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Home My WebLink AboutAgenda Packet City Council - 11/17/2015Tuesday, November 17, 2015 Corpus Christi Meeting Agenda - Final City Council 11:30 AM 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers 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 12:00 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 ingl6s es limitado, habra un interprete ingl6s-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Nelda Martinez to call the meeting to order. B. Invocation to be given by Pastor David Bendett, Rock City Church. C. Pledge of Allegiance to the Flag of the United States to be led by Terry Teri, Assistant Director of Municipal Court. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 15-1314 Resolution in support of Law Enforcement Attachments: 11-6-15 RESOLUTION IN SUPPORT OF LAW ENFORCEMENT (2) 2. 15-1305 Proclamation declaring November 19, 2015, the American Cancer Society's "Great American Smokeout". Proclamation declaring November 14-22, 2015, "National Hunger and Homelessness Awareness Week". Proclamation declaring December 1, 2015, "World AIDS Day 2015". Commendation presented to Noreen Hammerick - Shining Example of "Leave It Better Than You Found It". Corpus Christi Page 1 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. CITY HALL SECURITY UPGRADES - Senior Officer Denise Pace, Corpus Christi Police Department b. OTHER H. MINUTES: 3. 15-1308 Regular Meeting of November 10, 2015 Attachments: Minutes - November 10, 2015.pdf I. BOARD & COMMITTEE APPOINTMENTS: 4. 15-1306 Building Standards Board Citizens Advisory Health Board Corpus Christi Business and Job Development Corporation (Type A) Reinvestment Zone No. 2 Attachments: Building Standards Board.pdf Citizens Advisory Health Board.pdf Corpus Christi Business and Job Development Corporation.pdf Reinvestment Zone No. 2.pdf Corpus Christi Page 2 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 J. 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. K. CONSENT AGENDA: (ITEMS 5 - 19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances 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. 5. 15-1067 Purchase of Emulsified Polymerized Asphalt for use in street sealcoating Motion authorizing the City Manager, or designee, to enter a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Event 75, based on only bid, for an estimated 6 -month expenditure of $349,450.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2015-2016. Attachments: Agenda Memo - Emulsified Polymerized Asphalt.docx Bid Tabulation - Emulsified Polymerized Asphalt.xlsx 6. 15-1213 Resolution approving a Developer Participation Agreement for the City's cost to extend North Oso Parkway located east of Ennis Joslin and north of Wooldridge Road Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $304,508.60 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. Attachments: Agenda Memo - Oso View Resolution - Oso View Location Map - Oso View Participation Agreement 7. 15-1187 Engineering Contract for McBride Lift Station and Force Main Corpus Christi Page 3 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 Improvements Motion authorizing the City Manager or designee to execute an engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. Attachments: Agenda Memo - McBride LS Prosect Budget - McBride LS.xls Location Map 1 - McBride LS.pdf Location Map 2 - McBride LS.pdf Presentation - McBride LS Contract - McBride LS 8. 15-1247 Resolution to approve repair and completion of preventative maintenance of the LED lighting system on the Harbor Bridge Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. Attachments: Agenda Memo - Harbor Bridge Repairs.docx Resolution - Sole Source LED Lights Harbor Bridge.docx Agreement(Signed) - Harbor Bridge LED Lighting System Repairs.pdf Advanced Funding Agreement - Harbor Bridge Repairs 9. 15-1267 Resolution authorizing the submission of a grant application to the Governor's office for the Defense Economic Adjustment Assistance Grant (DEAAG) program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. Attachments: Agenda Memo - DEAAG Application Nov 2015 Resolution - DEAAG application DEAAG Admin Rules Presentation - DEAAG Application 10. 15-1249 Second Reading Ordinance - Rezoning Property located at 9001 Leopard Street (1st Reading 11/10/15) Case No. 0915-07 City of Corpus Christi: A change of zoning from the interim "FR" Farm Rural District after annexation to the permanent Corpus Christi Page 4 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 zoning district of "IH" Heavy Industrial District. The property is described as being a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "IH" Heavy Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), by changing the UDC Zoning Map in reference to a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Attachments: Agenda Memo - SKB Ordinance - SKB PC Final Report - SKB Location Map - SKB 11. 15-1250 Second Reading Ordinance - Rezoning of seven newly annexed properties in Industrial District No. 1 (1st Reading 11/10/15) Case No. 0915-08 City of Corpus Christi: A change of zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District. The properties to be rezoned are described as Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked Corpus Christi Page 5 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the re -zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District on Tracts 1-7. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for seven tracts of land described and owned as follows: Tract 1:. ABTEX Brinkerhoff Oil Co. (1.09 acres); Tracts 2 and 3: Coastal State Petroleum Co. (0.96 and 0.58 acres); Tracts 4 and 5: Coastal Liquids Partners LP (0.10 and 0.92 acres); Tract 6: Exxon Pipeline Co. (0.18 acres); and Tract 7: Koch Gathering Sys Inc. (0.25 acres), by changing the UDC Zoning Map in reference to the seven tracts encompassing 4.08 acres of land, more specifically described by City Council Ordinance 030640, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Corpus Christi Page 6 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 Attachments: Agenda Memo - City of CC Indust Distr 1 Ordinance - City of CC Indust Dist 1 PC Final - Report -City of CC Indust Dist 1 Location Map - City of CC Indust Dist 1 12. 15-1244 Second Reading Ordinance - Accepting and appropriating State grant funds for the 16th program year of the Violence Against Women Act (VAWA) program within the Police Department (1st Reading 11/10/15) Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. Attachments: Agenda memo - VAWA approp 11.10.2015 Ordinance - VAWA Grant Award letter - VAWA Grant Yr16 13. 15-1196 Second Reading Ordinance - Accepting and appropriating grant funds for CPR training of graduating seniors within Corpus Christi Independent School District (CCISD) (1st Reading 11/10/15) Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. Attachments: Agenda Memo - NuStar Energy Grant 2015 - Fire.docx Ordinance - NuStar Grant 2015 - Fire.docx 14. 15-1214 Second Reading Ordinance - Reimbursement agreement for the construction of water arterial transmission and grid main line located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road (1st Reading 11/10/15) Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement Corpus Christi Page 7 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 agreement ("Agreement") with MPM Development, L.P., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $79,747.60 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Attachments: Agenda Memo - MPM Development, LP -Parkview Unit 1 Ordinance - MPM Development, LP -Parkview Unit 1 Location Map - MPM Development, LP -Parkview Unit 1 Reimbursement Agreen 15. 15-1216 Second Reading Ordinance - Closing a portion of a utility easement located east of Fort Worth Street and South of Campbell Street (1st Reading 11/10/15) Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1 B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. Attachments: Agenda Memo - Driscoll Children's Hospital Ordinance with Exhibits - Driscoll Children's Hospital Location Map - Driscoll Children's Hospital 16. 15-1217 Second Reading Ordinance - Appropriating funds to continue construction/safety enhancements/safety modification for Runway 17/35 at Corpus Christi International Airport (1st Reading 11/10/15) Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. Attachments: Agenda Memo - FAA Grant No. 49 Amendment 1 Ordinance - FAA Grant No. 49 Amendment 1 FAA Letter - Grant 49 Amendment 17. 15-1218 Second Reading Ordinance - Appropriating funds to continue construction/runway safety for Runways 17/35 and 13/31 at Corpus Christi International Airport (1st Reading 11/10/15) Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct Corpus Christi Page 8 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. Attachments: Agenda Memo - FAA Grant No. 50 Amendment 2 & 3 Ordinance - FAA Grant No. 50 Amendment 2 & 3 FAA Letter - Grant 50 Amendment 2 & 3 18. 15-1239 Second Reading Ordinance - Approving the Proposed 2016 Annual Audit Plan (1st Reading 11/10/15) Ordinance to approve the 2016 Annual Audit Plan Attachments: Agenda Memo - Annual Audiit Plan 2016 Ordinance - 2016 Annual Audit Plan Exhibit A - Proposed 2016 Annual Audit Plan Presentation - Audit Plan 19. 15-1293 Second Reading Ordinance - Accepting and Appropriating Partial Reimbursement for Election Services Overbilling (1st Reading 11/10/15) Ordinance accepting payment from Nueces County in the amount of $73,616.52 as partial reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2015-2016 operating budget adopted by Ordinance 030620 to increase revenues and expenditures by $73,616.52. Attachments: Agenda Memo - Election Services Reimbursement.pdf Ordinance - Election Services Reimbursement.pdf L. EXECUTIVE SESSION: (ITEMS 20 - 24) 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. If 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 officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 20. 15-1303 Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. Corpus Christi Page 9 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 21. 15-1291 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to economic development agreements, industrial district agreements, entities that are signatories to the City's industrial district agreements, annexation, and disannexation, and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to some or all of the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect. 22. 15-1319 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to conveyance, lease, and sale of City property and pursuant to Texas Government Code § 551.072 to discuss and deliberate the purchase, exchange, lease, and value of real property located at 5151 McArdle Road known as Mt. Vernon Park when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. 23. 15-1318 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation and other legal matters related to Municipal Court, including Nora Rodriguez v. City of Corpus Christi, Rene Mendiola, et al v. City of Corpus Christi, et al, Frances Rios v. City of Corpus Christi, et al, and Michael Cantu v. City of Corpus Christi; and Patrick Gonzales v. City of Corpus Christi, et al. 24. 15-1338 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Interstate 37, State Highway 286, U.S. Highway 181, and existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways. M. PUBLIC HEARINGS: (ITEMS 25 - 26) 25. 15-1242 Public Hearing and First Reading Ordinance - Street Closure for a portion of Hacala Street which is located east of Greenwood Drive, south of Frio Street and west of Martin Street Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and requiring the owners, Corpus Corpus Christi Page 10 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 Christi Independent School District, and Seaside Builders, LLC to comply with specified conditions. Attachments: Agenda Memo - Hacala Street Ordinance with exhibits - Hacala Street Location Map - Hacala Street 26. 15-1285 Public Hearing and First Reading Ordinance - Rezoning Property Located at 6810 South Staples Street (FM 2444) Case No. 1015-01 Golden Real Estate and Construction Consulting Group, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property to be rezoned is described as being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. Planning Commission and Staff Recommendation (October 21, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, 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; and providing for a repealer clause and publication. Attachments: Agenda Memo - Golden Real Estate & Consulting.docx Ordinance - Golden Real Estate & Construction.pdf Zoning Report - Golden Real Estate and Construction.pdf Locatoin Map - Golden Real Estate & Construction.pptx N. REGULAR AGENDA: (ITEM 27) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 27. 15-1266 Resolution requesting Corpus Christi Regional Transportation Authority Forensic Audit Corpus Christi Page 11 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority's finances and accounting practices. Attachments: Agenda Memo - RTA Audit Resolution authorizing letter requesting RTA audit 11-10-15 Letter RE - RTA Audits O. FIRST READING ORDINANCES: (ITEMS 28 - 29) 28. 15-1253 First Reading Ordinance - Exemption from the Wastewater Acreage/Lot Fees for property located east of Flour Bluff Drive and north of Ramfield Road within the Flour Bluff Service Area Ordinance exempting the Layton Manor, Block 1, Lot 4 property located east of Flour Bluff Drive and north of Ramfield Road, from the payment of the wastewater lot/acreage fees under section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - Layton Manor, Block 1, Lot 4 Ordinance with Agreement - Layton Manor, Block 1, Lot 4 Letter - Layton Manor Wastewater Exemption Request Location Map - Layton Manor 29. 15-1255 First Reading Ordinance - Accepting grant funds to benefit the Corpus Christi Fire Department's WebEOC Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $10,000 for the benefit of the City's WebEOC operations; and appropriating $10,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. Attachments: Agenda Memo - RAC Ordinance - RAC P. FUTURE AGENDA ITEMS: (ITEMS 30 - 34) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 30. 15-1245 Aviator Memorial Donation Agreement for Ropes Park Motion authorizing the City Manager or designee to execute an agreement with NAS Corpus Christi Aviator Memorial Association for the donation and acceptance of the aviator statue made by Total Statue to Corpus Christi Page 12 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 be placed in Ropes Park. Attachments: Agenda Memo - Aviator Memorial Agreement Agreement - Aviator statute FINAL 31. 15-1248 Approval of a Developer Participation Agreement for the City's cost to extend Brooke Road located along Airline Road, east of Cimarron Boulevard and south of Saratoga Boulevard (SH 357) along Airline Road, south of Saratoga Boulevard (SH 357) and east of Cimarron. Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, LP., ("Developer"), to reimburse the Developer up to $77,536.80 for the City's share of the cost to extend Brooke Road, in accordance with the Unified Development Code. Attachments: Agenda Memo - Bordeaux Place Unit 5 Resolution - Bordeaux Place Unit 5 Location Map - Bordeaux Place Unit 5 32. 15-1251 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in Nottingham Acres Subdivision Resolution authorizing the City Manager or his designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 31 lots in the Nottingham Acres Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Attachments: Agenda Memo -Nottingham Acres Resolution and Notingham Acres OCL Water Contract Location Map - Nottingham Acres Unit 1 33. 15-1290 Professional Services Contract for Wastewater Treatment Plant Consolidation Program Development Motion authorizing the City Manager or designee to execute a professional services contract with Stantec Consulting Services, Inc. of San Antonio, Texas in the amount of $1,427,186 for the Wastewater Treatment Plant Consolidation Program to develop a phased project implementation plan. Corpus Christi Page 13 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 Attachments: Agenda Memo - WVVfP Consolidation.docx Prosect Budget - WVVfP Consolidation.xls Location Map - WVVfP Consolidation Contract - V M/TP Consolidation Presentation - WVVfP Consolidation award 34. 15-1237 Interlocal Agreement with Del Mar College for training services and facilities use Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of City employees and the use of Del Mar training facilities. Attachments: Agenda Memo - Del -Mar Resolution - Del -Mar Agreement Agreement - Del -Mar Training and Development Q. BRIEFINGS: (ITEMS 35 - 36) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. 35. 15-1274 Development Services Customer Survey Results by Dr. Dan Jorgensen Attachments: Agenda Memo - DS Survey Results Presentation 1 - Development Services Brief 12NOV15 Presentation 2 - DS Survey Results Dr. Jorgensen Final Report 2015 - DS Survey 36. 15-1223 Discussion of Plan CC Comprehensive Plan 2035 Corpus Christi Page 14 Printed on 11/16/2015 City Council Meeting Agenda - Final November 17, 2015 Attachments: Agenda Memo Plan CC Nov.11,2015 revised JulyDraftPlanCC MarkUp Presentation - Review of PIanCC - Nov 17 RevAG NoNotes rev Planning Commission Final Report- Plan CC Public Comments Oct 13 Councilmember Comments Oct 19 Draft Ordinance - Plan CC 10/13/15 Presentation - Public Hearing - Plan CC !st Draft Public Comments - Plan CC 2nd Draft Public Comments - Plan CC August 12 PC Public Hearing Comments - Plan CC Letters submitted - Plan CC Additional Letters Submitted R. LEGISLATIVE UPDATE: This item is for Council's informational purposes only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. S. ADJOURNMENT Corpus Christi Page 15 Printed on 11/16/2015 RESOLUTION IN SUPPORT OF LAW ENFORCEMENT WHEREAS, the men and women of our nation's law enforcement agencies wear their uniforms with honor, dedication, and integrity in the line of duty while protecting our communities and safeguarding our democracy; and because these uniforms have made them targets by those who seek to harm law enforcement officers simply because of their profession and commitment to duty; and WHEREAS, following the recent increase in deaths of law enforcement officers across the nation, the City of Corpus Christi, Texas agrees with the National Fraternal Order of Police President Chuck Canterbury, who has called on the Administration to acknowledge this crisis and asked them to work to address the violent surge against police, and to expand the Federal Hate Crimes Law to protect our police so they may get home to their families at the end of their shift; and WHEREAS, to honor those who currently serve, as well as those who have paid the ultimate sacrifice, we ask every officer of the Corpus Christi Police Department to turn on their red and blue lights for one minute on Tuesday, November 17, 2015 at 8:00pm; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi, Texas stands with the families of the fallen, officers currently protecting our community, and all officers throughout the United States. Together we are united. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 10, 2015 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Nelda Martinez to call the meeting to order. Mayor Martinez called the meeting to order at 11:31 a.m.. B. Invocation to be given by Pastor David Beirne, Travis Baptist Church. Pastor David Beirne gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Pastor Rick Milby, Abundant Life Fellowship. Pastor Rick Milby led the Pledge of Allegiance. D. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and required Charter Officers were present to conduct the meeting. (Note: Council Member Rubio arrived at 11:35 a.m. Council Member McIntyre arrived at 11:37 p.m.) Charter Officers: City Manager Ron Olson, City Attorney Miles K. Risley, and City Secretary Rebecca Huerta. Present: 9 - Mayor Nelda Martinez,Council Member Rudy Garza,Council Member Chad Magill,Council Member Colleen Mclntyre,Council Member Lillian Riojas,Council Member Lucy Rubio,Council Member Brian Rosas,Council Member Mark Scott, and Council Member Carolyn Vaughn E. Proclamations / Commendations 1. Proclamation declaring November 17, 2015, "Annual World Wide GIS Day of the Coastal Bend 2015 - Discovering the World through GIS". Korean Chamber of Commerce Check Presentation to the Sister City Committee and to the City of Corpus Christi. The Texas Mayors of Military Communities Presents "Legislative Corpus Christi Page 1 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 Champion of the Year 2015" Award to Senator Juan "Chuy" Hinojosa. National Veteran Senior Corps Pinning Ceremony. Mayor Martinez recognized Senator Juan "Chuy" Hinojosa as the "Legislative Champion of the Year 2015" and presented the proclamations. F. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. 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. Mayor Martinez called for comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Rick Milby, 4412 High Ridge Drive, thanked the City Council for their service and for his appointment to the Charter Review Commission. Mr. Milby commended the City Council for their appointments to the Ad Hoc Residential Infrastructure Committee, and acknowledged the experience of committee member Toby Futrell. Mr. Milby provided information on the street system and asked the City Council to cut the City's budget and use the savings to repair the streets. Greg Smith, 1746 Glenoak, reported on the Island Strategic Action Committee's support for the Park Road 22 Bridge at their November meeting. Angela Leal, Westside Business Association, announced the state and national historical designation bestowed upon the Galvan Ballroom, located at 1632 Agnes Street. To honor the Galvan family and their legacy, the Westside Business Association will be holding their annual fundraiser, "El Gran Baile", on Saturday, November 14, 2015 at the Galvan Ballroom. John White, 77 Townhouse Lane, spoke on behalf of the Padre Island Business Association and expressed the Association's support for the Park Road 22 water exchange. John Stafford, 5130 Fox Run Drive, spoke regarding the following topics: the street repair budget; developing an annual plan to prioritize and budget for street improvements; in opposition to funding the Park Road 22 Bridge to assist a developer; and what the City Council is doing to keep jobs in Corpus Christi. Jack Gordy, 4418 Bray, spoke regarding his public information request for information from the United States Department of Justice grandfathering the palm trees on Airline Road and the mediation on this issue. Christopher Manuel, 911 Laredo, suggested a plan to hire the homeless population to clean the parks and streets. Carolyn Moon, 4902 Calvin, spoke regarding the money the City has spent on various plans. Ms. Moon recommended that instead of considering giving up on the Plan CC 2035 document, the Council could tackle it one goal at a time. Errol Summerlin, Citizens Alliance for Fairness and Progress, spoke regarding several development plans that address the future land use, growth and improvements for the Hillcrest and Washington Coles area that differ from Plan CC 2035. Douglas Johnson, 610 Brock, spoke regarding the following topics: the condition of the streets; the division of the City Council on this topic; and the appointments to the Ad Hoc Residential Infrastructure Committee. Mr. Johnson stated that the committee can look at this issue from any perspective, however, raising taxes and funding is the only way to address the streets. Shirley Thornton, 1917 Woodcrest, spoke in opposition to Plan CC 2035 and stated that a comprehensive plan should address repairing and preparing the infrastructure to accommodate the natural growth of the City. To address street repair issues, Ms. Thorton said the City should utilize the talents in the community; establish community "think tanks"; and cut the City budget by 3% every month. Walter Saganice, 3449 Picadilly Corpus Christi Page 2 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 Lane, spoke regarding Plan CC 2035 and the elements required for an urban village concept. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Martinez referred to City Manager's Comments. City Manager Ron Olson reported on the following topics: a. OTHER 1) City Manager Olson introduced the Employee of the Quarter, Joe Salinas with the Streets Department. 2) The City of Corpus Christi/Nueces County Public Health District will be holding their annual Flu Vaccine Drive -Through Clinic on Friday, November 13, 2015 from 9 a.m. to 4 p.m. There will be a cost of $30 per vaccine and Medicaid and Medicare will be accepted. The Public Health District is encouraging the public to take advantage of this opportunity to minimize the impact of flu on society. 3) City Manager Olson said there have been various conversations with the City Council regarding security measures at City Hall, including metal detectors at City Hall. The metal detectors are scheduled to go into effect on December 21st and a small presentation will be provided by Police Officer Denise Pace on the implementation and the employee and public entrances. H. MINUTES: 2. Regular Meeting of October 27, 2015 Mayor Martinez referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Magill and passed unanimously. I. BOARD & COMMITTEE APPOINTMENTS: (NONE) J. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 10) Approval of the Consent Agenda Mayor Martinez referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Magill, seconded by Council Member Riojas, to approve the Consent Agenda. The consent agenda items were approved by one vote as follows: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Corpus Christi Page 3 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 Abstained: 0 3. Engineering Construction Contract for Southern Minerals Road from Up River Road to IH37 BOND 2014 Motion authorizing the City Manager, or designee, to execute a construction contract with Haas -Anderson, Inc. of Corpus Christi, Texas in the amount of $3,060,904.65 for the Southern Minerals Road from Up River Road to IH 37 for the total Base Bid. (Bond 2014) This Motion was passed on the Consent Agenda. Enactment No: M2015-126 4. Engineering Construction Contract for Development & Improvements at HEB Tennis Center and Al Kruse Tennis Center Motion authorizing the City Manager, or designee, to execute a construction contract with Safenet Services, LLC. of Corpus Christi, Texas in the amount of $1,809,131 for the HEB and Al Kruse Tennis Centers (Rebid) for the Base Bid, Part A only for repairs to the tennis centers. (Bond 2012) This Motion was passed on the Consent Agenda. Enactment No: M2015-127 5. Expand Solid Waste Operations' DriveCam Program to reduce preventable vehicle accidents within the fleet Resolution finding that competitive bids are not required for procurement from Lytx, Inc., and authorizing the City Manager, or designee, to execute agreements with Lytx, Inc., totaling $133,225.26 for the purchase of additional hardware and software to expand the vehicle -mounted camera program for the Solid Waste Operations Department. This Resolution was passed on the Consent Agenda. Enactment No: 030677 6. Assessment of the Efficiency and Effectiveness of the City of Corpus Christi's Financial Services Department Motion authorizing the City Manager or designee to execute a consultant agreement with Weaver and Tidwell, L.L.P to assess the efficiency and effectiveness of the Financial Services Department for Corpus Christi Page 4 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 an amount not to exceed $228,500. Funding is available in the Financial Services Department Budget for fiscal year 2015/2016. This Motion was passed on the Consent Agenda. Enactment No: M2015-128 7. Second Reading Ordinance - Amending the Civil Service Board Rules and Regulations (1st Reading 10/27/15) 8. 9. 10. Ordinance amending the Civil Service Board Rules and Regulations in its entirety as recommended by the Civil Service Board; providing for severance; and providing an effective date. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030678 Second Reading Ordinance - Ordinance authorizing a use privilege agreement with the Tuloso-Midway Independent School District located at 2653 McKinzie Road (1st Reading 10/27/15) Ordinance authorizing the City Manager to execute a use privilege agreement with the Tuloso-Midway Independent School District ("Permittee") to install, operate, maintain, and remove a private eight -inch PVC wastewater sanitary sewer main ("Wastewater Line") across the Haven Drive Public street right-of-way, located west of McKinzie Road public right-of-way, subject to the Permittee's compliance with specified conditions. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030679 Second Reading Ordinance - Authorizing the Tax Increment Reinvestment Zone #3 Board to expend funds and approve reimbursement agreements (1st Reading 10/27/15) Ordinance authorizing the Tax Increment Reinvestment Zone #3 (TIRZ #3) Board to expend funds and approve reimbursement agreements in accordance with the Project and Financing Plan. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030680 Second Reading Ordinance - Appropriating funds for Tax Increment Reinvestment Zone (TIRZ) #3 Project Plan (1st Reading 10/27/15) Corpus Christi Page 5 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 Ordinance appropriating $1,597,564 from the unreserved fund balance in Fund 1112 Reinvestment Zone No. 3 Fund (Downtown TIF) to fund approved projects in FY2016 and changing the FY2016 Operating Budget adopted by ordinance 030620 by increasing expenditures by $1,597,564. This Ordinance was passed on second reading on the Consent Agenda. Enactment No: 030681 M. PUBLIC HEARINGS: (ITEMS 14 - 15) 14. Public Hearing and First Reading Ordinance - Rezoning Property located at 9001 Leopard Street Case No. 0915-07 City of Corpus Christi: A change of zoning from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District. The property is described as being a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "IH" Heavy Industrial District. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), by changing the UDC Zoning Map in reference to a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez deviated from the agenda and referred to Item 14. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow heavy industrial uses associated with beef processing. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were Corpus Christi Page 6 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 15. Public Hearing and First Reading Ordinance - Rezoning of seven newly annexed properties in Industrial District No. 1 Case No. 0915-08 City of Corpus Christi: A change of zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District. The properties to be rezoned are described as Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as Corpus Christi Page 7 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street. Planning Commission and Staff Recommendation (September 23, 2015): Approval of the re -zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District on Tracts 1-7. Ordinance: Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for seven tracts of land described and owned as follows: Tract 1:. ABTEX Brinkerhoff Oil Co. (1.09 acres); Tracts 2 and 3: Coastal State Petroleum Co. (0.96 and 0.58 acres); Tracts 4 and 5: Coastal Liquids Partners LP (0.10 and 0.92 acres); Tract 6: Exxon Pipeline Co. (0.18 acres); and Tract 7: Koch Gathering Sys Inc. (0.25 acres), by changing the UDC Zoning Map in reference to the seven tracts encompassing 4.08 acres of land, more specifically described by City Council Ordinance 030640, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. Mayor Martinez referred to Item 15. Director of Development Services Dan Grimsbo stated that the purpose of this item is to rezone the subject property to allow heavy industrial uses in Industrial District No. 1. Mr. Grimsbo said the Planning Commission and staff were in favor of the zoning change. Mayor Martinez opened the public hearing. There were no comments from the Council or the public. Mayor Martinez closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Scott. City Secretary Huerta announced that Council Member Riojas was abstaining from the vote on this item. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 1 - Council Member Riojas Corpus Christi Page 8 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 N. ONE -READING ACTION ITEMS: (ITEM 16) 16. One -Reading Action Item - Amending the Ordinances for the Victims Of Crime Act (VOCA) grants to comply with grant requirements Ordinance amending Ordinance 030636 which accepted a grant from the State of Texas, Criminal Justice Division in the amount of $84,795.95 for the 3rd project year of the Victims of Crime Act (VOCA) Outreach Program and Ordinance 030637 which accepted a grant in the amount of $188,264.42 to continue the Victims of Crime Act (VOCA) grant within the Police Department for the 16th and 17th project years, to add a section regarding return of funds in event of loss or misuse of funds in order to comply with grant requirements. Mayor Martinez referred to Item 16. City Secretary Rebecca Huerta stated that this item is listed as a one reading action item and will need to be amended to declare it as an emergency. Interim Police Chief Mike Markle stated that the purpose of this item is to amend Ordinances 030636 and 030637 to add verbiage as required by the Texas Administrative Code that the governing body will return all funds in the event of loss or misuse of grant funds. There were no comments from the Council or the public. Council Member McIntyre made a motion to amend the ordinance to declare it an emergency, seconded by Council Member Garza and passed unanimously. Council Member McIntyre made a motion to approve the ordinance as amended, seconded by Council Member Rosas. This Ordinance was passed on emergency reading as amended and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 Enactment No: 030682 O. REGULAR AGENDA: (NONE) P. FIRST READING ORDINANCES: (ITEMS 17 - 24) 17. First Reading Ordinance - Accepting and appropriating State grant funds for the 16th program year of the Violence Against Women Act (VAWA) program within the Police Department Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th Corpus Christi Page 9 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 18. program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. Mayor Martinez referred to Item 17. Interim Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member McIntyre Abstained: 0 First Reading Ordinance - Accepting and appropriating grant funds for CPR training of graduating seniors within Corpus Christi Independent School District (CCISD) Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. Mayor Martinez referred to Item 18. Fire Chief Robert Rocha stated that the purpose of this item is to approve acceptance of a grant from NuStar Energy L.P. in the amount of $2,500 to purchase equipment to support the CPR Pilot Program with the Corpus Christi Independent School District to train all graduating seniors on CPR techniques. There were no comments from the public. In response to a council member, Chief Rocha stated that this is a pilot program and the Fire Department will explore the ability to expand the program to other school districts in the future. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Corpus Christi Page 10 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 19. Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 First Reading Ordinance - Reimbursement agreement for the construction of water arterial transmission and grid main line located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P., ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $79,747.60 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. Mayor Martinez referred to Item 19. Director of Development Services Dan Grimsbo stated that the purpose of this item is to execute a water arterial transmission and grid main construction and reimbursement agreement with MPM Development, L.P. for the construction of a water arterial transmission and grid line and appropriate $79,747.60 to reimburse the developer in accordance with the agreement. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 20. First Reading Ordinance - Closing a portion of a utility easement located east of Fort Worth Street and South of Campbell Street Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1 B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. Mayor Martinez referred to Item 20. Director of Development Services Dan Grimsbo stated that the purpose of this item is to abandon and vacate a utility easement to allow Driscoll Children's Hospital to relocate a City water main in order to build a new parking garage expansion. There were no comments from Corpus Christi Page 11 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 the Council or the public. Council Member McIntyre made a motion to approve the ordinance, seconded by Council Member Riojas. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas and Council Member Vaughn Absent: 1 - Council Member Scott Abstained: 0 21. First Reading Ordinance - Appropriating funds to continue construction/safety enhancements/safety modification for Runway 17/35 at Corpus Christi International Airport Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. Mayor Martinez referred to Item 21. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate $665,021 from Federal Aviation Administration Grant No. 49 to continue construction and safety modifications for Runway 17/35. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member McIntyre. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 22. First Reading Ordinance - Appropriating funds to continue construction/runway safety for Runways 17/35 and 13/31 at Corpus Christi International Airport Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Corpus Christi Page 12 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. Mayor Martinez referred to Item 22. Director of Aviation Fred Segundo stated that the purpose of this item is to appropriate $1,733,597 from the Federal Aviation Administration Grant (FAA) 50 Amendment Nos. 2 and 3 for Runways 17/35 and 13/31 to fund runway extension, connecting taxiways, expansion of north general aviation apron, and reconstruction of air carrier taxilane. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Magill. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Rosas, Council Member Scott and Council Member Vaughn Abstained: 0 L. EXECUTIVE SESSION: (ITEMS 11 - 13) 11. 12. Mayor Martinez deviated from the agenda and referred to the day's executive sessions. The Council went into executive session. Executive session pursuant to Texas Government Code § 551.071 for consultation with attorneys regarding collective bargaining negotiations and/or the collective bargaining agreements between the City of Corpus Christi and the Corpus Christi Firefighters' Association. This E -Session Item was discussed in executive session. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to potential economic development agreements involving Park Road 22, Gulf Shores Joint Venture, the Packery Channel Tax Increment Reinvestment Zone, and unexpended proceeds from prior debt issuance and pursuant to Texas Government Code § 551.087 to discuss or deliberate regarding commercial or financial information relating to the aforementioned matters and entities that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations and/or financial or other incentives involving said business prospect This E -Session Item was discussed in executive session. 13. Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to Corpus Christi Page 13 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 consult with attorneys concerning legal issues involving administrative orders and/or potential litigation from the U.S. Environmental Protection Agency, U.S. Department of Justice, and/or Texas Commission on Environmental Quality related to the City's wastewater treatment plants, sanitary sewer overflows, and the City's Sanitary Sewer Collection System. Mayor Martinez referred to Item 13 and the following motion was considered: Motion to authorize the extension of unexpended funds previously authorized for Lloyd Gosselink, HDR, Pipeline Analysis, Barnes & Thornburg, and CDM Smith for legal and engineering services in negotiation and potential litigation with the U.S. Environmental Protection Agency and U.S. Department of Justice regarding sanitary sewer overflows and effluent excursions from Fiscal Year 2014-2015 to Fiscal Year 2015-2016 and the treatment of such entities in a collective manner for expenditure of said funds. Council Member Garza made a motion to approve the motion, seconded by Council Member McIntyre. This Motion was passed and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 Enactment No: M2015-129 FIRST READING ORDINANCES: (ITEMS 23 - 24) 23. First Reading Ordinance - Approving the Proposed 2016 Annual Audit Plan Ordinance to approve the 2016 Annual Audit Plan Mayor Martinez referred to item 23. City Auditor Arlena Sones stated that the purpose of this item is to request approval of the 2016 Annual Audit Plan. The proposed audit plan was approved by the Audit Committee in October and revisions to the proposed plan were discussed at today's Audit Meeting. Ms. Sones provided an overview of the audit projects. Council Member Scott, Chairman of the Audit Committee, provided information on the Audit Committee's discussions regarding zero -based budgeting (A6). Council Member Scott stated that the Audit Committee is requesting that the City Council provide a motion of direction to the City Manager to set forth a deliberative conversation regarding zero -based budgeting that could lead to a decision at the City Council retreat. If this is motion is approved by the City Council, the Audit Committee is recommending that item regarding zero -based budgeting be removed from the proposed audit plan. MOTION OF DIRECTION Council Member Magill made a motion directing the City Manager to bring a Corpus Christi Page 14 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 briefing to the City Council on the City of Corpus Christi's Annual Operating Budget converting to a true zero -based budget process before the City Council Retreat, seconded by Council Member Vaughn and passed unanimously (Rosas - absent). Council Member Scott made a motion to amend the 2016 Proposed Annual Audit Plan by removing Item A6 regarding zero -based budgeting, seconded by Council Member Magill and passed unanimously (Rosas - absent). There were no comments from the public. Council Member Scott made a made a motion to approve the ordinance as amended, seconded by Council Member Riojas. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 24. First Reading Ordinance - Accepting and Appropriating Partial Reimbursement for Election Services Overbilling Ordinance accepting payment from Nueces County in the amount of $73,616.52 as partial reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2015-2016 operating budget adopted by Ordinance 030620 to increase revenues and expenditures by $73,616.52. Mayor Martinez referred to Item 24. City Secretary Rebecca Huerta stated that Nueces County Clerk Kara Sands recently notified the City of Corpus Christi that Nueces County had completed an audit of the cost of election services billed to the City from October 2012 and December 2014. City Secretary Huerta stated that the purpose of this item is to accept and appropriate the first of two $73,616.52 reimbursement payments from Nueces County. The second payment is expected to be reimbursed by Nueces County next fiscal year. There were no comments from the public. Council members spoke regarding the following topics: where the funds would be appropriated and appreciation to Nueces County Clerk Kara Sands for ordering the audit. Council Member Magill made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor Martinez, Council Member Garza, Council Member Magill, Council Member McIntyre, Council Member Riojas, Council Member Rubio, Council Member Scott and Council Member Vaughn Absent: 1 - Council Member Rosas Abstained: 0 Corpus Christi Page 15 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 Q. FUTURE AGENDA ITEMS: (ITEMS 25 - 30) Mayor Martinez referred to Future Agenda Items. City Manager Olson stated that staff had a planned presentation on Item 30. 25. Purchase of Emulsified Polymerized Asphalt for use in street sealcoating Motion authorizing the City Manager, or designee, to enter a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Event 75, based on only bid, for an estimated 6 -month expenditure of $349,450.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2015-2016. This Motion was recommended to the consent agenda. 26. Resolution approving a Developer Participation Agreement for the City's cost to extend North Oso Parkway located east of Ennis Joslin and north of Wooldridge Road Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $304,508.60 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. This Resolution was recommended to the consent agenda. 27. Engineering Contract for McBride Lift Station and Force Main Improvements Motion authorizing the City Manager or designee to execute an engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. This Motion was recommended to the consent agenda. 28. Resolution to approve repair and completion of preventative maintenance of the LED lighting system on the Harbor Bridge Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Corpus Christi Page 16 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. This Resolution was recommended to the consent agenda. 29. Resolution requesting Corpus Christi Regional Transportation Authority Forensic Audit Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority's finances and accounting practices. This Resolution was recommended to the regular agenda. 30. Resolution authorizing the submission of a grant application to the Governor's office for the Defense Economic Adjustment Assistance Grant (DEAAG) program Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. This Resolution was recommended to the consent agenda. R. BRIEFINGS: (ITEMS 31 - 32) 31. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Economic Update Mayor Martinez referred to Item 31. lain Vasey, President/CEO of the Corpus Christi Regional Economic Development Corporation (EDC), stated that the purpose of this item is to provide the EDC quarterly update. Mr. Vasey provided the following information: the EDC's goals and results; data for the Coastal Bend Workforce Area; key economic indicators; the strategic plan; the economic return on investment; and the 2016 economic outlook. Council members spoke regarding the following topics: the efforts made by the EDC regarding job retention and creation and global company presence in Corpus Christi. 32. Housing Workshop #4 Mayor Martinez referred to Item 32. Assistant City Manager Susan Thorpe stated that the purpose of this item is to present Housing Workshop #4 regarding a proposal for a new infill housing incentive program for council discussion and direction. Assistant City Manager Thorpe introduced the presentation team members: Assistant City Manager Gus Gonzalez and Director of Housing and Community Development Eddie Ortega. Assistant City Manager Thorpe provided a brief recap of the previous workshops: the Corpus Christi Page 17 Printed on 11/13/2015 City Council Meeting Minutes November 10, 2015 housing market supply for homes below $100,000; focusing housing policies and programs on vacant, substandard, infill/revitalization, and downtown areas; the City's tools to influence housing; short and long-term recommendations; and the current housing programs for Housing and Community Development (HCD) and Type A. Assistant City Manager Thorpe presented information on the Type A Pilot Program approved by the Type A board at their September 21, 2015 meeting and the proposed City Infill Housing Incentive Program's purpose, benefits, program guidelines and incentives. Staff is recommending that the proposed Infill Housing Incentive Program be considered for the six lots within the CDBG boundaries that the City Council previously directed to be sold. Council members spoke regarding the following topics: the software tracking program used by Housing and Community Development (HCD) to track payment of loans; the interest rate on loans; how the loans generate revenue; the Type A loan for Home Buyer Assistance up to $10,000; the maximum loan that can be received when combining the HCD and Type A loans; gap analysis on Type A loans; whether Type A funds can be used for closing costs; the ability to provide incentives on vacant lots in the CDBG area on both private and City -owned lots; the similarities between the Type A Pilot Program and the existing demolition/reconstruction program in HCD; whether there is a market for the Type A pilot program; generating comparables through the Type A Pilot Program; risks associated with the Type A Pilot Program; modifying the Type A Pilot Program to a loan program to build a house; the number of loans provided for demolition/reconstruction program; the infill lot programs provided by the City of San Antonio; average price of a house per square foot in the CDBG area; creating a list of multiple or vacant homes in an area to develop "opportunity spaces" for builders/investors and provide incentives or rezoning to revitalize neighborhoods; investigating other programs that are successful in affordable housing; an example of the type of home that will be built; the long-term recommendation for partnering with the Corpus Christi Housing Authority; the reason the lots were not sold as previously directed by City Council; the total amount of incentives that the City would provide; responses from the builders regarding the programs; the timeframe for the bidding process; options to encourage the Texas Department of Housing and Community Affairs to provide points for infill/redevelopment; and that the City should not be in the home building business. The consensus of the City Council was to: bring forward the Infill Housing Incentive Program for vacant City -owned lots and the targeted CDBG area; bring back to City Council, the Type A Pilot Program with clear information on the lending process, with no risk to the taxpayers; and provide periodic progress reports to City Council with results and recommendations. S. LEGISLATIVE UPDATE: T. ADJOURNMENT None. The meeting was adjourned at 6:13 p.m. Corpus Christi Page 18 Printed on 11/13/2015 City Of Corpus Christi BUILDING STANDARDS BOARD BOARD DETAILS OVERVIEW As, SIZE 7 Seats TERM LENGTH 3 Years TERM LIMIT 6 Years CONTACT 1 Diana Garza 0 (361) 826-3009 dianatg@cctexas.com The Building Standards Board hears appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings or structures. DETAILS COMPOSITION Seven (7) members, three (3) members at large of w hom shall be residents of the City and home owners; one (1) shall be a lawyer, three (3) chosen from: realtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the City Council for three-year staggered terms. Elects its own chairman. CREATION / AUTHORITY Section 13-23, Code of Ordinances. Ordinance No. 7506 - 3-3-65; Ord. No. 9811 - 6-24-70; Ord. No. 13546 - 1-05-77; Ord. No. 022423 - 11-28-95. MEETS Every other month on the 4th Thursday, 1:30 p.m., Council Chambers. The board shall meet within 30 days after notice of an appeal. Meetings are at City Hall. The Building Official or his designee shall keep a record of the business of this office. The records shall be open to public review. TERM DETAILS Three-year staggered terms. DEPARTMENT Housing and Community Development Shane Torno BUILDING STANDARDS BOARD Active District 5 2 03/03/16 Engineer Chair lir1 Marco Crawford BUILDING STANDARDS BOARD Resigned District 1 2 03/03/17 Lawyer Member Clarissa Beltran BUILDING STANDARDS BOARD Active District 4 2 03/03/16 Member at Large Vice -Chair Matthew Ezell BUILDING STANDARDS BOARD Active District 2 1 03/03/17 General Contractor Member Lee Hassman BUILDING STANDARDS BOARD Active District 5 1 03/03/17 Member at Large Member Tim Honea BUILDING STANDARDS BOARD Active District 5 1 03/03/18 Home Builder Member Craig Loving BUILDING STANDARDS BOARD Active District 2 1 03/03/18 Member at Large Member BUILDING STANDARDS BOARD MEMBERS November 17, 2015 One (1) vacancy with term to 3-3-17 representing the following category: 1 - lawyer. BUILDING STANDARDS BOARD APPLICANT November 17, 2015 ■ :. , _ ..emifd iT.7GPC" , _ .. E11111111.11111111 Joel E. De La Garza BUILDING STANDARDS BOARD District 4 State of Texas 13th Court of Appeals 901 Leopard St., 10th floor Corpus Christi TX 804-986-2323 Lawyer BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 09, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Joel E Prefix First Name Middle Initial Email Address De La Garza Last Name Which Boards would you like to apply for? BUILDING STANDARDS BOARD Street Address Suite orApt City District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111111111.6 41111110MIMINS Primary Phone Alternate Phone Staff Attorney -13th Court of State of Texas Appeals Employer Job Title 901 Leopard Street -10th floor WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78412 State Postal Code WorkAddress - Zip Code 804-986-2323 Work Phone joel.delagarza©txcourts.gov Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Registered Voter? QQYes No Current resident of the city? DYes No 19 If yes, how many years? resume-updated.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® IAgree Oath swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Lawyer Question applies to BUILDING STANDARDS BOARD. Are you a Homeowner in the City of Corpus Christi? QQYes No JOEL DE LA GARZA EDUCATION • J.D., Texas Tech University School of Law, 2011 - American Jurisprudence Award for Federal Income Taxation - CALI Excellence for the Future Award for Nanotechnology Law & Policy • B.S., United States Naval Academy, Naval Architecture, 2002 - Varsity Offshore Sailing Team, 1998, 1999, 2001, 2002 (XO S/V Swift) • Richard King High School, Graduated 1998 BAR ADMISSIONS Texas, 2011 U.S. District Court, Northern District of Texas EXPERIENCE • 13th Court of Appeals, Corpus Christi, Texas June 2014 — Present Staff attorney for Justice Gregory Perkes • Law Office of Joel de la Garza, Lubbock, Texas October 2012 — June 2014 Solo practitioner in the areas of family law, criminal law, and civil suits. • Legal Aid Society of Lubbock, Lubbock, Texas September 2011- October 2012 Responsible for cases involving divorce, child custody, grandparent rights, and protective orders. • Legal Aid of Northwest Texas, Lubbock, Texas Spring 2011 Volunteer tasked with preparing wills, deeds, divorce pleadings. Interviewed and screened clients and conducted research on legal questions concerning Texas and federal law. • Office of the Commonwealth's Attorney, Lynchburg, Virginia Summer 2010 Prosecutor with a Virginia Third Year Practice Certificate. Tried cases in general district, juvenile & domestic relations, and circuit courts. • Naval Officer 2002-2007 Areas of responsibility included leading divisions of sailors in ship and shore commands. Deployed to Kuwait in support of Operation Iraqi Freedom from March 2007 -October 2007. Served as briefing officer for a three star general with US Pacific Command in Hawaii. AWARDS Elma Moreno Pro Bono Award (2011) Navy Achievement Medal Joint Service Achievement Medal FAMILY Wife, Kathleen Costello, formerly of Fredrickburg, Virginia JOEL DE LA GARZA Daughters, Rose de la Garza, (2) & Genevieve de la Garza (10 months) City Of Corpus Christi CITIZENS ADVISORY HEALTH BOARD BOARD DETAILS OVERVIEW As, SIZE 11 Seats TERM LENGTH 3 Year° TERM LIMIT N/A 1 Dina Chavez filba-Q (361) 826-7205 CONTACT dinac@cctexas.com The Citizens Advisory Health Board studies and assists in health and human service operations, services and programs, and makes recommendations to the City and County through the Director of Health and Human Services. �q DETAILS COMPOSITION Eleven (11) members, five (5) members appointed by the City Council for three- year terms, five (5) by the Nueces County Commissioner's Court for two-year terms; and one member appointed jointly by the City and the County. The board elects its own President and Vice -President. *The City Manager and Nueces County Judge w ill meet to make a recommendation to both entities on the Joint appointment. CREATION / AUTHORITY Section 2-110, Code of Ordinances. Ordinance No. 5557; Ord. No. 5936; Ord. No. 14321; Ord. No. 17573 4/20/83; Ord. No. 17748 7/27/83; and S.B. 109. (See agreements authorized by M84-1053 8/14/84 and Resolution No. 028130 - 4/21/09) MEETS 2nd Wednesday, City -County Health Department/Administrative Conference Room, 12:00 p.m., subject to change by board. TERM DETAILS City appointments are for three years. County appointments are for two years. DEPARTMENT Health Department CITIZENS ADVISORY HEALTH BOARD MEMBERS November 17, 2015 Two (2) vacancies with terms to 11-11-17 and 11-11-18. Name Board Name District End Date Category Position Charles Pendlyshok Amanda Stukenberg Elizabeth Sefcik Damla Eytemiz Cristian Radaneata Annie Galvan Belinda Flores Alison Johnson Sandra Heatherley Tony Diaz Vacant CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD CITIZENS ADVISORY HEALTH BOARD Resigned Not seeking reappointment Active Active Active Active Active Active Active Active District 4 District 4 District 2 District 4 District 5 District 2 1 4 2 1 1 2 2 1 3 10 11/11/17 11/11/15 11/12/17 11/11/17 11/11/17 11/11/16 06/30/17 06/30/17 06/30/17 06/30/17 06/30/17 City City City City Joint City County County County County County Member Member Vice -Chair Member Member Member Member Member Member Chair Patrick A. Ayarzagoitia Christy Berry CITIZENS ADVISORY HEALTH BOARD District 5 Texas A&M University Corpus Christi 6300 Ocean Dr., Unit 5805 CITIZENS ADVISORY HEALTH BOARD District 1 Kelly's Pharmacy and Compounding 520 Everhart Corpus Christi TX 361-825-4234 Corpus Christi TX 361-334-4500 CITIZENS ADVISORY HEALTH BOARD APPLICANTS November 17, 2015 Hannah M. Chipman CITIZENS ADVISORY HEALTH BOARD District 4 Nueces County 901 Leopard St., Suite 303.11 Corpus Christi TX Raymond Martin Johnson CITIZENS ADVISORY HEALTH BOARD District 1 Retired BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 05, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Dr. Prefix Email Address Patrick First Name A Middle Initial Ayarzagoitia Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address Suite orApt City District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Texas A&M University Corpus Christi Assistant Professor Employer Job Title 6300 Ocean Dr., Unit 5805 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78412 State Postal Code WorkAddress - Zip Code 361-825-4234 Work Phone patrick.ayarzaggoitia©tamucc.edu Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) highlights from my CV: former President of the Coastal Bend Advance Practice Nurses family nurse practitioner (FNP) since 2011, currently employed part-time for EmCare, staffing emergency rooms in the Christus Spohn Hospital system; currently employed full-time by Texas A&M University Corpus Christi as Assistant Professor in the College of Nursing and Health Sciences 2013 Doctor of Nursing Practice (DNP), University of the Incarnate Word, San Antonio 2011 Masters of Science, Texas A&M University, Corpus Christi Registered Voter? QQ Yes No Current resident of the city? QQYes No over 10 years If yes, how many years? Ayarzagoitia Curriculum Vitae 2015 Rev.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) CURRICULUM VITAE Patrick Albert Ayarzagoitia Education: Degree Dates Major Institution and Location DNP 2013 Family University of the Incarnate Word, San Practice Antonio, TX MSN 2011 Family Texas A&M University, Corpus Christi, TX Nurse Practitioner AD 2005 Nursing San Antonio College, San Antonio, TX Capstone Project Prediabetes Screening Project: A preventative health measure in the Emergency Department Professional Certification/Licensure RN/FNP-BC, Family Nurse Practitioner, Texas 2011 Employment Academic Employment Dates Title Institution or Business 9/2015- Assistant Professor Texas A&M Corpus Christi, Corpus present Christi, TX 1/2013- Adjunct Clinical Faculty Texas A&M Corpus Christi, Corpus 9/2015 Christi, TX Clinical Employment Dates Rank or Title Institution or Business 10/2014- FNP -BC EmCare —staffing at various Christus Spohn present Emergency Departments Patrick A. Ayarzagoitia 8/2014- FNP -BC WeIIMed Memorial, Corpus Christi, TX 9/2015 7/2012- FNP -BC Dr. Francisco Cuya, Corpus Christi, TX 8/2014 Other Scholarly Teaching, Mentoring and Curricular Achievements Presenter/Instructor -Basic Suture Class for FNP students, Corpus Christi, TX 2/2015 SCHOLARSHIP/CREATIVE ACHIEVEMENTS Non -Refereed Publications or Other Creative Achievements- Ayarzagoitia, P.A. (2015, February 17). Helping ease primary care shortage. Corpus Christi Caller Times. Retrieved at www.callertimes.com Ayarzagoitia, P.A. (2014, December 31). Another health care hero. Corpus Christi Caller Times. Retrieved at www.callertimes.com. Ayarzagoitia, P. A. (2006). White Uniforms: Making a comeback or all washed up? Nursing 2006. 36(2), 43. PROFESSIONAL SERVICE Service Activities for the Component, College, University College Activities Dates of Service FNP Student Orientation Participant 8/2015 FNP Student Skills Seminar 9/2015 White Coat Ceremony Participant 9/2015 Service to the Profession Activities President Coastal Bend Advanced Practice Nurses Group Dates of Service 3/2015 -present 2 Service to the Community Activities Volunteer, Catholic Charities, Corpus Christi, TX OTHER Patrick A. Ayarzagoitia Dates of Service 1991 -present Significant Professional Development Activities NPACE Primary Care Conference, Boston MA Attendee 11/2014 Action Stat Wound Closure (Suturing) Academy Attendee 4/2015 3 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 02, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Christy Berry Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD, REGIONAL HEALTH AWARENESS BOARD Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINNIMMII Primary Phone Alternate Phone KELLY'S PHARMACYAND COMPOUNDING COMPOUNDING PHARMACIST Employer Job Title 520 EVERHART WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78411 WorkAddress - Zip Code 361-334-4500 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) GRADUATE UNIVERSITY OF KENTUCKY COLLEGE OF PHARMACY 1993 MEMBER TEXAS PHARMACYASSOCIATION MEMBER OF ROTARY INTERNATIONAL (LOCAL: CORPUS CHRISTI ROTARY) GRADUATE OF WESTERN KENTUKY UNIVERSITY 1987 - CHEMISTRY/BIOLOGY-TEACHING CERTIFICATION 5 SEASONS - NATIONAL PARK SERVICE INTERPRETOR - 1983-1987 HEALTH DEPARTMENT- BARREN COUNTY KENTUCKY2006-2008 Registered Voter? QQYes No Current resident of the city? QQYes No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Sep 16, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Hannah M Prefix First Name Middle Initial Email Address Chipman Last Name Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD, CORPUS CHRISTI CONVENTION & VISITORS BUREAU, CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT, OILAND GAS ADVISORY COMMITTEE, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. MINNINIMO VIMNINIMIS Primary Phone Alternate Phone Executive for Commissioner Nueces County Precinct 4 Employer Job Title 901 Leopard St.,Suite 303.11 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78411 WorkAddress - Zip Code Work Phone hannah.chipman@nuecesco.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) Tamucc class of 2015! Young Business Professionals of the Coastal Bend Co -Chair Speaker Series 2014 - Present Builders Association Coastal Bend Green Built Committee 2015 -present Padre Island Rotary Secretary 2015 -Present Nueces County Young Republican President 2014 -Present League of Women Voters Member 2014 -Present Corpus Christi is projected to have huge growth over the next decade. My involvement in many organizations reflects my drive to be an effective leader. With that being said my passion for activism stands side by side with further developing our coastal community. Registered Voter? QQ Yes No Current resident of the city? QQYes No 9 If yes, how many years? My New Resume 11.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Unknown Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION & VISITORS BUREAU. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * Z Attraction Industry Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * Z Environmentalist Hannah Chipman PROFESSIONAL SUMMARY • Over 4 years of managerial experience. Managerial experience includes conferring with board members, organization officials, or staff members to discuss issues, coordinate activities, or resolve problems. Identifying main client groups and audiences, determine the best way to communicate publicity information to them, and develop and implement a communication plan. Areas of expertise include working on a team, leadership, problem-solving and strong work ethic. I am seeking to learn and to be a productive asset within a company. PROFESSIONAL EXPERIENCE Nueces County Corpus Christi, TX United States Executive to County Commissioner Brent Chesney Jan 2015 — present • Preside over or serve on boards of directors, management committees, or other governing boards. • Appoint department heads or managers and assign or delegate responsibilities to them. • Write speeches, press releases, or other promotional materials to increase awareness of the causes, missions, or goals in the community. Attorney General Greg Abbott's Gubernatorial Campaign Corpus Christi, TX United States Senior Intern Jun 2013 — May 2014 • Attend community events, meetings, or conferences to promote organizational goals or solicit donations or sponsorships. • Recruit sponsors, participants, or volunteers to reach direct voter contact. • Coordinates voter registration efforts. Laura's Productions El Paso, TX United States Director of Promotional Management Team Jul 2010 — Jan 2014 • Identify main client groups and audiences, determine the best way to communicate publicity information to them, and develop and implement a communication plan. Congressman Blake Farenthold's District 27 Office Corpus Christi, TX United States Internship Feb 2013 —Aug 2013 • Read and review concerns of constituents or the public and determine if governmental action is necessary. • Confer with colleagues to formulate positions and strategies pertaining to pending issues. • Prepare and review operational reports and schedules to ensure accuracy and efficiency. EDUCATION TEXAS A&M Corpus Christi, TX United States xpected graduation, Jun 2015 Chair of the Texas College Republicans Member of the National Society of Leadership and Success DEL MAR COLLEGE Corpus Christi, TX United States KATY HIGH SCHOOL Katy, TX United States igh School Diploma, Jun 2007 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 18, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Raymond Prefix First Name Email Address Martin Johnson MD Middle Last Name Initial Which Boards would you like to apply for? CITIZENS ADVISORY HEALTH BOARD Street Address Suite orApt City District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Retired Employer Job Title WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State State Postal Code WorkAddress - Zip Code Work Phone marti nj©texasi ntheworld .co m Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NONE Education, Professional and/or Community Activity (Present) Doctor of Medicine, retired Founder and current Treasurer, World Affairs Council of South Texas Volunteer, Food Bank of Corpus Christi Member, Coastal Bend Council of Government's Comprehensives Economics Development Strategy committee Member Coastal Bend Smart Growth Initiative, Friday Morning group, Wednesday Morning Group, Good Shepard Episcopal Church Registered Voter? QQYes No Current resident of the city? QQYes No 12 If yes, how many years? Resume Johnson.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) RESUME RAYMOND MARTIN JOHNSON Born Chicago 11 March 31, 1932 Married to Shirley Schulz, 1962 until her death 2001 from Multiple Sclerosis. Three children, Mark, Cynthia, and Elizabeth. Episcopal Church of the Good Shephard RESIDENCES • Indianapolis Indiana, to age 16 • Medford Oregon to age 21 • Portland Oregon to age 70 • Corpus Christi TX 4409ue Circe to present. EDUCATION • High School Graduation, Medford Senior High School, Spring 1950 • University of Oregon, BS,1954 • Oregon Health Sciences University, MD, June 1957 • Internship, Oregon Health Sciences University Hospitals and Clinics m57-58 • Residency, Hematology, Oregon Health Sciences University, 60-62 • Associate Clinical Professor, Department of Family Medicine from its inception in the 1960's until my retirement in 2002 EMPLOLYMENT • US Army, Captain, Medical Corp, 58-60 • Partner, Pacific Medical Group, 1962-2002 • 2002 Retired at 70th birthday PAST SERVICE & HONORS • Eagle Scout • One of Three Oregon Outstanding Young Men in 1964 • Member of two of the first different Oregon Health Maintenance Organization's founding boards. • Founder, Rotary Club of Tigard Oregon • Commissioner, Tigard Water District 2 years to 1970 • Commissioner Wolf Creek Highway Water District 9 year and Chair for 7 years • Managing partner of my medical group for 36 years, helping it grow from four physicians to a nationwide group listed on the NY stock exchange (MedPartners). • Multnomah Medical Society Board of Directors • Medical missions to o Khabarovsk Russia o Mexico o El Salvador o Guatemala • Former Metro Ministries Board • Food Bank of Corpus Christi volunteer for Disaster planning • Former Corpus Christi Literacy Council Board • Currently work with the US Dept. of State International Visitors Leadership Program. SPECIAL SKILLS: Organizational development, strategic planning City Of Corpus Christi CORPUS CHRISTI BUSINESS AND JOB DEVELOPM ENT CORPORATION BOARD DETAILS SIZE 5 Seats TTERM LENGTH 2 Years OVERVIEW TERM LIMIT 6 Years CONTACT 1 Esther Velazquez 0 (361) 826-3093 esthery@cctexas.com The Corpus Christi Business and Job Development Corporation is organized exclusively for the purpose of benefiting and accomplishing public purposes of, and to act on behalf of the City, to undertake, maintain and finance projects through Propositions 4 and 5 approved by voters on November 7, 2000 and Propositions 2, 2a and 2b approved by voters on November 5, 2002. I -q DETAILS COMPOSITION The affairs of the Corporation shall be managed by a board of directors which shall be composed of five persons appointed by the City Council. The terms of the directors shall be two years, expiring on July 31st of each year. Directors may be appointed to succeed themselves. No Director may serve longer than six years consecutively, unless such service is required to complete an unexpired term. Each director must be a resident and qualified elector of the City. CREATION / AUTHORITY Res. No. 024207, 9-12-00; Res. No. 024233, 9-25-00. MEETS 3rd Monday of every month at 3:00 p.m., City Hall - Council Chambers. Meet a minimum of once a quarter. TERM DETAILS All terms for two years. DEPARTMENT City Manager's Office Name Board Name Status District End Date Chris Hamilton CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Resigned District 5 1 07/31/16 Member Position CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION MEMBERS November 17, 2015 One (1) vacancy with term to 7-31-16. Gabriel Guerra CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 5 2 07/31/17 Member R. Bryan Gulley CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active District 4 3 District 4 2 District 5 2 Debbie Lindsey -Opel CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active Bart Braselton CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Active 07/31/17 President 07/31/16 Vice -President 07/31/16 Member Work Phone CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION APPLICANTS November 17, 2015 Name Boards • .1 in. For District Em•o r Robert A. Alvarez CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 Alvarez Insurance Group Sandra L. Alvarez CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 Self -Employed Richard Burns CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 Alinear Solutions- Management Solutions of South Texas Scott M. Harris WorkAddress 5810 S. Staples 5606 Leicester Dr. 1,1® Corpus Christi TX 36-1442-6799 Corpus Christi TX 361-850-3633 CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 1 Lockwood, Andrews & Newnam, Inc. 500 N. Shoreline Blvd., Suite 905 Corpus Christi TX Scott Kemp CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 2 Valuebank Texas 7110 S. Staples Corpus Christi TX 361-866-7732 Randy L. Maldonado CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 5 Pete's Chicken -N -More Inc. 338 44th Corpus Christi TX 361-882-1177 Scott H. Mesmer CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 CAE Shawn A. Reader CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 Lexicon, Inc. 2800 La Quints Terminal Road Portland TX Corpus Christi TX 361-944-8401 Diana Summers CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 Hogan Homes 400 Mann St. Corpus Christi TX 512-994-8786 Tanner Twomey CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 4 Houston Astros/Corpus Christi Hooks Baseball Club 734 East Port Ave. Corpus Christi TX 361-561-4718 Lindsay Walker CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION District 2 Corpus Christi Metro Ministries 1919 Leopard Corpus Christi TX 361-887-0151 X226 BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 01, 2015 COMMISSION OR COMMITTEE FOR THE Status: appointed City Of Corpus Christi Profile Robert A. Alvarez Prefix Fir Name Middle Initial Email Address Last Name Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 4161111.1.111 Primary Phone Alternate Phone ALVAREZ INSURANCE GROUP AGENT/BROKER/OWNER Employer Job Tit €s 5810 S. STAPLES WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TEXAS WorkAddress - State 78413 WorkAddress - Zip Code 3614426799 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) GRADUATED FROM MARY CARROLL HIGH SCHOOL IN 2000. VERYACTIVE IN THE COMMUNITY PERSONALLYAND PROFESSIONALLY Registered Voter? QQYes No Current resident of the city? QQYes No 32 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. El IAgree Board -specific questions (if applicable) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 27, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile SANDRA L Prefix Fir Name Middle Initial Email Address ALVAREZ Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. vOMINN=M Primary Phone Alternate Phone SELF EMPLOYED Employer 5606 LEICESTER DR WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TEXAS WorkAddress - State 78414 OWNER/PRESIDENT Job Tit €s WorkAddress - Zip Code 361-850-3633 Work Phone SANDYALV1©ATT.NET Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) BACHELOR OF SCIENCE, PRINCIPLE OWNER OF ALVAREZ BUSINESS CONSULTANTS, RETIRED FROM AT&T AFTER 34 YEARS, NOW CONTRACTED WITH AT&T AS A CONSULTANT Registered Voter? QQYes No Current resident of the city? QQYes No 57 YEARS If yes, how many years? SANDRA_ALVAREZ Resume_copy.docx copy.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Sandra Alvarez Office/Mobile Number: January, 2014 — Present Owner & CEO, Corpus Christi, TX Alvarez Business Consultants Serve as the Public, Community, Public policy, Community Relations and Legislative advocate. Responsible for creating an environment that encourages state legislators to adopt new legislation that creates fair competition in a variety of industries throughout the State of Texas. I advocated for my Client's mission and challenge any adverse legislation that may hinder their growth and fight for a level playing field while advocating for new or existing policies. Able to have a deep understanding of my clients' interest in active legislation and able to reinforce my clients' position on issues at hand. September, 2005 — December, 2013 Rgnl Mgr -External Affairs, Corpus Christi, TX AT&T Texas Responsible for Public, Community and Governmental Legislative Affairs as the key point person and a positive image for the company in the region assigned. Advocate the company's initiatives within local and state governments while adhering to ethical processes. Responsibilities include keeping higher management abreast of pending legislation that may impact AT&T and defending and advocating for anti-competitive initiatives during the Legislative Sessions in Austin, TX. Advocate for deregulation and less constraints for competition or consumers' access to the latest technologies and encourage legislation that encourages high tech investment in Texas. Contribute to AT&T's media public affairs to write and deliver press releases. Responsible for maintaining and budgeting company resources to be used for sponsorships and special events without direct advertising and help drive customers to regional wireless stores. Promote teamwork by supporting sales teams with AT&T products and services. Consistently keep intercompany departments abreast of goals, focus, news and missions External Affairs members are working on. Effectively applies sound management skills by being the point of contact in problem solving customer complaints and engaging intercompany departments. August, 2003 — September, 2005 Area Mgr -Methods & Procedures, San Antonio, TX SBC Telephone Company Responsible for the implementation of total quality, methods and procedures, and process programs manager for my business unit in a key contributor role. Lead the design, facilitation, and training of a $3 million project to deliver total quality plans, lead the planning, developing, and implementing techniques for ensuring the maintenance of quality levels using accurate methods, procedures, and processes. Developed metrics that provide data for process measurement; identify indicators for future improvement opportunities as well as collect data to identify root causes of problems. Provide consultation on the use of re-engineering techniques to improve process performance and product quality. Delivered presentations and training courses including measurement, analysis, improvement and control to Service Representatives. Perceived and expected to be the Subject Matter Expert (SME) [Type text] [Type text] [Type text] December, 1999 — July, 2003 Call Center Mgr, Corpus Christi, TX Southwestern Bell Telephone Company Supervised 200 service representatives responsible for contacting customers via telephone for the purpose of selling products/services/supplies to achieve the unit goals. Contributed to Southwestern Bell Telephone Company's strategic plan. Provided short-term planning and scheduling. Have a broad understanding of principles and theories, and concepts in applicable discipline, plus working knowledge of other related fields. Responsible for conducting interviews, evaluate and hire service representatives assisting Human Resources finding the best qualified employees, training, scheduling, coaching and attendance performance and problem solving. Prepared reports on call and sales activities. Responsible for inbound, outbound telesales activities. Managed activities associated with the resolution of escalated customer complaints regarding the company's products or services that have reached the highest level. Utilize call center and/or customer service resources in order to investigate customer complaints. July, 1989 — December, 1979 Customer Service Rep., Corpus Christi, TX Southwestern Bell Telephone Company Education: Texas A&M University — Corpus Christi, Bachelor of Science, 2012 Associate's Arts Degree/ Del Mar College, 1992 Registered: Lobbyist in the State of Texas Languages: Spanish Clients: AT&T Texas City of Alice Activities: Participated in many projects that include the Superintendent Key Leaders Network, Operation K.E.Y.S (Keeping Every Youth in School), CCISD Citizen's Bond Election Committee, participating in the Dropout Awareness Summit committee scheduled for 2009, danced Folklorico to bring Diabetes Awareness, volunteered for the MDA lock -ups and Labor Day Telethon, serve as a Judge for the Ms. Coastal Bend Senior Pageant and Judge for the LULAC Feria de las Flores pageant, appointed by Mayor Garrett to be part of the City of Corpus Christi 2008 Charter Review team Boards: Corpus Christi Chamber of Commerce, Board Member, Government Committee Del Mar College Foundation as Scholarships Chair and Vice President Big Brothers Big Sisters of South Texas, Board Member Corpus Christi Education Foundation, Board Member Westside Business Association, Board Member Corpus Christi Regional Economic Development Corporation, Board Member Kingsville Industrial Economic Development, Board Member Sandra Alvarez Awards: Recognized by LULAC as an "Outstanding Community Leader" in 2007; Westside Business Association as "Community Leader of the Year" in 2008 Big Brothers Big Sisters of South Texas as "Big Sister of the Year" in 2008 YWCA's "Y Women in Careers" in 2009 United Married Couples "Community Leader of the Year" in 2010 Corpus Christi Hispanic Chamber of Commerce" Advocate of the Year" in 2011 Recognized by Citgo during "Hispanic Heritage Month" in the Corpus Christi Caller Times, 2014 Certifications: HR functions to include (AT&T): • Hiring & Dismissal of employees, • Conducting Interviews • Attendance, • FMLA training, • Training and Development BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Mar 03, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Richard Burns Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone HLINLHK JULU 1 IVINJ- MANAGEMENT SOLUTIONS OF SOUTH TEXAS Employer WorkAddress- Street Address and Suite Number WorkAddress - City WorkAddress - State Alternate Phone CEO Job Title WorkAddress - Zip Code Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) MBA, AUBURN UNIVERSITY ALABAMA BA, UNIVERSITY OF NORTH CAROLINA, CHAPEL HILL, NC COMMUNITYACTIVITY: LIFE TEEN VOLUNTEER, CHURCH PREVIOUS: GREATER AUSTIN AT WORK TASK FORCE; PRESIDENT, CENTRAL TEXAS DIVERSITY COUNCIL SEE ATTACHED RESUME Registered Voter? QQYes No Current resident of the city? QQYes No 3 If yes, how many years? BURNS2.pdf Upload a Resume BURNS.pdf Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. Z IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. PERSONAL INFORMATION RICHARD J. BURNS ("RICH") EDUCATIONAL BACKGROUND Auburn University MBA University of North Carolina, Chapel Hill BA Summary: Accomplished Human Resources Professional (15 years' experience) with highly developed HR technical skills (HMS, MS Office, data reporting systems).. Highly experienced in employee skills assessments, job analysis, compensation structures. "Voices" (360 assessment) certified. Former Naval Aviator with extensive leadership experience of high performing teams. Served on the staffs of Chief of Naval Air Training and Commander Naval Air Forces Pacific Fleet in training standardization and manpower analysis capacity. Served as Commanding Officer NAS Pensacola and managed Civil Service function in that capacity. Excellent interpersonal skills --collaborative. Accomplished presenter and trainer. Extensive experience providing consultation and creative solutions to leaders and decision makers on HR issues, policies and laws. Currently manage an HR shop of 4 professionals. PROFESSIONAL EXPERIENCE THE UNIVERSITY OF TEXAS AT AUSTIN 2000 to January 2015 Austin, Texas The University of Texas at Austin is the Flagship of the University of Texas System. The University is a highly complex organization with approximately 50,000 students and 23,000 employees. In addition to the main campus, there are other research and satellite facilities in Austin as well as the MacDonald Observatory in Fort Davis, Texas and the Marine Science Institute in Aransas Pass. The University is one of the largest institutions of higher education in the country. ASSOCIATE ATHLETICS DIRECTOR FOR HUMAN RESOURCES Lead and Manage all HR functions for the NCAA Division! Athletics Department—a staffof400 permanent employees and 700 part time and temporary employees (state employees). Major departments include finance, facilities operations and maintenance, sports administration, event operations, communications, marketing and the Longhorn Foundation (fund raising), the Erwin Center entertainment facility. HR team supports ail human resources functions including recruiting, compensation, compliance, time and attendance, employee relations, training and development, benefits and salary administration, workers compensation. Works closely with risk management. DIRECTOR, STAFFING AND CAREER MANAGEMENT SERVICES Manage a team of human resource professionals providing services to campus clients in the areas of managing talent— recruitment, retention, compensation, job analysis, job design, compliance, diversity and compliance. Provide consultation to campus leaders and managers on recruitment and retention strategies, long range human resource strategic planning and organizational design. Use state of the art tools for developing salary structures, compensation analysis, and organizational analysis. Design and develop electronic solutions to automate processes. Serve as member of the Human Resource Services Management Team. Currently serve as consultant in human resource generalist role. Presented at numerous meetings and conferences including Texas Workforce Commission, Greater Austin At Work, WorkSource and the Texas Diversity Council state-wide conference. BLUE CROSS AND BLUE SHIELD OF FLORIDA 1995-2000 Jacksonville, Florida Blue Cross and Blue Shield is the largest health insurer in Florida -9000 employees—home based in Jacksonville with offices in Miami, Tampa, Orlando and Pensacola. It is rich in technology and human systems required to service the health insurance needs of its millions of members DIRECTOR, HUMAN RESOURCES (HRIS & PROJECTS) Had hands on leadership accountability for the implementation of PeopleSoft HR and Payroll (HRMS) plus eLabor Time and Attendance Management System (TAMS). SIOM project encompassed employee administration, benefits, compensation and payroll. Project (Phase 1) was completed on time and under budget. 