORIZEb 0 COUNCIL ....011210.1gfjjjJJ . SECREIAO' 111, THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on OupAA E , 2009, by 'Angel R. Escobar, City Manager, City of Corpus Christi', Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Pub , State of as Page 7 of 8 Trust Fund ReimbAgrment - Zahn Road LS FM rJr -hcr 03022009 (2).doc -272- DEVELOPER: FORESTAR (USA) REAL ESTATE GROUP INC. By: [N ME] [TITLE] THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on RMA - 1 q ►� , 2009, by joy!.i rt IV-et/wick Senior Vice President of Forestay (USA) Real Estate Group Inc., a Deraware corporation on behalf of the corporation d✓ Notary Public, State of Texas Re gY6, SOP 1IA A4 WILCOX , 1 Notary Pablia, Stale of Texas Q r My Commission Dr res MARCIH 20, 2010 �4NU[414I1� Page 8 of S Trust Fund ReimbAgrrnant - Zahn Road LS FM rjr -tsar 030220D9 (2),doc -273- Project Costs Exhibit 13 Title; Zahn Road Lift Station & Force Main NEI #: 7818 Date Award: Original Contract Amount: Total Change Order Amount: Adjusted Contract Amount: September 2, 2008 82,457, 890.25 $0.00 $2,457,890.25 NEE Engineer: Craig 13, Thompson, P.E. NEI Contact: Thomas Tiffin Date Contract Commenced: Original Contract Days; Change in Contract Days: Adjusted Contract Days: Date: Inspected By: 240 0 240 Naismith Eng ineerinXYne 4501 Gd9hu Road Coma Christi, Tx 7811 36(414.0900 Fag 35141.1-4401 Working Days Working Days Working Days Owner: The Preserve at Mustang Island, L.L.C. Contact: Barrett Allison 1300 S. Maim Expressway Austin, Texas 78746 Phone: (512) 422 - 2209 Address: Contractor: Big State Excavation Contact: Gary Meurer Address: PO Box 260297 Corpus Christi, Texas 78410 Phone: (361) 537 - 5013 Page t of 2 —274— A. AMOUNT OF ORIGINAL CONTRACT ITEMS COMPLETED TO DATE: 1/4"1 Station 176.01 N0 aLSCR[PTI4N QUANTITY UNIT QUANTITY COMPLETE CONTRACT UNIT PRICE TOTAL can I Stabilized Construction Entrance & Exit 1 EA 1 $2,000.00 $2,000.01 2 Reinforced Filter Fabric Fence 333 LF 333 $2.00 $666.01 3 Hay Bales 1 LS 1 $1,000.00 $1,000.01 4 Site Clearing and Stripping 0.32 AC 0.32 83,000.00 $960,01 5 Site Grading 1 LS 1 $3,000.00 $3,000.01, 6 Lift Station and Appurtenances 1 LS l 8580,000,00 $580,000.01 7 Dewatering / Well Pointing for Lift Station. and Appurtenances Installation I LS 1 $50,000.00 $50,000.01. 8 Odor Control I LS 1 $140,000.00 $140,000.01 9 8" Gravity Sanitary Sewer 110 LF 1 i 0 $140.00 815,400.01 10 8" End Plug 2 EA 2 8100.00 $200.0+ 11 12" Gravity Sanitary Sewer 70 LF 70 $160.00 $11,200.01 12 Sanitary Sewer Fiberglass Manhole 5' Diameter a 19'- 21'Depth 1 EA 1 $20,000.00 $20,000,01 13 Tie to Public Sanitary Sewer Manhole Stub Out 1 LS 1 $2,500,00 32,500,01 14 Dewatering / Well Pointing for Sanitary Sewer Gravity Line Installation 1 LS 1 $1,000.00 $1,000.01 15 Trench Safety 200 LF 200 , $15.00 $3,000.01 16 PVC Pressure Pipe - 4" 130 LF 130 $20.00 $2,600.01 17 Dual Water Service Connection 1 EA 1 $2,500.00 $2,500.01 18 Connection to Existing 8" Water Pipe 1 LS 1 $2,500.00 32,500.01 19 Crushed Limestone an Landscape Fabric - 6" 1 LS 1 $10,000.00 $10,000.01 20 Reinforced Concrete pavement - 5" 208 SY 208 $130.00 $27,040.01 21 HMAC Pavement Re.airfor Street 1rn.rovements 7 SY 7 $275.00 $1925.01 22 Cantilever Gate with Card Reader.:..,.: _ . . l LS 1 $32,000.00. ._, $32,000.01 23 Concrete Masonry Wail with Footing 197 LF _ 197 $500.00 898,500.01 24 SCADA RTU Panel for Two Pump Lift Station w/ Flow by Rabelais Instrument & Electrical 1 -- -- LS - ------ • 1 -. --- .._ ... - $35,000.00 .. - -..... . .... 335,000,01 _..............__ . - -- Constructors— Page t of 2 —274— Titte: Zahn Road Lift Station & Force Main NEI #: 7818 Farce Main ITEM NC. 25 Reinforced Filter Fabric Fence 26 Straw Bale Fence (Force Main) 27 4" PVC AWWA C900 -DR18 -150 ' si Force Main 4" HDPE - 150 , si Force Main 4" PVC AWWA C907 C1ass150 Fittings 11.11l'11111 4" Air Release Valve 6" PVC AWWA C900- DR18.150 .si Force Mein 6" HDPE -150 , si Force Main. UESCRIPrION QUANTITY MEM 33 6" PVC AWWA 0907 Class150 Fittin - MD. 6" Air Release Valve 111/11 Puke Channel Casin: Connection 36 37 8" HDPE - 150.ai Pi.a "A" 7 124 1 400 13 3 1,400 13 UNIT LF LS LF EA EA QUANTITY COMPLETE 4,605 1 7,124 LF MIMI EllffillEMINNIMINEE ina 1400 • X11 1,40#1 El 1400 1 400 LF 1,400 .II $22400.01 1 $2,600.01 13 3 7,124 CONTRACT UNIT TRICE $2.00 $200.00 $18.00 $5.00 $400.00 $4,000.00 $21.00 $9.00 $450.00 TOrALcOST $9210,0I $200,00 $128 232.0 $7 000.0 $5 200.0 $12000,01 $149 604.01 $12 600.0 $5 850.0 1400 $22,400.01 ITCH NO QUANTl7Y COMPLETE TOTALCOSI QUANTITY QUANTITY COMPLETE 100% To +o: aIhicSurve .0964fConsrrucrionCosy 48 Construction Administration 99 Testing (Geotechn►eal) 50 Storrn Water Pollution Prevention Plan (WPPP 51 Traffic Control Plan (TC' 52 Co . s of Bn_ ineers Permit Beachfront Construction Certificate TxDOT - Uili Permit 1 00% 1 00% 100% 100% CONTRAcT War PRICE 111 $16 666.77 1111 000.00 $8,000.00 000.00 $3 000,00 TOTALCO3T $125 000.7 $33,333,5 $16,666.7 $16,666.7 $7,500.01 000.00 000,00 000.00 $6 000.0 ®Easement Ac ' uisition Administration ROW Surv= in Parcel Descriutions, & Ma is 56 Pro'ect Conk ene Page 2 of 2 -275- $117 042.39 $117 042,3 col MOTION 03/31/09 1 As . 011[ 8°.JL`tSArd fite 7. Motion approving the Sanitary Sewer Trunk Fo � � .10in AO Lift Station Construction and Relmbursement Agreement submitted by This Preserve at Mustang Island, LLC, owner and developer of Tortuga Dunes Subdivision for the Installation of Zahn Road Master Plan Lift Station with eight -foot diameter wet well, 8,376 - linear feet of a four -inch and six -inch PVC dual force main, and related appurtenances; at a cost not to exceed $2,457,890,25. ATTEST: a1.1.L r ig 1 �l Armando Chapa, Ciiy Secretary eruy Ga ► et ., ayor City of Corpus Christi M2009 -078 Ordinance appropriating $650,000.00 from the Sanitary Sewer Trunk System Trust Fund No. 540450 - 21800 -4220 to pay the Preserve at Mustang Island, LLC, for the construction . and installation of a master plan lift station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -Inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1.. That $650,000.00 is appropriated from the Sanitary Sewer Trunk System Trust Fund No. 540450 - 21800 -4220 to pay The Preserve at Mustang Island, LLC, for completion of the construction and installation of a Master Plan Lift Station with 8 -foot diameter wet well, 8,376 linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, located east of State Highway 361, south of Zahn Road, as in accordance with the Sanitary Sewer Trunk Force Main and Lift Station Construction Reimbursement Agreement approved by Council on the 31st day of March, 2009 (M2009- 0.78); Signatures page follows. That the foregoing o nance was r ad for the first time and passed to its second reading on this the (D day of R eq. fA'jLQJZ) , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick ai3,6s4- Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry R. Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form only: November 22, 2011 Carlos Valdez, City Attorney eborah Walther Assistant City Attorney K:1 Legal \SHAREDILEGAL- DEV,SVCS12011 AgendalMustang Island, LLC, Preserve at\11 -22 -2011, ORD, Approp, Preserve at Mustang Island Master Plan Lift Station, DWBFinal.doex Page 2 oft —278— 28 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 11/21/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Interim Director, Department of Development Services StephenD@cctexas.com (361) 826 -3246 Use Privilege Agreement with Pietsch Realty Investments to use a 4' x 20' section (80 square foot portion) of public City sidewalk along the Lawrence Street public right -of -way. CAPTION: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right -of -way as an outdoor seating space, in consideration of $560.00, a one -time use privilege fee; subject to compliance with the specified conditions. BACKGROUND AND FINDINGS: Kendall Erosion Control Services, ( "APPLICANT ") on behalf of the Aria Sky Terrace, ( "LESSEE ") who is leasing the property from Pietsch Realty Investments, LLC., ( "OWNER & PERMITTEE "), is requesting the Use Privilege Agreement (UPA) to use a section of public City sidewalk along Lawrence Street as a smoking area. The Owner of Aria Sky Terrace is constructing a second -level outdoor deck. The building does not have an elevator that would allow persons with disabilities to access this second -level outdoor area. Lessee is proposing a first -level outdoor area as a method to meet Texas Accessibility Standards. The existing building was built to the property lines with zero setbacks, and the site does not allow space for a first -level deck to be built within the dimensions of the Aria Sky Terrace's premises. For this reason, the Lessee has requested the UPA to use the existing public right -of -way sidewalk as a first -level outdoor smoking area as part of its premises during its hours of operation. Since the UPA is tied to real property, the UPA is made with the Owner, Pietsch Realty Investments, LLC., and not the Lessee, Aria Sky Terrace Lounge. Staff recommends approval of the UPA. Staff further recommends that the Owner pay a one -time UPA fee of $560.00 for the use a 4' x 20' section (80 square foot portion) of public City sidewalk along the Lawrence Street right -of -way, prior to the Use Privilege request going to City Council. ALTERNATIVES: This request is citizen driven, as such the only alternative is to deny the citizen's request. City Council Executive Summary Memorandum Pietsch Realty investments, LLC Page 2 OTHER CONSIDERATIONS: Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement to use a 4' x 20' section (80 square foot portion) of public City sidewalk along the Lawrence Street public right -of -way, to be used as a smoking area. CONFORMITY TO CITY POLICY: City Charter Article 1X, Section 1, requires City Council approval for use of any portion of public right -of -way for private purposes. EMERGENCY / NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the city departments or franchised utility companies had any facilities within the utility .easement or objections regarding the proposed Use Privilege Improvements. 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 If k Comments: N/A RECOMMENDATION: City staff recommends approval by City Council and issuance of the ordinance, subject to the $560.00 one- time UPA fee and the conditions of the Use Privilege Agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance, Exhibits, and Use Privilege Agreement Approvals: Deborah Brown, Assistant City Attorney Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager KAIDEVELOPMENTSVCSSSPECIAL SERVICESSWILLIE MEDINAIUSE PRIVILEGE AGREEMENTSIARIA SKY TERRACE LOUNGE - 326 N. CHAPARRAL ST\E7CECUTIVE SUMMARY AGENDA MEMO (10- 11.11).DOCX —282— peopLes sr RETAMA 04/1 Oil Prepared Es CRR .pa ern ofDeve(oproonrS /vices ARIA SKY TERRACE LOUNGE CHANNEL Carpus Christi Bay USE PRIVILEGE AGREEMENT SUBJECT PROPERTY QNJ:S -283- Ordinance authorizing the City Manager, or his designee, to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right -of- way as an outdoor seating space, in consideration of $560.00, a one- time use privilege fee; subject to compliance with the specified conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a Use Privilege Agreement (UPA) with Pietsch Realty Investments, LLC, Owner and Permittee, granting and conveying the use privilege of a 4' x 20' section (80 square foot portion) of public city sidewalk right-of-way as an outdoor seating space, located adjacent to 326 N. Chaparral Street, Corpus Christi, Texas, in consideration of $560.00, a one -time Use Privilege Fee; SECTION 2. That the Use Privilege granted in Section 1 of this ordinance is subject to the following five (5) conditions: 1. Permittee shall pay $560.00, a one -time Use Privilege Fee. 2. With regard to the seating space located within the use Privilege Area: a. Permittee must provide a minimum thirty -six inch (36 ") clearance between the existing parking meters and any tables . or chairs located within the overall nine foot eight inch (9'- 8 ") width area of the sidewalk. b. Permittee must provide a minimum door way turn clearance of sixty inches (60 "), in compliance with the American Disabilities Act (ADA). c. Permittee shall comply with all applicable Federal, State, County and City laws and ordinances, specifically including those regarding ADA compliance and those applicable to smoking areas, if the Use Privilege Area is used for such a purpose. d. Permittee shall not place any tables or chairs in the Use Privilege Area other than during the hours of operation of the business. No tables, chairs, other equipment or material may be stored or left in a City right -of -way overnight, except as specifically authorized by the City Manager. 3. Permittee shall comply with any and all conditions and provisions as set out in the Use Privilege Agreement. That the foregoing ordinance ti as read r the first time and passed to its second reading on this the J. day of 'Vi , 20 / 1 , by the following vote: Joe Adame Chris Adler Larry Eiizondo, Sr. Kevin Kieschnick Priscilla G. Leal ,OLvy (4'-`vP bik afr-vz- David Loeb John E. Marez Nelda Martinez at, Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal APPROVED AND PASSED on this ATTEST: Armando Chapa, City Secretary day of , 2011. Joe Adame, Mayor, City of Corpus Christi APPROVED AS TO FORM: This 215t day of November, 2011 Carlos Valdez, City Attorney eborah Walther Br Assistant City Attar K:l LegallSHAREDILEGAL .- DEV.SVCS12011 AgendalAria Night ClublOrdinence DWSFinal.docx —285— Page 2 of 2 USE PRIVILEGE AGREEMENT THE STATE OF TEXAS § COUNTY OF NUECES § THAT the City of Corpus Christi ( "CITY "), a Texas Home Rule Municipal Corporation, acting through its duly authorized City Manager, Ronald L. Olson, in accordance with Article IX, Section 1 of the Corpus Christi City Charter, and in consideration of Five Hundred and Sixty Dollars ($560,00), paid by Pietsch Realty Investments, LLC., the owner of 326 N. Chaparral Street, Corpus Christi, Texas, and permittee herein, ( "PERMITTEE "), whose business office is located at 4938 South Staples, Corpus Christi, Texas, the receipt of which is acknowledged, has granted and conveyed and by these presents does grant and convey, upon the conditions hereinafter stated, unto said PERMITTEE ', a use privilege for the right to use an area that is a 4' x 20' section (80 square foot portion) of public CITY sidewalk right -of -way as an outdoor seating space (hereinafter "USE PRIVILEGE AREA "), located adjacent to 326 N. Chaparral Street, within the CITY, Nueces County, Texas. (See Exhibit "A" for Site Map and Exhibit "B" for Site Plan, attached and incorporated); - TO HAVE AND TO HOLD the same unto PERMITTEE, its successors and assigns, together with the right under these conditions, at any time to enter upon the above described CITY sidewalk right -of- -way, also known as the USE PRIVILEGE AREA, to repair or maintain said area and it is further understood that the use privilege of the area is granted subject to PERMITTEE'S compliance with the following conditions: A. This Use-Privilege Agreement, (hereinafter "AGREEMENT "), may be revoked at any time upon the giving of 60 days notice in writing by the CITY'S City Manager, or designee (hereinafter "CITY MANAGER "). B. Once approved by the PERMITTEE and thereafter the CITY MANAGER, this AGREEMENT is for a term of one year, and automatically renews annually, unless either the CITY or PERMITTEE gives written notice of termination to the other party at least 60 days before the end of each annual term. C. PERMITTEE shall not assign this AGREEMENT without the CITY MANAGER'S prior written consent. Any appropriately approved assignment of this AGREEMENT to any tenant of PERMITTEE, or other successor or assign, shall cause all terms and conditions of this AGREEMENT to become binding upon said tenant, successor or assign. 1 All references herein to PERMITTEE include PERMITTEE'S contractor(s), agent(s) and employee(s), if applicable. Use Privilege Agreement Pietsch Realty Investments Page 2 of 8 D. With regard to the seating space located within the USE PRIVILEGE AREA: 1. PERMITTEE must provide a minimum thirty -six inch (36 ") clearance between the existing parking meters and any tables or chairs located within the overall nine foot eight inch (9'- 8 ") width area of the sidewalk. 2. PERMITTEE must provide a minimum door way turn clearance of sixty inches (60"), in compliance with the American Disabilities Act (ADA). 3. PERMITTEE shall comply with all applicable Federal, State, County and City laws and ordinances, specifically including those regarding ADA compliance and those applicable to smoking areas, if the USE PRIVILEGE AREA is used for such a purpose. 4. PERMITTEE shall not place any tables or chairs in the USE PRIVILEGE AREA other than during the hours of operation of the business. No tables, chairs, other equipment or material may be stored or left in a CITY right -of -way overnight, except as specifically authorized by the CITY MANAGER. E. As this USE PRIVILEGE AREA is in full view of public, it shall be maintained in a neat and orderly fashion, without visible trash or other unsightly debris. F. PERMITTEE shall acquire and maintain commercial general liability insurance pertaining to the USE PRIVILEGE AREA and the activities related to the USE PRIVILEGE AREA authorized by this AGREEMENT, in the minimum amounts set forth in the attached and incorporated Exhibit C. The General Liability policy shall name the CITY as Additional Insured. Upon CITY MANAGER'S written request, OWNER shall provide copies of all insurance policies to the CITY Attorney. Such policies may not be canceled, renewed, or materially changed without ten days advance written notice to the CITY MANAGER. G. Should construction become necessary for the proposed use of the USE PRIVILEGE AREA, construction plans and specifications for all proposed work shall be submitted to the CITY MANAGER for approval prior to beginning the construction process. The plans shall show the depth and location of the proposed construction and distances from any existing water, storm water, wastewater and gas lines. PERMITTEE shall also comply with any other laws and ordinances applicable to construction in the CITY, including obtaining all required permits. H. Prior to the start of any approved construction, PERMITTEE shall require its contractor and each subcontractor provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit C. Additionally, PERMITTEE shall require its contractor and each subcontractor indemnify the K: \Legal\SHARED \LEGAL- DEV.5VC5 \2011 Agenda\Aria Night Club \11- 7- 11UPA.DWBFinal.doc —28?= Use Privilege Agreement Pietsch Realty Investments Page 3 of 8 CITY, its officers, employees and agents in the same manner that PERMITTEE has provided indemnification to the CITY. I. PERMITTEE shall provide all necessary and proper safety devices so as to prevent injuries or accidents, in as much as possible. J. At least 48 hours prior to beginning any approved construction, PERMITTEE shall contact 1 -800- DIG -TESS and the Lone Star Notification Center (1 -800- 669- 8344). Additionally, at least 48 hours prior to beginning any approved - construction, PERMITTEE shall give notice, and verify depth and location of communication lines and /or communication fiber optic cables, whichever are applicable, for the following: • CITY Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT &T); • CenturyTel; • Time Warner; • Grande Communications; • Any and all other certified telecommunications providers; A CITY inspector may request a utility line be uncovered to verity its depth or location. K. Any construction process and use of the USE PRIVILEGE AREA by PERMITTEE shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement, by the CITY or any of its franchisees, of any existing or future proposed sidewalks, utility lines, or other uses. If CITY, or any franchisee with utilities currently located in said right -of- way, needs access to the right -of -way, PERMITTEE shall pay for removing or relocating the USE PRIVILEGE AREA to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The PERMITTEE shall repair the USE PRIVILEGE AREA to its original condition or cease to use the USE PRIVILEGE AREA, at which time this AGREEMENT terminates immediately. L. Traffic Engineer Requirements, if applicable: 1. At least 48 hours prior to commencing approved construction, the PERMITTEE shall file and obtain approval for, a traffic control plan with the CITY'S Traffic Engineer. No closure or barricading of a public right -of- way or any portion of a public right -of -way shall occur before approval of the traffic control plan, and if applicable, approval of a detour or barricade plan, has been obtained from the CITY'S Traffic Engineer. K:\ Legal \SHARED\LEGAL- DEV.SVCS\2011 Agenda\Aria Night Club \11 -7_1 L y,DWBFinal.doc Use Privilege Agreement Pietsch Realty Investments Page 4 of s 2. Should PERMITTEE require a trench, pit or the like be dug during approved construction, the PERMITTEE shall file and obtain approval for barricading said trench, pit. or the like, in accordance with the Texas Manual on Uniform Traffic Control Devices, from the CITY'S Traffic Engineer. (See paragraph "R." for additional requirements regarding trench(s), pit(s) and the like.) M. lf, as determined by the CITY MANAGER, damage occurs to any gas, water, storm water, or wastewater line, PERMITTEE shall allow CITY employees of the CITY Gas, Water, Storm Water or Wastewater Division immediate access to make all repairs. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the CITY MANAGER. All costs of the CITY associated with said damage and repair, including labor and materials, shall be paid by PERMITTEE within 30 calendar days of the CITY MANAGER'S invoice thereof. N. Should construction become necessary near existing water or wastewater lines, PERMITTEE shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. 0. If any approved work is conducted near any existing water main it shall be done under the inspection of a CITY Inspector at a daily rate of three - hundred, ten dollars and thirty -five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal, or replacement of the USE PRIVILEGE AREA. A half -day, four hours or more of work, constitutes a whole working day for purpose of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or Holidays, shall be calculated at a daily rate of fifty -eight dollars and eighteen cents ($58.18) per hour. These funds shall be paid to the appropriate CITY Department within 30 calendar days of the CITY MANAGER'S invoice thereof. These amounts will be adjusted annually on August 1 to reflect any pay increase. P. At any and all times, PERMITTEE is responsible for the repair and maintenance of the USE PRIVILEGE AREA, including any costs associated with said repair and maintenance. Should damage occur to the USE PRIVILEGE AREA, regardless of the type of damage, within 30 calendar days of notice by the CITY MANAGER, PERMITTEE shall repair the damage. Failure to do so terminates this AGREEMENT immediately. Q. PERMITTEE shall repair or cause to be repaired any damage to driveways, culverts, head walls, landscaping, sidewalks, curbs and gutters, and any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, . repair, removal, replacement or operation of the USE PRIVILEGE AREA. K: \Legal \SHARED \LEGAL- DEV.SVCS\ Nil Agenda \Aria Night Club \11- 7- 11U2�$�9PA.DWBFinal.doc Use Privilege Agreement Pietsch Realty Investments Page 5 of 8 R. If a trench, pit or the like is required during approved construction, no trenches, pits or the like, other than bore pits, shall be left open overnight, except as specifically authorized by the CITY DEVELOPMENT SERVICES ACM. Bore pits shall not be allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits or the like, other than b ore pits, shall be backfilled promptly and in accordance with the current CITY standards and specifications and /or as per the CITY Inspector's request. All trenches, pits and the like, including bore pits shall be barricaded in accordance with the Texas Manual on Uniform Traffic Control Devices as approved by the CITY'S Traffic Engineer [See paragraph "L.(2)." for additional requirements regarding trench(s), pit(s) and the like.] S. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made according to current CITY standards and specifications and /or as per the CITY Inspector's request. T. The CITY shall cause this AGREEMENT to become effective upon date of execution by the CITY MANAGER, as indicated below. U. INDEMNIFICATION. 1 OWNER/PERMITTEE, ITS OFFICERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, AND LICENSEES, (HEREINAFTER CALLED "PERMITTEE" FOR PURPOSES OF THIS SUBPARAGRAPH ), SHALL FULLY 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, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS, OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE PROPERTY UNDER THIS AGREEMENT, INCLUDING SAID INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE. INDEMNITEES OR ANY OF THEM. PERMITTEE SHALL, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO INDEMNITEES AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. K:\ Legal \SHARED \LEGAL- DEV.5VC5 \2011 Agenda \Aria Night Club \11- 7_1Mmu,bqnal.doc Use Privilege Agreement Pietsch Realty Investments Page 6 of 8 2. EXCEPT AS OTHERWISE EXPRESSLY LIMITED BY THIS AGREEMENT, IT IS THE INTENT OF THE PARTIES TO THIS AGREEMENT THAT ALL INDEMNITY OBLIGATIONS AND LIABILITIES ASSUMED UNDER THE TERMS OF THIS AGREEMENT BE WITHOUT MONETARY LIMIT AND WITHOUT REGARD TO THE CAUSE OR CAUSES, INCLUDING PRE - EXISTING CONDITIONS. THE INDEMNITY CONTAINED IN THIS SUBPARAGRAPH U. APPLIES, WITHOUT LIMITATIONS, TO ANY VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW IN EFFECT DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS, AND ANY AND ALL MATTERS ARISING OUT OF ANY ACT, OMISSION, EVENT OR CIRCUMSTANCE EXISTING OR OCCURRING DURING THE TERM OF THIS AGREEMENT, INCLUDING ANY EXTENSIONS,(INCLUDING WITHOUT LIMITATION THE PRESENCE ON THE PROPERTY OR RELEASE FROM THE PROPERTY OF HAZARDOUS SUBSTANCES OR SOLID WASTE DISPOSED OF OR OTHERWISE RELEASED PRIOR TO THE RELEASE DATE), REGARDLESS OF WHETHER THE ACT, OMISSION, EVENT, OR CIRCUMSTANCE CONSTITUTED A VIOLATION OF ANY APPLICABLE ENVIRONMENTAL LAW OR REGULATION AT THE TIME OF ITS EXISTENCE OR OCCURRENCE. THE TERMS "HAZARDOUS .SUBSTANCE" AND "RELEASE" SHALL HAVE THE MEANINGS SPECIFIED IN COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 ( "CERCLA "), AS AMENDED, AND THE TERMS "SOLID WASTE" AND "DISPOSED" SHALL HAVE THE MEANINGS SPECIFIED IN RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( "RCRA "), AS AMENDED; PROVIDED, IN THE EVENT EITHER CERCLA OR RCRA IS AMENDED SO AS TO BROADEN THE MEANING OF ANY TERM DEFINED BY THOSE ACTS, SUCH BROADER MEANING SHALL APPLY SUBSEQUENT TO THE EFFECTIVE DATE OF SUCH AMENDMENT AND PROVIDED FURTHER, TO THE EXTENT THAT THE LAWS OF THE STATE OF TEXAS ESTABLISH A MEANING FOR "HAZARDOUS SUBSTANCE," "RELEASE," OR "SOLID WASTE," OR "DISPOSAL" WHICH 1S BROADER THAN THAT SPECIFIED IN EITHER CERCLA OR RCRA, SUCH BROADER MEANING SHALL APPLY. 3. IF ANY SUBSTANCES DISCHARGED BY THE PERMITTEE OR ANY SUBSTANCES THAT RESULT FROM THE COMBUSTION OF SUBSTANCES DISCHARGED BY THE PERMITTEE, WHETHER THE SUBSTANCES ARE DISCHARGED FROM THE PROPERTY OR AREAS ADJACENT TO THE PROPERTY, FALL INTO OR OTHERWISE ENTER ANY OF THE CITY'S WASTEWATER TREATMENT WORKS AND INTERFERE WITH THE TREATMENT PROCESS OR CAUSE THE EFFLUENT PRODUCED BY THE TREATMENT WORKS NOT TO MEET THE STANDARDS FOR EFFLUENT AUTHORIZED UNDER THE CITY'S K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club \11 -7 -UPA .DWBFinal.doe Use Privilege Agreement Pietsch Realty Investments Page 7 of 8 CURRENT PERMITS FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR TEXAS NATURAL RESOURCE CONSERVATION COMMISSION, THE PERMITTEE SHALL FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, AND EMPLOYEES AGAINST ANY AND ALL CIVIL AND ADMINISTRATIVE PENALTIES AND CRIMINAL FINES THAT RESULT FROM THE DISCHARGE OF EFFLUENT THAT DOES NOT MEET THE TERMS OF THE CITY'S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT OR TEXAS POLLUTION DISCHARGE ELIMINATION SYSTEM PERMIT AND SHALL BEAR ALL COSTS INVOLVED WITH BRINGING THE ' BROADWAY WASTEWATER TREATMENT PLANT BACK INTO COMPLIANCE WITH ITS PERMITS. EXECUTED IN DUPLICATE originals this day of , 20 Acceptance Todd Pietsch, Manager of Pietsch Realty Investments, LLC, on behalf of Pietsch Realty Investments, LLC, hereby accepts the above AGREEMENT and its terms and conditions and further agrees to keep and perform the conditions imposed by said AGREEMENT and to be bound by all terms of same. By: Pietsch Realty Investments, LLC 4938 South Staples Corpus Christi, Texas 7841 'f Todd Pietsch, Manager Acknowledgement THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on (16 Ucuiltbm, 1 , 2011, by Todd Pietsch, Manager, on behalf of Pietsch Rea ty Investments, LLC, a limited liability corporation. LESLIE MESSER Notary Public STATE OF TEXAS My Comm. Exp. Feb. 17, 2015 I45 tary Public State of Texas K: \Legal \SHARED \LEGAL- DEV.5VC5 \2011 Agenda \Aria Night Club \11- 7_11e2DWBFinal.dot Use Privilege Agreement Pietsch Realty investments Page 8 of 8 Attestation IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa Ronald L. Olson City Secretary City Manager Acknowledgement THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 20 by Ronald L. Olson, City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. Notary Public State of Texas Legal Approval APPROVED AS TO LEGAL FORM this day of/ of/L/0017b2, 20 1/ Carlos Valdez City Attorney By: z ;0" ( Deborah Walther Brown Assistant City Attorney For City Attorney K: \Legal \SHARED \LEGAL- DEV.SVCS \2011 Agenda \Aria Night Club\11- 7- n,DWBFinal.doc ARIA SKY TERRACE CNANNEI. Corpus Christi Say USE PRIVILEGE AGREEMENT SUBJECT PROPERTY EXHIBIT A LOCATION MAP LAWRENCE STREET CR.O.W) IV 1 le ' co [E� TO INTERSECTION OF LAWRENCE & CHAPARRAL 5-8' OVER ALL WIDTH OF SIDEWALK 9.-8' 20' AREA TO BE USED UNDER USE PRIVILEGE AGREEMENT DPI EXISTING BUILDING SCALE I /4'= t EXHIBIT B 168' TO INTERSECTION OF v� LAWRENCE & N. WATER EXHIBIT C INSURANCE REQUIREMENTS PERMITTEE`S LIABILITY INSURANCE A. Permittee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Permittee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Permittee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation, non - renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Form 2. Premises – Operations 3. Underground Hazard 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractor $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY — OWNED, NON -OWNED OR RENTED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 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. • • II. ADDITIONAL REQUIREMENTS A. Permittee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. B. Permittee's financial integrity is of interest to the City; therefore, subject to Permittees right to maintain reasonable deductibles in such amounts as are approved by the City, Permittee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Permittee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with ari A.M. Bests rating of no less than A- (VII). The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Permittee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Permittee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Permittee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not Tess than ten (10) calendar days advance written notice for nonpayment of premium. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Permittee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract, F. In addition to any other remedies the City may have upon Permittee'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 Permittee to stop work hereunder, and /or withhold any payment(s) which become due to Permittee hereunder until Permittee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Permittee may be held responsible for payments of damages to persons or property resulting from Permittee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Permittee's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract, I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. Use Privilege Agreement (UPA) ins. req. 9 -14 -10 ep Risk Mgmt. 29 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: gI7/2011 TO: Ronald L. Olson, City Manager FROM: Larry Bias, Program Manager LarryB@octexas_com 361 -626 -4602 Animal Control Amendment of Ordinance For the placement of microchips in impounded animals. CAPTION: Agenda Item: Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment device; providing for severance; providing for penalties, providing for an affective date; and providing for publication. BACKGROUND AND FINDINGS: in updating the ordinance regarding Chapter 6, Section 6 -103, Entitled "IMPOUNDMENT'- For the placement of a microchip in a redemption impoundment animals will allow Animal Control to track repeat offenders of loose animals and help find owners of lost pets. ALTERNATIVES: NIA OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Council approval required to update ordinances EMERGENCYLNONwEMERGENCY: Non- Emergency DEPARTMENTAL CLEARANCES: Animal Control Legal Department 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 $4000 $4000 BALANCE . Fund(s): Comments: $4000 in operating expense is to purchase microchips RECOMMENDATION:, Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Approvals: Elizabeth Hundley, 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 Ordinance amending the Code of Ordinances, Chapter 6, Section 6- 103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for severance; providing for penalties; providing for an effective date; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Code of Ordinances, Chapter 6, Animal Care and Control, Article V, Animal and Rabies Control, Section 6 -103, entitled "Impoundment," is revised by requiring an animal released from impoundment to have a microchip and providing for payment of the device by the impounded animal's owner, and amending the section to read as follows: "ARTICLE V. ANIMAL AND RABIES CONTROL * * * "Sec. 6 -103. Impoundment. °(a) * * * * * * "(d) Redemption. "(1) Impoundment fee: * * * "(2) Boarding charge, "(3) Rabies vaccination charge. "(4) City registration charge. "(5) Microchip charge. All charges associated with placement of a microchip, unless the animal currently has an active microchip. "(e) Redemption—special circumstances. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3, Corpus Christi Zoning Ordinance. SECTION 4. The provisions of this ordinance are effective on and after January 1, 2012. SECTION 5. 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. EHord329 ACS Microchip 201110/2 Page 2 of 3 —304— The foreg ( ing ordinanc was read fob�' the fir,st time and passed to its second reading on this the D day of DQC� VY\ fA, , 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott The foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John E. Marez Larry Elizondo Nelda Martinez Kevin Kieschnick Mark Scott Priscilla G. Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary APPROVED as to form: Elizab R. Hundley Assis nt City Attorney for the City Attorney Joe Adame Mayor EHord329 ACS Microchip 20111012 Page 3 of 3 -305- 30 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: November 10, 2011 TO: FROM: Ronald L. Olson, City Manager Herb Canal`; Library Director Authorizing and interlibrary loan service fee. CAPTION: Ordinance amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; providing for severance: and providing for publication. BACKGROUND AND FINDINGS: The state has been funding interlibrary loan service for the past 40 years through grants to ten major resource center public libraries which processed transactions for libraries in defined service areas. Corpus Christi has served as headquarters for a 26- county area in South Texas during this time. As of November 30, 2011 the state is discontinuing the interlibrary loan program. The state will continue to provide some support and Corpus Christi will receive about $18,000 annually for online and courier services (covering mainly Texas) to support service for Corpus Christi, Texas, and out of state residents. Those funds will be paid directly by the state to the service providers. To offset program costs the state allows certain fees to be established, specifically for local and out of state, but not non -local Texas residents. In order to maintain accreditation with the state, Corpus Christi needs to continue participation in the program. Accreditation allows Corpus Christi residents to have access to state funded commercial databases which have a cost avoidance value (i.e., the cost Corpus Christi would incur subscribing on its own) of $703,000. The proposed fees are proposed to take effect January 1, 2012: $2.75 for local residents, the maximum allowed by the state in a state subsidized arrangement; $15 for out of state residents; the actual amount charged by another library (mainly out of state) would also be authorized to be passed on to a Corpus Christi resident. The state does not mandate a fee for out of state residents; $15 was chosen at this point, The fees are intended to cover staff and mailing costs. ALTERNATIVES: None, other than choosing not to participate and forfeit the state subsidy of $18,000 per year, and losing state accreditation. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms with City policy as to adoption of fees. EMERGENCY! NON-EMERGENCY: None emergency —309 -- DEPARTMENTAL CLEARANCES: Management and Budget, and Finance FINANCIAL IMPACT: Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered Expended Amount This item BALANCE una(s): Comments: There will be a small amount of revenue associated with this new fee, no more than $2,000.00. The department will be able to absorb any associated expenditure for the remaining of this fiscal year. A new account in the general fund no.1020 is being established for this new revenue. The account number is 309715 — Interlibrary Loan Fees. RECOMMENDATION: Click here to enter text. LIST OF SUPPORTING DOCUMENTS: Ordinance amending Section 2 -79 of the code of Ordinances Approvals: Brian Narvaez, 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 Page 1 of 2 Ordinance amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; providing for severance; and providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 2 -79 of the Code of Ordinances is revised to read as follows: "Sec. 2-79. Fees. Interlibrary service fees: "1:11 Residents of the city, per item. $2.75 121 Nonresidents of the state, per item :..... $15.00 "Residents of the city will also be charged for the full cost of anv fees assessed by the lending library." SECTION 2. The interlibrary loan service fee established in Section 1 of this Ordinance shall take effect on January 1, 2012. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this Ordinance, for it it's the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose, Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Page 2 of 2 That the foregoing F7nance wa read forte first time and passed to its second reading on this the day of DQe p 2011, by the following vote: Joe Adame Chris N. Adler Larry Elizondo, S Kevin Kieschnick Priscilla Leal David Loeb John Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame David Loeb Chris N. Adler John Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED, this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED: q day of LtA 0 , 2011: L. Bria Nary =ez Assistant City Attorney For City Attorney AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/1/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Business Support Services StephenD @cctexas.com (361) 826 -3568 Motion to Amend Prior to Second (2nd) Reading the Sustainability Ordinances, which are in association with the Dept. of Energy Grant SUMMARY OF. AGENDA ITEM: On October 11, 2011, a first (1st) reading of the proposed sustainability ordinances, which are in association with the Department of Energy Grant (EECBG), was heard and passed to the second (2nd) reading. At the request of Councilman David Loeb, amendments were made .to the ordinances approved at first (1st) reading and are being submitted for consideration prior to second (2nd) reading. For explanatory purposes, in addition to providing the proposed ordinances which incorporate the requested amendments, also attached are an "Executive Summary" of the proposed changes (Attachment A) and a "marked-up" version of the ordinances (Attachment B) highlighting the requested changes to the ordinances approved at 1st reading. AGENDA ITEM: § 6.6 Development Concept and Special Overlay Zoning Districts. a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.6. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.6 entitled, "Development Concept and Special Overlay Zoning Districts ", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 6.7 Clustered Development Overlay Zoning District a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.7. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of —315— December 13, 2011 ", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.7 entitled, "Clustered Development Overlay District ", relating to the use, regulations, and review standards for clustered development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 6.8 Mixed -Use Overlay District. a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.8. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.8 entitled, "Mix Use Overlay District ", relating to the use, regulations, and review standards for mixed use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 6.11 Uptown - Downtown Mixed -Use (MUS) Special Overlay District. a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.11 entitled, "Uptown- Downtown Mixed -Use (MUS) Special Overlay District ", relating to the establishment of a mixed -use special overlay district promoting mixed -use development within the uptown and downtown areas of the City; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 6.12 Target Area Redevelopment Special Overlay District. a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending. the Corpus Christi Unified Development Code by adding a new Section 6.12 entitled, "Target Area Redevelopment Special (TARS) Overlay District ", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. —316— § 6.13 Streetscape Zone Standards. a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.13. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.13 entitled, " Streetscape Zone Standards ", relating to the use, regulations and review standards for creation of streetscape zones; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 6.14 Alternative Housing Options. a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.14. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.14 entitled, "Alternative Housing Options ", relating to the use, regulations and review standards for alternative housing options; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 7.11 Neighborhood Mixed -Use (NMU) Development Standards a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 7.11 entitled, "Neighborhood Mixed -Use (NMU) Development Standards ", relating to the use, regulations and review standards for residential mixed -use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. § 7.12 Adaptive Reuse Development Standards. a. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. b. Ordinance amending the Corpus Christi Lied Development Code by adding a new Section —3— 7A2 entitled, "Adaptive Reuse Development Standards ", relating to the use, regulations and review standards for Adaptive Reuse and redevelopment of existing and historical structures; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. ALTERNATIVES: 1. Adoption of proposed ordinances as presented and approved at 1st reading; or 2. Adoption of proposed ordinances as presented with amendments at 2nd reading; or 3. Denial of the proposed ordinances. OTHER CONSIDERATIONS: The ordinances approved at 1st reading were also presented to the Planning Commission (PC) in accordance with UDC §3.2.2 entitled "Review Process The PC then provided to the City Council a recommendation for approval. In accordance with Unified Development Code (UDC) §3.2.2.D, when presented to the City Council, the Council has the option of approving, approving with modifications or denying the UDC text amendments. Due to time constraints and the fact that the UDC provides for Council modification upon first reading, no additional recommendation was sought from the PC with regard to the requested amendments. The PC will however be provided with an update regarding this agenda item. CONFORMITY TO CITY POLICY: The proposed ordinances will create new City planning policy. EMERGENCY / 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 una(s): Comments: N/A RECOMMENDATION: The Planning Commission recommends approval of the proposed ordinances passed at first reading. No request was made of the PC to provide an additional review of the proposed amendments submitted for consideration at 2nd reading. (See also "Other Considerations ") Staff recommends approval of either version of the proposed ordinances. —318— LIST OF SUPPORTING DOCUMENTS /ATTACHMENTS: A. Executive Summary of proposed changes. B. "Mark -up" of ordinances showing proposed changes. C. Ordinances with proposed changes included. Approvals: Deborah Brown, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager EXECUTIVE SUMMARY Amendments on the 2nd reading for sustainability ordinances as passed on 1st reading on October 11, 2011. For the purposes of clarity and to maximize the opportunities provided by these ordinances, the following changes were implemented, per Councilman Loeb's request. Ordinance (Section). Proposed Pages(s) Description arteMigialt ion a 6.6.2 2 Reviewed 6.7.4.F.2 6.7.7 6.8.5.E 6.8.6 6.8.7 6.8.9.C.1 6.8.12 6.8.12.A 7 11 4 4 7 9 9 6.8.12.A.1 10 Grammatical error Redundancy, the word "city" used twice E •r Action - Change tee Removed Rezoning Requirement Title 16�t�1, The. word "be" added for clarification Removed redundancy Consider changing the 20% non-residential minimum Lot area and density requirements do not include reference to development concept or special district overlays Maximim building square footage requirements do not include reference to develop concept or special district overlays Change to reference Adopted City Building code Typo Change for clarify - Wording unclear: "Five percent of open space ..." Change for clarification Change made to reduce minimum non-residential use requirement from 20% to 10% Change made to add "development concept or special district overlay" - Requirements may be less restrictive Change made to add "development concept or special district overlay" - Requirements may be less restrictive Change made Corrected to "RS -TF" Change to "Half of the open space requirement ... " Aadded "Half of the" 6.8.12.A.2.D 11 (Added) 6.8.12.A.2.1 11 Change open space requirement for Adaptive Reuse Change for clarify - Wording unclear: "Five percent of open Added new provision "D" Change to "Half of the open space requirement ... ' space ..." Page 1 EXECUTIVE SUMMARY 6.8.12.E 11 Change for clarify - Wording unclear: "Five percent of open space .°." Change to "Half of the open space requirement ... " 6.8.12.8.4 11 Change to add "Community Recreation Space" to indoor Open Space options Added 6.8.12.B.4 Community Recreation Space 6.8.24 23 Change to remove requirement filing of a business registration notice if there is a change of use, may not be enforcable Change made, not enforcable i:o'.7. rya '� +f, �. ttr� '�S�'M1"� 5„-�.ARi��y a:�!�C,.;:4 =+r. _ :+-,.ikho ,., } .1.. ,�-Y y. ,Y:LL��-�P� .-'a° - - .kA. a 9br _ r t.n -ti. `F� V,,',' i'e�� 4<m.a..''i4i v. - 'tel. -- f m �'-r. ,n��':V gypu:,� e -�� ,1;:'^: r �r'qk 41,40� y ''9. ;RL". 4T;''p..+r:—,,,, i�.. C -,v iF3..:w.��r a xa�5a1• qir is a r` ., r �2r� , ti�e� :��a ,� �vro� s� i '" ",.. -. "i'4/.q41 3: �1!L'wl lv7,4,. 6.11.1 2 Change to permit tourist mixed uses as an option Change made 6.11.2 2 Delete listed districts, limit incetive options provided by mixed-use overlay Change made 6.11.2.A 2 Delete listed districts, limit incetive options provided by mixed-use overlay Change made 6.11.2.A 2 Current map limits areas for incentive applications Change map - expanded overlay district boundaries 6.11.2.A 3 Current map limits areas for incentive applications Deleted boundary map 6.11.2.6 3 Change to include light industrial districts, provided the property is rezoned to an allowed zoning district/use Change made 6.11.3.A 5 Change to include streetscape furniture Change made 6.11.3.0 5 Change to require streetscape zone for NEW development only Change made - ��:, t.,: ,L � S ', �a„�L ,� e y 1 i%r ,::, .»�n� xa�_ ry - , �: _f r .: ailLtlk ' �'x, § B. '� d_ 'I.T'4 0S y :", , n'''__, ' .CL1:� • a.!-�C rA. : AI : a - art d-�� ��' �+ 'r i'L 1''17-Y '4''�',r K :°.. f . ii t Er.� �-3nT f�� . ,'2'^.<. `t !.�.!:.,,, p � �+�ia` �'�l, 6.12.2.8 2 Delete language 6.12.2.0 2 Add provision 6.12.2.0 -areas previously designated as Change made target areas need to be re -designated , 6.12.4.E 5 Change to remove the word "project" and keep uniformity Change made with the wording of "redevelopment” 5 i'�� Si� �.., ,s � in +��:,:9RuE 4 T^' al Al w:r V a u S l�tFa, .r' �'�P , � t Y r "'},cr:�r�:ti`���,w-�-� 0"' 3��'��s Pm. -.e u "' " ".'N*!:,*. tA' .: + . d 4*c Pm. 'BEV s•' �J J .9 �s •i ISS* u ,�.� ��� Tr' .�.'1N,' '��.' �-� w '� s� � s.;c y � �¢���: �"..1n.1:-� �,;� ;...1"+il�rc�.�:s�.��s ,� �.�— .� 6.13.C.1 3 Change to clarify, move to 2 paragraphs Change made Page 2 EXECUTIVE SUMMARY Page 3 6.13.C.2 4 Change to delete, this regulation should be left to Regional Transit Authority Change made 6.13.E.1 6 Change toremove, already requn edin Building Code e C aGnLge made d..Ie** ileillt }2- PI.1s,,, t 4 TO -aa.,. 4 ,W4,001 G2,44 -s., ri-R4 '1 t - i-. 6.14.3.1 Table 5 Change table to add single-family detached uses within RM- AT Districttable 6.14.3.1 A ja Change made 6.14.4.A 6 Add language for Tess restrictive standards under development concept or special overlay district Change made 6.14.7.E 10 Change to match Technical Building Code 2009 requirements Change made 6.14.7.H 11 Change to add provision limit storage uses in non-residential space of a mixed-use building Change made 6.14.7.H 11 Change to match Technical Building Code 2009 requirements Change made 6.14.7.M [11 Change title on table to "1" to "M" Changemade m e .,rnenFkL rw�. r� L� - F z �"� i W��.li P• n� �§ , " i 3^�" i�,,�,- - H J A i I , ,,r � r4 �'..3: `'t" '�,}„�C v �.i� �� naEi'::o-fP, �. �= , _Ci rr Y i�y � G Ytfii ��1 IL!'bg��b � 'Al I d It y .-.1 "0' .h '.k3. , x aG'y fYl l9�,nL � "**r,* s��.1 5'S'"'��G}Y ;rhk. F�. "�r#5�..r_,3'�' .a- .,: ��'.„�.-,'�- ]��S�Ta+�U�,�,ry 7.12.1 2 Change residential mixed uses to not include "tourist mixed use” and "multiple family use" Change made 7.12.2.0 2 Change to clarify and remove Target Area for uniformity No content changed, sequence changed 7.12.2.E 2 Change application standards to add that Historic buildings do not have residential use requirements Change made 7.12.3 3 Change to clarify that adaptive reuse of a vacant building must be to residential mixed-use or tourist -mixed use Change made 7.12.3 3 Change to remove wording regading the age of the building, redundant and is stated elsewhere in ordinances Change made 7.12.4.A.5 3 Change to add Bed and Breakfast uses Change made . 7.12.4.0 3 Change to clarify, move paragraph Change made Page 3 EXECUTIVE SUMMARY 7.12.4.D 4 Change to clarify, move paragraph Change made 7.12.5 4 Add new paragraph to introduce figure 7.12.5 Change made 7.12.5 Figure 5 Add flowchart for clarity Added flow chart 7.12.6-7 6-9 Change formatting and order of these sections for clarity Changes made in order and formatting, no changes to content. 7.12.6.A.3 7 Change, remove for future text amendement Change made 7.12.8.0 14 Change to provide alternatives to streetscape zone requirements Change made 7.12.8.C.3 14 Delete, unreasonable Change made -i.•kr'.' i'�4"r, r K fir `-s.� i+r fir ta- k d.ik4o. �,��.Q 1d4 'vK. •,�r1, 7.3:-.E�V'iu �'YI ,�,.F .'.Fr:Tj r' §.r. llrr'1!I ] �. � ,���Ji yp, v �i' � -mo- scFe;.•A�ft 8a.bn_i a .� -:AP k,"1,_ I 1 Ca '.1i?✓ 9y y'I': S, ,f IA: , ' ^r*4.I f.. .,-r.:'�;3"R•-� kiL'��.I. �. .n2 _Y+"..:SM ;ilia"-".."VLl �.,. ivhi -a N - - �rti 1 $��{,� � 1� s'r �. ,�, £{�, �{ S �, � p; ',. , !, .. ne""+` '.1 fid! _-W1.+� .'l'd'm.'.�y. t• �n �`,�^y�^`�"'� .f'ut#.�P,"'d-5 rF�4,,V.44,'''' Change made 7.11.3.P 5 Change to add standards for storage of supplies in non- residential portion of site, comply with 2009 Building Code 7.11.6 7 Change Table 7.11.6.A to exlucde tatoo parlors as a permitted use Change made 7.11.6.B 8 Change to remove section and accompanying figure, addressed in separate ordinance, redundant Change made 7.11.7.H 9 Change to state that a Use Privelege Agreement MAY required Change made 7.11.10.B 10 Change to delete "handicapped" and replace with Americans [Change made, also changed to read 7.11.10.B 10 Change to "... principal entrance to public sidewak and 7.11.8.E 10 Change to clarify arterial and collector streets Change made 7.11.11.3.1 12 Change to clarify Change made Page 4 § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.6 entitled, "Development Concept and Special Overlay Zoning Districts ", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan directs the City to promote infill development on vacant tracts or lots and improve the economic viability of infill development through incentives that will attract private investors; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that traditional land use regulations are not always conducive to development on problematic sites and can prevent innovative design, therefore valid innovations in land planning are encouraged; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi UDC is amended by adding a new Section 6.6 entitled, "Development Concept and Special Overlay Zoning Districts" to read as follows: fi.S Development Concept and Special Overlay Zoning Districts. 6.6.1 Purpose. The ur ose of this Section is to rovide for alternative development standards to address unique site characteristics and to address development opportunities Which can exceed the quality of standard developments, by: A. Establishing authority to adopt property - specific develo meat standards for increasin minimum —324— § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 2 of 5 requirements of the code on individual sites; and B. Establishing Development Concept Overlay and Special Overlay Districts with alternative standards for special areas designated by the City's Comprehensive Plan, Area Development Plans, or by adoption by the City Council. 6.6.2 Application. This Section authorizes the City of Corpus Christi to increase development standards or limit uses on specific properties beyond the general requirements of the Unified Development Code through property- specific development standards, and to carry out Comprehensive Plan and Area Development Plan policies through Development Concept Overlay and Special Overlay Districts which supplement, modify, or expand the range of the underlying Zoning District standards and the standards of the Unified Development Code, through different uses, design, or density standards or review processes. Development Concept Overlay and Special Overlay Districts shall be applied in the following manner: A. Development Concept Overlay. A Development Concept Overlay District or Zone may be established to implement a development concept with specific design and development standards as a By -Right permitted use or through the rezoning process. 1. By -Right Use. Where design and development standards of an Development Concept Overlay District or Zone are compatible with the underlying Zoning District and neighboring uses, the Development Concept Overlay District standards may be applied as a By-Right/Permitted Use. The specific zoning districts for which the By -Right Use applies must be listed within the standards of the Development Concept Overlay District. 2. Where the standards of the Development Concept Overlay District have the potential to negatively affect the neighborinq uses through increased densities, inadequate transitioning between differing densities or uses lack of ade• uate onsite infrastructure for development, or similar factors, the applicant shall be required to rezone the property to one of the more suitable Zoning Districts listed as a By-Right permitted District. The Development Concept Overlay standards must include a list or statement of the specific Zoning, Districts for which rezoning is required for . the application of the standards. -325 - K :1 Legal \SfLSREDILEGAL- DEV.SVCSWederal Grant Ordinances - Sept 2011 now Oct \11 -30 -I1 FINAL DRAFTS \11 -30 -1 i.Sec. 6.6 Development Concept & Special Overlay Zoning. Districts.YD- DWS.FINAL.doc § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 3 of 5 B. Special Overlay Districts. Special Overlay Districts are generally established in order to a l s ecific develo ment desi ns and conce #s within a specific area to promote infill or redevelopment of an area. Special Overlay Districts may also utilize special financing techniques, including but not limited to, tax abatements, block grants, housing grants tax increment financing, or other financial or developmental incentives to meet a specific development goal. 1. Council Approval. Special Overlay Districts are established through the City Council review, public hearing, and approval process. The City Council may assign a Special Overlay District designation to any area it feels shall be "targeted" to receive special development consideration in the planning and development or redevelopment of an area. 2. The established Special Overlay District may include development incentives or concepts that are applied as a By- Right/Permitted Use within the Special Overlay District. By- Right/Permitted Uses under a Special Overlay District must be compatible with the surrounding neighborhood and uses. C. Unless specifically modified, provided for, and permitted under the provisions of this section and the standards of each Development Concept Overlay or Special Overlay District Ordinance, the standard requirements and regulations of the underlying Zoning District and Unified Development Code shall govern the remaining development and land uses within a Development Concept Overlay or Special Overlay District Zone. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. KA1LegallSHARED ILEGA.L- DEV.SVCS1Federal Grant Ordinances - eptt 2011 now Oct \11 -30 -11 FINAL DR4FTS111- 30- 11.Sec. 6.6 Development Concept & Special Overlay Zonina Districts.YD- DWB.FINAL.doc § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 4of5 SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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 6. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures found at next page. K;I Lega (1SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances- 6ept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.6 Development Concept & Special Overlay Zonina Districts.YD- DWB.FINAL.doc § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page5of5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 20 . ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only: this the day of , 20 For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K:\ Lega 11SHARED\LEGAL- DEV.SVCS1Federal Grant Ordinances - Sepi 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30 -i 1.Sec. 6.6 Development Concept & Special Overlay Zoning Districts.YD- DWB.FINAL.doc Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.6 entitled, "Development Concept and Special Overlay Zoning Districts ", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; Amending conflicting provisions . of the City's Comprehensive Plan;. Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan directs the City td' promote infill development on vacant tracts or lots and improve the econo icNAaltiffity of infill development through incentives that will attract private invest WHEREAS, the Corpus Christi Comprehensive Plan reco es t traditional land use regulations are not always conducive to develo`pm t o 'problematic sites and can prevent innovative design, therefore v d i 'eons in land planning are encouraged; WHEREAS, with proper notice to the publi ubfic hearings were held an Wednesday, August 3, 2011, during meeting of :e O[anning Commission, and on Tuesdays, October 11, 2011 and Dec., •e ..3, 2011, during meetings of the City Council, in the Council Chambers, a ..City [a, »; in the City of Corpus Christi, during which all interested persons were a .y ed to appear and be heard; n WHEREAS, the City Council hs ter ed that this amendment to the Unified Development Code (UDC), wul`b 'rve the general welfare of the City and . its citizens by providing a „rgtory�• -se for more sustainable communities by ensuring compatibility in',dv r.o•6e-nt; maintaining consistency and character; and ensuring growth ifti 4n only and desirable manner that will preserve the public health and sa ty; NOW THERE E' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORP '4'dI SECT!1. ' fthe Corpus Christi UDC is amended by adding a new Section 6.6 entitled "Development Concept and Special Overlay Zoning Districts” to read asrli�cws' 6.6 Development Concept and Special Overlay Zoning Districts. 6.6.1 Purpose., T_he purpose of this Section is to provide for alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments,by: A. Establishing authority to adopt property - specific § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 2 of 5 development standards for increasing minimum requirements of the code on individual sites; and B. Establishing Development Concept Overlay and Special Overlay Districts with alternative standards for special areas designated by the City's Comprehensive Plan, Area Development Plans, or by adoption by the City Council. 6.6.2 Application. This Section authorizes the City of Corpus Christi to ncrease development standards or limit uses on specific propert esbeyond • the general requirements of the Unified Development;C`o high property - specific development standards, and-io, )arm -,out tea, Comprehensive Plan and Area Development Plait` poliies ) hrough Developrnent Concept Overlay and Special Ovdrlay'ElistiEts which supplement, modify, or expand the range ofheflunde)fyinq Zoning District standards and the standards of'.Ui.:f,.ied Development - Code, through different uses, design, osdensity standards or review processes. Development Concept 01,1% and Special Overlay- Districts shalt be applied in the folla,inq r%anier: • ::h A. Development Concept Ovrfav A Development Concept O tiay District or Zone may - be established to ..,�implementt" a development concept with specific desirgf: and:;. development standards as a By -Right permitted uselr;,throagh the rezoning process. ,, 1.r Rq: t Use Where design and development t dard''of an Development Concept Overlay District 'fir Zone are compatible with the underlying Zoning DAtrt and neighboring uses, • the Development Cnce t Overla District standards may be a lied as a - by- Right/Permitted Use. The specific zoning districts NI, - for which the By -Right Use applies must be listed within the standards of the Development Concept Overlay -District. • 2, ing Regu„n� ^ „* Where the standards of the Development Concept Overlay District have the potential to negatively affect the neighboring uses through increased densities, inadequate transitioninq between differing densities or uses, lack of adequate onsite infrastructure for development, or similar factors, the applicant shall be required to rezone the property to one of the more suitable Zoning Districts listed as a By- Right . permitted District. The Development Concept Overlay standards must include a list or statement of the specific Zoning Districts for which rezoning is required for the application of the standards, K: 1Legal ;SfiAREDILECAL- DEV.SVCS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS\12 -01- 11.Sec.6.6.ia1_ARKUPS. YD -DWB, F1NAL.doc -330- § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 3 of 5 B. Special Overlay Districts. Special Overlay Districts are generally established in order to apply specific development designs and concepts within a specific area to promote infill or redevelopment of an area. Special Overlay Districts may also utilize special financing techniques, including but not limited to, tax abatements, block grants, housing grants, tax increment financing, or other financial or developmental incentives to meet a specific development goal. 1, Council Approval. Special Overlay Ditricts are established through the City Council .revie g.blic hearing, and approval process. The C =ffi4 unbi1 tnay assign a Special Overlay District desrg,nttC.. tor to any area it feels shall be "targeted" o " ive special development consideration iri -th r; Inning and development or redevelopmer anrea. 2. By- Right/Permitted Uses `',e :'established Special Overlay District may irtel:,ude \cevlopment incentives or concepts that are na rplie ras . By- Right/Permitted Use within the SpecidrOvgigy Eistrict. By- Right/Permitted Uses under A, Sped Overlay District must be compatible ,,,.with'<.Fe: :surrounding neighborhood and uses. w,.. w.. C. Unless specificaitvAnodified, provided for, and permitted under the ' PcovieiOns of this section and the standards of each :Deveao rent Concept Overlay or Special Overlay Dl`s'ict Oediinance, the standard requirements and r(qulations of the underlying Zoning District and Unified ,Clavelopment Code shall govern the remaining development a and land uses within a Development Concept Overlay or Special Overlay District Zone. rt yat the UDC and corresponding Zoning Map of the City of Corpus Teas, effective July 1, 2011, as amended from time to time, except as chani, by this ordinance and any other ordinances adopted on this date, remainin full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. K:1Legal\SHARED1LEGAi DEV.SVCSWFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MA.RKUPS\12 -01- 1i.Sec.6.6.MARKUPS.YD-DWS, F'NAL.doc —331— § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 4 of 5 SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Secti ,,n 1.10.1 and/or Article 10 of the UDC. 9' ..,ate. SECTION 7. That publication shall be made in the official publics is f the/City of Corpus Christi as required by the City Charter of the City of,Catpuhrsti. l£f 44 SECTION 8. This Ordinance shall take effect upon and gfter publication of this Ordinance. an. Signatures found at next page. K:1 Legal ;SHAREDILEGAL- DEV.SVCSTedcral Grant Ordinances - Sept 2011 now Oct\11 -30 -11 MARKUPSI12 -01- 11.Sec.6.6.MARKUPS.YD -DWB, F€NAL.doc —332— § 6.6 Development Concept and Special Overlay Zoning Districts Ordinance Page 5 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time an Ased finally on this the day of , 20 ^, by th fo-i'a vote: David ^f.Johfrr F. °ltllarez tsv Nelda Martinez Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal PASSED AND APPOV ATTEST: 4 Arman� if i City S' ,eary 'Mark Scott day of , 20_. Joe Adame Mayor APPROVED as to form only: this the day of For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney , 20_ K:1 Legal\ SHAREDILEGAi- DE'V.SVCSIF'ederal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 MARKUPS112 -01- 11.Sec.6.6.MARKUPS.YD -DWB, F1NAL.doc — 3 3 3 — § 6.7 Clustered Development Overlay District Ordinance Ordinance amending; the Corpus Christi Unified Development Code by adding a new Section 6.7 entitled, "Clustered Development Overlay District ", relating to the use, regulations, and review standards for clustered development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan supports a range of densities to improve the affordability of housing, increase the cost effectiveness of services, and offer citizens a desired quality of fife; WHEREAS, the Corpus Christi Comprehensive Plan directs the City to promote - infill development on vacant lots and improve the economic viability of infill development through incentives that will attract private investors; WHEREAS, the Corpus Christi Comprehensive Plan encourages a contiguous, compact growth pattern in areas where services already exist or can be economically provided, thereby requiring minimal improvements to the existing utility system; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.7 entitled "Clustered Development Overlay District" to read as follows: 6.7. Clustered Development Overlay District. 6.7.1 Purpose. It is the purpose of this ordinance to permit residential compact or clustered development in order to: A. Encourage creative and flexible site design. —334— § 6.7 Clustered Development Overlay District Ordinance Page 2 of 16 B. Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets. C. Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development. D. Protect environmentally sensitive areas of a development site and preserve open space, natural features, and prime agricultural lands on a permanent basis. E. Provide opportunities for social interaction, walking, and hiking in open space areas. 6.7.2 Allowances. A. The clustered development standards under this ordinance are applied as an "overlay zone" and subject to the rules of the underlying Zoning District, in addition to the rules of the Overlay District standards established under this Ordinance. 1. Development under this. Ordinance applies to new development and requires platting of individual lots within the development. 2. Where a conflict exists between the standards of the underlying Zoning District and the Clustered Development Overlay District, the standards established under the Clustered Development Overlay District Ordinance shall take precedence. 3. The standards provided under this Ordinance may only be applied to a. clustered development platted, developed. and constructed in accordance with this Ordinance. 4. Commercial use of dwelling units in a clustered development for commercial leasing purposes (Le. leased for a period of under .30 days) must comply with the International Building Codes IBC) and the City's Fire Department Codes, and is only permitted in the "RM -AT" "CR -2 ", and "CR -3" Zoning Districts. K:I1 egal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinance 2011 now 00611-30-11 FINAL DRAFTS111- 30- 11.See. 6.7 Clustered Development Overlay District.DWBFinal, EM -DWB.F n 1 . § 6.7 Clustered Development Overlay District Ordinance Page 3 of 16 B. Permitted Districts. 1. A clustered development consisting of multiple single - family attached, single - family detached or two - family dwelling units shall be a permitted use (not requiring rezoning) in the RS -6, RS -4.5, RS -TF, RM -1, RM -2 RM -3, RM -AT, ON, CN -1, CR -2, CR -3, and CG -2, when platted. developed, and constructed in accordance with this Ordinance. 2. All principal uses authorized in the applicable residential zoning district(s) . shall be allowed in the clustered development. C. Minimum Acreage. A residential clustered development consisting of 1 acre or greater shall be permitted in any zoning district allowing for residential uses pursuant to the standards outlined under this ordinance. D. Density. 1. When platted under the standards of this Ordinance, a clustered development may not exceed the maximum density permitted within the underlying zoning district. 2. When platted under the standards of this Ordinance, a clustered development may not exceed a maximum density of 9.68 dwelling units per acre in any zoning district. 3. The minimum density permitted . within a clustered development is 4 dwelling units per acre. 4. The maximum density permitted under Section 6.7.2(D)(1) and (2) above may be exceeded if the developer agrees to implement one or more of the density bonus techniques outlined under Section 6.7.6 below. 