30 project team members reported to me through a project management office (PMO). Cross functional team consisted of HR and Payroll professional staff, IT technical and systems integration partner --KPMG. Recognized for leadership and results. UNITED STATES NAVY Numerous leadership assignments and achievements as a successful career Navy Pilot flying advanced fighter jets aboard aircraft carriers. Experience included 5000 flight hours and flying operational missions during hostilities. Served as Squadron Commander, and Deputy Carrier Air Wing Commander and large base commander (Pensacola Naval Air Station). During career, consistently rose to positions of increased accountability and leadership in an organization that is complex and mission oriented in a global perspective. March 3, 2015 Ms. Rebecca Huerta City Secretary City of Corpus Christi, Texas Dear Ms. Huerta, tiirIarrt Riirnc Please accept my application for membership on City of Corpus Christi's boards, commissions, and committees. I have been residing in Corpus Christi since July, 2012 with my wife Penny, however, my association and with Corpus and the Coastal Bend goes back quite a bit longer. I met my wife while I was a Navy flight instructor at NAS Chase Field, Beeville after which we transferred Chief of Naval Air Training (1980), NAS Corpus Christi. Our son and grandson were both born in Corpus Christi. 1 am a graduate of the University of North Carolina, Chapel Hill and received a Masters in Business Administration from Auburn University, Alabama. As a former Navy Pilot, l served as Squadron Commander, Deputy Air Wing Commander and then Base Commander of Naval Air Station Pensacola, Florida—with its large, deep water port and high volume air field. After the Navy, I joined Blue Cross and Blue Shield of Florida in Jacksonville, Florida, where I served as Director of Human Resources Information Systems; and then became project leader for the purchase and implementation of PeopleSoft human resources management system, a $9M project, managing a team that consisted of 30 staff. In 2000 we returned to Texas and 1 began employment with the University of Texas at Austin (19,000 employees). I served as Associate Athletics Director for the NCAA Division 1 Athletics Department human resources function. The Longhorns Athletics Department had 400 permanent and 700 employees, with a budget of $160M. I left the University last month, January of 2015. I have a strong background in leadership roles in both the private and public sectors. 1 am anxious to serve in the community in areas where my experience will help. Please do not hesitate to contact me if you have any questions. I am attaching my application and resume. Sincerely, Rich Burns BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 11, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Scott M Prefix Fir Name Middle Initial Email Address Harris P.E. Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 1 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111.111111111111 411111.114.111. Primary Phone Alternate Phone Lockwood, Andrews & Newnam, Inc. Regional Manager Employer Job Tit €s 500 N Shoreline Blvd Suite 905 WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78401 WorkAddress - Zip Code Work Phone smharris@lan-inc.com Work E-mail address Work Address Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently serve on the Transportation Advisory Commission. Education, Professional and/or Community Activity (Present) BS Engineering, Prairie View A&M University, 1999 Master Business Administration (MBA) Ongoing with TAMUCC and Naval Post -Graduate School **see attached for community service** Registered Voter? QQYes No Current resident of the city? QQYes No 16 If yes, how many years? Harris_Bio.pdf Upload a Resume Application to Type _A_Board.pdf Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. LCDR Scott M. Harris, P.E. Mr. Harris has led people, projects, and pursuits for over 25 years. He is a community servant, involved with his family, and a military veteran. Science Degree in Civil Engineering He has a successful record of implementing strategies to achieve his goals and targets. He leads by example, consults and delegates when necessary, promotes honest and open communication, and has been an advocate for common sense improvement of policies and procedures to eliminate fraud, waste, and abuse. Biography: Scott Harris enlisted in the United States Army on November 19, 1988. He completed Basic Training in Fort Sill Oklahoma in 1989 and shortly after received orders to Germany. In 1991, he was reassigned to Fort Lewis, Washington, where he met his wife and married in 1992. 'In 1993, Scott left active duty to pursue an education and start a family in Texas. He enlisted in the Texas Army National Guard to continue his service to our nation. In 1999, Scott received his Bachelors of and in 2001 received a direct commission into the US Navy as an Ensign. In 1999, Scott went to work for HDR Engineering in Corpus Christi. His experience also included management of disaster related contracts and engineering services, construction management, client relations, and marketing. In 2005, Scott deployed to Iraq, where he maintained accountability for construction operations and 490 sailors during a nine-month combat deployment. In June 2009, he deployed again to support US Navy's Pacific Area Command's (USPACOM) construction mission in Korea, Japan, and Guam. There he managed the funding, ordering, and movement of $30M in construction materials across the Pacific Area of Operations. In 2011, Scott deployed for his third overseas tour to Guantanamo Bay, Cuba. From there he led an 85 -person construction detachment in support of humanitarian assistance, disaster relief, and global peacekeeping operations. He supervised engineering projects in twelve different countries in Central and South America and across the Caribbean. In 2013, Scott accepted a position with Lockwood, Andrews & Newnam, Inc. (LAN). There he supervises a staff of engineers and technicians. He plans, schedules, and coordinates the preparation of construction documents and contracts and he completes job -cost accounting and develops project budgets and schedules. Scott leads the company on regional pursuits and proposals and acts as a trusted advisor to clients. Responsible for invoicing and accounts receivable and managing the quality control activities for the regional office. Scott has been married to his wife Sylvia for twenty-three years, has a daughter Bianca (15), son Bradley (13), and son Bill (5). He lives in Corpus Christi, Texas and is employed with Lockwood, Andrews & Newnam, Inc. Community Service: • Leadership Corpus Christi, Class 44 — 2015 • Salvation Army Advisory Board, Member, 2015 - present • City of Corpus Christi Transportation Advisory Commission (TAC), Chairman, 2012 — present • Nueces County Republican Party, Precinct Chair, Election Judge, and Delegate - present • Society of American Military Engineers, Member, 2001-2013; Post President - present • American Society of Civil Engineers, State Director - Corpus Christi Branch, 2008-2010 Awards & Honors: • Traylor Dixon Sells, Jr. Memorial Scholarship, 2013 • Pathfinders Gold Award, Community Service, March 2013, March 2009 • US Navy Commendation Medal, 2012, 2011, 2006 • US Navy Achievement Medal, 2007 • Global War on Terrorism / Operation Iraqi Freedom Campaign Medals, 2006 • US Army Achievement Medals (3), 1991, 1993, 1996. Education: • Texas A&M University Corpus Christi, Presently attending, Masters in Business Administration, M.B.A. • US Navy War College, March 2012, Diploma, National Strategy and Strategic Studies (includes: organizational management, strategy and policy, national security, staff planning and joint maritime operations). • Marine Corps University, Joint Engineer Operations, Dec 2008, Certificate of Graduation (Joint (DOD) doctrine, planning and operations, capabilities and organization of military engineers including USACE, USN, USAF, and USMC). • US Navy Civil Engineer Officer School, May 2003, Certificate of Graduation (Curriculum includes Contracting, Public Works, Facilities Management, and Military Construction; construction project management, and Naval Construction Forces). • Prairie View A&M University, Dec 1999, B.S. Civil Engineering • United States Army Survey School, Dec 1989, Certificate of Graduation (Surveying) Work Experience: • Lockwood, Andrews & Newnam, Inc. Regional Manager— 2013 to Present • HDR Engineering, Project Engineer —1999 to 2013 • US Navy Reserves, Civil Engineer Corp Officer — 2001 to Present • Texas A&M University System, Engineer Assistant —1995 to 1999 • Texas Army National Guard, Combat Engineer -1993 to 2001 • InterSurv, Inc. — Surveyor / Party Chief —1993 to 1995 • United States Army — Surveyor —1988 to 1993 Publications & Papers: • Renewed Attention to the Role of the US Navy, Dec 2014, US Naval Institute General Prize Essay Contest • Sustaining America's Excellence, Aug 2013, US Naval Institute Leadership Essay Contest • The Elephant in the Room, Why Engineers are Reluctant to Discuss Infrastructure Funding?, Feb 2013, American Society of Civil Engineers • A Historical Comparison of Public -Private Partnerships, Oct 2013, American Society of Civil Engineers • A Three -Pronged Approach to Addressing Potential Chinese Belligerence, Feb 2012, Naval War College, Newport, RI • What are the Military's Likely Roles in Responding to Failed or Failing States? May 2011, Naval War College, Newport, RI • An Analysis of Critical Factors and Center of Gravity's affecting the outcome of the Falklands/Malvinas Conflict of 1982, Feb 2011, Naval War College, Newport, RI • How David defeated Goliath in 1905: A review of the use of some basic principles of war, Jan 2010, Naval War College, Newport RI • A Comparison of American Revolution Strategies, Dec 2009, Naval War College, Newport, RI Principles & Perspectives: • Strong Families — my intent is to give my children the hope of a better tomorrow, the promise of a safe and secure today, and an appreciation for our history and heritage. • Principled, Innovative Leadership — I support principled leaders with an understanding of Texas' heritage and a clear vision for Texas' future. Leadership that is firm in the face of criticism, committed when confronted with adversity, and devoted to building a better State. • Limited Government — I support a government that promotes policies to unlock individual potential and unleash economic growth; government that does not try to be all things to all people. • Honest Compassion — I take part in a community assisting those in need rather than a government trying to solve every problem by just throwing more money at it. • Opportunity For All — I believe in the opportunity to chart one's own course, start a business, chase a dream, or build a life regardless of gender, race, or religion. • Quality Education — I support an educational system that prepares children for tomorrow's workplace regardless of race, wealth or geographical location and that is not always found in public schools. It starts at home. I currently homeschool my children and believe that education is the bedrock of freedom and the gateway to opportunity. • Personal Responsibility — I think that individuals should take personal responsibility for their own actions and a criminal justice system based on this idea. With freedom comes responsibility. 11/11/2015 Scott M Harris, P.E. City of Corpus Christi ATTN: MAYOR AND CITY COUNCIL MEMBERS 1201 Leopard Street Corpus Christi, TX 78401 Dear Mayor and City Council Members: Please accept this letter with my application for appointment to the Corpus Christi Business and Job Development Corporation Board of Directors. My familiarity with local business, economic development, and infrastructure attests that I am strongly suited for appointment to this board of directors. I currently Chair the City of Corpus Christi's Transportation Advisory Commission and feel that it is now a good time in my career to make even more of a difference for my City. The duties involved in being a member of this Board of Directors are of the utmost importance to the future of our City and I want to be more involved. Through my leadership, experience, and education, I have developed a keen understanding of the key issues that our community faces regarding economic development, employment, housing, and quality of life. This understanding will serve as a strong foundation for making important, timely, decisions that are often required of being a trusted advisor. I offer four specific reasons why I should be considered: 1. Leadership - I have over twenty-six years of leadership, managing and supervising personnel of very diverse backgrounds. I have a successful record of implementing strategies to achieve my goals and targets. I lead by example, consult and delegate when necessary, promote honest and open communication, and have been an advocate for common sense improvement of policies and procedures to eliminate fraud, waste, and abuse and value -based, ethical leadership. I am also a current student of Leadership Corpus Christi (LCC Class 44). 2. Policy Making Experience - I am unique in that my engineering career and community service have given me direct and relevant experience in making important policy decisions that affect organizations, people, and families. I make fair and timely decisions. Examples include: a. Appointed by City Council to the Transportation Advisory Commission. I make policy decisions regarding street improvements, traffic safety, mobility, and accessibility for our citizens. b. Appointed to the Salvation Army Advisory Board in Corpus Christi. The decisions I make with the Salvation Army affect many poor and needy families and veterans in my community. We are the only shelter in the region focused solely on veterans and families. c. Appointed Precinct Chair for Nueces County. I was hand-picked as a delegate for the County and State Conventions in 2014 and assisted with drafting and approving the Party Platform for the State of Texas. d. Former State Director for the American Society of Civil Engineers. I assisted with developing legislative talking points concerning state infrastructure issues. e. Post President for the Society of American Military Engineers. I lead outreach to the community, veterans, and families, raise money for Science, Technology, Engineering, and Math scholarships, and assist with Habitat for Humanity projects in the community. f. Member of the Corpus Christi Chamber of Commerce Infrastructure Committee. I assist with community policy decisions that support our business community. 3. Education — I believe that education is life-long. My education validates my appointment to the Corpus Christi Business and Job Development Corporation. I am currently completing my Master's Degree in Business Administration and have completed numerous graduate level courses in strategic planning, organizational development, and business. My ultimate goal would be to obtain a Doctorate Degree in Management or Organizational Leadership and focus my studies on public policy. 4. Business Success — my recent experience with Lockwood, Andrews & Newnam, Inc. (LAN) is a testament to success that a business like ours has made in this community. Two years ago, I was hired to open the local office for LAN and challenged to grow the business under ever -fluctuating market conditions. In the past two years I have been able to hire six employees and bring in over 3 Million in revenue for my firm. The projects I personally manage locally range in total cost from 2 Million to 78 Million. This ability to start from scratch and grow an engineering business in the Coastal Bend is a strong reason to select me to be a trusted advisor in making business and job development decisions for this community. I have attached my biography/ resume for your consideration. I can best be contacted via email Sincerely, Scott M rris .E. BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jun 11, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Scott Kemp Prefix First Name Middle Last Name Initial Email Address Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone VALUEBANK TEXAS SR. VICE PRESIDENT/SR. LOAN OFFICER Employer Job Title 7110 S. STAPLES WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78415 WorkAddress - Zip Code 361-866-7732 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME Registered Voter? QQ Yes No Current resident of the city? QQYes No 1 If yes, how many years? KEMP.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION / LOAN REVIEW COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Financial Institutions Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. SCOTT KEMP SKILL SUMMARY • A career banking professional with 29 years of commercial and consumer lending experience in small business and middle market banking environments • Extensive experience underwriting and approving all types of business credit, commercial real estate loan requests, and consumer credit • Business development expertise calling on companies with revenues of up to $50 million • A self -motivated team player who leads by example and consistently meets or exceeds company goals and objectives • Equally proficient and experienced in both credit and sales roles; responsibilities have included relationship management, credit administration, and regional management over multi -county geographical territories • Attended and completed formal credit training from one of the top commercial lending training programs on the West Coast • Excellent interpersonal and organizational skills; adept at multi -tasking and equally capable of working independently or as part of a team PROFESSIONAL EXPERIENCE VALUEBANK TEXAS 2013 — Present Senior Vice President / Senior Lending Officer • Responsible for commercial lending team's business development activities and loan production • Created formal performance objectives, job responsibilities, and created an incentive plan for the commercial lending staff to align their goals and activities with the bank's overall goals and strategy • Provided sales, underwriting, and credit training to new lending personnel • Approval or concurrence on all commercial loan requests prior to presentation at Senior Loan Committee • Responsible for the bank's overall commercial loan production and net portfolio growth. In the first six months of 2014, increased the bank's commercial loan outstandings from 5100 million to $116.2 million, a 32.4% increase (annualized) and 162% of the prorated annual goal of $20 million CORE BUSINESS SOLUTIONS 2009 — 2013 Owner/Consultant • Business lending -related consulting activities within the financial services industry. • Restructured the business lending functions for two different credit unions • Chief Credit Officer responsibilities; approving all commercial and consumer loan requests, with responsibility for loan portfolio credit quality, collections, and regulatory compliance • Revised existing loan policies and procedures to align the organization's risk appetite with the economic climate • Created a Loan Documentation and Boarding Department; spearheaded changes to systems that allowed the Institution to begin funding & servicing commercial loans internally, saving the organization $400,000-$500,000 annually • Provided business credit and sales training to existing and new personnel, allowing them to grow loan outstandings by $13 million (87%) and increase core business deposits by 52.6 million (61%) (Mar. '09 — Dec. '09) • Created protocols for boarding, funding, post -boarding loan review, and tickler systems • Received "satisfactory" NCUA commercial loan examination ratings (Dec. '09 & Nov. '11) WASHINGTON MUTUAL BANK, F.A. (now CHASE BANK) 2007 — 2008 Regional Vice President / Area Manager • Introduction of Business Banking to the San Diego market, with ongoing responsibility for driving sales results and production of 14 Small Business Relationship Managers (SBRMs) relative to San Diego area goals • Provided credit and sales training to branch personnel throughout San Diego County to facilitate WaMu's intended transition from a retail savings bank focused on residential lending into one that emphasized and embraced small business banking • Led all regions within the SW Division (Ariz., CA, Nevada) in lending production (3rd and 4th quarters, 2007) • Led all regions within the SW Division in deposit growth (1st quarter, 2008) • Consistently ranked among the top one third in the SW Division in all stack -ranked categories SCOTT KEMP PAGE 2 WELLS FARGO BANK, N.A. 2006 —2007 Senior Vice President / Business Banking Area Manager • Direct responsibility for the Small Business Relationship Manager segment within North San Diego County, Murrieta, and Temecula • Accountable for the region's loan portfolio and deposit growth, as well as maintenance of the portfolio's overall credit quality • Management of 14-16 Business Relationship Managers/Lenders; provided coaching and mentoring to Improve business development skills and maximize sales and production results • Responsibility for commercial loan pricing and profitability within region; approval of credit requests within Individual lending authority UNION BANK OF CALIFORN IA, N.A. 1990 — 2006 Regional Vice President / Area Manager — San Diego Business Banking • Management and administration of the commercial lending function in San Diego County • Provided support to direct reports In negotiation with Credit Administration for all credits recommended for approval • One of only two Area Managers statewide with individual credit approval authority ($500,000 secured/$100,000 unsecured and $2,000,000 secured/$200,000 unsecured approval authority with one other co -approval signature) • Creation of annual regional marketing plan, resource deployment, and assisted with annual division operating budget • Consistently ranked among the top regions in California in annual commercial loan production (2004 - 2008) • Top-ranked region in Califomio in quarterly loan production for 4 quarters (2004 — 2006); ranked among the regions with the lowest delinquencies and fewest "criticized" credits over the same time frame • Consistently ranked among the top one third statewide in loon portfolio growth (2001 - 2006) EDUCATION • Indiana University—Bloomington, Indiana (1984) Bachelor of Science, Marketing & Advertising (2.93 GPA) • Pacific Coast Banking School - Seattle, Washington (2005) Senior bank management curriculum COMMUNITY INVOLVEMENT • Sheriff's Association of San Diego County (Member) • Torrey Pines Gliderport Advisory Board (Board Member) • Torrey Pines Paraglider Pilots Association (Officer/Board Member) • Big Brothers/Big Sisters of Indiana University (Co-founder) • North Dallas Economic Development Council (Business Advisor) • Corpus Christi Builder's Association (Member) REFERENCES • Furnished upon request BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 04, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Randy L Prefix First Name Middle Initial Email Address Maldonado Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION Street Address Suite orApt City State Postal Code District 5 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone Pete's Chicken -N -More Inc. President Employer Job Title 338 44th WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City Texas WorkAddress - State 78405 WorkAddress - Zip Code 361-882-1177 Work Phone randy@peteschicken.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) See Resume Registered Voter? QYes No Current resident of the city? DYes No 49 years If yes, how many years? Executive Resume of Randy Maldonado.doc Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Randy L. Maldonado PROFESSIONAL PROFILE Over 30 years' experience as business owner in wholesale and retail industry. Expertise in areas ranging from selling wholesale foods to operating multi -unit QSR restaurants. Key accomplishments: • Entrepreneur who grew an existing independent restaurant with sales of $300k annually to 1.1million in less than 2 years through effective business planning, creative sales techniques, and innovative marketing. • Expert knowledge and skills in all facets of restaurant operations such as marketing, team building, and quality assurance. • Recognized by the community as a self- made business man with a high degree of personal integrity. Known for a contagious passion for excellence, a talent for resourceful business solutions, and a heartfelt dedication to the local youth of the community. PROFESSIONAL EXPERIENCE PETE'S CHICKEN -N- MORE, INC., Corpus Christi, Texas 1995 -present President A local chain of restaurants serving award winning fried chicken and other American fare. • Purchased Pete's Chicken To Go from the founder, Pete Santikos • Guided the growth of one restaurant which surpassed expectations to the opening of an additional seven in a 10 year time span. • Implemented a franchising package to offer the concept in 39 states. • Created systems and procedures for running a smooth operation. • Experienced in purchasing, administration, and operational functions of restaurant management • Designed packaging and branding materials to achieve a professional look system wide. • Gained recognition for Best of the Best Chicken 2001-2014 FAJITA JUNCTION, LLC., Corpus Christi, Texas 2008-2012 Managing Partner An independent fast casual Tex-Mex restaurant. • Developed original concept based on freshness and quality. • Designed layout of kitchen and dining room. • Selected color scheme and interior design. • Directed and trained personnel to cook, prepare and serve food. • Gained recognition for Best New Restaurant 2009 SAM HAUSMAN MEAT PACKERS, Corpus Christi, Texas 1993-1995 Sales Representative • Opened new territories and developed new customers. • Grew weekly sales from $0 dollars to $50k in 6 months. • Re-established sales from former customers who had not purchased from company due to dissatisfaction. SOUTH TEXAS EGG & POULTRY, Corpus Christi, Texas 1986-1993 Owner A wholesale egg and poultry company servicing restaurants, hospitals, grocery stores, and meat markets. • Began a company specializing in eggs and poultry to compete against one local distributor. • Gained customers by making calls and visits. • Established route and grew customer base to serve 100 clients. • Diversified into other products to stay competitive. • Business was successfully sold. EDUCATION Associates of Arts, Criminal Justice (1994) Del Mar College, Corpus Christi, Texas Professional Courses: Arthur Blanke School of Business Symposium for Educators and Entrepreneurs, Babson College, Boston, Massachusetts Executive Leadership, Resource Associates Corporation, Mohnton, Pennsylvania MEMBERSHIPS Past Member, Corpus Christi Westside Business Association Past Member, TAMUCC Business Council Past Board Member, Corpus Christi Crime Control Board Past Board Member, Corpus Christi Habitat for Humanity Past Chairman, Corpus Christi Hispanic Chamber of Commerce Past Director, Coastal Bend Restaurant Association Past Director, Corpus Christi Neighborhood Visions Past District Chair, Boy Scouts of America Past Director, Corpus Christi Chamber of Commerce AWARDS WBA Small Business of the Year Award (2002) Dr. Hector P. Garcia Outstanding & Prestigious Community Leaders' Award for Business Achievement (2003) Hispanic Chamber of Commerce Business Person of the Year (2003) Corpus Christi Chamber of Commerce Small Business of the Year (2006) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Oct 10, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Scott H Prefix First Name Middle Initial Email Address Mesmer Last Name Which Boards would you like to apply for? AIRPORT BOARD, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, ETHICS COMMISSION, NUECES COUNTY TAX APPRAISAL DISTRICT, OILAND GAS ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone Alternate Phone CAE Employer WorkAddress- Street Address and Suite Number Corpus Christi WorkAddress - City TX WorkAddress - State Instructo r Job Title 7841 WorkAddress - Zip Code 3619448401 Work Phone Scott.Mesmer©gmail.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Education, Professional and/or Community Activity (Present) BS Applied Math and Statistics BA Economics. Military Contract T44 Sim Flight Instructor for CAE Captain on B757 for Parallel Express Own Rental Properties "SoftengineHR" Payroll and Human Capital Management Software sales rep Registered Voter? QQYes No Current resident of the city? QQYes No 7 If yes, how many years? Scott_Mesmer City_ Application Resume.docx Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? OQ Yes Q No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Are you a resident and qualified elector* of the District (Nueces County)? OQYes No Question applies to NUECES COUNTYTAXAPPRAISAL DISTRICT. Have you resided in the District for at least 2 years? OQ Yes Q No Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Scott H. Mesmer Goal: Looking to give back and work with in the community that I live in by supporting the city in any way that I can. Business Development, Management and Investing Experience Own multiple rental properties in Corpus Christi Invested in Oil and Gas Drilling Rig program as well as Oil Drilling programs September 2015 to present SoftEngineHr sales consultant. Payroll and Human Capital Management software sales position August 2009 to present Co -Owner of Mesmerizing photography. Discovered what it means to be an owner of a business... September 2009 -Present: Elan Express and Parallel Express Business Development Set up Jet Fuel Brokering Business, created relationships with into plane agents, refineries, airport fbo etc to sell jet fuel to clients as well as managed aircraft. Developed relationships for marketing for aircraft parts, aircraft RVSM ferry movements, aircraft acquisitions. Jan 2007 to March 2009 Base Operations Manager for large aircraft international charter operations. Responsible for day to day operations of the base, duties included but not limited to, recommending staffing levels, developed recommendations for policy and procedures for operational needs, involved in hiring and selection process, ensured crewmember compliance with company policy, assigned non -flight duties in support of operations and marketing. Coordinated aircraft charter needs with Director of Operations, Director of Security, Manager of Maintenance, Dispatch, Marketing Department and crew to ensure high quality client experience and safety of flight for international operations. Worked with Director of Planning and Scheduling as well as Training Department to develop and staff monthly flight schedule. Coordinate with Brokers, Clientele, flight crew and management to ensure proper communication flow for process improvement, staff promotions, cost savings initiatives, and other duties not defined that are aimed at reducing costs while increasing productivity without sacrificing quality or safety. Aviation Work Experience CAE Feb 2014 to Present T44 Advanced Flight Sim Instructor & Platform Instructor Parallel Express Oct 2013 to - Part 125 B757 Simulator Chk Airman Oct 2013 to - Part 125 B757 Captain Elan Express Nov 2011 to - Part 125 B757 Simulator Chk Airman Oct 2009 to - Part 125 B757 Captain Swift Aviation Group Dec 11 to - July 13 Part 121 B767 Simulator Chk Airman June 10 to July 13 Part 121 B767 Captain Polaris Aviation Solutions - Jan 10 to June 10 SIC Pt 125 Dallas Mavericks Captain/Base Manager - Pace Airlines Oct 2002 to Oct 2009 8757/6767 Captain Domestic/International Part 121 Captain on B757 for FAA proving runs and check rides to add areas of operations to Airline Ops Specs such as the North Pacific, Polar Ops and North Atlantic Etops. Domestic and International worldwide charter operations that required operations into Russia, the Middle East, South America, Europe, the Pacific and Polar Areas of the Arctic Circle Flight Officer - USAirways May 99 to Jan 02 Pt 121 First Officer 6757/6767 A320 Flight Officer - USAirways Express, Piedmont Airlines July 97 to May 99 Pt 121 First Officer DASH 8 1600 Hours of ME Turbo Prop time Flight Officer - KIWI International Airlines July 95 to Oct 96 Pt 121 Flight Engineer - B727 Charter Pilot/ Flight Instructor - Airpark Sales & Service Oct 96 to July 97 PIC Piper Navajo Pt 135 Co Instructor &Asst Chf Pilot Feb 93 to July 95 PIC Piper Navajo Captain on DOD contract such as: Shuttling civilian engineers and military personal between military bases such as Patuxent River, Lakehurst, Dahlgren, Wallops Island Virginia and Cherry Point. Range clearing of oceanic restricted areas in support of F-18 testing program, missile test fire and other military operations. CFI and CFII Instructor Platform Instructor Education SUNY @STONYBROOK: Stonybrook, New York 1990 BS Applied Math and Statistics BA Economics BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 06, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Shawn A Prefix First Name Middle Initial Email Address Reader Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, LANDMARK COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1111111111111.11.16 11111111111.1.1. Primary Phone Alternate Phone Lexicon, Inc. Field Safety Team Lead Employer Job Title 2800 La Quinta Terminal Road WorkAddress- Street Address and Suite Number Portland WorkAddress - City Tx WorkAddress - State 78374 WorkAddress - Zip Code Work Phone ynk4@yahoo.com Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Arts in History received from Texas A&M University- College Station 2013 Associate of Arts Business Specialty received from Houston Community College 2009 Currently pursuing a Masters of Science in Occupational Safety and Health from Columbia Southern University projected completion date December 2016 Currently hold CHST (Construction Health and Safety Technician) certification Member of the Masonic Lodge as a Master Mason for more than 20 years Registered Voter? QQYes No Current resident of the city? QQYes No 2 years 4 months If yes, how many years? SHAWN READER Resume_2015.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree Oath swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to LANDMARK COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Historian Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Shawn Reader, BA, CHST PROFILE Certified Senior Health and Safety Management Professional with over 13 years of expertise in Human Resources, Compliance, Risk Management, and Cost Reduction. Results -driven achiever with excellent business acumen, communication and interpersonal skills. Broad experience dealing with regional and corporate levels of organizational management; with a strong emphasis in Industrial Construction in the Oil and Gas industry. Proven track record of success that resulted in increased profitability, improved performance, and one that cultivated productivity in a sensitive, fast -paced, competitive industry. Currently pursuing a Masters' degree in Occupational Safety and Health with an expected completion date of December 2016. Seeking a Safety Manager or other Director position with opportunities for growth and advancement that will benefit from my experience and leadership abilities. Capable of a wide range of assertive leadership roles. CURRENT SPOTLIGHT • Senior HSE leadership of field safety technicians for an industry leading steel erection company • Directly responsible for implementation and maintenance of safety management system and environmental management system, and for ensuring full compliance with all applicable Health, Safety, and Environmental (HSE) programs and policies KEY MANAGEMENT AREAS Developing Policies & Safe Operating Procedures Conducting Safety & Hazard Assessments Decision Maker, Prioritize & Delegate Policies & Procedures, Compliance Health/Safety Training Programs Administering HSE Programs Action Plans & Resolutions Regulatory Compliance Conducting Inspections Coaching/Mentoring Injury Investigation PROFESSIONAL ATTRIBUTES • Broad experience conducting risk identifications, incident reporting, and various compliance activities in chemical, petrochemical, gas processing/oil and gas production, shutdown and turnarounds • Strong management skills, leadership qualities, and communication abilities • Demonstrates professional reliability, highly self -motivated with the ability to assume increased levels of responsibility, anticipates and meets needs to achieve outstanding results • Articulate, diplomatic, persuasive; easily establishes rapport and credibility with people at all levels, works well with people from a variety of backgrounds and cultures • Successful approach to problem identification, assessment, resolution, and crisis management • Thorough knowledge of OSHA and DOT regulations, experienced in safety inspections • Sound decision-making abilities and analytical skills, maintains ongoing education • Available to travel. Will consider relocation for the right opportunity LICENSES/CERTIFICATIONS CHST ASP Certification Pending Principles of Occupational Safety and Health Hydrogen Sulfide (H2S) Certified Instructor OSHA 30 General Industry/OSHA 30 Construction Multiple DOT Management Certifications PEC Safeland/Safegulf Instructor American Heart Smart CPR/AED/First Aid EXPERIENCE Nov 2014 - Current Field Safety Team Lead, Lexicon, Inc., Portland, TX Conduct safety inspections and audits of worksite and processes for hazards and compliance. See PERFORMANCE LIST. • Report creation detailing daily activities, inspection results, and corrective actions • Field implementation of company policies in all aspects of safety • Conduct comprehensive training and new hire orientations • Investigate accidents for root cause and create reports, presentations, and bulletins • Advise management and subcontractors regarding safety implementation in the field • Point of contact for and oversight of subcontractors field operations Shawn Reader EXPERIENCE (cont'd) Oct 2014 - Nov 2014 Safety Coordinator, Electronic Metrology Lab, Corpus Christi, TX Safety Officer for construction retrofit project at Corpus Christi Naval Air Station. See PERFORMANCE LIST. • Conducted daily site inspections and contractor safety meetings • Permitting, monitoring, and oversight of confined space entry • Advised contractors regarding policies and requirements in all aspects of safety • Ensured compliance with federal regulations using EM385 • Position was temporary for fulfillment of a scheduled one month government retrofit contract 2 May 2014 - Sep 2014 HSE Supervisor, Palacios Marine Industrial, Tilden, TX Safety supervisor for tank storage facility new construction with approximately 90 employees. See PERFORMANCE LIST. • Managed implementation of company safety policies and regulations • Conducted orientation and onsite training for new and existing employees • Apprised construction site management regarding safety and regulatory requirements for all employees on location/Generated regular reports detailing status of onsite safety • Investigated accidents and generated reports of findings • Provided permitting for on-going work at the location • Position ended due to reduction offorce Apr 2013 - May 2014 HSE Director/HR Manager, Sprint Energy Services, Kenedy, TX Provided regional safety and DOT fleet management for multiple locations in South Texas with approximately 220 employees. See PERFORMANCE LIST. • Provided regional Human Resources oversight for multiple sites • Managed Safety and Human Resource departments/Created and implemented company -wide safety policies • Facilitated, scheduled, and provided orientation/onsite training for new/existing employees across all locations • Generated regular reports for executive level review covering safety, DOT fleet, payroll, overtime, hiring, and termination of employees/Effectively vetted and hired DOT and non -DOT candidates on ongoing basis • Implemented and managed fleet tracking programs Encompass and Qualcomm • Advised executive level management on safety, best work practices, labor law, hiring practices, terminations, and employee performance/Performed all background screenings and generated reports as per company policy • Acted as company Designated Employee Representative (DER) for substance abuse programs • Performed accident investigations and created executive level reports of findings • Liaison to client safety reps/Medical clearance fit testing/Managed ISNetworld account Jun 2010 - Apr 2013 Professional Development Sabbatical Left the formal workforce to prepare for future business ventures. Pursued educational opportunities including earning a Bachelor of Arts degree in History. Feb 2004 - Jun 2010 Owner/General Contractor, Reader Construction, Houston, TX Managed daily operations of residential contractor business. • Prepared bids • Performed customer service and sales • Scheduling projects • Performed carpentry services • Supervised work crews and subcontractors Shawn Reader 3 OTHER RELEVANT EXPERIENCE Aug 2003 - Feb 2004 Sales, Southern Shutters, Manor, TX Jul 1999 - Jul 2003 HSE Manager/Office Manager, Shadows of Texas, Houston, TX PERFORMANCE LIST • Evaluate HSE data, prepare and/or support preparation of reports as required by applicable regulations and company policies • Maintain records in compliance with applicable regulations: o Statistics o Inspections o OSHA logs o Checklists o Accident/incident files o First aid and minor incident trending • Use proper coaching techniques to correct unsafe behavior • Advise management of conditions that could lead to non-compliance or unsafe working conditions • Respond to, investigate, prepare and follow-up on safety and health and environmental mishaps, including making reports to regulatory agencies and company management • Ensure completion and documentation of HSE audits, assessments, as well as site and component inspections, required by regulation and/or policy • Coordinate any follow-up or corrective actions that may be required • Interact and support a broad spectrum of personnel internal and external to the company • Performed scheduled and unscheduled safety inspections and audits • Conducted and oversaw Incident Investigations involving contractors • Promote safe work habits • Assist worksite management in the implementation of safety, statutory and client requirements including industry best practices EDUCATION Columbia Southern University, Location, 2014 - Present Currently pursuing Master of Science degree in Occupational Health and Safety, expected completion date December 2016 GPA: 4.0 Texas A&M University, College Station, TX, 2010 - 2013 Bachelor of Arts Houston Community College, Houston, TX, 2008 - 2009 Associate of Arts with Business Specialty BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Jul 22, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Diana Summers Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION, PLANNING COMMISSION Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 1110111111111111.11 Primary Phone Alternate Phone HOGAN HOMES ASSISTANT TO THE PRESIDENT Employer Job Title 400 MANN ST WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City WorkAddress - State 78401 WorkAddress - Zip Code 512-994-8786 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) SEE ATTACHED RESUME BACHELOR OF SCIENCE IN BUSINESS ADMINISTRATION, DOUBLE MAJORED IN FINANCE AND ACCOUNTING FROM UNIVERSITY OF SOUTH CAROLINA, 2009 MASTERS OF ACCOUNTING FROM COLLEGE OF CHARLESTON, 2010 PROFESSIONAL EXPERIENCE: PRICE WATERHOUSE COOPERS, LLC, DALLAS: AUDITASSOCIATE 2010-2011; DELOITTE AND TOUCHE, LLC, AUSTIN: AUDIT SENIOR ASSOCIATE 2011-2013; HOGAN HOMES, ASSISTANT TO THE PRESIDENT 2013 -PRESENT MEMBER OF CORPUS CHRISTI ROTARY CLUB Registered Voter? QQ Yes No Current resident of the city? QQYes No 2 If yes, how many years? BROWN.pdf Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. Z !Agree swear that all of the statements included in my application are true and correct. ® IAgree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQYes No Question applies to PLANNING COMMISSION. Are you a registered voter of the City of Corpus Christi? QYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Diana Brown Permanent Address Acknowledged for strong analytical and problem salving skills, as well as development of team and client relationships. Recognized for achieving an understanding of numerous different business operations and processes, identifying and quickly elevating potential engagement issues, task prioritizing, and multi -tasking abilities. Enjoys challenging engagements and new opportunities to further develop professional skills. Thrives in a team environment yet also works well independently. Committed to exceeding the needs and expectations of the engagement and client. PROFESSIONAL EXPERIENCE Price Waterhouse Coopers, LLC, Dallas Associate, 2010 - 2011 Audited a diverse portfolio of clients including manufacturing, health care, financial, chemical, and holding companies. Part of review team for the issuance of an initial client stock offering Performed 404 SOX Controls testing. Participated on an Advisory and consulting engagement for major financial institution Deloitte and Touche, LLC, Austin Senior Associate, 2011— 2013 Managed and executed the audits of two companies in the manufacturing and construction fields. Participated on two company segment carve out audits. Performed 404 SOX controls design and operating effectiveness testing. Member of new client acquisition team EDUCATION University of South Carolina Bachelor of Science in Business Administration, 2009 Double Majored: Finance and Accounting Directed Studies: French College of Charleston Masters of $ccounting 2010 Study Abroad: University of South Carolina, Maymester Session, Kenya, Africa Studied business tactics and problem solving techniques within the economic and political structure of Kenya. Examined the local operations of The Coca Cola Company, Dockers, a subsidiary of Levi Strauss and Co., Kazuri Beads, Ltd. and KickStart, a non-profit dedicated to developing technologies for small-scale enterprises. Studied the importance of eco -tourism to the national economy. National Outdoor Leadership School, Broome, Australia Studied leadership skills and development, while facing extreme conditions of the Australian Outback. Also focused on technical outdoor skills and environmental ethics. OTHER/LEADERSHIP ACTIVITIES Recipient of the USC Thomas Moore Craig Leadership Award (2008) Recipient of the Student Government Executive Officer Meritorious Award (2009) Student Senator representing Darla Moore School of Business (2007 - 2009) Chairman for Senate Finance committee (2009) Sorority Coo i n c i l President (2008 - 2009) Omicron 1 '1.1 Kappa Honors Society President (2009) Mortar Board Honors Society Treasurer (2008) BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Apr 17, 2015 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Tanner Twomey Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION, CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, PARKS AND RECREATION ADVISORY COMMITTEE, PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY TX, WATERSHORE AND BEACH ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 4 What district do you live in? Please CLICK HERE for a map to verify your district assignment. Primary Phone hUUJ 1 UN HJ 1 KUJ/UUKF'UJ CHRISTI HOOKS BASEBALL CLUB Employer 734 EAST PORT AVE. WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State Alternate Phone ACCOUNT EXECUTIVE Job Title 78401 WorkAddress - Zip Code 361-561-4718 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) Registered Voter? D Yes Q No Current resident of the city? DYes No 1 If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Male Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. (Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® (Agree swear that all of the statements included in my application are true and correct. Z (Agree Board -specific questions (if applicable) Question applies to ARTS & CULTURAL COMMISSION. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Business Development Groups / Corporate Representative Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? OQYes No Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Are you a resident of the Port Authority district and an elector* of Nueces County? OQYes No Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. Question applies to PORT OF CORPUS CHRISTIAUTHORITY OF NUECES COUNTY TX. Have you been a resident of Nueces County for at least 6 months? OQ Yes Q No Question applies to WATERSHOREAND BEACH ADVISORY COMMITTEE. Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? * ❑ Scientist i.e.,Marine Biologist) ❑ Engineer ❑ Environmentalist ❑ Owner or Representative of a Hotel or Condo Located on North Padre Island or Mustang Island ❑ Corpus Christi Convention and Visitors Bureau Member ❑ None of the above BIOGRAPHICAL INFORMATION FORM FORA CITY BOARD, Submit Date: Nov 12, 2014 COMMISSION OR COMMITTEE FOR THE Status: submitted City Of Corpus Christi Profile Lindsay Walker Prefix First Name Middle Initial Email Address Last Name Which Boards would you like to apply for? CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, OILAND GAS ADVISORY COMMITTEE Street Address Suite orApt City State Postal Code District 2 What district do you live in? Please CLICK HERE for a map to verify your district assignment. 111111111.1.1110111 VIMMIE11.11 Primary Phone Alternate Phone CORPUS CHRISTI METRO SUSTAINABLE FUNDING MINISTRIES ASSISTANT Employer Job Title 1919 LEOPARD WorkAddress- Street Address and Suite Number CORPUS CHRISTI WorkAddress - City TX WorkAddress - State 78408 WorkAddress - Zip Code 361-887-0151 X226 Work Phone Work E-mail address Home/PrimaryAddress Preferred Mailing Address Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: NO Education, Professional and/or Community Activity (Present) YOUNG BUSINESS PROFESSIONALS, MASTER'S GRADUATE OF ORGANIZATIONAL PSYCHOLOGY FROM ALLIANT UNIVERSITY, SAN DIEGO AND BS GRADUATE OF PSYCHOLOGY FROM TEXAS A&M UNIVERSITY, COLLEGE STATION Registered Voter? Q Yes QQ No Current resident of the city? QQ Yes Q No If yes, how many years? Upload a Resume Please upload any additional supporting documents Demographics Completion of this information is VOLUNTARY. The City will use this information for statisticalpurposes only, such as tracking the diversity of board and commission appointees. By providing this information, you will help us ensure that appointments represent a broad cross-section of the community. Caucasian/Non-Hispanic Ethnicity Female Gender Verification City Code Requirement As a board, commission, or committee member, you will be asked to adhere to:City Code of Ordinances, Section 2-65, states that all members of city boards and commissions,including ad hoc committees, appointed by the city, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served.City Code of Ordinances, Section 2-61, provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. ® IAgree Consent for Release of Information understand that if any member of the public makes a request for information included in this application for appointment must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. ® !Agree swear that all of the statements included in my application are true and correct. ® !Agree Board -specific questions (if applicable) Question applies to CORPUS CHRISTI BUSINESSAND JOB DEVELOPMENT CORPORATION. Are you a qualified elector* of the City? QQ Yes Q No Question applies to OIL AND GAS ADVISORY COMMITTEE. Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * ® Not Connected with Oil and Gas Well Industry Question applies to multiple boards. *Qualified elector/voter means a person who is 18 years of age or older; a United States citizen; has not been determined by a final judgement of a court to be mentally incapacitated; has not been finally convicted of a felony or, if so convicted has fully discharged the person's sentence including incarceration, parole or supervision, or completed a period of probation ordered by any court; and a resident of this State. City Of Corpus Christi REINVESTMENT ZONE NO. 2 BOARD BOARD DETAILS OVERVIEW As, SIZE 14 Seats TERM LENGTH 2 Year TERM LIMIT N/A CONTACT 1 Arlene Medrano (361) 826-3355 arlenem@cctexas.com The Reinvestment Zone No. 2 Board shall make recommendations to the City Council concerning the administration of the zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the zone and submit such plans to the City Council for its approval in accordance with Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the zone only to the extent expressly granted by the City Council by ordinance or resolution. DETAILS COMPOSITION The Board shall consist of at least five and not more than fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the board. A taxing unit may waive its right to appoint a Director. The remaining members of the board are appointed by the City Council. The City Council shall have the right to appoint up to ten (10) members, and the board shall exceed fifteen (15) members if necessary for the City Council to make said ten (10) appointments. To be eligible for appointment an individual must be a qualified voter of the City or be at least 18 years of age or older and ow n real property in the zone. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the follow ing year. CREATION / AUTHORITY Motion No. 2000-396, 11/14/00; Ordinance No. 024270, 11/14/00; Motion No. 2000- 408; Motion No. 2000-409, 11/21/00; Motion No. 2009-259, 9/15/09. MEETS On call, Council Chambers TERM DETAILS Two-year staggered terms. DEPARTMENT General Government and Operations Support Rudy Garza Colleen McIntyre Chad Magill Nelda Martinez Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Board Name Status End Date Category Position REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment Seeking Reappointment 11/01/15 11/01/15 11/01/15 11/01/15 11/01/15 11/01/15 11/01/15 11/01/15 11/01/15 City City City City City City City City City Member Chair Member Member Member Member Member Member Member REINVESTMENT ZONE NO. 2 BOARD MEMBERS November 17, 2015 Nine (9) vacancies with terms to 11-1-17. Appointment of Chairman for a term of one-year beginning 1-1-16. Cal Jennings Barbara Canales Gabriel Rivas REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD REINVESTMENT ZONE NO. 2 BOARD Active Active Active 11/01/16 Nueces County Hospital District 11/01/16 Port Authority 11/01/16 Del Mar College Member Member Member Samuel Neal Jr. Steve Ellis REINVESTMENT ZONE NO. 2 BOARD Active REINVESTMENT ZONE NO. 2 BOARD Active 11/01/16 Nueces Co. 11/01/16 Flour Bluff I.S.D. Member Member AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: November 2, 2015 TO: Ronald L. Olson, City Manager FROM: Maria Pedraza, Procurement Manager MariaPe@cctexas.com 361-826-3176 Andres Leal, Jr., P.E., Interim Director of Street Operations andyl@cctexas.com (361) 857-1957 Emulsified Polymerized Asphalt CAPTION: Motion authorizing the City Manager, or designee, to enter into a supply agreement with Ergon Asphalt & Emulsions, Inc., Austin, Texas for emulsified polymerized asphalt in accordance with Bid Event 75, based on only bid, for an estimated 6 -month expenditure of $349,450.00. The term of the agreement shall be for six (6) months with options to extend for up to five (5) additional six-month periods, subject to the approval of the supplier and the City Manager or designee. Funds are available in the Material Inventory Fund by the Street Operations Department in FY 2015-2016. PURPOSE: The purpose is to approve a supply agreement for Emulsified Polymerized Asphalt. BACKGROUND AND FINDINGS: This material is used with aggregate for street seal coating. The City does not have a storage facility for this material. The contractor must have a facility to dispense the heated material into City trucks and/or deliver to the Service Center and load into City trucks with a temperature between 160-170 degrees Fahrenheit. All options to extend the previous contract have been exercised. The Purchasing Division advertised the bid event for two consecutive weeks in the newspaper as required by the State Statute and notified 29 potential vendors. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: ✓ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $349,450.00 $0 $349,450.00 Encumbered / Expended Amount $0 $0 $0 This item $349,450.00 $0 $349,450.00 BALANCE $0 $0 Fund(s): Street Fund Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid tabulation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: RUTH BROWN ITEM 1 DESCRIPTION Emulsified Polymerized Asphalt Standar Service picked up at suppliers location QTY. BID TABULATION EVENT NO. 75 EMULSIFIED POLYMERIZED ASPHALT UNIT ERGON ASPHALT & EMULSIONS, INC. AUSTIN, TEXAS Unit Price Extended Price 145,000 gallons $2.41 $349,450.00 $349,450.00 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: October 2, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement for the City's cost to extend North Oso Parkway CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $304,508.60 for the City's share of the cost to extend North Oso Parkway, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend North Oso Parkway. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road. BACKGROUND AND FINDINGS: The developer, MPM Development, LP., is developing the final phase of a multi -phased single-family residential subdivision named Oso View Subdivision. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Wooldridge Road. Oso View Subdivision will contain 63 single-family residential lots. The Planning Commission approved the plat for Oso View on May 20, 2015. The participation agreement is for half -street construction along North Oso Parkway frontage and for the required extra thickness of the asphalt on North Oso Parkway. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding North Oso Parkway for new subdivision as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014- 2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $800,974.02 $1,012,223.67 This item $304,508.60 $304,508.60 BALANCE $538,750.35 $394,517.38 $750,000.00 $1,683,267.73 Fund(s): Bond 2012 Comments: Balance reflects amount for Bordeaux Place Unit 4 participation agreement. RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Location Map RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $304,508.60 FOR THE CITY'S SHARE OF THE COST TO EXTEND NORTH OSO PARKWAY, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, L.P. ("Developer"), for the CITY's portion of the cost of North Oso Parkway, including all related appurtenances, for development of Oso View Subdivision, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- MPM Development LP -Oso View Participation Agreement Page 1 of 2 APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP -Oso View Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P. ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 17.101 acre tract of land, more or less, a portion of Lots 11 and 12, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Oso View ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct South Oso Parkway from its existing terminus for a distance of approximately 928 feet to connect with the existing roadway on North Oso Parkway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $304,508.60. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP -Oso View Subdivision vFinal Page 2 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF OSO VIEW SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MPM Development LP -Oso View Subdivision vFinal Page 3 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer MPM Development LP -Oso View Subdivision vFinal Page 4 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: If to the Owner: City of Corpus Christi MPM Development, LP. Attn: Director, Development Services Attn: Mossa Moses Mostaghasi, 2406 Leopard Street / 78401 General Partner P.O. Box 9277/78469-9277 426 S. Staples Corpus Christi, Texas Corpus Christi, Texas 78401 with a copy to: City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street / 78401 P. O. Box 9277 / 78469-9277 Corpus Christi, Texas 2. Notice must be made 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. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be November 17, 2017. (EXECUTION PAGES FOLLOWS) MPM Development LP -Oso View Subdivision vFinal Page 5 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 EXECUTED in one original this day of , 2015. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Ronald L. Olson City Secretary City Manager Approved as to legal form: Julian Grant Assistant City Attorney OWNER: MPM Development, LP. Mossa Moses Mostaghasi Date General Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Moses Mostaghasi, General Partner, MPM Development, LP., a Limited Partnership, on behalf of said partnership. Notary Public's Signature MPM Development LP -Oso View Subdivision vFinal Page 6 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 STATE 04 TEXAS COUNTY OF NUECES 4 THE OWNERS GEORGE OF THE�LAND LIMITED OTHE TWE ARE HEREBY THE CERTIFY THAT SUBJECT TOA LIEN IN THAT WE HAVE E NAD STIP TLAND . SURVEYED AND SUBDINDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, STREETS ARE HE GATED IN FEE SIMPLE TO THE PUBLIC USE FOREVER AND .S.ENTS ARE HERM' DEDICATED I THE 11.1B,L1,?&EJeONREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPRON THIS THE DAY OF MARILYNN C. YANKEE, GENERAL PARTNER STATE OF TEXAS COUNTY OF NUECES 4 THIS INSTRUMENT OAT ACKNOWLEDGED BEFORE ME Y THIS THE STATE OF TF_XAS COUNTY OF NUECES 9 U0000YN CERTF! THAT THE FOREGOING PUT WAS REGISTERED PROFESSIONAL UP PREPARED FROM A ND SURVEYOR OF SURVEY MADE ON S & WELSH ETH UNDER MY DIRECTION. IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO BET ALOT GROUND CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DEL, THIS THE DAY OF 20 . NOTES: 1198.. T1HE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID. SOUTH ZONE. NAD 2. FEINA AS SHOWN OR NOTED HEREON IS FROM F.A MAP, COMMUNITY P EL 48566403 INFORMATION D. REVISED AUGUST J. IGSB. ALL OF THE SUBJECT SPIE IS IN FEMA ZONE 'B'. STATE OF TEXAS COUNTY OF NUECES 9 HERBS CERT, THAT WE ARE THE HOLDERS OF A LIEN ON APPROVE TTHE SUHE BDIVISIONCANDWITHI(NNATV BOUNDAVRES OF THE FOREGOING MAP AND THAT WE DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN STATE OF TEXAS COUNTY OF NUECES g THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME).. (TITLE) of THIS DiE DAY OF 20 rvDTARY PUBIC, Iry AND FDR THE STATE DF rcxas STATE OF TIXAS COUNTY OF NUECES 9 THE FINAL PIAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI. TEXAS RATNA POTIUMEHlESEE= DATE STATE OF TEMPS COUNTY OF NUECES 9 THE FINAL TTHE DESCRIBED PROPER, WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRIST, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF 20 SECRETARY PHILIP J. RAMIR¢, ALA., LIFO AP DANIEL M. cFIMSB PE. MCP J. THE SUBJECT SITE CONTAINS 12,101 ACRES INCLUDING STREET DEDICATIONS. 0 500' 1000' 2000' 01010 OF TEXAS 4. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS SCALE I'- 1000' LOCATION MAP COUNTY OF NUECES 9 THE OSO BAY. THE -CEO HAS CLASSIFIED THE AQUATIC LIFE USE FOR THEI = 1000 <APPROX.T AS 'EXCEPTION, AND 'OYSTER WATERS'. TCEO. ALSO CATEGORIZED THE RECEIVING KARA SANDS. CLERK OF THE COUNTY COURT IN AND FOR SVD COUNTY, 00 HEREBY CERT, THAT WATER AS "CONTACT RECREATION' USE 5- PRIVATE RESIDENTIAL DRIVEWAY ONTO WOOLDRIDGE ROAD AND N. OSO PARKWAY THE FOREGOING INSTRUMENT DATED THE MY OF 20 WITH ITS SHALL BE PROHIBRED. CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF RErEA'N'ENi, AS 20 AT O'CLOCK M AND DULY RECORDED THE OEVELOPMENi CODE AND IS SUBJECT TO CHANGE As TIE ZONING MAY CHANGE. SHALL Bcrv18' MINIMUM FINISHED FLOOR ABUTTING smEET CErvrzRLNE ELSEVA0ON.. Illplll`lll MAY 2 0 2015 PLANNING COMMISSION PLAT OF OSO VIEW IA APR 2 7 2715 A 17.101 ACRE TRACT OF LAND. HERE IDR LESS, A oN OF LOT12, SECTION 32, S 11 AND MAP OF WHICH ISs RECORDED U IN V. CTS. A - CORDS. NU COUNTY, TN CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS R. WELSH ENGINEERING CO;O')3RDL�A4_4410 FIRM N0 1-02, 3054 S. ALAMEDA ST CORPUS CHRISTI, TEXAS 78404 SHEET 1 BF 2 DAY OF 20 AT O'CLOCK _,M IN THE MAP RECORDS OF SAID COUNTY IN VOLUME PAGEINSTRUMENT NUMBER WITNESS MY DAND SEAL OF THE COUNTY COURT FS CORPUS CHRISTI NUECES COUNTY. TEXAS, THE DAY AND YEAR LAST TMDWRITTEN_ N AT OFFICE KARA SANDS. CLERK COUNTY COURT Exhibit 1 Page 1 of 2 22 65' ROW 88, rg"LJNA'"or12,17.-.°A. 02285430E 420.44' 15,2 1 102?,1 SF S 28.36,12°E 156.26. 5,1 1"' 96.2 SF L_ —1sSFSITs. —4E4 — — — LOT 13 LOT 12 N 6 1 • 0 7 5 6 20' X 35' ranPORP_RY EZAWTEIN'SPRZg'Ir EtTENDED TO 71.18 NORE8WEST 178 76 69 25. 14 EE 4 60.75. 0 ,.... 5254842 S28 38.42, 95 75' 526 6.4202 /2-r0 s/DDF. 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Cli=50.56' 02 0.091'16'30' 8,4102,5. 0 A.31'32'377 7=125.05. 7.813.23' WX8g5'01.74 Va29.02, CH=64.91' CH=24.75' 01334.3,3,2, 01,a61,6.78 101-7rS810'..1,31, 01,18.64' 0 222 0 2s2252,81 ® 8=98.49.56. 7=1,26' 1,615.97' L=223.54' ?, 09,75,60J44,, 04 15 7 lin 20 2015 PLANNING COMMISSION 8080 01 8188444 120.00' I," 7401? Sr 528-36.42, 120 OW I 005, 1 I 1 i 120.00' I It I , I [ 0084460028 .1 -1- , Izo..00. gI 1800502 .,..';1 17/5 ‘‘,. 78038 SF 11 I I \ s E2.0,00 825.35'42rE ni 1,8 NI 8092 Sr -.I I, 5997 SE sm P- r NassmsrE .142.4.55o, --J— 12 120.25' Er' © 0 764 SF 18 82,38.42, 81 01 PLAT OF OSO VIEW CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING °Ra POOTi'aM JOH .81, 15006 FIRM NO F-52, 3054 S. ALAMEDA ST. SCALE. = 00' CORPUS CHRISTI, TEXAS 78904 18 5 11138 SF /50 5024/ sF11 sF S.28.35.42, / 106.9, S28.38,2"W 1210, 762(7.1 SF 8,02 120.69. 7490 sF 699'8 SF 1 4Z5'80'008, if - 129759. g 7,1'0 SF 7362 SF S28.36.42,7 118 3 10 I., 1 S2= L I L 0 0 30' 60' 120' SCALE. Ms 60' 864 SF rEl% FD 5/81.17. ,9L'9L9 3„£1,,Z1-1,9S 50' Tfr,"),,"71.1%;.• 8,8,, Exhibit 1 Page 2 of 2 c� i '00, O �¢ �9 q/Nq AF 14.5' 04,4144 i 1ll 516 OF TF,. 0 lar PI tiiiiii N�*ON :::.1‘. ELSH .. 8/18/15 EXHIBIT SHOWING N. OSO PARKWAY IMPROVEMENTS AT PARK 1..=100' 0 50' 100' 200' SCALE: 1"= 100' Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB—STR, JOB NO. 15006, SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW OVERALL ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS (NW OF CL OF N. OSO PARKWAY) QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 5670 LF 14.00 79,380.00 2. 5' RC VALLEY GUTTER 68 LF 60.00 4,080.00 3. 4" THICK R/C WALK 22581 SF 4.50 101,614.50 4. 6" THICK CONCRETE DRIVEWAY 1866 SF 6.75 12,595.50 5. 2" HMAC 7134 SY 17.50 124,845.00 6. 4" HMAC 1821 SY 35.00 63,735.00 7. 6" CRUSHED LIMESTONE BASE TO 2'BC 9274 SY 16.00 148,384.00 8. 8" LIME STABILIZED SUBGRADE TO 2' BC 11387 SY 8.00 91,096.00 9. 11" CRUSHED LIMESTONE BASE TO 2' BC 2113 SY 28.00 59,164.00 10. EXCAVATION 1 LS 69,000.00 69,000.00 11. CLEARING AND GRUBBING 1 LS 18,000.00 18,000.00 12. STREET SIGNS 6 EA 200.00 1,200.00 TOTAL STREET & SURFACE ITEMS $773,094.00 STREET & SURFACE ITEMS (N.OSO PARKWAY SE OF STREET CL) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 928 LF 14.00 12,992.00 2. 4" THICK R/C WALK 7602 SF 4.50 34,209.00 3. 4" HMAC 1831 SY 35.00 64,085.00 4. 11" CRUSHED LIMESTONE BASE TO2' BC 2241 SY 28.00 62,748.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 2241 SY 8.00 17,928.00 6. CLEARING AND GRUBBING 1 LS 1,100.00 1,100.00 7. EXCAVATION 1 LS 4,300.00 4,300.00 TOTAL STREET & SURFACE ITEMS $197,362.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 2711 LF 48.00 130,128.00 2. FIBERGLASS MANHOLE 12 EA 3,700.00 44,400.00 3. 4" OR 6" PVC PIPE SERVICE 63 EA 480.00 30,240.00 TOTAL SANITARY SEWER ITEMS $204,768.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 685 LF 32.00 21,920.00 2. 18" RCP 313 LF 36.00 11,268.00 3. 21" RCP 237 LF 44.00 10,428.00 4. 27" RCP 390 LF 50.00 19,500.00 5. 36" RCP 145 LF 54.00 7,830.00 6. 5' INLET 9 EA 3,500.00 31,500.00 7. MANHOLE 6 EA 4,000.00 24,000.00 8. R/C END -OF -PIPE STRUCTURE ON 36" RCP 1 EA 2,500.00 2,500.00 TOTAL STORM SEWER ITEMS $128,946.00 Exhibit 3 Page 1 of 3 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 910 LF 60.00 54,600.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 12" CAP TAPPED FOR 2" 1 EA 700.00 700.00 4. 12" TEE 6 EA 850.00 5,100.00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6. 6" GATE VALVE W/ BOX 3 EA 975.00 2,925.00 7. 6" 90° EL 3 EA 300.00 900.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 TOTAL WATER ITEMS $83,675.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" PVC PIPE 2465 LF 32.00 78,880.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 6" GATE VALVE WITH BOX 10 EA 975.00 9,750.00 4. 6" EL, ANY ANGLE 7 EA 200.00 1,400.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" TEE 5 EA 300.00 1,500.00 7. 2" PE PIPE 1047 LF 20.00 20,940.00 8. 2" DOUBLE STRAP CONNECTOR TO 6" OR 12" PIPE 2 EA 450.00 900.00 9. 2" GATE VALVE WITH BOX 3 EA 525.00 1,575.00 10. WATER SERVICE, SINGLE 5 EA 500.00 2,500.00 11. WATER SERVICE, DOUBLE 29 EA 600.00 17,400.00 TOTAL STREET & SURFACE ITEMS $146,095.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. BLANK 2" & 4" PVC CONDUITS FOR AEP 150 LF 15.00 2,250.00 2. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 6056 LF 2.00 12,112.00 TOTAL MISCELLANEOUS ITEMS SUBTOTAL CONSTRUCTION 10% ENGINEERING, SURVEYING & TESTING TOTAL CONSTRUCTION $15,362.00 $1,549,302.00 $154,930.20 $1,704,232.20 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW STREET ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS AT PARK (N.OSO PARKWAY SE OF STREET CL) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 928 LF 14.00 12,992.00 2. 4" THICK R/C WALK 7602 SF 4.50 34,209.00 3. 4" HMAC 1831 SY 35.00 64,085.00 4. 11" CRUSHED LIMESTONE BASE TO 2' BC 2241 SY 28.00 62,748.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 2241 SY 8.00 17,928.00 6. CLEARING AND GRUBBING 1 LS 1,100.00 1,100.00 7. EXCAVATION 1 LS 4,300.00 4,300.00 TOTAL STREET & SURFACE ITEMS AT PARK $197,362.00 OVERSIZING OF N.OSO PARKWAY NW OF STREET CL, OVERDEPTHS AND OVERWIDTHS 28'BB TO 40'BB, REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 4" HMAC OVERWIDTH 602 SY 35.00 21,070.00 2. 2" HMAC OVERDEPTH 1204 SY 17.50 21,070.00 3. 11" CRUSHED LIMESTONE BASE OVERWIDTH 602 SY 28.00 16,856.00 4. 5" CRUSHED LIMESTONE BASE OVERDEPTH 1204 SY 13.00 15,652.00 5. 8" LIME STABILIZED SUBGRADE OVERWIDTH 602 SY 8.00 4,816.00 TOTAL STREET & SURFACE ITEMS OVERSIZE/OVERDEPTH SUBTOTAL STREET AND SURFACE ITEMS 10% ENGINEERING, SURVEYING & TESTING TOTAL STREET AND SURFACE ITEMS $79,464.00 $276,826.00 $27,682.60 $304,508.60 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor 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. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor 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. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor'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 and completed operations and activities 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. Exhibit 4 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi zip: 78463 FIRM is: ❑ Corporation 'Partnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi Title: Director (Print) Signature of Certifying Person: 74,0-- 7i//49 Date: 7-17-2015 K: DEVELOPMENT SVCS \SHARED ALAND DEVELOPMENT\ORDINANCE ADMINISTRATION APPLICATION FORMS FORMS AS PER LEGAL\2012\DISCLOSURE OF INTEREST S STATEMENT 1.27.12.DOC Exhibit 5 Page 1 of 2 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K: DEVELOPMENT SVCS \SHARED ALAND DEVELOPMENT\ORDINANCE ADMINISTRATION APPLICATION FORMS FORMS AS PER LEGAL\2012\DISCLOSURE OF INTEREST S STATEMENT 1.27.12.DOC Exhibit 5 Page 2 of 2 Aerial Overview OSO VIEW AERIAL OVERVIEW MAP t N Aerial AERIAL MAP OSO VIEW 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: TO: Ronald L. Olson, City Manager October 12, 2015 THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE©cctexas.com (361) 826-3851 Enqineerinq Contract McBride Lift Station and Force Main Improvements CAPTION: Motion authorizing the City Manager or designee to execute an engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. PURPOSE: The purpose of this agenda item is to obtain authority to execute a contract for the McBride Lift Station and Force Main Improvements. BACKGROUND AND FINDINGS: The McBride lift station system is located at 1200 McBride Lane and is at the end of its effective life cycle. The McBride Lift Station and Force Main were constructed in 1960 with a capacity of approximately 4.46 million gallons per day (MGD). They serve the area north of Leopard Street to Up River Road and from Corn Products Road east to Omaha Drive. The existing lift station lacks sufficient capacity to meet land development in the service area. This contract provides for engineering services to prepare construction documents to demolish and replace the McBride lift station and includes approximately 700 feet of 18 -inch force main bored under IH -37 and tie -into the existing force main. The new McBride lift station will include the following major elements of work: 1. New Motor Control Center (MCC) for electrical power and controls; 2. Odor control system; 3. Submersible pumps with piping, valves, etc. 4. Standby generator; 5. Reinforced concrete wet well; 6. Homeland security gate and access system with new 8 -inch fence; 7. SCADA facilities; and 8. Landscaping and irrigation. The design of this project is scheduled to be complete in August of 2016 and construction is anticipated to be complete in Fall 2017. Coym, Rehmet & Gutierrez Engineering, L.P. (CRG) was selected for this project through RFQ 2014-08 Bond 2014 and CIP Projects, dated February, 2015. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: This contract provides for the engineering design to demolish and replace the McBride Lift Station; and construct a new 18 -inch force main with bored crossing under IH -37 and tie into the existing force main. CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue ®Capital ❑ Not applicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget $1,051,069.09 $1,900,000.00 $2,951,069.09 Encumbered / Expended Amount This Item 391,870.00 391,870.00 Future Anticipated Expenditures This Project 1,051,069.09 1,496,999.91 2,548,069.00 BALANCE $0.00 $11,130.09 $11,130.09 Fund(s): Wastewater CIP #8 Comments: This project requires approximately 780 calendar days for design and construction. The amendment will result in the expenditure of an amount not to exceed $391,870. RECOMMENDATION: City Staff recommends approval of engineering contract with Coym, Rehmet & Gutierrez of Corpus Christi, Texas in the amount of $391,870 for the McBride Lift Station and Force Main Improvements for design, bid and construction phase services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET MCBRIDE LIFT STATION AND FORCE MAIN IMRPOVEMENTS FUNDS AVAILABLE: Wastewater CIP $ 4,300,000 FUNDS REQUIRED: Construction: Construction Estimate (Contractor TBD) (Estimate) 3,300,000 Contingencies (10%) 330,000 Construction Inspection (Estimate) (2.75%) 118,250 Engineer Fees: Engineer (Coym, Rehmet & Gutierrez) 391,870 Geotechnical services and Construction Material Testing (Estimate) 50,000 Reimbursements: Administration/Finance (Capital Programs/Capital Budget/Finance) (1%) 43,000 Engineering Services (Project Mgt/Constr Mgt/Traffic Mgt Services) (1.25%) 53,750 Misc 2,000 TOTAL $ 4,288,870 PROJECT BUDGET BALANCE $ 11,130 DEMOLISH AND REPLACE MC BRIDE LIFT STATION McBride Lift Station and Force Main Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 1 OF 2 )EMOLISH AND REPLACE MC BRIDE LIFT STATION INTERSTATEAI0H •rcur vaeu Jug aumm. CASED FORCE MAIN EXISTING 18" FORCE MAIN w Z a w co 5v . �`� LOCATION MAP PROPOSED IMPROVEMENTP F EXISTING 18" FORCE MAIN (PREVIOUS PPO IFCT1 Mk NOT TO SCALE 4666414,t; b ' 4 PROJECT: E14054 McBride Lift Station and Force Main Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF CAPITAL PROGRAMS PAGE: 2 OF 2 Corpus Chr SCi Engineering McBride Lift Station and Force Main Improvements Council Presentation November 10, 2015 Location Map Corpus Chr sii Engineering DEMOLISH AND REPLACE MC BPJDE LIFT STATION 2 Project Layout Corpus Chr'sti Engineering DEMOLISH AND REPLACE MC BRIDE LIFT STATION 3 Project Scope Corpus Chr sti Engineering 1.Demolish and replace the McBride lift station; 2.Construct 700 feet of 18 -inch force main by boring under IH -37, and tie into existing force main. The new McBride lift station major elements include: ✓New Motor Control Center (MCC) for electrical power and controls; ✓Odor control system; ✓Submersible pumps with piping, valves, etc. ✓Standby generator; ✓Reinforced concrete wet well; ✓Homeland security gate and access system with new 8 -inch fence; ✓SCADA facilities; and ✓Landscaping and irrigation Project Schedule Corpus Chr sti Engineering 2015 2016 2017 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct 17IP Design Bid & Award Nov ri Construction "IN Project Estimate: 780 Calendar Days = 26 Months Projected Schedule reflects City Council award in November 2015 with anticipated construction completion by November 2017. CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Executive Director of Public Works) and Covm, Rehmet & Gutierrez Enoineerina, L.P., a Texas corporation, 5656 South Staples Street, Suite 230, Corpus Christi, Nueces County, Texas, 78411, (Architect/Engineer—AIE), hereby agree as follows: 1. SCOPE OF PROJECT McBride Lift Station and Force Main Improvements (Project No. E14054) — This contract provides for specific engineering services for the construction of a new McBride lift station, force main boring and route under IH -37, and demolition of existing lift station. 