5. A Clustered Development may not exceed 139 acres without including a transitioning mixed -use, commercial, neighborhood /town center consisting of 3 to 5 acres located within the development boundaries, and in accordance with Traditional Neighborhood Development Ordinance. K: ILegal \SI3AREDILEGAL- DEV.SVCSIFederal Grant Ordinances�ppJ,2.011 nowOctl11 -30 -11 FINALDRAFTSI11- 30- 1!.Sec. 6.7 Clustered Development Overlay DistrictDWBFinal, EM- DW13.Fin ao0 § 6.7 Clustered Development Overlay District Ordinance Page 4 of 16 6. Multiple clustered developments located within 500 feet of each other and consisting of more than 139 acres shall include a transitioning mixed -use, commercial, neighborhood /town center consisting of 3 to 5 acres, and shall be developed as part of a Master Planned Community and approved through the Planning Commission and City Council public hearing process. E. Impervious Coverage Allowance. The maximum impervious coverage of the entire clustered development cannot exceed 65% of the development boundaries, which includes parking areas, unless the parking areas consist of pervious surfaces. F. Infrastructure. Clustered developments are only permitted in areas served by public sewer and water, except when the proposed development is part of a comprehensive development plan providing for adequate infrastructure through phased development. 1. The developer must provide evidence that adequate infrastructure facilities and capacity exist to sustain the higher densities of a proposed clustered development. 2. If adequate infrastructure and capacity does not exist on the proposed development site, the developer must provide a plan of action indicating what services will be provided to meet the densities of the development. G. Stormwater Management. 1. To compensate for higher densities and increased impervious surfaces within a clustered development ro'ect the • ro'ect desi n must include onsite stormwater management techniques acceptable under the Best Management Practices (BMP) Manual. 2. Onsite stormwater management techniques may be included in the required common open space calculations to the extent outlined under Section 6.7.4(F)(4). 6.7.3 Platting Restrictions. New development of sites consisting of 1 acre or greater can be platted, or replatted, as small lot clustered developments for single- family attached, detached, or two- family dwelling units as follows: A. All lots within the proposed cluster development must be platted. IC:1 Legal \ SHARED ILEGAL- DEV.SVCS\Federal Grant 0rdinancet20I1 now Oct111 -30 -11 FINALDRAFTS111- 30- 11.Sec. 6.7 Clustered Development Overlay DistrictDWBFinal, EM- DWB.Fi d c § 6.7 Clustered Development Overlay District Ordinance Page 5 of 16 B. Each clustered development must have a Home Owner's Association or another designated managing entity approved by the City for the maintenance of common facilities, drives,. alleys, pedestrian paths, open space, parking areas, and stormwater maintenance onsite. C. Proposed deed restrictions must be submitted with the plat and must state that individually platted lots and common open spaces within the clustered development will not be further divided into smaller tracts. The deed restrictions must be noted on the plat and recorded, and are enforceable through the. Home Owner's Association or another assigned managing entity approved by the City. D. Where a Home Owner's Association, or other assigned managing entity approved by the City, is assigned as the managing entity of the development, the covenants, conditions, and restrictions of the development will be automatically renewable at the end of the established term unless 51% of the members agree to dissolve the association and the . dissolution of the association is approved by the City. E. Platting or replatting of Tots must not create flag lots or inaccessible Tots within the development. The portion of the common open space that is inaccessible by a street or lane shall be permitted, provided that the common open space portion of the lot is shown and labeled on the plat, and noted that the common area shall not be developed for anything other than a community building or common recreational use. 6.7.4 Required Common Open Space. A. Not Tess than 35% of the site shall be conveyed as common open space and shall be applied to the entire development site rather than to any individual lot: B. Forty percent of the total square footage or acreage required for common open space may consist of active recreational features (i.e. swimming pools, tennis courts, playgrounds), while the remaining 60% must consist of pervious surfaces for passive recreational use (Fig. 6.7.4.B). K:1 Legall SHA,REDIL.EGAL- DEV.SVCS\Federal Grant Ordinance Clustered Development Overlay District.DW13Final, EM -DWB.Fr 2011 now Oct111 30 -11 FINAL D1iAFTS111- 30- 11.Sec. 6.7 § 6.7 Clustered Development Overlay District Ordinance Fi • ure 6.7.4.B. Passive Recreational Use Page 6 of 16 C. Common open space may include undevelopable areas such as wetlands, creeks, and onsite vegetated stormwater dry detention basins planned for the site, as outlined under Section (F) below. D. The required common open space must be continuous, shaped for passive or active recreation, and must not measure Tess than 5 feet for a maximum distance of 20 linear feet, with exception of extraordinary circumstances such as the use of a walking bridge to cross a stormwater ditch or other unusual topographical situations onsite, in which case the minimum width /maximum distance requirement may be extended. E. Parking areas, impervious surfaces, impervious right -of- ways, impervious driveways, right- of-way yard setbacks, individual lot and setbacks and s•aces between buildin•s of 10 feet or less in width do not qualify as common open space. F. Alternative Compliance Options. Compliance with the common open • space requirement can be met by im•lementin• one or more of the followin• o tions: 1. Exclusive Use b ► Residents. The re• uired common open space onsite (e.q., private trails, passive and active recreational areas) can be dedicated to a Home Owner's Association who will be responsible for the maintenance of the common grounds. r. . K:ILega11SHA.RED \LEGAL - DEV.SVCS\Federal Grant Ordinance geFit2011 now Oct111.30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.7 IV Clustered Development Overlay District.DWBFinal, EM- DB.r aR § 6.7 Clustered Development Overlay District Ordinance Page 7 of 16 2. Public Recreational Use. The common open space provided within the development boundaries may be contributed toward the Community Enrichment Fund land dedication and fees required by the City for new development, provided that the common open space provides at least one recreational element (i.e. preen space /small park, fogging or walking trails, etc.) that is available to the public and maintenenced by the Home Owners' Association or other designated managing entity. 3. Wetlands as Open Space. a. Non- jurisdictional wetlands, i.e. those for which impacts would not require a USACE permitting process, may be counted in a 2 :1 ratio (i.e. 2 acres of open space credit for every 1 acre of wetland preserved) up to 50% of the total open space requirement if incorporated into the design of the clustered development property boundaries. b. Preservation of jurisdictional wetlands (those for which impacts would require USACE permitting) can be used in a 1:1 ratio to offset up to 50% of the total open space requirement if incorporated into the design of the development property boundaries. 4. Stormwater and Wastewater Management Techniques. a. Vegetated stormwater bioswales, rain gardens, (or other preferable infiltration -based or retention - based systems, designed and sized in accordance with, and acceptable under, the Best Management Practices Manual) planned onsite may be counted towards the common open space requirement using a 1:1 ratio to offset up to 50% of the total open space requirement, if incorporated into the design of the clustered development property boundaries. b. Construction plans detailing the construction of the Best Management practices proposed onsite, including target side slopes, depths, retention time, proposed plant species, and a long -term maintenance plan must be pre - approved by the Development Services Department ACM or their designee. K:I Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances Clustered Development Overlay District.DW13Final, EM- DWS.FT 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.7 § 6.7 Clustered Development Overlay District Ordinance Page 8 of 16 5. Plazas & Courtyards. Where pedestrian (non - vehicular) plazas or courtyards are incorporated into the design of the project, the square footage of plaza or courtyard areas that incorporate at least three of the features listed below may be contributed toward up to 100% of the common open space required onsite: a. Special interest planting with a wide range of plant materials including perennials and drought tolerant flowering shrubs. A minimum of 50% of the plant material used shall provide seasonal flower and/or foliage color. Pedestrian scale, bollard, or other accent lighting in accordance with the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for. People, Property, and Public Spaces ". c. Special porous paving, such as colored /stained ervious concrete •ervious brick or elevated decks constructed over earthen ground (not over slab), and utilizing methods that allow rainwater to reach and infiltrate into the ground below (Fig. 6.7.4.F). Fie ure 6.7.4.F. Common Cou ard. d. Seating, such as benches, tables or low seating walls. K :11 egal \SHAREDILEGAL- DEVSVCS\Faderal Grant Ordinances Qw� 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.See. 6.7 Clustered Development Overlay DistrictDWBFinal, EM- DWB.Fin § 6.7 Clustered Development Overlay District Ordinance Page 9 of 16 G. Maximum Common Open Space Alternative Compliance. 1. Where the common open space in a residential cluster development is conveyed by one, or through a combination of the methods above, no more than 50% of the common open space can be achieved utilizing these methods (excluding the plazas and courtyards listed above. or buffers required between two zoning districts, which can contribute up to 100% of the requirement). 2. A deed restriction enforceable by the Homeowner's Association or another designated • managing entity, shall be recorded that provides that the common open space shall be kept in the authorized condition(s), and not be developed for principal uses; accessory uses parking or roadways. Failure to keep the common open space in its authorized condition shall be considered to be in violation of the City's Unified Development Code. 6.7.5 Residential Development Standards. The following provisions shall apply to any residential lot within a clustered development, regardless of the general requirements of the applicable residential zoning. district: A. The single - family and two - family dwelling units listed under Section 6.14 shall be permitted units when developed in accordance with the development standards listed under that section for each unit. B. No minimum width or depth of a lot shall apply. C. A minimum separation. of 8 feet shall be provided between all principal buildings and structures, separation footage shall increase by 1 foot for each additional story added. D. There must be a minimum eave separation of 6 feet, with an additional 1 foot separation between eaves added for each additional story. E. Front and rear yard setbacks for individual unit Tots must equal a minimum of 15 feet combined, and must not be less than 5 feet for either yard. K:1 LegalISHARED4LEQAL- DEV.SVCS1Federal Grant Ordinance eft 2011 now Oct111 -30 -11 FINAL DRAFTS111.30- 11.See. 6,7 Clustered Development Overlay District.DWSFinal, ENl- DWS.!�lde § 6.7 Clustered Development Overlay District Ordinance Page 10 of 16 F Buildings located along a public street at the entrance to a clustered development shall not be located within 10 feet from the front property Tine of the proiect site along the public street (i.e. street yard). This standard does not apply to the individual dwelling units within the project site located on private alleys or local collector streets. 6.7.6 Density Bonuses. A. The City's Development Services Department may approve an increase in the maximum number of dwelling units allowed within a compact or clustered development (based On the maximum impervious coverage allowance, onsite) through one of the following options: 1. For each dwelling unit constructed as a fully accessible unit in accordance with the Texas Accessibility Standards, one additional dwelling unit shall be permitted, up to a maximum of 15 % increase (above the underlying Zoning District allowance) in the number of dwelling units. 2. For each affordable housing unit (i.e. affordable to families earning 80% of the Area _Median Income) provided within the development boundary, one additional dwelling unit shall be permitted, up to a maximum of 15% increase (above the underlying Zoning District allowance) in the number of dwelling units. a. Affordable housin must be made available on approximately the same schedule as the balance of housing in the proposed development and may not be deferred until the final phases. b. The bedroom mix of affordable housing units must be roughly proportional to the bedroom mix of the market rate homes in • each proposed development. c. Affordable housin = units are ex•ected to va from the market rate offerings in each development due to . smaller sizes and fewer interior amenities: however, these variations must not adversely affect the energy efficiency of the affordable housing units. K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinance §ept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec, 6.7 Clustered Development Overlay District.DWBFinal, EM- DWB.FTn2111oi -' § 6.7 Clustered Development Overlay District Ordinance Page 11 of 16 d] Affordable housing units must be complimentary in exterior design and materials and must be dispersed throughout each development when planned. e. Affordable housing units must be sold or rented only to qualified households as defined by the City of Corpus Christi. f. Affordable housing units used as the basis for approving a density bonus shall be subject to a deed restriction and a mortgage lien to ensure that newly constructed low- and moderate - income sales and rental units remain affordable to !ow- and moderate- income households for a period of not less than 30 years, which period may be renewed. B. Where any of the above methods are approved by the City's Development Services Department, the approved • density bonus may not be applied to more than 15% of the gross area designated as the common open space area onsite. Where pervious paving techniques fi:e. the use of pervious concrete, porous pavers, pervious asphalt, etc.) is utilized in the design of clustered development, the pervious areas will not count towards the 65% maximum impervious cover allowance on a site. The impervious surface area from which runoff is collected can be deducted from the maximum allowable impervious surface allowance, provided that the applicant is able to demonstrate the assimilation capacity and the runoff from the impervious surface areas being directed into vegetated green space within the site, on the site plan. 6.7.7 Sidewalks. Access and connectivity of sidewalks provided for each residential dwelling, office, or commercial building must be developed in accordance with the City's Building Code and the Texas Accessibilities Standards. 6.7.8 Fences. All fences proposed within a clustered development shall comply with the following guidelines: A. Lot Interior front and side yard fencing. All fencing on individual unit lots located in any front or side yard forward of the front wall of the dwelling unit facade, may not be more than 48 inches ,in height. K:I Legal \SHAR.ED1LEGAL- DEV.SVCSIFederal Grant Ordinancesd Clustered Development Overlay District.DWBFinal, EM- DWB.FTngl. 1;1 {i 2011 now Oct111 -30 -11 FINAL DRAFTSII1- 30- 11.Sec. 6.7 § 6.7 Clustered Development Overlay District Ordinance Page 12 of 16 1, Front fencing must be picket, split rail, iron, or any decorative fencing that provides a minimum of 50% transparency. 2. Wire, chain -link, or solid fencing is prohibited along the side or front property lines forward of the front wall facade of the dwelling unit, with the exception of low stone walls no higher than three feet, if a part of the Developers design scheme for the project. 3. Fencing shall not be placed in a right -of -way, shall not be located closer than 1 foot from an existing sidewalk, or not closer than 6 feet from the right -of -way where a sidewalk does not currently exist. Lot Rear yard fencing. Provided that fencing is not constructed any closer to the front of a dwelling unit lot than the rear facade or back wall of the dwelling unit, fencing may be constructed along the rear and rear side yard property line of a dwelling unit lot as follows: 1. The height of the fencing constructed along a rear or rear -side property line may not exceed 6 feet in height. 2. ` Wire or chain -link fencing along the rear or rear -side Yard property line, and rearward of the front dwelling . unit wall is prohibited. C. Development Site Fencing. When a clustered development is located adiacent to a single- family development, a screening fence of up to 6 feet in height must be provided along the property lines of the development as a visual buffer, and is not required to be solid; the fence may be an alternating picket or decorative iron design, provided that the fence does not provide more than 30-40% transparency. 1. Fencing is not required when the clustered development site that is located 100 yards or greater from the property line of neighboring single- family, multiple - family, or commercial uses. 2. Fencing as a visual buffer between clustered developments and adjacent undeveloped, vacant lots is not required. 3. Fencing is required when the clustered development is located adiacent to oil and gas wells or telecommunication facilities or structures. K: ILega1ISHAREDILEGAL- DEV.5VCS\Fedcral Grant OrdinanrLesq Z(111 now Oct111.30 -11 FINAL DRAFTSII I- 30- 11.Sec. 6.7 Clustered Development Overlay District.DWBFinal, EM- DWB.Fin o § 6.7 Clustered Development Overlay District Ordinance Page 13 of 16 6.7.9 Buffers. A. Where a proposed clustered development developed under this Ordinance is located adjacent to an RE or RS Zoning District, the applicant is required to provide a minimum buffer between the two differing densities in accordance with the standards of Section 7.9.5. B. Where the buffer includes walkways, pathways, seating areas, pedestrian or other passive recreation amenities (i.e. those activities that do not include development or alteration of the site other than the creation of hiking, biking, and horseback riding trails, picnic areas, etc.), the square footage of the landscaped area providing the amenities may be contributed towards the common open space requirement onsite. C. Street Buffers. 1. All development located along a street designated as a Freeway, Arterial, or Collector Street on the Urban Transportation Plan Map or Text shall be required to provide one of the following buffers (listed under Table 6.7.9.0 below) along the entire street frontage abutting the right -of -way, and no vegetation shall interfere with a required clear sight triangle at a driveway or intersection. 2. Parking visible from any public street shall include a continuous evergreen hedge or wall for the entire linear extent of the vehicular use area visible from the right -of- way. a. The height of the hedge or wall shall be a minimum of 18 inches and a maximum of 36 inches as measured from the elevation of the vehicular use area or the street curb, whichever is higher. b. Such hedge or wall may be substituted for any individual shrubs thafi mad be required in the street buffer. Utility Lines. No trees under utility lines shall have a natural height over 25 feet. K:1L.egaIISHAREDI LEGAL- DEV.SVCSIFederai Grant Ordinances/4 :r$2 11 now Oct\11 -30 -I1 FINAL. DRAFTS 111- 30- 11.Sec. 6.7 Clustered Development Overlay District.DWBFinal, EM- DWB.Fin o § 6.7 Clustered Development Overlay District Ordinance Table 6.7:9.C. Page 14 of 16 Street Buffer Width Plant Material Illtrstratitin Flantrsf l 00 Ln..Ft. x � �i-�s -; _j"yr .._.. i+` . { '� ,: �Yr.+,.+.��.tiurt.,v -� r 20 ft 1 four -foot zondnuous evergreen hedge 3 canopy trees - y •' £i 1. f i• { � _ 4 _>.,.� ��. �} 20 J ( 0. I Maur fort continuous evergreen hedge 2 canopy trees 3 underdtory trews y�ggr °7,'--Y fvi1. a , } ` ,�. >�i X54 s� yy� .� �. n a f� l Aiie 'ffa di l can ei 0 ?a'.._ 7.;!;,, ,. - 2 °;., ... r , . 10 ft K, 4-#Y'&r i} Yu^" i §,ti -.s r�w'y Y� F ; �y 3 canopy trees rte: 2 canopy trees 2 understr3ry trees 10 ft Utility Line Option W = m :Y F � Y T -;• R I 4.:. ew - k ' _ x. 'fie. R- - 1 4 understory trees LDcaI Access Street Buffer 5 ft » f 4 L i� k yrC ti I canopy tree I understory tree p p 1 shrubs 6 ft 1 I canopy tree 2 understory tree 3 shrubs 6.7.10 Site Plan. The preliminary and final site plan for a residential clustered development shall include, but shall not be limited to, the following information: A. The maximum number and type of dwelling_ units proposed. K:I l.. ega1 ISHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances r4agy 2011 now Oet111.30 -11 FINAL DRAFTS I11- 30- 11.Sec. 6.7 Clustered Development Overlay District.DWBFinal, EM- DW13.Fin oc § 6.7 Clustered Development Overlay District Ordinance Page 15 of 16 B. The areas of the site on which the dwelling units are to be constructed or are currently located and their size (this may take the form of the footprint of the dwelling unit or a building envelope showing the general area in which the dwelling unit is to be located) and the lot setbacks. C. Illustrations showing the areas of the site designated for common open space and buffers and their dimensions and square footage /acreage. D. The areas of the site designated for parking and the dimensions of individual spaces. E. The number and percentage of dwelling units, if any, that are proposed to be accessible and/or affordable housing units; F. The location of sidewalks, trails, and bike paths. G. Locations and dimensions of planned right -of -ways, alleys, and onsite stormwater and wastewater features. Landscaping and Lighting Plans required or proposed for all vehicular, common open space, buffer, street yards, and right -of -way areas. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the UD[, represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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. IC ALegallSHA3ZED ILEGAL- DEV.SVCS\Federal Grant Ordinances i S p011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.7 �n Clustered Development Overlay District.DWBFinal, EM- DWB.F § 6.7 Clustered Development Overlay District Ordinance Page 16 of 16 SECTION 7. That publication shall be made in the official publication of the City of Corpus Christ as required by the City Charter of the City of Corpus Christi. SECTION 8. This Ordinance shall take effect upon and after publication of this Ordinance. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance w as read for the second time and passed finally on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Ad ler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the - day of , 2a . ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only: this the day of , 20 . For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K:1 Lega 11SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances 3.54)2011 nowOctl11 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.7 Clustered Development Overlay District.DWBFinal, EM -DWB.F n t Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.7 entitled, "Clustered Development Overlay District ", relating to the use, regulations, and review standards for clustered development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan supports a range of densities to improve the affordability of housing, increase the cost effectiveness of services, and offer citizens a desired quality of life; WHEREAS, the Corpus Christi Comprehensive Plan directs the to�:roote infill development on vacant lots and improve the economies v ' tv infill development through incentives that will attract private invest WHEREAS, the Corpus Christi Comprehensive Plan enco( contiguous, compact growth pattern in areas where services exist or can be economically provided, thereby requiring minimal improv ments to the existing utility system; WHEREAS, with proper notice to the pump ,p he 'hearings were held on Wednesday, August 3, 2011, during me= rig he°lanning Commission, and on Tuesdays, October 11, 2011 . and Dec my ber 1 *2011, during meetings of the City Council, in the Council Chamb at »,all, in the City of Corpus Christi, during which all interested perso ; we r��'lowed to appear and be heard; WHEREAS, the City Counci as�•e'�` r ned that this amendment to the Unified Development Code (UDC o <. b serve the general welfare of the City and its citizens by providing k @ / base for more sustainable communities by ensuring compatibili ever ment; maintaining consistency and character; and ensuring growth a yo erly and desirable manner that will preserve the public health artLs °„I NOW THEI'EF E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CO PU CHI STI: Sg 'tfooTtat the Corpus Christi Unified Development Code is amended by adctind a i r w Section 6.7 entitled "Clustered Development Overlay District" to read ds follows: 6.7. Clustered Development Overlay District. 6.7.1 Purpose. It is the purpose of this ordinance to permit residential compact or clustered development in order to: A. Encourage creative and flexible site design. § 6.7 Clustered Development Overlay District Ordinance Page 2 of 17 B. Promote cost savings in infrastructure installation and maintenance by such techniques as reducing the distance over which utilities, such as water and sewer lines, need to be extended or by reducing the width or length of streets. C. Decrease or minimize nonpoint source pollution impacts by reducing the amount of impervious surfaces in site development. D. Protect environmentally sensitive areas of a development site and preserve open space, natural features, ;ad prime agricultural lands on a permanent basis. E. Provide opportunities for social interaction, a�I ir`>q and hiking in open space areas. 6/.2 Allowances.. A. The clustered development standards iunder this ordinance are applied as an "overlay zone` ' ,,s.ubiect to the rules of the underlying Zoning Distri `G in ddifion to the rules of the e Overlay. District stands s tsd under this Ordinance. 1. Development u der tpiiS Ordinance applies to new developmeg, an ires platting of individual lots within th der iDpment. fot exists between the standards of the 2. W a ,.cch fader`. • Zonin District and the Clustered Blegaia e ent Overlay District, the standards tablihed under the Clustered Development Overlay Dtrict Ordinance shall take precedence. The standards provided under this Ordinance may only be applied to a clustered development platted, developed, and constructed in accordance with this Ordinance. 4. Commercial use of dwelling units in a clustered development for commercial leasing purposes (Le. leased for a period of under 30 days) must comply with the International Building Codes (IBC) and the City's Fire Department Codes, and is only permitted in the "RM-AT", "CR -2 ", and "CR -3" Zoning Districts. K:1 LegaIISHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now OcE111 -30 -11 MARKUPS112- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc —351— § 6.7 Clustered Development Overlay District Ordinance Page 3 of 17 B. Permitted Districts. t A clustered development consisting of multiple single- family attached, single - family detached or two- family dwelling units shall be a permitted use (not requiring rezoning) in the RS -6, RS -4.5, RS -TF, RM -1, RM -2, RM -3, RM -AT, ON, CN -1, CR -2, CR -3, and CG -2, when platted, developed, and constructed in accordance with this Ordinance. 2. All principal uses authorized in the applicable residential zoning district(s) shall be afl e k the clustered development. C. Minimum Acreage. A residential cluateredL.d' ge opment consisting of 1 acre or greater shalab, perhtted in any zoning district allowing for resident' use dsuant to the standards outlined under this ordiria gp. 'rte D. Densi 1. When platted under, s ��.;ards of this Ordinance, a clustered Bevel omen ay not exceed the maximum density permittewithir tie underlying zoning district. o 2. When p ttec ider the standards of this Ordinance a clustered -ve pment may not exceed a maximum denty.i)f dwelling units per acre in any zoning distric :Y ` he... minimum density permitted within a clustered dveonment is 4 dwelling units per acre. 4. The maximum density permitted under Section 6.7.2(D)(1) and (2) above may be exceeded if the developer agrees to implement one or more of the density bonus techniques outlined under Section 6.7.6 below. 5. A Clustered Development may not exceed 139 acres without including a transitioning mixed-use, commercial, neighborhood /town center consisting of 3 to 5 acres located within the development boundaries, and in accordance with Traditional Neighborhood Development Ordinance. K:1Lega11SHARED\LEGAL -DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6,7 MARKUPS, EM -DWS, FJNAL.doc —352— § 6.7 Clustered Development Overlay District Ordinance Page 4 of 17 6. Multiple clustered developments located within 500 feet of each other and consisting of more than 139 acres shall include a transitioning mixed -use, commercial, neighborhood /town center consisting of 3 to 5 acres, and shall be developed as part of a Master Planned Community and approved through the Planning Commission and City Council public hearing process. Impervious Coverage Allowance. The maximum impervious coverage of the entire clustered development cannot exceed 65% of the deieopment boundaries, which includes parking areas, unle .t'`''" ; inct areas consist of pervious surfaces. F. Infrastructure: G. ri Fi '.:'s. n, Clustered developments are only periilittdi in &as served by public sewer and water, exaWaherihe proposed development is part of a comprehenive development plan providing for adequate fre rructure through phased �j development. ' °,/ 69 -7" L The developer Est rovi e evidence that adequate infrastructure . fatalities a tf capacity exist to sustain the higher densities 8La pthposed clustered development. 2. If ades u" in' structure and ca • acit does not exist c o . — must tor on flea meet site the develo develo vi:��a•', -n of action indicatin • . 'de: meet the densities of the develo er what services will be ment. Ito f Management. 1 compensate for higher densities and increased impervious surfaces within a clustered development proiect the pro'ect design must include onsite stormwater management techniques acceptable under the Best Management Practices (BMP) Manual. 2. Onsite stormwater management techniques may be included in the required common open space calculations to the extent outlined under Section 6.7.4(F)(4). 6.7.3 Platting Restrictions. New development of sites consisting of 1 acre or greater can be platted, or replatted, as small lot clustered developments for single- family attached, detached, or two- family dwelling units as follows: K:1 Legal \SHAREDILEGAL- ❑EV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112 -01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc -353- § 6.7 Clustered Development Overlay District Ordinance Page 5 of 17 6,7.4 A. All lots within the proposed cluster development must be platted. B. Each clustered development must have a Home Owner's Association or another designated managing entity approved by the City for the maintenance of common facilities, drives, alleys, pedestrian paths, open space,_ parking areas, and stormwater maintenance onsite. C. Proposed deed restrictions must be submitted with the plat and must state that individually platted lots anAommon open spaces within the clustered development, Waal be further divided into smaller tracts. The d d,estr,c ns must be noted on the plat and recorded, a able through the Home Owner's Association Or an hatAssigned managing entity approved by the City. D. Where a Home Owner s Associatrorr other assigned managing entity approved by ice. .Cit,.is assigned as the managing entity of the . the Adevikight, the covenants, conditions, and restrictions 'of the development will be automatically renewableL a the' °mod of the established term unless 51% of the members agree to dissolve the association and thy. dissolution of the association is approved by th. f . '44"#' E. Platting or`rep d, tin y of lots must not create flag lots or inacce#115, - lots, tht'hin the development. The portion of the com o or7., o• =sa 6ace that is inaccessible by a street or lane fitted, provided that the common open space iortiartokee lot is shown and labeled on the plat, and noted t th common area shall not be developed for anything "th""` an a community building or common recreational se red Common Open Space. Not less than 35% of the site shall be conveyed as common open space and shall be applied to the entire development site rather than to any individual lot: B. Forty percent of the total square footage or acreage required for common open space may consist of active recreational features i.e. sy�i; nming pools, tennis courts, playgrounds), while the remaining 60% must consist of pervious surfaces for passive recreational use (Fig. 6.7,4.B). K:1 LegaI \SHAREDILEGAL- DEV.SVCS1Federai Grant Ordinances - Sept 2011 now ❑ct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc -354— § 6.7 Clustered Development Overlay District Ordinance Fie ure 6.7A.B. Passive Recreational Use. Page 6 of 17 C. Common open space may include undevelopable areas such as wetlands, creeks, and onsite vegetated stormwater dry detention basins planned for the site. as outlined under Section (F) below. D. The required common open space must be continuous, shaped for passive or active recreation, and must not measure less than 5 feet for a maximum distance of 20 linear feet, with exception of extraordinary circumstances such as the use of a walking bridge to cross a stormwater ditch or other unusual topographical situations onsite, in which case the minimum width /maximum distance requirement may be extended. E. Parking areas, impervious surfaces, impervious right-of- ways, impervious driveways, right -of -way_ yard setbacks, individual lot yard setbacks, and spaces between buildings of 10 feet or Tess in width do not qualify as common open space. F. Alternative Compliance Options. Compliance with the common open space requirement can . be met by implementing one or more of the following i options: • 1. Exclusive Use by Resider s. The required common open space onsite (e.g., private trails, passive and active recreational areas) can be dedicated to a Home Owner's Association who will be responsible for the maintenance of the common grounds. K:1Legal\SHARED1LEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS\12- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc -355- § 6.7 Clustered Development Overlay District Ordinance Page 7 of 17 2. Public Recreational Use. The . common open space provided _within the development boundaries may be contributed toward the Community Enrichment Fund land dedication and fees required by the City for new development, provided that the common open space provides at least one recreational element (Le. green space /small park, jogging or walking trails, etc.) that is available to the public and maintenenced by the Home Owners' Association or other designated managing entity. 3. Wetlands as Open Space. a. Non jurisdictional wetlands, i.e..: those. for Which impacts would not require a iUSACE ` permitting process, may be counted in a 2.1_.ratio (i.e. 2 acres of open space credit for«,eve t 1'u acre of wetland preserved) up to 50% of ,fhb' 'total open space requirement if incorporated into the design of the clustered develop.ent property boundaries. b. Preservation :of "imnsdidtional wetlands (those for which impacts wad require USACE permitting) can be used..ln a1 :1 ratio to offset up to 50% of the totai.cper ace requirement if incorporated into . the design of the development property boundaries. 4. Stormwater and Wastewater Management Techiilques. Vegetated stormwater bioswales, rain gardens, (or other preferable infiltration -based or retention - based systems, designed and sized in accordance with, and acceptable under, the Best Management Practices Manual) planned onsite may be counted towards the common open space requirement using a 1:1 ratio to offset up to 50% of the total open space requirement, if incorporated into the design of the clustered development property boundaries. b. Construction plans detailing the construction of the • Best Man agemenfi practices proposed onsite; • including target side slopes, depths, retention time, proposed plant species, and a long -term maintenance plan must be pre - approved by the Development Services Department ACM or their designee. K:1 Lega1 1SHAREDILEGAL- DEv.SVCSIFederaf Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc —356— § 6.7 Clustered Development Overlay District Ordinance Page 8 of 17 5. Plazas & Courtyards. Where pedestrian (non- vehicular) plazas or courtyards are incorporated into the design of the project, the square footage of plaza or courtyard areas that incorporate at least three of the features listed below may be contributed toward up to 1 OO %o of the common open space required onsite: a. Special interest planting with a wide range of plant materials including perennials and drought tolerant flowering shrubs. A minimum of 50% of the plant material used shall provide seasonal flower and/or foliage color. b. Pedestrian scale, bollard, or other accent lighting in accordance with the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces ". c. Special porous paving, such as colored /stained pervious concrete, pervious brick, or elevated decks constructed over earthen ground (not over slab), and utilizing methods that allow rainwater to reach, and infiltrate into the ground below (Fig. 6.7.4.F). urs:6.7.4.F. Common Co ar d. Seating, such as benches, tables, or low seating walls. K:\Legai \SHARED \LEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now 0ct111 -30 -11 MARKUPS112- 01- 11,Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc —357— § 6.7 Clustered Development Overlay District Ordinance Page 9 of 17 G. Maximum Common Open Space Alternative Compliance. 1. Where the common open space in a residential cluster development is conveyed by one, or through a combination of the methods above, no more than 50% of the common open space can be achieved utilizing these methods (excluding the plazas and courtyards listed above, or buffers required between two zoning districts, which can contribute up to 100 % of the requirement). 2. A deed restriction enforceable by the Ho Association or another designated m acipg,. err ity, shall be recorded that provides that ,the c ime;_r' open space shall be kept in the authorized co dli rf(s), and not be . developed for principal let,,. acc sore uses parking or roadways. Failure, elmmon open space in its authorized conditio be in violation of the City's 4 6.7.5 Residential Development Stan " -::d The following provisions sFII appitMo any residential lot within a clustered development, reg dies of the general requirements of the applicable reside[ = • nine' " -strict: A. The singl -fame an, two- family dwelling units listed under Section,' s a be permitted units when developed in accor ace vt he development standards listed under that sectio • `: -dh unit. Abe considered to edRevelopment Code. s min`rtum width or death of a lot shall a••l• iA .minimum separation of 8 feet shall be provided between �m If` principal 'buildings and structures, separation footage shall increase by 1 foot for each additional story added. 'd There must be a minimum eave separation of 6 feet_ an additional 1 foot separation between eaves added for each additional story. Front and rear yard setbacks for individual unit lots must equal a minimum of 15 feet combined, and must not be less than 5 feet for either yard. E. K:1 Legal \SHAREDILEGAL- DEV.SVCS1Federal Grant Ordinances - Sept 2011 now Octl11 -30 -11 MARKUPS112- 01- 11.sec. 6.7 MARKUPS, EM -DWB, FiNAL.doc —358— § 6.7 Clustered Development Overlay District Ordinance Page 10 of 17 F. Buildings located along a public street at the entrance to a clustered development shall not be located within 10 feet from the front property line of the proiect site along the public street (i.e. street yard). This standard does not apply to the individual dwelling units within the project site located on private alleys or local collector streets. 6.7.6 Density Bonuses. A. The City's Development Services Department may approve an increase in the maximum number of dweliehg units allowed within a compact or clustered deveiopm ,: sed on the maximum impervious coverage allowance pn.--ite) through one of the following options: • :n.. 1. For each dwelling unit constructed a fu `s accessible unit in accordance with the 4T Accessibility Standards, one additional &e,,l unit shall be permitted, up to a maxim f f57,% increase (above the underlying Zoning,Distrila ance) in the number of dwelling units. 2. For each affordable using unit (i.e. affordable to families earninc ,.80 %). of the Area Median Income) provided .am ain ''Athte development boundary, one addition l : &Witting unit shall be permitted, up to a maxtrium .f 115% increase (above the underlying Zq i Distrito allowance) in the number of dwelling Ins. ordable housing must be made available on approximately the same schedule as the balance of housing in the proposed development and may not be deferred until the final phases. b. The bedroom mix of affordable housing units must be roughly proportional to the bedroom mix of the market rate homes in each proposed development. c. Affordable housin• units are ex•ected to va from the market rate offerings in each development due to smaller sizes and fewer interior amenities; however, these variations must not adversely affect the energy efficiency of the affordable housing units. K:1 LegalISHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec, 6.7 MARKUPS, EM-DWB, FINALL.doc -359- § 6.7 Clustered Development Overlay District Ordinance. Page 11 of 17 d. Affordable housing units must be complimentary in exterior design and materials and must be dispersed throughout each development when planned. e. Affordable housing units must be sold or rented only to qualified households as defined by the City of Corpus Christi. f. Affordable housing units used as the basis for approving a density bonus shall be s . ct to a deed restriction and a mortgage lien to, j tthat newly constructed low- and moerate-incme sales and rental units remain ,afforadle 14 low- and moderate - income households :f reriod of not less than 30 years, Whik peel d may be renewed. B. Where any of the above methoare approved by the City's �� y Development Services DertnfNhe approved density bonus may not be applied (kid", than 15% of the gross area designated as the,tQrion .pen space area onsite. 4 C. Where pervious pavi tecFhrfques (i.e. the use of pervious concrete, poromaaveitfswgrvious asphalt, etc.) is utilized in the design of4lustged development, the pervious areas will not coupfw . s he 65% maximum impervious cover allowaic tea% e. The impervious surface area from whiclInThoffits, o6lIebted can be deducted from the maximum a .NtuaBirtnarvious surface allowance, provided that the pli " ` t is able to demonstrate the assimilation capacity runoff from the impervious surface areas being ir=d into vegetated green space within the site, on the ite plan. _ 6.7.7 vy`" e%/apks. Access and connectivity of sidewalks provided for each residential 0.dwellinq, office; or commercial building must be developed in accordance with the gity City's Building Code and the Texas Accessibilities Standards. 6.7.8 Fences. All fences proposed within a clustered development shall comply with the following guidelines: A. Lot Interior front and side yard fencing. All fencing on individual unit lots located in any front or side yard forward of the front wall of the • dwelling unit facade, may not be more than 48 inches in height. K:1Lega115HAREDILE GAL- DEUSVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30-11 MARKUP5112 -01 -11 .Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc —360— § 6.7 Clustered Development Overlay District Ordinance Page 12 of 17 1. Front fencing must be picket, split rail, iron, or any decorative fencing that provides a minimum of 50% transparency. 2. Wire, chain -link, or solid fencing is prohibited along the side or front property lines forward of the front wall facade of the dwelling unit, with the exception of low stone walls no higher than three feet, if a part of the Developers design scheme for the project. 3. Fencing shall not be placed in a right -of -wa \hall not be located closer than 1 foot from an existc alk, or not closer than 6 feet from the right - of -way where a sidewalk does not currently exist.�.`, B. Lot Rear yard fencing. Provided tat fe ng is not constructed any closer to the front.hf Nan unit lot than the rear facade or back wall of the diffifrOunit, fencing may be constructed along the rear rid reaL side yard property line of a dwelling unit lot asillovi1s.: 1. The height of the fe' ; .ijq tonstructed along a rear or rear -side proper y line o, not exceed 6 feet in height. 2. Wire or cal.- Iin'° $ - inq along the rear or rear -side yard prgAprtyltie, and rearward of the front dwelling unit wall igtraphbted. C. Devetdpm t , ite Fencing. When a clustered deye onet :t /is . located adjacent to a single - family r�ev�eimer, a screening fence of up to 6 feet in height st e provided along the property lines of the eloment as a visual buffer, and is not required to be solid: the fence may be an alternating picket or decorative iln design; provided . that the fence does not provide more than 30-40% transparency. 1. Fencing is not required when the clustered development site that is located 100 yards or greater from the property line of neighboring single - family, multiple - family, or commercial uses. 2. Fencing as a visual buffer between clustered developments and adjacent undeveloped, vacant lots is not required. 3, Fencing is required when the clustered development is located adjacent to oil and gas wells or telecommunication facilities or structures. K;1 LcgaI \SHAREDILEGAL- DEV.SVCSIFederaf Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc -361- § 6.7 Clustered Development Overlay District Ordinance Page 13 of 17 6.7.9 Buffers. A, . Where a proposed clustered development developed under this Ordinance is located adjacent to an RE or RS Zoning District, the applicant is required to provide a minimum buffer between the two differing densities in accordance with the standards of Section 7.9.5. B. Where the buffer includes walkways, pathways, seating areas, pedestrian or other passive recreation amenities (i.e. those activities that do not include development o.rlteration of the site other than the creation of hikin b1lgftand horseback riding trails, picnic areas, etc 4 the •sq. are footage of the landscaped area providin Viee nits may be contributed towards the common oper spa - r uirement onsite. A, C. Street Buffers. t All development located alonee treet designated as a Freeway, Arterial, r &olleotor Street on the Urban Transportation Plan f(la *Aext shall be required to provide one of the follaltq buffers (listed under Table 6.7.9.0 below) ng the entire street frontage abutting the ri• ht -d alto ve•etation shall interfere with a required -,,.clea sight triangle at a driveway or inter- -- ctio: s 2. Fdtkinc vislble from any public street shall include a e o s evergreen hedge or wall for the entire linear . ea 4f the vehicular use area visible from the ri• ht-of- a. The height of the hedge or wall shall be a minimum of 18 inches and a maximum of 36 inches as measured from the elevation of the vehicular use area or the street curb, whichever is higher. .b. Such hedge or wall may be substituted for any individual shrubs that ma be re uired in the street buffer. Utility Lines. No trees under utility lines shall have a natural height over 25 feet. K: lLagalIBIAREDILEGAL- DEV.SVCSIFederai Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc -362- § 6.7 Clustered Development Overlay District Ordinance Table 6.7.9.G. Page 14 of 17 Street Buffet Width ! Plant Matei°ial Illustratiou Plinttf] a(t In. Ft. 20 ft A four-foot �1/y� /fM *1f5�Y/1�n I 1�'V41r'f cc �4LM1't{I514YiFJ4YS evergreen hedge 3 canopy trees f p `? - -_ !. �:• � (� ..1.. - . {'n `, 5$' C}� 4- y_ . { }s M f 1d1 A - f� ' ' ' 20 ft 1 four-foot continuous e fergreen hedge 2 C2I3cpy treys ,. f.x.,. �+E `Ih� ..:_ 3 i j e 7 � _r. a.. ti5 ,.....�[ � ..F>;T. : �^ ' i i .:. - �, a..M1r 4fteri al Callector:treet Stffir k _ ;- ,....t.:. . -.. , 10 ft �, �� ,�x .�a � �',� ` �� � s ���, 3 canopy trees left may:. F 5 3 2 canopy trees 2 understory trees 10 f£ r; -h ^} ,.:, Utility Line. Option 4 ,.,,' 4 underst ry trees LGCaI Access Street.Buffef E ft } S $ S ` k a I canopy tree I understor�y tree 7 shrubs 6 ft i 1 canopy tree 2 understory tree 3 shrubs 6.7.1 d Site Dian. The preliminary and final site plan for a residential clustered development shall include, but shall not be limited to, the following information: K:1 Legal \SHARED\LEGAL- DEV.SVDS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc -363- § 6.7 Clustered Development Overlay District Ordinance Page 15 of 17 A. The maximum number and type of dwelling units proposed. E. The areas of the site on which the dwelling units are to be constructed or are currently located and their size (this may take the form of the footprint of the dwelling unit or a building envelope showing the general area in which the dwelling unit is to be located) and the lot setbacks. C. Illustrations showing the areas of the site designated for common open space and buffers and their dimensions and square footage /acreage. D. The areas of the site designated for parking and the dimensions of individual spaces. E. The number and percentage of dwelling L its, 4 Iny, that are Inq units. proposed to be accessible and /or afordbl zatk F. The location of sidewalks, trails,laod bike paths. G. Locations and dimensions la ne right -of -ways, alleys, and onsite stormwater a w/ e taier features. Landscaping and Lighting Pia s required or proposed for all vehicular, common o buffer, street yards, and right -of -way aas • SECTION 2. That the U Christi, Texas, effective changed by this oral remain in full force a �+ effect. or bsponding Zoning Map of the City of Corpus 1, as amended from time to time, except as any other ordinances adopted on this date, SECTION 3. „.Th o the extent that this amendment to the UDC represents a deviation fr m tl, apprehensive Plan, the Comprehensive Plan is amended to conform t UDC, as amended by this ordinance. SE�4 ['That all ordinances or parts of ordinances in conflict with this ola 1 ce y re hereby expressly repealed. SECTIeN 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of .competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 K:1LegaIISHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now all-11-30-11 MARKUPS112- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc —364— § 6.7 Clustered Development Overlay District Ordinance Page 16 of 17 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. This Ordinance shall take effect upon and after publication of this Ordinance. That the foregoing ordinance was read for the first time and passed to 1S ,second reading on this the day of , 20_, by the foo • '��ote: Joe Adame David Loeb • Chris Adler John E. Mayen Larry Elizondo, Sr. Nelda Mine , Kevin Kieschnick Mark tt Priscilla Leal That the foregoing ordinance was re r t ° "�cond time and passed finally on this the - day of _ , 20, by the following vote: Joe Adame David Loeb Chris Adler �, y %% John E. Marez f Larry Elizondo, ST„, 1,. Nelda Martinez Kevin Kieschri Mark Scott t Priscilla J.:.ea v VPAS'"r-D AND APPROVED this the day of , 20 . ATTEST: Armando Chapa City Secretary Joe Adame.---- - Mayor K:l Legal \SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS\12- 01- 11.Sec. 6.7 MARKUPS, EM -DWB, FINAL.dac —365- § 6.7 Clustered Development Overlay District Ordinance Page 17 of 17 APPROVED as to form only: this the day of , 20_ For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K:1 Legal \SHARED\LEGAL- DEV.SVCS1Federal Grant Ordinances - Sept 2011 now Cct111 -30 -11 •MARKUPS112- 01- 11,Sec. 6.7 MARKUPS, EM -DWB, FINAL.doc -366- § 6.8 Mixed Use Overlay District Ordinance Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.8 entitled, "Mix Use Overlay District ", relating to the use, regulations, and review standards for mixed use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan recognizes that well - planned commercial and residential activities in the same or adjacent buildings may enhance the quality of life in an area by providing needed service activities and by encouraging pedestrian rather than vehicular movement; WHEREAS, the Corpus Christi Comprehensive Plan and Area Development Plans recognize mixed -use development as a preferred alternative and method of development within areas of the City targeted for infill development and redevelopment; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.8 entitled "Mixed -Use Overlay District" to read as follows: 6.8 Mixed -Use Overlay District. 6.8.1 Purpose, The purpose of the Mixed Use Overlay District is to provide standards for mixed use development that includes residential uses to promote compatibility between new and existing development and ensure that mixed uses compatibly co- exist, and foster a variety of small, entrepreneurial, and flexible home -based businesses. Mixed residential uses encourage live, work, shop, and recreational environments, and more pedestrian- oriented social and economic neiahborhood centers, which are conducive to transit K: ILegaIISHAREDILEGAL- DEV.SVCSIFederal Grant Ordirr 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc 7Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- § 6.8 Mixed Use Overlay District Page 2 of 24 use and can reduce dependence on automobiles for single- purpose trips, by locating residents, lobs, hotels, and transit services near each other. This Ordinance hereby recognizes Mixed Use as an independent and use designation to be included within the City's Land Use Map. 6.8.2 Preapplication Conference. Required. Prior to submitting an application, and site plan review and approval for a residential mixed use project, the applicant shall request a "preapplication conference" meeting with the City's Development Services Department. 6.8.3 Allowances. A mixed -use development consisting of a single building on a single lot, or multiple buildings and lots, and incorporating residential uses, shall be a permitted use in the RM -AT, ON, CR -3, CN -1, CN -2, CR -1, CR -2, CG -1, CG -2, Cl ; and CBD Zoning Districts, when constructed in accordance with the standards of this Ordinance. Proposed residential mixed use development may not be appropriate within areas designated as a Naval Air Installation Compatibility Use Zone (AICUZ), and are not assured approval upon development review. 6.8.4 Application of Standards. The standards under this Ordinance shall be applied to all mixed use development within the City limits that includes a. residential use or uses as follows: A. Where a conflict exists between the standards of the underlying district or the UDC and the Mixed -Use Overlay District standards, the standards established under the Mixed Use Overlay District Standards Ordinance shall prevail., B. The standards provided under this Ordinance may only be applied to mixed -use development that is platted, developed, and constructed in accordance with this Ordinance. C. Mixed use development that does not include a residential use or uses shall not be bound by the standards of this ordinance. D. Where a mixed -use development is constructed under the standards of this Ordinance, the City's Land Use Maps shall be changed to designate the property as being utilized for mixed -uses. K:1 LegalISHAREDILEGAL- DEV.SVCSIFederal Grant Ordinarae8Sept 2011 now ()chi 1-30-11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 3 of 24 6.8.5 Development Overview. Mixed use developments for the purpose of this ordinance, consist of two or more different uses which include a residential use, and occupy the same or adiacent buildings that are planned together, and shall be combined in the following manner; A. Vertically in the same building where separate uses are on different floors (for instance, .retail on the ground floor and office and/or residential uses on the second and/or third floors); or B. Horizontally in multiple buildings where separate uses are placed next to each other, planned as a unit, (e.g. an apartment, single or two - family, or multiple- family residential dwelling building that is adjacent to a neighborhood commercial business or professional office building) planned together; or C. Through a combination of the two (Fig. 6.8.5.C). Figure 6.8.6.C. Vertical &Horizontal Mixed Use. Commercial use on 1st floor, residential or office space located "vertically" above. Residential use "horizontally" adiacent to the commercial or office use. Second Story Residential Above Ground Floor Commercial Ground Floor Residential Horizontal Mixed -Use Main Entry Oriented to Street ,Vertical Mixed Use D. All floors and uses within a mixed use development must be constructed in accordance with the City's current Building and Fire Department Codes. K: 1LegalISHAREDILEGAL- DEV.SVCS\Federal Grant Ordiurkessotaept 2011 now Oct111 -30 -11 FAA, DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL,doc § 6.8 Mixed Use Overlay District Page 4 of 24 E. At least 20% of the total land area within the residential mixed use project boundaries must be vertical .mixed uses, and whether within a single building or multiple buildings on a development site, a minimum of 10% of the building or development shall be non- residential and a minimum of 20% of the development shall be residential. This percentage shall be calculated, by determining the percent of net acres devoted to each type of use. F. The maximum total square footage of a non - residential use in a non - residential /residential mixed use building may not exceed 50% of the mixed use building; to ensure an appropriate scale. G. Within a vertical mixed use building, the use on the ground floor shall be a commercial, professional office, civic, tourist, or religious. use, and must be different from a use on an upper floor or floors: at least one of the floors within a vertical mixed use building shall contain residential dwelling unit(s). H. Within horizontal mixed use buildings the non - residential use may not occupy more than 50% of the total ground floor area or frontage of the mixed use building, and at least one of the uses must be for residential purposes. The division of Tots cannot be used to subvert the 50% residential requirement for horizontal mixed use. Commercial /office strip malls consisting of contiguous single - use, single -story structures are not considered a mixed -use development for the purposes of this Ordinance. J. Stand -alone big box commercial or warehouse stores are not permitted within a mixed -use development, unless planned and constructed as a Planned Unit DevelopmentlPUD) that includes residential uses. 6.8.6 Lot Area and Density Requirements. The minimum lot area and maximum density permitted within a mixed -use development shall be based an the requirements of the zoning district in which the proposed mixed use development is locate, unless otherwise stated under a Development Concept or Special. Overlay District Ordinance. 6.8.7 Maximum Building Square Footage. The maximum building square footage requirements for a mixed- use development shall be the same as the zoning district in which the proposed mixed use development is located, with the exception of the minimum building square footage requirements provided for the residential uses within a mixed -use development, which are K :1LegallSl- IAREDILEGAL- DEV.SVCS \Federal Grant Ordinar ',Sept 2011 now Oct111 -30 -11 FINAL DRAFTSl11 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 5 of 24 listed within the Section 6.14.4.A Table, or under a Development Conce•t or S•ecial Overla District Ordinance. 6.8.8 Minimum Lot Widths. A. For proposed horizontal mixed use developments consisting of non-residential/residential uses, the minimum lot width shall be 50 feet for the entire mixed use building. B. For proposed vertical mixed -use developments, the minimum lot width shall be 25 feet. C. Mixed Use development consisting of multiple - family residential uses (where permitted) shall have a minimum lot width of 50 feet, as listed within Table 6.14.4.A. 6.8.9 Setbacks. A. "Build-To" Zones. The "build -to" zone shall be defined for the purposes of this Ordinance, as the front, side, or rear setback area measured from the property line to the building facade or "build -to line" (Fig. 6.8.9.A), Figure 6.8.9.A WO Vehicular Zone Sidewalk Width & Build -To Area Varies B. Front Setbacks: Minimum of from 0 -10 feet measured from the property line. 1. Muitiole non-residential/residential mixed -use buildings (including Live -Work units) shall, to the greatest extent K:\LeaaIISHARED \LEGAL- DEV.SVCSIFederal Grant Ordinance I Sept 2011 now Oct\1 -30 -11 FINAL DIRAFTSI11 -30- 11.Sec. 6,8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 6 of 24 possible, be "built -to" the property line, or zero "build -to" line. 2. Multiple Live -Work units designed around a courtyard are not required to be built —to the zero "build -to" line. 3. in order to establish the "build -to" line for new mixed- use development where sidewalks are not yet established, the "build -to" line shall be the property line and must take into consideration the width of the sidewalk proposed for the site by the City's Urban Transportation Plan. 4. The front -yard/ "build -to" line for multiple residential dwelling units that are part of a horizontal mixed -use development (located adjacent to the nonresidential portion of the mixed use), may be used and increased in depth to provide space for privacy, landscaping, private courtyards, open areas, entryways, and similar amenities between the property line and the residential structure(s) (Fig. 6.8.9.B.4). 5. A single residential dwelling unit (listed under Section 6.14 constructed on a single lot, and part of a larger mixed use project, shall .provide a front yard setback that is located within 0 to 10 feet from the "built -to" line, as measured from the property line. Figures 6.6.9.8,4. Courtyards Located Rearward of the "Build -To" Line. K:1 Legal \SHAREDILEGAL- DEV.SVCS\Federal Grant Ordirie�2Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 7 of 24 C. Side Setbacks: 1. Multiple Contiguous Attached Buildings. No interior side yards shall be required, when attached buildings are constructed in accordance with the adopted . City Building Codes. 2. Multiple, individual, non - contiguous buildings or detached structures without a constructed firewall shall require the following: A minimum 4 -foot side yard for single -story structures, with one additional foot added to each side yard for each additional story. b. A 6 -foot minimum eave separation. c. A minimum 8 -foot separation between building walls. 3. Side yards abutting a side street shall require a minimum side yard of 10 feet, which can include the 5 or 10 -foot sidewalk where required. D. Rear Setbacks: Minimum of 5 feet. 6.8.10 Heights, Heights for mixed use buildings must follow the same standards established for the zoning districts for which they are located. 6.8.11 Permitted Non - Residential Uses. A. Bars, Taverns, Clubs, and Alcoholic Beverage Sales. 1. The proposed development of a mixed -use structure incorporating a bar, tavern, nightclub, or liquor store in conjunction with a non- transient (i,e. over 30 days of residency) residential use shall be permitted in the zoning districts allowing for their use. 2. The proposed development of a mixed -use structure incorporating a restaurant with alcoholic beverage sales in conjunction with a residential use is permitted in the zoning districts where al restaurant with alcoholic beverage service is permitted. 3. The proposed development of a mixed -use structure incorporating alcoholic beverage sales or service in conjunction with a Live -Work unit shall be prohibited in all zoning districts. K:1 Lega l\SHAREDILEGAL- DEV.SVCS1Federal Grant Ordinanept 3Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc '� r § 6.8 Mixed Use Overlay District Page 8 of 24 B. Drive- through windows for any purpose are not permitted within a mixed use development unless located behind the principle structure with access to and from the drive- through area provided from the rear of the lot. C. The non - residential uses permitted in each mixed -use development category are limited to the following uses: Table 6.8.11.0. Permitted Non - Residential Mixed -Uses. Adult Day -Care Centers Art Studios Artists and Artisans Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales Banks (drive- throughs see Section 6.8.11(B) above) Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Homes (no allowance for special events) Bicycle Rentals Boarding, Rooming, Lodge Houses Cafes and Bistros Child Care Centers Civic/Government Office Uses Community Gardens - Limited Agricultural Uses Com•uter Software and Multimedia Related Professionals Convention or S ecial Events Centers Drycleaners (drop -off, pick -up only) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Desi • ners Florist Funeral Home or Parlor (no crematorium Health Spas, Fitness Centers Home Occupations Ice Cream Parlors Laundromats Liquor Store (except in AT District), Mai! & Packaging Centers Marina Medical Offices & Clinics Museums Neighborhood Market (groceries only) Neighborhood Pharmacy Non- Medical Offices Nutritional Sales Physical Fitness G ms, Dance, Martial Arts Studios Printin • Publishin Enoravin• Professional Services (including, attorneys, accountants, insurance sales barbers travel a•enc consultant firms en. ineers architectural • K:I Legal \SHAREDILEGAL- DEV.SVCS1Federal Grant Ordina Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWI3.FINAAL.doc � § 6.8 Mixed Use Overlay District Page 9 of 24 firms and similar uses Real Estate Offices Recreational Centers Indoors includin• arcades Recreational Centers (Outdoors, miniature golf, sports fields, amusement • iers Repair & Sales /Services, conducted entirely within a building;. (television, computer, plumbing, locksmith, shoe repair, but riot including auto repair, detailing, tire service, auto body painting, home a. •fiance re +air or similar uses Restaurants, Food & Beverage Service, (sit -down or take-out services •ermitted without alcohol service Restaurants, Food & Beverage Service, (sit -down or take -out services with alcohol service permitted in districts allowing for the use) Retail Sales (including Boutiques, Delicatessens, Video /Game Rentals, Musical Instrument Sales /Repair, Fruits & Vegetables Sales, Automotive Parts (no service of vehicles or bays ansite), Crafts, Hardware, Home Decor, News & Books, Jewelry /Repair & Sales, Paint, Sporting Goods, Optical, Office Supplies, Greeting Cards, Anti. ues Schools School Tutorin • Services Senior Activit Centers Senior Assisted Livin • Ta i to r /Seam stress /D ressm a ki n • Utilit Offices no outdoor storase Veterina Clinics no outside runs 6.8.12 Required Open Space. Mixed -use projects located in the RS 6, RS -4.5, RS -TH, RS -TF, RM -1, RM -2, RM -3, RM -AT, ON, CN -1, CN -2, CR -1, CR -2, CG -1, CG -2, CI, and CBD Zoning Districts must provide open space equaling a minimum of 10% of the combined floor area of all residential units. A. Outdoor Open Space. Half of the open space required shall be provided as passive or active recreation outdoor open space (plaza, courtyard, roof -top terrace, or similar space (Figs. 6.8.12.A). K:1 Legal \SHAREDILEGAL - DEV.SVCS\Federal Grant Ordinarysepe Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc•33 !y § 6,8 Mixed Use Overlay District Figures 6.8.12.A. Common Courtyards as Open Space. _ ' '1_a Page 10 of 24 1. The square footage of balconies, porches and patios, or terraced and landscaped rooftops, may count toward half of the outdoor open space requirement, provided that a. The space provided is oriented to the household use. b. The space provided is sufficient space for the enjoyment of the occupants. c. The space provided is either useable by all the residents of the building or is provided for each residential unit in the structure. 2. Outdoor pedestrian- oriented open space for projects must include: a. Visual and pedestrian access (including barrier- free access)- to the abutting structures from the public right- of-ray or a non - vehicular courtyard. b. On -site or building_ mounted lighting, providing at least 0.6 foot- candles (average) on the ground in accordance with the lighting standards of the _Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces ". c. Outdoor pedestrian - oriented space shall not include asphalt- or gravel.. pavement, adjacent unscreened parking lots or chain !ink •fences, adjacent blank walls'$ adjacent darn stets outdoor storage or retail sales that do not contribute to the pedestrian environment. • K:1 LegallSHAREDILEGAL- DEV.SVCSIFederal Grant Ordinang,e4 bSept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30, 11.Sec. 6.8 Mixed -Use Overlay District.VD- DWB.FINAL.doc 0 0 § 6.8 Mixed Use Overlay District Page 11 of 24 d. The adaptive reuse of an existing building may not be required to meet the 10% open space requirement, see Section 7.12.7 of the Adaptive Reuse Ordinance. e. Paved walking surfaces provided shall consist of either concrete, pervious concrete or asphalt, porous pavers, or other approved unit of paving, in areas intended for foot traffic, made fully accessible under the requirements of the Americans with Disability Act (ADA) standards. f. Seating provided shall measure at least 3 feet in length (bench, ledge, planter walls, fixed or individual street furniture, etc.), or one individual seat per 60 square feet of plaza area or open space. gw Roof -top terrace areas provided as open space . may not include service areas, outdoor storage or retail sales areas. h. Landscaping provided to enhance the area shall provide at least 30% of a plaza or courtyard shaded by a structure or tree canopy coverage (at 10 years after planting), the shade landscaping points provided may be doubled when counted toward the required landscaping points onsite. Half of the 10% open space requirement may be met for the mixed -use development where the development is connected to an improved public park located within 1,300 feet of the mixed -use building, by a continuous sidewalk. B. Indoor Open Space. Half of the 10% open space required must be provided inside the mixed use proiect and may include the following: 'C. Indoor swimming pools. 2. Gymnasiums or fitness rooms. 3. Landscaped indoor atriums or courtyard areas with seating (e.g. as seen in many Omni Hotels). 