2. SCOPE OF SERVICES The AIE hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, AIE will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1" to complete the Project. Work will not begin on Additional Services until requested by the NE (provide breakdown of costs, schedules), and written authorization is provided by the Executive Director of Public Works. AIE services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The NE agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Executive Director of Public Works. Work will not begin on any phase or any Additional Services until requested in writing by the AIE and written authorization is provided by the Executive Director of Public Works. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Executive Director of Public Works. The Executive Director of Public Works may direct the AIE to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an Contract for Engineering (NE) Services Page 1 of 3 increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized, a total fee not to exceed $391,870.00. (Three Hundred Ninety -One Thousand Eight Hundred Seventy Dollars and Zero Cents). Monthly invoices will be submitted in accordance with Exhibit "C". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. if the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. Contract for Engineering (NE) Services Page 2 of 3 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Executive Director of Public Works. However, the NE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. CITY OF CORPUS CHRISTI COYM, REHMET & GUTIERREZ ENGINEERING, L.P. i o•,, q/3o 5 J.H. Edmonds,P.E. Date J. von Rehmet, P.E., R.P.L.S. Da{s e Director, Engineering Services Principal 5656 S. Staples, Suite 230 Corpus Christi, TX 78411 RECOMMENDED (361) 991-8550 Office (361) 993-7589 Fax Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date for City Attorney APPROVED Office of Management Date and Budget ATTEST Rebecca Huerta, City Secretary Project No: E14054 Accounting Unit: 4252-065 Account: 550950 Activity: E14054014252EXP Account Category: 50950 Fund Name: Wastewater 2013 RVBD Contract for Engineering (A/E) Services Page 3 of 3 Coym,Rehmet &Gutierrez Engineering, L.P. ENGINEERS. PLANNERS • SURVEYORS TBPE Firm Reg. No. F-388 TBPLS Finn Reg. No. 10104001 October 12, 2015 Mr. Jeff Edmonds, P.E. Director of Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear Mr. Edmonds, 5888 S. STAPLES, SURE 230 CORPUS cNR II,1X78411 361,9918350 934568 1720 N.1R%AS BLVD., SINE 4 AUOE,1X 78332 38 48408?t Via Email RE: Proposed Scope & Fees For Engineering Services McBride Lift Station & Force Main Project City of Corpus Christi Project No. E14054 CRG Project No. 20908c This correspondence outlines our Proposed Scope of Work and Fees for performing engineering services related to the McBride Lift Station and Force Main Project. The total fees for Basic and Additional Services as described below are $391,870.00. A summary of major tasks associated with these fees along with a detailed manhour/fee analysis are attached to this letter as Exhibit A and Exhibit B, respectively. Additionally, a table of fees and a proposed schedule are located at the end of this letter. CRG proposes to perform the following services: PRELIMINARY PHASE: 1. Review Design Memorandum by Dennis Seeman, P.E. (circa 2004) of Arcadis G&M, Inc. for the McBride Lift Station and Force Main. The report has been furnished by the City. 2. Review as -built plans for McBride Lift Station Force Main Replacement by Arcadis G&M, Inc. The as-builts have been furnished by the City. 3. Review pertinent Maximo Asset Management records applicable to the McBride Lift Station and Force Main. Records to be furnished by the City. 4. Meet with Bob Carle, Wastewater Department Lift Stations Superintendent, regarding operations of the McBride Lift Station and existing force main. 5. Review other existing record drawings and other pertinent data as may be available and which may affect the design of the lift station, incoming gravity sewers and force mains. 6. Perform preliminary topographic and boundary survey work to ascertain limits and features of the existing lift station site and the surrounding tracts of land. Location of existing gravity sewers and force mains will be ascertained by above -ground observations and as -built drawings. 7. Review the McBride Lift Station Expansion Survey provided by the City's Land Acquisition Survey Department. 8. Review City Maintenance records regarding the condition of the McBride Lift Station and Force Main. EXHIBIT "A" Page 1 of 6 Mr. Jeff Edmonds, P.E. Proposed Scope & Fees Engineering Services October 12, 2015 9. Review existing Geotechnical Report by Rock Engineering and Testing Laboratory dated June 26, 2009. Determine if existing soil sampling performed in this report is adequate or if additional sampling is required. 10. Perform calculations of lift stations sizing utilizing peak flow projections as reviewed and approved by Engineering Department and Wastewater Department staff, and prepare preliminary layouts to ascertain dimensions of the new facility. Perform hydraulic model calculations for performance of the McBride Lift Station under near-term and future conditions using Bentley SewerGems modeling software. 11. Meet with Engineering Department and Wastewater Department staff to review proposed layouts and select final lift station and force main layout. 12. Meet with area TxDOT officials and engineers to discuss requirements and permitting for force main boring installation under IH -37 TxDOT R.O.W. (See Additional Services Item 5 "TxDOT Utility Installation Review (UIR) and Permitting"). 13. Meet with owner of existing gas line present within site boundaries to discuss construction activities adjacent to gas line. Owner currently identified as Southcross Energy. 14. Prepare a Design Memorandum for the improvements to include a new lift station, gravity sewer routes if applicable, force main boring and route under IH -37 and demolition of existing Lift Station. Utilize the City's "Pictometry" system as required for exhibits in the memorandum. The lift station will generally have, but not be limited to, the following features: • Electrical and controls housed in a prefabricated, climate controlled, walk-in Motor Control Center (MCC) • Lift Station Odor Control System • 8 -ft. Decorative Security Fence (solid or chain Zink) • Homeland Security Gate and Access System • Standby Generator • SCADA Facilities • Landscaping and Irrigation • Reinforced Concrete Wet Well • Submersible Pumps • Above Ground Piping and Valving • Demolition of Existing Old McBride Lift Station 15. Prepare a preliminary opinion of probable cost for the project. 16. Prepare and submit one electronic file in PDF format and one hard copy of the Design Memorandum addressing items 1-15 above to the City for review. Upon review by the City, address any concerns and resubmit final version of memorandum. Obtain approval to proceed with Design Phase. City Staff will provide one set only of the following during the Preliminary Phase (as applicable): a. Record drawings, record information of existing facilities and utilities (as available from City Engineering files). b. A copy of pertinent existing studies and plans (as available from City Engineering files). c. Maximo Asset Management records pertinent to the McBride Lift Station. d. Run-time and flow meter records for the existing McBride Lift Station. e. Pertinent operational records regarding the McBride Lift Station. EXHIBIT "A" Page 2 of 6 Mr.leff Edmonds, P.E. Proposed Scope & Fees Engineering Services October 12, 2015 DESIGN PHASE: 18. Prepare Contract Documents and Specifications to include the following Divisions, Parts and Subsequent Sections: • Division 00: Procurement and Contracting Requirements • Division 01: General Requirements • Part S: Standard Specifications • Part T: Technical Specifications 19. Provide Quality Assurance/Quality Control (QA/QC) for pre final review and prepare submittal for the City's Review depicting final complete development of the construction drawings and specifications. 20.Address comments received from the City for the pre -final submittal. 21. Provide Quality Assurance/Quality Control (QA/QC) for final review and submit one (1) hard copy and one (1) electronic copy of the final contract drawings and specifications to the City for bidding process. 22. Update the Opinion of Probable Cost. BID PHASE ALLOWANCE: 23. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacted by the project. 24.Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. 25.Attend bld opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. 26. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re -advertise that particular portion of the Project for bids. The City staff will perform the following tasks during Bidding Phase (as applicable): a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. CONSTRUCTION PHASE ALLOWANCE: 27. Participate in pre -construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted by the project. 28. Review for conformance to contract documents, shop and working drawings, materials and other submittals. EXHIBIT "A" Page 3 of 6 Mr. Jeff Edmonds, P.E. Proposed Scope & Fees Engineering Services October 12, 201S 29. Review field and laboratory tests. 30.Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. 31. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. 32. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. 33. Make pre -final and final inspections with City staff and provide the City with a Certificate of Completion for the project. 34. Review construction "red -line" drawings, prepare record drawings of the Project as constructed (from the "red -line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will perform the following tasks during the Construction Phase: a. Designate an Individual to have responsibility, authority, and control for coordinating activities for the construction phase. b. Prepare applications/estimates for payments to contractor. c. Conduct the final acceptance inspection with the Engineer. ADDITIONAL SERVICES ALLOWANCES: 1. Boundary Survey. The A/E will review existing ROW and City tract boundaries deeds to ascertain any conflicts and provide field surveys to exactly ascertain the City Property Boundaries in the proximity of the proposed project. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with all TxDOT requirements as applicable. A/E Consultant will be required to perform all necessary deed research. 2. Toaoaraohic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures and facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition !specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying In the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 3. Environmental Issues. (To be determined) EXHIBIT "A" Page 4 of 6 Mr. left Edmonds, P.E. Proposed Scope & Fees Engineering Services October 12, 2015 4. TxDOT Utility Installation Review (UIR) and Permitting. Prepare all engineering data and documentation necessary to submit a UIR on the City's behalf for the installation of the proposed force main in TxDOT R.O.W. Meet with TxDOT Engineering Staff as necessary to devise a final design acceptable to that Department. Coordinate with TxDOT as required to obtain approved permit. 5. Construction Observation Services. (To be determined) Provide a project representative (PR) to provide construction inspection. 6. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major project components, systems, and related appurtenances if needed and required. 7. Warrantv Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 8. Provide SCADA Documentation. Provide standardized SCADA documentation, which will include PFDs, P&IDs' loop sheets, logics, SCADA architecture, DCS I/O lists, instrument lists, tie-in lists, piping lists, equipment lists, and instrumentation specification sheets. HYDRO -EXCAVATION (SUEI SUBCONSULTANT: 1. Hvdro-Excavation. Upon receiving authorization from the City to proceed, conduct hydro -excavation to identify underground utilities. The hydro -excavation process will conform to subsurface utility engineering in accordance with ASCE Standard C -I, 38-02, and shall be in accordance with Section I. Basic Services. FEES Basic Services Fees 1. Preliminary Phase $69,660.00 2. Design Phase $206,685.00 Subtotal Basic Services $276,345.00 3. Bid Phase Allowance $6,995.00 4. Construction Phase Allowance $42,730.00 5. Additional Services Allowance $21,365.00 Subtotal Allowances $71,090.00 6. Hydro -Excavation (SUE) Sub -Consultant $44,435.00 Subtotal (SUE) $44,435.00 Total Authorized Fees $391,870.00 EXHIBIT "A" Page 5 of 6 Mr. Jeff Edmonds, P.E. Proposed Scope & Fees EngtneerEng Services October 12, 2015 SCHEDULE DATE ACTIVITY To Be Determined NTP 2 Months After NTP Draft ELR Submittal 3 Months After NTP City Review 4 Months After NTP Final ELR Submittal 6 Months After NTP 60% Design Submittal 7 Months After NTP City Review 9 Months After NTP 100% Design Submittal 10 Months After NTP City Review TBD Pre -Bid Conference TBD Receive Bids TBD Contract Award TBD Begin Construction TBD Complete Construction Upon review and approval of the before mentioned fees, we will proceed with submittal of a formal contract. We appreciate the opportunity to submit this scope of work and look forward to working with you on this important project. If you have any questions, please call me at (361) 991-8550 or email me at jcovmtacreei.com. Very truly yours, Coym, Rehmet & Gutierrez Engineering, LP. 1eoym, Principal EXHIBIT "A" Page 6 of 6 EXHIBIT A-1 MCBRIDE LIFT STATION & FORCE MAIN PROJECT MAJOR TASK SUMMARY (PROJECT NO. E14054) PRELIMINARY PHASE MAJOR TASKS: 1. Perform Calculations for Peak Flow Sizing of Lift Station. 2. Prepare Preliminary Opinion of Probable Construction Costs. 3. Check capacities using hydraulic modeling. 4. Prepare a Design Memorandum with recommended improvements. DESIGN PHASE MAJOR TASKS: 1. Coordinate with various local entities to ensure continuity of the project. 2. Implement approved Design Memorandum recommendations from Preliminary Phase. 3. Prepare Final Opinion of Probable Construction Costs. 4. Prepare Construction Plans for the proposed improvements. 5. Prepare Contract Documents and Specifications for the proposed improvements. BID PHASE ALLOWANCE MAJOR TASKS: 1. Participate in Pre -Bid Conference. 2. Participate in Bid Opening, evaluate bids and prepare bid tabulation. 3. Provide recommendation of bid award. CONSTRUCTION PHASE ALLOWANCE MAJOR TASKS: 1. Participate in Pre -Construction meeting. 2. Review contractor's submittals for conformance to working drawings and contract documents. 3. Review geotechnical field and laboratory construction tests. 4. Provide interpretations and clarifications of contract documents and construction plans. 5. Perform periodic site visits to observe construction progress. 6. Prepare change orders as authorized by the City (if required). 7. Conduct pre -final and final inspections with City staff and provide Certificate of Completion as required. 8. Prepare "as -built" record drawings with redlines provided by the contractor. ADDITIONAL SERVICES ALLOWANCES MAJOR TASKS: 1. Prepare Boundary Survey. 2. Prepare Topographic Survey. 3. Investigate and address Environmental Issues (To be determined). 4. Perform TxDOT Utility Installation Review (UIR) and acquire permit required for Bored and Cased Force Main construction under IH -37. 5. Provide Construction Observation Service (To be determined). 6. Provide Start -Up Services. 7. Conduct Warranty Inspection and provide City Staff with observations and recommendations. 8. Provide SCADA Documentation. HYDRO -EXCAVATION (SUE) SUBCONSULTANT: 1. Provide Hydro -Excavation services necessary to determine location of underground utilities. Exhibit A-1 Page 1 of 1 EXHIBIT B INSURANCE REQUIREMENTS & INDEMNIFICATION I. CONSULTANT'S LIABILITY INSURANCE A. Consultant must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Consultant must furnish to the Director of Capital Programs with the signed agreement two (2) copies of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim $2,000,000 Aggregate (Defense costs not included in face value of the 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 insured. WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory $500,0001$500,0001$500,000 Insurance Requirements & Indemnification - 1 Rev. 07 29, 2015 EXHIBIT "B" Page 1 of 3 C. In the event of accidents of any kind related to this contract, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. B. Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Consultant shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Consultant or as requested by the City. Consultant shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Director of Capital Programs P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Consultant agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. Insurance Requirements & Indemnification - 2 Rev. 07/29/2015 EXHIBIT "B" Page2of3 __ F. In addition to any other remedies the City may have upon Consultant'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 Consultant to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Consultant'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. INDEMNIFICATION Consultant shall fully indemnify, hold harmless, and defend the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This Indemnification does not apply to any liability resulting from the negligent acts or omissions of the City of Corpus Christi or its employees, to the extent of such negligence. Consultant must, at City's option, defend Indemnitee and with counsel satisfactory to the City Attorney. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. Insurance Requirements & Indemnification - 3 Rev. 07:2912015 EXHIBIT "B" Page 3 of 3 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No.12345 Invoice Date: Sample form for Payment Request Revised 0787/00 Total Amount Previous Total Percent Contract Invoiced Invoice Invoice Com 51,000 $0 $0 51,000 $0 $1,000 $1,000 100% 2.000 1,000 0 3,000 1,000 500 1,500, 50% 500 0 250 760 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $8,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $21000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TED TBD MD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $8,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,827 4,747 500 0 500 1196 $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% City of � us SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Coym, Rehmet & Gutierrez Engineeripg. L.P. P. O. BOX: STREET ADDRESS: 5656 S. Staples, Suite 230 CITY: Cnrruc Christi ZIP: 78411 FIRM IS: 1. Corporation e2. Partnership ® 3. Sole Owner 0 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm: Name N/A Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a `consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public ingeneral or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Victor M. Gutierrez Jr., P.E. (Type or Print) Signature of Certifying)14. Person: PI"►� Title: DEFINITIONS Principal Date: cf• q1• z s - a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. AGENDA MEMORANDUM Future Item for the City Council Meeting of 11/10/15 Action Item for the City Council Meeting of 11/17/15 DATE: TO: October 12, 2015 Ronald L. Olson, City Manager FROM: Wes Pierson, Assistant City Manager Wesp©cctexas.com 361-826-3082 Resolution to approve repair and preventative maintenance of the LED lighting system on the Harbor Bridge CAPTION: Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. PURPOSE: To repair the LED lights and complete preventative maintenance on the Harbor Bridge lighting system. BACKGROUND AND FINDINGS: In 2010, the City of Corpus Christi and the Port (jointly called the "Local Governments") entered into a Local Transportation Project Advance Funding Agreement with the Texas Department of Transportation (called the "State") for the installation, maintenance and operations of decorative lighting on the Harbor Bridge. Per the Local Transportation Project Advance Funding Agreement Attachment C: "The Local Governments, at no cost to the State, will be responsible for all maintenance and operation of the Harbor Bridge decorative lighting once installed...Maintenance and Operation shall include the maintenance and replacement of drivers, LED modules, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and incidentals to properly provide a functional Decorative Lighting System." The Advance Funding Agreement Amendment #1 Article 12 provides: "The Local Governments shall be equally responsible, fifty percent (50%), for maintenance of the decorative lighting on the Harbor Bridge, which is an on -state system location after completion of the work. The Local Governments are responsible for all costs incurred due to maintenance and operation after the completion of the project." Preventative Maintenance Includes: • Replacing attachments of the lighting system • Replacing uni-strut attachments • Addressing the effect of the constant vibration of the bridge on the lighting system In addition to the general maintenance needs of the Harbor Bridge, during the 4th of July, the Harbor Bridge was struck by an illegal firework which rendered the communications module for the lighting system inoperable. This component will be repaired as part of this maintenance assignment. Competitive bids are not required for procurement because the nature of this work requires two important qualifications: 1) In order to do work on TXDoT facilities, a contractor is required to be certified by TXDoT (in this case certification to do electrical work on the TXDoT free system); and 2) working knowledge of the Phillips Color Kinetics Lighting System currently installed on the Harbor Bridge. Pfeiffer & Son, Ltd Electrical & Telecommunication meet both qualifications. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: ACM -General Government & Operations Support Legal FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2014-2015 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget 125,600.00 125,600.00 Encumbered / Expended Amount 5,000.00 5,000.00 This item 67,380.00 67,380.00 BALANCE 56,820.00 56,820.00 Fund(s): 12461- Harbor Bridge Lighting Comments: Per the Advanced Funding Agreement, the Port of Corpus Christi will reimburse the City 50% of this cost (67,380 x 50% = 33,690). RECOMMENDATION: Staff recommends approval of this resolution. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement with Pfeiffer & Son, LTD. Advanced Funding Agreement Resolution finding that competitive bids are not required for procurement from Pfeiffer & Son, Ltd, and authorizing the City Manager, or designee, to execute an agreement with Pfeiffer & Son, Ltd. in the amount of $69,064.50 for the repair and preventative maintenance of the LED lighting system on the Harbor Bridge. WHEREAS, in 2010, the City of Corpus Christi (City) and the Port of Corpus Christi (Port) jointly entered into an Advanced Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) for the installation, maintenance and operation of decorative lighting on the Harbor Bridge; WHEREAS, the AFA stipulated that the City and Port would be equally responsible for the maintenance and operation of the Harbor Bridge decorative lighting system once installed; WHEREAS, preventative maintenance of the system and repair to the communications module is required; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Govern- ment Code, Section 252.022(a)(7)(A), as this purchase relates to items available from only one source because of patents, copyrights, secret processes or natural monopolies; WHEREAS, the patented Philips Color Kinetics (PCK) LED Lighting System used on the Harbor Bridge is technically advanced and requires training from the manufacturer in order to maintain, troubleshoot and repair the system; and WHEREAS, Pfeiffer & Son, Ltd Electrical & Telecommunication Contractors has received training from the manufacturer and has demonstrated a good working knowledge of the PCK products installed on the Harbor Bridge. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute an agreement with Pfeiffer & Son, Ltd for an amount not to exceed $69,064.50 for the preventative maintenance and repairs of the Harbor Bridge decorative lighting system. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn Page 2 of 2 SMALL CONSTRUCTION CONTRACT AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF NUECES This CONSTRUCTION AGREEMENT is between the City of Corpus Christi, a Texas home -rule municipal corporation ("CITY"), acting through its duly authorized City Manager or designee and Pfeiffer & Son, Ltd ("CONTRACTOR"), acting by and through its duly authorized representative, 44445 '5 1-• Pillory-- (Name), kkik,t,e.14,.c. (Title). The parties agree as follows: 4-F 44PFrikF y,1.4.. c WITNESSETH: 1. CONTRACTOR shall complete certain improvements described In the proposal attached as Exhibit "A", perform all work as provided in said proposal, and do such additional work as may be considered necessary to complete the work in a satisfactory and acceptable manner (the "Work"). The CITY reserves the right to make such changes in the scope of work and in the character of the work as may be necessary or desirable. Authorization for all changes must be made in writing. The CONTRACTOR shall furnish all labor, tools, material, machinery, equipment and Incidentals necessary to the prosecution of the Work. 2. The Work described in Exhibit 'A" shall be completed within 7 Calendar Days of Notice To Proceed. 3. In consideration of the completion of the above-described Work, the CITY agrees to pay to CONTRACTOR the lump sum amount of $69.064.50. Said payment shall be conditioned upon the acceptance of the work by the "CITY" as certified by its final inspection following the receipt of notice from the "CONTRACTOR" that the work is completed and ready for acceptance. Upon completion of work and before acceptance and final payment Is made, the "CONTRACTOR" shall clean and remove from the work site ail surplus and discarded materials, temporary structures, and debris of every kind in order to leave the work site In a neat, orderly condition, equal to that which originally existed. The "CONTRACTOR" shall submit a notarized affidavit that bilis for ail labor, equipment, materials and supplies associated with the project have been paid before final payment Is released. Insert Proj Name & # Page 1 of 3 4. AEI work shall be performed In a workmanlike manner and to the satisfaction of the CITY. The CITY shall determine the quality and acceptability of materials furnished, work performed, manner of performance and rate of progress of the Work. 5. The CONTRACTOR agrees to comply with all Insurance requirements as contained in Exhibit "B" (Insurance Requirements) and Notice To Contractors B (Worker's Compensation Coverage for BuiIdIng or Construction Projects for Government Entities). 6. The CONTRACTOR shall, at all times, observe and comply with City, federal, state and county laws, ordinances or regulations which in any manner affect the conduct of the Work. The CONTRACTOR shall be responsible for procuring all legally required building, plumbing, electrical and other permits and licenses, pay ail charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work, unless otherwise provided by the written terms of the plans and specifications. 7. The CONTRACTOR shall furnish the CITY a Payment Bond equal to 100% of the total contract amount, guaranteeing the full and prompt payment of all claimants supplying labor or materials in the prosecution of the Work provided for in this contract, and for the use and protection of each claimant. A Payment Bond will not be required if the agreement amount does not exceed $25,000.00. If the award amount exceeds $25,000.00, a Payment Bond wlli be required. The Payment Bond will be for 100% of the total amount awarded. The surety company must designate a local resident agent. A bond that is given to the City under this contract must be executed by a surety company that is authorized and admitted to write surety bonds in the State of Texas. 8. This Agreement or the Work provided may not be assigned or subcontracted by CONTRACTOR without the written permission of the CITY. Insert Proj Name & # Page 2 of 3 IN WITNESS WHEREOF this Agreement is executed In duplicate originals, both equal force and effect. CITY OF CORPUS CHRISTI CONTRACTOR: Ron Olson City Manager RECO Date Getihe', toinlVir Pfeiffer & Son, Ltd ' PO Box 1116 116 N. 16th Street La Porte, Texas 77572 281-471-4222 r� a 1281-417-6856 Fax Wes Pierson Assistant City anager of General Govt & Operations Support APPROVED AS TO LEGAL FORM: legal Department APPROVED: Date IO� 015 Date 113 45' Director of Management & Budget Date Project Number Accounting Unit Account Activity Account Category Fund Name Insert Proj Name & # Page 3 of 3 Date EXHIBIT A PFEiFFERQjSON, LTD. Electrical & Telecommunication Contractors October 28, 2015 RE: Harbor Bridge Light Repairs/ Preventative Maintenance 2015 Per the information given by Terry Orf, we are pleased to offer for your consideration the following quote for the LED Tight repairs/ Preventative Maintenance on Harbor Bridge. We propose to provide all labor, and equipment needed to complete this work (Not to Exceed) 09,064 50 charge for work complete. Our scope includes the following: 1) Troubleshoot and make repairs as follows. a) Repairs include drilling weep holes in existing equipment boxes. 53,500.00 b) Replacing damaged PVC coated unistrut as needed. 54,900.00 c) Replacing damaged stainless steel all thread as needed. 53,500.00 d) Troubleshoot bridge communication system. 55,500.00 2) This quote includes the following. a) One 125' man Iift for 5 days includes delivery and pick up. 58,150.00 b) One 80' man lilt for 5 days incudes delivery and pick up. 55,750.00 c) 4 TXDOT single lane closures. 510,000.00 d) One 15 ton crane with man basket for 2 days - 58580.00 3) Scope includes driving up on a Sunday, receiving the lifts Monday morning, single Zane closures on Monday - Friday, returning the lifts on Friday afternoon, and driving back to La Porte on Friday. 4) Our work schedule includes 4 workers starting work at 6 Am to 5 Pm. Portal to Portal from Sunday to Friday afternoon approximately 240 man hours plus Per Diem and lodging. $17,500.00 To avoid confusion, we offer the following clarifications: 1. Payment bond is included et 2.5' (51.684501 2. Traffic control is included. 3. Two aerial man lift is included. 4. All lights are provided by Customer we will provide unistsut and mounting hardware only. 5. The previous quote is based upon information provided by the customer. If the actual conditions or requirements deviate from the provided information this quote may have to be reevaluated and re -priced. 6. Insurance coverage is at our standard levels. —This Quote is only valid for 30 days.— If accepted fax or mail. Accepted by: Date: Please print name: P.O. #: If you have any questions or need additional information, please fee! free to contact me at (281)471-4222. Slncerely, Gintif r0/02/'. Andy Yoder Estimator PHONE: (281) 471-4222 * FAX: (281) 471-6856 P.O. BOX 1116 * 116 N. 16711 STREET LA PORTE, TEXAS 77572 Regulated by the Texas Department of Licensing and Regulation PO Box 12157, Austin, TX 78711; (800)803-9202; (512)963-6599 www.licensestate.tx.us Adopted Administrative Rules: 73,51(c) Electrical Contractors Responsibilities EXHIBIT B (Revised November -2013) INSURANCE REQUIREMENTS I, CONTRACTOR'S LIABILITY INSURANCE A. The Contractor shall not commence work under this Agreement until he/she has obtained ail Insurance required herein and such insurance has been approved by the City. Nor shah the Contractor allow any subcontractor to commence work until ail similar insurance required of the subcontractor has been so obtained. B. The Contractor shall furnish a certificate, with the City named as an additional insured, showing the following minimum coverage from an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates Bodily Injury and Property Damage PER OCCURRENCE/ AGGREGATE Commercial General Liability, including: 1. Commercial Form 2. Premises - Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Liability 7. Broad Form Property Damage 8. Independent Contractors 9. PersonalIniury $1,000,000 PER OCCURRENCE $2,000,000 AGGREGATE BUSINESS AUTOMOBILE LIABILITY - OWNED NON -OWNED OR RENTED/LEASED $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY STATUTORY $500,000/500,000/500,000 EXCESS LIABILITY/UMBRELLA LIABILTTY $1,000,000 PER OCCURRENCE PROFESSIONAL POLLUTION LIABILITY/ ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include long-term environmental impact for the disposal of contaminants $2,000,000 PER CLAIM ©REQUIRED X NOT REQUIRED BUILDERS' RISK (ALL PERILS INCLUDING COLLAPSE) EQUAL TO CONTRACT PRICE 0 REQUIRED X NOT REQUIRED INSTALLATION FLOATER EQUAL TO CONTRACT PRICE 0 REQUIRED X NOT REQUIRED Exhibit B - Insurance Requirements Page 1 of 3 C. In the event of accidents of any kind, the CONTRACTOR shall furnish the CITY with copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties. II. INDEMNIFICATION AND HOLD HARMLESS A. CONTRACTOR shall indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused solely by the negligence or other fault of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The CONTRACTOR shall obtain workers' compensation Insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the City requests that the Contractor sign the contract documents, the Contractor shall provide the City with a copy of its certificate of authority to self -insure its workers' compensation coverage, as well as a letter, signed by the Contractor, stating that the certificate of authority to self- insure elfinsure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, If at any time before final acceptance of the Work by the City, such certificate of authority to self -Insure is revoked or Is made the subject of any proceeding which could result in revocation of the certificate, then the Contractor shall Immediately provide written notice of such facts to the City, by certified mail, return receipt requested, directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469, Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations Incurred by the Contractor will be promptly met. C. Builder'p Risk Coveraae: CONTRACTOR will be responsible for providing builder's risk insurance coverage for the term of the contract up to and including Exhibit B -- Insurance Requirements Page 2 of 3 the date the CITY finally accepts the project or work. Builder's risk coverage shall be an "AII Risk" form. The policy shall be a completed value form. The CONTRACTOR shall provide such builder's risk coverage at feast in the amount of $ N/A , ( N/A Dollars ), which is estimated to be the value at completion of the real or personal property to be constructed, repaired or otherwise improved under the contract. CONTRACTOR shall be responsible for paying ail costs necessary to procure such builder's rlsk Insurance coverage, including any deductible. The CITY shall be named an additional insured on any policy providing such insurance coverage. III. ON THE CERTIFICATE OF INSURANCE: • The CITY OF CORPUS CHRISTI Is to be named as an additional insured on the certificate and by endorsement on the liability coverage, except for workers' compensation coverage. • For each insurance coverage, the Contractor shall obtain an endorsement to the applicable Insurance policy, signed by the insurer, providing the city with thirty (30) days prior written notice of cancellation of or material change on any coverage. • The NAME OF THE PROJECT should also be listed under "description of operations". Exhibit B - Insurance Requirements Page 3 of 3 MEMORANDUM 01/1012011 TO: Kaml Hale Corpus Christi Dist FROM: Joey Matesic Contract Service SUBJECT: AFA forinstallafon, maintenance and operations of decorative lighting on the Harbor Bridge, US 181 CSJ: 0101-08-105 C8 Log: 2011.426 Attached are: Two fully executed original counterparts for the referenced project. ff you have any questions, please contact me at 512.374.5129. Thank You STATE OF TEXAS I) ORIGINAL COUNTY OF TRA VIS MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS THIS MASTER AGREEMENT (MAFA) h made by and between, the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the Ci tv of Corpus Christi acting by and through its duly authorized officials, hereinafter called the "Local Government." Tf'1TNESS'ETH WHEREAS, the Intemiodal Surface Transportation and Efficiency Act of 1991 ( THA) and the Transportation Equity Act for the 21° Century (TEA -21) codified under Tido 23 U.S.C. Section 10I et seq., authorize transportation programs to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTBA and TEA 21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, Tide 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the States' Tranaportatio4 Agencies to develop transportation plans and programs for urbanized arena of the State; and WHEREAS, the Teals Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highway! in cooperation with local governments; and WHEREAS, federal and state lawn require local goveamments to meet certain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the governing terms of this Master Agreement will provide for efficient and effective contract administration of the types of Local Project Advance Funding Agreements (LPAFA) listed in Attachment A; and, WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or stoned electronically in accordance with standards and procedures adopted as administrative rules of the Texas State Library and Archives Commission; and 1 WHEREAS, the Governing Body of the Lop Government has approved entering into this Master Agreement by resolution or ordinance dated . attached hereto and made a part of this Master Agreement as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, itis agreed as follows: AGREEMENT 1. Period of the Ants This Master Agreement and the Local Project Advance Funding Agreements (LPAFAs) subject to this Master Agreement become effective when signed by the last party whose signing makes the respective agreements fully executed. This Master Agreement shall remain in effect until terminated as provided in Article 2. 2. Terminations of this Master Agreement This agreement may be terminated by any of the following conditions: a. by mutual written consent and agreement of all patties. b. by any parry with 90 days written notice. If this Master Agreement is terminated under this clause, all existing, fully executed LPAFAs made under this Master Agreement ahail autamaticaily incorporate ell the proviaions of this Master Agttiement. c. by either party, upon the failure of the other party to fttifilI the obligat€ona as set forth in this Master Agreement. 3. Termination of the Local Project Advance Funding Agreement (LPAFA) An LPAFA shall remain in effect until the project is completed and accepted by all parties, unless: a. the agreement is terminated in writing with the mutual consent of the parties, or; b. because of a broach of this Master Agreement or a breach of the Local Project Advance Funding Agreement Any cost incamed doe to a breach of contract ahall be paid by the breaching party. c. After the PS&E the local government may elect not to provide the funding and the project docs not proceed because of h:sufficiernt funds; the local government agrees to reimburse the State for hs reasonable actual costs incurred dining the project d. Conditions for termination as specified in the LPAFA are fulfilled. 4. Amendments a. Amendment of this Muter Agreement by Notice with Mutual Consent: The State may notify the Local Government of changes in this Master Agreement resulting from 2 1 changes in federal or state laws or rules or regulations and these changes in the Master Agreement shall be incorporated into this agreement unless the State is notified by the Local Government within 60 days. From time to time, the State may issue numbered restatements of this MAFA to wholly reflect its amendments. b. This Master Agreement may be amended due to changes in the agreement or the responsibilities of the parties. Such amendment must be made through a mtmaaliy agreed upon, written amendment that is executed by the parties. c. The notice of amendment and the amendment to this Master Agreement may be in an electronic form to the extent permitted by law and after a prior written consent of the parties to this agreement is made. d. Amendments to the LPAFAS due to changes in the character of the work or teens of the agreement. or responsibilities of the parties relating to a specific project governed under this Master Agreement maybe enacted through a mutually agreed upon, written amendment to the LPAFA. 