4. Community recreational space. C. Within the downtown and u town CR -1 CI and CBD Districts, the square footage of outdoor swimming pools may be counted toward the outdoor open space requirement. K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordin "7$spt 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 12 of 24 6.8.13 Building Orientation, Massing, and Facade Appearance. A. All properties with frontage on public and private streets shall upon development of a mixed use building have the building or buildings facing the public street. B. Building facades may "step back" on the upper floors to reduce the bulk (Figs. 6.8.13.B), Figures 6.8.13.B. Buildings "step -back" on the upper floors. Each sequential building or block of new construction shall attempt to contain a unique building facade (e.q. contrasting building materials or textures, variations in rooflines along a single block face, variations in color, etc.) so as to encourage architectural variety within large projects with multiple buildings (Fig. 6.8.13.C). Figure 6.8.13.0. • D. -For every 100 feet of building facade length, the building shall incorporate _ modulated and articgl-ated wilding_ wall planes through use of proipct €ores, recesses and _reveals expressing. structural bays, changes in color or graphical patterns, changes in_ texture additional display windows, or changes in building material. K:ILegaIISHAREDILEGAL- DEV.SVCS \Federal Grant Ordinapp4sa Sept; 2011 now Oct111 -30-11 FINAL DRAF- 5111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWS.FINAL.doc § 6.8 Mixed Use Overlay District Page 13 of 24 E. No permanently installed burglar bars shall be visible from an •ublic street. The •round floor .ortion of a mixed use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours. (See Section 6.13.1(E)(5), Figs. 8 -11). F. With the exception of (E) above, the adaptive reuse of a historical structure is exempt from the remaining requirements of this section (6.8.13). 6.8.14 Building Entrances. A. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway /courtyard entrances to a cluster of spaces. B. On corner lots, buildings and their entrances shall be oriented to the street corner as feasible (Figs. 6.8.14.B); however the Adaptive Reuse of a historical structure shall be exempt from this requirement. Figures 6.8.14.B. gofi • sir — at'x.. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing to reduce the angular appearance of the building at the street corner. D. A building may have an entrance facing a side yard when a direct •edestrian walkwa is •rovided between the buildin entrance and the street right -of -way. E. Every dwelling unit with a front facade facing the street in a pedestrian retail or storefront area, if _provided, shall to the maximum extent possible have its primary entrance face the street. K:1 Legal \SHARED\LEGAL- DEV.SVCSIFederal Grant Ordinary; 9Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWS.FINAL.dac § 6.8 Mixed Use Overlay District Page 14 of 24 Prominent, visible, illuminated, and safe entrances shall be provided that lead to upper floor residential and ground floor commercial. G. The primary public entry to the building shall be clearly defined, and building entrances shall incorporate elements thatprovide shade from the sun and weather protection for pedestrians, through the use of awnings, arcades, porticos, or marquees which shall be a permitted use for all mixed -use development through a Use Privilege Agreement with the City. 6.8.15 Streetscape Zone. A Streetscape Zone in accordance with the standards of Section 6.13 shall be provided for all mixed -use projects located on an Arterial or Collector Street. 6.8.16 Access and Driveways. A. Access to parking areas shall be provided from the rear or side of the mixed -use building, unless the mixed -use building is part of an Adaptive Re -use project in which case the standards of Section 7.12 shall apply. B. All other access drive dimensions for the lot or development must be in compliance with the City of Corpus Christi's Manual of Driveway Design and Construction Standards. C. Mid -Block Pedestrian Pass- throughs. 1. Where a proposed large -scale Mixed Use. Special Overlay development project includes coverage of a block area of 400 linear feet or more, a mid -block pedestrian pass - through or galleria shall be provided (Figs. 6.8.16.C.1). Fi ures 6.8.16.0.1. Pedestrian Pass -Throu i.h K:1 Lega lISHAREDILEGAL- DEV.SVCSIFederai Grant Ordi.ept 2011 now Ocf111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay DIstrict.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 15 of 24 2. The pass-through shall be lighted and designed to be safe and visually interesting for pedestrians, incorporating such features as display windows or artwork. 3. Mid -block pedestrian pass - throughs must be designed so they cannot be enclosed or locked. 4. The pedestrian pass- through can be used to connect separate buildings, or Zink customer parking located behind buildings to the front of buildings. 6.8.17 Parkinq. The requirements of this Section supersede the parking requirements of Section 7.2 "Off-Street Parkin, Loading and Stacking" regulations of the City's Unified Development Code; however, all other requirements of Section 7.2 shall apply. A. All new off- street parking lot areas must be oriented to a side - or rear- and `Fi . 6.8.17.A . K:1 LegaI \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordina asp Sept 2011 now Oct\11-30-11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc'8 I § 6.8 Mixed Use Overlay District Figure 6.8.17.A (a) Pedestrian - Oriented Street GOOD (b) (c) won iiinii ..... J Pedestrian- Ortentetl Street ACCEPTABLE Page 16 of 24 q. e Pedestrian - Oriented Street UNACCEPTABLE B. New parking lot areas cannot be located on a corner lot fronting a pedestrian- oriented street. C. New parking lot areas may not be located between a pedestrian - oriented street (i.e. Streetscape Zone, Freeway, Arterial, or Collector Street) and the primary building. D. Parking lot areas on adjoining neighborhood commercial lots shall be connected, whenever practicable. E. Landscape screening is required between a side yard parking lot and a pedestrian sidewalk (Fig 15 (b) above), unless located :adjacent to an alley, or located behind the rl ncipal building (Fig, 15(a) above), and must include shade trees acceptable under the City's Landscaping Ordinance. F. Rear Parking Allowance. Parking for non - residential uses fronting a Freeway, or Arterial right - of-way shall make every attempt to locate the new required parking spaces behind the rear facade of the principal building (Figs.5.8.17.F). Figures 6.8.17.F. NOT T.iIS ingrantimaial P Sriday ;ailEd 1011111144 l Jutn_I.og ¢I'liiii:0IwI0E1 Frrrfeeted Pailleatto sad. Access Coaiteardtian K: IL. egal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinal q Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc 33 0 L- § 6.8 Mixed Use Overlay District THIS Page 17 of'24 OR THIS • Street liner Rata rp. i r Ceetlnllrter Parkrng Street:. n"e ~'R tajl r o Customer Parking Big Box Apprbx.'ti[,O00 Sq.% Caner kilted E b a Alternative dans at leraeformat stare using Haber ikm improve its interface witfl street L Off- street surface parking areas constructed and located behind the principal buildings which are screened from the view of the Freeway or Arterial Street by the principal building shall be exempt from the parking lot landscape screening requirements of. the City's Landscaping Ordinance, except along the rear property line when a residential development is located across a street or abuts the rear parking lot. 2. For every parking space provided behind a principal building fronting a Freeway or Arterial right -of -way, one parking space may be deducted from the total minimum number of parking spaces required onsite for the use (1:2 ratio, one rear parking space provided for every two spaces required onsite). 3. Where parking is provided behind the .principal structure on Freeways or Arterial Streets, the front yard setback for the business or office may be reduced to a minimum of 10 feet, regardless of the requirements for the district in which it is located, provided that the front 10 -foot yard of the business or office is supplied with a 10 -foot pedestrian - friendly sidewalk. 4. All •arkin• areas +rovided behind the rinci• al use must be provided with safety lighting, in accordance with the lighting standards of the Illuminating Engineering Society of North America's (IESNA) "Guideline for Securi Li • htirl • for Pea • le Pro •ert and Public Spaces" and shall be shielded. G. At 'a minimum, the following parking shall be provided for a mixed use development: K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinaetp Sept 2011 now Oct111 -30-11 FINAL DRAFSS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 18 of 24 1. Parking for medical, non - medical, retail, commercial, or professional office space shall be in accordance with the parking requirements of Section 7.2.2.D 2. Townhomes, brownstones, duplexes, live /work units and each apartment within a mixed -use building shall require a minimum of one off- street parking space per dwelling unit, with a maximum of two off- street parking spaces per unit, unless other requirements are provided under a Special Overlay District or other Development Concept Overlay District. H. Parking Garage Structures. Where off - street parking facilities in above -grade structures are proposed within a Mixed Use Special Overlay development, the above grade structures shall comply with the following standards:. 1. Where above - ground parking structures must front on an Arterial or Collector retail or commercial street, a continuous street - fronting ground level commercial, office, or institutional spaces and uses shall be provided, except at ingress and egress points into the structure and any required ventilation (Fig. 6.8.17.H.1). Figure 6.8.17.H.1. PARDONS DECK 2. Parking structures shall be visually similar in character and scale to adjacent buildings. 3. Except on sides abutting an alley or Collector Street, all floors above the ground floor of the parking structure shall have architecturally articulated facades designed to screen the view of parked cars (Fig. 6.8.17.H.3)1 or be designed as an enclosed structure above and along the retail, commercial, or professional office Arterial frontage. K: 1LegaIISHAREDILEGAL- DEV.SVCSIFederal Grant Ordiru„a3 s4 Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 6. 11 .Sec. 6.8 Mixed -Use Overlay Districf.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 19 of 24 Eiqure 6.8.17.1.3. 4. Design of Entries /Access. Vehicle entries to off - street parking structures shall be oriented away from the primary Arterial Street frontage. 6.8.18 Loading Areas, Loading and service areas shall be located in interior side yards or rear yards only. The number of loading spaces required for a mixed use development shall be based on the square footage of the Commercial or Professional Office use alone and in accordance with the standards of Section 7.2. 6.8.19 Servicing and Solid Waste Collection. In order to preserve the pedestrian orientation of the storefront or pedestrian retail area, all servicing, loading, and solid waste collection shall take place off - street away from pedestrian walkways, generally in dumpsters or individual receptacles provided in an alley, or rear access drive, and shall not be directly viewed from a public sidewalk. Solid waste containers located within direct view of a public sidewalk may require screening or relocation. Screening structures shall be designed so they it complement and blend with the design of the main building. All trash receptacles and areas shall follow the standards of Sections 7.1 0.2 and 7.10.3. 6.8.20 Fencing. A. Prominent facades on street- facinq units may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency, forward of the front facade of the building (Figs. 6.8.20.A). K:1 Legal \SHAREDILEGAL- DEV.SVCS \Federal Grant Ordiaasts5 . ept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Fl tires 6.8.20.A. Page 20 of 24 B. Residential units consisting of courtyards and entrances located rearward of the "build-to" line may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency (Fig. 6.8.20.B). Figure 6.8.20.8. C. Lower solid fencing, solid landscaping, and . walls not exceeding 4 feet in height, or decorative iron fences no greater than 7 feet in height are acceptable (Fig. 6.8.20.0 Fi • tyre 6.8.20.C. K:\LeaaRSHARED \LEGAL- DEV.SVCSIFederal Grant Ordiramm Sept 2011 now Oc1\11 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 21 of 24 6.8.21 Accessory Structures. A. Accessory dwelling units are not permitted within a mixed - use development. B. Detached or attached garages are permitted for residential uses provided the footprint square footage of the garage is included in the total square footage of the lot and does not impose upon the open space requirements of the underlying Zoning District or the requirements of Section 6.8.12 where required. C. Common garages are permitted and encouraged in.a mixed- use development and the footprint square footage of the garage must be included in the total square footage of the lot and must not exceed the open space requirement of the underlying Zoning District or the requirements of Section 6.8.12 where required. D. All accessory structures permitted within the applicable Zoning District shall be permitted within a mixed -use development, with the exception of billboards, off - premise signs, and telecommunication facilities /structures. 6.8.22 Application Requirements. In addition to the requirements that generally apply to development applications, the applicant for mixed use development shall also provide the following information when submitting a site plan for the development: t Pedestrian connection plan (sidewalk dimensions). 2. Streetscape im rovements dimensions and additions where required. 3. A plan for any revision of the interior circulation. 4. Landscaping plan. 6. Open space locations and calculations. 6. Density and building dimension calculations. 7. Labeling of residential, commercial,_ professional office, and Live -Work units where applied. 8. The locations of all setbacks. 9. Lighting plan. 10. Signage Plan. 6.8.23 Procedures and Criteria for Alternative Compliance. Alternative compliance is a procedure that allows development 'to occur where the intent of the Unified Development Code and the design standards for mixed use are met through an alternative desi u n. It is not a • eneral waiver of re . ulations. Rather, it . ermits a site - specific plan to incorporate an alternative design that is equal to or better than the strict application of a design standard in K:1 LegalISHAREDILEGAL- DEV.SVCSIFederal Grant Ordinan3 7Spt 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 22 of 24 meeting the intent of both the zoning district and the applicable standard. If a concept plan or development plan is to include a request for approval of alternative compliance, a pre - submittal conference is required to determine the preliminary response from the City's Development Services Department ACM or designee. Based on that response, the application for a conceptual plan or development plan shall, include sufficient explanation and justification, in both written and graphic form, for the alternative compliance requested. A request for approval of alternative compliance may include proposed alternatives to one or more design standards. To grant a request for alternative com _pliance the following criteria must be met: 1. The proposed alternative achieves the intent of the subject design standard to the same or better degree than the subject standard. 2. The proposed alternative achieves the mixed -use goals and policies in the Mixed -Use Overlay District Ordinance to the same or better degree than the subject standard. 3. The proposed alternative results and how they benefit the community and how they are equivalent to or better than, compliance with the subject design standard. Alternative compliance shall apply to the specific site for which it is requested and does not establish a precedent for assured approval of other requests, or the entire development plan, or future developments. K:1 Legal \SHARED\LEGAL- DEV,SVCS\Federal Grant Ordirmricpvjt. Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed-Use Overlay District.YD - DWB.FINAL.doc § 6.8 Mixed Use Overlay District Page 23 of 24 SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, . word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. 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. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on next page. K:1LegalkSHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD- DWB.F1NAL.doc —389— § 6.8 Mixed Use Overlay District Page 24 of 24 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Joe Adame David Loeb Chris Adler John. E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of. , 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 20_. ATTEST Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only: this the day of . , 20 For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K:1 Legal \SHAREDILEGAL- DEV,SVCSIFederal Grant Ordinesoa -.Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 6.8 Mixed -Use Overlay District.YD - DWB.FINAL.doc Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.8 entitled, "Mix Use Overlay District ", relating to the use regulations, and review standards for mixed use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan recognizes t,at well - planned commercial and residential activities in the same or adjace z° : uildings may enhance the quality of life in an area by providing needed se ies and by encouraging pedestrian rather than vehicular movement; WHEREAS, the Corpus Christi Comprehensive Plan an . ref a =lopment Plans recognize mixed -use development as a preferred alte ;; eve nd method of development within areas of the City targeted for efi evelopment and redevelopment; ;n:ry, WHEREAS, with proper notice to the public;pubrid hearings were held on Wednesday, August 3, 2011, during meetin fr >the Planning Commission, and on Tuesdays, October 11, 2011 and Dec, m er 13, 2,11, during meetings of the City Council, in the Council Chambers, a�City Halt in the City of Corpus Christi, during which all interested persons -re altwelto appear and be heard; WHEREAS, the City Council Development Code (UDC), its citizens by providing 5elbgu ensuring compatibility irrtioalep and ensuring growth in orderly public health and ed that this amendment to the Unified rve the general welfare of the City and ase for more sustainable communities by ent; maintaining consistency and character; and desirable manner that will preserve the NOW THEW *ay BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORP4 C AI at the Corpus Christi Unified Development Code is amended by SECT ad¢ir °. •ection 6.8 entitled "Mixed -Use Overlay District" to read as follows: Mixed -Use Overlay District. 6.8.1 Purpose. The purpose of the Mixed Use Overlay District is to provide standards for mixed use development that includes residential uses to promote compatibility between new and existing development and ensure that mixed uses compatibly co- exist, and foster a varlet of small entrgpreneuriaf,_and flexible home -based businesses. Mixed residential uses encourage live work, shop, and recreational environments, and more pedestrian- oriented social K: 1LegaIISHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —391— § 6.8 Mixed Use Overlay District Page 2 of 25 and economic neighborhood centers, which are conducive to transit use and can reduce de endence on automobiles for sin le- ur ose trips, by locating residents, jobs, hotels, and transit services near each other. This Ordinance hereby recognizes Mixed Use as an independent land use designation to be included within the City's Future Land Use Map. 6.8.2 Preapplication Conference. Required. Prior to submitting an application, and site a N review and approval for a residential mixed use project, the a pfi .hall request a "preapplfcation . conference" meeting ,u4,i1h he,>,Coitv's Development Services Department. �. 6.8.3 Allowances. A mixed -use development consisting a sr�.. building on a single lot, or multiple buildings and Ind incorporating residential uses, shall be a permitted trterRM -AT ON, CR -3, CN -1, CN -2, CR -1, CR -2, CG- C . , , and CBD Zoning Districts, when constructed in aeorccwith the standards of this Ordinance. Proposed resideria ixe' use development may not be appropriate within area desiq aed as a Naval Air Installation Compatibility Use Zone (A.,UZ) and are not assured approval upon development rev*ff. 6.8.4 Application of . oar da r thi( Ordinance shall be applied to all mixed The standards,, of .... use develomet n the City limits that includes a residential use or s o rl iws: A. , ere ' a conflict exists between the standards of the ncIyiriq district or the UDC and the Mixed -Use Overlay r4' strict standards, the standards established under the Mixed Use Overlay District Standards Ordinance shall prevail. z B The standards provided under this Ordinance may only be applied to mixed -use development that is platted, developed, and constructed in accordance with this Ordinance. C. Mixed use development that does not include a residential use or uses shall not be bound by the standards of this ordinance. D. Where a mixed -use development is constructed under the standards of this Ordinance, the City's Land Use Maps shall be changed to desiInate the property as being utilized for mixed -uses. K:1 Lega l \SHAREDILEGAL- DEV.SVGS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPSI12- 01- 11.Sec. 6.8 MARKUPS, YD -DUVB, FINAL.doc —392— § 6.8 Mixed Use Overlay District Page 3 of 25 6.8.5 Development Overview. Mixed use developments for the purpose of this ordinance, consist of two or more different uses which include a residential use, and occupy the same or adjacent buildings that are planned together, and shall be combined in the following manner; A. Vertically in the same building where separate uses are on different floors (for instance, retail on the ground floor and office and/or residential uses on the second and/or third floors); or B. Horizontally in multiple buildings where sep placed next to each other, planned as ea. _.. apartment, single or two- family, or multiOe -fare dwelling building that is adiacent4oAa commercial business or professiona�t': together; or uses are t, (:a. an v esidential n e ighborhood ding) planned C. Through a combination of ttwo4 6.8.5.C). Figure 6.8.5.C. Vertical &Horizcifitio me' Ilse. Commercial use on 1st floor. residential or office space ocated rtically" above. Residential use, "horizontally" adjacent to the co ercia) dr office use. 1 Second Story Residential Above Ground Floor Commercial Ground Floor Residential Horizontal Mixed -Use Main Entry Oriental r- Mixed Use •T po All floors and uses within a mixed use development must be constructed in accordance with the City's current Building and Fire Department Codes. K:1 LegaI \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec, 6.8 MARKUPS, YD -DWB, FINAL.doc --393— § 6.8 Mixed Use Overlay District Page 4 of 25 E. At least 20% of the total land area within the residential mixed use project boundaries consistinq of multiple buildings must be vertical mixed uses, and whether within a single building or multiple buildings on a development site, a minimum of 20% 1 O% of the building or development shall be non- residential and a minimum of 20% of the development shall be residential. This percentage shall be calculated by determining the percent of net acres devoted to each type of use. F. The maximum total square footage of a non - residential use in a non - residential /residential mixed use building may not exceed 50% of the mixed use building, to ensure an appropriate scale. G. Within a vertical mixed use building, the use on the ground floor shall be a commercial, professional office, civic, tourist, or religious use, and must be different from a use on an upper floor or floors: at least one of the floors within a vertical mixed use building shall contain residential dwelling unit(s), N. Within horizontal mixed use buildings the non - residential use may not occupy more than 50% of the total ground floor area or frontage of the mixed use building, and at least one of the uses must be for residential purposes. The division: of lots cannot be used to subvert the 50% residential requirement for horizontal mixed use. L Commercial /office strip malls consisting of contiguous single - use, single -story structures are not . considered a mixed -use development for the purposes of this Ordinance. J. Stand -alone big box commercial or warehouse stores are not permitted within a mixed -use development, unless planned and constructed as a Planned Unit Development (PUD) that includes residential uses. 6.8.6 Lot Area and Density Requirements. The minimum lot area and maximum density permitted within a mixed -use development shall be based on the requirements of the zoning district in which the proposed mixed use development is located, unless otherwise stated under a Development Concept or Special Overlay District Ordinance. 6.8.7 Maximum Building Square Footage. The maximum building square footage requirements for a mixed - use development shall be the same as the zoning district in which K:( Legal \SHAREDILEGAL- DEV.SVCSI,Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11,Sec. 6.8 MARKUPS, YD -DVVB, r=INAL.doc —394— § 6.8 Mixed Use Overlay District the proposed mixed use development is located, with the exception of the minimum buildin• s•uare foota•e re•uirements •rovided for the residential uses within a mixed -use development, which are listed within the Section 6.14.4.A Table, or under a Development Canoe or S•ecial Overla District Ordnance. Page 5 of 25 6.8.8 Minimum Lot Widths. A. For proposed horizontal mixed use developments consisting of non - residential /residential uses, the minimum lot width shall be 50 feet for the entire mixed use building. B. For proposed vertical mixed -use developments, the minimum lot width shall be 25 feet. C. Mixed Use development consisting of multiple - family residential uses (where permitted) shall have a minimum lot width of 50 feet, as listed within Table 6.14.4.A. 6.8.9 Setbacks. A. "Build -To" Zones. The "build -to" zone shall be defined for the purposes of this Ordinance, as the front, side, or rear setback area measured from the property line to the building facade or "build -to line" (Fig. 6.8.9.A). Figure 6.8.9.A Vehicular 1011e Sidewalk '+ 'idth & Biriid- h Area Varies K:ILegallSHARED \LEGAL- DEV.SVDSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD-DWB, F1NAL.doc —395— § 6.8 Mixed Use Overlay District Page 6 of 25 B. Front Setbacks: Minimum of from 0 -10 feet measured from the property line. 1. Multiple non - residential /residential mixed -use buildings (including Live -Work units) shall, to the greatest extent possible, be "built -to" the property fine,_ or zero "build -to" line. 2. Multiple Live -Work units designed around a courtyard are not required to be built to the zero "build -to" line. 3. In order to establish the "build -to" line for new . mixed- use development where sidewalks are not yet established, the "build -to" line shall be the property line and must take into consideration the width of the sidewalk proposed for the site by the City's Urban Transportation Plan. 4. The front -yard/ "build -to" line for multiple residential dwelling units that are part of a horizontal mixed -use development (iodated adjacent to the nonresidential portion of the mixed use), may be used and increased in depth to provide space for privacy, landscaping, private courtyards, open areas, entryways, and similar amenities. between' the property line and the residential structure(s)Fig. 6.8.9.13.4). 5. A single residential dwelling unit (fisted under Section 6.14 constructed on a single lot, and part of a larger ,mixed use proiect, shall provide a front yard setback that is located within 0 to 10 feet from the "built -to" line, as measured from the propertyline. Figures 6.8.93.4. Courtyards Located Rearward of the "Build -To" Line. maw K:1 Lega l\SHAREDILEGAL- DEV,SVCS\FEderal Grant ordinances Sept 2011 now Oct111 -30 -11 MARKUPS\12- Oi- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc -396- § 6.8 Mixed Use Overlay District Page 7 of 25 C. Side Setbacks: t Multiple Contiguous Attached Buildings, No interior side yards shall be required, when attached buildings are constructed in accordance with the adopted City Building Codes. - regulations and standards. 2. Multiple, individual, non - contiguous buildings or detached structures without a constructed firewail shall require the following: a. A minimum 4 -foot side yard for single -story structures, with one additional foot added to each side yard for each additional story. b. A 6 -foot minimum eave separation. c.. A minimum 8 -foot separation between building walls. 3. Side yards abutting a side street shall require a minimum side yard of 10 feet, which can include the 5 or 10 -foot sidewalk where required. D. Rear Setbacks: Minimum of 5 feet. '- ..- 6.8.10 Heights. Heights for mixed use buildings must follow the same standards established for the zoning districts for which they are located. 6.8.11 Permitted Non- Residential Uses. A. Bars Taverns, Clubs, and Alcoholic Bevera ie Sale. 1. The proposed development of a mixed -use structure incorporating a bar, tavern, nightclub, or liquor store in conjunction with a non- transient (i.e. over 30 days of residency) residential use shall be permitted in the zoning districts allowing for their use. 2. The proposed development of a mixed -use structure incorporating a restaurant with alcoholic beverage sales in conjunction with a residential use is permitted in the zoning districts where a restaurant with alcoholic beverage service is permitted. 3. The proposed development of a mixed -use structure incorporating alcoholic beverage sales or service in K:I Legal \SHAREDILEGAL- DEVSVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 IVMARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —397— § 6.8 Mixed Use Overlay District Page 8 of 25 conjunction with a Live -Work unit shall be prohibited in all zoning districts. B. Drive - through windows for any purpose are not permitted within a mixed use development, unless located behind the principle structure with access to and from the drive - through area provided from the rear of the lot. C. The non - residential uses permitted in each mixed -use development category are limited to the following uses: Table 6.8.11.C. Permitted Non- Residential Mixed- Adult Day -Care Centers Art Studios, Artists and Artisans • e , . Bakeries Patisseries , Chocolates, are allowed wher t he - fy use is Retail Sales if Banks (drive- throughs see Section 6.8.11(B 466itel Beautician Salons & Barbers (excluding nail4pare Bed & Breakfast Homes no allowance;. or s ,242r kevents Bicycle Rentals A j.. Boarding, Rooming, Lodge Houses, " Cafes and Bistros Child Care Centers h „ Civic /Government Offic�s � Community Gardens -4E1m ,) A&icultural Uses Computer Software e ApdAtilul edia Related Professionals Convention or fie'ciartmenis Centers Drycleaners( o ■-• , pig -up only) Farmers M ~kettefl'Stand Fashig 4Mric,:Jnterior and Other Designers Io .N. n - Rinera o a or Parlor (no crematorium) 0 eith S as, Fitness Centers 4I10e.. occupations .,Cream Parlors Laundromats `Liquor Store (except in AT District) J _ _ Mail & Packaging Centers Marina Medical Offices & Clinics Museums Neighborhood Market (groceries only} Neighborhood Pharmacy Non - Medical Offices Nutritional Sales K: 1Legal \SHAREDILEGAL- DEV.SVCS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc -398— § 6.8 Mixed Use Overlay District Page 9 of 25 physical Fitness Gyms, Dance Martial Arts Studios Printing Publishing Ens ravin s Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Real Estate Offices Recreational Centers Indoors, including arcades) Recreational Centers (Outdoors, miniature golf, sports fields, amusement piers) Repair & Sales /Services, conducted entirely within a building*, (television, computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, home appliance repair, or similar uses) . Restaurants, Food & Beverage Service, (sit -down or take -out services serrated without alcohol service Restaurants, Food & Beverage Service, (sit -down or take -out services with alcohol service sermitted in districts allowing for the use) Retail Sales (including Boutiques, Delicatessens, Video /Game Rentals, Musical Instrument Sales /Repair, Fruits & Vegetables Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Horne Decor, News & Books, Jewelry /Repair & Sales, Paint, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques), Schools School Tutoring Services Senior Activity Centers Senior Assisted Living Tailor /Seamstress /Dressmaking Utility Offices ino outdoor storage' Veterinary Clinics no outside runs 6.8,12 Re mired O e i S ace. Mixed -use projects located in the RS-6, RS -4.5, RS -TH, RS T1=1, I S -TF RM -1. RM -2, RM -3, RM -AT, ON. CN-1, Cif -2, CR -1, CR -2, CG -1, CG -2, CI, and CBD Zoning Districts must provide open space equaling a minimum of 10% of the combined floor area of all residential units. A. Outdoor Open Space. F "im met Half of the open space required shall be provided as passive or active recreation outdoor open space (plaza, courtyard, roof - tope terrace, or similar space (Figs. 6.8.12.A). K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FIINAL.doc -399- § 6.8 Mixed Use Overlay District Page 10 of 25 The square footage of balconies, porches and patios, or terraced and landscaped rooftops, may count toward the 5% half of the outdoor open space requirement, provided that; a. The space provided is oriented to the household use. b. The space provided is sufficient space for the enjoyment of the occupants. c. The space provided is either useable by all the residents of the building or is provided for each residential unit in the structure. 2. Outdoor pedestrian - oriented open space for projects must include: a. Visual and pedestrian access (including barrier - free access) to the b uttinq structures from the, public right-of-way or a non - vehicular courtyard. b. On -site or building mounted lighting, providing at least 0.6 foot - candles (average) on the ground in accordance with the lighting standards of • the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces ". c. Outdoor pedestrian - oriented space shall not include - asphalt or gravel paverdent, adjacent .unscreene �arlc n lots -or chain link- fences, gdjacent "blank walls" ad'acent dui outdoor storage or retail sales that do not contribute to the pedestrian environment. K:1Lega1 SHARED \LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 MARKUPS\12-01-11.Sec. 6.8 MARKUPS, YD -DWS, FINAL.doc -400- § 6.8 Mixed Use Overlay District Page 11 of 25 d. The adaptive reuse of an existing building ma not be required to meet the 10% open space requirement, see Section 7.12.7 of the Adaptive Reuse Ordinance. de. Paved walking surfaces_provided shall consist of either concrete, pervious concrete or asphalt, porous pavers, or other approved unit of paving, in areas intended for foot traffic, made fully accessible under the requirements of the Americans with Disability Act (ADA) standards. ef. Seating provided shall measure at least 3 feet in length (bench, ledge, planter walls, fixed or individual street furniture, etc.), or one individual seat per 60 square feet of .plaza area or open space. #§.. Roof -top terrace areas provided as open space may not include service areas, outdoor storage or retail sales areas. MI Landscaping provided to enhance the area shall provide at least 30% of a plaza or courtyard shaded by a structure or tree canopy coverage (at 10 nears after planting), the shade landscaping points provided may be doubled when counted toward the required landscaping points onsite. hi. The 5% Half of theoutdoor open space requirement may be met for the mixed -use development where the development is connected to an improved public park located within 1,300 feet of the mixed - use buildin b a continuous sidewalk. B. Indoor Qeen S•ace. •-• Half of the 10% open space of-the required efface must be provided inside the mixed use project and may include the following: 1. Indoor swimming pools. 2. Gymnasiums or fitness rooms. 3. Landscaped indoor atriums or courtyard areas with seating '(e.g.'as seen in many Omni Hotels). 4. Community recreational space. C. Within the downtown and u +town CR -1 CI and CBD Districts, the square footage of outdoor swimming pools may K:1 Legal \SHARED \LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 5.8 MARKUPS, YD -DVVB, FiNAL.doc —401— § 6.8 Mixed Use Overlay District Page 12 of 25 be counted toward the 6% outdoor open space requirement. 6.8.13 Building Orientation, Massing, and Facade Appearance. A. All properties with frontage on public and private streets shall upon development of a mixed use building have the building or buildings facing the public street. B. Building facades may "step back" on the upper floors to reduce the bulk (Figs. 6.8.13.B). Fi s ores 6.E.13.B. Bulldin ' s "ste - back" on the u • ' er floors. C. Each sequential building or block of new construction shall attempt to contain a unique building facade (e.q. contrasting building materials or textures, variations in rooflines along a single block face, variations in color, etc.) so as to encourage architectural variety within large projects with multiple buildings (Fig. 6.8.13.C). Fi ure 6.8.13.C. O. For every 100 feet of building facade length,_ the building - shaliin_corporate rrodulatedand articulated building_ wall planes through use of projections, recesses and reveals expressing structural bays, changes in color or graphical .patterns, changes in texture, additionai display windows or changes in building material. KALegaPPSHAREDILEGAL- DEV.s11CSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -D\NB, FINAL.doc -402- § 6.8 Mixed Use Overlay District 6.8.14 Page 13 of 25 E. No permanently installed burglar bars shall be visible from an. •ublic street. The •round floor .ortion of a mixed use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours. f See Section 6.13.1(E)(5), Figs. 8 -11). F. With the exception of (E) above, the adaptive reuse of a historical structure is exempt from the . remaining requirements of this section (6.8.13). Building Entrances. A. Building entrances may include entrances to individual units, lobby entrances, entrances oriented to pedestrian plazas, or breezeway /courtyard entrances to a cluster of spaces. B. On corner lots, buildings and their entrances shall be oriented to the street corner as feasible (Figs. 6.8.14.B); however the Adaptive Reuse of a historical structure shall be exempt from this requirement. Figures 6.8.143. C. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incor• orates other detailin• to reduce the an ■ uiar appearance of the building at the street corner. D. A building may have an entrance facing a side yard when a direct • edestrian walkwa is rovided between the buildin entrance and the street right -of -way. E. Every dwelling unit with a front facade facing the street in a pedestrian retail or storefront area, if provided, shall to the maximum extent possible have its primary entrance face the street. F. Prominent, visible, illuminated, and safe entrances shall be provided that lead to upper floor residential and ground floor K:1LegaI\SHAREDILEGAL- DEV'.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —403— § 6.8 Mixed Use Overlay District Page 14 of 25 commercial. G. The primary public entry to the building_ shall be clearly defined, and building entrances shall incorporate elements that provide shade from the sun and weather protection for pedestrians, through the use of awnings, arcades, porticos, or marquees which shall be a permitted use for all mixed -use development through a Use Privilege Agreement with the City. 6.8.16 Streetscape Zone. A Streetscape Zone in accordance with the standards of Section 6.13 shall be provided for all mixed -use projects located on an Arterial or Collector Street. 6.8.16 Access and Driveways. A. Access to parking areas shall be provided from the rear or side of the mixed -use building, unless the mixed -use building is part of an Adaptive Re -use project in which case the standards of Section 7.12 shall apply. B. All other access drive dimensions for the lot or development must be in compliance with the City of Corpus Christi's Manual of Driveway. Design and Construction Standards. C. Mid -Block Pedestrian Pass- throughs. 1. Where a proposed large -scale Mixed Use Special Overlay development project includes coverage of a block area of 400 linear feet or more, a mid -block pedestrian pass- through or gaiieria shall be provided (Figs. 6.8.16.C.1). Figures .6.8.16.C.1. Pedestrian Pass - Throu • hs • K:1 Legal \SHAREDILEGAL- DEV,SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —404— § 6.8 Mixed Use Overlay District Page 15 of 25 2. The pass - through shall be lighted and designed to be safe and visually interesting for pedestrians, incorporating such features as display windows or artwork. . 3. Mid -block pedestrian pass- throughs must be designed so they cannot be enclosed or locked. 4. The pedestrian pass - through can be used to connect separate buildings, or Zink customer parking located behind buildings to the front of buildings. 6.8.17 Parking. The requirements of this Section supersede the parking requirements of Section 7.2 "Off Street Parking, Loading and Stacking" regulations of the City's Unified Development Code; however, all other requirements of Section 7.2 shall apply. A. All new off-street parking lot areas must be oriented to a side - or rear- argil Fi . 6.8.17.A . K:1LegaI\SHARED \LEGAL- DEVSVCS \Federal Grant Ordinances - Sept 2011 now Oct\11-30-11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL..doc -405- § 6.8 Mixed Use Overlay District Ficawre 6.8.17.A (a) Parking Let ■•R.•rRl EtII{1 r•Ell IIEY:11:11 11E 1••.RI1rRl•• ■12.11 ::: MIrl RIC0111 rlAlrr lF 111, IIIE. l M.•l Y.Y1. n.Y1 £� rr r• rA r r p r �l r r n GIr.1 is Pedestrian- Oriented Street GOOD (b) Rlf••.Y•YYnl•1•n Yi n...... n•IRF i•••.m.rl.n.nn Jo Pedestrian - Oriented Street ACCEPTABLE Page 16 of 25 (c) Parking Lo MI A Ezja Pedestrian - Oriented Street UNACCEPTABLE B. New parking lot areas cannot be located on a corner lot fronting a pedestrian - oriented, street. C. New parking lot areas may not be located between a pedestrian - oriented street (Le. Streetscape Zone, Freeway, Arterial, or Collector Street) and the primary building. D. Parking lot areas on adjoining neighborhood commercial Tots shall be connected, whenever practicable. E. Landscape screening is required between a side yard parking lot and a pedestrian sidewalk (Fig, 15 (b) above), unless located adjacent to an alley, or located behind the principal building (Fig. 15(a) above), and rnust include shade trees acceptable under the City's Landscaping Ordinance. F. Rear Parking Allowance. Parking for non - residential uses fronting a Freeway, or Arterial right -of -way shall make every attempt to locate the new required parking spaces behind the rear facade of the principal building (Figs.6.8.17.F). Figures 6.8.17.F. NOT THIS iTlfrl`r"l!IUIii�� . 11 1 i Mill THIS S aj Street �I 1IF�f�liltl IIill[tiltptIllgy ttl F II�N 'din rill �I_ iii IIEji (It!lil� le ©nverititafa@ P rki€tti a©d Anceas C rrrr i;plrrar $turn. Pfenr td Porlllfil[ti and Amass Cnit i garar1iiarr K:1 Legal \SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30-11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —406— § 6.8 Mixed Use Overlay District THIS Page 17 of 25 OR THIS Alb:reatrve plans ne a iargaiormat stare using Hamm-di I to twig& Its iirtadaee with sweat _ nst ucted and 1. Off - street surface parking area ,�.s� located behind the princildgeatut ings which are screened from the view •f thxN Freeway or Arterial Street by the principal lbuiidil` ,,a1Vbe exempt from the parking lot Iandsca •� re inq requirements of the City's Landscapin qtr, except along the rear property line wln a r 'dentiai development is located across a street abuts t, e rear parking lot. - 2. For eve acing space provided behind a principal buildhat fftitinc a Freeway or Arterial right -of -way, one parlogpigibelrfiay be deducted from the total minimum. prAmat,of ,parking spaces required onsite for the use aiaareVone rear parking space provided for every '4‘two,spices required onsite). ere arkin+ is rovided behind the +rinci +al structure on Freeways or Arterial Streets, the front yard setback for the business or office may be reduced to a minimum of 10 feet, regardless of the requirements for the district in which it is located, provided that the front 1 Ofoot yard of the business or office is supplied with a 10 -foot pedestrian friendly sidewalk. 4. All •arkin= areas +rovided behind the •rinci•al use must be provided with safety lighting, in accordance with the lighting standards of the Illuminating Engineering Society of North America's (IESNA) "Guideline for Securi Li•htin• for Pep le Pro•ert and Public Spaces" and shall be shielded. G. At a minimum, the following parking shall be provided for a mixed use development: K:\LegaRSHARED \LEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112 -01 -11 ,sec, 6.8 MARKUPS,, YD -DWB, FINAL.doc -407- § 6.8 Mixed Use Overlay District Page 1.8 of 25 1. Parking for medical, non - medical, retail, commercial, or professional office space shall be in accordance with the parking requirements of Section 7.2.2.D 2. Townhomes, brownstones, duplexes, live /work units and each apartment within a mixed -use building shall require a minimum of one off - street parking space per dwelling unit, with a maximum" of two off-street parking spaces per unit, unless other requirements are provided under a Special Overlay District or other Development Concept Overlay District. H. Parking Garage Structures. Where ofF treat gar inq facilities in above -grade structures are ,p ip° .d v ithin a Mixed Use Special Overlay developmerft, tha44ie grade structures shall comply with the followi ig anda s: 1. Where above - ground parking struc�'es must front on an Arterial or Collector ratiLor‘bommercial street, a continuous street -frog level commercial, office, or institutioal ,.a la es and uses shall be provided, excep.. i : eswnd egress points into the structure and a requir ` ventilation (Fig. 6.8.17.H.1). Figure 6.8 k7 .1. PARKING DECK 2. Parking structures shall be visually similar in character and scale to adjacent buildings. 3. Except on sides abutting an alley or Collector Street, all floors above the ground floor of the parking structure shall have architecturally articulated facades designed to screen the view of parked cars (Fig. 6.8.17.H.3), or be designed as an enclosed structure above and along the retail, commercial, or professional office Arterial frontage. K: ILegal \SHAREDILEGAL- DEV.5VCS1Federal Grant Ordinances - Sept 2019 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —408— § 6.8 Mixed Use Overlay District Page 19 of 25 Figure 6.6.17.11.3. 5 4. Design of Entries /Access. Vehicle entries to off- street parking structures shall be oriented away from the primary Arterial Street frontage. 6.8.18 Loading Areas. Loading and service areas shall be located in interior side yards or rear yards only. The number of loading spaces required for a mixed use development shall be based on the square footage of the Commercial or Professional Office use alone and in accordance with the standards of Section 7.2. 6.8.19 Servicing and Solid Waste Collection. in order to preserve the pedestrian orientation of the storefront or pedestrian retail area, all servicing, loading, and solid waste collection shall take .place off- street away from pedestrian walkways, generally in dumpsters or individual receptacles provided in an alley, or rear access drive, and shall not be directly viewed from a public sidewalk. Solid waste containers located within direct view of a public sidewalk may require screening or relocation. Screening structures shall be designed so they it complement and blend with the design of the main building. All trash receptacles and areas shall follow the standards of Sections 7.10.2 and 7.10.3. 6.8.20 Fencing, A. Prominent facades on street - facing units may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency, forward of the front facade of the building (Pigs. 6.8.20.A). K:1 Lega lISHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS;12- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —409— § 6.8 Mixed Use Overlay District Fi i ures 6.8.20.A. Page 20 of 25 B. Residential units consisting of courtyards and entrances located rearward of the 'build-to" line may not be concealed behind high walls, solid fencing, or privacy fences that provide Tess than 50% transparency (Fig. 6,8.20.B).. Figure 6.8.20.B. Lower solid fencing, solid Landscaping, and walls not exceeding 4 feet in height, or decorative iron fences no greater than 7 feet in height are acceptable (Fig. 6.8.20.C). Fi • ure 6.8,20 C. K :1LegaIISHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sspt 2011 now Oct111 -30 -11 MARKUPS112 -01- 11.Sec. 6.8 MARKUPS, YD -D1/1/8, FINAL.doc -410- § 6.8 Mixed Use Overlay District Page 21 of 25 6.8.21 Accessory Structures. A. Accessory dwelling units are not permitted within a mixed - use development. B. Detached or attached garages are permitted for residential uses, provided the footprint square footage of the garage is included in the total square footage of the lot and does not impose upon the open space requirements of the underlying Zoning District or the requirements of Section 6.8.12 where required Common garages are permitted and encour use development and the footprint squa,Fe.J garage must be included in the total square fop and must not exceed the open spade, quiir underlying Zoning District or theme, .line_._ 6.8.12 where required. !thin the id within a ti�of billboards, cilities /structures. ir a,mieed- of the .f the lot ent of the of Section D. All accessory structures Zoning District shall bia development, with thele signs, and telecomm4nicatio rmitt 6.8.22 Application Require. In addition to the re applications, tI provide the folk?. develo• me 1 . P est pta n onnection plan (sidewalk dimensions). - tsc -oe im • rovements dimensions, and additions where 77Iner, applicable mixed -use off - premise is that generally apply to development or mixed use development shall also ation when submitting a site plan for the ui Ian for any revision of the interior circulation. �4. =.!_aridscaping plan. ,,,bpen space locations and calculations. .: Density and building dimension calculations. -7. Labeling of residential, commercial, professional office, and Live -Work units where applied. 8. The locations of all setbacks. 9. Lighting plan. 10. Signage Plan. 6.8.23 Procedures and Criteria for Alternative Compliance. Alternative compliance is a procedure that allows development to occur where the intent of the Unified Development Code and the design standards for mixed use are met through an alternative design. It is not a general waiver of regulations. Rather, it permits a site - specific plan to incorporate an alternative design that is equal K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -t1 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —411— § 6.8 Mixed Use Overlay District Page 22 of 25 to or better than the strict application of a design standard in meetingthe intent of bo #h the zoning district and the applicable standard. If a concept plan or development plan is to include a request for approval of alternative compliance, a pre - submittal conference is required to determine the preliminary response from the City's Development Services Department ACM or designee. Based on that response, the application for a conceptual plan or development plan shall include sufficient explanation and justification, in both written and graphic form, for the alternative compliance ruested. A request for approval of alternative M a y proposed alternatives to one or more design stapdarcre To grant a request for alternative compliance the follow' 'q orriimust be met: 41141-41t of the subject 1. The proposed alternative achieves t design standard to the same or bar;, deg fee than the subject standard, 2. The proposed alternatiye4.4a revetsythe mixed -use goals and policies in the Mixed -IJse OTIav District Ordinance to the same or better degree han th, Subject standard. 3. The propose I#err ive results and how they benefit the communit i .d w ; hey are equivalent to or better than, comgliarrce . title ubiect design standard. AlternatimexMarance shall apply to the specific site for which it is reaues ed a . s not establish a precedent for assured approval of . 134 regq nests, or the entire development plan, or future . de to rn t K:1 Legal \SFIAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, FINAL.doc —412— § 6.8 Mixed Use Overlay District 6.8.24 Change of Use. Page 23 of 25 but the owncr or owners of the mixed use development shall not violate or allow the violation of the land use mix provisions of this Section through subsequent lea--. In girder to enforce the space within a mixed use development and submit sufficient pursuant to this Section. p g l S f the City of Corpus SECTION 2. That the UDC and corresponding Zoni • Christi, Texas, effective July 1, 2011, as ame : fr•. t e to time, except as changed by this ordinance and any othe adopted on this date, ''y r remain in full force and effect. SECTION 3. That to the extent th9Ithis " ment to the UDC represents a deviation from the Comprehensiv'" the omprehensive Plan is amended to conform to the UDC, as amend rdinance. SECTION 4. That all o dipa;.es ,e parts of ordinances in conflict with this ordinance are hereby exp 9 ,.f= �i aled. SECTION 5. If forany 'n any section, paragraph, subdivision, clause, phrase, word isi of this ordinance shall be held invalid or unconstitutio I b 4 naI judgment of a court of competent jurisdiction, it may not affect any (oth s ption, paragraph, subdivision, clause, phrase, word or provisio of is d dinance, for it is the definite intent of this City Council that every n',1aaragraph, subdivision, clause, phrase, word or provision hereof be .ice and effect for its purpose. SEC • N 6. A. violation of this ordinance or requirements implemented under this or•°inance 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. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on next page. K:1LegaI1SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now 0ct111 -30 -11 MARKUPS112- 01- 11.Sec, 6.8 MARKUPS, YD -DWB, FINAL.doc —413— § 6.8 Mixed Use Overlay District Page 24 of 25 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20 , by the following vote: Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick • Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time anpasi `finally on this the day of , 20_, by thefoIoi arez Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal PASSED AND AP ATTEST: /3 VE Arm a. #y lha a. Ci 0. Airjak this the day of , 20 . Joe Adame Mayor APPROVED as to form only: this the day of For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K: lLegaI ISHAREDILEGAL- DEV.SVCS;Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.8 MARKUPS, YD -DWB, F!NAL,doc —414— § 6.8 Mixed Use Overlay District Page 25 of 25 KALegal\SHAREDIEGAL-DEV.SVCSIFederal Grant Ordinances - Sept 2D11 now Oct;11-30-11 MARKUPS112-01-11.Sec. 6.8 MARKUPS, YD-OVVB, FINAL.doo —415— § 6.11 Uptown- Downtown Mixed -Use Special (MUS) Overlay District Ordinance amending the Corpus Christi Unified. Development Code by adding a new Section 6.11 entitled, "Uptown- Downtown Mixed -Use (MPS) Special Overlay District ", relating to the establishment of a mixed -use special overlay district promoting mixed -use development within the uptown . and, downtown areas of the City; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan encourages high quality retail development within the Central Business District; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that high - density residential development is crucial to the continued redevelopment of the Central Business District and should be encouraged, along with hotel and motel development to help establish a core residential population that will serve to support further commercial growth and redevelopment in the Central Business District; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that the installation of unique signage and street furniture can create an ambience in the Central Business District that will draw people into the area, and help to establish the Central Business District area as' a gathering space; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Zoning Ordinance is amended by adding a new Section 6.11 entitled "Uptown- Downtown Mixed -Use (MUS) Special Overlay District" to read as follows: —416— § 6.11 Uptown - Downtown Mixed -Use Special (MUS) Overlay District Page 2 of 6 6.11 Uptown- Downtown Mixed -Use (MUS) Special Overlay District. 6.11.1 Purpose. This Ordinance shall hereby establish a Mixed Use Special Overlay District and boundary within the Uptown and Downtown areas of the City of Corpus Christi. All mixed -use development incorporating residential or tourist mixed uses within the established district shall be developed and constructed and afforded the permitted uses in accordance with the Mixed Use Overlay District Standards of Section 6.8. 6.11.2 Application. The standards of this Section shall apply to all mixed -use development incorporating residential or tourist mixed uses and proposed within the Uptown and Downtown boundary outlined below, where a residential mixed -use or tourist mixed -use development is proposed. A. Uptown - Downtown Mixed Use Special Overlay District Boundary. For the purpose of this Ordinance, the standards provided for. the Uptown and Downtown areas shall apply to the areas and Tots located within the following boundaries (See Fig. 6.11.2.A, "Map of the Uptown- Downtown Mixed Use (MUS) Special District Boundary "): Northern -most Boundary: Land south of the Ship Channel Eastern Boundary: Corpus Christi Bay Southern Boundary: Furman Avenue, west to Water Street. Western Boundary Line: (From South to North) From Furman Avenue north on Tancahua Street to Park Avenue, west on Park Avenue to Staples Street, north on Staples Street to Laredo Street; west on Laredo Street to Highway 286 /Crosstown Ex • resswa North on Hi • hwa 286 /Crosstown Expressway to Lipan Street; West on Lipan Street across Highway 286 /Crosstown Expressway west to North Port Avenue; North on North Port Avenue to Interstate 37 Freeway; following Interstate 37 east and north (and including areas to the south of Interstate 37) to U.S. Highway 181: North on U.S. Highway 181 to the Ship Channel. B. Light Industrial (IL) Zonini Districts located within the Uptown- Downtown Special Mixed -Use Overlay boundaries may be considered for development as a residential -mixed use or tourist mixed use under this Ordinance, if rezoned to a district allowing for less intensive uses ( i.e., commercial. Office, or residential uses). KA Lega11SHAREDILEGAL- DEVSVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.11 Uptown-Downtown iVIUS District Ordinance.YD- DWB.FINAL.doc —417— § 6.11 Uptown- Downtown. Mixed -Use Special (MUS) Overlay District Page 3 of 6 Figure 6.11.2.A. Uptown- Downtown (MUS) 0veriav District Boundary Maw Uptown - Downtown (MUS) Overlay District Boundary UPTOWN -OOWNTCWN SPECIAL MIXED USE (MUS) • OVERLAY DISTRICT BOUNDARY �... Printing Date: Wednesday, November 9, 2011 File: K:4DevelopmentSvcs \SHAREDIGIS ProJectsl4JeremylUptown - DowntownlUptown- DOwntownOverlayDistrictBoundery2 .mxd Prepared Sy: jerernym Coordinate System: NAD 1988 StatePlene Texas South PIPS 4205 Feet OperratIng System: Microsoft Windows XP Professional AroMap Build Number. 10.0 02011 City of Corpus Christi, TX K:I Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.11 Uptown- Downtown MUS District Ordinance.YD- DWB.FINAL.doc -418- § 6.11 Uptown- Downtown Mixed -Use Special (MUS) Overlay District Page 4 of 6 6.11.3 Uptown- Downtown (MUS) Special Overlay District Standards. Mixed -use development incorporating residential uses and proposed within the Uptown- Downtown MUS Special Overlay District boundaries shall follow the Mixed -Use Overlay District Development Standards of Section 6.8 with the followin• additional requirements, exceptions, and incentives: A. The establishment of awnings, arcades, porticos, marquees, and streetscape furniture (Le. public, not privately -owned furniture) within the Uptown- Downtown MUS Special Overlay District boundary shall be permitted under a Use Privilege Agreement with the City; However, the annual Use Privilege Agreement Fee for awnings, arcades, porticos, marquees and streetscape furniture provided and located within the boundaries of this District shall be waived. B. Awnings must be constructed in accordance with the standards outlined under Section 6.13.1(D), and in compliance with the standards outlined under the awning definition provided under Section 1.11.3 of the Unified Development Code. C. A Streetscape Zone in accordance with the .standards outlined under Section 6.13 shall be provided for all new development of a residential mixed -use or tourist mixed -use development proposed within the Uptown - Downtown MUS Special Overlay District boundaries located on an Arterial or Collector Street. D. Although the new parking area location standards of Section 6.8.17 shall apply for all residential mixed -use development, no additional parking above what is currently present onsite shall be required for residential mixed -Use development proposed within the Uptown- Downtown (MUS) Special Overlay District, provided that any existing available parking onsite is not reduced; E. Where the underlying zoning district reauires fewer parking spaces for uses proposed within the mixed -use building, the parking space areas above what is required by the underlying zoning district may be used in the development of the mixed -use building. F. In no case shall the required number of accessible parking spaces constructed in accordance with the Americans with Disabilities Act construction standards be reduced. G. There. shall be no minimum lot area for a residential mixed - use development within the Uptown- Downtown Special K:1 Legal lSHAREDILEGAL- DEV.SVCS\Fedcral Grant Ordinances - Sept 2011 now Oct,11 -30 -11 FINAL DRAFTS 111- 30- 11.See. 6.11 Uptown-Downtown MUS District Grdinance.YD- DWB.FINAL.doc —419— § 6.11 Uptown- Downtown Mixed -Use Special (MUS) Overlay District Page 5 of 6 Mixed Use District boundary, provided that the remaining minimum lot widths, required yard dimensions, and the minimum open space standards of Section 6.8.8 and 6.8.9 of the Mixed Use Overlay District Ordinance are met. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on next page. K:'Legal \SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTSI11- 30- 1I.Sec. 6.11 Uptown- Downtown MUS District Ordinance.Y7D- DWB.FINAL.doc —420— § 6.11 Uptown - Downtown Mixed -Use Special (MUS) Overlay District Page 6 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 20 , by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin- Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 20 by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of 20_. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only: this the day of , 20_. For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K;1 LegalISHAREDIEGAL- DEV.SVCS\Federai Grant Ordinances - Sept 2011 now Octlr 1 -30 -11 FINAL DRAFTS\11- 30- 11.Sec. 6.11 Uptown - Downtown MUS District Ordinance.YD- DWB.FINAL.doc —421— Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.11 entitled, "Uptown - Downtown Mixed -Use (MUS) Special Overlay District ", relating to the establishment of a mixed -use special overlay district promoting mixed -use development within the uptown and .downtown areas of the City; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; .Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan encourages hwhuality retail development within the Central Business District; WHEREAS, the Corpus Christi Comprehensive Plan recogni s xfh tk' ldensity residential development is crucial to the continued redeve1 p ent the Central Business District and should be encouraged, alon Wit ,Ile r and motel development to help establish a core residential po ;hat will serve to support further commercial growth and redevelop t 6%01e Central Business District;. WHEREAS, the Corpus Christi Comprq01, i. e� In recognizes that the installation of unique signage and street .furniture,. -n create an ambience in the Central Business District that will draw peg le into he area, and help to establish the Central Business District area atrspace WHEREAS, with proper noti e. t the q • ublic, public hearings were held on Wednesday, August 3, 2011 g g g Commission, 3 ur'�: twigs of the Plannin Commission and on Tuesdays, October 1111r d December 13, 2011', during meetings of the City Council, in the Co naifr. ers, at City Hall, in the City of Corpus Christi, during which all inter - step =.; rip s were allowed to appear and be heard; WHEREAS, th i ;•:•cii has determined that this amendment to the Unified Developme �,• UDC), would best serve the general welfare of the City and its citizens • y pr' i , g a regulatory base for more sustainable communities by y ensurino •atib`lity in development; maintaining consistency and character; and a <...urih • • with in an orderly and desirable manner that will preserve the pubic hea n end safety; NOWt ,HEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Zoning Ordinance is amended by adding a new Section 6.11 entitled "Uptown- Downtown Mixed -Use (MUS) Special Overlay District" to read as follows: 6.11 Uptown- Downtown Mixed-Use (MUS) Special Overlay District. § 6.11 Uptown- Downtown Mixed -Use Special (MUS) Overlay District Page 2 of 7 6.11.1 Purpose. This Ordinance shall hereby establish a Mixed Use Special Overlay District and boundary within the Uptown. and Downtown areas of the City of Corpus Christi. All mixed -use development incorporating residential or tourist mixed uses within the established district shall be developed and constructed and afforded the permitted uses in accordance with the Mixed Use Overlay District Standards of Section 6.8. 6.11.2 Application. The standards of this Section shall apply to all mixed -use development incorporating residential or tourist mixed uses and ( proposed within the Uptown and Downtown i" Iritensiye Commer -ial, "CBD" Downtown Commercial, and "CR 1" Resort boundary outlined . below . where a residential mixed -use or tourist mixed -use development is proposed. A. Uptown - Downtown Mixed Use Special Overlay District Boundary. For the purpose of this Ordinance, the standards provided for the Uptown and Downtown areas shall apply to the areas and lots zoned as "CI ", "CBD ", and located within the following boundaries (See Fig. 6.11.2.A, "Map of the Uptown - Downtown Mixed Use (MUS) Special District Boundary "): Northern -most Boundary: Land south of the Ship Channel Eastern Boundary: Corpus Christi Bay Southern Boundary: Furman Avenue, west to Water Street Tan:eahua Street.. Western Boundary Line: (From South to North) From Furman Avenue north on Water Street Tancahua Street to Park Avenue .and in linen wi i� Coleman Street; west on �� t Coleman Park Avenue to Sta 1p es Street, north on Upper Sta • les Street to Laredo Street " west on Laredo Kinney Street to North Tancahua Street; Street (includinq lots abutting Lian Street to the north and Highway 286 /Crosstown Expressway; North on Highway 286 /Crosstown Expressway to M a Lip an Street West on Mestina Li. an Street across Highway 286 /Crosstown Expressway west to North Port Avenue; North on North Port Avenue to Interstate 37 Freeway; following Interstate 37 east and north (and including areas to the south of Interstate 37) to U.S. Highway 181; North on U.S. Highway 181 to the Ship Channel. K:1 Lega11 SEIAaREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct1l1 -30 -11 NSA I.KUPS112 -01 -11 Sec. 6.11.Markups, YD -DWB, F1NAL.doc —423— § 6.11 Uptown- Downtown Mixed -Use Special (MUS) Overlay District Page 3 of 7 B. Light Industrial (IL) Zoning Districts located within the Uptown- Downtown Special Mixed -Use Overlay boundaries may be considered for development as a residential -mixed use or tourist mixed use under this Ordinance. if rezoned to a district allowing for less intensive uses (i.e., commericial office, or residential uses). •, ",r46. " Faa= Jews =,t,n . t K Z`Fer e Uptown-Downtown Mixed-Use p e cii ao Overiay District 5oundiaiyt Figure 6•.11.2.A. Uptown- Downtown (MUS) Overlay District Boundary Map. K:1LLegal \SHARED \LEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 v1ARKUPS112 -01 -11 Sec. 6.11.11/lark-ups, YD -DWB, F1NAL,doc —424— § 6.11 Uptown- Downtown Mixed -Use Special (MUS) Overlay District Page 4 of 7 Uptown - Downtown (MUS) Overlay District Boundary UPTOWN - DOWNTOWN SPECIAL MIXED USE (MU5) OVERLAY DISTRICT BOUNDARY Printing Date: Wednesday, November 9, 2411 File: K:1DevelopmentSVCS1SHAREDIGIS ProJects14JeremylUptown - Downtown\ Uptown- DowntownOvedayDistdctBoUridary2 .mxd Prepared By: Jeremym Coordinate System: WAD 1983 StatePlene Texas South FIPS 4205 Feet Operating System: Microsoft WindoWs XP Professional AriMap Build Number: 10.0 02011 City of Corpus Christi, TX K:1Legal\SHP REDILEGAL- DEV.SVCS\E edcral Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112 -01 -11 Sec. 6.11.Markups, YD -DWB, FINAL.doc -425- § 6.11 Uptown - Downtown Mixed -Use Special (MUS) Overlay District Page 5.of7 6.11.3 Uptown - Downtown (MUS) Special Overlay District Standards. Mixed -use development incorporating residential uses and proposed within the Uptown - Downtown MUS Special Overlay District boundaries shall follow the Mixed -Use Overlay District Develo•ment Standards of Section 6.8 with the followin• additional requirements, exceptions, and incentives: A. The establishment of awnings, arcades, porticos, and marquees and streetscape furniture (i.e. • ubiic, not privatel owned furniture Lwithin the Uptown - Downtown MUS Special Overlay District boundary shall be permitted under a Use Privilege Agreement with the City; However, the annual Use Privilege Agreement Fee for awnings, arcades, porticos, and marquees and streetscape furniture provided and located within the boundaries of this District shall be waived. B. Awnings must be constructed in accordance with the standards outlined under Section 6.13.1(D), and in compliance with the standards outlined under the awning definition provided under Section 1.11.3 of the Unified Development Code. C. A Streetscape Zone in accordance with the standards outlined under Section 6.13 shall be provided for all new development of a residential mixed -use or tourist mixed-use development proposed within the Uptown- Downtown MUS Special Overlay District boundaries located on an Arterial or Collector Street. D. Although the new parking area location standards of Section 6.8.17 shall apply for all residential mixed -use development, no additional parking above what is currently present onsite shall be required for residential mixed -Use development proposed within the Uptown - Downtown (MUS) Special Overlay District, provided that any existing available parking onsite is not reduced: E. Where the underlying zoning district requires fewer parking spaces for uses proposed within the mixed -use building, the parking space areas above what is required by the underlying zoning district may be used in the development of the mixed -use building. F. In no case shall the required number of accessible parking spaces constructed in accordance with the-Americans with Disabilities Act construction standards be reduced. O. There shall be no minimum lot area for a residential mixed - use development within the Uptown - Downtown Sjecial I \ Lega1ISHARED1L .EGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKJPS112 -01 -11 Sec. 6.11.Marlcups, YD -DWB, FrNAL.doc -426- § 6.11 Uptown- Downtown Mixed -Use Special (MUS) Overlay District . Page 6 of 7 Mixed Use District boundary, provided that the remaining minimum lot widths, required yard dimensions, and the minimum open space standards of Section 6.8.8 and 6.8.9 of the Mixed Use Overlay District Ordinance are met. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the UDC re re - is a deviation from. the Comprehensive Plan, the Comprehensive Plan e. men • to conform to the UDC, as amended by this ordinance. SECTION 4. That all ordinances or parts of ordinances cofiic with this ordinance are hereby expressly repealed. mlov SECTION 5. If for any reason any section, par,graph1 subdivision, clause, phrase, word or provision of this ordinance `sue e held invalid or unconstitutional by final judgment of a court of omp.entTurisdiction, it may not affect any other section, subtvisi clause, phrase, word or Y � provision of this ordinance, for it is the de lni rote t of this City Council that every section, paragraph, subdivision, cl use, se, word or provision hereof be given full force and effect for its per. os SECTION 6. A violation. of t o Ana e or requirements implemented under this ordinance constitutes a %•ffse�nishable as provided in Section 1.10.1 and /or Article 10 of the Ul? -. SECTION 7. That publi .ton s all be made in the official publication of the City of Corpus.Christi as aquire 6 the City Charter of the City of Corpus Christi. SECTION 8. > h� rdinance shall take effect upon and after publication of this Ordinance. ` 40.5.1 Signatures on next page. IC:\ Legal \SHARED\LEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct\11.30 -11 MAEKUPS112 -01 -1€ Sec. 6.11.Markups, YD -DWB, FINAL.doc —427— § 6.11 Uptown-Downtown Mixed-Use Special (MUS) Overlay District Page 7 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal David Loeb John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second timedan° Pd, • Tv asAd finally on ing'vote: this the day of Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal 20 , by* DavitiAoebN,„, Marez lda artinez ark Scott PASSED AND MAW, yE this the day of , 20_. Arma apa Joe Adame C' oretry Mayor APPROVED as to form only: this the day of , 20_. For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney KALegal \SHAREDIEGAL-DEV.SVCSTederal Grant Ordinances - Sept 2011 now Oct111-30-11 MARICUPS112-01-11 Sec. 6.11.Markups, YD-DWB, FINAL. doc —428— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Ordinance amending the Corpus Christ Unified Development Code by adding a new Section 6.12 entitled, "Target Area Redevelopment Special (TARS) Overlay District ", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan promotes the rehabilitation of deteriorating housing which will promote better quality living environments and enable older neighborhoods to remain viable; WHEREAS, the Corpus Christi Comprehensive Plan promotes infill development of vacant lots to improve economic viability through incentives to attract .private investors; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that although some City business districts have declined due to decentralization or relocation of business, some still have a strong market potential to compete effectively if renovated or rehabilitated; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION I. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.12 entitled "Target Area Redevelopment Special (TARS) Overlay District" to read as follows: ft 6.12 Target Area Redeve9oD ent S eciai Over�ay District 6.12.1 Purpose. The purpose of the standards of this Ordinance is to provide for alternative development options within areas of the city which have been "targeted" for rehabilitation and redevelopment through the K:1 Legal lSHAREDILEGA.L- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct, 11 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District '2 JWB.FINAL.doc § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 2 of 7 adoption of Area Development Plans, Destination Node Plans, and the City's Comprehensive Plan. Designated Target Areas may utilize any of the alternative development concepts offered under Section 6.12.3 below to promote revitalization of economically distressed neighborhoods while providing additional employment opportunities for residents within those neighborhoods, thereby decreasing dependence on the automobile and promoting energy efficiency and natural resource conservation goals. 6.12.2 Target Areas Defined. A. Target Areas, (which may also be referred to as Target Zones or Destination Nodes), are areas defined within the City's Comprehensive Plan, adopted Area Development Plan (ADP), or designated as a planned redevelopment area by the City. The planned area must include specific street or neighborhood boundaries outlined, and intended . as a focal area for rehabilitation or redevelopment. Target Areas chosen for rehabilitation or redevelopment must detail the area boundaries through maps and description in order to be utilized as a Target Area. B. Target Area Boundaries shall be designated through review and appointment by the City Council. The City Council may designate an area as a Target Area, Target Zone, or Destination Node, anywhere within the City limits where redevelopment, infill development, or specific development concepts or techniques are determined to promote such development. C. Areas previously designated as a redevelopment area within the Comprehensive Plan or an Area Development Plan must be re- designated as a Target Area by the City Council, following a review of a specific area, planning of the area through the public charrette or planning committee process, and the development of a conceptual site plan for the area. D. Rehabilitation and redevelopment of a Target Area may, and should, include financial incentives for funding through Neighborhood Block Grants, Tax Increment Financing, Tax Abatement Tax Incentives, or any other Local, State or Funding options available. An applicant interested in taking advantage of the financial incentives within any of the City's established Target Areas should contact the City's Development Services Department for assistance in identifying the Target Areas currently established within the City limits. K:1 Legal \SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTSi11- 30- 11.Sec. 8.12 Target Area Redevelopment Special (TARS) Overlay District.YD- DWB. FI NAL. doc —430— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 3 of .7 6.12.3 Development within a Target Area. A. When any of the following development concepts are applied to a Target Area, Target Zone, or Destination Node, the development incentives and standards listed under each development concept shall be applied to the development or redevelopment area: 1. Mixed -Use Overlay District Development (§ 6.8) 2. Neighborhood Mixed -Use Development (§ 7.11) 3. Adaptive Re-Use Development (§ 7.12) 4. Clustered Development Overlay District (§ 6.7) 5. Traditional Neighborhood Development Overlay District (§ 6.9) 6. Transit - Oriented Development Overlay District (§ 6.10) 7. Cottage Housing District Development (§ 4.7) B. Development or redevelopment under one of the development concepts above must follow the standards of the Ordinance established for each development concept. Where a conflict exists between the standards and incentives of one of the development concepts listed above and an underlying zoning district or other standards of the Unified Development Code, the incentives and standards adopted within a Development Concept Overlay or Special. Overlay District Ordinance shall prevail and be utilized. 6.12.4 Target Area Development Criteria. in order for an area to be approved as a Target Development or Redevelopment Area, the Council must find that the proposed Target Area meets a minimum of 4 of the Goals listed below: A. Goals. Four or more of the following Goals shall be met by the proposed area in order to be considered and designated as a Target Redevelopment Area or a designated Destination Node: 1. The area is considered a blighted area consisting of deteriorated buildings and /or infrastructure. 2. The area consists of public health or safety threats to the physical well -being of area residents and visitors, such as areas with high incidents of personal or property crimes, or fire hazards. K:1LegaRSHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District.YD- DWB.FINAL,doc —431— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 4 of 7 3. The area has been identified as an area with unmet housing needs, with the potential of a net gain in affordable and/or accessible housing units. 4. The area Tacks shopping opportunities and personal services to meet the needs of the residents of the area. 5. The area is considered an environmental health hazard, or brownfield. 6. The area . has the potential to induce private investment in surrounding properties resulting in a significant number of new, quality jobs for lower- income residents of the project area, and improve income /wage levels in the community. 7. The area and future development will maximize the leveraging of redevelopment funds with private debt and equity, and other governmental funds, 8. The area or future development will establish recapture of redevelopment investment through: a. Increase in property values b. Increase sales tax revenue 0. Repayment of redevelopment funds over time 9. The area will have a direct impact on, and increase tourism, especially those projects that will increase off - peak and mid -week visits. 10. The proiect(s) will promote . City Council - adopted community priorities, or enhance a prior City, investment. B. Objectives. Development projects proposed within an established Target Redevelopment Area or Destination Node shall, at a minimum, meet one of the objectives listed below: The proposed development is comprised of a mix of uses in a variety of building sizes and heights, and if a larger project, offer a "village" or "lifestyle center" site and building design. 2. The revitalization plan includes a strong urban design component providing a "sense of place" and ensures that buildings front on the street,,and connect the street to activities inside. Such elements may include, but are K:1 Legal \SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Octl11 -30 -11 FINAL ❑RAFTSi11 -30 -11 .Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District.YD- DWS.FINAL.doc —432— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 5 of 7 not limited to, street - oriented storefronts, outdoor eating and dining areas, and outdoor public amenities, such as artwork, fountains, plazas and seating. (Projects with the greatest mix of uses, i.e., retail /service, residential, lodging, and office space will be given priority). 3. The proposed development is Transit- Oriented Development in design and . concept, and either in proximity to a transit center, or proposes to provide connection between an area and an existing or proposed transit center. 4. The proposed development is a mixed use Traditional Neighborhood design and concept, promoting a pedestrian- oriented development. 5. The redevelopment of the area will include the Adaptive Reuse of structures that will reduce vacancy rates in a commercial, industrial, or residential structure. 6. The development provides a minimum of 10% of the development as affordable and/or accessible housing. 7. The development includes training services and /or T provides additional social services for the community. 8. The development will include sustainable protects that incorporate LEED certified building materials, energy efficient appliances. alternative energy sources, or energy- efficient building techniques to conserve energy within the project boundaries or area. 9. The development proposes stormwater management techniques onsite in accordance with Best Management Practices to offset a minimum of 75% of the post- development stormwater runoff associated with the development of the protect. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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. K:( Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAF i Si11- 30- 11.Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District.YD- DWB.FINAL.doc -433- § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 6 of 7 SECTION 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment-of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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. This Ordinance shall take effect upon and after publication of this Ordinance. K: ILegaRRSHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District.YD- DWB.FINAL.doc —434— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 7 of 7 Signatures found at next page. K:1Legal \SHARED\L EGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS1.11- 30- 11.Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District.YD- DWB.FINAL.doc —435— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 8 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 20, by the following vote: Joe Adame. David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 20_. ATTEST: Armando Chapa City Secretary . Joe Adame -Mayor APPROVED as to form only: this the day of , 20. For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K:l Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.12 Target Area Redevelopment Special (TARS) Overlay District.YD- DWB.FINAL.doc —436— Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.12 entitled, "Target Area, Redevelopment Special (TARS) Overlay District ", relating to the use, regulations, and review standards promoting . infill and redevelopment of designated targeted areas within the City limits; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan promotes the r of deteriorating housing which will promote better quality living envi r°i enable older neighborhoods to remain viable; WHEREAS, the Corpus Christi Comprehensive Plan prom t infix Aeelopment of vacant lots to improve economic viability through ince %y • �,.`ract private investors; abi ation n s and WHEREAS, the Corpus Christi Comprehensiv some City business districts have declined d of business, some still have a strong mar renovated or rehabilitated; WHEREAS, with proper notice to Wednesday, August 3, 2011, durr on Tuesdays, October 11, 201„1,,,,,p City Council, in the Council during which all interestecrsv sizes that although en ` "alization or relocation o compete effectively if d f the lic public hearings were held on tings of the Planning Commission, and mber 13, 2011, during meetings of the City Hall, in the City of Corpus Christi, e allowed to appear and be heard; WHEREAS, the Cityciha' determined that this amendment to the Unified Development Code ' . DC), gild best serve the general welfare of the City and its citizens by }.,• : a.igulatory base for more sustainable communities by ensuring cow i in development; maintaining consistency and character; and ensuri g i.n an orderly and desirable manner that will preserve the public h 4- fety; N•, :;WORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Oil`' 15 CHRISTI: SECT!!( 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.12 title "Target Area Redevelopment Special (TARS) Overlay District" to read as follows: 6.12 Target Area Redevelopment Special Overlay (District. 6.12.1 Purpose. The purpose of the standards of this Ordinance is to provide for alternative development options within areas of the city which have been " targeted" for rehabilitation and redevelo•ment • through the adoption of Area Development Plans, Destination Node § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 2 of 7 Plans, and the City's Comprehensive Plan. Designated Target Areas may utilize any of the alternative development concepts offered under Section 6.12.3 below to promote revitalization of economically distressed neighborhoods while providing additional employment opportunities for residents within those neighborhoods, thereby decreasing dependence on the automobile and promoting energy efficiency and natural resource conservation goals. 6.12.2 Target Areas Defined. A. Target Areas, (which may also be referred to as Target Zones or Destination Nodes), are areas defined within the City's Comprehensive Plan, adopted Area Development Plan (ADP), or designated as a planned redevelopment area by the City. The planned area must include specific street or neighborhood boundaries outlined, and intended as a focal area for rehabilitation or redevelopment. Target Areas chosen for rehabilitation or redevelopment must detail the area boundaries through maps and description in order to be utilized as a Target Area. B. Target Area Boundaries shall be designated and-set-by-the 2E.. Deve ppmeitt-Planc, and through review and appointment by the City Council. The City Council may designate an area as a Target Area, Target Zone, or Destination Node, anywhere within the City limits where redevelopment, infill development, or specific development concepts or techniques are determined to promote such development. Areas previously designated as a redevelopment area within. the Comprehensive Plan or an. Area Development Pan mus °:.e,re ,! .- a:ed a Tare a b the Cis C u: c`E fol!lowin a review of a s. a ific area •.tannin f the area h l c ::arse : or Iran in committee process. and the development of a conceptual site plan for the area. Rehabilitation and r _ edeyelopmentof a Target Area ma y, and should, include financial incentives for funding_ through Neighborhood Block Grants, Tax Increment Financing, Tax Abatement. Tax Incentives, or any other Local, State or Funding options available. An applicant interested in •taking advantage of the financial incentives within any of the City's established Target Areas should contact the City's Development Services Department K: 1Lega1 1SHARED\LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 PMIARKU'PS112- 01- 11.Sec. 6.12, MarlcUp, YD -DWB, FINAL. doc -438- § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 3 of 7 for assistance in identifying the Target Areas currently established within the City limits. 6.12.3 Development within a Target Area. A. When any of the following development concepts are applied to a Target Area, Target Zone, or Destination Node, the development incentives and standards listed under each development concept shall be applied to the development or redevelopment area: Vraepir 1. Mixed -Use Overlay District Development (4 '6. 2. Neighborhood Mixed -Use Developme t7)1) ",:q 3. Adaptive Re -Use Development (§ 7J2 4. Clustered Development Overlay E is ict � .7 5. Traditional Neighborhood Develo i a Overlay District (§ 6.9) 6. Transit- Oriented Development Overlay District ( §6.10) 7. Cottage Housing Districpevop ent 14 4.7) N / B. Development or Ave • rn = ht under one of the development conce s abov- 'must follow the standards of the Ordinance estabiike d for each development concept. Where a c.ifl3 exists between the standards and incentives of eke of he development concepts listed above and an = de.yi'oning district or other standards of the Unifieel De lopinent Code, the incentives and standards adop `- a '.. tiva Development Concept Overlay or Special ve ,y Dis ict Ordinance shall prevail and be utilized. 6.12.4 Ta -`� e. ;. >a- eveiopment Criteria. in order for an area to be d as a Target Development or Redevelopment Area, the Co ust find that the •ro • osed Tar • et Area meets a minimum Hof 4 t e Goals listed below: Goals. Four or more of the following Goals shall be met by the proposed area in order to be considered and designated as a Target Redevelopment Area or a designated Destination Node: 1. The area is considered a blighted area consisting of deteriorated buildings and/or infrastructure. 2. The area consists of public health or safety threats to the physical well -being of area residents and visitors, such as areas with high incidents of personal or property crimes, or fire hazards. Y: 1Lega l\SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARICUPS112 -01 -I 1.Sec. 6.12, Markup, YD -DWB, FINAL.doc —439— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 4 of 7 1 The area has been identified as an area with unmet housing needs, with the potential of a . net pain in affordable and/or accessible housing units. 4. The area lacks shopping opportunities and personal services to meet the needs of the residents of the area. 5. The area is considered an environmental health hazard, or brownfield. 6. The area has the potential to induce private fnvestment in surrounding properties ies resulting ink giant number of new, quality jobs for lower-intorne\resielfints of the project area, and improve incfrri IyT qe i veIs in the community. N . 7. The area and future develo .r i i . ' ax maze the leveraging of redevelopment f rids with private debt and equity, and other goverete r,ta1:'funds. 8. The area or it will establish recapture of redevelopmerwe rre through: a. Increase in ` pe t . y values b. Incr,egrksaleMx revenue - c. meat of redevelopment funds over time 9. TIN.. wi have a direct impact on, and increase ura m%sf ecialIy those projects that will increase off - c timid -week visits. T proiect(s) will promote City Council-adopted dommunity priorities. or •enhance a ��� z prior City investment. • 1 Objectives. Development _projects_ _proposed within an established Target Redevelopment Area or Destination y Node shall, at a minimum, meet one of the objectives listed below: 1. The proposed development is comprised of a mix of uses in a variety of building sizes and heights, and if a larger project, offers a "village" or "lifestyle center" site and building design. 2. The revitalization plan includes a strong urban design component providing a "sense of place" and ensures that buildin•s front on the street and connect the street include but are to activities inside. Such elements ma' K:1 Lega €1 SHARED ILEGAL- DEV.SVCSIFederal Grant Ordinances Sept 2011 now OctI11 -30 -11 MARKUFSII2 -0I -1 I.Sec. 6.12, Markup, YD -DWB, F1NAL.doc -440- § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 5 of 7 not limited to, street - oriented storefronts; outdoor eating and dining areas, and outdoor public amenities, such as artwork, fountains, plazas and seating. (Projects with the greatest mix of uses, i.e., retail /service, residential, lodging, and office space will be given priority). 3. The proposed development is Transit - Oriented Development in design and concept, and either in proximity to a transit center, or proposes to provide connection between an area and an existing or proposed transit center, 4. The proposed development is a mixed use Traditional Neighborhood design and concept, promoting a pedestrian- oriented development. 5. The Wiest redevelopment_ of the area is an will include the Adaptive Reuse of a structures that will reduce vacancy rates in a commercial, industrial, or residential structure. 6. The protect development provides a minimum of 10% of the development as affordable and/or accessible housing. 7. The training_ services and /or provides additional social services for the community. The protest , veto ment is. a will inclo e sustainable •ro`ects that incor• orates LEED certified building materials, energy efficient appliances, alternative energy sources, • or energy- efficient building techniques • to conserve energy within the project boundaries or area. 9. The Revel® rnerat ro oses sfiormwater management techniques onsite in accordance with Best Management Practices to offset a minimum of 75% of the post - development stormwater - runoff associated with the development of the oroiect. K:IL egg, :1SHARED\LBGAL- DEV.SVCSIFedera1 Grant Ordinances - Sept 2011 now Octlt 1 -30 -11 MARKUPS112- 01- 11.Sce. 6.12, Markup, YD -DWB, FINAL.doc —441— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 6 of 7 SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflic ,with this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, su J, f, , arse, phrase, word or provision of this. ordinance shall b�e • % inIid or unconstitutional by final judgment of a court of competent u did ma y not affect any other section, paragraph, subdivision, claus , word or provision of this ordinance, for it is the definite intent' 141 City Council that every section, paragraph, subdivision, clause, phr -.:-e, w r l or provision hereof be given full force and effect for its purpose. x SECTION 6. A violation of this ordinance, :% ^a '° rents implemented under this ordinance constitutes an offense p fs ab" as provided in Section 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shy of Corpus Christi as required b,4h SECTION 8. This •Ordin Ordinance. ;.i Signatures found at next page. de in the official publication of the City barter of the City of Corpus Christi. e effect upon and after publication of this K:I Legal 1SFiAREDILEGAL- DEV.SVCS\Federa1 Grant Ordinances - Sept 2011 now OctU 1 -30 -11 MARKUFS112- 01 -11. Sec. 6.12, MarkUp, YD -DWB, FINAL.doc —442— § 6.12 Target Area Redevelopment Special (TARS) Overlay District Page 7 of 7 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler . John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second ti e and d finally on this the day of , 20_, by the follow' f.i Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal PASSED AND AP ATTEST: Armarkh City Sgb APPROVED as to form only: this the day of , 20 7. day of Joe Adame Mayor , 20 For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K:1Lega1,SHARED `,LEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oen11 -30 -11 MAAKUPS112- 0I- 11.Sec, 6,12, MarkUp, YD-DWB, FINAL.doc —443— Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.13 entitled, "Streetscape Zone Standards ", relating to the use, regulations and review standards for creation of streetscape zones; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan promotes an active street life atmosphere through the incorporation of unique signage and street furniture in the Central Business District; WHEREAS, the Corpus Christi Comprehensive Plan recognizes the need to rejuvenate streets, by providing sidewalks, lighting, landscaping and street furniture for both safe passage and visual relief; as well as the use of pedestrian amenities such as trash containers, informational signs and crosswalks to encourage maximum use of pathways; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the. City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.13 entitled "Streetscape Zone Standards" to read as follows: 6.13 Streetscape Zone Standards. 6.13.1 Streetscape Zone and Pedestrian Amenities. Where a Streetscape Zone is required for a proposed development, the following standards shall be incorporated into the project design: § 6.13 Streetscape Zone Standards Page 2 of 15 A. Building Setbacks. To encourage pedestrian - friendly streets by bringing buildings close to pedestrian sidewalks and streetscapes, there shall be a 0-foot "build-to" line for development requiring a Streetscape Zone. Structures shall be built to the property line (0 -foot build -to line), except as necessary to allow room for outdoor seating, outdoor dining areas, outdoor sales and displays, landscaping, entryways and similar pedestrian and customer amenities. B. Sidewalks. Sidewalks are required asjart of a Streetscape Zone as follows: 1. A continuous minimum 10 -foot pedestrian walkway shall be provided along all building walls located adiacent to an Arterial or Collector Street. 2. Sidewalks on all lesser classified streets must have a minimum width of 5 feet. 3. Clear Zone. A minimum "Clear Zone" of 5 feet shall be provided for all public sidewalks and shall remain unobstructed for pedestrian use (Fig. 6.13.1.B.3.). Figure 6.13.1.B.3. ROI 'Vehicular Zone Side-w Ik l idth & Build -To Area Varies 4. All sidewalks must be compliant with the Americans with Disabilities Act construction standards. 5. Sidewalks shall keep as rnuch as possible to the natural path o� travel parallel to the improved roadway (but do not need to beper�ectly strati h €y straight), and ideals a €€fin with the crosswalk. K:1 LegalISHAREDILEGALDEV .SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec, 6.13 Streetscape Zone Standards. EM D WB.FINAL.doc —445— § 6.13 Streetscape Zone Standards Page 3 of 15 6. Additional sidewalk widths may be required at snail boxes, street light poles, at drop -off and pick- up points, etc., in order to conform to the requirements of the Americans with Disabilities Act or other public safety requirements. C. Street FurniturelLandscapinq Zone. 1. The Street Furniture /Landscape Zone of the pedestrian walkway includes the width of the back of the curb, and is defined as the area between the roadway curb face and the front edge of the 5 -foot Clear Zone walkway (Fig. 6.13.1.8.3.). 2. The Street Furniture /Landscaping Zone buffers pedestrians from the adjacent roadway and is the appropriate location for street furniture, art, and landscaping. The zone is also the preferred location for street trees, and other elements such as pedestrian lighting, transit shelters, transit signage, benches, litter receptacles, and pedestrian scaled lighting Figs. 6.13.1.C.1.). Figures 6.13.1.0.9. Street Furniture, Planters, and Lighting, K:1 LegalISH .ARED\LEGAL- DEV.SVCSIFederai Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWB.FINAL.doc —446— § 6.13 Streetscape Zone Standards Solar Tree Lam ' s Page 4 of 15 D. Awnings. 1. Where non - residential buildings are located along the first floor of an Arterial or Collector Street, canopies, awnings, marquees, or porticos shall be provided (Figs. 6.13.1.D.1) K:1Lega11SHAREDILEGAL -DEV SVCSIFederal Grant Ordinances - Set 2011 now Oct111.30.11 FINAL DRAFTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWB.FINAL.doc —447— § 6.13 Streetscape Zone Standards Figures 6.13.1.D.1 Page 5of15 K:( Legal \SHAREDILEGAL - DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Octll 1 -30 -1I FINAL DRAFTS II 1- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWB.FINAL.doc —4L48— § 6.13 Streetscape Zone Standards Page 6 of 15 2. Awnings shall require a Use Privilege Agreement with the City and must be compliant with the standards of the definition of an "awning" provided under Section 1.11.3. 3. Awning Dimensions. a. Depth. The awning canopy may not extend any further than within 1 foot measured from the face of the curb. b. Awning supports may not be located within 5 feet measured from the face of the curb. c. Height. The vertical dimension between the underside of a canopy or awning and the sidewalk shall be at least 7 feet and no more than 12 feet 6.13.1.D.3). Figure 6.13.1.0.3 �� °gn6tivtrdfi 1 Ft. Min. Distance From Curb 7 -12 IF . Haight From Sidewalk 4. The total signage on an awning or umbrella shall not exceed 20% of the area of the awning or umbrella. E. Windows. 1. Ground level non - residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used). K:1 Legal \SHAREDILEGAL - DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Octli 1 -30 -11 FINAL DRAFTS111- 30- 11.Sec, 6.13 Streetscape Zone Standards. EM- DWB.FINAL.doc —4 4 g § 6.13 Streetscape Zone Standards Page 7 of 15 2. Display windows located on the front facade of a ground floor non - residential use shall be transparent to the extent that the window allows views into and out of the interior (Fig. 6.13.1.E.2.). Figure 6.13.1.E.2. '11 la t.„ Remit Transparency 1 On facades greater than 100 feet in length, measured horizontally, which face an Arterial or Collector Street, no horizontal wall shall extend for a distance greater than three times its height without a change in elevation of a minimum of 15% of such height. This height change shall continue for a minimum of 20% of the length of either adjacent plane. The adaptive reuse of an existing building shall not be required to adhere to this requirement, and the locations of existing windows shall be permitted to remain. 4. At no time shall any windows within a building located glom_ a required Streetscm_e Zone be boarded up, except for in preparation of a declared weather emergency. • 5. No permanently installed burglar bars shall be visible from any public street. The around floor nonresidential portion of a mixed use building may install fully retractabie metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use b:.�ildin is not open for business, and must not be visible during business hours. (Figs. 6.13.1.E.5.) K: 1Lega lISHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWB.FINAL.doc -450- § 6.13 Streetscape Zone Standards Figures 6.13.1.E.S. Permitted Security Screening. Page 8of15 F. Outdoor Dining Areas. 1. Outdoor dining areas are permitted through a Use Privilege Agreement and fee with the City on public sidewalk areas when adjacent to, and directly abutting a restaurant located in a building, provided that the outdoor dining area may not reduce the public sidewalk width to less than 5 feet or obstruct the required Clear Zone (Fig. 6.13.1.F.1.). Fi �.ure 6.13.1.F.1. 2. The front building line of any commercial use may be extended further within the property line boundary to incorporate an outdoor dining use, provided that the minimum 5 -foot public _sidewalk Clear Zone is maintained. K:1Legal1 SHARED \LEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL RRAPTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWI3.FINAL.doc —4 51— § 6.13 Streetscape Zone Standards Page 9 of 15 3. Tables, chairs, umbrellas, and similar items that are not permanently installed structures shall be stored in the interior of the restaurant or in similar enclosed area so that a minimum Clear Zone of 5 feet is unobstructed when the outdoor dining area is not in use due to inclement weather, or when the restaurant is closed. Displays and Equipment. 1. Outdoor displays, sales, and service (in connection with a vegetable stand, news stand, . a permitted vendor, farmers market, cafe, or restaurant) may take place on an outdoor patio or sidewalk, provided that no display or sales shall be allowed to block the required 5 -foot Clear Zone of the sidewalk. 2. The outdoor displays, sales, and service outlined under (G)(1) above shall require a Use Privilege Agreement with the City. 3. All booths, stalls, carts, outdoor display items or other equipment utilized for outdoor display, sales, or food and beverage service at the close of business each day shall be removed or immobilized and secured so as to prevent it from becoming a public safety hazard, nuisance or security risk. 4. Roof - mounted equipment. Roof - mounted equipment shall be completely screened from public views from the ground elevation. H. Signs. Signs shall be designed for visual communication and orientation to the pedestrians and slow- moving vehicular traffic crossing pedestrian sidewalks as follows: 'l. Hanging or Blade signs are permitted and shall be placed perpendicular to the facade, located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks (Figs. 6.13.1.E-1.1.). 2. Canopy signs are permitted and shall be oriented perpendicular or parallel to the facade, typically located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. K: ILega1 1SHAREDILEGAL- DEV.SVCSWederal Grant Ordinances - Sept 2011 now O0t111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWB.FINAL.doc — 4 5 2 — § 6.13 Streetscape Zone Standards Page 10of15 Fi ores 6.13.1.H.1. Blade Si n Canopy Sign BALGOFn' A6oVG 3. Signs shall protect no more than 4 feet from the building or one -third of the sidewalk width, whichever is less. 4. All signs shall maintain a minimum clearance of 7 feet above sidewalk level to the bottom of the sign. 5. Pole- mounted signs are prohibited within a Streetscape Zone and may only be used for public traffic, safety, transportation, and directional information purposes. 6. Billboards shall not be permitted within, or attached to, any structure located within Streetscape Zone. 7. Sandwich signs are permitted on sidewalks, provided that they are located adjacent to the building and are not located in, or block the sidewalk Clear Zone. 8. With the exception of the sign standards outlined under this section, all signs must meet the criteria and compliance of the standards of Section 7.5 of the City's Unified Development Code. K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances4 Sept 2011 now Oct111 -30 -11 FINAL Dl2AFTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EPA- DWB.FINAL.doc § 6.13 Streetscape Zone Standards Page 11 of 15 Street Tree Planting Requirements. Where existing or planned sidewalks measure at least 10 feet in width, street trees shall be required as part of. a Streetscape Zone along the entire building line fronting an Arterial or Collector Street, except along alleys, as follows: 1. Street trees shall be drought tolerant or semi - tolerant species and planted within the. Street Furniture /Landscaping Zone area, at a maximum of 40 feet on- center and outside of the 5 -foot pedestrian Clear Zone. The dimension of a tree well may be a minimum of a 5- foot radius extending into the walk from the inside edge of the curb, forming a semi- circle or a 5' x 5' square tree well. The tree shall be a minimum size of 15 gallons in preference to boxed specimens which tend to be root bound (Fig. 6.13.112.). Figure 6.13.1.12. Tree Trench and Tree Pit Section. Beaiklingr Fa aide A_u Pervious Pavers or Mulch 5 Ft. PaiUire. Clear Zone Drain Tile Connected To Storm Sewer 3. Sidewalks that do not currently measure 10 feet in width and are planned for less than 10 feet in width (as indicated under the Urban Transportation Plan) shall be provided raised bed planters or isolated planters with drou ht tolerant flowerin lants or evert, at a maximum of 15 feet on- center. Small ornamental trees, low shrubs and perennials are also appropriate planting material for raised planting beds (Fig. 6.13.1.1.3.). K:1 Legal \SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances -4 gept 2011 now Oct111.30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.13 SEreetscape Zone Standards. EM- DWB.FINAL.doc �F § 6.13 Streetscape Zone Standards Figures 6.13.1.1.3. Raised Planting Bed Options. Page 12of15. 4. A street wall /planter may also be used to meet street tree planting . requirements and provide seating opportunities (Fig. 6.13.1.1.4.). Figure 6.13.1.1.4. 5. Street Tree Plantiihiq Location Considerations. a. Planning and design of proposed tree planting sites shall take into consideration the location of overhead and underground utilities and ensure that traffic signals, signs, intersections, and vehicles are highly visible to avoid conflicts with pedestrians. b. Street tree location and placement shall take into consideration adjacent parallel parking spaces and possible damage from car doors. 6. All planting and landscaping materials shall meet the criteria of the City's Landscaping Ordinance for commercial uses. K.:ILegal \SHARED \LEGAL -DEV SVCSWederal Grant Ordinances - Sat 2011 now Oct\11 -30 -11 FINAL DRAFTS I €1- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWB.FINAL.doc —4 5 b —' § 6.13 Streetscape Zone Standards Page 13 of 15 J. Lighting. 1. Ail Streetscape Zones and parking lot areas must be sufficiently lighted in accordance with the Illuminating Engineering Society of North America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces ". 2. Prohibited lighting includes mercury vapor, low pressure sodium, high pressure sodium, searchlights, and flashing or changing light sources. K. Screening and Fencing. 1. Solid fence screening shall be prohibited within a Streetscape Zone. 2. Decorative fence screening is permitted provided that the screening fence provides no less than 50% transparency (Fig. 6.13.1.K.2.). Figure 6.13,1.1(2. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. K:1 Legal \SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Set 2011 now Oot111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM -D WB. FINAL. doc —45 b — § 6.13 Streetscape Zone Standards Page 14 of 15 SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures found at next page. IC:legal\SHARED \LEGAL- DEV.SVCSIFederal Grant Ordinances - 2011 now 00111-30-11 FINALDRAFTS111- 30- 11.Sec. 6.13 Streetscape Zone Standards. EM- DWS.F1NAL.doc "451 —. § 6.13 Streetscape Zone Standards Page 15 of 15 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leaf PASSED AND APPROVED this the day of , ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only: this the day of , 20�. For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K:1 LegalISHAR .ED\LEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 FINAL DRAFTS111- 30- 11.Sec, 6.13 Streetscape Zone Standards. EM -D WB.FINAL.doc — 4 5 8 — Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.13 entitled, " Streetscape Zone Standards ", relating to the use, regulations and review standards for creation of streetscape zones; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan promotes an acne street life atmosphere through the incorporation of unique signage and street furniture in the Central Business District; /4,, WHEREAS, the Corpus Christi Comprehensive Plan reco rejuvenate streets, by providing sidewalks, lighting, land furniture for both safe passage and visual relief; as well as amenities such as trash containers, informational .A encourage maximum use of pathways; WHEREAS, with proper notice to the publi ub'. h arings were held on Wednesday, August 3, 2011, during meeting of Tanning Commission, and on Tuesdays, October 11, 2011 and Decebe , , /11, during meetings of the City Council, in the Council Chambers, a' City ar Inn the City of Corpus Christi, during which all interested persons were a 490,, to appear and be heard; ed to 'd street pedestrian crosswalks to WHEREAS, the City Council h Development Code (UDC), its citizens by providing ensuring compatibility in and ensuring growth public health and sa NOW THEREF OF CORP ned that this amendment to the Unified 0- b erve the general welfare of the City and ory base for more sustainable communities by Ot; maintaining consistency and character; ly and desirable manner that will preserve the ORDAINED BY THE CITY COUNCIL OF THE CITY the Corpus Christi Unified Development Code is amended by evywSection 6.13 entitled "Streetscape Zone Standards" to read as Streetscape Zone Standards. 6.13.1 Streetscape Zone and Pedestrian Amenities. Where a Streetscape Zone is required for a proposed development, the following standards shall be incorporated into the project design: § 6.13 Streetscape Zone Standards Page 2 of 15 A. Building Setbacks. To encourage pedestrian - friendly streets by bringing buildings close to pedestrian sidewalks and streetscapes; there shall be a 0 -foot "build -to" line for development requiring a Streetscape Zone. ' Structures shall be built to the ro ert line 0 -foot build -to line . exce t as necessary to allow room for outdoor seating, outdoor dining areas, outdoor sales and displays, landscaping, entryways, . and similar pedestrian and customer amenities. B. Sidewalks. Sidewalks are required as part of a Streetscape Zone as follows: 1. A continuous minimum 10 -foot pedestrian walkway shall be provided along all building walls located adjacent to an Arterial or Collector Street. 2. Sidewalks on all lesser classified streets must have a minimum width of 5 feet. 3. Clear Zone. A minimum "Clear Zone" of 5 feet shall be provided for all public sidewalks and shall remain unobstructed for pedestrian use (Fig. 6.13.1.B.3). Figure 6.13.1.B.3. Zoeaft Siti�3waa�lk Width & Build To Arena, %ferias 4. All sidewalks must be compliant with the Americans with Disabilities Act construction standards. 5. Sidewalks shall keep as much as 'possible to the natural path ofravei�araliel to tl�e improved roadway fbut do not need to be erfectl strai ht and ideal) - all n with the crosswalk. K: \Legal\SHARED1LEGAL-DEV.SVCSTederal Grant Ordinances - Sept 2011 now Oct111 -30-11 MARKUPS112- D1- t1.Sec, 6.13, MARKUPS, EM -DWS, FINAL.doc —460— § 6.13 Streetscape Zone Standards Page 3 of 15 6. Additional sidewalk widths may be required at mail boxes, street light poles, at drop -off and pick- up points, etc., in order to conform to the requirements of the Americans with Disabilities Act or other public safety requirements. C. Street Furniture/Landscaping Zone. The Street 1. The Street Furniture /Landscape Zone of the pedestrian walkway includes the width. of the back of the curb, and is defined as the area between the roadway curb face and the front edge of the 5 -foot Clear Zone walkway (Fig:. 6.13.1.B.3.). 4-2. The Street Furniture /Landscaping Zone buffers pedestrians from the .adiacent roadway and is the appropriate location for street furniture, art, and landscaping. The zone is also the preferred location for street trees, and other elements such as pedestrian lighting, transit shelters, transit signage, benches, litter receptacles, and pedestrian scaled lighting (Figs. 6.13.1.C.1). Figures 6.13.1.C.1. Street Furniture, Planters, and Lighting. K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 30 =11 MARKUPS112- 01- 11,Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —461— § 6.13 Streetscape Zone Standards Seim-Tree-Lamps Page 4 of 15 and intermediate capacity transit station. D. Awnings.. 1. Where non - residential buildings are located along the first floor of an Arterial or Collector Street, canopies, awnings, marquees, or porticos shall be provided (Figs. 6,13.1,D.1) K:\ Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FLNAL.doc —462— § 6.13 Streetscape Zone Standards F6 ures 6.13.1.D.1 Page 5 of 15 K:I Legal \SHAREDILEGAL - DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPSI12- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc - -463-- § 6.13 Streetscape Zone Standards Page 6 of 15 2. Awnings shall require a Use Privilege Agreement with the City and must be compliant with the standards of the definition of an "awning" Provided under Section 1.11.3. 3. Awning Dimensions. a. Depth. The awning canopy may not extend any further than within 1 foot measured from the face of the curb. b. Awning supports may not be located within 5 feet measured from the face of the curb. c. Height. The vertical dimension between the underside of a canopy or awning and the sidewalk shall be at least 7 feet and no more than 12 feet (Fig. 6.13.1.D.3). Figure 6.13.1.D.3 Depth 1 Ft. Min. Distance From Lurk 7.12 Ffry Height From Sidewalk 4. The total signage on an awning or umbrella shall not exceed 20% of the area of the awning or umbrella. E. Windows. 1. Ground level non - residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used). that are desinn d to meet nans truc-- requ �reS i tents. K:1LegalISHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —464— § 6.13 Streetscape Zone Standards Page 7 of 15 2. Display windows located on the front facade of a ground floor non - residential use shall be transparent to the extent that the window allows views into and out of the interior (Fig. 6.13.1.E.2,). Figure 6.13.1.E.2. Retail Tr p.arclik 'y On facades greater than 100 feet in length, measured horizontally, which face an Arterial or Collector Street, no horizontal wall shall extend for a distance greater than three times its height without a change in elevation of a minimum of 15% of such height. This height change shall continue for a minimum of 20% of the length of -. either adjacent plane. The adaptive reuse of an existing building shall not be required to adhere to this requirement, and the locations of existing windows shall be permitted to remain. 4. At no time shall any windows within a building located along a re uA fired Streetsc pe Zone be boarded up, except for in preparation of a declared weather emergency. 6. No permanently installed burglar bars shall be visible from any public street. The ground floor . nonresidential portion of a mixed use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use buil�+�nq_is not open for business, and must not be visible during business hours. (Figs. 6.13.1.E.5_) K:1Legal \SHAREDILEGAL- DEV.SVDS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —465— § 6.13 Streetscape Zone Standards Figures 6.13.1.E.5. Permitted Security Screening. Page 8of15 F. Outdoor, Dining Areas. 1. Outdoor dining areas are permitted through a Use Privilege Agreement and fee with the City on public sidewalk areas when adjacent to, and directly abutting a restaurant located in a building, .provided that the outdoor dining area may not reduce the public sidewalk width to Mess than 5 feet or obstruct the required Clear Zone (Fig. 6.13.1.F.1.). Fi ure 6.13.1.F.1. 2. The front building line of any commercial use may be extended further within the property line boundary to incorporate an outdoor dining use, provided that the minimum 5-foot public sidewalk Clear Zone is maintained. C:t LeganS HAREDILEGAL- DEV.SVGSIFederal Grant.Ordinences - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.See. 6.13, MARKUPS, EM -DWB, FINAL.doc —466— § 6.13 Streetscape Zone Standards Page 9 of 15 3. Tables, chairs, umbrellas, and similar items that are not Permanently installed structures shall be stored in the interior of the restaurant or in similar enclosed area so that a minimum Clear Zone of 5 feet is unobstructed when the outdoor dining area is not in use due to inclement weather, or when the restaurant is closed. G. Displays and Equipment. 1. Outdoor displays, sales, and service (in connection with a vegetable stand, news stand, a permitted vendor, farmers market, cafe, or restaurant) may,-take place on an outdoor patio or sidewalk, provided that 'no disblay or sales shall be allowed to block the required 5 -foot Clear Zone of the sidewalk. 2. The outdoor displays, sales, artd:::service outlined under fG)(1) above shall require:..a Lite . Privilege Agreement with the City. 3. All booths, stalls, odds, _outdoor display items or other equipment utilized' for zwutr por display, sales, or food and beverage service at "fe close of business each day shall be removed:or immobilized and secured so as to prevent l from becomini a public safety hazard, nuisance 'or. security risk. 4. Roof- r.ourrted equipment. Roof - mounted equipment shat <be v. ,completely screened from public views from .the ground elevation.. H. ,Signs, Signs shall be designed for visual communication and " 'Orientation to the pedestrians and slow- moving vehicular traffic crossing pedestrian sidewalks as follows: 1. Hanginig or Blade signs are permitted and shall be placed perpendicular to the facade, located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks (Figs. 6.13.1.11.1.). 2. Canopy signs are permitted and shall be oriented perpendicular or parallel to the facade, typically located above or adjacent to the entrance and visible to pedestrian circulation on adjacent sidewalks. K:\LegaI1SHARED \LEGAL- DEV.SVCS\Federal Grant ordinances - Sept 2011 now Cct111 -30 -11 MARKUPS\12- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —467— § 6.13 Streetscape Zone Standards Fi . ems 6.'i3.1.H.1. B ade Si . n Page l0 of 15 Canopy Sinn BAL.CONV ABOVE 3. Signs shall project no more than 4 feet from the building or one - third of the sidewalk width, whichever is less. 4. All signs shall maintain a minimum clearance of 7 feet above sidewalk level to the bottom of the sign. 5. Pole- mounted signs are prohibited within a Streetscape Zone and may only be used for public traffic, safetv, transportation, and directional information purposes. S. Billboards shall not be- permitted within, or attached to any structure located within Streetscape Zone. 7. Sandwich signs are permitted on sidewalks, provided that they are located adjacent #o the building and are not located in, or block the sidewalk Clear Zone. 8. With the exception of the sign standards outlined under this section, all signs must meet the criteria .and compliance of the .standards of.Section 7.5 of the City's Unified Development Code. K:1Legal1SHARED \LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 new Oci111 -30 -11 MARKUPS112- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —468— § 6.13 Streetscape Zone Standards Page 11 of 15 1. Street Tree Planting Requirements. Where existing or planned sidewalks measure at Least 10 feet in width, street trees shall be required as part of a Streetscape Zone along the entire building line fronting an Arterial or Collector Street, except along alleys, as follows: 1. Street trees shall be drought tolerant or semi - tolerant species and planted within the Street Furniture /Landscaping Zone area, at a maximum of 40 feet on- center and outside of the 5 -foot pedestrian Clear Zone. 2. The dimension of a tree well may be a minimum of a 5- foot radius extending into the walk from the' inside edge of the curb, forming a semi - circle or 6.5' x"5,,.square tree um well The tree shall be a minim,si e.: >of...:1'5 gallons in preference to boxed specimens` °wh:ich tend to be root bound (Fig. 6.13.1.1.2.). Figure 6.13.1.1.2. Tree Trench and Tree Pit Section. Pervious Pavers or Badch - 5 Ft. Min. 1 Clear Zone Drain Tile Connected To Storm Sewer 3. Sidewalks that do not currently measure 10 feet in width and are planned for less than 10 feet in width (as indicated under the Urban Transportation Plan) shall be provided raised bed planters or isolated planters with drought tolerant flowering plants or evergreens at a maximum of 15 feet on- center. Small ornamental trees, low shrubs and perennials are also appropriate planting . material for raised planting beds (Fig. 6.13.1.1.3.). K,1 Legal \SHARED\LEGAL- DEV.SVCS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.5ec. 6.13, MARKUPS, EM- D1ldB, FINAL.doc -469- § 6.13 Streetscape Zone Standards Figures 6.13.1.1.3. Raised Planting Bed Options. Page 12of15 4. A street wall /planter may also be used to meet street tree planting requirements and provide seating opportunities (Fig. 6.13.1.1.4.), Figure 6.13.1.1.4. 5. Street Tree Planting Location Considerations. a. Pianni g and design of Qroposed tree planting sites shall take into consideration the location of overhead and underground utilities and ensure that traffic signals, signs intersections, and - vehicles are highly visible to avoid conflicts with pedestrians. b. Street tree location and placement shall take into consideration adjacent parallel parking spaces and possible damage from car doors, 6. All planting and landscaping materials shall meet the criteria of the City's Landscaping Ordinance for commercial uses. K:1LegalISHAREDIL €GAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS;12- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —470— § 6.13 Streetscape Zone Standards Page 13 of 15 J. Lighting. 1. All Streetscape Zones and parking lot areas must be sufficiently lighted in accordance with the Illuminating Engineering Society of. North .America's (IESNA) "Guideline for Security Lighting for People, Property, and Public Spaces ". 2. Prohibited lighting includes mercury vapor, low pressure sodium, high pressure sodium, searchlights, and flashing or changing Tight sources. K. Screening and Fencing. 1. Solid fence screening shall be prohibited within a Streetscape Zone. 2. Decorative fence screening is permitted provided that the screening fence provides no less than 50% transparency (Fig. 6.13.1.K.2.). Figure 6.13.1.K.2. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That . all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. K;1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now ()cal 1-30-11 MARKUPS112- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —471— § 6.13 Streetscape Zone Standards Page 14 of 15 SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Sec ' 1.10.1 and/or Article 10 of the UDC. SECTION 7. That publication shalt be made in the official publica�nf be/City %y of Corpus Christi as required by the City Charter of the City of orp s .3. sti. SECTION 8. This Ordinance shall take effect upon and a terwation of this Ordinance. Signatures found at next page. K:1 Legal ;SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc —472— § 6.13 Streetscape Zone Standards Page 15of15 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second ti ear Ased finally on this the day of , 20_, byte . y „.,g vote: Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal E; llarez a Martinez ark Scott PASSED AND APP F 0 tt i the day of , 20 ^. ATTEST: Arman City, Se' Joe Adame Mayor v� APPRciVED as to form only: this the day of , 20 For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K ;\Legal \S,HARED1LEGAL..DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Cct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.13, MARKUPS, EM -DWB, FINAL.doc -473- Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6.14 entitled, "Alternative Housing Options ", relating to the use, regulations and review standards for alternative housing options; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, The City's Comprehensive Plan supports the growth management goal of more efficient use of urban residential land through flexibility in density and lot standards and providing development standards to ensure compatibility with surrounding land uses; WHEREAS, the Corpus Christi Comprehensive Plan supports a range of densities to improve the affordability of housing, increase the cost effectiveness of services, and offer citizens the quality of life desired; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 6.14 entitled "Alternative Housing Options" to read as follows: 6=14 Alternative Housing Options. 6.14.1 Purpose. The City's Comprehensive Plan supports development that makes efficient use of land and public services, and accommodates a range of housing needs while providing for compact and compatible building and site design at an appropriate neighborhood scale which reflects the neighborhood character. The purpose of this section is to provide additional compact and affordable housing options that may not ordinarily be permitted within some of the § 6.14 Alternative Housing Options Page 2 of 21 City's Zoning Districts through the use of Development Concept Overlays and Special Overlay Districts. 6.14.2 Residential Use Allowances. A. The development of the optional housing types listed under Section (B) below shall be a permitted use within the following development concepts, when developed and constructed in accordance with the standards outlined under this section and the standards listed under the ordinance for each Development Concept Overlay or Special Overlay listed: L Mixed Use (MU) Overlay District. 2. Uptown - Downtown Mixed Use (MUS) Special Overlay District. 3, Target Area Redevelopment (TARS) Special Overlay District. 4. Adaptive Reuse Development Project located within the Uptown- Downtown Mixed Use. Special Overlay 5. Adaptive Reuse Development Project located within a Target Area Redevelopment Special Overlay District. 6. Clustered Development Overlay District. 7. Traditional Neighborhood Development (TND) Overlay District 8. Transportation- Oriented Development (TOD) Overlay District. B. The following residential housi i Types shall be a permitted use when developed as part of one of the development concepts listed under (A) above, and within the districts listed under Tabies 6.14.3.1 through 6.14.3.5 below: 1. Single- family attached or detached Brownstone units. K:1 Legal \SHAREDILEGAL- DE'V.SVCSWedcral Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.See. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc -475- § 6.14 Alternative Housing Options 2. Single - family attached or detached Townhomes. Page 3 of 21 3. Single- family Rowhomes. 4. Two- family vertical Duplexes. 5. Two - family horizontal Duplexes. K:I LegallS }IARED1LEGAL- DEV.SVCSIFederal Grant 0rdiaances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec, 6.14 Alternative I- rousing Option Standards.EM- DWN.FINAL.doo —476— § 6.14 Alternative Housing Options Page 4 of 21 6. Single - family attached or detached Live -Work dwelling units. Multiple- family Lofts/Mezzanine Units. K:1 Legall3HAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Octal-30-11 FINAL DRAFTS111- 30- 11.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc —477— § 6.14 Alternative Housing Options Page 5 of 21 6.14.3. Alternative Housing Permitted Districts. The residential housing types listed above shall be a permitted use in the Zoning Districts listed in Tables 6.14.3.1 through 6.14.3.5 below for each Development Concept or Special Overlay listed above, when developed in accordance with the standards listed under this Section (other: Table 6.14.3.1 USE DEVELOPMENT Hat, lilt :` Conventional Single - Family Detached LivelliVork Unit RS-6 Multiple One- Family Rowhouses 1 or multiple Horizontal Duplex (same or separate I1 °ft) 11 or multiple !Vertical Duplex :(swine lot, 1 duplex per lot) 1 or multiple LiveiUlfork Units rt or multiple Loft �1lnits RM-AT x X X X X X X x ON X X X X X X X X CN -1 X X X X X X X X CN-2 X X X X X X X X CR -1 X X X X X X X X CR -2 X X X X X X X X CR-3 X X X X` X X X X CG -1 X X X X X X X X CG -2 X X X X X X X CI X X X X X X C.B.D X X X X X X 6.14.3.3 Uptown - Downtown MU Special District Hat, lilt :` r7, -4NI is '- LivelliVork Unit RS-6 CR -1 CI CBD 1 or Multiple One - Family Brownstone Units X X X 1 or Multiple One- Family Towithome Units X X X liitiltiple One- Family Rowboine Units X X X 1 or Multiple Vertical Duplex Units (same Iot,1 duplex per lot) X X X 1 or Multiple Live -Work Units X X X Multiple Apartments or Loft Units X X X Courtyard Homes X CR-3 X Table 6.14.3.4 6.14.3.2 _ .. 'E Et r ..us 1 Vertical Duplex (same lot, 1 duplex per lot) LivelliVork Unit RS-6 X X RS-4.6 . X X RS-TF X X RM -1 X X RM -2 . X X RNI-3 X ON X X CN -1 X X CN-2 X X GR2 X X CR-3 X X K:1Legai \SH AREDILEGAL- DEV.SVCS\Federai Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11,Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc —478— UNIT TYPE House Lot, Villa, Estate T2 X T3 T4 T5 Zero Lot -Line X X X Cottages, Bungalows X X Brownstone (attached) X X Brownstone (detached) X X Rowhoine, Townhome (attached) X X Townhome (detached) X — Live-Work (attached) X X X Live Work (detached) X X X Horizontal Duplex X Vertical Duplex X X Apartment House X Apartment, Loft, Condo Building X X Courtyard Building X X T -Court Homes X Accessory DU X X K:1Legai \SH AREDILEGAL- DEV.SVCS\Federai Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11,Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc —478— § 6.14 Alternative Housing Options Page 6 of 21 Table 6.14.3.5 MairintStrairiliftirMEMISIMME x d a0 ! F. ..51., = r ash-4 ii o M TYPE lo 4 4 M fa. 4 d kC t O m '4 . m1-- ='.o— >=a- -� H a xar 41 RS-6 RS -4.a x RS-TF x RAM x RM-2 x RM-3 x RM-AT x ON CN -1 X CR-2 x CR-3 CG -2 x x x x x x X x x x x x X x x X X x X x x X x x •i x x x x x x I X x x x 1 X Must be able to show that tl►e location of the proposed units provide a logical density transition between a Single. Family or lesser density development, and a higher density development or district (suds as commercial or multiple - fa►nily. development), 6.14.4 Minimum Development Standards for Residential Uses. A. Dwellini Unit (DU) Floor Area, Lot Size, and Density Re uirements. Alternative housin uses are limited to the minimum and maximum floor, lot, or site coverage per dwelling unit established under Table 6.14.4.A. below, unless a Tess restrictive standard is provided for under a Development Concept or Special Overlay District. S. Floor area calculations shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. Table 6.14.4.A. Residentia. Use Standards. Dwelling Unit (DUI) • Floor Area (Heated) Minimum Lot Dimensions Density Permitted °wet ling Units Min. (Sq. Ft) Max. (Sq. Ft.) Lot Size (Sq. Ft.) Width (Ft) Density per Acre Attached and Detached Single- family and Tiro- Family Dwellings (Townhouses, Brownstones, Rowhouses, )Vertical anal Horizontal Duplex Dwelling Units) 500 per unit As Per the zoning District or overlay District Standards None 50' Except on Non- Conform- ing Lot 12 -18 DUs Live-Work Units (esidential Portion of Unit) 500 per unit 800 None 25' per unit 20 -30 DUs Loft Units 500 per unit No Limit None 25' per unit 30 -40 DUs Multiple - Family' Units 500 per unit No Limit 6,000 50' per building 30 -40 DUs K:\ Legal \S1{AREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec, 6.14 Alternative Housing Option Standards.EM- DWN.FINA.L.dac —479— § 6.14 Alternative Housing Options Page 7 of 21 6.14.5 Duplex Dwelling Unit Requirements. Single - family attached and two - family duplex dwelling units may be permitted in a residential zoning district that does not otherwise allow two- family attached dwelling units, under a Development Concept Overlay or Special Overlay, and developed according to the standards of this Article: A. Where vertical or horizontal duplex units (Figs. 6.14,5.A) are proposed on the same lot, the lot and both units within the duplex must be owned by the same owner, and the owner must reside within one of the two units within a duplex unit. Figures 6.14.5.A. Vertical Duplex Units. B. Duplex dwelling units located on separate Tots may be owned separately. C. A maximum density of one vertical or horizontal duplex dwelling unit per lot is permitted. D. The conversion of an existing home to a horizontal duplex is prohibited, unless it is part of a Neighborhood rMixed Use /Live -Work unit project located and developed in accordance with the Nei • hborhood Mixed Use standards of Article 7.11. B. Duplex and Live -Work units are only permitted in the RS -6 and RS -4.5 districts under one or more of the following conditions: 1. The development of a duplex unit is an infill project on a nonconforming lot. 2. It can be demonstrated that the proposed location of a duplex unit(s) will provide a "transitional density buffer" between a higher density use and a single - family home use. K: ILegai\ SI -IAREDILEGAL.- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Q411 -30 -11 FINAL DRAFTS111- 30 -11, ;ec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc -480- § 6.14 Alternative Housing Options Page 8 of 21 3. The duplex or Live -Work unit is part of a larger development concept listed under Section 6.14.2.A above. F. Duplex Design Standards. All two - family attached duplex dwelling units should be constructed to have an outside appearance similar to a single- family home, and must be constructed as follows: - 1. The heights of proposed vertical duplex dwelling units located within a. flood zone may be increased, to measure no more than 28 feet at the ridge (two stories), as measured from the point designated as 1 foot above the Base Flood Elevation (BFE). 2. The height of the two units within a horizontal duplex unit must measure within 4 feet of each other. 3, The predominant roof pitch of each unit of the duplex unit must be the same, and roof eaves must project the same distance from the building wall. 4. The exterior finish material of each dwelling unit within the duplex must be the same, or visually match in type, size and placement, and trim must be the same in type, size, and location for each unit. 5. Windows for each duplex dwelling unit must match in proportion and orientation. . 6. Required Porches. For horizontal and vertically- constructed duplexes, at least one covered front porch must be provided along the front facade of a unit to equal a minimum of 50% of the length of the front facade. a. Horizontal duplex units may provide a shared front porch. b. Horizontal duplex units located on a corner must provide a covered front porch for both unit entrances when fronting different streets. G. Duplex Corner Lot Design. On corner Tots, each unit of.a horizontal duplex must have its address, and front door oriented to a separate street frontage, and side yard facades of duplexes shall maintain the architectural design consistent with the front facade (Fig. 6.14.5.0), K:1Lega11SHAREDILEGAL -DE .SVCSIFedcral Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.14 Alternative Housing Option Standards .EM- DWN.F1NAL.doc4 81 — § 6.14 Alternative Housing Options Page 9 of 21 Figure 6.'141.5,G • H. Duplex. Second -Story Access. 1. Exterior stairs that provide access to an upper level duplex dwelling unit are not permitted on the front facade of the building, but can be provided through a- side or rear staircase entrance, provided that the side staircase is located a minimum of 10 feet rearward of the front facade wall of the dwelling structure. 2. Fire escapes or any additional accesses to a second floor unit must be constructed behind the dwelling unit. 6.14.6 Brownstone, Townhome, and Rowhome Requirements. A. Multiple (more than one unit) Brownstones, Townhomes, and Rowhomesproposed as a mixed use project in the Downtown and Uptown Special Mixed Use Overlay District areas (located within the boundary map of Figure 1 under Section 6.11.2) must be developed in accordance with the standards of this Ordinance. B. Brownstone dwelling units may_ be attached or unattached units. D. Attached Brownstones, Townhomes, and Rowhouses, must be constructed so that each unit within the attached units is placed on its own plaited lot, and there shall be no minimum to the number of dwelling unitsreguired_for development. D. Townhomes and .Rowhomes shall not exceed two stories in height, Brownstone units may not exceed three stories in height. I \ Lega 11SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 1I.Sec. 6.14 Alternative [-lousing Option Standards- EM- DWN.FINAL.doc4 82_ § 6.14 Alternative Housing Options Page 10 of 21 6.14.7 Live -Work Unit Requirements. A Live -Work unit combines in one space, a work space and residential living quarters. Kitchen facilities, a bathroom, and a sleeping area must be provided. The following standards shall apply to the development of all Live -Work units within a development: A. Multiple Live -Work units are ideally situated around a central courtyard/green space to provide recreational amenities for the residents inhabiting the units. Not more than 5 Live- Work units may be planned within the same City block without providing open space behind the units (either individually platted yards or a common courtyard) consisting of a minimum of 20% of each lot. B. The Commercial, Professional Office, Institutional, or Civic uses within the Live -Work units may not be divided from the residential area of the unit through sale, rent, or leasing. The Live -Work unit shall be considered one unit. C. Each Live -Work unit shall contain at least one tenant that resides onsite and operates a business within that unit. D. No more than two additional employees (other than the onsite residents) residing outside the Live -Work unit may be employed on the premises per shift for the nonresidential use of the building. E. The residential portion of a Live -Work unit may not exceed 60% of the unit's total floor area, and the nonresidential portion of a Live -Work unit must not comprise more than 50% of the total square footage of the unit. F. The minimum size for each residential space in a Live- Work unit is 500 square feet. The residential space within a single. Live -Work may not exceed 800 square feet. The floor area of both the living space and the work space shall be combined to determine the size of 'oint livin+ and work quarters, and may not exceed 1 ,600. sure fleet. Residential areas within a Live -Work unit must be constructed above the non - residential use, unless the entire unit is constructed as an accessible unit, in which case the . residential area of the unit ma be constructed behind and attached to, the non - residential use area with adequate accessible access and parking provided behind the unit. K:1 Lega lISHAREDILEGAL- DEV.SVCS\Federai Grant Ordinances - Sept 2011 now Oct\11-30-11 FINAL DRAFTS I11- 30- 11.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc 83_ § 6.14 Alternative Housing Options Page 11 of 21 It The nonresidential portion of the mixed use building may not be used purely for storage. Storage of supplies may not occupy more than 10% of the non - residential space in the mixed use building. The ground floor entrance must be clearly designated as a business entrance, and a visitor traveling through the business entrance shall not be required to pass through any residential floor area in order to enter into the nonresidential area of the unit. J. The Live -Work unit setbacks shall be the same setback standards outlined under Section 6.8.9. K. One parking space per unit plus one additional unassigned visitor or employee parking space shall be provided for every Live -Work unit. L. Applications and building permit plans for the construction or establishment of Live -Work unit(s) shall clearly state that the proposal includes Live -Work units and labeled as such. M. Non - Residential Live -Work Unit Allowances. Live -Work units are primarily developed as an alternative housing option for Commercial and Professional Office uses that do not generate high degrees of foot or auto traffic, and are located within an area served by mass transit, decreasing the need for additional parking. For this reason, the non - residential portion of a Live -Work unit is limited to the following uses: 14.7.M Permitted Live -Work Non- Residential Uses. Accountant Office /small firm Antique Furniture Sales Architect Office / small firm Art Studios, Artists and Artisans and Associated Retail Sales (excluding tattoo parlors) . Attorney Office / small firm Bakeries (when the primary use is Retail Sales and Services) Beautician or Barber Shop (excluding nail care) Computer Software and Multimedia Professionals Consultant Office °/ small firm Drycleaners (drop -off, pick -up only, excluding drive -thru) Engineering Office Fashion, Graphic, interior, and other Designer Shop K :1Lega11SI-IAREDIiEGAL- DEV,SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS I11- 30- 11.Sec. 6.14 Alternative Housing Option Standards.Elvl- DWN.FINAL.doc4 84_ § 6.14 Alternative Housing Options Page 12 of 21 Florist Shoff Greeting Card Sales Insurance Agent Office / small firm Internet Cafe (minimal snack and beverage sales) Jewelry Repair & Sales Mailing & Packaging Center Military Recruiting Office Nutritional Sales Optical Lens and Frames Sales (no physiclan onsite) Real Estate Agent Office / small firm School Tutoring Service (2 or fewer students at a time) Shoe Repair Tailor /Seamstress/Dress Maker Title Agent Office / small firm Travel Agent Office : s mall agency 6.14.8 Residential Access, Garages, and Driveway Standards. A. Driveway Requirements. 1. The maximum driveway width on an individual lot with frontage access is 10 feet,. or 12 feet if the driveway is shared with a neighboring dwelling unit (Figs. 6.14.8.A.1). Figures 6.14.8.A.1. Shared Drives 2. Impervious driveways must be included within the 70% maximum allowable impervious coverage requirement of the site (80% on non - conforming iots). K:1 Legal \SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111.30 -11 FINAL DRANTS111 -30 -I 1.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc-485- § 6.14 Alternative Housing Options Page 13 of 21 3. Driveways constructed on properties utilizing access from the front of the lot must be a minimum of 20 feet in length as measured from the front property line, except where a Parking Court is implemented, in which case the standards of Section 6.14.9.E shall apply. 4. Driveway apron widths may be increased up to 22 feet in width within 10 feet of the garage door. B. Private Garages. Private single and two -car garages are permitted on individually platted Tots, provided that no more than two single car garages or one two -car garage is provided per each dwelling unit on a lot, and provided that: 1. Garages may not exceed 49% of the dwelling unit square footage on an individual lot. 2. The garage footprint must be included within the 70% maximum allowable impervious coverage requirement of the site when an impervious coverage percentage is not provided under a Development Concept Overlay or Special Overlay ordinance. 3. Garages may not be converted to dwelling units. 4. Detached garages must always be located behind the rear facade of the principal building. 5. Garages may not be located in a street corner yard (Le. between a public street and the dwelling unit). 6. Garages may not be located within the required side yard . setback, and a minimum of three feet from any common alley where provided, 7. Two -car garages must be located behind the rear facade of the dwelling unit, or recessed within the dwelling unit (Fig. 6.14.8.B.7). K:1 Lega11S1 -1AREDI1.EGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Octl11 -30 -11 F1NAL DRAFTS 11l- 30- 11.Sec. 6.14 Alternative Housing Option Standards :Elul- DWN.FTNAL.doc4 06 6 — § 6.14 Alternative Housing Options Page 14 of 21 Figure 6.14.8.B.7. Recessed Parking • wrtrormrt 8. Single car garages may be located behind, adjacent to, or recessed within a dwelling unit, provided that the garage does not extend forward of the front facade of the dwelling unit (Figs. 6.14.8.B.8). Figures 6,14.8.B.8. Recessed Garages. C. Common Garages. 1. Shared common garages, parking areas, and driveways are permitted in all new developments of attached and detached single - family and two - family dwelling units. 2. Common garage structures are prohibited within 20 feet of a public street. K: II. egal \SHARED\LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Octll 1 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.14 Alternative Housing Option Standards- EEM- DWN.FINAL.doc 4 87_ § 6.14 Alternative Housing Options Page 15 of 21 D. Duplex Garages. 1. All parking and garages in the development of a duplex dwelling unit an a single lot must be located behind the duplex dwelling units. 2. No more than two single -car garages or one two -car garage is permitted on a lot per duplex unit. 3. Garages for corner lot duplexes must be located behind or to the side of the dwelling unit, or recessed within the units. 4. Duplexes may incorporate a shared drive, as shown in Figures 6.14.8.D.4. Figures 6.14.8.D.4. Shared Drives • VilnelEatt 6.14.3 Additional . Parkin a standards and options. With the exception of the number of parking spaces required provided for Live -Work units above, the following shall apply for all residential Uses: A. The required number of parking spaces Per dwelling unit shall be consistent with the requirements of Article 7.21 However, in all cases, a maximum of 2 parking spaces per dwelling unit shall be permitted. B. . Parking is not permitted in any front yard, side yard, or in any front street yard setback, with the exception of when parking is approved through the use of a driveway located within a front yard, or side yard located between two dwellings. C. Parking may be in a structure, under a structure, or outside a structure. K:I Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept2011 now Oct111-30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc 4 8 8 § 6.14 Alternative Housing Options Page 16 of 21 D. Tandem parking shall be permitted, provided that a minimum driveway length of 35 feet is provided, or 18 feet is provided if the driveway serves a private garage on the lot where the second car can be placed. Where tandem parking is utilized, no vehicle may obstruct, overhang_,_ or be located in, a private or public alley, right-of-way, pedestrian path, walkway, or sidewalk. E. Parking Courts. Parking Courts (or "T- Courts ", Figs. 6.14.9.E) are also an option for use when developed under one of the Development Concept Overlays : or Special Overlays. Parking Courts shall be developed as follows: 1. The maximum depth of a Parking Court drive is 100 feet and the maximum number of single family detached or attached dwelling units it can serve is six: 2. The minimum driveway width for a Parking Court is 10 feet for one -way access; the maximum two-way access width shall be 24 feet, except as required by the City's Fire Code. 3. Where pervious concrete, pervious asphalt, and porous pavers, or other pervious paving technologies are utilized to construct a Parking Court, the square footage of pervious surfaces will not count toward the maximum allowable impervious surface on the site, provided they are installed to industry specifications. 4. Parking Court Drive Ownership and Maintenance. a. Half of the total width of a Parking Court drive must be provided for vehicle access from properties on each side_of tEe proposed drive. b. The private easement right -of -way dedication of the parking court drive shall be required at the time of partition or subdivision plat approval, and shall be recorded on the plat. K:I Legal \SHAREDILEOAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111- 30- 11.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc4 8 9_ § 6.14 Alternative Housing Options Fiqurea 6.14.9.E. Parking Courts. };P,— ,iad'tad a cni : '1a°3:•a Page 17 of 21 bso.ts:Li F026141: 60[ *foe •aiiiltka.;s4 drt 0;46 c+sysd Figure 6.14.9.E. Parkin! Court Configuration. Preferred oroh PEDEATA WALK REctessep BRA$ vam mod arrneET . ir,OEyi : Parking iCourt Erma pih a.s ng Entiliia . Preferred Rank-Mg o Art a 08S091 Elemeirds.and Conif?' fura f n... Garages are reeeswid a.nd.entrbs. fa.kw erhtarged and wed to. occerpt- =inners and inferior r 1.4. t'+. K:ILegal1SHAREDILEGAL -DEV SVCSIFederal Grant Ordinances. - Sept 2011 now Oct111 -30.11 FINAL DRAFTSI1 I- 30- 11.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.clac4 9 0_ § 6.14 Alternative Housing Options F'r ure 6.14.9.E. Parkin Court Nei hborhood. Page 18 of 21 6.14.10 Zero Lot Line Development. A. Zero lot ' line development is permitted within the Development Concept or Special Overlays, and with the exceptions provided under this Section, shall be developed in accordance with Section 4.3.5: 1. The setbacks required and where provided for under a Development Concept Overlay or a Special Overlays shall take precedence over the requirements of Section 4.3.5. Where setback requirements are not provided for, the setback requirements of Section 4.3.5 shall prevail. 2. Windows shall be permitted on the zero line side of dwelling units under a Development Concept Overlay or a Special Overlay, provided that the windows are not capable of being opened, and provided that the placement supports the privacy of the neighboring occupants on the abutting lot. The privacy standard must be met by through one or more of the following techniques: K:1 Lega11SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTSI11 -30 -1 €.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc4 9 -� _ § 6.14 Alternative Housing Options Page 19 of 21 a. Through strategic • placement and spacing of the windows on the zero lot line side of the structure /building, by placing ground -floor windows along zero setback property lines above sight lines, or placed where the windows face a wall of the neighboring building, without direct views into adjacent dwelling units and windows. b. Window panes must be designed to provide semi - or complete opaqueness (block glass, stained glass, frosted glass), in order to provide some privacy from direct views into neighboring buildings through the spacing of windows (Figs. 6.14.10.A.2.b). c. All windows located along the zero lot line wall must meet the City's Building and Fire Department Codes. Fi . ures 6.14.10.A.2.b. Block Glass & Stained Glass Windows. B. Fences. Fencing for Zero Lot -Line Development shall be accordance with requirements of Section 9.5.9. K:\ Legal \Si- IAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS 11- 30- 11.Sec. 6.14 Alternative Housing Option Standards.EM- DWN.FINAL.doc4 9 2_ § 6.14 Alternative Housing Options Page 20 of 21 SECTION 2. That the UDC and •corresponding Zoning Map of the City of Corpus Christ, 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 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures page follows. IC` Legal 1SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct 11 -30 -11 FINAL DRAFTSII 1- 30- 11.Scc. 614 Alternative Housing Option Standards.EM- DWN.F1NAL.doc4 9 3_ § 6.14 Alternative Housing Options Page 21 of 21 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 20_. ATTEST.- Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only: this the day of , 20 For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney IC:\ Legal \SHAREDILEGAL- DEVSVCS\Federal Grant Ordinances - Sept 2011 now Octl11.30 -11 FINAL DRAFTS111- 30- 11.Sec. . 6.14 Alternative Housing Option Standards.EM- DWN.F[NAL.dp54 9 4_ Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 6..14: entitled, `Alternative Housing Options ", relating to the use, regulations and review standards for alternative housing options; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, The City's Comprehensive Plan supports the growth management goal of more efficient use of urban residential land through flexibility /in' density and lot standards and providing development standards to ensur-> ility with surrounding land uses; ;, F WHEREAS, the Corpus Christi Comprehensive Plan su ports a` ange of densities to improve the affordability of housing, increase4 s ectiveness of services, and offer citizens the quality of life desired; . „ , 4 - Z WHEREAS, with proper notice to the public, Wednesday, August 3, 2011, during meetings on Tuesdays, October 11, 2011 and Decem City Council, in the Council Chambers, a ,( iity during which all interested persons were ;flowed pu hey i gs were held on 'rng Commission, and , during meetings of the :II, v , the City of Corpus Christi, err. and be heard; WHEREAS, the City Council has Development Code (UDC), wotI its citizens by providing a re ensuring compatibility in and ensuring growth in public health and safe NOW THEREF OF CORPUS C ine it at this amendment to the Unified -- rve the general welfare of the City and a o '��a-- for more sustainable communities by men maintaining consistency and character; id desirable manner that will preserve the IT ORDAINED BY THE CITY COUNCIL OF THE CITY ,5 SECTION Thth Corpus Christi Unified Development Code is amended by addin t4i . SSe,tion 6.14 entitled "Alternative Housing Options" to read as follows. ; A r YF Alternative Housing Options. 6.14.1 Purpose. The City's Comprehensive Plan supports development that makes efficient use of land and public services, and accommodates a range of housing needs while providing for compact and compatible building and site design at an appropriate neighborhood scale which reflects the neighborhood character. The purpose of this section is to provide additional compact and affordable housing options that may not ordinarily be permitted within some of the § 6.14 Alternative Housing Options Page 2 of 21 City's Zoning Districts through the use of Development Concept Overlays and Special Overlay Districts. 6.14.2 Residential Use Allowances. A. The development of the optional housing types listed under Section (B) below shall be a permitted use within the following development concepts, when developed and constructed in accordance with the standards outlined under this section and the standards listed under the ordinance for each Development Concept Overlay or Special Overlay listed: 1. Mixed Use (MU) Overlay District. 2. Uptown- Downtown Mixed Use (MUS) Special Overlay District. 3. Target Area Redevelopment (TARS) Special Overlay District. 4. Adaptive Reuse Development Project located within the Uptown - Downtown Mixed Use Special Overlay 5. Adaptive Reuse Development Project located within a Target Area Redevelopment Special Overlay District. 6. Clustered Development Overlay District. 7. Traditional Neighborhood Development (TND) Overlay District 8. Transportation - Oriented Development (TOD) Overlay District. B. The foiIowin residential housin t es shall be a ermitted use when developed as part of one of the development concepts listed under (A) above, and within the districts listed under Tables 6.14.3.1 through 6.14.3.5 below: 1. Single - family attached or detached Brownstone units. K:\ Legal \SHAREDILEGAL- DEV.SVCS1i=ederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec, 6.14 MARKUPS, EM -DWB, FINAL.doc —496— § 6.14 Alternative Housing Options 2. Single- family attached or detached Townhomes. Page 3 of21 Single- family Rowhomes. 4. Two - family vertical .Duplexes. lEgiTird k 1 1111 110i1 Two - family horizontal Duplexes. K:1 LegaI \SHAREOILEGAL- ©EV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6A4 MARKUPS, EM -DWB, FINAL.doc —497— § 6.14 Alternative Housing Options Page4of2t 6. Single - family attached or detached Live -Work dwelling units. 7. Multiple- family Lofts / iMezzanine Units. K:lLegallSHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30- 1 MARKUPS112- 01- 9t.Sec. 6.14 MARKUPS, EM -DWB, FINALdoc —498— § 6.14 Alternative Housing Options Page 5 of 21 6.14.3. Alternative Housing Permitted Districts. The residential housing types listed above shall be a permitted use in the Zoning Districts listed in Tables 6.14.3.1 through 6.14.3.5 below for each Development Concept or Special Overlay listed above, when developed in accordance with the standards listed under this Section other_: Table 6.14.3.1 MIXED USE DEVELOPMENT ' ���1i MeinM 1 --1. Conventional Single - Family Detached I 01 multiple One - Family Brownstone 1 or multiple One - Family Towubome 2 ul G 0. v 1 11 or multiple Horizontal Duplex (same or separate lots) 1 or multiple Vertical Duplex (same lot, 1 duplex per lot) 1 or multiple LiverilVork Units 1 or multiple Loft Units RM AT A X X X X X X X ON X, X X X X X X X CN -1 X X X X X X X X CN -2 X X X X X X X X CR -1 X X X X X X X CR.2 X X X X X X X X CR-3 X X X X X X X X CO -1 X X X X X X X X CG -2 X X X X X X X CI X X X X X X CBD X X X X X. 6.14.3.3 Uptown - Downtown MU Special District ���1i MeinM 1 --1. ' �Q .� �, iSii CBD RS-6 CR -1 CI 1 or Multiple One- Family Brownstone Units x x x 1 or Multiple One-Family Townhome Units x RM -1 X Multiple One- Family Rowhome Units X X X 1 or Multiple Vertical Duplex Units (same lot,1 duplexper lot) X X X 1 or Multiple Live -fork Units X CN -1 X Multiple Apartments or Loft Units X X X Courtyard Homes X X X Table 6.14.3.4 6.14.3.2 �,'N 'HBD, A fi '1)iDiJ,SEY ... . eri 17I0TF:I::LT T4 . 1 Vertical Duplex (same lot, 1 duplex per lot) Live!Work Unit RS-6 X X RS-4.5 X X RS -TF X X RM -1 X X RM-2 X X RM-3 X X • ON X X CN -1 X X CN-2 X • X CR2 X X CR-3 X X AT ° +DcrotrAL Er BB ° Fi D ? ER[ eri 17I0TF:I::LT T4 . z3 T5 UNIT TYPE T2 ' € T House Lot, Villa, Estate Zero Lot -Line X X X Cottages, Bungalows X X Brownstone (attached) X X Brownstone (detached) X X Rowhome, Townhome (attached) X Townhome (detached) X Live-Work (attached) X X X Live Work (detached) X X X Horizontal Duplex X Vertical Duplex X X Apartment House X Apartment, Loft, Condo Building X X Courtyard Building X X T -Court Homes X Accessoiy DU X X K:1Legal\SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct\11-30-11 MARKUPS112- 01- 11,Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc -499- § 6.14 Alternative Housing Options Table 6.14.3.5 Page 6 of21 Must be able to show that The location oldie proposed units provide a logical density transition between a Single- Family or lesser density developnent, and a lilgIier.density development or district (such as commercial or multiple - family development}, 6.74.4 Minimum Development Standards for Residential Uses. A. Dwelling Unit (DU) Floor Area Lot Size, and Density Re • uirements. Alternative housin • uses are limited to the minimum and maximum floor, lot, or site coverage per dwelling unit established under Table 6.14.4.A. below, unless a less restrictive: standard is provided for under a Development Concept or Special Overlay District: B. Floor area calculations shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. Table 66.14.4.A. Residential Use Standards. Dwelling Unit (DU) Type Floor Area (Heated() . Minimum Lot Dimensions Density Permitted Dwelling Units Min. (Sq. Ft.) Max. (Sq. Ft.) Lot Size (Sq. Ft.) Lot Width (Ft) 1 PE TYPE i Brownstone or Townhome • cg �C3 y N 0 �4 Li l 4 r= .+ 2. 1 or multiple Vertical Duplex (same lot, 1 duplex per lot) A t 4 N r• ..1 4) C ...1 0 NI T -Court Homes (Detached) RSZ X * * * X X RS.4.5 X None * * X X RS-TF X X X X X X Rt14-1 X X X X X X RC11 -2 X X X X X X RM.3 X X X X X X RM -AT X X. X X X X OH X X X CH-1 X X X X CR2 X X X X CR-3 X X X X X CG -2 X X X X Page 6 of21 Must be able to show that The location oldie proposed units provide a logical density transition between a Single- Family or lesser density developnent, and a lilgIier.density development or district (such as commercial or multiple - family development}, 6.74.4 Minimum Development Standards for Residential Uses. A. Dwelling Unit (DU) Floor Area Lot Size, and Density Re • uirements. Alternative housin • uses are limited to the minimum and maximum floor, lot, or site coverage per dwelling unit established under Table 6.14.4.A. below, unless a less restrictive: standard is provided for under a Development Concept or Special Overlay District: B. Floor area calculations shall not include hallways or other common areas, or rooftops, balconies, terraces, fire escapes, or other projections or surfaces exterior to the walls of the building. Table 66.14.4.A. Residential Use Standards. Dwelling Unit (DU) Type Floor Area (Heated() . Minimum Lot Dimensions Density Permitted Dwelling Units Min. (Sq. Ft.) Max. (Sq. Ft.) Lot Size (Sq. Ft.) Lot Width (Ft) Max. Density per Acre Attached and Detached Single-family and Two- Family Dwellings (Townhouses, Brownstones, Rowhouses, Vertical and Horizontal Duplex Dwelling Units) 500 • per unit As Per the zoning District or Overlay District Standards None 50' Except on Except Conform - Ing Lot 12- i8 DUs . Lire -Wort Units (Residential Portion of Unit) 500 per unit 800 None 25` per unit 20 -30 DUs Loft Units 500 per unit No Limit None 25` per unit 30 -40 DUs Multiple- Family Units 500 per unit No Limit 8.000 50' per building 30 -40 DUs K: ILegaIN Si- iAFitL11LLGAL- DE.V.SVi;511- ederal Grant Ordinances - Sept 2011 now 0ct111 -30 -11 MARKUI'b112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINALdoc —500— § 6.14 Alternative Housing Options Page 7 of 21 6.14.5 Duplex Dwelling Unit Requirements, Single- family attached and two - family duplex dwelling units may be permitted in a residential zoning district that does not otherwise allow two- family attached dwelling units, under a Development Concept Overlay or Special Overlay, and developed according to the standards of this Article: A. Where vertical or horizontal duplex units (Figs. 6.14.5.A) are proposed on the same lot, the lot and both units within the duplex must be owned by the same owner, and the owner must reside within one of the two units within a •duplex unit. Figures 6.14.5.A. Vertical Duplex Units. B. Duplex dwelling units located on separate lots may be owned separately. C. A maximum density of one vertical or horizontal duplex dwelling unit per lot is permitted. D. The. conversion of an existing home to a horizontal duplex is prohibited, unless it Is part of a Neighborhood Mixed Use /Live -Work • unit proiect .located and developed in accordance with the Neighborhood Mixed Use standards of Article 7.11. E. Duplex and Live -Work units are only permitted in the RS -6 and RS -4.5 districts under one or more of the following conditions: 1. The development of a duplex unit is an infili prolect on a nonconforming lot. 2. It can be demonstrated that the proposed location of a duplex unit(s) will provide a "transitional density buffer" between a higher density use and a single- family home use. K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DVVB, FINAL,doc -501- § 6.14 Alternative Housing Options Page 8 of 21 The duplex or Live -Work unit is part of a larger development concept listed under Section 6.14.2.A above. F. Duplex Design Standards. All two- family attached duplex dwelling units should be constructed to have an outside appearance similar to . a single - family home, and must be constructed as follows: 1. The heights of proposed vertical duplex dwell hp units located within a flood zone may be increaait to measure no more than 28 feet at the rid e (t►wo stops), as measured from the point designateetgas °H. foot above the Base Flood Elevation (BFE). 2. The height of the two units t n a,.. l iz ntai duplex unit must measure within 4 feetear other. 3. The predominant roott®itcl7 ": • unit of the duplex unit must be the sane, ;d r,of eaves must proiect the same distance fr rifff ultditig wall. 4. The exterior fini material of each dwelling unit within the duple st b kd same, or visually match in type, size andialace ent, and trim must be the same in type, size ,rd I8ati 'n for each unit. fcr each duplex dwelling unit must match in •;i� °y '°and orientation. /..z:'y� /µ yy�i 4 4AVZ , V '* porch. uired Porches. For horizontal and vertically- instructed duplexes, at least one covered front porch must be provided along the front facade of a unit to equal a minimum of 50% of the length of the front facade. a. Horizontal duplex units may provide a shared front b. Horizontal duplex units located on a corner must provide a covered front porch for both unit entrances when fronting different streets. G. Duplex Corner Lot Design. On corner lots, each unit of a horizontal duplex must have its address, and front door oriented to a separate street frontage, and side yard facades of duplexes shall maintain the architectural design consistent with the front facade (Fig. 6.14.5.G). K: 1Legal \SHAREDILEGAL- DEV.SVCSIFederai Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWS, FINAL.doc _502- § 6.14 Alternative Mousing Options Page 9 of 21 Figure 6.14.5,G H. Duplex Second -Story Access. 1. Exterior stairs that provide access to an upper level duplex dwelling unit are not permitted an the front facade of the building, but can be provided through a side or rear staircase entrance, provided that the side staircase is located a. minimum of 10 feet rearward of the front facade wall of the dwelling structure. 2. Fire escapes or any additional accesses to a second floor unit must be constructed behind the dwelling unit. 6.14.6 Brownstone, Townhome, and Rowhome Requirements. A Multiple (more than one unit) Brownstones, Townhomes, and Rowhomes +ro•osed as a mixed use •ro'ect in the Downtown and Uptown Special Mixed Use Overlay District areas (located within the boundary map of Figure 1 under Section 6.11.2) must be developed in accordance with the standards of this Ordinance. B. Brownstone dwellin• units ma be attached or unattached units. B. Attached Brownstones, Townhomes, and Rowhoues, must be constructed so that each unit within the attached units is placed on its own platted lot, and there shall be no minimum to the number of dwelling units required for development. D. Townhomes and Rowhomes shall not exceed two stories in. height, Brownstone units may not exceed three stories in height: K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc —503— § 6.14 Alternative Housing Options Page 10 of 21 6.14.7 Live -Work Unit Requirements. A Live -Work unit combines in one space, a work space and residential living quarters. Kitchen facilities, a bathroom, and a sleeping area must be provided. The following standards shall apply to the development of all Live -Work units within a development: A. Multiple Live -Work units are ideally situated around a central courtyard /green space to provide recreational amenities for the residents inhabiting the units. Not more than 5 Live - Work units may be planned within the same City block without providing open space behind the units feither individually platted yards or a common courtyard) consisting of a minimum of 20% of each lot. B. The Commercial, Professional Office, Institutional, or Civic uses within the Live -Work units may not be divided from the residential area of the unit through sale, rent, or leasing. The Live -Work unit shall be considered one unit. C. Each Live -Work unit shall contain at least one tenant that resides onsite and operates a business within that unit. D. No more than two additional employees (other than the onsite resident s) residing outside the Live -Work unit may be employed on the premises per shift for the nonresidential use of the building. E. The residential portion of a Live -Work unit may not exceed 5-09/0- 60% of the unit's total floor area, and the nonresidential portion of a Live -Work unit must notarise at -least more than 50% of the total square footage of the unit. F. The minimum size for each residential s.sace in a Live - Work unit is 500 square feet. The residential space within a single Live -Work may not exceed 800 square feet. The floor area of both the living space and the work space shall be combined to determine the size of 'oint livin• and work quarters and may not exceed 'I_,6.00 square feet. O. Residential areas within a Live -Work unit must be constructed above the non - residential use, unless the entire unit is constructed as an accessible unit, in which case the residential area of the unit may be constructed behind, and attached to, the non- residential use area with adequate accessible access and parking provided behind the unit. K:1 Legal \SHAREDILEGAL- DEV.SVCS\Faderal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS\12- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINIAL.doc —504— § 6.14 Alternative Housing Options Page 11 of 21 H The nonresidential portion of the mixed use building may not be used purely for storage. Storage of supplies ma not occupy more than 10% of the non - residential space in the mixed use building. #1, The ground floor entrance must be clearly designated as a business entrance, and a visitor traveling through the business entrance shall not be reg_uired to pass through any residential floor area in order to enter into the nonresidential area of the unit. U1. The Live -Work unit setbacks shall be the same setback standards outlined under Section 6.8.9. JK. One parking space per unit plus one additional unassigned visitor or employee parking space shall be provided for every Live -Work unit. KL. Applications and building permit plans for the construction or establishment of Live -Work unit(s) shall clearly state that the proposal includes Live -Work units and labeled as such. i?, M .,, Non - Residential Live -Work Unit Allowances. Live -Work units are primarily developed as an alternative housing option for Commercial and Professional Office uses that do not generate high degrees of foot or auto traffic, and are located within an area served b mass transit decreasin the need for additional parking. For this reason, the non- residential portion of a Live -Work unit is limited to the following uses: Table 6.14.7.PA Perrin Accountant Office /small firm Antique Furniture Sales Architect Office / small firm Art Studios, Artists and Artisans and Associated Retail Sales (excludin tattoo parlors) Attorney Office / small firm Bakeries (when the primary use is Retail Sales and Services Beautician or Barber Shdri excludin nail care Com•uter Software and Multimedia Professionals Consultant-Office I -small firm Drvcleaners (drop -off, pick -u onl excludin drive -thru Engineering Office Fashion Graphic, interior, and other Designer Shop, K:1 Legall Sl -IARED1LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now act111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc _505_ § 6.14 Alternative Housing Options Page 12 of 21 Florist Shop Greeting Card Sales Insurance Agent Office / small firm Internet Cafe minimal snack and beverage sales) Jewelry Repair & Sales Mailing & Packaging Center Military Recruiting Office Nutritional Sales Optical Lens and Frames Sales (no physician. onsite) Real Estate Agent Office / small firm School Tutoring Service (2 or fewer students at a time) Shoe Repair Tailor /Seamstress /Dress Maker Title Agent Office / small firm Travel Agent Office / small agency 6.14.8 Residential Access, Garages, and. Driveway Standards. A. Driveway Requirements. 1. The maximum driveway width on an individual lot with frontage access is 10 feet, or 12 feet if the driveway is shared with a neighboring . dwelling unit (Figs. 6.14.8.A.1). Figures 6.14.8.A1. Shared Drives 2. Impervious driveways must be included within the 70% maximum allowable impervious coverage requirement of the site (80% on non - conforming lots). K:1Legai\SHARED \LEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc § 6.14 Alternative Housing Options Page 13 of 21 3. Driveways constructed on properties utilizing access from the front of the lot must be a minimum of 20 feet in length as measured from the front property line, except where a Parking Court is implemented, in which case the standards of Section 6.14.9,E shall apply. 4. Driveway apron widths may be increased up to 22 feet in width within 10 feet of the garage door. B. Private Garages. Private single and two -car q#es are permitted on individually platted Tots, providedAkartztagore than two single car garages or one tw* r ,gar is provided per each dwelling unit on a lot, a dpr * eclthat: _,,,. 1. Garages may not exceed 49 %4,Q the •Welling unit square footage on an individu The garage footprint musf., inc ded within the 70% maximum allowable. i *erriipitosoverage requirement of the site when annp , ioi„s., coverage percentage is not provided and a' ,,-v- ment Concept Overlay or Special Overla rdinan r 3. Garages knot enverted to dwelling units. 4. Det ra' -s must always be located behind the rea «de,`' e principal building. ioN not be located in a street corner yard (i.e. twfe a public street and the dwelling unit). •rages may not be located within the required side yard setback, and a minimum of three feet from any common alley where provided. Two -car garages must be located behind the rear facade of the dwelling unit, or recessed within the dwelling unit (Fig. 6.14.8.B.7). K:t Legal \SHARED\LEGAL- DEV.SVCSIFedera! Grant Ordinances - Sept 2011 now oct111 -30 -11 MARKUPSI12- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FiNAL.dac —507- § 6.14 Alternative Housing Options Page 14 of 21 Single car garages may be located .behind, adjacent to, or recessed within a dwelling unit, provided that the garage does not extend forward of the front facade of the dwelling unit (Figs. 6.14.8.B.8). Figures 6.14.8.B.8. Recessed Garages. C. Common Garages. 1. Shared common garages, parking areas, and driveways are permitted . in all new developments of attached and detached single - family and two - family dwelling units. 2. Common garage structures areprohibited within 20 feet of a public street. K:I Lega ]1SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sac. 6.14 MARKUPS, EM -DWB, FINAL.doc -508- § 6.14 Alternative Housing Options Page 15 of 21 Duplex Garages. 1. All parking and garages in the development of a duplex dwelling unit on a single lot must be located behind the duplex dwelling units. 2. No more than two single -car garages or one two -car garage is permitted on a lot per duplex unit. 3, Garages for corner lot duplexes must be located behind or to the side of the dwelling unit, or recessed within the units. 4. Duplexes may incorporate a shared drive, as shown in Figures 6.14.8.D.4. Figures 6.14.8.D.4. Shared Drives 6.14.9 Additional Parking Standards and Options. With the exception of the number of parking spaces required provided for Live -Work units above, the following shall apply for all residential uses: A. The required number of parking spaces per dwelling unit shall be consistent with the re • uirements of Article 7.2- However, in all cases, a maximum of 2 parking spaces per dwelling unit shall be permitted. B. Parking is. not permitted in any front yard, side yard, or in any front street yard setback, with the exception of when parking is approved through the use of a driveway located within a front yard, or side yard located between two dwellings. C. Parking may be in a structures under a structure, or outside a structure. K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc —509— § 6.14 Alternative Housing Options Page 16 of 21 D. E. Tandem parking shall be permittedy_provided that a minimum driveway length of 35 feet is provided, or 18 feet is provided if the driveway serves a private garage on the lot where the second car can be placed. Where tandem parking is utilized, no vehicle may obstruct, overhang,_ or be located in, a private or public alley,_ right -of -way, pedestrian path, walkway, or sidewalk. Parking Courts. Parking Courts (or "T- Courts", Figs. 6.14.9.E) are also an option for use when .develo ed under one of the Development Concept Overla s .. aPa V ecial Overlays. Parking Courts shall be developed • fellows • � t The maximum depth of a Parking �Cou< d ";t' is 100 feet and the maximum nummtier f s , • gee family detached or attached dwellings 1' c•serve is six. 2. The minimum driveway wig dor Court is 10 feet for one -way acces - th mum two -way access width shall be 24 fe6.t, eiteptas required by the City's Fire Code. If/ 3. Where pervious ncr te, pervious asphalt, and porous pavers, orraather vious paving technologies are utilized , ons uct a Parking Court, the square footage of p_eiiiousuces will not count toward the maximum a pvii imp rvious surface on the site, provided they re to industry specifications. Par 9 I Court Drive Ownership and Maintenance. :? Half of the total width of a Parking Court drive must be provided for vehicle access from ro er ties on each side of the ro osed drive. b. The private easement right -of -way dedication of the parking court drive shall be required at the time of partition or subdivision plat approval, and shall be recorded on the plat. K: ILegaIISHARED \LEGAL- DEV.SVCS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc —510— § 6.14 Alternative Housing Options Fic Lres 6.14.9.E._Parkinc Courts. 305: rhf Page 17 of 21 iiiig pdQ -sra{s racr . Figure 6.14.9.E. Parking Court Configuration. Preferred PESEhT MAN WALK .40061T NAG REICE-$51ED. G.ARAGES it Dae =aIIrad1 l pay king Cedirt Eligicrfha:sitil l? Entries: Pre(e fired Pailkkhg Couilyard Des On Elements and Contguratilbut Garages dm recesred and entries rite en[arged and used scent corners and i te4rk F vista K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 nowOct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc -511- § 6.14 Alternative Housing Options Figure 6.14.9.6. Parking Court Neighborhood. Page 18 of 21 6.14.10 Zero Lot Line Development. A. Zero lot line development is permitted within the Development Concept or Special Overlays, and with the exceptions provided under this Section, shall be developed in accordance with Section 4.3.5: 1. The setbacks required and where provided for under a Development Concept Overlay or a Special Overlays shall take precedence over the requirements of Section 4.3.5. Where setback requirements are not provided for, the setback requirements of Section 4.3.5 shall prevail. 2. Windows shall be permitted on the zero line side of dwelling units under a Development. Concept Overlay or a Special Overlay, provided that the windows are not capable of being opened, and provided that the placement supports the privacy of the neighboring occupants on the abutting lot. The privacy_ standard must be met by through one or more of the following techniques: K:lLegal1SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct011 -30 -11 MARKUFS112- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FINAL.doc - -512-- § 6.14 Alternative Housing Options Page 19 of 21 a. Through strategic placement and spacing of the windows on the zero lot line side of the structure/building, by placing ground -floor windows along zero setback property lines above sight lines, or placed where the windows face a wall of the neighboring building, without direct views into adiacent dwelling units and windows. b. Window panes must be designed to provide semi - or complete opaqueness (block glass, stained Glass frosted Glass), in order to provide some privacy from direct views into neighboring buildings through the spacing of windows (Figs. 6.14.10.A.2.b). c. All windows located along the zero lot line wall must meet the City's Building and Fire Department Codes. Figures 6.14.10.A.2.b. Block Glass & Stained Glass Windows. B. Fences. Fencing for Zero Lot -Line Development shall be accordance with requirements of Section 9.5.9. K: 1LegalISHAREDILEGAL- DEV.SVCS\Federai Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11,Sec. 6.14 MARKUPS, EM -DWB, FiNAL.doc —513— § 6.14 Alternative Housing Options Page 20 of 21 SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted an this date, remain in full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflic'tith this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, s :bdiv 'on, i ause, phrase, word or provision of this ordinance shall b h fa lid or unconstitutional by final judgment of a court of competent yr ictio , it may not affect any other section, paragraph, subdivision, e, = ae, word or provision of this ordinance, for it is the definite intent • ity Council that every section, paragraph, subdivision, clause, phra ;.: ord or provision hereof be given full force and effect for its purpose. SECTION 6. A violation of this ordinan�r,y� °qui rnents implemented under this ordinance constitutes an offense p ishab s provided in Section 1.10.1 and /or Article 10 of the UDC. SECTION 7. That publication s of Corpus Christi as required SECTION 8. This Ordin Ordinance. Signatures page follows. de in the official publication of the City harter of the City of Corpus Christi. ke effect upon and after publication of this K:I Legal \SHAREDILEGAL- DEV.SVCSIPederai Grant Ordinances - Sept 2011 now 0611 -30 -11 MARKUPS;12- 01- 11.Sec. 6.14 MARKUPS, EM -DWB, FLNAL.doc —5 1 4— § 6.14 Alternative Housing Options Page 21 of 21 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler _ John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second tIassed finally on this the day of , 20 by t ' . following vote: Joe Adame �'� , Id eb Chris Adler �n ti' Marez Larry Elizondo, Sr. >, I elda Martinez > Kevin Kieschnick �' Mark Scott Priscilla Leal PASSED AND ATTEST: Arma CItG this the day of , 20 _ APPROVED as to form only: this the For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney Joe Adame Mayor day of 20_. K,1LegallSHARED \LEGAL- DEV.SVCS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 6.14 MARKUPS, EM -MB, FINAL.doc -515- § 7.11 Neighborhood Mixed Use (NMU) Development Standards Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 7.11 entitled, "Neighborhood Mixed -Use (NMU) Development Standards ", relating to the use, regulations and review standards for residential mixed -use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan encourages compatible mixed uses of similar type such as, neighborhood retail business and residential activity; as well as the development of commercial areas that contain mixed office use and retail activities; WHEREAS, the Corpus Christi Comprehensive Plan stipulates that stores and businesses be allowed to locate closer to neighborhoods if they provide supportive services; are characterized by activities of low intensity; and are beneficial to residential areas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings of the City Council, in the Council Chambers, at City Hail, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 7.11 entitled "Neighborhood Mixed -Use (NMU) Development Standards" to read as follows: ,§3 7.11 Neighborhood Mixed -Use (NMU) Devment Standards 7.11.1 Purpose and Intent. The purpose of the standards for this Section is to provide for a mix of small to medium scale residential uses with an ern hasis on smaller commercial uses, within a multi -modal environment. The intent of these standards is to: -516- § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 2 of 15 A. Allow for different types of compatible land uses close together in appropriate locations to shorten transportation trips and facilitate multi -modal development. B. Encourage infill and redevelopment utilizing commercial, professional office, and residential mixed -use development within surrounding. neighborhood uses. C. Allow flexibility in development standards for residential mixed -use buildings that are similar in scale to surrounding residential development while providing storefront -style shopping streets. D. Limit the size of any one commercial retail use to keep the scale of commercial activity appropriate to the surrounding area while providing services to local residential communities. 7.11.2 District Allowances. A Neighborhood Mixed -Use building shall be a permitted use when constructed in the RS -6, RS -4.5, RS -TH; RS- TF, RM -1, RM -2, RM -3, ON, CN -1, CN -2, CR -2, and CR -3 Zoning Districts in accordance with the standards of this Ordinance. 7.11.3 • General Standards. A. Neighborhood Mixed -Use (NMU) development shall be defined for the purpose of this Ordinance as a small scale residential mixed -use development (e.g., a small market dry cleaner, small retail shop, etc., professional office, in combination with a single - family dwelling unit located above the non - residential use). Neighborhood Mixed -Use building must be located on a corner lot and must have frontage and access onto a Arterial or Collector Street, as designated by the City's Urban Transportation Plan. C. Lots contiguous to corner lots and fronting on an Arterial Street may also be developed for residential mixed uses where the underlying • zoning district allows for . non - residential- uses, and when developed in accordance with this Ordinance (Figs. 7.11.3.C). K:ILega11SHAREDI LEGAL- DEV.SVOSIFederal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWB.FINAL.doc -517— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 3 of 15 Fi s ures 7.11.3.C. Conti. uous Residential Mixed -Use Buiidin's. Only one Neighborhood Mixed Use building is permitted per block. Two Residential Mixed Use buildings per the same residential block may be permitted, only if the second mixed use proposed offers a non- residential service that is not already present within the same block, and the same nonresidential use is not located within 1/3 mile from the proposed site and use (e.g. only one restaurant, one office, one gift shop, one barber shop per block). E. Residential uses must be located above the nonresidential" use, unless the entire unit is constructed as an accessible unit, in which case the residential area of the unit may be constructed behind, and attached to, the non - residential use area with adequate accessible access and parking provided behind the unit (Figs.7.11.3.E). Figures 7.11.3.E. Examples of Residential Mixed -Uses. K:1 Legal \SHARED\LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now 0611 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DVSB.FINAL.doc § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 4 of 15 F. The nonresidential portion of the Neighborhood Mixed Use building may not be divided from the residential area of the building through sale, rent, or leasing. The Neighborhood Mixed Use building shall be considered one unit. G. The non - residential portion of a Neighborhood Mixed Use building may not exceed 50% of the building's total floor area. H. The minimum size for each • residential space in a Neighborhood Mixed Use building shall _be 800 square_ flee#. The maximum residential space within the structure must not exceed 1 ,500 square feet. The maximum floor area of the entire mixed use structure may not exceed 3,000 square feet. The mixture of uses shall occur in the same building. The residential use shall • not exceed the maximum number of dwelling units which would otherwise be permitted in the zoning district. J. The conversion of any accessory structure to commercial use shall be prohibited. K Each residential portion of the Nleighborhood Mixed Use building shall contain at least one owner, or family member of the owner, or an employee that works onsite for the owner, that resides onsite and operates a business within that unit. L. The entire unit may be leased as one unit, only if the tenant operates the business portion of the building, and lives within the residential portion of the building. M. No more than two additional employees (other than the onsite residents) residing outside of mixed use building may be employed within the business portion of the building per shift. K:\Legal \SHARED \LEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 FINAL DRAFTS 111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Stardards.YD- DWB.FINAL.doc -519- § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 5 of 15 N. Existing residential buildings may be redeveloped as a Neighborhood Mixed Use Building, provided that non- residential portion of the mixed use building is a permitted use listed under Section 7.11.6, and the structure meets the location requirements of this Section, and subiect to the remaining standards of this Ordinance. O. Neighborhood mixed -use structures shall be required to meet the City's Building Codes. P. The non - residential portion of the mixed use building may not be used purely for storage. Storage of supplies may not occupy more than 10% of the non - residential space in the mixed use building. Properties located within an area or subdivision that fall under a Homeowner's Association or other managing entity must provide a written statement from the managing entity stating that they approve of the proposed Neighborhood Mixed Use development on the proposed site concurrently with the building application. 7.11.4 Minimum and Maximum Requirements. A. Lot Area, Density, and Heights. The minimum lot area, maximum density, and maximum height for a Neighborhood Mixed Use building shall be the same as permitted by the underlying Zoning District. B. Lot Width. The minimum lot width for a Neighborhood Mixed -Use development shall be the same width required by the Zoning District in which the proposed mixed -use development is located. C. A Live -Work unit may be constructed on a nonconforming lot having a minimum width of 24 feet, when constructed in accordance with the Live -Work standards outlined under Section 6.14.7. D. Maximum Impervious Surface Allowance. The entire Neighborhood Mixed Use building footprint may not exceed more than 70% of the entire lot, excluding parking areas. 7.11.5 Setbacks. A. Front Setbacks. 1. New Construction K:I Legar \SHAREDILEGAL- DEV.SVCSIFederar Grant Ordinances - Sept 2011 now Oct\11-30-11 FINAL DP,AFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWB.FINAL.doc —520— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 6 of 15 a. Where a 5 to 10 -foot sidewalk is present along an Arterial or Collector Street for a proposed Neighborhood Mixed Use development, the proposed building may have a 0 -10 -foot build -to line /front setback measured from the property line. b. Where a sidewalk is not present along an Arterial or Collector Street, a sidewalk must be provided and designed in accordance with the dimensions proposed within the City's Urban Transportation Plan for the proposed development site and the standards of the American's with Disabilities Act Standards. The minimum front building ( "build -to" line) setback shall then be measured from the property line for a distance of 0 to 10 feet. The front yard setback of a proposed residential mixed use building on an interior lot where the district allows for a non - residential use, shall be the average of the setbacks of structures on abutting Tots (Fig. 7.11.5.A1 c). Figure 7.11.5.Alc 2. Existing Structure Remodel. The existing setback of - an existing building shall be permitted to remain. The sides of existing porches and stoops may be enclosed only by screens. B. Side and Rear Yards Setbacks. 1. The street side yard shall measure a width of within 1 to 5 feet of the existing depth of the adjacent front . yard fronting on the Collector or side street (lot or structure located behind the proposed mixed -use building). 2. The non - street side yard must be a minimum of 5 feet, with exception of Neighborhood Mixed -Use K: 1LegaI (SHAREMLEGAL- CEVSVCS\Federal Grant Ordinances - Sept 2011 now Ocf111 -30-11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- 13WB.FINAL.doc -521- § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 7 of 15 development proposed within the CN -2 Zoning District, in which case a 10-foot side yard shall be required if a mixed -use development is proposed within or adjacent to a residential district. 7.11.6 Permitted Commercial, Professional Office, and Civic Uses. A. The following non - residential uses shall be permitted within a Neighborhood Mixed -Use development: Table 7.11.6.A Neighborhood Mixed Use (NMU) Non - Residential Permitted Uses Adult Day -Care Centers Art Studios, Artists and Artisans, Associated retail sales (excluding tattoo parlors) Bakeries, Patisseries, Chocolates, are allowed when the primary use is Retail Sales and Services Beautician Salons & Barbers (excluding nail care) Bed & Breakfast Home (no allowance for special events) Bicycle Sales and Rentals Cafes and Bistros (no alcohol sales, unless permitted by district) Child Day Care Centers Civic /Government Office Uses Computer Software and Multimedia Related Professionals Drycleaners (drop -off, pick -up only, no drive -thru) Farmers Market Retail Stand Fashion, Graphic, Interior and Other Designers Florist Home Occupations Ice Cream Parlors Laundromats Mai! & Packaging Centers Neighborhood Market (no fueling sales) Neighborhood Pharmacy Non - Medical Offices Nutritional Sales Physical Fitness Gyms, Dance, Martial Arts Studios Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, engineers, architectural firms, and similar uses) Real Estate Offices Repair & Sales /Services, conducted entirely within a building; (computer, plumbing locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, or similar automotive or truck uses) Restaurarrts,._Food & BeyeraQe Service (sit -down or take -out services permitted, alcohol service only where district permits, no drive throughs) Retail Sales, including Boutiques, Delicatessens, Video /Game Rentals, Cell Phone Sales Musical instrument Sales /Repair, Fruit & Vegetable Sales, Automotive Parts (no service of vehicles or bays onsite), Crafts, Hardware, Home Decor, News & Books, Jewelry /Repair & Sales, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiq es K:ILegallSKARED \LEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWB.FINAL.doc —522— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 8 of 15 School Tutorin• Services Tailor /Seamstress /Dressmakin. Senior Activity Centers 7.11.7 Design Standards A. Ground level non - residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used). Display windows shall be transparent to the extent that the window allows views into and out of the interior. B. Display windows and doors should be framed /trimmed. C. At no time shall building windows fronting or within view of a public street be boarded up, except in cases of weather emergency preparation. D. No permanently installed burglar bars shall be visible from any public street. The ground floor nonresidential portion of a Neighborhood Mixed Use building may install fully retractable metal security screen ng or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business, and must not be visible during business hours (Figs. 7.11.7.D). Figures 7.11.7.0. Permitted Security Screening. N: K:1 LegaI \SI1AREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct 11 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD-DWB.FINAL.doc —523— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 9 of 15 E. All buildings with a flat roof should have a decorative cornice at the top of the building; or eaves when the buildinq is designed with a pitched roof. P. The principal entrance of the Neighborhood Mixed Use building shall be oriented toward the street. G. The nonresidential and residential uses within the same structure shall be permitted to share a common principal entrance within a Neighborhood Mixed Use. H. There shall be no outside display of goods and/or services unless a 10 -foot sidewalk width is provided, and any display or service does not encroach upon the required 5 -foot pedestrian Clear Zone of the sidewalk. iA Use Privilege Agreement and fee may be required by the City). 7.11.8 Sidewalks. A. Sidewalks must be provided along all Arterial and Collector Streets for all Neighborhood Mixed Use buildings, and constructed in accordance with the American's with Disabilities Act Standards. If an existing structure located along an Arterial or Collector Street is being remodeled as a Neighborhood Mixed Use, an accessible sidewalk must be present or constructed along the street front. C. The sidewalk width must be constructed in accordance with the width dimensions proposed within the City's Urban Transportation Plan for the site. 7.11.9 Access. A. Where access is currently available to a proposed Neighborhood Mixed Use development site the access shall be permitted to remain, provided that the parking location requirements of Section 7.11.10 below are met. B. Drive -in /through facilities shall be prohibited . within a Neighborhood Mixed Use development. 7.11.10 Parking A. Parking for a residential mixed -use proiect is only permitted in the non - street yard side or rear yard of the mixed use structure. K:1 Legal \SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWS.FENAL.doc —524— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 10 of 15 Although the Neighborhood Mixed Use building requires direct pedestrian access from the principal entrance to the public sidewalk and parking area in accordance with the American's with Disabilities Act Standards, may be provide d in the rear or non - street yard side of the building. C. On corner lots, parking shall not be allowed in the area extending from the property line to a line which is parallel to the front facade of the principal structures on the abutting lots, not to exceed 25 feet in depth (Fig. 7.11.10.C). Figure 7.11.10.C. Arterial Street Property Line 6 fl. w! 54t. ndn. sidewalk D. There shall be a minimum of two and a maximum of three parking spaces for the non- residential portion of the mixed use building, plus a minimum of one ofF street_aarking space, with a maximum of two off - street parking spaces for the residential portion of the mixed use building. 7.11.11 Streetscape Zone A. A full Streetscape Zone shall not be required for a Neighborhood Mixed Use building; however, flower planters or window boxes roust be provided to promote an inviting pedestrian atmosphere (Figs 7.11.11.A). K:I Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS I11 -20- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWB.FINAL.doc —525— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Fi =ures 7.11.11.A Page 11 of 15 B. Fencing and Screening. It is the intent of this Ordinance that the non - residential use within the Neighborhood Mixed Use is compatible with the existing and adjacent residential neighborhoods, therefore a solid screening fen ce shall not be required between a residential mixed use building and adiacent residential structures and districts; however, vehicular screening shall be provided utilizing one of the following methods for each parking location: 1. Rear Yard. Vehicular screening shall not be required for parking areas located behind the structure, but must be provided along the rear property line where a residential home exists adjacent to the proposed mixed use building. Screening shall be provided through one of the following methods: a. Dense landscaping shrubs or hedges (minimum 3 gallon container) that shall be maintained to a height of from 5 feet to 6 feet, as measured from the elevation of the vehicular use area b. A solid fence measuring_no less than 5 feet and no greater than 'r feet in height. 2. Non - Street Side Yard, Parking located within the non - street side yard must be screened from the public right - of -way through one or more of the following methods: a. Hedges (minimum 3 gallon container) that shall be maintained to a height of from 24 to 36 inches as measured from the elevation of the vehicular use area b. A solid decorative wall not less than 3 feet in height, and not exceeding 4 feet in height. K:I Legal 1SHAREDILEGAL- DEVSVCS\Federa! Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use 5tandards.YD- DWB.FINAL.doc - -526— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 12 of 15 3. Fencing of anv type shall not be _permitted along the front property line or along an Arterial or Collector Street; however, decorative iron fences no greater than 5 feet in height and providing 50% or more transparency are acceptable, excluding chain-link fencing. Fencing may not intrude upon, or open onto, any portion of the pedestrian sidewalk. C. Awnings are permitted and encouraged in accordance with Section 6.13.1.D. D. Signs. Signs for a neighborhood mixed use shall be permitted and limited to the following options: 1. Attached, commercially- prepared painted wall signs not exceeding 32 square feet in area may be mounted on a building wall, only one sign shall be permitted per building wall /facade. All wall signs must be attached flat ag ainst the wall of the buildin Address signs not exceeding 2 square feet in area. 3. Non - illuminated sandwich board signs or A frame signs, provided they are . not located within the 5 -foot Pedestrian Clear Zone along a sidewalk. 4. Han • in and wail- mounted blade si • ns not exceedin• 4 square feet in area, provided that the signs shall not project more than 4 feet from the building or one -third of the sidewalk width, whichever is less. K:1 LegaI1SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -30 11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWS.FINAL.doc —527— § 7.11 Neighborhood Mixed-Use (NMU) Development Standards 7.11.12 Page 13of15 5. All signs shall meet a minimum vertical clearance of 7 feet. E. Lighting. Lighting provided for the structure shall not be directed at the neighboring residential uses and shall be shielded from spillover. F. Solid Waste Disposal. All solid waste materials shall be kept in residential waste containers behind the mixed use building. Dumpsters are not permitted onsite. G. Accessory structures onsite are not permitted to be used for commercial purposes. H. Outdoor displays and storage other than vegetation planters shall not be permitted onsite. Hours of Operation. Businesses within a mixed -use must provide reasonable hours of operation that are compatible with the neighboring residential uses. Hours of operation are limited to 7:00 a.m. to 9:00 p.m. daily. SECTION 2. That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. K:1 LegalI SHAREDILEGAL- DEV.SVCSIFederel Grant Ordinances - Sept 2011 now Oct;11 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWB.FINAL.doc —528— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 14 of 15 SECTION 5. if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by. final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on following page. K:l LeegaI ISHAREDILEGAL- DEV.SVCS11=ederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS111 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWB.FINAL.doc —529— § 7.11 Neighborhood Mixed -Use (NMU) Development Standards Page 15 of 15 That the foregoing ordinance was read for the first time and passed to its second reading an this the day of , 20 , by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 20, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Elizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal PASSED AND APPROVED this the day of , 2011. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED as to form only: this the day of • , 2011. For Carlos Valdez, City Attorney By: Deborah Walther Brown Assistant City Attorney K :ILegal\SHAREDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 FINAL DRAFTS ;11 -30- 11.Sec. 7.11 Neighborhood Mixed Use Standards.YD- DWB.FINALdoc —530— Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 7.11 entitled, "Neighborhood Mixed -Use (NMU) Development Standards ", relating to the use, regulations and review standards for residential mixed -use development; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan encourages c patible mixed uses of similar type such as, neighborhood retail business and residential activity; as well as the development of commercial areas that coat rfm - I so ice use and retail activities; WHEREAS, the Corpus Christi Comprehensive Plan stipulates businesses be allowed to locate closer to neighborl supportive services; are characterized by activities beneficial to residential areas; WHEREAS, with proper notice to the public Wednesday, August 3, 2011, during meetint yof on Tuesdays, October 11, 2011 and Dec; rf be City Council, in the Council Chambers, a City during which all interested persons were a ores and ey provide ensity; and are rings were held on fanning Commission, and 11, during meetings of the in the City of Corpus Christi, appear and be heard; WHEREAS, the City Council hr � -ter ° ed that this amendment to the Unified Development Code (UDC), Sul b `A °rve the general welfare of the City and its citizens by providing a,g ` Hq ory° base for more sustainable communities by ensuring compatibility in' - • pm nt, maintaining consistency and character; and ensuring growth 'ice orddrly and desirable manner that will preserve the public health and sa ty ; - NOW THERE.. , E ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORP TI: the Corpus Christi Unified Development Code is amended by ection 7.11 title "Neighborhood Mixed -Use (NMU) Development dsto read as follows: Neighborhood Mixed -Use (NMUI Development Standards 7.11.1 Purpose and Intent. The purpose of the standards for this Section is to provide for a mix of small to medium scale residential uses, with an emphasis on smaller commercial uses; within a multi- modal environment. The intent of these standards is to: § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 2 of 16 A. Allow for different types of compatible land uses close together in . appropriate locations to shorten transportation trips and facilitate multi -modal development. B. Encourage infill and redevelopment utilizing commercial, professional office, and residential mixed -use development within surrounding neighborhood uses. • C. Allow flexibility in development standards for Vegidential mixed -use buildings that are similar in scale oesaligeritling residential development while providing r frprsyle shopping streets. Limit the size of any one commerciar et la .use to keep the scale of commercial activity appreerii4e,Nlfig. surrounding area while providing_ services N40 ]cal residential 7.1.2 District Allowances. A Neighboroo• M id -Use building shall be a permitted use when construet d �. the ` S -6, RS -4.5, RS -TH, RS- TF, RM -1, RM -2, RM -3, O CN -1;, N -2, CR -2, and CR -3 Zoning Districts in accordance with . , standards of this Ordinance. communities. 7.11.3 General Standards' A. Neighbor defindd for urpose of this Ordinance as a small scale resii n iced -use development (e.g., .a small market, dry can Mall retail shop, etc, professional office, in Lion with a sin•le -famil dwellin• unit located above - residential use). ed -Use (NMU) development shall be eighborhood Mixed -Use building must be located on a 4, corner lot and must have frontage and access onto a Arterial or Collector Street, as designated by the City's Urban Transportation Plan. C. Lots contiguous to corner lots and fronting on an Arterial Street may also be developed for residential mixed uses where the underlying zoning district allows for non- residential uses, and when developed in accordance with this Ordinance (Figs. 7.11.3.C). KA Lega1 1SHAP.ED\LEGAL- DEV.SVCS1Federal Grant Drdinarices - Sept 2011 now Oct111 -30 -11 MAR.KUPS112- 01- 11.Sec. 7.11.Markup, 'D -DWB, F1NAL.doc —532— § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 3 of 16 Figures 7.11.3.C. Conti uous Residential Mixed -Use Buildin s. D. Only one Neighborhood Mixed Use building is permitted per block. Two Residential Mixed Use buildings per the same residential block may be permitted, only if the second mixed use proposed offers a non- residential service that is not already present within the same block, and the same nonresidential use is not located within 1/3 mile from the proposed site and use (e.g. only one restaurant, one office, one gift shop, one barber shop per block). E. Residential uses must be located above the nonresidential use, unless the entire unit is constructed as an accessible unit, in which case the residential area of the unit may be constructed behind, and attached to, the non- residential use area with adequate accessible access and parking provided behind the unit (Figs.7.11.3.E). Fi ' urea 7.11.3.E. Exam . les of Residential Mixed -Uses. I(:\L egal \SHAR.EDILEGAL- DFV.SVCS\Federal Grant Ordinances - Sept 20I1 now Oct111 -30 -11 MART {UPS112- 13i- 11.Sec. 7.11.Markup, YD -DWB, FINAL.doc —533— § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 4 of 16 F. The nonresidential portion of the Neighborhood Mixed Use building may not be divided from the residential area of the building through sale, rent, or leasing. The Neighborhood Mixed Use building shall be considered one unit. G. The non - residential portion of a Neighborhood Mixed Use building may not exceed 50% of the building's total floor area. H. The minimum size for each residential space in . a Nei hborhood Mixed Use bu:ildin_q shall be 840 square feet. The maximum residential space within the structure must not exceed 1,500 square feet.. The maximum floor area of the entire mixed use structure may not exceed 3,000 square feet. The mixture of uses shall occur in the same building. The residential use shall not exceed the maximum number of dwelling units which would otherwise be permitted in the zoning district. J. The conversion of any accessory structure to commercial use shall be prohibited. K. Each residential •ortion of the Neighborhood Mixed Use building shall contain at least one owner, or family member of the owner, or an employee that works onsite for the owner, that resides onsite and operates a business within that unit. The entire unit may be !eased_as one u€�it�_onIY_if the tenant operates the business portion of the building, and lives within the residential portion of the building. M. No more than two additional employees (other than the onsite residents) residing outside of mixed use building may be employed within the business portion of the building per shift. K:1 Legal \SHARED\LEGAL- DEV.SVCSIFederai Grant Ordinances - Sept 2011 now Oct\11-30-11 MARKUPS112- 01- 11.Sec. 7.11.Markup, YD -DWB, FINAL.doc -534- § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 5 of 16 N. Existing residential buildings may be redeveloped as a Neighborhood Mixed Use Building, provided that non- residential portion of the mixed use building is a permitted use listed under Section 7.11.6, and the structure meets the location re • uirements of this Section and sub'ect to the remaining standards of this Ordinance. O. Neighborhood mixed -use structures shall be required to meet the City's Building Codes. P. The nonresidential portion of the mixed use building. may not be used purely for storage. Storage of supplies. may not occupy more than 10% of the non-residential .space in the mixed use building. M. Properties located within an area or subdivision that fall under a Homeowner's Association or other managing entity must provide a written statement from the managing entity stating that • they approve of the _proposed Neighborhood Mixed Use - development on'the proposed site concurrently with the building application. 7.11.4 Minimum and Maximum Requirements, A. Lot Areal Density, and Heights. The minimum lot area, maximum density, and maximum height for a Neighborhood Mixed Use building shall be the same as permitted by the underlying Zoning District. B. Lot Width. The minimum lot width for a Neighborhood Mixed -Use development shall be the same width required by the Zoning District in which the proposed mixed -use development is located. C. A Live -Work unit may be constructed on a nonconforming lot having a minimum width of 24 feet, when constructed in accordance with the Live -Work standards outlined under Section 6.14.7. D. Maximum Impervious Surface Allowance. The entire Neighborhood Mixed Use building footprint may not exceed more than 70% of the entire lot, excluding parking areas. K:Il.,egaJ \SHARED \LEGAL- DEV.SVGSTederai Grant Ordinances - Sept 2011 now Oct1I1 -30 -11 MARK JPS112- 01- 11.Sec. 7.11.Maricup, YD -DWB. F'INAL.doe —535— § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 6 of 16 7.11.5 Setbacks. A. Front Setbacks. 