5. Remedies Thls agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. 6. Utilities If the required right of way c=oaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments, unless specified otherwise in a specific LPAFA under otherprovisions of this MAFA. The Local Govemmuu shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, mles, policies and procedures. This includes, but is not limited to: 43 TAC 1115.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State Participation in Relocation, AdJustmeat. andlorRemoval of Utilities; and, 43 TACT# 2131 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation druing the construction of the project, unless this work is provided by the owners of the udllity facilities: a. per agreement; b. per all applicable statutes or rules, or c. as specified otherwise in a LPAFA. Prior to letting a construction contract for a local project, a utility certification must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. 3 7. Environmental Assessment and Mitigation • Development of a local transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which requite environmental clearance of federal -aid projects. a. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this agreement, unless provided for otherwise in the specific project agreement. b. The Local Government is responsible for the cost of any environmental problem's mitigation and remerliation, unless provided far otherwise in the specific project agreement. c. The Local Government is responsible for providing any public meetings or public hearings required for development of the envimntrental assessment, unless provided for otherwise in the specific project agreement. d. The Local Government shall provide the State with written certification from appropriate regulatory agency(iea) that identified environmental problems have been unmediated, unless provided for otherwise in the specific project agreement. 8. Compliance with Texas Accessibility Standards and ADA All parties to this agreement shall ensure that the plans for and the construction of all projects subject to this Master Agreement ars in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under tho Architectural Barden Act, Article 9102, Tema Civil Statutes. The TAS establishes minimum accessibility requirements to be corssistent with minimum accessibility requireme: an of the Americans with Disabilities Act (PL 101-336) (ADA). 9. Architectural and Engineering Services Any party to this contract may have responsibility for effecting the performance of architectural and engi:needng services. Or, the panties may agree to be individually responsible for portions retie work. The LPAPA shall define the party responsible for performance of this work. The engineering plans shall be developed In accordance with the applicable State's Standard SpeetlicatIpnr far Construction and Maintenance of Hlglnvays, Streets and Bridges, and the special specifications and special provisions related thereto, unless specifically stated otherwise in the LPAPA and approved by the State. In procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CPR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. 4 Professional services =tracts for federally funded projects must conform to federal requirements, specifically incurring the provision for participation by disadvantaged business enterprises (DBEs), ADA, and environmental matters. 10. Construction Responsibilities a. Unless specifically provided for otherwise in the LPAFA, the State shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract includea the responsibility for construction engineering and for issuance of any change ordeal, supplemental agreements, amendments, or additional work orders, which may become meceasary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for conatrucdon. b. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction contract is awarded by the Stntn or by the Local Government. c. All contract change order inview and approval procedures must be approved by the State prior to start of conatruction. d. Upon completion of the Project, the party constructing the project will issue and sign a "Notification of Completion" aciutowiedging the Project's construction completion. e. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CPR Part 633, and shall include the latest version of Pomn "FHWA--1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectivenesa shall be made in compliance with 23 CPR 635, Part B. 11. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads after completion of the work and the State shall be responsible for msintenanae of state highway system after completion of the workif the work was on the state highway syatzrn, unless otherwise provided for in the LPAPA or other prior existing maintenance agreement with the Local Government. 12. Local Project Sources and Uses of Funds a. The total estimated cost of the Project will be clearly stated in the local project agreement. The expected cash contributions from the federal, state. Local Governments or other patties will be clearly stated. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. b. A project cost estimate showing the estimated contributions in kind or in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the project will be provided by major cost categories. These categories include but are not limited to: (1) costs of real 5 property; (2) costs of utility word (3))costa of environmental assesamed and remediation; (4) cost of preliminary engineering and design; (5) cost of constmctioa and construction management; and (6) any other local project costa. c. The State will be responsible for aectning the Federal and State share of the funding required for the development and construction of the local project. Federal share of the project will be reimbursed to the local govermnent on a cost basis. d. The Local aovem lent will be responsible for all non-federal or non -State participation costa associated with the Project, including any overnms in excess of the approved local project budget, unless otherwise provided for in the LPAPA. e. Following execution of the LPAFA, but prior to the performance of any review work by the State the Local Government will remit a check or wauzant made payable to the "Texas Department of Transportation " in the amount specified in the LPAFA. The Local Government will pay at a minimum its funding share for the estimstted cost of preliminary engineering for the project, unless otherwise provided for in the LPAFA. f. Sixty (60) days prior to the date set for receipt of the construction bide, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs, unless otherwise provided for in the LPAFA g. In the event the State determines that additional funding is required by the Local Government at any time doing the Project, the State will notify the Local Government in writing. The Local Government will makes payment to the Stade within thirty (30) days from receipt of the State's written notification, mrleaa otherwise provided for in the LPAFA. h. Upon completion of the Project, the State will perform an audit of the local project costs. Any funds due to the Local Government, the State, or the Federal government will be gramcptly paid by the owing party, 1. The State will not pay interest au any funds provided by the Local Government. j. if a waiver has been granted, the State will not charge the Local Government for the indirect costs the State incurs on the local project, unless this agreement is terminated at the request of the Local Government prior to completion of the project k. If the local project has been approved for a "fixed pries" or an "incremental payment" non -standard funding or payment arrangement under43 TAC §35.52, the LPAPA will clearly state the amount of the fixed price or the metal payment schedules 1. The Texas Comptroller of Public Aacounta has determined that certain comities qualify as Economically Disadvantaged Counties in compatisan to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. The LPAPA will reflect adjustments to the standard financing arrangement based on this designation. m. The State will not execute the contract for the construction of a local project until the required funding has been made available by the Local Govermnent in accordance with the LPAFA. 6 13. Right of Way and Real Property • The Local Government is responsible for the provision and acquisition of any needed right of way or real property, unless the State agrees to participate in the provision of right of way under the procedures described herein es pans A and B of this provision. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. If the Local Government is the owner of any part of a project site under en LPAFA, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work under the LPAPA. All parties to this agreement will comply with and assume the costa for compliance with all the reguhameets of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of I970, Title 42 ILS.CA. Section 460I et seq., including those provisions relating to incidental expenses lectured by the property owners in conveying the real property to the Local Government, and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its rcpresenisllvea for review and inspection. If the local goverment purchases right of way fora local government street, title will be acquired in the name of the local government in accordance with applicable laws unless specifically stated otherwise in the LPAPA and approved by the State. lithe State participates in the purchase of right of way for the state, it will be under the processes established in the following paragraphs A or 8, and the selected option shall be specified in the LPAPA. A. Purchase By the State for the State The State will assume responsibility for acquisition of all necessary right of way for the highwayproject. The Local Gove rnrneat will voluntarily contribute to the State funds equal to ten (10) percent of the cost of the right of way for the proper development and construction of the state highway syetem and shall transmit to the State a warrant or check payable to the Texas Department of Transportation when notified by the State of the estimated cost of the right of way. If the amount is found insufficient to pay the Local Gover>mmcnt's obligation, then the Local Government, upon request of the State, will supplement this amount in such amount as requested by the State. Upon completion of the highway project and in the event the total amount paid by the Local Government is more than ten (10) percent of the actual cost of the right of way, any excess amount will be returned to the Local Government. Cost of the right of way by the State shall mean the total value of compensation paid to owner, including but not limited to utility owners, for their property interests either through negotiations or eminent domain prongs. 7 B. Purchase by the Local Govri ant for The State Purchase: Right of way purchases shall be a joint effort of the State and the Local Government. Acquisition of right of way shall be in accordance with the tams of this agreement and in accondance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The State agrees to reimburse the Local Ooveriunent for its share of the cost of such right of way providing acgtdthtion when it has been asrtharized to proceed by the State. Location Surveys and Preparation of Right of Way Data: The State, without coat to the Local Government, will do the necessary preliminary engineering and title investigation in order to supply to the Local Government the data and instruments necessary to obtain acceptable title to the desired right of way. Daterudnatlon of Right of Way Values: The Local Government agrees to Make a determination of property values for each right of way parcel by methods acceptable to the Local Government and to submit to the State% District Office a tabulation of the values so determined, signed by the appropriate Local Government representative. Such tabulations shall list the parcel numbers, ownership. acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any), and the amounts by which the total compensation will be reduced Lf the owner retains improvements. Thio tabulation shall be accomparded by an explanation to support the determined values, together with a copy of information or neporta used in arriving at all determined values. Such work will be performed by the Local Government at its expense without coat participation by the State. The State will review the data , submitted and may base its int on the values which are determined by this review. The State, however, reserves the right to perform at its own expense any additional iaviceatigation deemed neceasary, Including supplemental appraisal work by State employees or by employment of fee appraiser;, all as may be necessary for determination of values to constitute the baths for State reimbursement If at any stage of the project development it is determined by mint between the State and Local Government that the requirement for the Local Goverment to submit to the State property value determinations for any part of the required right of way should be waived, the Local Government will male appropriate written notice to the State of such waiver, such notice to be acknowledged in writing by the State. In instances of such waiver, the State by lta due processes and at its own expense will make a determination of values to constitute the basis for State rcimbu cement. Negotiations: The State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owoer will be the responsibility of the Local Government without participation by the State; however, the Local Government will notify the State immediately prior to closing the transaction so that a current dile investigation may be made to determine if there has been any change in the tide, The Local Government will deliver properly executed 8 instruments of conveyance which together with any curative instruments found to be necessary as a result of the Statsie title investigation will be properly vest title in the State for each right of way parcel involved The costs incidental to negotiation and the costs of recording the right of way instruments will be the responsibility of the Local Government. The cost of title investigation will be the responsibility of the State. Condemnation: Condenmation proceedings will be initiated at a time selected by die Local Government and will be the Local Govcrnmenth tesponsrbility at its own expense except as hereiatafter indicated. The Local Government will obtain from the State without cost current title information and engineering data at the time condemnation am to be indicated. Except as hereinafter set forth the Local Government will concurrently file condenarration proceedings and a notice of lis pendens for each case in the name of the State, and in each case so filed the judgment of the court will decree title to the property condemned to the State. The Local Government may, as set forth herein under "Excess Takings" and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the Local Government's name for the State rnust comply with requirements set forth in the engineering data and title investigation pacviously furnished to tho Local Govcnrnuent by the State at such time as the Local Government conveys said property to the State. Court Costs, Costa of Special Commissioners' Hearings and Appraisal Expense: Court costs and costa of Special Commissioners' hearings assessed against the State or Local Government in condemnation proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local Government. Such costa and fee.a, with the exception of tecotding fees, will be eligible for ninety (90) percent State rebnburaemeta under the established reimbursement procedure provided such coats and fees are eligible for payment by the Stam ander existing maw. Where the Local Government uses the Stateb appraisers employed on a fee basis in Special Commissionem;'hearings or subsequent appeals, the coat of the appraiser for updating the report, for preparing new reports, ptcparing for cont testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local Government, but will be eligible for ninety (90) percent State zeimbursement under established pmcedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the appraiserh contract for appraisal services with the State. Excess Takings: In the event the Local Government dashes to acquire land in excess of that requested by the State for right of way purposes, the Statch cost participation will be limited to the property needed for its purposes. If the Local Government elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding, the property involved will be acquired in the name of the Local Government and that portion requested by the State for right of way will be separately conveyed to the State by the Local Government. When acquired by negotiation, the Starch praticipation will be based on the State% approved value of that part of the property requested for right of way purposes, 9 provided that Such approved value does not exceed actual payment made by the Local Government. When acquired bycondemnation, the Stateh participation will: be in the proportionate part of the final judgment amount computed on the basis dem relationship of the State% approved value to the State's predetermined value fir the whole property. Improvements Property ova= will be afforded an opportunity in the negotiations to retain any or all of their improvements in the right of way taking. In andclpadon of the owner desiring to main improvements, the State% approved value will include the amounts by which the upper limit of State participation will be reduced for the retention. his further agreed that the upper limit for the Stateh participation in the Local Govoznment a cost far an reopened parcel will be reduced as shown in the Seam's approved value where the owner Maine an improvement which is to be moved by either the Local Goverment or the owner. In the event improvements. which aro, in whole or part, a part of the right of way taking are not retained by the owns, tido is to be seamed in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar streams which Ilea outside the right of way cannot be reconstructed adequately or there is nothing but salvage laid provided that the States value is established on this basis and provided that tide to the entice structure is oak n in the name of the State. The State shall dispose of all improvements Requited. The net revenue derived by the State from the disposition of ally improvements sold through the General Services Commission will be created to the cost of the right of way procured and shared with the Local Government. Relocation of HMIs on Acquired Stats Right of Way: If the required right of way encroaches upon an existing utility located on its own right of way and the proposed highway construction zequirea the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work State participation in the cost of making the necessary change, less any resulting increase in the value to the utility and leas any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. Reimbursement under "actual cost" will be made subsequent to the Local Government cerdticadon that the work has been completed and will be made in an amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner. The "hump sum" procedure requires that the State establishes the eligibility of the utility work and enters into a three -party agreement, with the owners of the utility facilides and the Local Government, which sets forth the exact lump sura amount of reimbursement, based on a prior appraisal. The Wilily will be ieimburaed by the Local Government after proper certification by the utility that the work has been done, said reimbursement to be the basis of the prior lump sum agreement. The Stats will reimburse the Local Government in an amount equal to ninety (90) percent of the fur commitment as paid to the utility owner. The foregoing is subject to ole provision that the individual lump arm approved value shall not exceed S20,000, except as specifically approved by the State. In those cases 10 where a single operation is estimated to exceed $20,000 the transaction will be brought to the attention of' the State for determination of proper handling based upon the citcumstancea involved. Such utility firm commitment wiII be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by sufferance or permit will not be eligible for State reimbursement The term 'utility' under this agreement shall include publicly, privately and cooperatively owned utilities. Fencing Requirement= The Local Government may either pay the pmperty owner for existing right of way fences based on the value such fences contribute to the part taken and damages for an unfenced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be included in the recommended value and the approved value, or the Local Government may do the fencing on the property owners remaining property. Where the Local Government performs right of way fencing as a part of the total right of way consideration, neither the value of existing right of way fences nor damages for an unfenced condition will be included in the recommended value or the approved value. State participation in the Local Gove mmenth cost of constructing right of way fencing on the property owner'h remainder may be based on either the =anal cost of the fencing or on a predetermined Iumrp sum amount. The State will be given credit for any salvaged fencing material and will not participate in any overhead costa of the Local Government. If State participation is to be requested on the lump sum basis, the State and the Local Government wall reach an agreement prior to the actual accomplishment of the work as to the necessity, eligibility and a firm commitment as to the cost of the care fencing wodc to be performed. The foregoing is subject to the provision that the limp sum approved cost shall not exceed $20,000, except as specifically approved by the Stats. In the event the cost of the fencing is estimated to exceed $20,000, the transaction will be brought to the attention of the State for deternunation of proper handling based upon the circumstances involved ReIntbmsement: The State will reimburse the Local Government for right of way acquired after the date of this agreement in amount not to exceed ninety (90) percent of the coat of the right of way acquired in accordance with the teams and provisions of this agreement. The State's reimbursement will be In the amount of ninety (90) percent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the lesser amount. If condemnation is necessary and title is taken as set forth herein under the section entitled "Condemnation," the participation by the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notice being given as to all action taken therein. The State shall have the right to become a party to the suit at any time for all 11 purposes, including the right of appeal at any stage of the proceedings. All other items of cost shalt be borne by the State and the Local Government as provided in other sections of this agreement. If a lump num fencing or utility adjustment agreement has been executed, the State will reimburse the Local Government in the amount of ninety (90) percent of the predetermined lump sum cost of the right of way fencing or utility adjustment. If the Local Government prefers not to execute a lump sum agreement for either fencing or utility adjustments, the State will reimburse on the actual cost of such fencing or adjustments. The Local Governments request for reimbursement will be supported by a flown of the labor, materials and equipment used. General: It is understood that the terms of this agreement shall apply to new right of way authorized and requested by the State which is needed and not yet dedicated, in use or previously acquired in the name of the State or Local Government for highway, street or mad purposes. 'This agreement shall also apply, with regard to any ex ating right of way, to outstanding property interests not previously acquired and to eligible otility adjustments not previonaly trade, as authorized and requested by the Sure. Itis further understood that if unusual circumstances develop in the right of way acquisition which are not dearly covered by the terms of this agreement, each rmuanal circumstances or problems will be resolved by mutual agreement between the State and the Local Government. 14. Notices All notions to either party by the other requhed under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: State: Billy D. Pada. RE Texas Department of Transportation P.O. Box 9907 Corvus Christi. Texas 78469-9907 Local Government: Mgel Escobar. P.E. Cityyf Corpus Christi )',O. Box 9277 Corpus Christi, Texas 78469-8777 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Father party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices 12 shall be delivered personalty or by certified U.S. Mai and such request shall be honored and carried out by the other parry. 15. Legal Construction In case one or mom of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity. illegality or unenforceability shall not affect any other provisions and this agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision. 16. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent. servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Government. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. When required, the Local Government shall furnish the State with sadsfaetory proof of this compliance. 19. Sole Agreement This agreement constitui es the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed coats are allowable, reasonable and allocable to the Project. 13 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established in Title 49 CFR {1836 and with the property management standard cstabliahed in Title 49 CFR §1832. 22. Inspection of Books and Racerds The parties to the agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costa incuned under this agreement and shall maim such materials available to the State, the Local Government, and, if federally funded, the Federal Highway Athuinistration PHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any impending litigation, or claims are resolved. Additionally, the Stats, than Local Government, and the PHWA and tinier duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, excerpts. and transcriptions. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.1.98-502, ensuing that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 after August 31, 2000. 24. Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CPR §710.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minoriry Business Enterprise Program requirements established in 49 CFR Part 26. 26. Debarment Certifications The patties ere prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under thia contract to certify its eligibility to receive Federal funds and, when requested by the State, to 14 furnish a copy of the certification in accordance with Tide 49 CFR Part 29 (Debarment and Suspension). 27. Lobbying Certification In executing this Master Agreement, the signatories certify to the best of his or her knowledge and belief, that a. No federal appropriated funds have been paid or will be paid by or on behalf of the patties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, as officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding deny federal contract, the making of any federal grant, the making of any federal Ioan, the entcdng into of any cooperative agzeement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any fonds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in comnecdon with federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, ' Disclosure Form to Report Lobbying," in accordance with its instructions. c. The parties shall require that the Ianguage of this certification be included in the award documents for all aubawarda at all tiers (including subcontracts, subgranta, and contracts under grants, loan, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. By executing an LPAFA under this Master Agreement, the patties rearm this Iobbying cmtificadon with respect to the individual projects and reaffirm this certification of the material representation of facts upon which reliance will be made. Submission of this certification is a prezequiaite for making or catering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not leas than S10,000 and not mom than $100,000 for each such failure. 28. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented_ 15 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In duplicate counterparts. By: Title: Date: Daft43 etifiumier 8'31-01 Approved as to form: James R Bray Jr City Attorney By Lisa g Assistant City Attorney ATTEST: 04);,10-4;162 THE STATE OF TEXAS APP.W0X1 a-CwA CITY DO' Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or cawing out the orders, established policies or work programa heretofore approved and authorized by the Texas Transportation Commisaiott. Date: D. Iden, Director services Office 16 �Y CUGni:i* ... isEGRErArtyi 0 • -- ATTACHMENT A TYPES OF LPAFA FUNDING CATEGORIES UNDER THE MAFA Federal Categories Prefix Federal Categories Prez Interstate Intestate 1 Demonstration Projecfa Hi Priority Corridor on PSIS Itnerstata h?sinmaance IIN Interstate 4R Discretionary IDR Intrastate Constr. Disntationary ID Rutnl Access Projects Innovative Projects Priority Intermodal Projects Congestion Corridor Bridges FBA Priority Projects 1]PR DPR DPI DFM IVH/ITS EP BridgeRepair/Rehab On -System BR/BH Other National ffrthway Sys NE Surface Transportation Program Forest IEghwaya Urban Mobility/Rehab 5TP UM Arras < 204000 Bnbanaemeot STP -TE STATE CATEGORIES Metro Mobility/Rehab Preventive Maintenance Urban Mobutty/Rshab Urban & Rotel Rehabilitation harm -to -Monett ParM413-Matlmt Rehab STP -11 Rural D obEity Rabat STP -RM District Diary State Funded Rehab Rail -Hwy Coming Proteedve Devices Park Rood Rat! Hwy Cron Hazard Elimination ST =A}Di gradeRailroad STP -ROS Sono Funded Mobility PASS/PASS Metro Match Safety -Hard Elimination SIP - S Traffic Signals, Signing & Pavement Marldogs hfiscellaneom Congestion Mitigation & Air Quality CM Donor State Bonus* Railroad Replanidag State Funded Landscape CPM A/AR CD C C C C C C CRX C/CL CLM Any Area DB Stam Urban Street Arens >290 000 DBM Areas Q00,000 DM/ Others per LPAFA exception Minimum Guarantee MG Off-Systces Bridges Program BROX *ISTEA Frmding Categories —Not Re-ertablfshed in TEA 21 17 STATE OF TEXAS § COUNTY OF NUECES § ATTACHMENT B RESOLUTION KNOW ALL MEN BYTHESE PRESENTS: WHEREAS, the Port of Corpus Christi Authority ofNueees County Texas ("Authority) has applied for state and federal funding for various transportationrelsted projects such as the Joe Fnitoo International Trade Corridor and the Water Taxi to bo located near the Congressman Soloman P. Ortiz International Center end and WHBREAS, the state and federal funding has been approved for several of these projects; WHEREAS, Authority desires to atter into a Master Agreement Governing Local Transportation Project Advance Funding Agreements and Amendment to Master Agreement Governing Local Transportation Project Advance Funding Agreements with the State of Texas, acting by and through the Texas Department of Transportation r xDot'T) for the administration aid management of the planning, design and construction phases of its transportation related projects; and NOW THEREFORE, BE IT RESOLVED TEAT the Port Commission of the Port of Carpus Christi Authority unammonsly approves the Master Agreement Governing Local Transportation Project Advance Funding Agreements and Amendment to Master Agreement Governing Lapel Transportation Project Advance Funding Agreements mud the Executive Director, Jahn P, LaRue, of the Port of Corpus Christi Authority is authorized to execute these agreements. PASSED by the Port Commission in an open meeting on January 8, 2002. RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A MASTER AGREEMENT GOVERNING LOCAL. TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION NOW, TREREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI CITY COUNCIL: SECTION I. That the City Manager. or designee, is authorized to ctecute a Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. A copy o€the Agreement is attached as an exhibit to this Resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary �tIr Mayo Legal form approved Cr.,— 14 .2001; James R Bray, Jr., City Attorney By:i..-,M-F+ Lisa Aguilar V Assistant City Attorney 07.147 Corpus Christi, Texas Hilly of . JUr , .20 The above resolution was passed by the following vote: Samuel L. Neel, Jr. aA jt, Brent Chesney a. ,ii,-. Javier D. Colmenero /1 1 Q , J Henry Ganes alb sill Kelly 0 lit, Rex A. Kinnison a VC, John Longoria alp Jesse Noyola ii , Mark Scor.----41 1)244?S ORIGINAL AMENDMENT TO MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS AMENDMENT NO. 1 This is an amendment to the Master Agreement Governing Local Transportation Project Advance Funding Agreements ("MAFA") entered into on the same date as this amendment by and between the State of Texas, acting by and through the Texas Department of Transportation (hereinafter called "State"), and Port of Corpus Christi Authority of Nueces County, Texas (hereinafter called "Local Government"). 1. The MAFA is hereby amended to add Article 29, which is in its entirety as follows: "Article 29. Definitions A. MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS. This agreement entered into by and between Stale and Local Government which is also referred to herein as `MPA", "Master Agreement", "this agreement", and "this contract". B. LOCAL PROJECT ADVANCE FUNDING AGREEMENTS. A written agreement entered into by and between State and Local Government pursuant to this MAFA which defines the scope and development of a Iocal project to be undertaken, and which dolmas the various separate or different duties and respansibilities State and Local Government have with respect to the Iocal project, and which is also referred to herein as "LPAFA", "specific project agreement", and "local project agreement". C. PROJECT. The project that is of the category stated in Attachment A and defined as to its scope and development in the LPAPA, and which is also referred to herein as "Project", "project", "Iocal project", "construction activity", "the worn", and "highway project". D. P2&E. Construction plans, specifications and cost estimates are also referred to herein as "PS&B". 2. The first sentence in Article 8 is hereby amended to read in its entirety as follows: "Each party hereto is separately responsible to cause the plans for and the construction of all projects subject to this Master Agreement to be in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation under the Architectural Barriers Act , Article 9102, Texas Civil Statutes." HAFAITCalWaiersaxflPvt el" Math Amrn&rens= 11/7/2071 4:1 Y Ptd) 1 3. The first paragraph of Article 9 is hereby amended to read in its entirety as follows: "The LPAFA will define each party's separate responsibility for effecting the performance of architectural and engineering services" 4. The last sentence of Article 12. a. is hereby amended to read in its entirety as follows: "The State will pay for only those project costs that have been approved by the Texas Transportation Commission, which approval will be reflected by the State's execution of the LPAFA." 5. The first sentence of the third paragraph of Article 13 is hereby amended in its entirety as follows: "Each party to this agreement wilt comply with, and separately be responsible for the costs of compliance with, all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U. S. C. A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2 (g)." Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. HAEne:C131WortaxAPars of CC Moa Amendmenlm (1172002 4'14 PM) 2 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: Date: John P. LaRue Al4 Executive Director THE STATE OF TEXAS /-.4) do Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission y Je�ifer D 'i'I+ 57 Director Contract Services Office By: Date: 3 /.2. la )- 11,3114FantiatertiliVorl of CC Mao Arwndtnr ibty (1W20 2 &31 AM) 3 STATE OF TEXAS § § COUNTY OF TRAVIS § MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS OR1SNAL THIS MASTER AGREEMENT (MAPA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the Port of Corpus Christi Authority of Nueces County, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, the Inteauodal Surface Transportation and Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act for the 214 Century (TEA 21) codified under Title 23 U.S.C. Section 101 of seq., authorize transportation prograxas to meet the challenges of protecting and enhancing communities and the natural environment and advancing the nation's economic growth and competitiveness; and WHEREAS, ISTEA and TEA -21 establish federally funded programs for transportation improvements to implement its public purposes; and WHEREAS, Title 23 U.S.C. Section 134 requires that Metropolitan Planning Organizations and the States' Transportation Agencies to develop transportation plans and programs for urbanized areas of the State; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct end operate a system of highways in cooperation with local governments; and WHEREAS, federal and state laws require Iocal governments to meet certain contract standards relating to the management and administration of State and federal finds; and WHEREAS, the governing tams of this Master Agreement will provide for efficient and effective contract administration of the types of Local Project Advance Funding Agreements (LPAFA) listed in Attachment A; and, WHEREAS, the Texas Government Code, Section 441.189 allows any state record to be created or stored electronically in accordance with standards and procedures adopted as administrative rules of the Texas State Library and Archives Commission; and H:1&nt{F .*I MAFA-rust dac (Ulric .13 AM) WHEREAS, the Goveraing Body of the Local Government has approved entering into this Master Agreement by resolution or ordinance dated ]emery 8, 2002, attached hereto and made a part of this Mester Agreement as Attachment B NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed es follows: AGREEMENT Period of the Agreements Thla Master Agreement and the Local Project Advance Funding Agreements (LPAFAs) subject to this Master Agreement become effective when signed by the last party whose signing makes the respective agreements fully executed. This Master Agreement shalt remain in effect until terminated as provided in Article 2. Termination of this Master Agreement This agreement maybe terminated by any of the following conditions: by mutual written consent and agreement of all parties, by any party with 90 days written notice. If this Master Agreement is terminated under this datum, all existing, firlly executed LPAFAs made under this Master Agreement shall automatically incorporate all the provisions of this Master Agreement. by either party, upon the failure of the other party to fulfill the obligations as set forth in this Master Agreement Termination of the Local Project Advance Funding Agreement (LPAFA) An LPAFA ahaf remain in effect until the project is completed and accepted by all parties, unless: the agreement ie terminated in writing with the mutual consent of the parties, or, because of a breach of this Master Agreement or a breach of the Local Project Advance Funding Agreement. Any cost incurred due to a breach of contract shall be paid by the breaching party. After the PS&.E the local government may elect not to provide the fading and the project does not proceed because of insufficient funds; the local government agrees to reimburse the Stale for its reasonable actual costs incurred during the project H1EaglICB1w aQd1MAM-aai[.doe (litlt2002 9:15 AM) 2 Conditions for termination as specified in the LPAFA are fulfilled. Amendments Amendment of this Master Agreement by Notice with Mutual Consent: The State may notify the Local Government of changes in this Master Agreement resulting from changes in federal or state laws or rules or regulations and these changes in the Master Agreement shall be incorporated into this agreement unless the State is notified by the Local Government within 60 days. From time to time, the State may issue numbered restatements of this MAFA to wholly reflect its amendments. This Master Agreement may be amended due to changes in the agreement or the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the partite. The notice of amendment and the amendment to this Master Agreement may be in an electronic form to the extent permitted by law and after a prior written consent of the parties to this agreement is made. Amendmeuls to the LPAFAs due to changes in the character of the work or terms of the agreement, or responelilities of the parties relating to a specific project governed under this Master Agreement may be enacted through a mutually agreed upon, written amendment to the LPAFA. Remedies This agreement shall not be considered as specifying the exclusive remedy for any agreement delimit, but all mnedies existing at law and in equity may be availed of by either party to this agreement and shall be cumulative. Utilities If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment, removal or relocation, the Local Government will be responsible for determining the scope of utility work and notify the appropriate utility company to schedule adjustments, unless specified otherwise in a specific LPAFA ender other provisions of this MAPA. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §2I.2I relating to State Participation in Relocation, Adjustment, andfor Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility Accommodation. The Local Government will be responsible for all costs associated with additional adjustment, removal, or relocation HAFAM:131walrax£IMAPA•11Aal.dac (1N2002 3:33 AM) 3 during the construction of the project, unless this work is provided by the owners of the utility facilities: par agement; per all applicable statutes or toles, or, aa specified otherwise in a LPAPA. Prior to Letting a construction contract for a local project, a utility certifioation must be made available to the State upon request stating that all utilities needing to be adjusted for completion of the construction activity have been adjusted. Environmental Assessment and Mitigation Development of a Iocal transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal -aid project,. The Local Government is responsible for the identification and assessment of any environmental problems associated with the development of a Iocal project governed by this agreement, unless provided for otherwise in the specific project agreement The Local Government is responsible for the cost of any environmental problem's mitigation and remediation, unless provided for otherwise in the specific project agreement. The Local Government is responatble far providing any public meetings or public hearings required for development of the environmental assessment, miens provided for otherwise in the specific project agreement The Local Government shall provide the State with written certification from appropriate regulatory agency(les) that identified cnviromnentaI problems have been remediated, unless provided for otherwise in the specific project agreement Compliance with Terns Accessibility Standards and ADA All parties to this agreement sisal! ensure that the plans for and the construction of all projects subject to this Masts Agreement aro in compliance with the Texas Accessibility Standards (MS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barbara Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (PI. 101-336) (ADA). H:1rseFCBdialawoiMAPAdins) doe (1112002 133 AM) 4 1 Architectural and Engineering Services Any party to this contract may have responsibility for effecting the performance of architectural and engineering services. Or, the parties may agree to be individually responsible for portions of this work The LPAFA shall define the party responsible for performance of this work The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto, unless specifically stated otherwise in the LPAFA and approved bythe State. in procuring professional services, the parties to this agreement must comply with federal requirements cited in 23 CFR Part 172 if the project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional services contracts for fbderaIly funded protects must conform to federal requirements, specifically including the provision for participation by disadvantaged business enterprises (DHBa), ADA, and environmental matters. Construction Responsibilities Unless specifically provided for otherwise in the LPAFA, the State shall advertise for constriction bids, issue bid proposals, receives and tabulate the bids and award and administer the contract for construction of the Project. Arhninieiratiou of the contract includes the responaihility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal femdmg eligibility, projects must bo authorized by the State prior to advertising for construction. All contract Ietting and award procedures must be approved by the State prior to letting and award of the construction contract, whether the construction contract is awarded by the State or by the Local Government. All contract change order review and approval procedures must ba approved by the State prior to start of construction. Upon completion of the Project, the party constructing the project will issue and sign a Notification of Completion" acknowledging the Project's construction completion. For federally forded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If forme account work will be performed, a finding of coat effectiveness shall be made in compliance with 23 CFR 635, Part B. H'IEagfartvakAaifMA Awarder (1/a12002 t31 AM) 5 Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads aler completion of the work and the State shall be responmble for maintenance of stale highway system after completion of the work if the work was an the 'tate highway system, unless otherwise provided for in the LPAFA or other prior existing maintenance agreement with the Local Governrnant. Local Project Sources and Uses of Funds a. The total estimated cost of the Project will be clearly stated in the local project agreement. The expected cash contributions from the federal, state, Local Goverment or other parties will be clearly stated. The State will pay for only those project costs that have been approved by the Texas Transportation. Commission. A project cost estimate showing the estimated contributions in kind or in cash for each major area of the local project will be provided in the LPAFA. This project cost estimate will show how necessary resources for completing the project will be provided by major coot categories. These categories include but axe not Iimited to: (I) costs of real property; (2) costa of unity work (3) costa of environmental assessment and rernediation; (4) cost ofpreliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. The State will be responsible for aecuring the Federal and State share of the funding required for the development and construction of the local project. Federal share of the project will be reimbursed to the local government on a cost basic. The Local Govetmmeat will be responarble for all non-federal or non -State participation costs associated with the Project, including any overruns in excess of the approved Iocal project budget; unless otherwise provided for in the LPAFA. Following execution of the LPAFA, but prior to the performance of any review work by the State. the Local Government will rarnh a check or wanani made payable to the "Texas Department of Transportation " in the amount specified in the LPAFA. The Local Government will pay at a minimum its funding share for the estimated cost of preliminary engineering for the project, runless otherwise provided for in the LPAFA. Sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costa, unless otherwise provided for in the LPAFA. In the event the State determines that additional funding is required by the Local Government at any time during the Project, the State will notify the Local Government in writing. The Local Government will make payment to the State within thirty (30) days from receipt of the State's written notification, unless otherwise provided for in the LPAFA. Wirseala 5wo 1WlAFA-anal.doe rumour a:ra AM) 6 Upon completion of the Project, the State will perform an audit of the Iocal project costs. Any Bends due to the Local Government, the State, or the Federal government will be promptly paid by Ibe owing party. The State will not pay interest on any funds provided by the Local Goverment. If a waiver has been granted, the State will not charge the Local Goverantent for the indirect costs the State incurs on the local project, unless this agreement is terminated at the request of the Local Government prior to completion of the project. If the local project has been approved for a "fixed price" or an "incremental payment" non- standard funding or payment arrangement under 43 TAC §15.52, the LPAFA will clearly state the amount of the fixed price or the incremental payment schedule. The Texas Comptroller of Public Accounts bas determined that certain comities qualify as Economically Disadvantaged Counties in comparison to other counties in the state as below average per capita property value, and below average per capita income, and above average unemployment, for certain years. The LPAFA will reflect adjustments to the standard financing arrangement based on this designation. The State will not execute the contract for the construction of a local project until the required funding has been made available by the Local Government in accordance with the LPAFA. Right of Way and Real Property The Local Government is responsible for the provision and acquisition of any needed right of way or real property, unless the State agrees to participate in the provision of right of way under the procedures dcec rlbed herein as parts A and B of this provision. Title to right away and other related real property roust be acceptable to the State before funds may be expended for the improvement ofthe right of way or real property. If the Local Government is the owner of any part of a project site under an LPAFA, the Local Government shall permit the State or its anthorized representative access to occupy the site to perform all activities required to execute the work under the LPAFA. All parties to this agreement will comply with and assume the costa for compliance with all the requirements of Title U and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 464I et seq., including those provisions relating to incidental expanses incurred by the pmperty owners in conveying the real pmperty to the Local Government, and benefits applicable to the relocation of any displaced person as domed in 49 CFR Section 24.2(g). Documentation to support each compliance must be maintained and made available to the State and its representatives for review and inspection. HiEntFLBMwtcriasi1MAFA.Mardx (1/1/2002 813 AM) 7 If the Iocal government purchases right of way for a Local government street, title wiIl be acquired in the name of the local goverment in accordance with applicable Iaws unless specifically stated otherwise in the LPAFA and approved by the State. If the State participates in the purchase ofright of way for the state, it will be tender the processes established in the following paragraphs A or B, and the selected option shall be specified in the LPAPA. Purchase By the State for the State The State will assume responsibility for acquisition of all necessary right of way for the highway project The Local Government will voluntarily contribute to the State funds equal to tan (10) percent of the cost of the right of way for the proper development and construction of the state highway system and ahall transmit to the State a warrant or check payable to the Texas Department of Transportation when notified by the State of the estimated cost of the right of way. If the amount is found insufficient to pay the Local Government's obligation, then the Local Government, upon request of the State, will supplement this amount in such amount as requested by the State. Upon completion of the highway project and in the event the tots] amount paid by the Local Government is more than ten (1 b) percent of the actual cost of the right of way, any excess amount will be returned to the Local Government. Cost of the right of way by the State shall mean the total value of compensation paid to owners, including but not limited to utility owners, for their property interests either through negotiations or eminent domain proceeding& Purchase by the Local Government for the State Purchase: Right of way purchaser shall be a joint effort of the Stale and the Local Government. Acquisition of right of way shall be in accordance with the terms of this agreement and in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. The State agrees to reimburse the Local Goverment for its share of the cost of such right of way providing acquisition when it has been authorized to proceed by the State. Location Surveys and Preparation of Right of Way Data: The State, without cost to the Local Government, will do the necessary preliminary engineering and title investigation in order to supply to the Local Government the data and its necessary to obtain acceptable title to the desired right of way. Determination of Right of Way Valnest The Local Government agrees to make a determination of property values for each right of way parcel by methods acceptable to the Local Government and to submit to the State's District Office a tabulation of the values so determined, signed by the appropriate Local Government representative. Such tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any), and the amounts by which the total compensation will be reduced if the owner retains Feld t i,z MAFA-f6taldoe (11111002 1:31 AM) 8 improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of iafotmatioa or reports used in arriving at all determined values. Stich wok will be performed by the Local Government at its expense without cost participation by the Stabs. The State will review the data submitted and may base its reimbursement an the values which are determined by this review. The State, however, reserves the right to perform at its own expense any additional investigation deemed necessary, including supplemental appraisal work by State employees or by employment of fee appraisers, all as may be necessary for determination of values to constitute the basis for State reimbursement If at any stage of the project development it is determined by mutual -agreement between the State and Local Government that the requirement for the Local Government to submit to the State property value determinations for any part of the required right of way ahould be waived, the Local Govexnmcad will make appropriate written notice to the State of such waiver, such notice to be acknowledged in wilting by the State. In instances of such waiver, the State by its due processes and at its own expense will make a determination of values to constitute the basis for State reimbursement Negotiations: The State will notify the Local Government as soon as possible as to the State's determination of value. Negotiation and settlement with the property owner will be the responsibility of the Local Government without participation by the State; however, the Local Government will notify the State immediately prior to closing the transaction so that a current title investigation may be made to determine if there has been any change in the title. The Local Government will deliver properly executed instruments of conveyance which together with any curative instruments found to be necessary as a result of the State's title investigation will be properly vest title in the State for each right of way parcel involved. The costs incidental to negotiation and the coats of recording the right of way instruments will be the responsibility of the Local Government The coat of title investigation will be the responsibility of the State. Condemnation: Condemnation proceedings will be initiated at a time selected by the Local Government and will be the Local Govenunent's responsibility at its own expense except es hereinafter indicated. The Local Government will obtain from the State without cost current title information and engineering data at the time condemnation are to be indicated. Except as heminafter set forth the Local Government will concurrently file condemnation proceedings and a notice of lis pendens for each case in the nanra of the State, and in each case so filed the judgment of the court will deme title to the property condemned to the State. The Local Government may, as set forth herein under "Excess Takings" and where it is determined to be necessary, enter condemnation proceedings in its own name. Property acquired in the Local Government's name for the State must comply with requirements set forth in the engineering data and title investigation previoualy furnished to the Local Government by the State at such time as the Local Government conveys said property to the State. Court Costs, Costs of Special Commissioners' Hearings and Appraisal Expense: Court coats and costs of Special Commissiontas' heartn,gs assessed against the State or Local Government in condeamstion proceedings conducted on behalf of the State and fees incident thereto will be paid by the Local Government. Such costs and fees, with the exception of recording fees, will be eligible far ninety (90) percent State reimbursement under the established reimbursement procedure provided such costs and fees are eligible far payment by the State under existing law. Where the Local Government uses the State's appraisers employed on a fee basis in Special Commissioners' HAFriyiFCBbr tjyyrAPA-tlnatdoe (1/11/2002 837 AM) 9 hearings or subsequent appeals, the cost of the appraiser for updtting the report, for preparing new reports, preparing for court testimony and appearing in court to testify in support of the appraisal will be paid direct by the Local Government, but will be eligible for ninety (90) percent State reimbursement tinder eetabliahed procedure provided prior approval for such appraiser has been obtained from the State. The fee paid the appraiser by the Local Government shall be in accordance with the fee schedule set forth in the appraisees contract for appraisal services with the fide. Excess Takings: In the event the Local Goverment deeires to acquire land in excess of that requested by the Stain for right of way pmposcs, the State's cost participation will be limited to the property needed for its purposes. If the Local Govermaent elects to acquire the entire property, including the excess taking, by a single instrument of conveyance or in one eminent domain proceeding the property involved will be acquired in the name of the Local Government and that portion requested by the State for right of way will be separately conveyed to the State by the Local Government When acquired by negotiation, the State's participation will be based on the Slate's approved value of that part of the property requested far right of way purposes, provided that such approved value does not exceed actual payment made by the Local Government When acquired by condemnation, the State's participation will be in the proportionate part of the final judgment amount computed on the basis of the relationship of the State's approved value to the State's predetermined value for the whole property. I[mprovementa: Property owners will be afforded an opporttmity in the negotiations to retain any or all of their improvements in the right of way taking. In anticipation of the owner desiring to retain improvements, the State's approved value will include the amounts by which the upper limit of State participation will be reduced for the retention. It is further agreed that the upper limit for the State's participation in the Local Governmead's cost for en improved parcel will be reduced u shown in the State's approved value where the owner retains an improvement which is to be moved by either the Local Government or the owner. In the event improvements, which are, in whole or part, a part of the right of way taking are not retained by the owner, title is to be secured in the name of the State. The State will participate in the acquisition of a structure severed by the right of way line if the part of the house, building or similar structure which lies outside the right of way cannot bo reconstructed adequately or there is nothing but aalvage left, provided that the State's value is established on this basis and provided that title to the entire structure is taken in the name of the State. The State shall dispose of all improvements aaquieed. The net revenue derived by the State from the disposition of any intprovemente sold through the General Services Commission will be credited to the coat of the right of way procured and shared with the Local Government. Relocation Of Uttlitles en Acquired State Right of Way: If the required right of way encroaches upon an existing utility Located on its own right of way and the proposed highway construction requires the adjustment, removal or relocation of the utility facility, the State will establish the necessity for the utility work. State participation in the cost of making the necessary change, loss any resulting increase in the value to the utility and Iesa any salvage value obtainable, may be obtained by either the "actual cost" or "lump sum" procedures. ri.'largl 3 itgt inMAFA-0mldoo (trsn002 1133 AM) 10 Reimbursement under "actual cost" will be made subsequent to the Local Government's certification that the work has been completed and will be made in an amount equal to ninety (90) percent of the eligible items of cost as paid to the utility owner_ The "lump sum" procedure requires that the State establishes the eligibility of the utility work and enters into a three -party agreement, with the ownerrs of the utility facilities and the Local Government, which seta forth the exact hump sum amount of reimbursement, based on a prior appraisal. The utility will be reimbursed by the Local Government after proper certification by the utility that the work has been done, said reimbursement to be the basis of the prior lump sum agreement. The State will reimburse the Local Government in an amount equal to ninety (90) percent of the firm commitment as paid to the utility owner. The foregoing is subject to the provision that the individual lump sum approved valve shall not exceed $20,000, except es specifically approved by the State. In those uses where a single operation is estimated to exceed $20,000 the transaction will be brought to the attention of the State for determination of proper handling basad upon the circumstances involved. Such utility flan commitment will be an appropriate item of right of way. The adjustment, removal or relocation of any utility line on publicly owned right of way by suffiarance or permit will not be eligible for State reimbursement. The term "utility" under this agreement shall include publicly, privately and cooperatively owned utilities. Fencing Regnirementa: The Local Govemmmt may either pay the property owner for existing right of way fences based on the valve such fences contribute to the part taken and damages for en nmfcnced condition resulting from the right of way taking, in which case the estimated value of such right of way fences and such damages will be included in the recommended value and the approved value, or the Local Government may do the fencing on the property owner's remaining ProPerty Where the Local Government performs right of way fencing as a part of the total right of way consideration, neither the valve of existing right of way fences nor damages for an unfenced condition will be included in the recommended value or the approved value. Sista participation in the Local Government's cost of constructing right of way fencing on the property owner's remainder may be based on either the actual cost of the fencing or on a predetermined lamp earn amormt The State will be given credit for any salvaged fencing material and will not participate in any overhead costs of the Local Government. if State participation is to be requested on the limp sum basis, the State and the Local Government will reach an agreement prior to the acmal accomplishment of the work es to the necesaity, eligibility and a firm commitment as to the cost of the entire fencing work to be performed The foregoing b subject to the provision that the lump sum approved cost ahall not exceed $20,000, except as specifically approved by the State. In the event the cost of the fencing is estimated to exceed 520,000, the transaction will be brought to the attention of the State for determination ofproper handling based upon the circumstances involved Reimbursement: The State will reimburse the Local Government for right of way acquired after the date of this agreement in amount not to exceed ninety (90) percent of the coat of the right of way acquired in accordance with the terms and provisions of this agreement. The State's i1:ta Blv aRMARAdttsedae (1/112002 1:33 AM) 11 reimbursement will be in the amount of ninety (90) percent of the State's predetermined value of each parcel, or the net cost thereof, whichever is the Iesser amount. If condemnation is necessary and title is taken as set forth herein under the section entitled "Condemnation," the participation by the State shall be based on the final judgment, conditioned upon the State having been notified in writing prior to the filing of such suit and upon prompt notice being given as to all action taken therein. The State shall have the right to become a party to the suit at any time fir all purposes, including the right of appeal at any stage of the proceedings. All other items of cost shall be borne by the State and the Local Government as provided in other sections of this agreement If a hump sum fencing or utility adjustment agreement has been executed, the State will reimburse the Local Government in the amount of ninety (90) percent of the predetermined romp sum cost of the right of way fencing or utility adjustment. If the Local Goverrmment prefers not to execute a lump sum agreement lbr either fencing or utility adjustments, the State will reimburse on the actual cost of such fencing or adjustments. The Local Government's requcat for reimbursement will be supported by a breakdown of the labor, materials and equipment used. General: It is understood that the teams of this agreement shall apply to new right of way authorized and requested by the State which is needed end not yet dedicated, in use or previously acquired in the name of the State or Local Government for highway, street or road purposes. This agreement shall also apply, with regard to any existing right of way, to outstanding property interests not previously acquired and to eligiiuie utility adjustments nolo previously made, as authorized and requested by the Stale. It is further understood that if unusual circumstances develop in the right of way acquisition which are not clearly covered by the terms of this agreement, such unusual circumstances or problems will be resolved by mutual agreement between the State and the Local Government. Notices All notices to either party by the other required under this agreement shall be delivered personally or sant by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only atter a separate written consent of the parties), addressed to such party at the following addresses: State: Texas Department of Transportation P. 0. Box 9907 Corpus Christi, Texas 78469-9907 Attention: David B. C;asteel, P.E. District Engineer Corpus Christi District HAEre-CaUwlut ariMAFMIntLdoe (>e esx AM) t2 Local Government: Port of Corpus Christi Authority 222 Power Street Corpus Christi, Texas 78401 Attention: Frank C. Brogan, P.E., R.P.LS. Director of Engineering Services Ali notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. Legal Construction In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not acct any other provisions and this agreemaut shall be construed as if it did not contain the invalid, illegal or unenforceable provision. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. Ownership o(Documents Upon completion or termination of this agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State in the form of photocopy reproduction on a monthly basis as required by -the State. The originals shall remain the property of the Local Government. Compliance with Laws The parties shall comply with all Federal, State, and Local Laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the perfbbmmnce of this agrcemenL When required, the Local Government than punish the State with satisfactory proof of this compliance. Sole Agreement This agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the agreement's subject matter. !iiffie1FC/Avaa azIL eAPA•ninIdec WW2= 922 AM) 13 Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles established in OMB Circular A-87 that specify that all reimbursed coats are allowable, reasonable and allocable to the Project. Procarement and Property Management Standards The parties shall adhere to the procurement standards established is Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §18.32. Inspection of Books and Records True parties to the agreement shall maintain all books, documents, per, accounting retards and other documentation relating to costs incurred under this agreement and shall make such materials available to the State, the Local Goverment, and,, if federally funded, the Federal highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives fur review and inspection at its office during the contract period and for four (4) years from the data of completion of work defined under this contract or anti] any impending litigation, or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this agreement for the purpose of making audits, examinations, exempts, and transcriptions. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L. 98-502, ensuing that the single audit report includes the coverage stipulated in OMB Circular No. A-128 through August 31, 2000 and stipulated in OMB Circular A-133 alter August 31, 2000_ Civil Rights Compliance The Local Government shall comply with the regulations of the Department of Transportation as they =elate to nondiscrimination (49 CFR Chapter 2I and 23 CFR §7I0.405(B)), and Executive Order 11246 titled "Equal Employment Opportunity," as amended by Executive Order 11375 and supplemented in the Department of Labor Regulations (41 CFR Part 60). DLsadvantaged Briefness Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established in 49 CFR Part 26. tiAlr P U.sicr 1?MAFA-aaaLeoc (1nm0n2 833 AM) 14 Debarment Certifications The parties are prohrbitcd from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Oder I2549, "Debarment and Suspension." The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify its eligibility to receive Federal funds and, when requested by the State, to fumish a copy of the certification in accordance with Title 49 CFR Part 29 (Debarment and Suspension). Lobbying Certification In executing this Master Agreement, the signatories certify to the best of his or her knowledge and belief that: No federal appropriated fimds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal Ioan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congas, an officer or employee of Congress, or an employee of a Member of Congress in connection with federal contracts, grants, Ioans, or cooperative agreements, the signatory for the Local Government shall complete and submit the federal Standard Form -LLL, `Disclosure Form to Report Lobbying," in accordance with its instructions. The parties shrill require that the language of this certification be included in the award documents for all subawards at all tiers Cmcluding subcontracts, subgranta, and contracts under grants, loan, and cooperative agreements) and that all subrecipienis shall certify and disclose accordingly. By executing an LPAFA under this Master Agreement, the parties reaffirm this lobbying certification with respect to the individual projects and reaffirm this certification of the material representation of facto upon which reliance will be made. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any parson who FIs to file the required certification shall be subject to a civil penalty of not less than S10,000 and not more than 5I00,000 for each such failure. Signatory Warranty The signatnties to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. HAWFC8letcru 1001AFA-emldac (Irarmoz soiAM) 15 IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By: Iohn P. LaRue Executive Director Date: ! a-02_ THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or cariying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By. Date: tract Services Office 1 //lire- HIE4g1FCBtrnerstaa:MIAM-fErtaLstac (1182002 t31 AM) 16 ATTACHMENT A TYPES OF LPAFA FUNDING CATEGORIES UNDER THE MAFA Federal Categories Prefix ' Federal Categories Prefix Interstate Demonstration Projects Intastatc 1 Si Priority Corridor on HEIS DPR Interviste Maintenance IM , Rural Access Ptacts DPR mit 4R Discretionary IDR Innovative Prvjecth DPI Interstate Corer. Diarretioaay ID Priority Intmmodil Projects DPM C m:estoa Corridor NA/Illi Bridges HO Priority Projects HP Bridge RepaiifRrbab On -System BRf/BH Other National Highway Symms NS Surface Transportation Program PearatHIgbways FH Urban Mabiity/Rehab STP -UM Areas < 2K Odd STATE CATEGORIES Enbancommst STP -TE Metro Mobiiitl!Robab STP-1s+Ai Prvvrative Maintenance CPM Urban Mobillt� ihab Perm-Marioet/Pirm to -Molest Rehab A/AR Urban &RmralReh izilitstton STP -R DistdetDiacretlooary -CD _ ‘_Rural Mobility Rebels STP RM State Funded Ret;ab C ,Rail -Hwy Craning Pmt ctive Devices STP -EXP Ps±.R and C Rai -Hwy Crossing Hazard Bilminetion SIP-RXH State Pundcd Mobility C Railroad grade & Piations STP-RQS PASS/PASS Metro Mitch C Safety-HazudBliMblation SIP HES Tref& Sipls, Signing & Pavement Marking=s C Miscollasscen C Congestion Mitigation & Air Quality CM Railroad Raplsn:ing illtX Saito P®ded Leadscapo CCI. Donor State Bonus* CIM Any Arca DB State Urban Stroh CuS Areas >200,000 DBM Ams Q00,000 DBU Others par LPAPA exception Minimum Guarantee MG Off -System Bridges Progsm BROX *ISM Funding Categories — Not Re-established in TEA 21 HirseaV BbaserIsA1MAFA•ffrsiliicc {111 Brom 1107 AM) RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE MASTER AGREEMENT GOVERNING LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION NOW, THEREFORE, BE IT RESOLVED BY THE CORPUS CHRISTI CITY COUNCIL: SECTION I. That the City Manager, or designee, Is authorized to execute Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advance Funding Agreements with the Texas Department of Transportation. A copy of the Amendment is attached as an exhibit to this Resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Se Legal form approved By: 3 Lisa Aguiiar Assistant City Attorney Samuel L, N dr., Mayor off, 2001; James R. Bray, Ir., City Attorney Corpus Christi,, Texa• day of 20 a The above resolution was passed by the following vote: Samuel L. Neal, Jr, Brent Chesney Javier D. Cobnenero Henry Garrett Bill Kelly Rcx A. Kinnison John Longoria Jesse Noyola Mark Scott T t tor.}b55 1 THE STATE OF TEXAS COUNTY OF TRAVIS § AMENDMENT TO MASTER ADVANCE FUNDING AGREEMENT THIS AGREEMENT, Is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the °State', and the City of Corpus Christi, hereinafter called the °Local Government° WITNESSETH WHEREAS, the e and thLocal Govemment executed a Master Advance Funding Contract on the ay of ,f , 2001, that specifies the provisions for advance -funding agreements; and WHEREAS, it has become necessary and desirable to amend the contract AGREEMENT NOW, THEREFORE, premises considered, the State and the Local Government do agree that the Master Advanced Funding Contract is amended as hereinafter stated. All portions of the Master Funding Contract not amended herein remain In full force and effect Such amendments are as follows: 1. Article 10a Is replaced to read: 10. Construction Responaibilfties a. Unless specifically provided for otherwise In the LPAFA. the State shall advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project Administration of the contract includes the sole responsibility for construction engineering and for Issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. II. Article 11, "Protect Maintenance° revise the entire sentence to read: 11. Protect Maintenance The Local Government shall bear sole responsibility for maintenance of locally owned roads after completion of the work and the State shall bear sole responsibility for maintenance of the stale highway system after completion of the work If the work was CSJ_NBR CSJ_CTGRY CCA SUB_CTGRY CORPUS CHRISTI PRTP_Nefi DD ATTACHMENT C-1 CSJ #: 0101-06-105 District ft 18 — Carpue Christi Code Chart B4 #: 82138, 09800 Pmjeti BR 2002 (454) Federal highway Administration CFDA # 20.296 BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RE8POH8181L ITIEB The Instadadon of the Harbor Bridge decorative lighting will be provided by the State and funded through Category 11 District Dtaue8onery Funds in the amount of 51.211,000.40- The Local Governments' contrfbudcn for Construction Costa will be %a00,000.00. The Loral Governments. et no cast to the State, will be responsible for ed utility, maintenance end operation of the Harbor Bridge deoorative lighting once Installed. The cosi far the design wady, including furnishing plane will be the responsibility of the Pod, and the City then wit reimburse the Port for half of the cost of the work. Maintenance and Operation shah Include Etre maintenance and replacement of drivers, LED modules, fbrtures, conductors, cahie, ung electrical service. Mated*, equipment: labor, tools and tndderdalu to properly provide a iundionat Decorative 51,211,000 i._: _t 1 r>+i t3�r�l _'.3• is : i .y `1 ; 91_0 r} 44r..`Y TA',' 'r..'IAlf i:••: i:'YP "i r'.- 1; The Local Governments are responsible for sit utility, maintenance end operation costs after the ccmpletton of the project. Deed State Costs wit be based on actual charges. Nis understood that the above coals are eatimales only- Final participation amounts twill be based on actual charges to the project on the state highway system, unless otherwise provided for In the LPAFA or other prior existing maintenance agreement with the Local Government. IN WITNESS WHEREOF, the parties to this arnendrnenl have signed duplicate counterparts. By Date: CITY OF CORPUS CHRISTI, TEXAS 9 t and arf -off THE STATE OF TEXAS ATTEST: 4.54.04‘9611 ARMANDOCHAPA Cmrr Executed for the Executive Director and approved for the Texae Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. Approved as to form: James R. Bray, Jr. Cr Attorney P. Burke, Jr. =cant City Atta Irre oielkdoi By: Date: a Con at r D. dano, Dlreator a Office Ar/o/ C.FOR AP. 1 1 STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT AMENDMENT #1 CSJ #; 0101-06-105 District #:16 — Corpus Christi Code Chert 84 #: 82136, 09800 Project BR 2002 (454) Federal Highway Adrninhrtratlan CFOA # 20.206 71118 AMENDMENT l8 MADE BY AND BETWEEN the State of Texas, ailing bough the Taxa, Department of Transportation, heretnalfar called the Stale, end the City of Corpus Christl (CIIy), end the Port of Corpus Christi (Port). each acting by and through Its duly authorized ofd&. hereinafter Jointly oiled the 'Local Governments' WITNEUOLTH WHEREAS, the State and the Local GGovemrrkarrt exeartad a =tact on the 10e day of January, 2011, to effectuate their agreement to hint, operate and maintain decorative lighting on the Harbor Bridge, US 181, on -system project; end, WHEREAS, the Local Governments are now contributing $800.000 for Conetnrdbn Costa; end, WHEREAS, It has berme necessary to amend that canted; NOW THEREFORE, M considerption of the promisee end W the mutual covenants and egrbornante of the parties hereto, the State and the Local Government do agree as Idioms: AGREEMENT Article 1. Deacriptlon of Amended hams Articles 3.d.. 7 end 12 of the executed Advance Funding Agreement ate voided and replaced with the following: 3. Local Project Satan:es and Ursa of Funds d. Each of the Local Governments will be responsible for all non-federal or non -Stale participation costa associated with tads Project ea noted In Attachment C-1, Wading any overruns In =cm of rho approved four projed budget union otherwise provided for in this Agreement or approved otherwise in an amendment to this Agmement. 7. Udlttles Each of the Local Governments shall be urquelly :.. • • ,. 