1. New Construction. a. Where a 5 to 10 -foot sidewalk is present along an Arterial or Collector Street for a proposed Neighborhood Mixed Use development, the proposed building- may have a 0 -10 -foot build -to line /front setback measured from the property line. b. Where a sidewalk is not present atonq :an Arterial or Collector Street, a sidewalk; <must be provided and designed in accordance with the dimensions proposed within the City's "`Urban Transportation Plan for the proposed development develo#MWilt site and the standards of the American's with Disabilities Act Standards. The minim'um:,front building ( "build -to" line) setback shall, then' be' measured from the property line for::a d:istande of 0 to 10 feet. c. The front yard setback of a proposed residential mixed use 'building on an interior lot where the distridf'ilows 'for a non - residential use, shall be the `'averaje of the setbacks of structures on abutt&lots (Fig. 7.11.5.A1c). Figure 7.11.5./11c 2. Existing Structure Remodel. The existing setback of an existing building shall be permitted to remain. The sides of existing porches and stoops may be enclosed only by screens. K;1LegailSHAREDILEGAI DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPSI12- 01- 11.Sec. 7.1i.Markup, YD -DWB, FINAL.doc —536— • Neiahborhoodjllixed Use NM1J Nofl-Residential Permitted Uses Adult Da -Care Centers Art Studios Artists and Artisans Associated retail sales [e ctud:ina tattoo pari'ors) Bakeries Patisseries Chocolates are. allowed when the primary use is Retail Sales and Services Beautician Salons & Barbers (excluding nail care Bed &Breakfast Home no allowance for s ecial events Bic cle.Sales and Rentals Cafes and Bistros no alcohol sales unless permitted by district] Child Day. Care Centers Civic /Government Office Uses Computer Software and .Multimedia_ Related Professionals Drycleaners dro'' -off pick-u onv no drive -thru — —�- — Farmers Market Retail Stand Fashion Gra hic `Interior and Other Designers Florist Horne Occu ations Ice:C "ream Parlors — _ _ Laundromats - - - - -- _ _ �Jlail & Packa in Centers Nei hborhood Market rio fuelin sales - -- J —�- Nei hborhood Pharmacy Non- Medical Offices Nutritional Sales Ph &cal Fitness Gyms, Dance Martial Arts Studios • . Professional Services (including, attorneys, accountants, insurance sales, barbers, travel agency, consultant firms, enaineers, architectural firms, and similar uses) § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 8 of 16 Real Estate Offices Repair & Sales /Services, conducted entirely within a building; (computer, plumbing, locksmith, shoe repair, but not including auto repair, detailing, tire service, auto body painting, or similar automotive or truck uses) . Restaurants, Food. & Beverage Service, (sit -down or take -out services permitted, alcohol service onfy where district permits, no drive throu hs _ Retail Sales, including Boutiques, Delicatessens, Video /Game Rentals, Cell 'Phone. Sales, Musical.. Instrument Sales /Repair, Fruit & Vegetable Sales, Automotive Parts no service of vehicles or. ba ys onsite Crafts Hardware Home Decor News & Books, Jewelry /Repair & Sales, Sporting Goods, Optical, Office Supplies, Greeting Cards, Antiques School Tutoring Services Tailor/Seamstress/Dressmaking Senior Activity Centers accordance with the . "farm , sta d" and "limited 7.11.6.B). 7.11.7 Design Standards. A. Ground level non - residential uses shall provide large display windows along a minimum of 40% of their horizontal length (black, mirrored, or other opaque surfaces cannot be used). Display windows shall be transparent to the extent that the window allows views into and out of the interior. B. Display windows and doors should be framed /trimmed. K:ILegallSHA RED\LEGAL- DEV.S`JCSTederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 7.11.Markup, YD -DWB, FINAL.doc —538— § 7.1lNeighborhood Mixed -Use (NMU) Development Standards Page 9 of 16 C. At no time shall building windows fronting or within view of a public street be boarded up, except in cases of weather emergency preparation. D. No permanently installed burglar bars shall be visible from any public street. The ground floor nonresidential portion of a Neighborhood Mixed Use building may install fully retractable metal security screening or storm shutters that secure windows and doors when the nonresidential portion of the mixed use building is not open for business and must not be visible during business hours (f=igs. 7.11.7.D). Figures 7.11.7.D. Permitted Security Screening. All buildings with a flat roof should have a decorative cornice at the top of the building; or eaves when the building is designed with a pitched roof. F. • The principal entrance of the Neighborhood Mixed Use building shall be oriented toward the street. G. The nonresidential and residential uses within the same structure shall be permitted to share a common principal entrance within a Neighborhood Mixed Use. H. There shall be no outside display of goods and/or services unless a 10-foot sidewalk width is provided, and any display or service does not encroach upon the required 5 -foot K:1 Lega 11SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARI:UPS112- 01- 11.Sec. 7.11.Markup, YD -DWB, FINAL.doc —539— § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 10 of 16 pedestrian Clear Zone of the sidewalk. .(A Use Privilege Agreement and f e may be required bythe City 7.11.8 Sidewalks. A. Sidewalks must be provided along all Arterial and Collector Streets for all Neighborhood Mixed Use buildings, and constructed in accordance with the American's with Disabilities Act Standards. B. If an existing structure located along an Arterial or Collector Street is being remodeled as a Neighborhood Mixed Use, an accessible sidewalk must be present or constructed along the Arterial and Collector street fronts. C. The sidewalk width must be constructed in accordance with the width dimensions proposed within the City's Urban Transportation Plan for the site, 7.11.9 Access. A. Where access is currently available to a proposed Neighborhood Mixed Use development site the access shall be permitted to remain, provided that the parking location requirements of Section 7.11.10 below are met. B. Drive -in /through facilities shall be prohibited within a Neighborhood Mixed Use development. 7.11.10 Parking A. Parking for a residential mixed -use protect is only permitted in the non- street yard side or rear yard of the mixed use structure. B. Although the Neighborhood Mixed Use building requires direct pedestrian access from the principal entrance to the public sidewalk, acce sible hanclieaepe€i awes and parking area in accordance with the American's with Disabilities Act Standards, may be provided in the rear or non - street yard side of the building. C. On corner lots, parking shall not be allowed in the area extending from the property line to .a line which is parallel to the front facade of the principal structures on the abutting lots not to exceed 25 feet in de th ig, 7.11.10.C). KA Legal lSFIAREDILECAL- DEV,S'VCSTederal Grant Ordinances - Sept 2011 now Oct\I1 -30 -11 MAR_KUPS112- 01- I1,Sec. 7.I1.Markup, YD -DWB, F1NAL.doc —540— § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 11 of 16 Figure 7.11.10.0. 7.11.11 D. There shall be a minimum of two and a maximum of three parking spaces for the non - residential portion of the mixed use building, plus a minimum of one off - street parking space, with a maximum of two off - street parking spaces for the residential portion of the mixed use building. Streetscape Zone A. A full Streetscape Zone shall not be required for a Neighborhood Mixed Use building; however, flower planters or window boxes must be provided to promote an inviting Pedestrian atmosphere (Figs 7.11.11.4 Figures 711.11 ..A K:\Legal \SHARED \LEGAL- DEV.SVCSIFedera! Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11,Scc. 7.11.Markup, YD -DWB, FINAL.doc -541- § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 12 of 16 B. Fencing and Screening. It is the intent of this Ordinance that the non - residential use within the Neighborhood Mixed Use is compatible with the existing and adjacent residential neighborhoods, therefore a solid screening fence shall not be re uired between a residential mixed use buiidin• and adjacent residential structures and districts; however,, vehicular screening shall be provided utilizing one of the following methods for each parking location: 1. Rear Yard. Vehicular screening shall not be required for parking areas located behind the structure, but must be provided along the rear property line where a residential home exists adjacent to the proposed mixed use building_ Screening shall be provided through one of the following methods: a. Dense landscaping shrubs or hedges (minimum 3 gallon container) that shall be maintained to a height of from 5 feet to 6 feet, as measured from the elevation of the vehicular use area b. A solid fence m easuring no less than 5 feet and no greater than 7 feet in height. 2. Non - Street Side Yard. Parking located within the non - street side yard must be screened from the public right- of-way through one or more of the following methods: a. Hedges cminimum 3 gallon containefthat shall be maintained to a height of from 24 to 36 inches as measured from the elevation of the vehicular use area b. A solid decorative wall not less than 3 feet in height, and not exceeding 4 feet in height. 2. Fencing oe�f ani type shall not be permitted along the front property line or along an Arterial or Collector Street; however, decorative iron fences no greater than 5 feet in height and providing 50% or more transparency are acceptable, excluding chain -link fencing. 4. Fencing may not intrude upon, or open onto, any portion of the pedestrian sidewalk. K:1 Lega11 SHAREDILEGAL- D1;`J.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 7.1I.Markup, YD -DWB, PINAL.doe —542— § 7.I1Neighborhood Mixed -Use (NMU) Development Standards Page 13 of 16 C. Awnings are permitted and encouraged in accordance with Section 6.13.1.0. D. Signs. Signs for a neighborhood mixed use shall be permitted and limited to the following options: I. Attached, commercially- prepared painted wall signs not exceeding 32 square feet in area may be mounted on a building wall, only one sign shall be permitted per building wail /facade. All wall signs must be attached flat against the wall of the building. 2. Address signs not exceeding 2 square feet in area. 3. Non- illuminated sandwich board signs orA -frame signs, provided they are not located within the 5 -foot Pedestrian Clear Zone along a sidewalk. 4. Hanging and wall- mounted blade signs not exceeding 4 s uare feet in area rovided that the sins shall not project more than 4 feet from the building or one -third of the sidewalk width, whichever is less. All signs shall meet a minimum vertical clearance of 7 feet. K: ILega1 ISHARED \LEEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 30 -11 MARKUPS112- 01- 11.Sec. 7.11.Marlcup, YD -DWB, FINAL.doc —543— § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 14 of 16 E. Lighting. Lighting provided for the structure shall not be directed at the neighboring residential uses and shall be shielded from spillover. 7.11.12 F. Solid Waste Disposal. All solid waste materials shall be kept in residential waste containers behind the mixed use building. Dumpsters are not permitted onsite. G. Accessory structures onsite are not permitted to be used for commercial purposes. H. Outdoor displays and storage other than vegelidtio ers shall not be permitted onsite. Hours of Operation. Businesses within a rn[xe1 -us m; 1. provide reasonable hours of operation that are'o atib with the neighboring residential uses. Hours of opeof o ar imited to 7:00 a.m. to 9:00 p.m. daily. SECTION 2. That the UDC a d co Christi, Texas, effective Jul changed by this ordina remain in full force an SECTION 3. Th deviation from conform to SECT' ordin p ding Zoning Map of the City of Corpus amended from time to time, except as other ordinances adopted on this date, ent that this amendment to the UDC represents a reKensive Plan, the Comprehensive Plan is amended to as amended by this ordinance. all ordinances or parts of ordinances in conflict with this eby expressly repealed. S N if for any reason any section, paragraph, subdivision, clause, phras_y� word or provision of this ordinance shall be held invalid or uncons itutionai by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, • for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given fu!I force and effect for its purpose. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in Section 1.10.1 andlor Article 10 of the UDC. K :1 Legal 1SHA.REDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct11130 -11 MARKUPS112- 01- 11.Sec. 7.I1.Markup, YD -DWB, FINAL.doc —544— § 7.11Neighborhood Mixed -Use (NMU) Development Standards Page 15 of 16 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. This Ordinance shall take effect upon and after publication of this Ordinance. Signatures on following page. K:1LegalI SHARED \LEGAL- DEV.SVCSWederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUFS112- 01- 11.Sec. 7,11,Maricup, YD -DWB, F!NAL.doc —545— § 7.11Neighborhood Mixed -Use (NMIJ) Development Standards Page 16 of 16 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 20_, by the following vote: Joe Adame David Loeb Chris Adler John E. Marez Larry Efizondo, Sr. Nelda Martinez Kevin Kieschnick Mark Scott Priscilla Leal That the foregoing ordinance was read for the second time a this the day of , 20 , by Joe Adame Chris Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal Sj b am' PASSED AND APP x OV 'tl is the ATTEST At Arman City S er sue, Y APPR ? f ED as to form only: this the day of , 20___. For Carlos Valdez, City Attorney d finally on ng vote: day of , 20^ Joe Adame Mayor By: Deborah Walther Brown Assistant City Attorney K:ILega11SH? REDLLEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oct111 -3041 MARKUPS112- 01- 11.Sec, 7.11.Markup, YD -DWB, FCNAL.doc —546— Ordinance amending the Corpus Christi Unified Development Code by adding a new Section 7.12 entitled, "Adaptive Reuse Development Standards ", relating to the use, regulations and review standards for Adaptive Reuse and redevelopment of existing and historical. structures; Amending conflicting provisions of the City's Comprehensive Plan; Repealing conflicting ordinances; Providing for severance, penalties, publication and an effective date. WHEREAS, the Corpus Christi Comprehensive Plan promotes the rehabilitation of deteriorating housing which will promote better quality living environments and enable older neighborhoods to remain viable; WHEREAS, the Corpus Christi Comprehensive Plan promotes infill development of vacant Tots to improve economic viability through incentives to attract private investors; WHEREAS, the Corpus Christi Comprehensive Plan recognizes that although some City business districts have declined due to decentralization or relocation of business, some still have a strong market potential to compete effectively if renovated or rehabilitated; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, August 3, 2011, during meetings of the Planning Commission, and on Tuesdays, October 11, 2011 and December 13, 2011, during meetings 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; WHEREAS, the City Council has determined that this amendment to the Unified Development Code (UDC), would best serve the general welfare of the City and its citizens by providing a regulatory base for more sustainable communities by ensuring compatibility in development; maintaining consistency and character; and ensuring growth in an orderly and desirable manner that will preserve the public health and safety; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. That the Corpus Christi Unified Development Code is amended by adding a new Section 7.12 entitled "Adaptive Reuse Development Standards" to read as follows: 7.12 Adaptive Reuse Development Standards. 7.12.1 Purpose. The purpose of the Adaptive Reuse Development Standards is to revitalize areas of the City's downtown areas (and any other pre - determined or targeted area) by facilitating the conversion of older, economically distressed, or historically significant buildings consisting of residential or tourist uses mixed with Commercial tie —547— lWLLSe 1JCVu1upuic L 3L411UiLAUS rage c. Ui. 1 residentially mixed use CCrnmeFcial, Professional Office, Civic uses, - - : ' - - - • - w , . including apartments, Live -Work units , multiple- family residences, and tourist -based facilities. This will �he te�reduce vacant space as well as encourage the development of a residential community downtown and other blighted areas of the Cit thus creatin amore balanced ratio between housing and jobs. in the region's primary employment centers. - 7.12.2 Application of Standards. The standards under this Ordinance shall be applied as follows: A. Where a conflict exists between the standards of the underlying zoning district and the Adaptive Reuse development standards, the standards established under the Adaptive Reuse Standards Ordinance shall apply. B. The standards provided under this Ordinance may only be applied to Adaptive Reuse development that is platted, developed, and constructed in accordance with this Ordinance. C. When an adaptive reuse project is approved as an eligible building and proposed within the Uptown - Downtown Mixed Use Special Overlay District, - - - - - - - - - - - - - 50% of any Zoning fees required shall be waived. D. The standards of this Ordinance do not a I to remodelin or reconstruction of a single- family or two- family home, or an addition to a structure for any use when the building is currently in use, but shall be applied in the adaptive re -use of an existing vacant structure for the development of a multiple - family structure, or single- family Live -Work mixed - use structure. E Historical buildings are not required to include residential, uses in an Adaptive Reuse development. 7.12.3 Applicable Zoning Districtsa For the purpose of this Ordinance, the standards of this Ordinance shall apply to proposed adaptive reuse of a vacant building to mixed, residential or mixed tourist use. and located if the. build -ing in the RM -1, RM -2, RM -3, RM -AT, CN -1, CN -2, ON, CR -1, CR -2, CR -3, CG -1, CG -2; CI, CBD, and BP Zoning Districts. Light Industrial (IL) Zoning Districts may be included as an adaptive reuse project under this ®_ rdinance if rezoned to one of the districts listed under this Section. K:1 Legal \S,HAPEDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec, 7.12.Markups.YD -DWB, FINALdoc —548— 3 1.1! ituapuve LWUSG ueveiuprneii4 c?lillluC.1U6 1 ul .bs J V1 1 1 7.1 2.4 Permitted Uses. A. An adaptive reuse project is the conversion and change of use within all or a portion of a vacant eligible building, to include one or more, or any combination of the following new residential uses: 1. Dwelling units (apartments, condos, lofts, single and two-family dwelling units, see Section 7.12.2.D). 2. Joint living and work quarters (Live -Work units mixed with a restricted mix of small Commercial, Professional Office, or Civic uses) in accordance with the development standards of Section 6.14.7. 3. Mixed Uses (as constructed in accordance with Section 6.8 or 7.11, but eligible for the exceptions and provisions under this Ordinance). 4. Guest rooms (in hotels, including a toilet and bathing facilities). 5. Bed and breakfast lodging establishrnents where permitted under a development concept or special overlay district ordinance. a As part of a Traditional Neighborhood or Transit - Oriented development in accordance with Sections 6.9 or 6.18. B. Commercial. Professional Office Civic or Institutional uses may be used in combination with the residential uses stated above when developed as, and in accordance with, the Mixed -Use Development Ordinance Standards of Section 6.8. a Mixed Use Development, in which case the additional Ordinance shall apply. fe • .. • K:1LegalISHARBDILEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Ocf111 -3D -11 MARKUPSI12- 01- 11.Sec. 7.12.Markups.YD -DWB, FINAL.doc -549- r.1.‘ riuetpLiv a n.euse vevelopmenL sranaaras 7.12.5 rage4ot 17 Review Process. An abbreviated version of the review process of a proposed adaptive reuse building under this Ordlinanace is provided in the following flowchart (Fig. 7.12.5), the detailed review process follows the flowchart: K: \LegallS HARED \LEGAL- DEV.SVCS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11,Sac. 7.12.Markups.YD -DWB, FINAL,doc —550— 3 1.1.2, ri(Cl1JUVC Azuse 11GYG1u1J111G11L )LW1Uc11U Figure 7.12.5. Adaptive Reuse Review Process A as•J 'VI A! • K:1 Legal 1SHAREDILEGAL- DEVVSVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30-11 MARKUPS112- 01- 11.Sec. 7.12.Markups.YD -DWB, FINAL.doc -551- e. i2, .aaprive :reuse vevelopmenr Lranaaras rage o ar 11 7.12.6 Eligible Buildings. Eligible buildings are defined as those structures that have been vacant for a period of at least 5 years, and the building was constructed in accordance with building: and zoning codes in effect 5 years prior to the date that an application is made. A Certificate of Occupancy. building permit, utility bill.. or other suitable documentation may be submitted as evidence to verify the date of occupancy. Eligible buildings for adaptive reuse reconstruction shall either be considered a By -Right Use or Discretionary Use, as determined by the following: Occupancy, building permit, or other suitable documentation 1. To be considered as a By- Right. •use. the existing structure may not increase the building footprint greater than 25% of the original square footage of the.. structure being re -used. 2. As a By -Right use. any non - conforming and existing floor area. lot area, lot line setbacks, and heights, are "grandfathered in" and a variance. special permit, or public hearing is n.ot required.. - 1. increase in the building foot rip n of - greater than _25% of tha than 25% of the nal structure: 43. Historical Buildings. Historically significant buildings (i.e. buildings listed on the National Register of Historic Places, Texas Historical Commission, or any focally established register of historic sites or buildings) are always considered eligible buildings under this Ordinance, and adaptive reuse of the historical structure shall be a By- Right/permitted use. Although the historical structure may not require review through a public hearing process, it may require review by the City's Landmark Commission prior to approval. k:1Legal1SHAREDILEGAL- DEV.SVGS \Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPSI12- 01- 11.Sec. 7.12.Markops.YD -DWB, FINAL.doc -552- 1. 1.41hMab�JL�/v a�w wvv c..v.wavA.......... .+...ay....,y..... determined to be an eligible building in the downtown or be redeveloped under the standards of this Ordinance, where the standards of this Ordinance shall apply arc 1 e Comprehensive Plan er an Area Doieleement Plan, _ Council. 4... Structures in the Uptown:- Downtown Special Mixer: Use • Overlay District: A Structure located: within the boundaries shown on the map: provided under the Uptown-Downtown. Special -Mixed Use District Ordinance. (Section. 6.1'1.2, Figure i). • shall be considered, an eligible By -Right building. • B. Discretionary Use. Any other proposed adaptive reuse of a vacant structure in which new floor area or height is proposed to be added that exceeds 25% of the original floor area; .or a change has occurred in the yard setbacks '5 years prior to the date that an application is made, or not classified as an Eligible - Building under Section 7.12.6(N above, may be considered as a Discretionary. Use. In order to be classified • as a Discretionary Use and qualify for the exceptions and .provisions of this Ordinance, the proposed building for reuse must meet the following requirements: "l, The building must have been continuously vacant'for at least 5 years (as evidenced by a valid Certificate of Occupancy); and 2. The Development Services Department ACM or designee must determine that the building is no longer economically viable in its current use. In making this finding, the Development Services Department ACM or designee shall consider the building's past and current vacancy rate, existing and previous uses, and real estate market information, and any adverse relationship with ad'acent uses. K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now opt111 -30 -11 MARKUPS112- 01- 11.Sec. 7.12.Markups.YD -DWB, FINAL.doc -553- 3. The Development Services Department ACM or designee has the following options in reviewing a proposed adaptive reuse as a Discretionary Use: a. Approve the application; b. Approve the application with conditions; c. Deny the application; d. Require the proiect to go through a public noticing period (for which the applicant will be required to pay for the advertisement _feed Fallowing the required noticing and advertisement period, if no opposition to the proiect has been received, the ACM or designee may approve the application administratively. If the proposed development does receive opposition during the noticing period, the applicant shall be required to attend a public hearing before the Planning Commission and City Council for review and approval. 7.12.7 Construction Standards. AFI structures proposed for adaptive: reuse require a Building Permit Application, applicable building permits and inspections, and are required to meet the City's current adopted Building Code. Approved By- -Right and Discretionary Use Adaptive Reuse proiects are entitled to construct the project without having to apply for a variance, special permit, or further participation in a public hearing process if the project is constructed as follows: A. Density. 1. Uptown- Downtown MUS Special Overlay District 4W-target-Areas. There is no limit to the number of apartments, live /work units, or guest rooms permitted in an adaptive reuse proiect, provided that no more. than 25% of the existing floor area is added as new floor area (New floor area shall be defined _and refers to any change in use to an existing eligible building proposed for adaptive reuse, located within the confines of the existing interior portion of the exterior wails and roof). 2. All Other Areas. a. •Existing floor area which exceeds that permitted by the current Zoning District or any other land use regulation shall be permitted, provided no additional floor area is added. b. Where increased density is proposed and does not currently exceed the maximum limits for the Zoning District, the proposed increase in density K;1 Legal 1SHAREDILEGAL- DEV.SVCS\F'ederal Grant Ordinances - Sept 2011 now Oct\11 -30 -11 MARKUPS112- 01- 11.Sec. 7.12.Markups.YD -DWB, FINAL.doc -554- must not exceed the density limits established by the Zoning District for which it is located. B. Minimum Lot Area and Lot Width. • and Downtown area for adaptive rise shall net be limited. 1. The minimum lot area and lot width required shall not - be less than the limits established by the underlying zoning district for which: the proposed development is • located- 2. The minimum lot area and width of a lot and structure proposed: within the Uptown and .Downtown Mixed Use Boundary area for adaptive reuse shall not be limited.. provided any yards reauired for the underlying district are met, where required. C. Height. Existing heights which exceed that permitted by the current Zoning District or any other land use regulation shall be permitted to remain, provided no additional height is added above the maximum heights permitted by the zoning district in which the development is located. D. Yards. Existing observed yards which do not meet the _yards required by�the current Zoning District or any other land use regulation shall be permitted, provided that the proposed floor area of the adaptive reuse does not further encroach into the existing yards. E. Mezzanines. New construction to accommodate loft spaces in an existing story is permitted, provided that the new loft area ma not exceed 33% of the floor area of the room or space on lower floors. New mezzanines constructed of one - third the floor area of the floor below or less shall not be counted as floor area (Figs. 7.12.7.E). Figures 7.12.7.E. Mezzanine Lofts. K:1 LegallSHARED1LEGAL- DEV.SVCS\Federal Grant ordinances - Sept 2011 now Oct 11 -30 -11 MARKUPS112- 01- 11.Sec. 7.12.Markups.YD -DWWB, FINAL.doc —555— S l.14 HUMpLIVe IWLLSC xicvctupuicu. UnrLUUC LUa F. Off Street Parking. 1. New parking spaces shall not be required for an adaptive -reuse project, provided that all existing on -site spaces are maintained and not reduced in the adaptive reuse of the site (unless the proposed use requires Tess parking for the proposed use or by the City's Unified Development Code). The existing parking may be used for any onsite or off -site use (For example, the parking may be reserved exclusively for onsite residential tenants, or it may be utilized for public parking) 2. The adaptive reuse of a structure located Offatthe boundaries of the Uptown- Downto ixediAlse S •ecial Overla District shall not re* de a` . a• -• itional parking. ko • 3. The location and constructio kp king areas for an adaptive reuse project mist t designed and located in accordance withiltwreeterements of Section 6,8.17. 4. Parking may be)dbat°'6 bev'een a pedestrian- oriented street and theprima ' building if the parking area already exists t project proposes to renovate only the ,r of a existing building where adequate parki c1•the se currently exists. Redevelopment of a p ing to r onnection with the adaptive reuse of a c e sly provide the needed parking behind the Buse structure. ercial Parking. The adaptive reuse of a lot for ur•oses of creatin• a commercial or •ublic •arkin ot is permitted, provided that the proposed parking lot is located in compliance with standards .of. Section 6.8.17. a. Exception to Strict Application of - Section 6.8.17. Where it can be proven that a proposed commercial or public parking site is currently and actively being used for commercial or public parking uses, and not located in accordance with the standards of Section 6.8.171 the proposed commercial or public parking use shall be permitted to remain, provided that the total square footage of the • original parking area is not increased and the landscape and vehicular screening requirements of Section 6.8.17 and the Cit 's Landsca in Ordinance are an lied. K:1 Legal \SHAREDILEGAL- DEV,SVCS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 7.12.Markups,YD -DWB, FINAL.doc -556- g 1.1z Haapnve iceuse lieveloprnent atanaaras rage 11oi1. 6. Where off - street surface parking areas are constructed or located behind, under, or above the principal building which screens the parking area from the direct view of the right -of -way, the vehicular screening requirements shall be waived. 7. Vehicular Screening Exceptions. In .order to encourage- infill and adaptive reuse on constrained sites containing no more than 1 acre and bordered by develo ed land alon fihe entire erimeter excludin intervening. public- streets), the following exceptions to the City's Landscaping Ordinance vehicularscieeninq requirements are available to infill and ap se projects occurring within an older /establ'�k -rare a. The Development Services I r a n ACM or designee may waive up to`°„ of he parking r i lot/vehicular screening nq requirements of the City's Landscap' g Odinannce, provided that tree canopy plant d:�` °�,� h4/site perimeter also serves to scree nd ha. a the interior of the parking lot wits Ift,107feA of planting; or b. The Deve pment ervices Department ACM or desi ±nee ive up to 50% of the parking lot/ - "i r screening landscaping requirements if o ec• ative wall or fence of a minimum height `•f >pot than 42 inches is installed along the area •erimeter that also serves to screen e'rking area from public view. Where fencing is utilized, fencing shall not be solid or chain - linked, and must provide a minimum of 50% transparency. c. The vehicular screening exceptions under this Section do not apply to the screening requirements for commercial or public parking lots not associated with the adaptive reuse of a building. Loading Spaces. Where an existing . loading space is provided, the loading space shall be required to remain, but may also be used as additional parking space when deliveries are not scheduled. Adequate signage shall be provided listing the hours of deliveries and designating when . the spaces cannot be used for public or private parking. If no loading spaces exist, then a loading space shall not be required in conjunction with the development of an adaptive reuse project. K;1 LegalISHAREDILEEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 7.12.Markups.YD -DWB, FINAL.doc -557- 7.12 Adaptive Reuse uevetopment 6rannaras A a6G 1G U1 1 H. Access and Driveways. Existing access and driveways shall be permitted to remain, provided that the proposed development site is not located within a City - planned or funded Capitol Improvement Project or Texas Department of Transportation (TXDOT) proposed project area that may re_, quire altering the location of the existing access or drive. 7.12.8 Additional Adaptive Reuse Development Requirements. A. Open Space. An adaptive reuse project must provide open space equaling a minimum of 10%. of the combined floor area of all residential or tourist lodging units. The open space requirement can be met through, but is not limited to, the following methods: 1. The square footage of common plazas and courtyards, swimming pools, or recreational amenities provided onsite may be counted towards the open space requirement on the site (Figs. 7.12.8A1). Fi • ures 7.12.8.A.1 . Cou ards & Ada .tive Reuse with Cou ard. K:I Legal \SHAREDILEGAL- DEV.SVCS\Federal Grant Ordinances - Sept 2011 now Oc#111 -30 -11 MARKUFS112- 01- 11.8ec. 7.12.Markups.YD -DWB, FINALdoc —558— The Development Services Department ACM or their designee may approve a reduction in the amount of open space required for the residential component of an adaptive reuse building when it finds that all reasonable attempts to fulfill the requirements have been exhausted and the o•en s ' ace is not able to be accommodated due to the urban infill characteristic of the development site. 3. The adaptive reuse of a historical structure for ur oses other than residential uses shall be exempt from the open space requirement. B. Building Orientation and Design Standards. 1. When an adaptive reuse proiect includes the alteration, reconstruction or remodeling of the exterior walls or facades of a building, the building orientation and design standards of Section 6.8.13 and 6.8.14 shall apply to the greatest extent possible. Deviation from the strict application of one or more of the orientation and design standards may be considered and approved by the Development Services.ACM or designee when it is determined that strict application of the standard(s) would not be feasible. 2. Historical Structures. Strict application of the building orientation and design standards shall not be required in the adaptive reuse of historical structures; however, the renovation and remodeling of a historical structure must not destroy or obscure essential architectural features, and to the greatest extent possible, enhance the architectural features of the structure. C. Sidewalks and Streetscape Zones. The applicant of the adaptive reuse project shall have the option of providing either a Streetscape Zone in accordance: with the standards - of Section 6.13: or Provide the landscaping requirements of the Cry's Landscaping Ordinanace. K:1 Legat ;SHARE©ILEGAL- DEV.SVCS\Fadsral Grant Ordinances - Sept 2011 now Oct;11 -30 -11 MARKUPS112- 01- 11,Sec. 7.12.141arkups.YD -DWB, FINAL.doc -559- 2. Sidewalks shall be provided for all adaptive reuse projects that are located adjacent to an Arterial or Collector Street, and constructed in accordance with the Americans with Disabilities Act construction standards, and the sidewalk widths proposed under the Urban Transportation Plan. 2., Where the interior renovation and adaptive reuse of an existing building is situated on an existing sidewalk that does not meet the minimum 10 foot width .re • uirement the minimum sidewalk width and Streetscape Zone width may be reduced to the actual width of the existing sidewalk, but must not be Tess than 5 feet in width,. unless the proposed project is located within a City planned streetscape design area, in which case the requirements of the planned streetscape design shall be required. Figures 7.12.8.C.3. D. Fencinq. 1. Prominent facades on street - facing units may not be concealed behind high wails, solid fencing, or privacy fences that provide less than 50% transparency, forward of the front facade of the building. 2. Residential units consisting of courtyards and entrances located rearward of the "build -to" line may not be concealed behind high walls, solid fencing, or privacy fences that provide less than 50% transparency (Figs. 7.12.8.D.2) K:1 Legal \SHAREDILEGAL- DEV.SVCSIFederal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS112- 01- 11.Sec. 7.12.Markups.YD -DWB, FIMAL.doc —560— /• 41YVAW 1.1.01., 10V1, V!LJJJ111%.4LL1-11C1A1Ui1rJS Figures 7.12.8.D.2. Page 15 of 17 3. Lower solid fencing, solid landscaping, and walls not exceeding 4 feet in height, or decorative iron fences no greater than 7 feet in height are acceptable. E. Adaptive reuse development must also comply with the following additional standards listed under the following Sections: 6.8.19 Servicing and Solid Waste Collection. 6.8.21 Accessory Structures. 6.13.1(D) Awnings. SECTION 2, That the UDC and corresponding Zoning Map of the City of Corpus Christi, Texas, effective July 1, 2011, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3.. 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 4. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 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. KA Legal ISHAREDILEGAL- DEVSVCS1Federal Grant Ordinances - Sept 2011 now Oct111 -30 -11 MARKUPS\12- 01- 11.Sec. 7.12.Markups.YD -DINB, FINAL.doc —561— 417f1VOt • 11:45 A.M. - Proclamation declaring December 10th' 11th 17th and l8th, 2011 as "36 Anniversary Season Nutcracker Ballet Days" Proclamation declaring January 6, 2012 as "FIRST FRIDAY Prayer Service Day" invitation to 23rd Annual Feast of Sharing Commendation for Assistant City Manager Juan Perales, Jr., P.B. in gratitude for 20 years of dedicated service, presented by City Manager Ron Olson AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CiTY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 13, 2011 12:00 P.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 4:00 p.m., or the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- esparrol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe Adame to call the meeting to order. B. invocation to be given by Pastor Scott Higginbotham, Lexington Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem John Marez Council Members: Chris N. Adler City Manager Ronald L Olson Larry Elizondo, Sr. City Attorney Carlos Valdez Kevin Kieschnick City Secretary Armando Chapa Priscilla Leal David Loeb Nelda Martinez Mark Scott Agenda Regular Council Meeting December 13, 2011 Page 2 E. MINUTES: 1. Approval of Regular Meeting of December 6, 2011. (Attachment #1 F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Advisory C ommittee on Community Pride * Corpus Christi Aquifer Storage and Recovery Conservation District * Corpus Christi Regional Economic Development Corporation * Electrical Advisory Committee * Marina Advisory Committee * Watershore and Beach Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion, have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration.) Agenda Regular Council Meeting December 13, 2011 Page 3 3. Lease purchase of pumper truck for Fire Department Motion approving the lease purchase of one (1) Pierce rescue pumper from Siddons Fire Apparatus, Inc., of Manor, Texas in the amount of $425,000 of which $7,589.57 is required for FY 2011 -2012. The award is based on the cooperative purchasing agreement with the Texas Local Government Cooperative. The rescue pumper will be used by the Fire Rescue Division of the Fire Department. Funds for the lease purchase of the rescue pumper will be provided through the City's lease /financing program. (Attachment # 3) Lease purchase of curbside refuse containers Motion approving the lease purchase of 6,500 95/96- gallon curbside refuse containers from Toter Incorporated of Statesville, North Carolina for the total amount of $293,800, of which $31,479.72 is required for FY 2011 -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 collection program. Funds for the lease purchase of the curbside collection containers will be provided through the City's lease /purchase financing program. (Attachment # 4) 5. Award of a supply agreement: Cold Mix -Cold Laid Asphalt and Pre - Coated Aggregate for use by Street and Utility Departments Motion approving a supply agreement with Martin Marietta Materials, of San Antonio, Texas for approximately 4,000 tons of cold mix -cold laid asphalt and approximately 1,000 tons of pre - coated aggregate, in accordance with Bid Invitation No. BI- 0018 -12 based on lowest responsible bid for an estimated semi- annual expenditure of $287,000. The term of the contract will be for six months with an option to extend for up to five additional six month periods, subject to the approval for the supplier and the City Manager or designee. Fund s are available in the Material Inventory Fund. (Attachment # 5) Agenda Regular Council Meeting December 13, 2011 Page 4 6. Repair of Raw Water Pump #3 -Pump Station #1 located at 13741 Smith Drive Motion approving a repair work order with Smith Pump Company, Inc., of McAllen, Texas . for the removal, repair, installation and start up of Raw Water Pump #3 located at Pump Station #1, based on sole source in the amount of $75,058. Funds are budgeted in the Water Department Fund in FY 2011- 2012. (Attachment # 6) 7. Lease of a motor grader for beach and beach roadway maintenance Motion approving a supply agreement with Doggett Machinery, of Corpus Christi, Texas for the lease of a motor grader in accordance with Bid Invitation No. B1- 0029 -12, based on lowest responsible bid, for an estimated twenty -seven month expenditure of $184,005, of which $40,890 is budgeted for FY 2011 -2012. The term of the agreement shall be for nine months (February - October) for three consecutive years beginning in 2012. Funding is budgeted and available in the Parks and Recreation FY 2011 -2012 adopted budget. (Attachment # 7) 8. Service agreement for local and long distance services Motion approving a service agreement with Tel West Network Services, of Austin, Texas for local and long distance telephone service, in accordance with Bid Invitation No. 81- 0092 -11, based on lowest responsible bid; for an estimated three -year expenditure of $394,108.92, of which $76,632.29 is required and budgeted for the remainder of FY 2011 -2012. The term of the service agreement will be for three years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or designee. Funds are budgeted in the Municipal Information System Fund for the remainder of FY 2011 -2012 and will be requested in future fiscal years. (Attachment # 8) 9. Service agreement for utility worksite restoration services Motion approving service agreements with the following companies for the following amounts, in accordance with Bid Invitation No. 81- 0195 -11., based on lowest responsible bids for an estimated annual expenditure of $139,932.90, of which $81,627.53 is required for FY 2011- 2012. The term of the Agenda Regular Council Meeting December 13, 2011 Page 5 contracts will be for twelve months with options to extend the agreements for up to two additional twelve month periods subject to the approval of the contractors and the City Manager or designee. Funds have been budgeted by the Water Department in FY 2011 -2012. (Attachment # 9) Dorome General Repair Corpus Christi, Tx Primary Contractor $54,167.40 Pang Construction Corpus Christi, Tx Secondary Contractor $49,338.63 Abel's Paving & Construction Inc. Corpus Christi, Tx Tertiary Contractor $36,426.87 Grand Total: $139,932.90 10. Approval of purchase and installation of new park equipment for Lamar Park a. Ordinance appropriating $22,700.21 in community contributions in the No. 4720 Community Enrichment Fund for improvements, and other related projects. (Attachment # 10) b. Motion approving the purchase and installation of a play structure from The PlayWell Group of Dallas, Texas, based on the cooperative purchasing agreement with the Texas Local Government Cooperative, in the amount of $65,408:67. The purchase is for new park equipment for Lamar Park. Funding is budgeted and available in the Parks & Recreation 2010 General Obligation (Bond 2008) CIP Fund and the Community Enrichment Fund. (Attachment # 10) 11. Acceptance of State grant funds for Homeland Security Projects a. Resolution authorizing the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $62,259 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 11) b. Ordinance appropriating $62,259 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Agenda Regular Council Meeting December 13, 2011 Page 6 Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out homeland security projects that will significantly improve local and regional terrorism prevention, preparedness, response and recovery capabilities. (Attachment # 11) 12. Acceptance of State grant funds for State Homeland Security Terrorism Prevention Activities a. Resolution authorizing . the City Manager or designee to execute the 2011 Sub - Recipient Agreement (SRA) and all related documents in the amount of $59,643 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), Law Enforcement Terrorism Prevention Activity (LETPA); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 12) b. Ordinance appropriating $59,643 from the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), State Homeland Security Program (SHSP), into the No. 1062 Fire Grants Fund to carry out law enforcement terrorism prevention and protection- oriented activities (LETPA) such as planning, organization, training, exercises and purchase needed equipment. (Attachment # 12) 13. Acceptance of State grant funds for Homeland Security Medical Response Programs a. Resolution authorizing the City Manager or designee to execute the 2011 Sub- Recipient Agreement (SRA) and all related documents in the amount of $267,608.35 with the Texas Department of Public Safety/Texas Homeland Security State Administrative Agency (TXHLS -SAA) for FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System (MMRS); and authorizing the City Manager or designee to accept, reject, alter or terminate the grant. (Attachment # 13) Agenda Regular Council Meeting December 13, 2011 Page 7 b. Ordinance appropriating $267,608.35 from the Texas Department of Public SafetylTexas Homeland Security State Administrative Agency (TXHLS -SAA), FY 2011 Homeland Security Grant Program (HSGP), Metropolitan Medical Response System Program (MMRS), into the No. 1062 Fire Grants Fund to support the integration of emergency management, health and medical systems into a coordinated response to mass casualty incidents caused by any hazard and purchase medical equipment. (Attachment # 13) 14. Acceptance of grant to develop a pipeline safety awareness program administered by the Gas Department a. Resolution authorizing the City Manager or designee to accept a grant in the amount of .$49,990 from the United States Department of Transportation to enhance education, emergency response, and community awareness associated with pipeline safety issues and to execute all related documents; and ratifying acceptance of the grant to be effective September 29, 2011. (Attachment # 14) b. Ordinance appropriating a grant in the amount of $49,990 from the United States Department of Transportation in the No. 1053, Gas Grants Fund to enhance education, emergency response and community awareness associated with pipeline safety issues. (Attachment # 14) 15. Acceptance of State grant funds for the Women, Infants and Children (WIC) program a. Resolution authorizing the City Manager or designee to accept a grant of $440,354 from the Texas Department of State Health Services to provide for the Women, Infants and Children (WIC) Program, based on a.$12.34 reimbursement for each participant served, and to execute all related documents; and ratifying acceptance of the grant to begin as of October 1, 2011. (Attachment # 15) b. Ordinance appropriating a grant of $440,354 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants and Children Program, based on a $12.34 reimbursement for each participant served. (Attachment # 15) Agenda Regular Council Meeting December 13, 2011 Page 8 16. Acceptance of State grant funds for development and implementation of a wetland restoration plan for Oso Bay Learning Center and Wetland Preserve, in conjunction with Coastal Bend Bays Foundation a. Resolution authorizing the City Manager or designee to accept a grant from the Texas General Land Office Coastal Management Program in the amount of $100,000 for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve, with a City match of $47,000 and a $20,000 cash match from the Coastal Bend Bays and Estuaries Program, Inc. and a total project cost of $167,000. (Attachment # 16) b. Ordinance appropriating $100,000 from the Texas General Land Office Coastal Management Program and $20,000 from the Coastal Bend Bays and Estuaries Program, Inc., in the No. 1067 Parks and Recreation Grants Fund for the development and implementation of a wetland restoration plan for the Oso Bay Learning Center and Wetland Preserve. (Attachment # 16) c. Motion authorizing the City Manager or designee to execute an agreement with the Coastal Bend Bays and Estuaries Program, Inc. for a $20,000 cash match for the Texas General Land Office Coastal Management Program. (Attachment # 16) 17. Acceptance of a grant for the One Away Advocacy Campaign from the National Council on Aging (NCOA) a. Motion authorizing the City Manager or designee to execute an agreement with the National Council on Aging for funding in the amount of $20,000 for the One Away Advocacy Campaign. The contract period will be May 23, 2011 through December 31, 2011. (Attachment # 17) b. Ordinance appropriating a $20,000 grant from the National Council on Aging in the No. 1067 Parks and Recreation Grants Fund for the Elder Voices video footage project. (Attachment # 17) Agenda Regular Council Meeting December 13, 2011 Page 9 18. Approval of the resale of foreclosed properties to collect delinquent ad valorem taxes Ordinance authorizing the resale of four (4) properties for minimum acceptable sales prices as follows, of which the City will receive $13,036.10, plus $3,719.35 for partial payment of City paving and demolition liens: (1) 402 Robert Drive; Lot 5, Block 1, Alameda Estates No. 3, in the amount of $12,000; (2) 5018 Cynthia Drive; Lot 34, Hilltop Village, in the amount of $1,000; (3) 7206 Eastphal Court; Lot 2, Block 3, Court of St. James Unit 2, in the amount of $53,875; and (4) 3626 Eastern; Lot 12, Airport Park Addition No. 2, in the amount of $2,000. (Attachment # 18) 19. Amendments to City Investment Policy Resolution approving amendments to the City Investment Policy to incorporate legislative changes made in 2011 to the Public Funds Investment Act; and approving the investment policy as amended. (Attachment # 19) 20, Ratification of City Debt Management Policy Resolution affirming the Debt Management Policy for the City of Corpus Christi. (Attachment # 20) 21. Temporary Infrastructure Deferment Agreement with Baker Hughes Oilfield Operations, Inc. Motion authorizing the City Manager to execute a Deferment Agreement with Baker Hughes Oilfield Operations, Inc. (Developer), in the amount of $367,153.93 for public improvements including construction of water, wastewater and storm water improvements for the Deaton Baker Subdivision, Block 1, Lot 1 located on State Highway 44, west of South Clarkwood Road and east of County Road 57, in accordance with the Unified Development Code, Section 8.1.10, Requirements for Plat Recordation Prior to Final Acceptance of Infrastructure Based on Financial Security. (Attachment # 21) Agenda Regular Council Meeting December 13, 2011 Page 10 22. Award of contract for certain construction connected with Homeland Security protection Motion authorizing the City Manager or designee to execute a Job Order Contract with Barcom Commercial, Inc., of Corpus Christi, Texas in the amount of $61,906.54 for certain construction connected with Homeland Security protection. (Attachment # 22) 23. Award of contract for Turtle Cove Park /Jester Drainage Improvements Motion authorizing the City Manager or designee to execute a construction contract with H2O Construction, of Harlingen, Texas in the amount of $555,197 for the Turtle Cove Park/Jester Drainage Improvements for the Base Bid. (Attachment # 23) 24. Ordinance to appropriate street construction funds: Aquarius Street Second Reading Ordinance — Appropriating and approving the transfer of funds in the amount of $950,000 from the Unreserved Fund Balance in the No. 1020 General Fund for the prior and current expenditures including construction of the Aquarius Street project from Dasmarinas to Commodores into and appropriating in the Street Capital Improvement Fund No. 3530; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing appropriations by $950,000 in the No. 1020 General Fund. (First Reading 12/6/11) (Attachment # 24) 25. Transferring $270,000 from Hotel Occupancy Tax Fund to General Fund for beach maintenance Second Reading Ordinance — Authorizing the transfer of $270,000 from the Hotel Occupancy Tax Fund No. 1030 to and appropriating in the General Fund No. 1020 for beach maintenance; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase both revenues and expenditures in the General Fund by $270,000 each. (First Reading 12/6/11) (Attachment # 25) Agenda Regular Council Meeting December 13, 2011 Page 11 26. Appropriation of Community Enrichment funds for park improvements Second Reading Ordinance - Appropriating $120,090.66 in developer contributions and $553.65 in interest earnings for a sum of $120,644.31 in the No. 4720 Community Enrichment Fund for park . improvements and other related projects. (First Reading 12/6/11) (Attachment # 26) 27. Appropriation of funds to _partially reimburse the developer of Tortuga Dune Subdivision from the Sanitary Sewer Trust Fund for Zahn Road Master Plan Lift Station Second Reading Ordinance — Appropriating $650,000 from the Sanitary Sewer Trunk System Trust Fund No. 540450- 21800- 4220 to pay the Preserve at Mustang Island, LLC, for the construction and installation of a master plan lift station with 8- foot diameter wet well, 8,376- linear feet of a 4 -inch and 6 -inch PVC dual force main, and related appurtenances, Located east of State Highway 361, south of Zahn Road. (First Reading 12/6/11) (Attachment # 27) 28. Approval of Use Privilege Agreement to use portion of. City sidewalk as an outdoor seating space for Aria Sky Terrace Second Reading Ordinance - Authorizing the City Manager or designee to execute a Use Privilege Agreement with Pietsch Realty Investments, LLC, (Owner and Permittee), granting and conveying a use privilege of a 4' x 20' section (80- square foot portion) of public City sidewalk right -of -way as an outdoor seating space, in consideration of $560, a one -time use privilege fee; subject to compliance with the specified conditions. (First Reading 12/6/11) (Attachment # 28) 29. Code amendment for placement of microchips in impounded animals Second Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Section 6 -103, entitled "Impoundment," to require an animal released from impoundment to have a microchip and provide for payment of the device; providing for penalties; providing for an effective date; and providing for publication. (First Reading 12/6/11) (Attachment # 29) Agenda Regular Council Meeting December 13, 2011 Page 12 30. Code amendment authorizing an interlibrary loan service fee of $2.75 to offset reduction in grant funds Second Reading Ordinance - Amending Section 2 -79 of the Code of Ordinances by authorizing an interlibrary loan service fee; providing an effective date; and providing for publication. (First Reading 12/6/11) (Attachment # 30) EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. * Executive session pursuant to Sections 551.071 and 551.072 of the Texas Government Code for legal advice on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Open Meetings Act and deliberations regarding the value or lease of real property, 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. J. PUBLIC HEARINGS: 31. PUBLIC HEARING AND SECOND READING OF SUSTAINABILITY ORDINANCES: Development Concept and Special Overlay Zoning Districts a. Motion to amend : prior to second reading the ordinance amending the Unified Development Code by adding a new Agenda Regular Council Meeting December 13, 2011 Page 13 Sec. 6.6. as in accordance with the proposed changes noted at Attachments A. and B. of the. "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) b. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.6. entitled, "Development Concept and Special Overlay Zoning Districts ", relating to the establishment and use of specific development concept overlays and special overlay zoning districts; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Clustered Development Overlay Zoning District c. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.7. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011 ", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) d. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.7. entitled, "Clustered Development Overlay Zoning District ", relating to the use, regulations, and review standards for clustered development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Mixed -Use Overlay District e. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.8. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011 ", and as Agenda Regular Council Meeting December 13, 2011 Page 14 incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) f. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.8. entitled, "Mix Use Overlay District ", relating to the use, regulations, and review standards for mixed use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Uptown - Downtown Mixed- UsejMUS) Special Overlay District g. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) h. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.11. entitled, "Uptown - Downtown Mixed -Use (MUS) Special Overlay District ", relating to the establishment of a mixed - use special overlay district promoting mixed -use development within the uptown and downtown areas of the City; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading —10/11 /11) (Attachment # 31) Target Area Redevelopment Special Overlay District i. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.12. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) Agenda Regular Council Meeting December 13, 2011 Page 15 J• Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.12. entitled, "Target Area Redevelopment Special (TARS) Overlay District ", relating to the use, regulations, and review standards promoting infill and redevelopment of designated targeted areas within the City limits; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 190/11/11) (Attachment # 31) Streetscape Zone Standards k. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.13. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) I. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by, adding a new Section 6.13. entitled, "Streetscape Zone Standards ", relating to the use, regulations and review standards for creation of streetscape zones; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Alternative Housing Options m. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 6.14. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) n. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 6.14. entitled, "Alternative Housing Options ", relating to the use, regulations and review standards for alternative housing Agenda Regular Council Meeting December 13, 2011 Page 16 options; amending conflicting .provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Neighborhood Mixed -Use (NMU) Development Standards o. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding 'a new Sec. 7.11. as in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) p. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.11. entitled, "Neighborhood Mixed -Use (NMU) Development Standards ", relating to the use, regulations and review standards for residential mixed -use development; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Adaptive Reuse Development Standards q. Motion to amend prior to second reading the ordinance amending the Unified Development Code by adding a new Sec. 7.12. as- in accordance with the proposed changes noted at Attachments A. and B. of the "Agenda Memorandum for the City Council Meeting of December 13, 2011", and as incorporated within the proposed ordinances provided to Council for consideration prior to second reading. (Attachment # 31) r. Second Reading Ordinance - Amending the Corpus Christi Unified Development Code by adding a new Section 7.12. entitled, "Adaptive Reuse Development Standards ", relating to the use, regulations and review standards for Adaptive Reuse and redevelopment of existing and historical structures; amending conflicting provisions of the City's Comprehensive Plan; repealing conflicting ordinances; providing for penalties, publication and an effective date. (First Reading — 10/11/11) (Attachment # 31) Agenda Regular Council Meeting December 13, 2011 Page 17 K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 32. Designating a Redistricting Plan and setting a public hearing date (To be considered at approximately 12:15 p.m.) a. Presentation, discussion and possible action to designate draft Redistricting Plan for the City of Corpus Christi as an Illustrative Plan to be proposed for public consideration and comment. (Attachment # 32) b. Resolution designating a Redistricting Illustrative Plan for public hearing and establishing a public hearing date. (Attachment # 32) 33. Approval . of Master Implementation and Phasing Contract: Destination Bayfront (To be considered at approximately 1:30 p.m.) Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates, of San Francisco, California in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. (Attachment # 33) 34. Appointment of Fire Chief Motion confirming the City Manager's appointment of Robert Rocha as Fire Chief. (Attachment # 34) 35. Approval to amend an existing contract to purchase automated agenda management system a. Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing. the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900. (Attachment # 35) b. Motion authorizing the City Manager or designee to execute a First Amendment to the Professional Services Agreement between Granicus, Inc. and the City of Corpus Christi for an Agenda Regular Council Meeting December 13, 2011 Page 18 automated agenda management system for a term of twelve months with three one -year automatic renewals, subject to annual appropriation of funds. (Attachment # 35) 36. Approval of Professional Services Contract for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. (Attachment # 36) 37. Award of Contract for Aviation Business Consultant Services Motion to authorize the City Manager or designee to execute a contract with Trillion Av, L.L.C., for Aviation Business Consultant Services with effective date of November 8, 2011, with term of one year with options to extend for up to four additional one - year terms, with first year fee not to exceed $90,000 based on statement of work. (Attachment # 37) L. FIRST READING ORDINANCES: 38. Appropriation of funds for unclaimed monies from the Police Property Room First Reading Ordinance - Appropriating $15,628.25 from abandoned /unclaimed monies from the Police Property Room, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each. (Attachment #38) 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: 39. Approval of an interlocal cooperation agreement with the City of Portland for disposal of household hazardous waste Resolution approving an Interlocal Cooperation Agreement with the City of Portland for the disposal of household hazardous Agenda Regular Council Meeting December 13, 2011 Page 19 waste at the J.C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one -year renewal periods; and authorizing execution of the agreement by the City Manager or designee. (Attachment # 39) 40. Construction contract for Staples Street Phase 1 and 2 from Saratoga to Williams a. Motion authorizing the City Manager or designee to execute a Construction contract with Bay, Ltd., of Corpus Christi, Texas in the amount of $15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6 and 7.(BOND ISSUE 2008) (Attachment # 40) b. Motion authorizing the City Manager or designee to execute a Professional Engineering Materials Inspection and Testing Contract with Rock Engineering and Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $177,441 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) (Attachment # 40) c. Motion authorizing the City Manager or designee to execute a Construction Management/Inspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas in an amount not to exceed $296,865 for Staples Street Phase 1 and 2 from Saratoga to Williams. (BOND ISSUE 2008) (Attachment # 40) FUTURE PUBLIC HEARINGS: 41. Zoning change for property located at 3813 County Road 69 from commercial to residential. Zoning Case No. 1011 -02, Mostaghasi Investment Trust: A change of zoning from the 'CN -1" Neighborhood Commercial District to the "RS -6" Single- family 6 District, resulting in a change of future land use from a commercial use to a low density residential use. The property to be rezoned is 7.297 acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (F.M. 624) and west of County Road 69. (Attachment # 41) Agenda Regular Council Meeting December 13, 2011 Page 20 42. Zoning change for property located at 10355 UP River Road without a change of future land use. Zoning Case No. 1011 -03, Elbas Land Development, Ltd.: A change of zoning from the "RS -6" Single- family 6 District to the "RS -4.5 Single- family 4.5 District without a change of future land use. The property to be rezoned is Assessors Map 138 -A, Block 138 -A, 8.51 acres of Lot 1 and Assessors Map 138 -A, Block 138 -A, 9.24 acres out of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. (Attachment # 42) UPDATES TO CITY COUNCIL: 43. Regional Water Planning Process (Attachment # 43) 44. Backflow Prevention Program (Attachment # 44) 45. Status Report on Crossing Guards Program (Attachment # 45) 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 Agenda Regular Council Meeting December 13, 2011 Page 21 DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 0. CITY MANAGER'S COMMENTS: * Update on City Operations P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at it 15 p.m., on December 8, 2011. 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. 32 DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 12/5/2011 Ronald L. Olson, City Manager FROM: Armando Chapa, City Secretary armandoccctexas.com 826 -3105 CAPTION: Designating a Redistricting Plan and Setting a Public Hearing Date a. Presentation, discussion, and possible action to designate Draft Redistricting Plan for the City of Corpus Christi as an Illustrative Plan to be proposed for public consideration and comment. b. Resolution Designating a Redistricting Illustrative Plan for Public Hearing and Establishing a Public Hearing Date to receive comments from members of the public. BACKGROUND AND FINDINGS: On September 14, 2011, the council approved a contract with Bickerstaff Heath Delgado Acosta, LLP for redistricting services. On November 8, 2011, the Firm provided information on the initial assessment of the Single Member District Population Deviations and the council approved the criteria for use in the Redistricting 2011 process and established guidelines for persons submitting comments and specific redistricting proposals. The Firm has developed a Draft Plan for council consideration as the Illustrative Plan for public consideration and comment. Attached are the population tables and maps under the proposed redistricting plan. The consultant is recommending the following precinct adjustments based on 2010 census data: District 1 Remove Voting Precincts 61 and 77. Add Voting Precincts 1, 21 and 33. District 2 Remove Voting Precincts 1, 21, and 33. Add Voting Precincts 5, 61, 77, 86 and 89. District 3 Remove Voting Precinct 89. Add Voting Precinct 112 and a portion of Precinct 16 *). District 4 Remove Voting Precincts 5 and 86. Add Voting Precinct 8. District 5 Remove Voting Precincts 8, 16 and 112. (*A small portion of Precinct 16 contiguous to District 3 will be incorporated with Precinct 114) Since the Justice Department requires that the City demonstrate solicitation of public response to the Redistricting Plan, a public hearing is tentatively scheduled, pending council approval for January 5, 2012. ALTERNATIVES: N/A —565— OTHER CONSIDERATIONS: NIA CONFORMITY TO CITY POLICY: N/A DEPARTMENTAL CLEARANCES: Legal Department 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: Approval of Item as presented. LIST OF SUPPORTING DOCUMENTS: Population Tables Map Resolution Approvals: Carlos Valdez, City Attorney —567— 11/28/2011 City of Corpus Christi Draft Plan A Summary 2010 Census Total and Voting Age Population District Persons Deviation Hispanic % of Total Population Non - Hispanic Angio % of Total Population Non - Hispanic Black % of Total Population Non- Hispanic Asian % of Total Population Non - Hispanic Other % of Total Population 1 59,530 - 2.17% 64.53% 29.67% 4.35% 0A4% 1.01% 2 58,789 - 3.38% 75.04% 20.89% 2.69% 0.43% 0.94% 3 61,009 0.26% 77.16% 15.40% 5.72% 0.74% 0.98% 4 63,071 3.65% 33.70% 56.20% 2.93% 2.88% 2.31% 5 61,843 1.64% 60.28% 40.18% 3.86% 4.21% 1.47% Totals 304,242 59.81% . 33.16% 3.91% 1.77% 1.35% Ideal Size = 304,242 t 5 = 60,848 per district. Total Maximum Deviation = 3.65% - (- 3.38 %) = 7.04% Some percentages may be subject to rounding error. District Total VAP* Hispania % of Total VAP Non- Hispanic Anglo % of Total VAP Non - Hispanic Black % of Total VAP ^ Non - Hispanic Asian % of Total VAP Non - Hispanic Other% of Total VAP 1 43,357 60.58% 33.33% 4.61% 0.51% 0.98% 2 43,146 71.65% 24.14% 2.84% 0.50% 0.87% 3 44,010 74.27% 18.18% 5.82% 0.86% 0.86% 4 49,053 29.83% 62.20% 2.87% 3.14% 1.98% r 5 46,017 46.99% 43.75% 3.92% 4.13% 1.20% Totals 225,583 55.91% 37.02% 3.99% 1.89% 1.20% *Voting Age Population Some percentages may be subject to rounding error. 11/28/2011 City of Corpus Christi Draft Plan A Detailed 2010 Census Total and Voting Age Population ,. rte.. „r. .„u e,,,. .a,.n..,<-.,+ ..�,..�:,•,,c-�.w..,w.w_...ao. ,, .....,,,,,,,,,,��,.-_-... x"'-- w,...� IS of TWA %ofTotal %vends] District Persons Ideal Size Deviation Hispanic Hfapa do Anglo Anglo Black stick PopuWlen Pop 1 k'n Papulation A1netican Indian X of Total American %of Tota[ Indian Asian Asian Pepulation PopukSian Hawaiian- Hawaiian Pacific Paer7,e islander 1am+aer Population %of Tata! TWo or %af 7etal Other Other Two or More Populatan More Population 1 59,530 60,848 -2.17% 2 56,789 60,848 -3.38% 3 4 5 61,009 60848 0.26% 63,071 60,848 3.6554 61,843 60,848 1.64% Totals 304,242 38,417 64.53% 17,660 44,116 75.04% 12,283 47,075 77.16% 9,396 21,252 33.70% 36,705 31,095 50.2854 24,849 181,955 59.81% 100,893 29.67% 20.89% 15.40% 56.20% 2,588 1,583 3,492 1,847 4.35% 2.69% 5.72% 2.93% 40.18% 33,16% 2,366 11,896 3.66% 3.91% 135 129 129 266 133 792 0.23% 0.22% 0.21% 0.42% 263 255 451 1,617 0.44% 0.43% 14 19 27 78 66 0.02% 74 0.12% 381 0.64% 0.74% 2,86% 0.22% 026°% 2,602 5,388 42196 1.77°% 204 0.03% 0.04% 92 68 0.16% 312 0.53% 0.11% 372 0.61% 0.12% 80 0.10% 0.11% 0.07% 73 367 0.12% 0.12% 1,053 639 2,757 1.67% 1.03% 0.91% ideal Size = 304,24216 = 60,848 per district Some percenta9eo may be subject to rerun error. District Total VAP" Hispanic VAP %errata! Hlspentc VAP Anglo VAP %o&Total Anglo VAP Black VAP %el Tota Black VAP American Indian VAP %ofTotal Ann Indian VAP • Asian VAP X of Total Asian VAP 1 43,357 2 43,146 26,265 60.58% 14,450 30,914 71.65% 10,415 33.33% 24.14% 1,999 1,225 4.61% 2.84% 115 94 0.27% 0.22% 20 215 0.51% 0.50% Hawaiian - Pacific Islander VAP 10 18 %of Total Bowaiian- Pecik Islander VAP Other VAP %m'Total Other VAP 'Oro or Blore VAP %of Teti Two or More VAP 0.029 0.04% 51 73 0.12% 0.17% 250 192 0.58% 0.45% 3 44 010 32,685 74.2796 8,003 18.18% 2,563 5.82% 106 0.24% 379 0.86% 20 0,05% 48 0.11% 205 0.47% .4 49,053 14,631 29.6354 30,512 62.20% 1,407 2.87% 219 0.45% 1,541 3.14% 62 0.13% 52 0.11% 5 46,017 Totals 225,583 21,625 46.99% 20,134 126,120 55.9196 83,514 43.75% 1,603 3.92% 99 0.22% 1,901 4.13% 43 0.09% 41 0.09% 636 371 1.30% 0.81% 37.02°% 8,997 3.99% 833 0.28% 4,256 1.89°% 153 0.07°% 265 0.12% 1,654 0.73°% `Voting Age Population Some percentage, may be subject to rounding error. City of Corpus Christi Draft Plan A Iation and 2011 Registered Voters - Spanish Surname Registered Voters District Total VAP All Registered Voters SSRV Percent SSRV 1 43,357 28,622 14,622 51.09% 2 43,146 30,020 19,435 64.74% 3 44,010 30,580 20,545 67.18% 4 49,053 35,688 8,158 22.86% 5 46,017 32,434 12,236 37.73% 11/29/2011 -570- e �y. 2 2� ,2� �� -- 0 I LA 5 »me 2 $ 4/ t 2 2 • • 92 e a AJ ƒ r }ems mz 'a -& a d , r \ a m 2 «_ a m m! <N RESOLUTION NO. A RESOLUTION DESIGNATING A REDISTRICTING PLAN FOR PUBLIC HEARING AND ESTABLISHING A PUBLIC HEARING DATE. WHEREAS, the Mayor and City Council have responsibilities for redistricting under the City Charter as well as the United States Constitution and the Voting Rights Act; and WHEREAS, as a result of growth in the City of Corpus Christi over the last decade, the 2010 Census reports a population imbalance among City Council districts requiring redistricting of the districts; and WHEREAS, the City Council has .established criteria for its evaluation of redistricting plans and guidelines for receiving public input; and WHEREAS, the City Council has directed its staff and legal consultants to prepare, and the City Council has designated, an illustrative redistricting plan to demonstrate to the public how the councilmember districts may be rebalanced; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That the City Council of the City of Corpus Christi designates the attached "Draft Plan A" as "Illustrative Plan 1" to be presented for public consideration and comment. SECTION 2: That the City Council of the City of Corpus Christi, establishes a public hearing to be held on the following date and at the following location: Thursday, January 5, 2012 at 6:00 p.m. Corpus Christi City Hall Council Chambers 1201 Leopard, First Floor Corpus Christi, Texas The City Council of the City of Corpus Christi will review all comments and suggestions at the public hearing or submitted to the City of Corpus Christi City Council in accordance with the guidelines for public participation. SECTION 3: This Resolution shall be effective upon passage by the City Council. —571— PASSED AND APPROVED by the City Council of the City of Corpus Christi, Texas this day of , 2011. CITY OF CORPUS CHRISTI: Joe Adame, Mayor ATTEST: Armando Chapa, City Secretary APPROVED: day of , 2011 Carlos Valdez, City Attorney 33 DATE: TO: FROM: AGENDA MEMORANDUM for the City Council Meeting of: Action December 13, 2011 December 13, 2011 Ronald L. Olson, City Manager Pete Anaya, P. E., Director of Engineering Services TA petean a(�.cctexas.com (361) 826 -3781 Michael Morris, Director of Parks and Recreation.. michaelmo(a cctexas.com (361) 826 -3464 Authorization to Sign Master Implementation and Phasing Contract: Destination Bayfront PURPOSE: Motion authorizing the City Manager or designee to execute a Contract for Professional Services with Hargreaves Associates of San Francisco, California, in the amount of $1,315,137.50 for Destination Bayfront Master Implementation and Phasing Plan to include overall concept and schematic design phase services. BACKGROUND AND FINDINGS: Shoreline Realignment, Phase 3 was approved by city voters as part of. the 2008 Bond Election and is the first step in developing Destination Bayfront. The bond project is currently under design and will realign northbound traffic lanes so they are adjacent to southbound lanes creating a large green space along. Shoreline Boulevard from Furman Avenue to Coopers Alley. This proposed contract will provide required architectural, engineering and planning services to develop parks and recreational facilities along Shoreline Drive resulting in a unique multi -use area that combines beach, park, cultural and event activities in a manner that highlights the city's bayfront into a destination locale. ALTERNATIVES: 1. Award the motion as proposed. 2. Reject the contract proposal and simply proceed with the bond project to realign Shoreline and not fully develop the resulting green space area at this time. FINANCIAL IMPACT: ❑ Not Applicable o Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year * Future Years TOTALS Budget 415,200 6,024,300.00 8,581,700.00 15,021,200.00 1,730,337.50 Encumbered /Expended Amt. 415,200 1,315,137.50 0 This item BALANCE 0 4,709,162.50 8, 581, 700.00 13, 290, 862.50 FUNDS: Bayfront Development General Obligatkn Bond K :.Engineering DataExchangelLyndalStreets12008 Bond IssnelBay&ont Phase 31Destination Bayfront\DesignlExec summary.docx * This budget for future years is for the construction of the Shoreline Realignment Project Only. Construction of Destination Bayfront is pending future phasing and financing plans to support the implementation of the park and its Tong -term economic viability. Comments: Although the City owns all of the land in the plan, Destination Bayfront, a grassroots, volunteer -run non - profit is managing the design process through a City Council approved Memorandum of Understanding. This partnership is facilitating the process by working with adjacent stakeholders and community members to create momentum to accomplish the design, construction and final project in a timely and successful manner. RECOMMENDATION: City staff recommends this contract be awarded to Hargreaves Associates of San Francisco, California, in the amount of $1,315,137.50 CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Professional Services Procurement Act for the selection of engineering services and the Texas Local Government Code for Requests for Qualifications for professional services. EMERGENCY 1 NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Parks and Recreation Department LIST OF SUPPORTING DOCUMENTS: Exhibit A: Contract Summary Exhibit B: Project Budget Exhibit C: Location Map Exhibit D: Proposition 7 Ballot Language Exhibit E: Bayfront Phase 3 Project Description Cc: Oscar R. Martinez, Assistant City Manager Veronica Ocaiias, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget —576— K:IEngineering DataExchangelLyndalStreets\2008 Bond IssuelBayfront Phase 31Destination Bayfront\Design\Exec summary.docx CONTRACT SUMMARY FOR ARCHITECTURUAL SERVICES DESTINATION BAYFRONT AGREEMENT made as of the 13th day of December in the year 2011. BETWEEN the Architect's client identified as the Owner: City of Corpus Christi, a Texas Home -Rule Municipal Corporation 1201 Leopard St. Corpus Christi, TX 78401 Mailing Address: Attn: Director of Engineering Services City of Corpus Christi PO Box 9277 Corpus Christi, TX 78469 and the Architect: Hargraeves Associates, Inc. 398 Kansas Street San Francisco, California 94103 for the following Project: The Owner and Architect agree as follows. From the PPS "Place Making at Destination Bayfront", the vision for Destination Bayfront is: to be a major destination in Corpus Christi, a gathering place for the people of the City that combines beach, park, cultural and event activities in a unique multi -use, active and inclusive place. Destination Bayfront is the area along Shoreline Boulevard that extends, from Furman Avenue on the south to Coopers Alley and the Art Center on the north. It is envisioned as a place that is both quiet and restful and also one that provides for a variety of recreational, cultural, educational, social and Veterans' activities. It will be an important new public space for the City where people come together in an environment that is inclusive, comfortable, and easily accessible from the Downtown and adjacent neighborhoods. It will be well managed and include the types of uses and programs that will help make it economically sustainable. Destination Bayfront will have a series of smaller places within it that will attract people at different times of day, week and year. These places include three "squares" that will be the driving force of the site: Gateway Square, the gateway to Destination Bayfront from the south and the main entrance and drop off area for McGee Beach; the Zocalo, the "central square" located on the site of the former Memorial Coliseum extending across the former North Shoreline Boulevard over the existing jetty; and the Square of Arts and Culture that will provide a stronger presence and identity for the Art Center and a place for programs and events related both to the Art Center and the Veterans Memorial. Sherrill Park will wrap around the Square of Arts and Culture and will be a major destination related to remembrance, health, wellness and education. Other important places include: McGee Beach and McCaughan Park; the Shoreline Promenade located in the space formerly occupied by North Shoreline Boulevard; Park Avenue Pier adjacent to the Zocalo which will extend over the existing breakwater; the Bayfront Water Recreation and Education Area between the existing T -head and the proposed Pier; a modern day "pleasure garden" reminiscent of Corpus Christi's historic character, referred to here as the "Old Town Pleasure Garden "; flexible Festival Spaces for various sizes of temporary events; and the areas on both sides of Shoreline Boulevard which will create a strong connection between Destination Bayfront and the adjacent neighborhoods. ALA Document B1OITM - 2007 (formerly B151TM - I997). Copyright C 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This MA ® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ordistilbutioh ofthis AIA® Document, or any, portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible unidei the law. This document is not an original AIA® Contract Document, but a templates_ 5 7 7 — ® Contract Documents software for producing a customized Document. 1 Several important themes emerged from the Placemaking process thus far for transforming the site along the Bayfront into a major destination in Corpus Christi and beyond. In conjunction with specific program and design ideas generated in the workshops, these themes are intended to serve as the basis for the program of uses outlined in the Placemaking at Destination Bayfront report. • There should be a strong connection between the Downtown and the Bayfront. • The site will attract a broad range of Corpus Christi residents and visitors including a variety of age, ethnic and income groups. • Amenities and infrastructure should support activities of varying sizes. • Provision should be made for infrastructure to accommodate both Iarge events • Additional opportunities to use the water for recreation should be developed. • A strategy for the ongoing economic sustainability of the site should be developed and the overall management should be a key ingredient in this strategy. AU,. Document B101TM- 2007 (formerly B151r"1- 1997). Copyright 0 1974, 1978, 1987, 1997 and 2407 by The American institute of Architects. All rights reserved. WARNING: This AIA ® Document is protected by U.S: Copyright Law and International Treaties, Unauthorized teprodbetlon or distribution of this MAP Document, or any portion of it, may result in severe civil and criihinal penalties, and will be prosecuted to the maximum extent possible under the law. This document is not an original AIM!) Contract Document, but a template} 5 7 8- [A® Contract Documents software for producing a customized Document. 2 Corpus Christibestination Bayfront Fee Summary -579-- CONCEPT DESIGN TASKS COST Task A Site Analyses and Programing A -1 Data Collection / Site Analyses (Kickoff Meetings) $ 39,960.00 A -2 Shoreline Drive Coordination 8,660.00 A -3 South Central Development Plan Coordination _ 6,260,00 A-4 Programming Validation 31,780.00 Sub- total: $ 86,660.00 Task B Concept Design and Graphics $ -1 Preliminary Concept Design + Draft Graphics (Advisory Group Stakeholders Community Meeting #1) $ 137,440.00 B -2 Order of Magnitude Cost/ Potential Phasing Concept Options 15,050.00 8 -3 Final Concept Design +Final Graphics 171,400.00 8-4 Order of Magnitude Cost / Potential Phasing Final Concept 16,790.00 Sub- total: $ 340,680.00 Task C Supplementary Plans - Concept Design C -1 Economic Opportunities Analysis $ 17,780.00 C -2 Ballpark 0 & M Budgets for Options and Final Concept • 12,100.00 C -3 Park Naming Plan 5,100.00_ C -4 Revenue Plan based on Concept Design 20,926.00 C -5 Capital Funding Plan based on Concept Design 19,350.00 21,800.00 C -6 Review / Input to Programming and Concept Design Options C -7 Meetings /Team Coordination 8,730.00 Sub - total: $ 105,786.00 Task D Sub - Consultant Management Fee $ 12,700.00 Basic Services Total: $ 545,826.0(] Itemized Additional Services #1 Base Map Preparation / Surveying TBD #2 Physical Model a 1" = 40' (Not Authorized at this time) 40,500.00 #3 Additional Trip / Client Group Meeting (time only, see reimbursables below J TBD #4 Additional Community Meeting (time only, see reimbursables below) TBD #5 Additional Rendering TBD #6 Master Plan of Adjacent Sites TBD Additional Services Total: $ 40,500.00 Reimbursable Expense Estimate Reimbursable General Estimate - all Consultants 4% Total Fee Team Fee Total Print, Copy Tele, FedEx, Misc, Regional Travel 4% $ 533,126.00 $ 21,325.00 Reimbursable Travel Estimate - Non -Local Consultants Person Trips $ / Person Trip • Total Hargreaves Associates (3 people typical per trip) 11 1,750.00 $ 19,250.00 HR &A (1 person typical per trip) 3 1,750.00 5,250 .00 ETM (1 Person typical per trip) 1 1,750.00 1,750.00 Lake Flato (2 people typical per trip) 6 500.00 3,000.00 TOTAL TRAVEL: $ 29,250.00 Total Not -to- Exceed General + Travel Reimbursement Budget: $ 50,575.00 Total Concept Design Amount for Basic and Additional Services + Reimbursable Estimates: $ 636,901.00 -579-- Corpus Christi Destination 6w/front Fee Summary -580- SCHEMATIC DESIGN TASKS Cost Task E Schematic Design Tasks 50% Schematic Design E -1 Design Development/ Illustrative Graphics $ 204,416.00 Advisory Group/ Stakeholder/ Community Meetings # 3 E -2 50% Schematic Design Cost Estimate • 25,738.00 100% Schematic Design E -3 CAD Document Set / Technical Memos 227,396 00 Advisory Group/ Stakeholder/ Community Meetings # 4 E -4 100% Schematic Design Cost Estimate 31,600.00 Sub - Total: $ 489,150.00 Task F Supplementary Plans - Schematic Design F -1 Sustainable Opportunities Plan $ 31,100.00 F -2 Programming Plan 27,500.00 F -3 Master implementation and Phasing Plan 14,100.00 F -4 Refined Capital Funding Plan based on 5D 9,390.00 F -5 Refined Revenue Plan based on 5D 9,200.00 F -6 Operations and Maintenance Budget 17,970.00_ F-7 Goverance / Organizational Plan 20,340.00 F -8 Meetings / Team Coordination 3,500.00 Sub - Total: $ 133,100.00 Task G Sub- Consultant Management Fee $ 15,096.50 Basic Services Total: $ 637,346.50 Reimbursable Expense Estimate Reimbursable General Estimate - all Consultants 4% Total Fee Team Fee Total Print, Copy Tele, FedEx, Misc, Regional Travel 4% $ 622,250.00 $ 24,890.00 Reimbursable Travel Estimate -Non -Local Consultants Person Trips $ / Person Trip Total Hargreaves Associates (3 people typical per trip) 6 1,750.00 $ 10,500.00 HR&A (1 person typical per trip) , 0 1,750.00 - ETM (1 Person typical per trip) 2 1,750.00 3,500.00 Lake Flato (2 people typical per trip) 4 500.00 2,000.00 TOTAL TRAVEL: $ 16,000.00 Total Not -to- Exceed General + Travel Reimbursement Budget: $ ' 40,890.00 Total Schematic Design Amount for Basic Services + Reimbursable Estimates: $ 678,236.50 Contract Value for Master Implementation and Phasing Plan Phase (Concept and Schematic Design Tasks): $ 1,315,137.50 -580- DESTINATION BAYFRONT HARGREAVES TEAM SCHEDULE PROJECT KICKOFF, SITE ANALYSIS, PROGRAMMING, .OFF-SffESTUDIES SIM Analysis & Programming Kick-off Meeting with Client Group Preliminary Economic Study Economic Reconalssance MeetIngs Focus Group Civic Leaders Meeting Shoreline Drive Coordination and Input South Central Development Plan Coordination and Input CONCEPT DESIGN IENTIRE,PARK) 2011 Nov Dec OR fi 2012 Jan Feb FiKtck-Off-Mtgs March gEoonomtc Reconaf seance (HMA) Ecenomro Study -Summery Preasntetton (HRBA) Aprlf May June July Aug Preliminary Concept Design Order of Magnitude Concept Design Costs (by potential phase) Advisory Group Meeting 01 -Concept Options Community workshop Ai - Concept Options Preliminary Data Gathering - Local O&M Issues end Cosis 1 week Ghent Review end Approval Final Concept Design Graphics/ Supplementary Pian Coordination Order of Magnitude Concept Design Cost (by potential phase) Drag Phasing Stretegfes Advisory Group Meetlny 02 - Pinel Concept Plan Community Workshop 02 -Final Concept Plan Park Naming Strategy Drat Revenue and Capital Funding StmMgiev Ifor entire park) Ballpark Operations and Maintenance Budgets (for entire park) 1 week Client Review and Approval 2w &dvfaow Group Mantilla et community Workshop al ®OaM Reconalssance IETM) Client Review and Approval Drag to Team Advisory Group Meekng 02 ®Community Workshop 02 [tonna Public involvement Phme Client Review and App mat Sept Oct Nov Dec DESTINA11oN DAYFRONT HARGREAVES TEAM - DRAFT SCHEDULE 1t111110011 SGNEMATIC.DESION (ENTIRE PARK) 12n11 Nay Dec 2017 2012 Jan Feb March April May June July Aug Sept Oct Nov Dec 00% schematic Design - Illustrative Materials 50% Schematic Design Development/ Ihuslrallve Graphics 50% Schematic Design Cost Estimate Advisory Group Meeting 02 Community Workshop E. 1 week Client Review and Approve/ 100% schematic Design - Technical Materials 100% Schematic Design CAD Drawings 100% Schematic Design CoM Estimate Advisory Group Meeting 04 Community Workshop 04 Sustatnabhlty Opportunities Plan Dreg Sustainable Opportunities Plan Client Advisory Group Review Final Sustainable Opportunities Plan Programming Plan bran Programming Plan Client Advisory Advisory Oraup Review Final Programming Plan Master implementation and Phasing Plan Drag Review Period Final Implementation and Phasing Plan Capital Funding Plan Client Review Final Capital Funding Plan (by phases) Revenue Plan Client Advisory Group Review Final Revenue Plan (by Phases) Operations and Maintenance Budget Chant Advisory Group Review Final Operations and Maintenance Budget (by Phases) Governance! Organizational Plan Client Advisory Group Review Final Governance/ Organizational Plan 1 Week Client Review end Approval 10 04n •10 wins 2 wirer gAdvisory Group Meegnt) MI 'Common ty Workshop 42 Client Review and Approval 4 wko .4 wke 2wks .. MAdvisory Group Mee0ng 04 ICammun ty Workshop IN INNESISIMMEr .CI[ant Review and Approval PROJECT BUDGET Bayfront Development Plan Phase 3 Project No. 6511 August 23, 2011 FUNDS AVAILABLE: Bond 08 Proposition Seven $13,000,000 Shoreline Road Realignment Utility Portion (2012 CIP) $1,984,000 TOTAL - $14,984,000 FUNDS REQUIRED: Shoreline Road Realignment Construction (estimated) $6,125,114 Road Construction Contingencies (10 %) $612,511 Future NB Pavement Demolition, Right -of -way Requirements $800,000 Design Fees: HDR - Shoreline Road Realignment Design $1,168,976 Geotechnical and Construction Materials Testing Services (Rock Engineering) $137,815 Hargreaves Associates (Concept and Schematic Design) $1,315,138 Reimbursements: $760,500 TOTAL $10,920,054 ESTIMATED PROJECT BUDGET BALANCE $4,063,946 File : \ Mproject \councilexhibits\exh6511.dwg PROJECT No. 6511 VICINITY MAP NOT TO SCALE CORPUS cs(2aslr Ray EXHIBIT "C" Bayfront Development Master Plan, Phase 3 -584- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 02/06/2009 MINI IOW C,..� City of Corpus Christ Ballot Language for Bond Issue 2008 PROPOSITION 7 BAYFRONT MASTER PLAN PROJECT Shall the City Council of the City of Corpus Christi Texas be authorized to issue in accordance with law at the time of issuance the public securities of the City in one or more series or issues in the aggregate principal amount of $13,000,000 with the public securities of each such series or issues respectively to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates as shall be determined within the discretion of the City Council for the acquisition of land and the construction of permanent public improvements for the Bayfront Development Plan including without limitation constructing, reconstructing, restructuring and extending the streets, thoroughfares, sidewalks, streetscapes, collectors, and storm drains along Shoreline Drive, developing parks 'and recreational facilities along Shoreline Drive, and related public improvements INCLUDING BAYFRONT DEVELOPMENT PLAN PHASE 3, AND OTHER BAYFRONT IMPROVEMENTS; and shall said City Council be authorized to levy and cause to be assessed and collected annual ad valorem taxes on all taxable property in the City in an amount sufficient to pay the annual interest on said public securities and provide a sinking fund to pay the public securities at maturity. Exhibit 0 Page 1 of 1 BOND 2008 RECOMMENDED BAYFRONT MASTER PLAN PROJECT PROPOSITION SEVEN: SEQ # PROJECT VALUE 59 Bayfront Development Plan Phase 3 $ 13,000,000 The Bayfront Implementation Plan provides for the relocation of traffic lanes inland away from the water. The realignment will begin near Coopers Alley and continue south until they merge back to the current Shoreline alignment south of McGee Beach in the vicinity of Furman and Buford. The realignment will reduce the number of traffic lanes from the current three lanes in each direction to two lanes in each direction. This phase of work provides a large pedestrian area (Bayshore Park) strongly connected to the water, McGee Beach and the Coopers Alley L -Head. The realignment could include: Improved access to water features such as the Seawall steps, beach and marina without crossing multiple lanes of traffic; A large public space for community events, concerts, festivals and other special events; Public amenities and the necessary utility connections and lighting to support such events. TOTAL PROPOSITION SEVEN - BAYFRONT MASTER PLAN PACKAGE: $ 13,000,000 • EXHIBIT E —586 — . Page 1 of I 34 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: 12/7/2011 TO: Ronald L. Olson, City Manager FROM: Troy Riggs troyr @cctexas.com 826 -3898 CAPTION: Confirmation of Fire Chief Appointment A motion confirming the City Manager's appointment of Robert Rocha as Fire Chief. BACKGROUND AND FINDINGS: The City hired Waters Consulting Group, Inc. on August 11, 2011 to conduct a nationwide search to fill the position of Fire Chief that became vacant on May 23, 2011. Richie Quintero has been the Interim Fire Chief. Waters Consulting narrowed the top candidates to five finalists. The City received notice that one of the five finalists withdrew from the field of applicants due to a family health issue. The remaining four finalist candidates took part in the two -day interview process on November 17 and 18. The first day they took part in a tour and a meet and greet reception. The second day they interviewed with a series of three interview panels. The three interview panels consisted of City executive and management staff members and community members. Each panel gave feedback to the City Manager at the conclusion of the interviews. Two candidates were brought back in for a second interview with the executive panel and a one -on -one with the City Manager on December 5, 2011. The City Manager has selected Robert Rocha to serve as the City's next Fire Chief. ALTERNATIVES: Not applicable —589— CONFORMITY TO CITY POLICY: The Fire Chief position is an appointment of the City Manager, however the appointment must be confirmed by the City Council in accordance with state statute. EMERGENCY / NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Human Resources Legal FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Salary $70,769 $115,000 Benefits $15,888 $25,818 BALANCE $86,657 $140,818 Fund(s):Fire Comments: This is a replacement of a budgeted position. Robert Rocha will be receiving an annualized salary of $115,000. Sixteen pay periods was used for Current year calculation. RECOMMENDATION: The City Manager recommends that City Council approve this appointment, and confirm Robert Rocha as Fire Chief. LIST OF SUPPORTING DOCUMENTS: Robert Rocha's resume Approvals: Alison Logan, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Troy Riggs, Assistant City Manager —590— R O B E R T A . R O C I I A 3000 South 74th Street - Kansas City, Kansas 66106 913 -375 -1177 • rrocha1957 @yahoo.com SENIOR PUBLIC SERVICE EXECUTIVE Experienced leader in the public sector with vast experience in leading strategic change within an organization in order to meet goals and objectives. A strategic thinker who is resilient yet flexible to change, new technology, and new ideas. A leader of people experienced in developing skills in employees to achieve the mission and vision of an organization. Experienced project manager who can determine objectives, set priorities and delegate work. Places a high emphasis on customer service to both internal and external customers white delivering high quality work. A seasoned decision maker with 13 years of senior manager experience. Strong oral and written communication skills. • Team Leadership I Grant Writing • Program Evaluation AREAS OF EXPERTISE • Achieving Consensus • Coaching and Feedback ■ Financial Management r Strategic Planning ✓ Employee Development • Critical Analysis PROFESSIONAL EXPERIENCE Kansas City Kansas Fire Department Major metropolitan fire department with 467 employees and a $43,000,000+ budget (FY 2010). The department protects 126 square miles and a population of 147,000 residents. Capabilities include fire and emergency medical response, hazardous materials team, heavy rescue, trench rescue, high angle rescue and boat team. The department staffs 22 primary fire companies and 12 ambulances in 18 fire stations located throughout the city. Senior Deputy Fire Chief (2007 - 2011) Responsible for assuming all duties in the absence of the Fire Chief; including the functions, responsibilities, and authority of Fire Chief. Schedule and conduct meetings with Staff Officers for the purpose of evaluating departmental issues and critique emergency scene operations that require corrective solutions. Administer disciplinary measures for violations of rules and regulations, policies, and procedures for the fire department. Accomplishments: ■ Authored numerous successful grant applications resulting in more than $3 million for department initiatives; includes the 2009 Fire Act SAFER Grant ($2,588,250), 2009 Fire Act Radio Grant ($372,491), and the 2006 Fire Act AVL (Automatic Vehicle Locator) Grant ($380,605) Represented the fire department in the Regional Homeland Security Coordinating Committee serving as Co -Chair of the Regional Program and Project Measurement Subcommittee; Committee had primary responsibility for oversight of more than $30 million dollars of federal grant funds ■ Vice President of the Heart of America Metro Fire Chiefs - Bi state regional coordination group ▪ Coordinated Department's Performance Measure Program that identified areas of improvement and associated evaluative metrics ■ Served on the Unified Government of Wyandotte County /Kansas City, Kansas Developmental Review Committee - Kansas Speedway Casino —591— Deputy Fire. Chief (2003 - 2007) Administered approved policies and procedures pertaining to the administrative and operation components of the department. Responded to emergency scenes and, when necessary, assumed command of major fire department operations. Accomplishments: ■ Experienced in crisis management, served as overall Incident Commander during the 2005 Magellan Pipeline Release and the 2003 Wyandotte County Tornado - Worked closely with EPA Region VII response personnel and Kansas Department of Health and Environment in establishing a coordinated response so as to minimize the impact on the environment • Coordinated Special Operations programs for the fire department including the hazardous materials team, heavy rescue team, and boat rescue team • Handled all grievances, made recommendations for discipline to Fire Chief ■ Responsible for Capital Project, Capital Equipment, and Operating budget of the department Assistant Fire Chief - Fire Marshal (1998 - 2003) Interpreted and administered national, state, and local fire and life safety codes. Coordinated the activities of the Fire Prevention Division, which included Fire Investigations, Fire Inspections, and Public Education. Served on the fire department contract negotiation team. Accomplishments: l nplemented the fire department Smoke Detector Program in conjunction with public, non - profit and private partners ■ Developed and coordinated the Safe School Initiative working closely with administrators from the Kansas City, Kansas, Turner, Piper and parochial school districts to improve school safety ■ Created Safe Haven after school program for Quindaro and Central Avenue districts and provided hundreds of area children with essential services ■ Improved the work output of the Fire inspection Division by prioritizing over 6,000 businesses, schools, and places of assembly to ensure annual inspections for high hazard locations Battalion Chief, Fire Captain, Driver, Firefighter (1982 - 1998) Extensive field experience in all phases and areas - Responded to thousands of fire and emergency medical calls. Accomplishments: • Served as a frontline supervisor, commanding a battalion, and fire captain ■ Finished 1st on the 1998 Battalion Chief Assessment Center and 1st in the 1990 Fire Captain Assessment Center - Graduated from the National Fire Academy Command and Control of Fire Department Major Operations • Served as fire department Public Information Officer (P1O) - Media Relations. On call 24/7 to respond to emergency scenes and coordinate the flow of information to media outlets. Handled numerous fatality and large scale incidents. Worked with commanders in handling crisis management situations. ■ Elected to the Executive Board of the International Association of Firefighters Local #64 - Served on the national Human Relations Committee promoting diversity in the fire service. Participated in grievance procedures and contract negotiations as a member of the bargaining unit. -592- EDUCATION ■ Executive Masters of Business Administration, Benedictine College, 2001 • Bachelor of Arts - Management and Human Relations, Mid - America Nazarene University,1999 ■ Associates in Applied Science - Fire Science, Kansas City Kansas Community College, 1995 • National Fire Academy Graduate, Emmitsburg, Maryland, 1993 PROFESSIONAL AFFILIATIONS • International Association of Fire Chiefs ■ National Society of Hispanic MBAs International Association of Firefighters • Kansas State Association of Fire Chiefs COMMUNITY INVOLVEMENT• • Boy Scouts of America - Troop 588 - Comrnittee Chairperson (Our Lady of Good Counsel) • Kansas City - Uruapan, Mexico Sister City Group - Vice President • Serra Club • Family Conservancy - Advisory Board Member • Wyandotte County Golf Advisory Board -593- 35 • Simplify agenda creation — automatically compile files and supporting materials for upcoming meetings. • Publish minutes with end -to -end automation. • Easily track legislation and generate historical reports for staff, citizens and City Council. Additionally, the Legistar product generates a paperless agenda, which can be read on a laptop as well as on mobile devices like Androids, iPhones and iPads (using legislate paperless agenda app). This would generate additional savings in paper and printing costs for the City. In FY 2010 -2011, the City of Corpus Christi spent. approximately $50,000 in paper and printing costs related to the agenda process. Staff proposes to phase in the paperless agenda beginning in FY 2012 -2013. The focus in FY 2011 -2012 will be the implementation phase. Granicus will assist with the implementation and training process, which is anticipated to take approximately 90 days. Please note that the current City Council Policy states that the agenda is to be prepared and assembled jointly by the City Manager and the City Secretary. In recognition of their key role in the agenda process, the City Secretary's Office has been involved in the decision making process since inception. They concur with the recommended changes. In conclusion, staff believes that the addition of this agenda management product to our current webcasting contract with Granicus will provide a unified solution to the City's agenda process needs, in turn saving money, eliminating redundancies, and enhancing transparency for our citizens. ALTERNATIVES: The only viable alternative is to continue using the current manual agenda process. This alternative is not recommended due to the inefficient use of staff time and city resources as cited above. OTHER CONSIDERATIONS: These services are classified as Professional Services, which are exempt from the competitive bidding statutes. Staff has selected Granicus to perform these services due to 1) the City's ability to amend the existing contract with Granicus 2) the features and functionality of the software and 3) requirement to expedite the implementation of these services. CONFORMITY TO CITY POLICY: This item meets the requirements of the City's financial policies and procurement policies. EMERGENCY 1 NON - EMERGENCY: Emergency. DEPARTMENTAL CLEARANCES: MIS City Secretary's Office -598- FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to. Date Expenditures (CIP only) Current Year . Future Years TOTALS Budget Encumbered 1 Expended Amount This item $28,900 *$20,148 (Y1) $18,660(Y2 -Y4) BALANCE Fund(s): General Fund Comments: In FY 2011 -12, Granicus is requesting .a one -time, upfront cost of $25,200 for project management and deployment services, installation and implementation, and training. A maximum of $3,700 is also being budgeted for billable travel expenses, for a total of $28,900. The monthly maintenance cost for the contract is $1,550, or $18,660 a year. However, Granicus is offering an end of year promotion that waives the Monthly Maintenance Costs associated with the agenda management software until July 1, 2012. The Unreserved Fund Balance is approximately $7 million. `Please note that Year 1 (FY 2012 -13) costs will include an additional $129 per month to cover the monthly maintenance cost for July 2012, totaling a monthly payment of $20,148. The July 2011 payment is being prorated into the monthly payments for FY 2012 -2013. RECOMMENDATION: Staff recommends approval of the ordinance and contract amendment as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance First Amendment to Granicus Contract Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Margie C. Rose, Assistant City Manager -599 Ordinance appropriating $28,900 from the Unreserved Fund Balance in the No. 1020 General _Fund for services from Granicus, Inc. to implement an automated agenda management system; and changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 to increase appropriations by $28,900; and declaring an emergency. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TEXAS: SECTION 1. That $28,900 is appropriated from the Unreserved Fund Balance in the No. 1020 General Fund for services from Granicus, Inc. to implement an automated agenda management system. SECTION 2. That the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 is changed to increase appropriations by $28,900. 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 the voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2011. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: November 22, 2011 • ..A7 Lisa Aguil Assistant City Attorney for the City Attorney Corpus Christ, Texas Day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christ, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott FIRST AMENDMENT TO THE GRANICUS SERVICES AGREEMENT BETWEEN GRANICUS, INC. AND THE CITY OF CORPUS CHRISTI, TEXAS This First Amendment to the Granicus, Inc. Services Agreement dated February 1, 2011 (hereinafter referred to as "Agreement ") is made and entered into by and between Granicus, Inc., a California Corporation (hereinafter referred to as "Granicus "), and the City of Corpus Christi, TX (hereinafter referred to as "Client "), with reference to the following: WHEREAS, Granicus, a California - based company, provides a full- service solution that includes hardware, software, automated indexing capabilities, voting systems, website page design and integration with Council Agendas, a meeting minutes module, on -site user training and 24/7 technical support that meet Client needs as well as the integration services that are required for timely implementation; and WHEREAS, Granicus represents that it has the qualities, expertise, skills, and abilities to perform such work; and WHEREAS, in addition to Client's existing Granicus solution, Client wishes to transition to Granicus Legislative Management Suite as detailed in the Proposal dated November 2, 2011, which is attached as Exhibit A and incorporated herein by reference; and NOW, TEIE,REFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: 1. Granicus shall provide the Legislative Management Suite and Project Management and Deployment services as described in the attached proposal which is attached as Exhibit A and incorporated herein by reference. 2. Clients who enter into an amendment agreement with Granicus prior to December 31, 2011 are eligible for a one -time promotion. As part of this promotion, the Client will receive Monthly Managed Services at no cost to Client until July 1, 2012. Discounted billing for Monthly Managed Services will start after deployment has been completed. Up -front costs are not affected by this promotion. Monthly Managed service fees on Client's current services are not affected by this promotion. 3. As detailed in Exhibit A, compensation shall be amended to include additional costs of twenty - five thousand two hundred dollars ($25,200.00) up -front for the Project Management and Deployment services, and one thousand five hundred fifty dollars ($1,550.00) per month after July 1, 2012. Additionally, as detailed in Exhibit A, •reasonable travel expenses not to exceed $3,700 may be invoiced to Client. Granicus shall not submit invoice for the Project Management and Deployment Services until the services have been completed. Clients are responsible to pay their Monthly Managed Service fees in full starting July 1, 2012; however, billing for the July monthly managed service fee shall be prorated beginning August 1 2012 through July 31, 2013. Client's Granicus solution shall now include additions to the Agreement as detailed in Exhibit A. 4. Client has the right to keep any purchased hardware, provided that Client removes and/or uninstalls any Granicus Software on such hardware. However, if Client has received hardware as part of a Granicus Open Platform Suite solution ( "Open Platform Hardware "), Client understands that upon termination of this Agreement, Client shall immediately return the Open Platform Hardware to Granicus, Inc. The Open —602— PIatform Hardware must be returned within fifteen (15) days of termination, and must be in substantially the same condition as when originally shipped, subject only to normal wear and tear. 5: The parties will develop an implementation schedule to provide a completion date within 90 days of the date of last signature on this First Amendment. 6. The term of this First Amendment shall run concurrently with the term as outlined in Section 8.1 of the Services Agreement. 7. Except as amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. 8. In the event of any inconsistency between the provisions of this First Amendment, and the original Agreement, the inconsistency shall be resolved by giving precedence to the documents in the following order: A. Paragraphs set forth in the body of. the First Amendment. B. Paragraphs set forth iri the body of Agreement IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives, CITY OF CORPUS CHRISTI, TX GRANICUS INC. By: By: Date: Approved as to form: ie2 22�° + t 1)..c Lisa Agui Assistant City Attorney For City Attorney —603— Ed Roshitsh Pr sident Date: i' EXHIBIT A PROPOSAL [The remainder of this page is left blank intentionally.] -604- Agenda Workflow Solutions Proposal presented to: •Annie Leal & Rebecca Huerta City.of Corpus. Christi, TX 11-02-2011 -605- r r icth.k conrnecting rovernrnent Grantus Fro osaL to the City Dear Annie & Rebecca, Propncat f Corpus Chi s Thank you for considering Granicus, we're excited to support your public meeting workflow needs. It has been a pleasure to work with the City of Corpus Christi over the past few months. We look forward to continuing our rewarding, long -term relationship with you. On the following few pages, you will find a breakdown of the needs that we have uncovered, our proposed solution, some of our key differentiators, detailed pricing, and a checklist that outlines our next steps. Primary Business Issue During our meeting with staff members from various departments at City of Corpus Christi the primary, business issues we discovered was, O Too much staff time spent assembling agendas for City Council meetings. • High costs associated with paper -based manual approval routing processes. Key Challenges 6 .A typical process for an agenda submittal is extremely manual with forms walked manually from one department to another for approvals. All agenda submittals are printed for review .before approvals before being added to the agenda for an upcoming meeting. 6 40 agenda packets are printed per meeting using an enormous amount of paper and staff resources per City Council meeting. It was mentioned in the meeting that the current process for assembling agendas at Corpus Christi is quite outdated and needs to be modernized. ideal Solution Components Some ideal solution components as discussed during the meeting included, • An electronic process with ability for staff members to track at all points of time where agenda submittals are in the approval process. • Ability for approvers to provide feedback on agenda submittals Easy process for assembling the final agenda and giving decision makers an easy way to access the finalized agenda online. tt1- gr nt. Cprthettiiig.ticrern ist six �.��..Y,.� ..,,..,gym- ,..<..a.a,.�.,.....w impact of Success Some ways to measure the success of such a software system implementation at City of Corpus Christi include, • Staff time saved to secure agenda submittal approvals and assemble agendas for City Council meetings • Cost savings from reduced paper consumption for public meetings • increased transparency and improved service provided to citizens of Corpus Christi. As an illustration of the success that other cities have had from implementing a Granicus Agenda Management Solution, l have included links to a few case studies that show savings achieved by, 1. City & Borough of Sitka, AK 2. City of Milwaukee, WI 3. City of Long Beach, CA Plan Finally, we had discussed that City plans to move forward with implementing a solution before the end of 2011 to take advantage of the current end of year promotion by Granicus. The end of year promotion waives the Monthly Maintenance Costs associated with Granicus Agenda Management Software until July 1st, 2012. The City can potentially save up to $6000 by taking advantage of the promotion. Please find below a detailed proposal for the solution that the City of Corpus Christi has chosen. The proposal and pricing includes all training, software, hardware, 24/7/365 support, professional services, installation and implementation. Over 900 jurisdictions have selected Granicus' as a partner to help them build trust with citizens, reduce staff time spent on processing meetings, and engage citizens in productive new ways. We hope that you have found tremendous value in being a part of the Granicus client family. Most Sincerely, Ram Annasami Account Manager Granicus, Inc. Tonic:us cohnecting g.ovvrninell u Budgetary mpact Pro r)o Vials Your Granicus solution was based on City of Corpus Christi's specific government transparency and public meeting efficiency needs. Our pricing reflects our commitment to supply customers with the highest value and quality software and support. Solution pricing is detailed below. Granicus. Agenda Management Software € Quantity I— Unit Price (Up- Unit Price Total (Up -front) Total (Monthly) Product Name front) (Monthly) egaslatwel► an geiaaentSd to issa�a rLegistar) l Project Management and Deployment Services (LM) 'raining Days Onsite (IA) 7. ,600 00 : $d $1 2 G.0 $3700.00 Estimated Travel Expenses** (not included in total cost) Totals $25,200.00 $1550.00 • Sales tax may apply depending on your organization's tax status and the tax laws unique to your state, county and/or municipality. • City of Corpus Christi has an existing contract with Granicus for webcasting and recording minutes of City Council meetings. The Monthly Maintenance Cost on the current contract is $2,550.00. All Monthly Maintenance costs denoted in this proposal are in addition to the $2,550.00. • "Travel expenses are capped at a maximum of $3700. Billable travel- expenses include transportation {such as air travel and auto rentals) and lodging expenses. Your Granicus solution requires on-site deployment. You will receive an itemized invoice for all travel expenses within 30 days of the completion of the onsite visit, The total above represents the maximum possible cost to you and is provided as a budgetary estimate only. This proposal expires on 12/31/2011 r. �._..w._�__..... _.._:. :cannecbng eaventt it roposa Free Monthly Services on Product Suites until July 1, 2012 This offer is only valid with the purchase of these products: Government Transparency Suite, Meeting Efficiency Suite, Legislative Management Suite, Citizen Participation Suite, Training Management Suite, Performance Accelerator, and the Mobile Encoder. New Business and Upgrades are eligible for this one-time promotion. This promotion does not alter or delay the date on which your upfront payments will be due as defined in the Granicus Service Agreement. Offer valid until 12/31/2011. As part of this promotion, the Client will receive Monthly Managed Services at no cost to Client until July 1, 2012. Discounted billing for Monthly Managed Services will start after deployment has been completed. Clients are responsible to pay their Monthly Managed Service fees in full starting July 1, 2012, billing for this period starts on April 15, 2012. Up -front costs are not affected by this promotion. Monthly Managed service fees on existing products are not affected by this promotion. For sales including managed hardware, deployment will not begin unless a signed contract has been received. This offer is valid only with the purchase of these products: Open Platform, Government Transparency Suite, Meeting Efficiency Suite, Legislative Management Suite, Citizen Participation Suite, the Training Management Suite, the Performance Accelerator, and the Mobile Encoder. 'onne�uumAinrmmebt. ���������� . ~ ~.��~��~°� ���for PlanSuccess - ---- ----- ~~——'~~°_=~ ~`~=,~~m�' Fina Presentation to City Manager November 17° Annie/Ram Proposal Review . �ovennber17Th Annie/City Manager/Ram Technical Solution / TBD TBD Project Timeline Review TBD TBD Funding/Procurement Process Review TBD TBD Project Approved TBD TBD Signed Contract Received TBD TBD ' Project Kick Off Cali TBD TBD Software Installed and Configured TBD TBD Solution Deployment Vaidated TBD TBD Training Completed ` TBD TBD internal Go -Live TBD TBD System Accepted TBD TBD GoLive tuthe Public— Project Successful! TBD TBD ra ICUS d n' ctf.ng edvarurf 'nt ro a Proposed SOktitlai Leggsiat ve Management Suite The Legislative Management Suite offers a complete and automated agenda workflow solution. Create agenda items and assign them to the appropriate agenda, making agenda creation seamless. Item approvals are done automatically — approvers are notified when it's their turn to review. Once the agenda is generated, a minutes report is automatically created with the same data. All attendance, actions, movers /seconders, votes and notes can be captured for the public record. This Suite also allows you to track legislation from inception through approvals and actions taken. Click here for more information on the Legislative Management Suite. • Agenda item drafting • Electronic approval process O Agenda packet generation and publication • Meeting minutes ® Track and search legislative data nt us Professional Services Hosted Web- SasedApplication Workflow Assessment Workflow Implementation Dnslte Training and Meeting Support Activation of a hosted media and content `i management application. Z Careful workflow review and software I configuration, Hands -on guidance and support to ensure _ smooth and successful user adoption. €3. yy " + ;'.`: premise support and mcntorship to guide ;Sys;Adrriln,:':i users during a live meeting. :.i On-demand online training courses accessible anytime, anywhere. Self -Paced Online Instructor -led Online Training Series a' ternliam i" _it ?i nsH 1 Onsite Training and Meeting Support `_ -` :5 Standard Website Integration Legislative Portal Website integration Standard Reports Live online training led by a training professional Y, Intensive hands -on training at the clients' location to address unique user needs. in a classroom environment: �i Standard media player and media portal embedded into customer's branded website. Standard portal for legislative information that I matches the look and feel of customer's branded website, Standardized report templates for agendas and i i minutes. Gran us D f' r nt bob' s Pronos .; • World's most experienced provider of government transparency, citizen participation, meeting efficiency, legislative management, and training management solutions with: o Over 900 clients in all 50 states, at every level of government o Over 31 million government webcasts viewed o More than 265,350 government meetings online • First fully integrated legislative workflow management system for local government • Open API architecture and SDK allow for seamless integrations with systems already in place Certified integrations provide flexibility and choice of agenda workflow solutions • Only government webcasting service to provide encoding, minutes annotation, transcription, and closed captioning services • Truly unlimited storage and distribution for all meeting bodies and non - meeting content 9 indefinite retention schedules for all archived meeting and non- meeting content • Only provider of both government webcasting and citizen participation services • Only provider of both government webcasting and training management services r tun„ cling. governrnpri m • Access a library of peer - created government media content from over 900 Granicus users • 24/7/365 customer service and support ▪ 97% customer satisfaction rating, 99% client retention rating ▪ Ranked 185 on Deloitte 500 fastest growing companies • Ranked 419 on Inc 500 fastest growing companies • Client Success stories are available here: http: / /www.granicus .cam /Clients /Case- Studies.aspx 36 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 11/3/2011 TO: Ronald L. Olson, City Manager FROM: Pete Anaya, P. E. Director of Engineering Services 1 petean @cctexas.com, (361) 826 -3781 Foster Crowell, Director of Wastewater Operations fosterc @cctexas.com, (361) 826 -1801 Approval of Professional Services Contract: City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program CAPTION: Motion authorizing the City Manager, or designee, to execute a Contract for Professional Services with Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413.00 for City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. BACKGROUND AND FINDINGS: The project involves the preparation and development of the necessary technical specification and procurement documents for the City's large diameter (18" and above) sanitary sewer cleaning and inspection program. It provides for the issuance of service orders for inspection and cleaning of the sanitary sewers. The service order work will include developing the required scope, review of closed circuit (CCTV) inspection of the fines, construction exhibits, cost estimates and performing construction administration for service order execution. Coym, Rehmet and Gutierrez Engineering, L.P. will issue service orders upon the City's request and on an as —need basis for approximately $2.0 million per annum, cleaning and inspection services over the life of the three (3) year base contract. ALTERNATIVES: Three alternative means of procurement services were considered and rejected: Procurement of cleaning services by individual purchase order is inefficient in terms of staff utilization, cost effectiveness and City wide application. Procurement of cleaning services by engineering design, bid and construction is inefficient for timely delivery and cost prohibitive in terms of associated overhead expenditures. No procurement of cleaning services directly counters ongoing Wastewater Department efforts to reduce Sanitary Sewer Overflows (SSO's) City wide. OTHER CONSIDERATIONS: Coym, Rehmet and Gutierrez Engineering, L.P. (CRG), a local consultant engineering and surveying firm, was selected based upon their professional qualifications, local expertise and ongoing participation in the City -wide Sanitary Sewer Hydraulic Model project. It is anticipated that results from the Sanitary Sewer Hydraulic Model -617- will identify critical sewer line segments in need of cleaning service. An integrated and coordinated work effort from both of these projects under the direction of CRG will enhance the effectiveness of this operational investment, CONFORMITY TO CITY POLICY: Conforms to statutes regarding Request for Qualifications process; FY 2011 -12 Operating Budget. EMERGENCY /NON- EMERGENCY: N/A DEPARTMENTAL CLEARANCES: Wastewater FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $2,000,000.00 $4,000,000.00 $6,000,000,00 Encumbered / Expended Amount 0.00 0.00 This item $243,413.00 $243,413.00 BALANCE $1,756,587.00 $4,000,000.00 $5,756,587.00 Fund(s): Wastewater 0 & M (4200) Comments: This project will be funded by the Wastewater 0 & M fund (4200). Sufficient funds are budgeted in the FYI 1-12 Operating Budget in account 530235 (Infrastructure Maintenance) for Year One of this Three Year contract. Funding in future years will be subject to Council appropriation. RECOMMENDATION: City staff recommends that a professional services contract be awarded to Coym, Rehmet & Gutierrez of Corpus Christi, Texas, in the amount of $243,413.00 for the City Wide Large Diameter Sanitary Sewer Cleaning and Inspection Program. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Approvals: Veronica Ocanes, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager -618- \Mproject\councilexhibits \exhE 111 OS dwg • CORPUS C3-(22,2317 23,11 NOTE: CITY WIDE PROGRAM PROJECT # El 1108 LOCATION MAP NOT TO SCALE LARGE DIAMETER SANITARY SEWER CLEANING AND INSPECTION PROGRAM -619- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: loft PROJECT BUDGET Large Diameter Sanitary Sewer Cleaning and Inspection Program (Wastewater O &M 2011 -2012) Project No. E11108 December 6, 2011 FUNDS AVAILABLE: Wastewater O &M (2011 -2014) $6,000,000.00 FUNDS REQUIRED: Cleaning Services - Base Contract (Estimated) $5,686,587.00 Contingency (0 %)* 0.00 Consultant Fees: A/E Consultant (Coym, Rehmet & Gutierrez) 243,413.00 Reimbursements: Contract Administration (Contract Preparation /Award /Admin) 15,000.00 Engineering. Services (Project Mgt/Constr Mgt/Traffic Mgt) 45,000.00 Misc. (Printing, Advertising, etc.) 10,000.00 TOTAL $6,000,000.00 ESTIMATED PROJECT BUDGET BALANCE $0.00 *Project is funded by Wastewater O &M Fund and the Project cost is capped at $2,000,000.00 per year. —620— 37 AGENDA MEMORANDUM for the City Council Meeting of December 6, 2011 DATE: 9/28/2011 TO: Ronald L. Olson, City Manager FROM: Fred Segundo, AAE, Director of Aviati 0 361- 289 -0171 x1216 FredS @cctexas.com CAPTION: Award Multi -Year Contract for Aviation Business Consultant Services Motion authorizing the City Manager or designee to execute a contract with Trillion Av LLC for Aviation Business Consultant Services with effective date of November 8, 2011, with term of one year, with options to extend for up to four additional one year terms, with first year fee not to exceed $90,000.00, based on Statement of Work, BACKGROUND AND FINDINGS: Trillion Aviation has been the Airport's Aviation Business Consultants for the past three years, successfully negotiating and executing the Business Terms & Conditions of Airline Use & Lease Agreements, Rental Car Agreements, Ground Leases, Bond and Financial related reports and implementing new business models , emerging in the Aviation Industry at Small- Medium Hub airports like Corpus Christi. ALTERNATIVES: Continue on a month -to -month with Trillion Aviation as our Aviation Business Consultants, incurring costs on time and materials or hourly rates. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This Professional Services Agreement complies with all City & State Purchasing & Contracting Policies & Procedures, EMERGENCY / NON - EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Director of Aviation -623- Airport Board Assistant Director of Financial Services Assistant City Manager Director of Finance Assistant Director of Management and Budget FINANCIAL IMPACT: Not applicable Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $152,000.00 $152,000.00 Encumbered / Expended Amount $55,291.83 $55,291.83 This item $90,000.00 $90,000.00 BALANCE $6,708.17 $6,708.17 Fund(s): $57,000 was transferred from the Building Maintenance Organization to Administration Organization to align funding for the subject contract. Comments: NONE RECOMMENDATION: The Department of Aviation with consent of the Airport Board, recommends award of contract to Trillion Aviation. LIST OF SUPPORTING DOCUMENTS: Executed Contract — Trillion Aviation Approvals: Lisa Aguilar, Assistant City Attorney Constance P. Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager B .® ES trillion AVIATION MASTER SERVICES AGREEMENT THIS MASTER SERVICES AGREEMENT (the "Agreement ") is made and entered into as of November 8, 2011 (the "Effective Date "), by and between Trillion Av, LLC, ( "Trillion Aviation "), a Texas limited liability company, with offices at 4301 W. William Cannon Drive, Suite B -150, #293, Austin, Texas 78749, taxpayer identification number 27- 4065198, and the City of Corpus Christi acting through the Corpus Christi International Airport ( "City "), a municipal corporation and political subdivision of the State of Texas, with offices at 1000 International Drive, Corpus Christi, Texas 78406, taxpayer identification number 74- 6000574. In consideration of the mutual promises or covenants contained in this Agreement, the parties agree as follows: Services This Agreement establishes the terms and conditions under which Trillion Aviation agrees to provide services to City on specific projects. For each such project, Trillion Aviation and City will enter into a mutually agreeable statement of work, signed by both parties, which will be appended hereto (each a "Statement of Work "). Each Statement of Work will describe the services to be performed by Trillion Aviation (the "Services "), pricing, commencement date of the project and estimated performance period, all of which shall be negotiated independently for each Statement of Work. Trillion Aviation shall not provide any legal services under this Agreement. In the event of a conflict in terms between this Agreement and any Statement of Work, the terms of that Statement of Work shall govern for that engagement only. Term, Termination, and Survival The term of this Agreement shall commence on the Effective Date and shall continue for a one (1) year period, and automatically renews for up to four (4) additional one (1) year extension terms, unless terminated as herein provided. Notwithstanding the foregoing, the Services shall be performed within the term specified in the relevant Statement of Work. Notwithstanding the foregoing, either party may terminate this Agreement at any time with or without cause upon sixty (60) days written notice. Trillion Aviation may terminate this Agreement if City defaults in any payment under this Agreement and does not cure said default within fifteen (15) days after receipt of Trillion Aviation's written notice. In the event of any termination, Trillion Aviation shall be entitled to reimbursement from City for its actual costs incurred, up to and including the date of termination. Any terms of this Agreement which by their nature extend beyond termination of this Agreement shall survive and bind the parties and their successors and assigns. Annual Statement of Work The parties shall develop an annual Statement of Work for each year of the Agreement to identify specific services to be performed by Trillion Aviation, with a not to exceed fee Trillion Aviation / City Page 1 -625- 10/27/2011 cap listed in the Statement of Work. The initial Statement of Work is attached as exhibit to this Agreement. The Director of Aviation and Trillion Aviation shall develop a new Statement of Work for each succeeding year of the Agreement, subject to mutual written approval of the Director of Aviation and Trillion Aviation and subject to appropriation of funds during the City annual budget process. Payment City agrees to pay Trillion Aviation for Services rendered under any Statement of Work pursuant to the pricing information contained in such Statement of Work. Hourly rates shall not increase above $175.00 per hour during the term. Hourly rates may increase by no more than three (3) percent during any extension term of this Agreement. In addition to. Trillion Aviation's fees for Services, City agrees to reimburse Trillion Aviation for all actual expenses incurred in the course of providing Services to City including, but not limited to, travel and ordinary business expenses. Trillion Aviation will bill City on a monthly basis unless agreed otherwise in a Statement of Work. Invoice shall identify number of hours worked and identify project. City shall make payment to Trillion Aviation within thirty (30) days of the date of receipt of Trillion Aviation's invoice. It is agreed that late payments by City will be subject to an interest charge of one (1) percent per month. Payment shall be made to the address set forth in such invoice. Relationship of the Parties Nothing herein contained will be construed to place the parties in the relationship of partners, joint venturers, or principal and agent, and neither party has the power to obligate or bind the other in any matter whatsoever. Trillion Aviation shall not work or assist on any air service development project for the San Antonio International Airport (SAT). Representations and Warranties Trillion Aviation represents and warrants that all Services will be performed in a good and workmanlike manner consistent with good industry practice and in accordance with the specifications for such services provided in the relevant Statement of Work. Except as explicitly stated in this Agreement, neither party makes any warranties and expressly disclaims any and all warranties, expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. City and Trillion Aviation agree that this Agreement is predominantly an agreement for the provision of services. Trillion Aviation shall ensure that all Services and advice provided are in compliance with all applicable Federal grant assurances and applicable rules and regulations of the Federal Aviation Administration. All services shall be in compliance with applicable Local, State, and Federal laws, rules, ordinances and statutes. INDEMNIFICATION TRILLION AVIATION ( "CONSULTANT ") AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ( "INDEMNITEES ") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, EXCEPT Trillion Aviation / City Page 2 -626- 10/27/2011 THOSE CAUSED BY THE NEGLIGENCE OF THE CITY. CONSULTANT MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON AND PAY ALL CHARGES OF ATTORNEY AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONSULTANT UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. Insurance. Trillion Aviation must provide insurance in accordance with the attached insurance exhibit. Notices All notices which are required or may be given pursuant to this Agreement must be in writing and sent to the individual listed below or his successor at the address above first written.. Notices shall be delivered via registered or certified mail, postage prepaid, return receipt required or by a recognized courier service such as Federal Express or UPS, with package tracing capability. Chancre Orders Either party may request in writing that Trillion Aviation make changes, modifications, or enhancements to the Services being provided pursuant to this Agreement ( "Service Changes "). The parties will meet to determine whether they desire for Trillion Aviation to proceed with the making of the proposed Service Change. The parties must provide written approval (a "Change Order ") to authorize the making of the Service Change. Change Orders will constitute part of the specific Statement of Work. Confidentiality; Intellectual Property Trillion Aviation agrees to regard and preserve as confidential all information related to the business and activities of City that may be obtained by Trillion Aviation as a result of performing Services under this Agreement. City agrees to regard and preserve as confidential all information related to the business and activities of Trillion Aviation that may be obtained by City as a result of this Agreement and the performance of Services contemplated hereby, including, without limitation, all information regarding pricing of Services. Both parties agree to hold such information in trust and confidence for the other party and not to disclose such information to any person, firm, or enterprise, or use any such information to its own benefit, or to the benefit of any third party, unless authorized in writing by the party in interest. Information shall not be considered confidential to the extent that such information is: (1) already known free of any restriction at the time it is obtained; (ii) subsequently learned from an independent third party free of any restriction; or (iii) generally available to the public, or required to be disclosed under applicable State or Federal laws.. In the course of performance under this Agreement, Trillion Aviation may use products, materials, tools, and methodologies that are proprietary to Trillion Aviation or to third parties (collectively, "Proprietary items "). City will not have or obtain any rights in such Proprietary Items other than (1) to use them as authorized by Trillion Aviation in writing from time to time solely for purposes of performing its responsibilities under this Agreement. If Proprietary Items are made available to City, they will be made available "AS IS" and without express or implied warranties of any kind. Nothing in this Agreement will preclude Trillion Aviation from marketing, developing, or using for itself or others, services or products that are the same as or similar to those provided to City by Trillion Trillion Aviation / City Page 3 10/27/2011 —627— Aviation pursuant to this Agreement. Furthermore, Trillion Aviation will continue to be free to use its general knowledge, skills, and experience and any ideas, concepts, know - how, and techniques related to the scope of this Agreement and used in the course of performing its obligations hereunder. Governing Law: Venue This Agreement shall be governed by and construed under the laws of Texas, without regard to the provisions of Texas law regarding conflicts of law. The parties hereby submit exclusively to the jurisdiction of, and agree that venue is proper in, any state or federal court of competent jurisdiction located in Nueces County, Texas. Miscellaneous No alteration or modification of this Agreement or any Statement of Work will be binding or effective unless in writing and signed by a duly authorized representative of both Trillion Aviation and City. Without the prior written consent of the other party, which consent will not be unreasonably withheld, neither party may assign its rights or obligations under this Agreement except (1) to Affiliates, or (11) in connection with the sale, merger, or consolidation of its business, or the transfer of all or substantially all of its assets. For purposes of this Agreement, "Affiliate" means, with respect to either party, any entity which directly or indirectly through stock ownership or through other arrangements either controls, or is controlled by, or is under common control with that party. No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any provision of this Agreement is held by final judgment of a court of competent jurisdiction to be invalid, illegal or unenforceable, such invalid, illegal or unenforceable provision shall be severed from the remainder of this Agreement, and the remainder of this Agreement shall be enforced. This Agreement, together with all Statements of Work, constitutes the entire agreement between the parties when executed by duly authorized signatories of Trillion Aviation and City. This Agreement may be executed in any number of counterparts and any party hereto may execute any such counterpart, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. Neither party shall be liable for any default or delay in the performance of its obligations under this Agreement if and to the extent such default or delay is caused, directly or indirectly, by reason beyond the reasonable control of such party. Time is of the essence in performance of this Agreement. WHEREAS, the parties hereto entered into this Agreement as of the Effective Date. TRILLION AV, LLC CITY OF CORPUS CHRISTI By: By: Name: Daniel Ben Name: Title: President Title: Date: 101J-711i Trillion Aviation / City Page 4 —628— Date: Approved as to form: 31, zv►1 Lisa Aguila(J Assistant City Attorney For City Attorney 10/27/2011 STATEMENT OF WORK This Statement of Work No. 1 between Trillion Av, LLC ( "Trillion Aviation ") and the City of Corpus Christi ( "City ") is governed by the Master Services Agreement ( "MSA ") in effect between the parties and, upon execution of this Statement of Work by both parties, is incorporated therein pursuant to MSA Section "Services ". All terms and conditions of the MSA shall apply to this Statement of Work unless clearly stated to the contrary herein. CONTACT DESCRIPTION TRILLION AVIATION: Dan Benzon CITY: Fred Segundo TITLE DESCRIPTION SERVICES TO BE PERFORMED: Certain Negotiation, Development and Implementation projects, Air Service Development, and Financial Compliance Assistance as further described hereunder: 1. Negotiation, Development and /or implementation — (estimated 38 -42 hours per month) - Rental Car -- QTA Agreement - Appraisal completion and review -FBO West RFQ/RFP and Agreement -FBO East RFQ/RFP and Agreement and Tasks for Implementation including fueling, charters, maintenance, ground handling, etc. - Parking Lot privatization assistance -T- Hangar RFQ - Convenience store RFQ - Military fuel bid -Coast Guard ground lease negotiations - Airport Parking Lot Utilization and Pricing Study - Quarterly updates 2. Air Service Development — (estimated 10 -12 hours per month) - Representation at conferences - Meetings with new /enhanced service airlines - Packaging incentives - Industry trends reporting - Airport specific data and analysis - Quarterly airport board briefings 3. Financial Compliance and Planning -- (estimate 5 -7 hours per month) - Non - airline revenue strategies - Rating agency presentation develop and assist -PFCs / CFCs strategy Trillion Aviation / City Page 5 —629— 10/27/2011 The parties hereto accepted and approved this Statement of Work as of the latest date written below and this Statement of Work may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Any signature delivered by facsimile shall be treated for all purposes as an original. TRILLION AV, LLC CITY OF CORPUS CHRISTI By: By: Name: Daniel BetZr Name: Title: President Title: Date: IO /e27 / ti Date: Approvad as to form: 'r' 33I. 24'1 Lisa Aguil Assistant ity Attorney For City Attorney Trillion Aviation / City Page 6 10/27/2011 —630— - Budget planning and variances -Bond covenant analysis PERFORMANCE STANDARDS: Commensurate with the highest industry standards. PRICING: Fee not to exceed $90,000 per duration of the Statement of Work No. 1, based on hourly rate of $175. Expenses: Reasonable travel- related (e.g., airfare, hotel, meals, parking), reimbursement at cost without markup. Anticipated 4 -6 visits by one or more persons Out of scope work, as requested by City, would be billed on time and materials at an hourly rate of $175. COMMENCEMENT DATE: November 8, 2011 DURATION: July 31, 2012 The parties hereto accepted and approved this Statement of Work as of the latest date written below and this Statement of Work may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Any signature delivered by facsimile shall be treated for all purposes as an original. TRILLION AV, LLC CITY OF CORPUS CHRISTI By: By: Name: Daniel BetZr Name: Title: President Title: Date: IO /e27 / ti Date: Approvad as to form: 'r' 33I. 24'1 Lisa Aguil Assistant ity Attorney For City Attorney Trillion Aviation / City Page 6 10/27/2011 —630— INSURANCE REQUIREMENTS A. Trillion Aviation must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Trillion Aviation must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Trillion Aviation through its broker must furnish to the City's Risk Manager a Certificate of Insurance, with applicable policy endorsements showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a waiver of subrogation is required for the General Liability and Workers Compensation policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2: Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury — Advertising Injury $1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY including: 1. Owned Vehicles 2. Hired & Non -owned Vehicles $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL LIABILITY including: Coverage provided must cover officers, directors employees and agents 1. ERRORS AND OMMISIONS $1,000,000 per claim/ $1,000,000 aggregate Defense Costs not included in face value of policy If claims made policy, retro date must be prior to inception of agreement; have extended reporting period provisions and identify any limitations regarding who is an Insured WORKERS' COMPENSATION EMPLOYERS' LIABILITY Applicable to Trillion Aviation's paid employees while on City property WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND SECTION II OF THIS EXHIBIT 500,000/500,000/500,000 Trillion Aviation / City Page 7 —631— 10/27/2011 C. In the event of accidents of any kind caused by Trillion Aviation at or on the Corpus Christi International Airport, Trillion Aviation must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of accident. U. ADDITIONAL REQUIREMENTS A. Trillion Aviation must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of insurance, The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. If coverage not written in accordance with Texas law, All Other States (AOS) endorsement must be indicated on the certificate of insurance. B. Trillion Aviation's financial integrity is of interest to the City; therefore, subject to Trillion Aviation's right to maintain reasonable deductibles, Trillion Aviation shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Trillion Aviation's sole expense, insurance coverage written on an occurrence basis (or a per claim basis for claims made policies) , by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A -VII. C. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # D. Trillion Aviation agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability policies; Trillion Aviation / City Page 8 —632— 10/27/2011 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage initiated by Trillion Aviation, and not less than ten (10) calendar days advance written notice for nonpayment of premium by Trillion Aviation. E. Within five (5) calendar days of the effective date of a suspension, cancellation, or non - renewal of coverage, Trillion Aviation shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Trillion Aviation's performance should there be a lapse in coverage at any time during this contract. Failure to cure a suspension, cancellation, or non - renewal of coverage within a reasonable period and to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Trillion Aviation's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Trillion Aviation to stop work hereunder, and/or withhold any payment(s) which become due to Trillion Aviation hereunder until Trillion Aviation demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Trillion Aviation may be held responsible for payments of damages to persons or property resulting from Trillion Aviation's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Trillion Aviation's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement, except for the City's indemnification obligations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Trillion Aviation / City Page 9 —633— 10/27/2011 38 AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 DATE: 11/17/2011 TO: Ronald L. Olson, City Manager FROM: D. Troy Riggs Chief of Police Appropriating unclaimed monies from the Police Property Room CAPTION: Ordinance appropriating $15,628.25 from abandoned/unclaimed monies from the Police Property Room, changing the FY 2011 -2012 Operating Budget adopted by Ordinance No. 029155 by increasing revenue and expenditures in the General Fund No. 1020 by $15,628.25 each' BACKGROUND AND FINDINGS: Under the Texas Code of Criminal Procedure, Article 18.17, all abandoned or unclaimed property and monies in possession of the police department that are not evidence or contraband may be delivered to the "person designated by the municipality" for disposition. Proper procedure requires that notice be sent to the owner by certified mail, giving 90 days to reclaim the property. If no claim is received, the funds are available for city use and deposited directly into the City Treasury. Proper notification methods under the Code of Criminal Procedure were followed and no claims were received by purported owners of the funds. Therefore the monies are now available for city use. The Police Department will use the funds for equipment to enhance the Property Room and allow for more efficient operations. ALTERNATIVES: OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: EMERGENCY 1 NON - EMERGENCY: Emergency DEPARTMENTAL CLEARANCES: Finance FINANCIAL IMPACT: Operating Expense Fiscal Year: 2011 -2012 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget -637- Encumbered / Expended Amount This item $15,628.25 $15,628.25 BALANCE $15,628.25 $15,628.25 und(s): Veneral, No lice Comments:Ciick here to enter text. RECOMMENDATION: Approval of the appropriation LIST OF SUPPORTING DOCUMENTS: Deposit slip Approvals: Lisa Aguilar, 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 ijs c ° Sr. CAS's ice+ CEIPT Dept: 3 110 D Prepared/Reviewed by lam` c '4 Q Date: 1t., 7 1 Ext: 244'13 • Bank Bag #: 'k FAY CODE ACCOUNT • FUND ORG. PROJECT/ GRANT BUDGET YEAR AMOUNT REMARKS -_ 343 7 0 Ter. �; .4. ]� • •°� A.,544/ -- llligz-e +4 - - -- -- _- - - - -- - CASH VERIFICATION COUNT CURRENCY S I OOs S 50s t $20s a.E7? IN c`` S 5sd. � - $ Is 1`..)a. AMO COIN • 50.50 50.25 50.10 50.05 50.01 CASH SUBTOTAL GITOTAL (include tape) SUBTOTAL CREDIT CARD (include tape) GRAND TOTAL * If you have inserted .a 2 -digit Payment Code in the first column, leave the remaining - columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, . 41 s co $ Ci c..., .. 5o 4` $. 5, -13.-;-*.' ,:., $ � •ru ORDINANCE APPROPRIATING $15,628.25 FROM ABANDONED/UNCLAIMED MONIES FROM THE POLICE PROPERTY ROOM, CHANGING FY 2011 -2012 OPERATING BUDGET ADOPTED BY ORDINANCE 029155 BY INCREASING REVENUE AND EXPENDITURES IN THE GENERAL FUND NO. 1020 BY $15,828.25 EACH BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $15,628.25 from the abandoned /unclaimed monies from the Police Property Room is appropriated in the General Fund No. 1020, changing the FY 2011- 2012 Operating Budget adopted by Ordinance 029155 by increasing revenue and expenditures by $15,629.25 each. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal That the foregoing ordinance was read for the second time and passed finally on this the day of , 2011, by the following vote: Joe Adame John E. Marez Chris N. Adler Nelda Martinez Larry Elizondo Mark Scott Kevin Kieschnick David Loeb Priscilla G. Leal PASSED AND APPROVED, this the day of December, 2011. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED as to form: December S , 2011. By: Alison Logan Acting First Assistant City Attorney 39 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: November 15, 2011 TO: Ronald L. Olson, City Manager FROM: Lawrence Mikolajczyk, Director of Solid Waste Operations LawM(cctexas.com 361-826-1972 Approval of inter -local agreement with the City of Portland for household hazardous waste disposal. CAPTION: Resolution approving an interlocal cooperation agreement with the City of Portland for the disposal of household hazardous waste at the J. C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one -year renewal periods; and authorizing execution of the agreement by the City Manager or designee. BACKGROUND AND FINDINGS: The Cities of Corpus Christi and Portland share a common border on the shorelines of Corpus Christi and Nueces Bays. The majority of residential solid waste from the City of Portland, Texas, is disposed of at the City of Corpus Christi's Cefe Valenzuela Landfill. In the past, Portland residents have not been offered a convenient, economical, and environmentally safe means of discarding household hazardous waste. The absence of customer friendly disposal options increases the likelihood of improper disposal practices. The City of Corpus Christi owns and operates a household hazardous waste collection facility at the J.C. Elliott Transfer Station. The facility is open Monday through Saturday, from 8:00 a.m. to 5:00 p.m., and is available to Corpus Christi residents' use for no additional charge. The City of Portland recognizes the importance of environmental stewardship, and with Corpus Christi, wishes to enter an interlocal agreement to help ensure the proper disposal of household hazardous waste to the benefit of both communities. Fees to be paid by Portland residents are sufficient to recoup all additional costs incurred by the City of Corpus Christi in performance of this agreement. The delivery of household hazardous waste materials must be made to the J.C. Elliott Transfer Station, in conformance with the facility's Site Operating Plan approved the Texas Commission on Environmental Quality (TCEQ). Portland residents must present a valid photo identification card, a City of Portland utility bill dated within two months of the delivery date, and make payment of applicable fees. —649— ALTERNATIVES: 1) The City of Portland could contract with another provider for this service. However, the cost to Portland residents would most likely be substantially higher and would thereby discourage proper disposal of household hazardous waste. 2) City of Portland could do nothing, with potential negative effects on the local environment. OTHER CONSIDERATIONS: This is a logical partnership, and a cost effective solution, that benefits both the Corpus Christi and Portland communities. CONFORMITY TO CITY POLICY: All provisions of the proposed agreement are in conformity with City Policy. EMERGENCY 1 NON- EMERGENCY: Non - Emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations, Management and Budget, Finance FINANCIAL IMPACT: X 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: Impact on the FY 2011 -12 revenues and expenditures is expected to be negligible. When the terms of the agreement are acted upon, fees paid by Portland residents fully offset operating costs incurred by the City of Corpus Christi. RECOMMENDATION: Approve Interlocal Cooperation Agreement between the City of Corpus Christi and the City of Portland LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperation Agreement between the City of Corpus Christi and the City of Portland Approvals: Elizabeth Hundley, Assistant City Attorney Constance P. Sanchez, Interim. Director of Financial Services Eddie Houlihan, Assistant Director of Mana, meet and Budget Juan Perales, Jr., P.E., Assistant City Man §Y City of Portland Household Hazardous Waste Agreement - One year agreement with 19 annual renewal options - Disposal fee of $0.84 per pound plus $10.00 administrative fee for each load/delivery - Special Fees: fire extinguishers — large $50.00 each fire extinguishers — small $25.00 each propane/petro 5 gal. tanks $50.00 each refrigerant .gas tanks $80.00 each Household Hazardous Waste Collection Facility Portland residents will dispose of household hazardous waste at the Corpus Christi's J.C. Elliott ,� Transfer Station, TCEQ registration no. 40228. Fees paid by Portland residents offset handling and disposal costs incurred by the City. of Corpus Christi. Agreement Helps Protect the Environment Our efforts to dispose of motor oil properly, minimize the use of pesticides and fertilizers, and manage the disposal of household hazardous waste are relatively easy and inexpensive ways to protect the environment. INTERLOCAL COOPERATION WASTE DISPOSAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI • AND THE CITY OF PORTLAND Portland Household Hazardous Waste Agmt Final 20111007 Page 1 of 10 -654- TABLE OF CONTENTS Article Subject Page Number 1 General Provisions 3 2 Acceptable Waste 5 3 Fees 5 4 Information and Marketing 6 5 Delivery Procedures 6 6 Governmental Regulation 6 7 Governing Law and Venue . 7 8 Miscellaneous Provisions 7 Exhibit A 10 Portland Household Hazardous Waste Agmt Final 20111007 Page 2 of 10 -655- INTERLOCAL COOPERATION WASTE DISPOSAL AGREEMENT This waste disposal agreement ( "Agreement") is made between the City of Corpus Christi ( "City") and the City of Portland, Texas ( "Portland ") to address the acceptance, processing, and disposal of acceptable household hazardous solid waste brought by Portland residents to the City's J. C. Elliott Landfill's transfer station ('Transfer Station "). This Agreement also requires Portland residents to deliver such waste to the Transfer Station and pay for the disposal of waste accepted by the City under the terms and conditions of this Agreement. This Agreement is made by the parties pursuant to the provisions of the Texas Intergovernmental Cooperation Act, Government Code, Chapter 791, to achieve efficiency in meeting intergovernmental responsibilities. The parties agree to the following: ARTICLE 1. GENERAL PROVISIONS 1.1. Definitions. The following words and phrases have the following meanings when used in this Agreement: Acceptable waste means Household Hazardous Waste but does not include, for the purposes of this Agreement, any other hazardous waste, medical waste, heavy brush, bulky items, clean wood waste, construction/demolition materials, debris, garbage, household appliances, household waste, litter, rubbish, refuse, trash, yard waste, recyclable materials, or unacceptable waste. Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, et seq. CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq. Contract Administrator means, for the purposes of this Agreement, the Director of Solid Waste Operations. Effective Date means the date on which the last party to this Agreement executes this document. Hazardous waste means: (a) Any waste, material, or substance, which by reason of its composition or characteristic is regulated as a toxic or hazardous waste or hazardous sub - stance under applicable laws, including without limitation: (i) The Solid Waste Disposal Act, also known as the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. 6901, et seq., as replaced or amended from time to time, and the rules, regulations, written policies, or written guidelines promulgated the Act (including, without limitation, 40 C.F.R. Section 261.4, which generally excepts household waste from the definition of Hazardous Waste). (ii) The Toxic Substances Control Act, 15 U.S.C., 260, et seq., as replaced or amended from time to time, and the rules, regulations and written policies and written guidelines promulgated the Act. (iii) Any State law or regulation of governing the storage, transportation, and disposal of solid waste, hazardous waste, toxic materials, or Portland Household Hazardous Waste Agmt Final 20111007 Page 3 of 10 -656- hazardous substances, including but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code, Chapter 361, and 30 Texas Administrative Code Chapter 330. (b) Radioactive material, which is source, special, nuclear, or byproducts material within the meaning of the Atomic Energy Act of 1954, as replaced or amended from time to time, and the rules, regulations, and written policies or written guidelines promulgated under the Act. (c) Any other waste, material, or substance, which is characterized or de -fined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA with respect to the Transfer Station or by any other federal or State regulatory agency having jurisdiction over the Transfer Station under any written regulation, policy, guideline, or order having the force of law. (d) Notwithstanding the above, if the TCEQ or USEPA determine by written regulation, policy, guideline, or having the force of law in relation to: (i) A waste, material, or substance, which is not considered toxic or hazardous as of the Effective date of this Agreement, is toxic or hazardous, then the waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, constitutes a hazardous waste for purposes of this Agreement. (ii) A waste, material, or substance, which is considered toxic or hazardous as of the Effective date of this Agreement, is not toxic or hazardous, then such waste, material, or substance shall, from the effective date of the determination by TCEQ or USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement. (e) Notwithstanding the inclusion of the definition of this item, the parties to this Agreement are specifically excluding the acceptance, handling, and disposal of hazardous waste other than household hazardous waste ( "Household Hazardous Waste ") from the provisions of this Agreement. Household Hazardous Waste means hazardous waste accumulated by a residential generator with labels stating "caution," "warning," "danger," or "poison" and consisting of, but not limited to, paint; stains and varnishes; cleaning products; household chemicals; used motor oil and filters; gardening products such as pesticides, insecticides, and herbicides; fire extinguishers; and petroleum and refrigerant tanks. Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited construction /demolition materials commonly generated by a residential household. Transfer Station means the on -site transfer station located at the City's J. C. Elliott Landfill's transfer station in Nueces County, Texas, formally known as the J. C. Elliott Transfer Station, TCEQ Registration No. 40228. Portland means the municipality of Portland, Texas, located in San Patricia County, acting by and through its elected officials and residents subject to its governance. TCEQ means the Texas Commission on Environmental Quality. Portland Household Hazardous Waste Agmt Final 20911007 Page 4 of 10 -657- Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the TCEQ or the Site Operating Plan, or that has been excluded from acceptance under this Agreement. Additionally, for the specific purposes of this Agreement, unacceptable waste also includes bulky items, clean wood waste, construction/demolition materials, debris, garbage, heavy brush, household appliances, litter, medical waste, recyclable materials, refuse, rubbish, trash, yard waste, medical waste, and other hazardous waste (other than acceptable Household Hazardous Waste). USEPA means the United States Environmental Protection Agency. 1.2. Term. 1.2.1. Unless sooner terminated under the terms of this Agreement, this Agreement takes effect upon the authorized signature of the last party signing ( "effective date ") and continues in effect for a term of one (1) year. Following the initial one -year period of this Agreement, the parties may mutually agree to renew and continue this Agreement. Unless notification is sent by a party desiring termination not later than 90 days before the anniversary renewal date of this Agreement, such Agreement will automatically continue for an additional renewal period. This Agreement may be renewed by the parties for an additional nineteen (19) one -year periods following the initial term. ARTICLE 2. ACCEPTABLE WASTE 2.1. Acceptable Waste. 2.1.1. Portland's residents shall deliver only acceptable Household Hazardous Waste. 2.1.2. Any acceptable Household Hazardous Waste co- mingled with other hazardous, medical, or other type of waste will be considered unacceptable waste. 2.1.3. At any time, the City and Portland may mutually agree in writing that any materials which are presently defined as unacceptable waste in Section 1.1. of this Agreement (and similarly excluded from the definition of acceptable waste in Section 1.1) be reclassified as acceptable waste. 2.2. Ownership of Solid Waste. By entering into this Agreement, Portland acknowledges and understands that any Household Hazardous Waste delivered to the Transfer Station by a resident of Portland remains the property of the resident generator, and legal title to the Household Hazardous Waste shall never pass to the City. ARTICLE 3. FEES 3.1. Fees. The fees to be paid by and charged to Portland's residents for the disposal of Household Hazardous Waste are set out in Exhibit A of this Agreement, the provisions of which are incorporated by reference into this Agreement as if fully set out herein in their entirety. 3.2. Changes in Fees. The fees stated in Exhibit A to be charged for disposal of Household Hazardous Waste items may be increased or decreased at any time by the City to meet operational or legal requirements. Additionally, on or about July 1St of each calendar year, the City shall review the fees being charged and determine whether an increase or decrease in the fees is warranted. In the event of an increase or decrease, the City shall inform Portland not less than 10 days in advance, provide the effective date of the change, and shall file an updated Exhibit A with the City's City Secretary's Office and with Portland's City Secretary's Office. By mutual consent of Portland Household Hazardous Waste Agmt Final 20111007 Page 5 of 10 --658- the parties, any properly filed update to Exhibit A of this Agreement shall constitute the new and revised Exhibit A to this Agreement, the terms of which are incorporated by reference into this Agreement, to be made effective for all intents and purposes, without further need to formally amend this Agreement in any other manner. 3.3. Fees from Current Revenues. The parties acknowledge that any fees incurred by each party for the performance of governmental functions or services pursuant to this Agreement shall be paid from current revenues available to the paying party. Both parties also agree that the fees set out in Exhibit A fairly compensate the City for the services to be performed under this Agreement. ARTICLE 4. INFORMATION AND MARKETING 4.1. Dissemination/Sharing of Information. It is the responsibility of Portland under this Agreement to provide public information, press releases, presentations, and any marketing information to its residents in whatever format desirable to Portland (either orally, in printed form, or electronically) that clearly defines what waste is "acceptable waste" pursuant to this Agreement. 4.2. Advance Approval. In an effort to provide the most concise and comprehensive information available regarding Hazardous Waste that is acceptable for disposal by TCEQ and the City, the City reserves the right to approve in advance any public information, in whatever form, used by Portland to promote the operation of the Transfer Station and the disposal services available under this Agreement and offered by the City. Approval of materials by the City may be made by the. Contract Administrator. ARTICLE 5. DELIVERY PROCEDURES 5.1. Delivery Schedule. During the term of this Agreement, Portland's residents may deliver acceptable waste to the Transfer Station during the Transfer Station's normal posted hours of operation. 5.2. Delivery Procedures. 5.2.1. The delivery of solid waste by Portland's residents to the Transfer Station shall be regulated by the provisions of the Site Operating Plan approved by the TCEQ. The terms and conditions in the Site Operating Plan are intended to reflect the actual procedures and operations at the Transfer Station. 5.2.2. The delivery of Household Hazardous Waste by residents of Portland must be made to the Transfer Station. Acceptance of such waste by the City is subject to the presentation by Portland residents of a valid photo identification card, a city of Portland utility bill dated within two months of the delivery date, and payment of the applicable fees, if any, shown in Exhibit A. ARTICLE 6. GOVERNMENTAL REGULATION 6.1. Jurisdiction. The City and Portland both acknowledge that the collection, transportation, and disposal of solid waste is subject to regulation under both federal and State laws, rules, and regulations and subject to the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and the Texas Department of Public Safety. Portland Household Hazardous Waste Agmt Final 20111007 Page 6 of 10 -659- ARTICLE 7. GOVERNING LAW AND VENUE 7.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be under and controlled by the laws of the State of Texas. 7.2. Venue. The sole and exclusive forum for the initial determination of any question of law or fact to be determined in any judicial proceeding relating to this Agreement shall be any court of competent jurisdiction in Nueces County, State of Texas, including the United States District Court for the Southern District of Texas, Corpus Christi Division, unless a provision of law bars such venue or specifies a different venue. ARTICLE 8. MISCELLANEOUS PROVISIONS 8.1. Contract Administrator. The Contract Administrator designated by the City in this Agreement is responsible for approval of all phases of performance and operations under this Agreement. 8.2. Notices. All written notices, reports, and other documents required or permitted under this Agreement must be in writing and are deemed-to have been given when delivered personally or deposited in the mail, postage prepaid, registered or certified mail, return receipt requested, or with a commercial overnight courier addressed to the party to whom notice is being given at the party's address set forth below. Either party may change its address by sending written notice that complies with this section. Portland: City of Portland 1900 Billy G. Webb Road Portland, TX 78374 (361) 777 -4500 Phone 11 (361) 777 -4501 Fax City: City of Corpus Christi Attn: Director, Solid Waste Operations 2525 Hygeia Street Corpus Christi, Texas 78469 -9277 (361) 826 -1965 Phone 11 (361) 826 -1971 Fax 8.3. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item will be actually adopted, that determination being within the sole discretion of the City Council at the time of adoption of each annual budget. The parties also recognize that Portland's continuation of this Agreement is subject to the identical provisions of this section, based on Portland's fiscal year ending date. 8.4. Amendments and Modifications. With the exception of updated and properly filed Exhibit A documents occurring from time to time which may modify the fees applicable to this Agreement, this Agreement may not be amended or modified unless such amendment or modification is contained in an executed, written document which has been duly authorized by the parties. 8.5. Severability. In the event that any of the provisions, portions, or applications of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the City and Portland shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement, and the validity and enforceability of the remaining provisions, portions, or applications of this Agreement are not to be affected by the Portland Household Hazardous Waste Agmt Final 20111007 Page 7 of 10 -660- defect in the provision, portion, or application of the Agreement that was ruled unenforceable or invalid. 8.6. Entire Agreement. This Agreement merges and supersedes all prior negotiations, representations, and agreements between the parties pertaining to the acceptance, handling, and disposal of Household Hazardous Waste. This Agreement and its attached and incorporated exhibits constitute the entire agreement between the parties with respect of the subject matter of this Agreement. Attached and incorporated by reference for all purposes: Exhibit A — disposal fees (EXECUTION PAGE FOLLOWS) Portland Household Hazardous Waste Agmt Final 20111007 Page 8 of 10 —661— AGREED TO BY THE PARTIES: ATTEST: Armando Chapa City Secretary Date: Approved as to form: / l J /p , 2011 r i.L. A k' Elizab,% Hundley fr Assist nt City Attorney for the City Attorney ATTE oyug:ti Annette Hall City Secretary Date: f a rz_k_ 1z0 tr Approved as to form: 1o/ ( /// , 2011 Hal George City Attorney CITY OF CORPUS CHRISTI Ronald L. Olson City Manager Date: CITY OF PORTLAND } Mike Ta City Manager Date: /0/Z0/ Portland Household Hazardous Waste Agmt Final 20111007 Page 9 of 10 -662- Disposal Fees: plus Administrative Fee: EXHIBIT A $0.84 per pound* $10.00 per load /single delivery Additionally, any mandated State and federal fees will also be assessed. * The following items are subject to a separate fee per item, in addition to the Admin Fee: Fire extinguishers — large $50.001ea. Fire extinguishers— small $25.001ea. Propane /petro 5- gallon tanks $50.00/ea. Refrigerant gas tanks $80.001ea. Prices effective upon the date of final execution of the Agreement. Prices are subject to adjustment in accordance with the terms of the Agreement. Portland Household Hazardous Waste Agmt Final 20111007 Page 10 of 10 -663- Resolution approving an interlocal cooperation agreement with the city of Portland for the disposal of household hazardous waste at the J. C. Elliott Transfer Station for an initial term of one year, with up to 19 additional one -year renewal periods; and authorizing execution of the agreement by the City Manager or designee. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. An interlocal cooperation agreement with the city of Portland, Texas, is approved for an initial one -year term and up to 19 additional one -year renewal periods. Furthermore, the City Manager or his designee is authorized to execute the agreement. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: November 29, 2011 Elizab R. Hundley Assis = nt City Attorney for the City Attorney EHres3O2 Portland Household Haz Waste Disp 20111129 Page 1 of 2 —664— Corpus Christi, Texas day of , 2011 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott EHres302 Portland Household Haz Waste Disp 20111129 Page 2 of 2 —665— 40 DATE: TO: AGENDA MEMORANDUM for the City Council Meeting of: Presentation December 6, 2011 Action December 13, 2011 November 30, 2011 Ronald L. Olson, City Manager FROM: Pete Anaya, P.E., Director of Engineering Services petean @cctexas.com (361) 826 -3781 10 Authorization to Execute Construction Contract: Staples Street Phases 1 and 2 from Saratoga to Williams PURPOSE: a. Motion authorizing the City Manager, or designee, to execute a construction contract with Bay, Ltd. of Corpus Christi, Texas in the amount of $15,081,495.80 for Staples Street Phase 1 and 2 from Saratoga to Williams for the Base Bid and Additive Alternates 1, 2, 3, 4, 5, 6, and 7. (Bond 2008) b. Motion authorizing the City Manager, or designee, to execute a professional engineering materials inspection and testing contract with Rock Engineering and Testing Laboratory, inc. of Corpus Christi, Texas in the amount of $177,441.00 for Staples Street Phase 1 and 2 from Saratoga to Williams. (Bond 2008) c. Motion authorizing the City Manager, or designee, to execute a Construction Managementllnspection Services Contract to R. H. Shackelford, Inc., of Corpus Christi, Texas, in an amount not to exceed $286.865.00 for Staples Street Phase 1 and 2 from Saratoga to Williams. (Bond 2008) BACKGROUND AND FINDINGS: Staples Street Phases 1 and 2 were approved by the voters as part of the 2008 Bond Election. This contract will result in the reconstruction of Staples Street between Saratoga and Holly (Phase 1) and between Holly and Williams (Phase 2). This project is proposed to be reconstructed utilizing concrete pavement. Concrete was chosen as the preferred pavement treatment by the City's A/E consultant Freese and Nichols, Inc. and city staff, due to the 30 -year life cycle analysis which concluded concrete as the better value. (See Supporting Documents: Letter of Recommendation). The scheduled work includes curb and gutters, sidewalks, curb ramps, pavement markings, street, storm water, wastewater, and water improvements and traffic control. The recommended award of Additive Alternate No. 7 provides for an accelerated completion schedule to reduce total construction time from 720 calendar days to 540 calendar days The street will be constructed as a five lane undivided arterial street with a nominal width of 70- feet (curb back to curb back). The project will result in construction of four traffic lanes and one continuous left turn lane. Traffic control and project phasing is designed to ensure access to property and to limit the area under construction at any one time. Construction is phased into 25 separate phases with the contractor being required to complete each phase prior to proceeding with another phase. K:IEngineering DataExchangelLyndalStreets12008 Bond lssue16494 & 6495 - Staples lees Streetll AGENDA ITEM. docx Four bids were publically opened Wednesday, November 16, 2011. The total of the base bids and all seven additive alternates ranged between $15,081,495.80 and $20,248,236.50. Base bids ranged between $14,312,846.30 and $20,145,564.85. The Consultant's estimate of cost for the base bid was $13,887,434.00. The low qualified bidder was Bay, Ltd. of Corpus Christi. The contract requires the work be completed within 540 calendar days after notice to proceed. It is anticipated construction will be complete during the summer of 2013. ALTERNATIVES: 1. Award the motion as proposed. 2. Reject all bids (not recommended). FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense ❑ Revenue X CIP FISCAL YEAR: 2011 -2012 Prior Year (CIP Only) Current Year Future Years TOTALS Budget $4,401,300.00 $6,300,100.00 $8,846,300.00 $19,547,700.00 Encumbered /Expended Amt. 1,564,477.84 1,5644,477.84 This item 15,545,801.80 15,545,801.80 BALANCE 2,836,822.16 2,247,420.36 FUNDS:, Street, Storm Water, Wastewater & Water CIP Fund Comments: Due to the fact that Jointed Concrete Pavement (Additive Alternates No. 1 and 4) are being awarded, not all items listed in Additive Alternates No. 2 and 5 will now be required. This will allow the City to issue a future deductive change order in the amount of - $38,196.00. RECOMMENDATION: City staff recommends that the motions be approved as presented. CONFORMITY TO CITY POLICY: The procurement process conforms to the Texas Local Government Code for public works projects, professional services and the FY 2011 -12 Capital Budget. ENGINEERING MATERIALS INSPECTION/TESTING: Engineering material testing, inspection and laboratory testing is required to ensure materials incorporated into the project meet specifications. The contract is based on a fee schedule for various services and tests that will be required. The proposed fee is a not to exceed amount with payment only for actual services utilized. The City will pay the unit rate for services actually performed. The City works with the design consultant to select local engineering materials inspection and laboratory testing firms an a rotational basis for geotechnical services. Rock Engineering was selected to perform geotechnical testing services for the project. They prepared the geotechnical report and pavement design considerations and recommendations, which became the basis upon which Freese and Nichols designed the project. Rock Engineering is recommended for the award of the engineering materials inspection and testing services based upon their familiarity with the project. PROJECT MANAGEMENT AND INSPECTION: R. H. Shackelford, Inc. was one of two firms selected through an RFQ process for indefinite delivery/indefinite quantity for project management and inspection services. R. H. Shackelford, Inc. is recommended due to the proposed personnel for the project having a greater level of experience with project management with street and utility distribution /collection construction projects. The contract is based on full time project management and inspection with a project manager on site 40 hours per week for the duration of the project (540 calendar days). The contract fee is a not to exceed amount. The City will pay only for the actual hours incurred. K:1Engineering DataExchange\LyndalStreets12008 Bond Issue16494 & 6495 - 5t ple StreetllAGENDA ITEM.docx EMERGENCY 1 NON-EMERGENCY: Not Applicable. DEPARTMENTAL CLEARANCES: Not Applicable. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Summary Project Budget Location Map Letter of Recommendation CC; Veronica Ocanas, Assistant City Attorney Constance Sanchez, Interim Director of Financial Services Eddie Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager —671 - K:1Engineering DataExchange1LyndalStreets12008 Bond Issue16494 & 6495 - Staples StreetllAGENDA ITEM.docx TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES -CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Nick Cecava, P 5. FREESE AND NICHOLS, INC. DATE: Wednesday, November 9, 2071 - „m ,....rer.c r runt: riu uarenoaru ENGINEER'S ESTIMATE: $13,047434 Male Rid) STAPLES STREET, PHASE 1 AND PHASE 2 SARATOGA TO WILLIAMS (BOND 2008) CITY PROJECT NO. 6484 AND 6495 Bay, Ltd. P.O. Box 9948 Co , os Christi, Texas 70469 Texas Sterling Construction Co. 20470 FemMesh W. Houston, Teas 77073 Reytec Canehocdon Resources Haas•Andersoe Constr uctio a Lid. 1901 Hd4ster P.O. Box -7092 Houston, TX 77009 C • ... Ch '- Teas 70467 tal Base Bid (Phase i' ,$14 r $15,098,589.10 $20,146,564.85 No.2 Part N - (Phase 1) RTA Bus Stop Pads (5 Each) (Items N1 through N8) $24,520.00 $28,380.00 , 725.00 , 885.00 No.3: Part P -(Phase 1) Electrical Conduit for Future M.I.S. (Items P1 through P3) $48,58t00 $43,443.40 ,, , 786.65 No.4: Part 0 - (Phase 2) Jointed Concrete Pavement (Items 01 through 010) $133,856.25$7,487.20 z3,166.00 No.5: Part R - (Phase 2) RT.A Bus Stop Pads (4 Each) (Items R1 through RS) $19,616.00 . , , $32 580.00 ; 094.00 I No.2: Part S - (Phase 2) Electrical Conduit for Future M.I.S. (Items 21 through 23) $29,629.00 $26 531.40 228 629.00 $31 692 , No.7: Part T - (Phase 1 & 2) Project Completion in 540 Calendar Days (Item T1) $100,000.00 $600 ooa„ sioo ,pp „ , ,.4-;y*. ; v Total Additive Alternates $768 649.50 . $706 , r506.00 10 PROJECT TOTAL J t TOTAL BASE BID + ADDITIVE ALTERNATES NO. 1, 2, 3, 4, 5, 6, & 7 $15,081,495.80 $15,603,484.55 ,' $15,151,095.10 $20,248,236.50 PROJECT BUDGET STAPLES PHASES 1 & 2 SARATOGA TO WILLIAMS (BOND ISSUE 2008) Project No, 6494/6495 December 13, 2011 FUNDS AVAILABLE: Streets CIP (Bond 2008) Storm Water CIP Wastewater CIP Water CIP FUNDS REQUIRED: Construction (Bay, Ltd.) Contingencies (7.5 %) Consultant Fees: Consultant (Freese & Nichols) Basic Fee $916,965 (6.02 %) * Geotechnical Testing (Rock Engineering) Materials Testing (Rock Engineering) Project Mangement/Inspection (R. H. Shackelford, Inc.) Reimbursements: Contract Administration (Contract Preparation /Award /Admin) Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt) Construction Observation Services (Included in Consultant Fee) Finance Administration Misc. (Printing, Advertising, etc.) $11,100,000.00 4,133,500.00 1,143,500.00 3,141,700.00 TOTAL 19,518,700.00 15,081,495.80 1,131,112.19 1,733,317.00 31,490.00 177,441.00 296, 865.00 399,700.00 386,959.00 0.00 181,680.00 50,000.00 TOTAL $19,470,059.99 * Consultant Contract approved by City Council on June 9, 2009 (Motion No. M2009 -162). ESTIMATED PROJECT BUDGET BALANCE $48,640.02 File : \ Mproject \counci!exh \exh6494- 6495.dwg NUECES BAY Chanel 1FI37 ■� !1-1 37 glialkPARD_ - t r cn F ° "41% ras ina ■ 4 V CORPUS CHRISTI BAY F.M. 43 PROJECT LOCATION Phase 2 c0 z PROJECT LOCATION Phase 1 FM 2444 FLOUR BLUFF PROJECT # 6494 & 6495 LOCATION MAP NOT TO SCALE Staples Street, Phase 1 from Saratoga to Holly Staples Street, Phase 2 from. Holly to Williams. 671 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 - — OW NOM I i tromolohrso 800 N. Shoreline Blvd., Suite 1600N Corpus Christi, Texas 78401. 361 -561 -6500. fax 361.561.6501 a www.freese.com November 29, 2011 Pete Anaya, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: Staples Street Phase 1— Saratoga to Holly (Bond 2008) and Staples Street Phase 2 — Holly to Williams (Bond 2008) City Project No. 6494 and 6495 Mr. Anaya: The City of Corpus Christi received sealed bid proposals for the above referenced projects on November 9, 2011 at 2:00 p.m. at the City Secretary's office. Attached is a tabulation of these bid proposals. (Note: The two aforementioned projects were combined together into one construction contract.) Four (4) sealed bids were received for this construction project. All four bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. We performed an analysis of the bids and found one minor arithmetical error in the bid proposal submitted by Reytec Construction Resources. This error, however, did not affect the outcome of the ranking. No other errors or irregularities were noted on the proposal forms. The bid breakdown for each of the four bidders is shown on the attached Tabulation of Bids, and the Base Bids are summarized below: Phase 1— Staples Street from Saratoga to Holly (Project #6494) Phase 2 — Staples Street from Holly to Williams (Project #6495) -675- Pete Anaya, P.E. November 29, 2011 Page 2 of 4 Bidder Bay, Ltd. Texas Sterling Construction Reytec Construction Resources Haas - Anderson Construction, Ltd. Phase 1 $9,031,269.20 $9,443,830.80 $9,428,576.90 $1 2,206,446.75 Phase 2 $5,281,577.10 $5,452,898.75 $5,670,012.20 $7,940,118.10 Total Base Bid $14,312,846.30 $14,896,729.55 $15,098,589.10 $20,146,564.85 There are also a total of seven (7) Additive Alternates for this combined project, as follows: No. 1 (Phase 1) — Jointed Concrete Pavement No. 2 (Phase 1) — R.T.A. Bus Stop Pads (5 Each) No. 3 (Phase 1) — Electrical Conduit for Future M.I.S. No. 4 (Phase 2) — Jointed Concrete Pavement No. 5 (Phase 2) — R.T.A. Bus Stop Pads (4 Each) No. 6 (Phase 2) — Electrical Conduit for Future M.I.S. No. 7 (Phase 1 & 2) — Project Completion in 540 Calendar Days instead of 720 Calendar Days The bid breakout of these additive alternates for each of the four bidders is as follows: Additive Alternate Bay, Ltd. Texas Sterling Construction Reytec Construction Resources Haas - Anderson Construction, Ltd. No.1 $412,447.25 ($33,326.00) J$36,458.00) NO BID* No.2 $24,520.00 $28,380.00 $40,725.00 $50,885.00 No.3 $48,581.00 $43,443.40 $48,239.00 $50,786.65 No.4 $133,856.25 $7,487.20 ($28,166.00) NO BID* No.5 $19,616.00 $34,239.00 $32,580.00 $41,094.00 No.6 $29,629.00 $26,531.40 $28,629.00 $31,692.50 No.7 $100,000.00 $600,000.00 $100,000.00 NO BID* Total Additive Alternates $768,649.50 $706,755.00 $185,549.00 $174,458,15* Total Base Bid plus Additive Alternates No. 1 & 4 (Jointed Concrete Pavement) $14,859,149.80 $14,870,890.75 $15,033,965.10 $20,146,564.85* * No Bid entered by Haas - Anderson Construction, Ltd. for Additive Alternates No. 1, 4, & 7 Bay, Ltd. is the apparent low bidder for this project based on Total Base Bid for Phases 1 and 2. Bay, Ltd. is also the apparent low bidder for this project based on Total Base Bid for Phases 1 and 2 including Additive Alternates #1 and #4 (Jointed Concrete Pavement). -676- Pete Anaya, P.E. November 29, 2011 Page 3 of 4 A life cycle cost analysis (LCCA) was performed using the Federal Highway Administration's "Real Cost" program to compare the two pavement design alternatives for this project. A 30 -year Life Cycle Cost Analysis was performed to compare Hot Mixed Asphaltic Concrete (HMAC) and Portland Cement Concrete. This program considers the initial costs of construction as well as costs incurred for future maintenance activities throughout the projected service life of the roadway. The program then converts total life cycle costs into present day value for cost comparison purposes. The life cycle cost analysis was performed using the total project cost and future anticipated maintenance costs provided by the City. The results are summarized below: Pavement Type Total Life Cycle Cost for 30 Years (Net Present Value) Asphalt $15,537,040.00 Concrete $15,194,310.00 The results show that concrete is $342,730 less than the cost of asphalt using net present values. In addition to life cycle cost, other factors must be considered in the overall pavement selection process. It should be noted that although many contractors have a significantly higher level of asphalt roadway experience, all the contractors who bid concrete pavement have constructed concrete roadways in the past. The challenges with concrete roadway construction require a significantly higher level of construction planning. The strict adherence to the construction planning/phasing will minimize the opportunities for schedule creep. In order to minimize the opportunity for schedule creep, the proposed contract has established $1000 /day in liquidated damages which is significantly higher than that established for other City projects and should serve as a tool for schedule adherence. The proposed contract also allows for extended work hours during nights and on Saturday and Sunday which again should facilitate adherence to project schedule. The proposed contract also sets the time of completion at 540 calendar days instead of 720 calendar days and includes a contractor payment of $100,000 if the project is completed in 540 calendar days. It should also be noted that concrete pavement will require less maintenance costs over its service life and less traffic closures for operation and maintenance which equates to a reduced impact to businesses and citizens. Based on these factors, Freese and Nichols, Inc. (FNI) recommends using concrete pavement for this project. Summarized below is the Total Amount Bid for each of the four bidders for the following recommended scope of work for concrete pavement: Bidder Total Amount Bid Bay, Ltd. $15,081,495.80 Reytec Construction Resources $15,284,138.10 Texas Sterling Construction $15,603,484.55 Haas - Anderson Construction, Ltd. $20,321,023.00* ( *No Bid for AIternate No. 1, 4, & 7) Bay, Ltd. is the apparent lowest Bidder for this project based on the Total Base Bid plus the Additive Alternates No. 1 through 7. Bay, Ltd. has provided all requested documentation (Items A -28, A -29 and A -30) and everything appears to be in order. —677— Pete Anaya, P.E. November 29, 2011 Page 4 of 4 Based on the City's evaluation criteria for this project, Bay, Ltd. is the lowest qualified Bidder, and their Total Amount Bid is within the construction budget. Therefore, FNI recommends that the City award the construction contract for Staples Street from Saratoga to Holly (Project #6494) and Staples Street from Holly to Williams (Project #6495) to Bay, Ltd. of Corpus Christi, Texas in the amount of $15,081,495.80 for the scope of work including: Base Bid (Phase 1) + Base Bid (Phase 2) + Additive Alternate No. Additive Alternate No. Additive Alternate No. Additive Alternate No. Additive Alternate No. Additive Alternate No. Additive Alternate No. 1 (Phase 1) + 2 (Phase 1) + 3 (Phase 1) + 4 (Phase 2) + 5 (Phase 2) + 6 (Phase 2) + 7 (Phase 1 & 2) Please note that, if Jointed Concrete Pavement (Additive Alternates No. 1 & 4) is awarded in conjunction with R.T.A. Bus Stop Pads (Additive Alternates No. 2 & 5), there will be no need for Items Ni through N6 and Items R1 through R6 within Additive Alternates No. 2 and No. 5 respectively. This will result in a reduction of $38,196.00 in the total contract amount. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Nicholas A. Cecava, P.E., CFM g0aww\d % ��of r' + �. . F- r` _ .0 * �� • : *e // o. • NICHOLAS A. CECAVA i ;.°3? 97391 c,;'% (Va _ loNAL Lin" FREESE AND NICHOLS, INC. TEXAS REGISTERED ENGINEERING FIRM F -2144 Attachment: Tabulation of Bids —678— 41 AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 DATE: 11/14/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Servicest CAPTION: StephenD @cctexas.com 361 - 826 -3246 PUBLIC HEARING — CHANGE OF ZONING Mostaghasi Investment Trust (Case No. 1011 -02) PUBLIC HEARING — ZONING Case No. 1011-02: Mostaghasi Investment Trust: The applicant is requesting a change of zoning from the "CN- 1" Neighborhood Commercial District to the "RS -6" Single- family 6 District, resulting in a change of future land use from a commercial use to a low density residential use. The property to be rezoned is 7.297 Acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, Located south of Northwest Boulevard (F.M. 624) and west of County Road 69. PlannincgCommission and Staffs Recommendation: Approval of the change of zoning to the "RS -6" Single - family 6 District. BACKGROUND AND FINDINGS: The applicant's purpose for the rezoning request is to allow site redevelopment for the construction of a single family residential subdivision. Department Comments: • The proposed change of zoning is in an area of vacant land. Vacant and exists to the south and commercial to the west. Across County Road 69 to the west is a low density subdivision. • The addition of another residential subdivision would not be uncharacteristic feature compared to the surrounding uses. • The future land use of the property is designated as commercial. However, if there is a demand for residential homes to be constructed this would be an appropriate use. The proposed project would generate housing opportunities, versus allowing a vacant tract of land to remain unused while in wait for a commercial venture. City Council Executive Summary Memorandum Mostaghasi Investment Trust (Case No. 1011 -02) Page 2 ALTERNATIVES: 1. Denial of the request to modify or change the current zoning from the current "CN -1" Neighborhood Commercial District. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property as commercial use. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan and Northwest ADP both encourage residential development. 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): LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance cc: Deborah Brown, Assistant City Attorney Rudy D. Garza, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget K:1 LegaI \SHARED\LEGAL- DEV,SVCS12011 AgendalNew Folder (2)11011 -02, Mostaghasi Investment Trust, Agenda Memo by AD.docx -682- ZONING REPORT Case No.: 1011 -02 Planning Commission Hearing Date: November 9, 2011 Applicant & Legal Description Applicant/Owner: Mostaghasi Investment Trust Representative: Steve Dean Legal Description/Location: Nueces River Irrigation Park 7.297 Acres out of the east half of Lot 1, Block 2, Located south of Northwest Boulevard (Farm to Market Road 624) and west of County Road 69. Zoning Request From: "CN -1" Neighborhood Commercial District To: "RS -6" Single - family 6 District Area: 7.297 Acres Purpose of Request: To allow for the construction of single family homes. Existing Zoning and Land Uses Traffic Volume 2010 Existing Zoning District Existing Land Use Future Land Use Site "CN -1" Neighborhood Commercial Vacant Commercial North "CG -2" General Commercial Commercial Commercial South "FR" Farm Rural Vacant Low Density Residential East "RS -10" Single- family 10 Low Density Residential Low Density Residential West "CG -2" General Commercial Commercial Commercial ADP, Map & Violations Area Development Plan: The subject property is located in the Northwest Area Development Plan (ADP) and is planned for commercial uses. The proposed change in zoning to the "RS -6" Single- family 6 District is not consistent with the Northwest ADP and the adopted Future Land Use Map. Map No.: 067,050 Zoning Violations: None - Staff's Summary: • Requested Zoning: The purpose of the requested "RS -6" Single - family 6 District is to allow for the construction of single family homes. • Transportation and Circulation: The subject property fronts upon County Road 69, a minor arterial. To the north of the property is Northwest Boulevard (Farm to Market Road 624), a designated primary arterial. 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 2010 County Rd. 69 95' R.Q.W., 64' paved 95' R.O.W., 64' paved Al Arterial N/A Northwest Blvd. 130' R.O.W., 79' paved 130' R.O.W., 79' paved A3 Arterial 28,961 • Relationship to Smart Growth: The proposed change of zoning would increase the housing opportunities for citizens of Corpus Christi. Across County Road 69 is an existing housing development. The proposed change of zoning is not consistent with the future land use of commercial uses. Zoning Report Case #: 1011 -02, Mostaghasi Investment Trust Page 2 • Comprehensive Plan & Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property as commercial use. The proposed change in zoning is not consistent with the adopted Future Land Use Map of the Comprehensive Plan. However, the Comprehensive Plan and Northwest ADP both encourage residential development. Plat Status: Subject property is not platted. Department Comments: • ' The proposed change of zoning is in an area of vacant land. Vacant land exists to the south and commercial to the west. Across County Road 69 to the west is a low density subdivision. • The addition of another residential subdivision would not be uncharacteristic feature compared to the surrounding uses. • The future land use of the property is designated as commercial. However, if there is a demand for residential homes to be constructed this would be an appropriate use. The proposed project would generate housing opportunities, versus allowing a vacant tract of land to remain unused while in wait for a commercial venture. Staff Recommendation: Approval of the change of zoning to the "RS -6" Single - family 6 District. Planning Commission Recommendation: Approval Number of Notices Mailed Total —13 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 0 (inside notification area); 0 (outside notification area) For 0.0% As of November 4, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:1DeveiopmentSvcs\SHAREDI1. Planning Commission12011 PC12011 Zoning ReportslOct. 201IlZoning Case No. I011 -02, Mostaghasi Investment Trust (CN -1 to RS- 6).doc —684— Ordinance amending the Unified Development Code (UDC), upon application by Owner, Mostaghasi Investment Trust, by changing the UDC zoning map in reference to 7.297 Acres out of the east half of Lot 1, Block 2Nueces River Irrigation Park, from the "CN -1" Neighborhood Commercial 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 Mostaghasi Investment Trust, for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 9, 2011, during a meeting of the Planning Commission, and on Tuesday, January 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 7.297 Acres out of the east half of Lot 1, Block 2, Nueces River Irrigation Park, located south of Northwest Boulevard (Farm to Market Road 624) and west of County Road 69, (Zoning Map 067,050) (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. 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.!' day of A167,4n , 2011. borah Walther Br ssistant City Attorney For City Attorney K:1LegaI1SHARED \LEGAL- DEV.SVCS12011 Agenda11011 -02, Mostaghasi Investment Trust111- 29 -11, 1011 -02 Mostaghasi Investment Trust (CNN -1 to RS -6) PC- StaffRecommend.DWBFinal. 6 W- Page 3 of 3 Corpus Christi, Texas day of . , 2411 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it . is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Joe Adame Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Larry Elizondo, Sr Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K:1 LegalkSHAREDILEGAL- DEV.SVCS12011 Agenda11011 -02, Mostaghasi investment Trust111- 29 -11, 1011 -02 Mostaghasi investment Trust (CN -1 to RS -6) PC- StaffRecommend.DWBFinaLB8 7_ RN- IMO `E R wA. y R `ROCK- DR NNECE$ RIVER IRRIGATION PARK NUE<CE$ RIMER IRRIGA.TIQ:N PARK 10/26/20ff Prepared By: SRR Department of Development Services CASE: 1011 -02 Exhibit A Planning Commission & Staff Recommendation From: "CN-1" Neighborhood Commercial (LOCATION MAP 42 AGENDA MEMORANDUM for the City Council Meeting of January 10, 2012 DATE: 11/14/2011 TO: Ronald L. Olson, City Manager FROM: Stephen Draper, Director, Department of Development Services StephenD @cctexas.com 361- 826 -3246 PUBLIC HEARING— CHANGE OF ZONING Elbas Land Development, Ltd. (Case No. 1011 -03) CAPTION: PUBLIC HEARING — ZONING Case No. 1011 -03: Elbas Land Development, Ltd.: 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, without a change of future land use. The property to be rezoned is Assessors Map 138-A, Block 138 -A, 8.51 Acres of Lot 1 and Assessors Map 138 -A, Block 138-A, 9.24 Acres of Lot 1, south of the intersection of Up River Road and Wood Creek Drive. Planning Commission and Staff's Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. BACKGROUND AND FINDINGS: The applicant's purpose for the rezoning request is to allow site redevelopment for the construction of a single family residential subdivision. Department Comments: • The proposed change of zoning is entirely surrounded by single - family zoning and low density residential land uses. • The proposed change would be consistent with the future land use and not cause a non - conformity. • The smaller Tots will provide opportunities to construct additional homes than those on the standard 6,000 square foot lots. • A change of zoning was granted to the "RS -4.5" Single - family 4.5 District in June of 2010 for the adjacent tract of land to the east. ALTERNATIVES: 1. Denial of the request to modify or change the current zoning from the current "RS -4.5" Single - family 4.5 District City Council Executive Summary Memorandum Elbas Land Development, Ltd. (Case No. 1011 -03) Page 2 OTHER CONSIDERATIONS: 49 public notices were mailed to the land owners within 200 feet of the subject property as required by state statute. 2 notices were returned in opposition of the change of zoning. Each of the 2 land owners own respectively 7.26% and 12.86% of the property within the 200 foot notice area. Therefore with a percentage of 20.12% is in opposition, a super - majority vote of approval by City Council is required. CONFORMITY TO CITY POLICY: The Comprehensive Plan and the Northwest 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 Northwest ADP both encourage residential development. 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): LIST OF SUPPORTING DOCUMENTS: • Zoning Report • Ordinance cc: Deborah Brown, Assistant City Attorney. Rudy D. Garza, Assistant City Manager Eddie Houlihan, Assistant Director of Management and Budget K:1LegalISHARED \LEGAL- DEV.SVCS\2011 Agendall 011-03 Elbas Land Deveiopment11011 -03 Elbas Land Development, LLC, Agenda Memo, by AD.docx -692 -- ZONING REPORT Case No.: 1011 -03 Planning Commission Hearing Date: November 9, 2011 Applicant/Owner: Elbas Land Development, Ltd. g 2 Representative: J. Schwarz & Associates, Inc. c.1 tte a •c Legal Description/Location: Assessors Map 138 -A, Block 138-A, 8.51 Acres of Lot 1 .and .8 Assessors Map 138 -A, Block 138-A, 9.24 Acres of Lot 1, south of the intersection of Up River A Road and Wood Creek Drive. • o N g From: "RS -6" Single- family 6 District To: "RS -4.5" Single- family 4.5 District Area: 14.13 Acres Purpose of Request: To allow for the construction of single family homes. 0 GC qmi Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single - family 6 Vacant North "RS -6" Single - family 6 Low Density Residential South "RS-6" Single - family 6 Vacant East "RS -6" Single - family 6 Public /Semi - public Low Density Residential Low Density Residential Low Density Residential Public /Semi- public West "RS -6" Single- family 6 Vacant Low Density Residential/Commercial Area. Development Plan: The subject property is Iocated in the Northwest 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 is consistent with the Northwest ADP and the adopted Future Land Use Map. Map No.: 061,049 Zoning Violations: None Staffs Summary: • Requested Zoning: The purpose of the requested "RS -4.5" Single- family 4.5 District is to allow for the construction of single family homes. • Transportation and Circulation: The subject property fronts upon Creek View Drive, a local street, and Jefferson Road, a local street. In less than a quarter of a mile to the north is access to Up River Road, a designated collector 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 Creek View Dr. 50' R.O.W., 28' paved 50' R.O.W., 28' paved Local N/A Up River Rd. 60' R.O.W., 40' paved 60' R.O.W., 40' paved Collector N/A • Relationship to Smart Growth: The proposed change of zoning will allow an increased capability of constructing homes. Existing infrastructure wiII 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 & Flour Bluff Area Development Plan Consistency: The Comprehensive Plan and the Northwest Area Development Plan (ADP) slates the subject property for low density residential uses. The =posed change in zoning is consistent with the Zoning Report Case #: 1011 -03, Elbas Land Development, Ltd. Page 2 adopted Future Land Use Map of the Comprehensive Plan. The Comprehensive Plan and Northwest ADP both encourage residential development. Plat Status: Subject property is not platted. Department Comments: • The proposed change of zoning is entirely surrounded by single - family zoning and low density residential land uses. • The proposed change would be consistent with the future land use and not cause a non - conformity. • The smaller lots will provide opportunities to construct additional homes than those on the standard 6,000 square foot lots. A change of zoning was granted to the "RS -4.5" Single - family 4.5 District in June of 2010 for the adjacent tract of land to the east. Staff Recommendation: Approval of the change of zoning to the "RS -4.5" Single - family 4.5 District. Planning Commission Recommendation: Approval A concerned land owner within the 200 foot noticed area, who was in opposition to the case, raised a concern about storm water management and the potential flooding due to development of the area. Number of Notices Mailed Total — 49 within 200' notification area; 0 outside notification area Favor — 0 (inside notification area); 0 (outside notification area) Opposition — 2 (inside notification area); 0 (outside notification area) For 20.12% As of November 9, 2011 Attachments: 1. Site — Existing Zoning, Notice Area, & Ownership map K:1DevelopmentSvcs45HAREDI1. Planning Commission12011 PC1201I Zoning ReportslOct. 2011\Zoning Case No. 1011-03, Elbas Land Development (RS-6 to RS- 4.5).doc -694- Ordinance amending the Unified Development Code (UDC), upon application by Owner, Elbas Land Development, Ltd., by changing the UDC zoning map in reference to property legally described as Assessors Map 138 -A, Block 138-A, 8.51 Acres of Lot 1 and Assessors Map 138 -A, Block 138 -A, 9.24 Acres of Lot 1, from the "RS -6" Single- family 6 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 Elbas Land Development, Ltd., for amendment to the City of Corpus Christi Unified Development Code (UDC) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, November 9, 2011, during a meeting of the Planning Commission, and on Tuesday, January 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 property legally described as Assessors Map 138 -A, Block 138 - A, 8.51 Acres of Lot 1 and Assessors Map 138 -A, Block 138 -A, 9.24 Acres of Lot 1, located south of the intersection of Up River Road and Wood Creek Drive, with no resulting change in future land use. (Zoning Map 061,049) (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. 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 City Secretary Joe Adame Mayor, City of Corpus Christi APPROVED AS TO FORM: This 62 day of 6 `�, 2011. borah Walther Bro Assistant City Attorney For City Attorney iC: ILega11SHAREDILEGAL- DEV.SVCS12011 Agenda11011 -03 Elbas LArltd Development111- 29 -11, 1011 -03 Elbas Land Development (RS -6 to RS -4,5) PC- StaffRecommendDWBFinal,dvo b — Page 3 of 3 Corpus Christi, Texas day of , 2011 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 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 Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal David Loeb John E. Marez Nelda Martinez Mark Scott K,1 Lega llSHAREDILEGAL- DEV.SVCS12011 Agenda11011 -03 Elbas Land Development111 -29- 11,1011 -03 Elbas Land Development (RS -6 to RS -4.5) PC- StaffRecomrnendDWBFinal, 97 CASE: 1011-03 Exhibit A Planning Commission & Staff Recommendation To: "RS-4.5" Single-family 4.5 43 AGENDA MEMORANDUM for the City Council Meeting of December 13, 2011 DATE: November 23, 2011 TO: Ronald L. Olson, City Man FROM: Gustavo Gonzalez, P.E. gustavoGo @cctexas.com 361 -826 -1874 UPDATE TO CITY COUNCIL -- Regional Water Planning Process STAFF PRESENTER(S): Nam a Title /Position 1. Gustavo Gonzalez, P.E. Director 2. 3. OUTSIDE PRESENTER(S): Name 1. Kristine Shaw 2. Carola Serrato 3. BACKGROUND: Department Water Operations Title /Position Organization Project Engineer HDR Engineering, Inc. Executive Director South Texas Water Authority This presentation gives an overview of the Regional Water Planning Process, the participants and some of the projects that were recommended Water Management Strategies included in the 2011 Regional Water Plan. LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) PowerPoint -- Regional Water Planning Process Approvals: Eddie. Houlihan, Assistant Director of Management and Budget Juan Perales, Jr., P.E., Assistant City Manager .-�:T::, .`a M-.$t1�.. _ .a.�Sis�r.,s -�su.ra_�lriR�.i►��11� ,i :.��:. 2011 C Bend Regional Water Plan f December Water Planning in Texas 16 planning - an Anton -Nuene Caas Basin - -- - - Nuet regions g. - - • Appointed F 8.n p u ��"s� Source of above image: l a n n i n g group � i ���, TWDB R•iwRl.. Richo• _. members �,.•.w�. - R..m s ro zo•.le. • Nu Re de i o n N o s Ria Grande -C.rtk.MRko.Fp.hx g Coast B�s,n _an.9� . .ati e- consists of 11 = • counties 1 Summary of Senate Bill 1 Regional Planning Process Assessment of Assessment of Projected Current Demands Supplies G Assessment of Projected Needs C- (Shortages) U r a U Technical Evaluation of Water Management Strategies Formulation and Evaluation of Regional Water Plan Summary of Major Wholesale Water Provider Needs • Municipal needs are prioritized and fully met through Year 2060 • Treated water supply shortages are addressed with proposed O. N . Stevens WTP improvements • Raw water shortages are addressed with new water management strategies (wms) City and Wholesale Water Supply Needs 2011 Plan Type of Shortage Year 2030 Year 2060 Treated Water 20,528 Ac-ft 62,255 Ac-ft Raw Water 582 Ac-ft 45,259 Ac-ft Water Management Strategies in 2011 Plan fully addresses needs Recommended Water Management Strategies (WMS) Recommended WMS • Manufacturing Water • Nueces Off-Channel Reservoir Conservation • Gulf Coast Aquifer Groundwater • O.N . Stevens WTP Supplies Improvements • Lavaca River Diversion and Off- • Mary Rhodes Phase II (Garwood) Channel Reservoir Alternative WMS •CCR/LCC Pipeline •Brackish Groundwater Desalination •Stage II Lake Texana (Palmetto Bend) •Seawater Desalination Comparison of Water Management Strategies $2,000 I I Federal Projects I I $1,696 with Ecosystem Water I I Benefits&Water I I Supply upply I I I I I I I $1,027 $1,000 I $977 $826 $775 $853 I I $715 $588 $500 I $326 I I � I I i I 1 H I I o I I +� $0 I OL L L U T c yc D U a o c ai O f6 O <C N 01 L l6 R N N 0 N R N L N _ R Q > v C C Q- 'C •- f6 > N Vl d 0 U fn IY - C 0 7 ; Q R d N �.p W L fC ,; N U N R L 7 V R N 7 w O L D U C y C'J C j y s ; C9 > i is L <a 0 E U Q -J N y N Y V V > f6 w V R R •p 3 v O Other Special Studies Evaluated in 2011 Region N Plan • Reservoir operations and water quality/blending of additional water supplies for potential delivery through the MRP • Optimization and Implementation Studies for Nueces Off-Channel Reservoir • Channel Loss Study to further evaluate CCR/LCC Pipeline • Integrating a Water Quality Component for the City's Reservoir System in the Corpus Christi Water Supply Model Summary • CBRWP Group — appointed stakeholders tasked with identifying water management strategies (WMS) • WMS and Studies compiled recently for 2011 Plan. • Plan will be updated in 2016 • Actions by water providers will be needed to implement strategies. • CBRWP Group develops plan — does not implement any WMS. Meeting Future Demands Next Steps • Develop integrated water management scenarios using a combination of strategies • Develop metrics to weigh the scenarios against one another • Conduct financial analysis and look for funding opportunities to minimize impact to the rate payers • Draft a long term implementation plan 44 AGENDA MEMORANDUM . for the City Council Meeting of December 13, 2011 . DATE: TO: FROM: December 1, 2011 Ronald L. Olson, City Manager Rudy Garza, Interim ACM 361 - 826 -3082 RudyGa @cctexas.com UPDATE TO CITY COUNCIL — Backflow Prevention Program STAFF PRESENTER(S): Name 1. Gustavo Gonzalez, P.E. 2. Stephen Draper 3. Rudy Garza OUTSIDE PRESENTER(S): Name 1. 2. 3. BACKGROUND: This is a presentation on the current requirements of the Backflow Prevention Program. Title /Position Director Director Interim ACM Title /Position Department Water Operations Development Services Department Business Support Services Organization LIST OF SUPPORTING DOCUMENTS: (E.g. PowerPoint, report) PowerPoint — Backflow Prevention Program Approvals: Eddie Houlihan, Assistant Director of Management and Budget Rudy D. Garza, Assistant City Manager —7.13— backflow Prevention and Irrigation Systems December 13th. 2011 B ackground Backflow Prevention Program established as a result of TCEQ agreed order 1998 Administered and managed within Development Services under the International Plumbing code o, Defined as Hazardous and non -hazardous Statistics Total Backflow Permits 2,527 • Commercial permits • Irrigation 1401. • Non irrigation 2093 • Fireline Permits 702 • Residential Permits • Irrigation 7965 • Swimming Pools 366 TCEQ Regulations 290.44(h)(1) No water connection from any public drinking water supply system shall be allowed to any residence or establishment where an actual or potential contamination hazard exists unless the public water facilities are protected from contamination. 290.44(h)(5) The use of backflow prevention assembly at the service connection shall be considered as additional backflow protection and shall not negate the use of backflow protection on internal hazards as outlined and enforced by local plumbing codes. 290.44(h)(4) All backflow prevention assemblies that are required according to this section and associated table located in 290.47(i) of this title shall be tested upon installation by a recognized backflow prevention assembly tester and certified to be operating within specifications. Backflow prevention assemblies which are installed to provide protection against health hazards must also be tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester. Policies o. Permits are required for a new Backflow Prevention installation. $100.00 fee Owner required to submit an annual inspection by certified tester 30 Day notice before annual inspection due o. Second notice goes out on due date. If no contact is made with the .customer -Proceed with legal referral to prosecutor Options Change the criminal penalties to administrative ► Maintain the current inspection testing as prescribed. ► Change the frequency of inspections. 10, Establish a maximum inspection and testing fee. r Change requirements for residential only �' 45 NO ATTACHMENT FOR THIS ITEM ��,.__ _ - .,x� e �y. 2 2� ,2� �� -- 0 I LA 5 »me 2 $ 4/ t 2 2 • • 92 e a AJ ƒ r }ems mz 'a -& a d , r \ a m 2 «_ a m m! <N