60% , • the adjustment, removal, or relocation al u#Uty fad in accordance with applicable ` _ ^. : , :.1;.7; :.. , . pdidee. and prDcerdtrrea, Including any cost to the Stale of a delay resulting from the Local Governments failure to ensure that 'any fedaer ars adjusted. removed, or relocated before the scheduled beginning of construction. The Local Governments MO not be re mbureed with federal or elate funds Aw the coat of mulled utility work. The Local Governmenla must obtain advance approval for any variance from established procedures. Before a construction oMrad is let, the Local Governments shell provide, at the Stals'e request, a certiltcatbn stating that the Local Govemnkenta has completed the adjustment of all utilities that must be adjusted before construction Is camptelad. The Local Governments era rneponelble for all coats incurred due to uU rtes after the completion of the prajecL 12. Project Maintenance The Local Governments shall be equally respons161a, My percent (60%), fix maintenance of the decorative itghting on the Harbor Bridge, which is en on -state system location after con pieibn of the work. The Local Govemmente are responsible for all costs Incurred due to maintenance and operation after the wmpletlon of lho project. AFA-AFA_Amnend Page 1 of 2 Revised 10.11-10 CSJ 9: 0101-09-106 District #:18 — Corpus Christi Coda Chart 84 ifi 82138, 09800 Project: BR 2002 (454) Faders! Highway Administration CFDA # 20.205 Attachment '0' of the executed Advance Funding Agreement is being deleted in Its entirely and replaoad with Attachment C-1, contained herein. All other provisions of the original contract are unchanged and remain to full force and effect. Amide 2. Signatory Warranty The slgnetot$es to this amendment warrent that each has the nuthontyr to briber bib this agreement on behalf of lite organ(xadon represented. IN WITNESS WHEREOF, THE STATE AHD THE LOCAL GOVERNMENT NT have axeurtad duplicate counterparts to effectuate this agreement THE LOCAL GOVERNMENT THE STATE OF TORS Executed for the Executive Director and The City af_Corotra Christi Name of Logi Government Cc ort Ice the T e . purpose o are order of erativatinp endfor carrying out the orders, By established policies or wodc programs +�. �� To Tse approved and E;t101Gft�d by the Tema Transportation _ Printed Wine / /A, .! �•.a John P. LaRuon Printed Name Empathic 13frootor APR NH Aimed as le Ion hos Agora, Aaat City Attorney For City Attorney Data AFA-AFA Amend 10, rl nee p.t.s. mgr- Aumatiu/ amaia 04/I i l Art Page 2 of 2 Revised 10-11-10 TO: Lizette J. Colbert, P.E. South Region Su Center FROM: Joey Matealc Contract Services s 05/10/2011 SUBJECT: AFA amendment #1 for a transportation project CSJ: 0101-08-105 CS Log: 2011-980 Attached are; Two fully executed original counterparts for the referenced project. If you have any questions, please contact me at 512.374.5129, Thank You CS! #0101.16-105 District # 16 -Carpus Christi Code Chart 64 # 62I36, 09800 Project: BR 20(2 (454) Federal Highway Administration CFDA # 20.205 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For A Category 11 District Discretionary Funding On -System Project THIS AGREEMENT (the Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State, and the City of Corpus Christi (City), end the Port of Corpus Christi (Port), each acting by end through Its duly authorized officials, hereinafter jointly called the 'Local Governments' WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation Improvements to Implement its public purposes; and WHEREAS, the Texas Transportation Code, Sections 201.103 and 222.052 establish that the State shall design, construct and operate a system of highways In cooperatlon with Local Governments; and WHEREAS, federal and state laws requite Local Governments to meet earlain contract standards relating to the management and administration of State and federal funds; and WHEREAS, the Texas Transportation Commission passed Minute Order 111335, authorizing the State to undertake and complete a highway improvement generally described ea the Installation, aparation and maintenance of decorative lighting on the Harbor Bridge, US 181, on -system pmject and, WHEREAS, The Local Governments will be solely responsible for the operation and maintenance of the decorative Lighting and, WHEREAS, the Governing Body oj e_$ch Local Government has approved enter] Into this Agreement by resolution, dated If NOV SOJ0 for the Port and dated C 0IO for the City, respectively, which are attached hereto and made a part hereof as Attachment 'A" for construction, maintenance and operation of decorative lighting of Harbor Bridge at the location shown on the Map in Attachment V, attached hereto and made a part hereof, hereinafter referred to as the Project. AFA-AFA LongGen Page 1 of 12 Revised 10-11-10 CSJ #0101-06-105 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 NOW, THEREFORE, In consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it Is agreed as follows: AGREEMENT 1. Period of the Agreement Tula Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 2. Scope of Work The scope of work Is described as the Installation, maintenance and operations of decorative lighting on the Harbor Bridge, US 181. 3. Local Project Sources and Uses of Funds a. The total estimated cost of the Project Is shown in the Project Budget - Attachment 'C" which Is attached hereto and made a part hereof. The expelled cash contributions from the federal or State government, the Local Governments, or other parties Is shown In Attachment'C'. The State will pay for only those project costs that have been approved by the Texas Transportation Commission. The State end the Federal Government will not reimburse the Local Governments for any work performed before the issuance of a formal Letter of Authority by the Federal Highway Administration. The Local Governments are responsible for 100% of the cost of any work performed under its direction or control before the federal Letter of Authority Is formally issued. If either of the Local Governments will perform any work under thls contract for which reimbursement will be provided by or through the State, the Local Govemment(e) must complete training before a tetter of authority Is Issued. Training Is complete when et least one individual who is woridng actively and directly on the Project successfully completes and receives a certificate for the course entitled Local Govemments Project Procedures Qualification for the Texas Department of Transportation. The Local Govemment(s) shall provide the certificate of qualification to the State. The individual who receives the training carificat° may be en employee of the Local Govemmenl(s) or an employee of a firm that has been contracted by the Local Govemment(s) to perform oversight of the Project. The State In Its discretion may deny reimbursement if the Local Govemment(s) has not designated a qualified Individual to oversee the Project. b. Thls project cost estimate shows how necessary resources for completing the project will be provided by major cost categories. These categories may Include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction end construction management and (8) any other local project costs. c. The State will be responsible for securing the Federal and State share of the funding required for the development and construction of the local project. If the Local AFA-AFA_Longlan Page 2 of 12 Revised 1811-10 CSJ NO101-06-105 District # 16 -Corpus Christi Coda Chart 64 # 62136, 09800 Project; BR 2002 (454) Fcdcral Highway Administration CFDA #20205 Govemment(s) Is due funds for expenses incurred, these nds wtil be reimbursed to the Local Govemment(s) on a cost basis. d, Each of the Local Governments will be equally responsible, fifty percent (60%) per Local Government, for all non-federal or non -State participation costs associated with the Project, inciuding any overruns in excess of the approved local project budget unless otherwise provided for in this Agreement or approved otherwise In an amendment to this Agreement. e. Prior to the performance of any engineering review work by the State, each of the Local Governments will pay to the State the amount specified In Attachment C. At a minimum, this amount shall equal each Local Government's funding share for the estimated cost of preliminary engineering for the protect. At least sixty (60) days prior to the date set for receipt of the construction bids, each the Local Governments shall remit their remaining financial share for the State's estimated construction oversight end construction cost. 1. In the event that the State determines that additional funding by the Local Governments Is required at any time during the Project, the State will notify each Local Government In writing. Each Local Government shall make payment to the Stale within thirty (30) days from receipt of the State's written notification. g. Whenever funds are paid by the Local Governments to the State under this Agreement, each Local Government shall remit a check or warrant made payable to the 'Texas Department of Transportation Trust Fund.' The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds In the escrow account may only be applied to the State Project. h. Upon completion of the Project, the State will perform an audit of the Protect costs. Any funds due by either of the Local Governments, the State, or the Federal government wIA be promptly !aid by the owing ply. if, after final Project accounting, excess funds remain in the escrow account, those funds may be appy by the Std to the Local Government's contractual obligations to the State under another advance funding agreement L The State will not pay Interest on any funds provided by the Local Governments. j. 11 a waiver has been granted, the State will not charge the Local Governments for the Indirect costs the Stale Incurs on the local project, unless this Agreement la terminated at the request of the Local Governments prior to completion of the project. k. If the project has been approved for a "fixed price' or an 'incremental paymenr non- standard funding or payment arrangement under 43 TAC §15.52, the budget In Attachment 'Cm WI clearly state the amount of the fixed price or the Incremental payment schadule. I. tf either of the Local Governments ere an Economically Disadvantaged County and If the Stale has approved adjustments to the standard finandng arrangement, this Agreement reflects those adjustments. m. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit camrulttee, to conduct an audit or Investigation In connection with those funds. An entity that le the subject of an audit or AFAAPA_t.onpGeri Page 3 Of 12 Revised 10-11-10 C9f #olol-06-los District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 investigation must provide the state auditor with access to any information the state auditor considers relevant to the Investigation or audit. n. Payment under this contract beyond the end of the current fiscal biennium Is subject to availability of appropriated funds. If funds are not appropriated, this contract shall be terminated immediately with no liability to either party. The State will not execute the contract for the construction of the project until the required funding has been made available by the Local Governments In accordance with this Agreement. 4. Termination of this Agreement This Agreement shall remain In affect until the project Is completed and accepted by ail parties, unless: a. the Agreementis terminated In writing with the mutual consent of the parties; b. the Agreement Is terminated by one party because of a breach, In which case any cost Incurred because of the breach shall be paid by the breaching party; or c. the Local Governments elect not to provide funding after the completion of preltrnlnary engineering, specifications and estimates (PSE) and the Project does not proceed because of Insufficient funds, In which case the Local Governments agrees to reimburse the State for its reasonable actual costs Incurred during the Project. 5. Amendments Amendments to this Agreement due to changes In the character of the work or terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. B. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 7. Utilities Each of the Local Governments shall be equally responsible, fifty percent (50%) per Local Government, for the adjustment, remove!, or relocation of utility facilities In accordance with applicable State laws, regulations, rules, policies, and procedures, Including any cost to the State of a delay resulting from the Local Govemments failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local ai Governments will not be reimbursed with federal or state funds for the cost of required utility work. The Local Governments must obtain advance approval for any variance from establlshed procedures. Sefare a construction contract is let, the Local Governments shall provide, at the State's request, a certification stating that the Local Governments has completed the adjustment of all utilities that must be adjusted before construction is completed. AFA A_LongGSn Page 4 of 12 Revised 10-11-10 CSI #0I01-06-105 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 8. Environmental Assessment and Mitigation Development of a tran$portatlnn project must comply with the National Environmental Policy Act and the National Historic Preservatlon Act of 1966, which require environmental clearance of federal -aid projects. a. The State is responsible for the identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. b. The State !s responsible for the cost of any environmental problem's mitigation and remediation. c. The State Is responsible for providing any public meetings or public hearings required for development of the environmental assessment. Public hearings will not be held prior to the approval of project schematic. d. The State Is responsible for the preparation of the NEPA documents required for the environmental clearance of this project. e. The State shall provide written ceritiication from appropriate regulatory agency(fes) that identified environmental problems have been remedfated. 9. Compliance with Texas Accessibility Standards and ADA All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with the Texas Accessibility Standards (TAS) Issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minbnum accessibility requirements of the Americans with Disabilities Act (P.L..101-336) (ADA). 10. Architectural and Engineering Services The Local Government, known as the Port, has responsibility for the performance of architectural and engineering services. 'The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, and the special specification and special provisions related thereto.' For projects on the state highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the state highway system, the design shall, at a minimum conform to applicable American Association of State Highway and Transportation D1kls design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited In 23 CFR Part 172 if the project Is federally funded and with Texas Government Coda 2264, Subchapter A, In all cases. Professional services contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. AFA-AFA Lim teen Page 5 of 12 Revised 10.11-10 CSJ #01Q1-06-105 District# 16 -Corpus Chtiisti Code Chart 64 # 6'2136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA# 20205 11. Construction Responsibilities e. The State shall advertise for construction bids, Issue bid proposals, receive and tabulate the bids and award and administer the contract for construction of the Project. Administration of the contract Includes the responsibility for construction engineering and for Issuance of any change orders, supplemental agreements, emendmenta, or additional work orders, which may become necessary subsequent to the award of the construction contract In order to ensure federal funding eligibility, projects rnusl be authorized by the State prior to advertising for construction. b. The State will use Its approved contract letting and award procedures to let end award the construction contract. c. Prior to their execution, each of the Local Governments will be given the opportunity to review contract charge orders that will result In an Increase in cost lo the Local Governments. d. Upon completion of the Project, the party constructing the project will Issue and sign a "Notification of Completion* acknowledging the Project's construction completion. e, For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited In 23 CFR Part 835 and with requirements cited In 23 CFR Part 833, and shall include the latest version of Form 'FHWA-1273° in the contract bidding documents. If force account work wiN be performed, a finding of cost effectiveness shall be made In compliance with 23 CFR 635, Subpart B. 12. Project Maintenance The Local Governments shall be equally responsible, fifty percent (50%) per Local Government, for maintenance of the decorative fighting on the Harbor Bridge, which is an on -state system location after completion of the work. 13. Right of Way and Real Property The State Is responsible for the provision and acquisition of any needed right of way or real property. 14. Notices Ali notices to either party by the other required under this Agreement shall be delivered personally or sent by certiled or U.S. man, postage prepaid, addressed to such party at the following addresses: Local Governments: City Manager City of Corpus Christi P.D. Box 9277 Corpus Christi, Texas 78469-9277 State: Director of Contract Services Texas Department of Traasportadon 125 E.1 tth Austin, Texas 78701 APA-AFAALongGen Page 6 of 12 Revised 10-11-10 Local Governments: Executive Director Port of Corpus Christi P.O. Box 1541 Corpus Christi, TX 78403 CSJ #0101-06-105 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR. 2002 (454) Federal Highway Administration CFDA # 20.205 All notices shall be deemed given on the date so delivered or so deposited In the mall, unless otherwise provided herein. Any of the parties may change the above address by sending written notice of the change to each of the parties. Any of the parties may request In writing that such notices shall be delivered personalty or by certified U.S. mall and such request shall be honored and carried out by the other parties. 15. Legal Construction If one or more of the provisions contained In this Agreement shall for any reason be held Invalid, Illegal or unenforceable In any respect, such invalidity, Illegality or unenforceability shall not affect any other provisions and this Agreement shell be construed as if it did not contain the invalid, Iaegal or unenforceable provision. 18. Responsibilities of the Parties The State and the Local Governments agree none of the parties are an agent, servant, or employee of the other parties and each party agrees it is responsible for Its Individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 17. Ownership of Documents Upon completion or termination of thls Agreement, all documents prepared by the State shall remain the property of the State. AN data prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by either of the Local Govemments shall be transmitted to the State In the form of photocopy reproduction on a monthly basis as required by the State. The originals shall remain the property of the Local Governments. At the request of the State, the Local Governments shall submit any information required by the State In the format directed by the State. 18. Compliance with Laws The parties shall comply with all Federal, State, and Local Taws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals In any manner affecting the performance of this Agreement. When required, the Local Governments shall furnish the State with satisfactory proof of thls compliance. AFA-AFA_Lor,g len Page 7 of 12 Revised 10-11-10 CS! 00101-06-105 District # 16 -Corpus Christi Coda Chart 64 N62136, 09800 Project, BR 2002 (454) Federal Highway Administration CFA N20.205 19. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreemenrs subject matter. 20. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the Cost Principles establfshed in OMB Circular A-87 that specify that all reimbursed costs are allowable, reasonable and allocable to the Project. 21. Procurement and Property Management Standards The parties shall adhere to the procurement standards established In Title 49 CFR §18.36 and with the property management standard established in Title 49 CFR §15.32. 22. Inspection of Books and Records The panties to this Agreement shall maintain all books, documents, papers, accounting records and other documentation relating to costs Incurred under this Agreement and shall make such materials available to the State, the Local Governments, and, if federally funded, the Federal Highway Administration (FHWA), and the U.S. Office of the Inspector General, or their duly authorized representatives for review and Inspection at its office during the contract period and for four (4) years from the date of completion of work defined under this contract or until any Impending litigation, or claims are resolved. Additionally, the State, the Local Governments, and the FHWA end their duly authorized representatives shad have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, end transcriptions. Whenever American Recovery and Reinvestment Act of 2009 (ARRA) funds are used and If either of the Local Governments Is performing any work, either directly or through a contractor, It must comply with the following provisions. If any of Local Governments are receiving ARRA funds, but Is not performing any work, the folbwing provisions apply, If appropriate, and to the extent necessary 10 comply with ARRA regulations. In accordance with Section 902 ARRA, should this agreement involve the expenditure of ARRA funds, then the U.S. Comptroller General and Its representatives shall have the authority to: a. examine any records of the contractor or any of its subcontractors, or any State or local agency administering such contract, that directly pertain to, and involve transactions relating to the contract or subcontract; and b. interview any officer or employee of the Contractor or any of Its subcontractors, or any State or local agency administering the contract regarding such contracts. Nothing In the section previously mentioned shalt be Interpreted b limit or restrict In any way the existing authority of the Comptroller Generel. AFA.AFAj.ongGen Page 8 of 12 Revised 10-11-10 CO #0101-06-105 District # I6 -Corpus Christi Coda Chart 64 # 62136, 09600 Project: BR 2002 (454) Federal Highway Administration CFDA # 20.205 in accordance with Section 1515(e) of the ARRA, with respect to each contract or grant awarded using covered funds, any representative of an appropriate Inspector general appointed under Section 3 or 80 of the Inspector General Act of 1978 (5 U.S.C. App.), Is authorized: a. to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or any State or local agency administering such contract that pertain to and involve transactions relating to the contract, subcontract, grant, or subgrant; and b. to Interview any officer or employee of the contractor, grantee or subgrantee, or agency regarding such transactions. Section 1515(b) further provides that nothing In the section pravioualy mentioned shall be Interpreted to limit or restrict In any way the existing authority of an Inspector general. The ARRA requires that the Contractor report monthly employment Information for its firm as well as that of all of Its subcontractors. The Contractor, similarly, shall Include this reporting rrgt,troment In all of its eUbcentreete, Falling to Include the requirement In agreements with subcontractors can serve as grounds for contract termination. Form FHWA-1589, Monthly Employment Report, promulgated by the Federal Highway Administration (FHWA), captures the necessary monthly employment Information and shall be submitted by the Contractor on a regular basis to the LG (Local Governments). It Is the responsibility of the LG to obtain this form from the prime Contractor and any subcontractors and, the LG shall verify the accuracy, completeness, and reasonableness of the data contained In the form. The LG shall ensure that this form Is submitted by the LG to the State according to the policies and at the direction piths State. In order to meet any other FHWA and ARRA reporting requirements, the LG shall provide to the State all information requested by the State, Including data or information In possession of contractors and subcontractors for completing other necessary reporting forme, and the Information shall be submitted In the manner required and according to ell due dates as set by the State. Furthermore, the ARRA mandates that the U.S. Comptroller General's Office shall have authority to examine the records of the contractor, subcontractor, or local agency relating to the project at any time. 23. Office of Management and Budget (OMB) Audit Requirements The parties shall comply with the requirements of the Single Audit Act of 1984, P.L 98- 502, ensuring that the single audit report Includes the coverage stipulated In OMB Circular A-133. Whenever funds from the American ARRA are distributed to either of the Local Governments, the Local Government must complete its Sthedule of Expenditures of Federal Awards (SEFA) end the Data Collection Form (SF -SAC), as required by OMB Circular A-13$, and separately identify any ARRA expendtures for Federal Awards. AFA-AFA_LongGen Page 9 of 12 Revised 10-11-10 CSJ #0101-06-105 District # 16 -Corpus Christi Coda Chart 64 # 62136, 09800 Project: BR 2002 (454) Fedorsi Highway Administration CFDA if 20.205 24. CIvII Rights Compliance The Local Governments shell comply with the regulations of the Department of Transportation as they relate to nondiscrimination (49 CFR Chapter 21 and 23 CFR §710.405(B)), and Executive Order 11246 titled `Equal Emplaymenl Opportunity,' as amended by Executive Order 11375 and supplemented In the Department of Labor Regulations (41 CFR Part 60). 25. Disadvantaged Business Enterprise Program Requirements The parties shall comply with the Disadvantaged/Minority Business Enterprise Program requirements established In 49 CFR Part 28. 26. Debarment Certifications The parties are prohibited from making any award et any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation In Federal Assistance Programs under Executive Order 12549, 'Debarment and Suspension." By executing this agreement, neither of the Local Governments certify that they are not currently debarred, suspended, or otherwise excluded from or ineligible for participation In Federal Assistance Programs under Executive Order 12549. The parties to this contract shall require any party to a subcontract or purchase order awarded under this contract to certify Its eligibility to receive Federal funds and, when requested by the State, to furnish a copy of the certification. 27. Lobbying Certification In executing this Agreement, the signatories certify to the best of his or her knowledge and belief, that a. No federal appropriated funds have been paid or Wil! be paid by or on behalf of the parties to any person for influencing ar attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering Into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federel contract, grant, loan, or cooperative agreement. b. If any funds other than federal appropriated funds have been paid or win be paid to any person for influencing or attempting to influence en officer or employee of any agency, a Member of Congress, en officer or employee of Congress, or en employee of a Member of Congress In connection with federal contracts, grants, Loans, ar cooperative agreements, the signatories for the Local Governments shall complete and submit the federal Standard Form -LLL, "Disclosure Form to Report Lobbying,' in accordance with its Instructions. c The parties shall require that the language of this certification bd included In the award documents for all subawards al all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that alt subredplents shall certify and disclose accordingly. AFA-AFAj ongoen Page 11) of 12 Revised 10-11-40 C$J #0101-06-105 District # 16 -Corpus Christi Code Chart 64 # 62136, 09800 Project: BR 2002 (454) Federal Highway Administration CFDA # 20205 By executing this Agreement, the parties affirm this lobbying certification with respect to the Individual projects and affirm this certification of the material representation of facts upon which reliance will be made. Submission of Ha certification is a prerequisite for making or entering Into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to fife the required certification shall be subject to a civil penalty of not 1esi3 than $10,000 and not more than $100,000 for each such failure. 28. Insurance If this agreement authorizes either of the Local Governments or its contractor to perform any work on State right of way, before beginning work the entity performing the work she!, provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage In the amounts and types spedlted on the Certificate of Insurance for ail persons end entities working on State right of way. This coverage shall be maintained until all work on the State right of way Is complete. If coverage Is not maintained, ail work on State right of way shall cease lmmedlately, and the State may recover damages and all costs of completing the work. 29. Signatory Warranty The signatories lo this Agreement warrant that each has the authority to enter Into this Agreement on behalf of the party represented. IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed In trlpllcate counterparts. AFA AFALongCCen Page 11 of 12 Revised 10-11-10 CS! #0101,06-105 District # 16 -Corpus Christi Coda Chart 64 # 62136, 09800 Project: DR 2002 (454) Federal Highway Administration CFDA # 20.205 The Cltyof Corpus Christi Ate/ R. .6..rce7.4,4e PrinledName elk 02Witt Tltie�`. Pour et GOMM 4%-pii/P SiCam—alAtkAff Date The Port of Name if TohnP.Law& Printed Name ectthve DiMekr Tide Date ITEC 1 4 IJ19 itittalt —ragPie(ze=iFi5ir SECRETARV THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. ce ultenix !rector of Contract Services Texas Department of Transportation ge.v4D tau /0 a fl AFA-AFA Long0en Page 12 of 12 Revised 10-11-10 fi RESOLUTION APPROVING A LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT FOR A CATEGORY 11 DISTRICT DISCRETIONARY. FUNDING ON -SYSTEM PROJECT INVOLVING THE CON8TRUCTION OF DECORATIVE LIGHTING OF THE HARBOR BRIDGE WHEREAS, the City of Corpus Christi (City) Is Interested In participating in the decorative lighting project for the Harbor Bridge on State Highway 181 over the Corpus Christi Ship Channel; and WHEREAS, state funding has been approved fortis project; and WHEREAS, City previously entered Into a Mester Agreement Governing Local Transportation Project Advance Funding Agreement and Amendment to the Master Agreement Governing Local Transportation Project Advance Funding Agreement with the State of Texas, acting by and through the Texas Department of Transportation (TxDot) for the adminIstn3tlan and management of the planning, design end construction phases of Its transportation related projects, and WHEREAS. City wishes to enter Into a Local Tranaportatlon Project Advance Funding Agreement, a copy of which to attached hereto, with the State of Texas, Acing by and through TxDot for the oversight of the Ciiyra portion of the administration and management of the planning, design, aoneiruaticm and maintenance ptrasee of Harbor Bridge tighting prefect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS. CHRISTI, TEXAS; SECTION 1. That the City hereby approves tine Local Transportation Project Advance Funding Agreement for the Harbor Bridge lighting project; and 028874 SECTION 2. That the City Manager, or designee, Is authorized to execute saki agreement which Is attached hereto as an Exhibit. ATTEST: THE CITY OF.CORPUS CHRISTI Armando Chau Joe Adiage City Secretary Mayor beumber APPROVED: day of November, 2010. • Carlos Valdez City Attorney Corpus Christi, Texas The above resolution was passed by the following vote: Joe Marne Chris N. Adler Larry R. E&ando, Sr. /46 ' Kevin IQeschnl*lc Priscilla Leal John E. Marey Nelda Martinez Mark Scott Linda Strong rwo>wren vats seat 028.874 1 CSJ: 0101-01-105 Project Name: Harbor Bridge Lighting ATTACHMENT A Resolution of Local Government (Port of Corpus Christi Authority) Approving this LPAFA STATE OP TEXAS COUNTY OF NUECES $ KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the Port of Corpus Christi Authority of Nuecea County, Texas C`Authority% has agreed to participate in the lighting project for the Harbor Bridge located on State Highway 181 over the Corpus Christi Ship Channel; and WHEREAS, atate funding curs then approved for this project; and WHEREAS, Authority previously entered into a Marten Agreement Governing Local Transportation Project Advance Funding Agreements and Amendment to the Master Agreement Governing Local 'hanaportation Project Advance Funding Agreements with the State of Tuns, acting by and through the Teras Department of Transportation (' xOOT) for the administration and management of the planning, dealgn, and construction phases of its transportation -related projects on January 8, 2002; and WHEREAS, Authority wishes to enter into a Local Project Advance Funding Agreement, a copy of which is attached hereto, with the State of Texas, acting by end through TxDOT for the oversight of the Authority's portion of administration and management of the planning design, end conalrucdon phmsw of tbo Harbor Bridge ligbdng project, NOW, THEREFORE, BE !T RPSOLTIED THAT the Port Commission of the Port of Corpus Christi Authority of Nuecea County, Texas, hereby approves the Local Project Advance Funding Agremnent for the Harbor Bridge lighting project, and Executive Director John P, LaRue of the Port of Corpus Christi Authority is hereby authorized to execute aane. PASSED by the Port Commission in an open meeting on November 9, 2010. C11#0101-06-105 District # 16 -Corpus Christi Coda Chart 64 # 62136, 09800 Project 13R 2002 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT A Resolution or Ordinance Page 1 of 1 Attachment A CSJ #0101-06-105 Disk -int # 16-Corpua Christi Code Chart 64 # 62136, 09800 Project BR 2602 (454) Federal Highway Administration CFDA # 20.205 ATTACHMENT B Location Map Showing Project . : If • "V14. ' • • . Z., -...- .::.. ...!4. . C; . . . . ...t : .C..7. ,. ' : '..cr. t • 1 1 t,-,-..I.t .,,O. ',.5.4., 1 ,,.... .. . '• -efrviii—p- •rv,.....';,"..1.,,,V:' ' . . ., .:.- --"!.‘'.. • 'Lt.?... 7.; ' „ • . •••• , 7- . •.- , , • • • .•:.1_•• • ...J..", .- • ._ ir,, • ' '''' - V' - „: , ,•q...; , ' -. ; ' - ' • ' '- -..it.•%,.. .1.•'... 1. ..-- - . - ' '1- • t -re • - - ..• I ::71LIto•;• --;:j1 - .4.• -A; '.°.. ' , . , „_...,..-: :, _°....:-.,7- r . ,11 1 I. • , w • ... k ..0 4. . P .. ,. v. Page 1 of 1 1 Attachment B E 1 C51 #0101-06-105 District # 16 -Corpus Christi Code Chart 69 # 62135, 09800 Projcct: BR 2002 (454) Federal Highway Administration CFDA # 20205 ATTACHMENT 8.1 Location Map Showing Project Page 1 of 1 Attachment B CW 1101 01-06-1 05 District # 16 -Corpus Christi Coda Chart 64 # 62136, 09800 Project. 8R 2002 (454) Federal Highway Administration CFDA # 20205 ATTACHMENT C BUDGET ESTIMATE, SOURCE OF FUNDS AND WORK RESPONSIBILRIES The Installation of the Harbor Bridge decorative lighting Miff be provided by the State and funded through Category 11 District Discretionary Funds In the amount of 1,2 million. The Local Governments, at no cost to the State, will be responsible for all maintenance and operation of the Harbor Bridge decorative lighting once Installed. The cost for the design work, including furnishing plans will be the responsibility of the Port. and the City then will reimburse the Port for half of the cost of the work. Maintenance and Operation shall Include the maintenance and replacement of drivers, LED modeles, fixtures, conductors, cable, conduit, electrical service, materials, equipment, labor, tools and Incidentals to properly provide a functional Decorative lighting System :•L -i 11•r ,a• sl,:.1)1' 1' .:?' ; .yi 4 ; a:�•�y i.T t Page 1 of 1 Attachment C AGENDA MEMORANDUM Future item for the City Council meeting of November 10, 2015 Action Item for the City Council meeting of November 17, 2015 DATE: TO: September 30, 2015 Ronald L. Olson, City Manager FROM: Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant (DEAAG) Program. CAPTION: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. PURPOSE: The purpose of this item is to receive authorization to submit the grant application to the State of Texas, Office of the Governor for the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. The application is due November 20, 2015. The City can only submit one application per cycle. BACKGROUND AND FINDINGS: The Defense Economic Adjustment Assistance Grant (DEAAG) program is administered by the Texas Military Preparedness Commission (TMPC) within the Office of the Governor. DEAAG is codified in Government Code, Chapter 436, and the program administrative rules are in Subchapter B, Title 1, Chapter 4, Texas Administrative Code. The purpose of the program is to provide state funding for any of the following: • Acquiring federal grant assistance; • For sharing in the cost of redevelopment of communities that have been adversely or positively affected by the Base Realignment and Closure Act or Department of Defense reduction or loss of funding; or • In the case of infrastructure, adds military value to the military installation. The 84th Texas Legislature appropriated $30 million ($15 million in Fiscal Year 2016 and $15 million in Fiscal Year 2017) to assist defense communities that have been, or may potentially be, impacted by a past or future Base Realignment and Closure (BRAC) action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The 84th Texas Legislature also amended the DEAAG statute to increase the maximum grant awards from $2 million to $5 million. So the possibility exists that a minimum of only three $5 million grant awards could be made each round. The DEAAG program generally requires a 50% match, but the TMPC may reduce that to a 20% match or 100% grant with no match, if the local government can demonstrate that resources are not available because of limited local budgets. The match can be either cash or in-kind services. The TMPC will score and award the grants. The second route of grant applications is anticipated in Spring 2016. All awarded funds must be spent by August 31, 2017. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Resolution DEAAG Administrative Rules A RESOLUTION Authorizing the City Manager, or designee, to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program. WHEREAS, With 15 major installations, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas have an economic impact of roughly $150 billion to the Texas economy per year and 255,000 uniformed and civilian employees which generates a significant amount of sales tax revenue for the State; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi and the Corpus Christi Army Depot have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, the State of Texas and local communities have the opportunity to make Texas the most effective and efficient location for the Department of Defense to train and operate and could create initiatives to make Texas the #1 "military friendly" place for service members and their families to live, work and play; and WHEREAS, many Texas companies have contracts to provide services with local military installations creating jobs and additional tax revenue; and the State of Texas is in the top three states for receiving Department of Defense contracts, with the top awards going to aircraft development; and WHEREAS, the installations in the state are vital to national security and Texas has specialized in mobilizing and deploying troops, over 1 million, in the past 12 years; and to support this mobilization, the installations and depots have dedicated railheads and runways capable of handling large passenger and cargo aircraft, and Texas has road and rail transportation to Texas ports for deployments with dedicated roll on roll off Navy ships berthed at Texas ports along with the necessary infrastructure at the ports for storage and loading of the ships; and WHEREAS, Texas has unencumbered airspace, ground maneuver space, and open water for training of all branches of service with virtually every weapon system as well as some of the most diverse topography for excellent training scenarios, the weather provides for the ability to train year round and deployments from Texas installations are Page 1 of 3 efficient due to airfields, road systems, and rail transportation to ports in the state and, finally, the cost of living at Texas installations are some of the lowest in the country; and WHEREAS, the 84th Texas Legislature appropriated $30 million to the Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects; and WHEREAS, grant applications for the first round of $15 million to be awarded during state Fiscal Year 2016 must be submitted by November 20, 2015; and WHEREAS, the City of Corpus Christi's goal is to submit a DEAAG application that benefits both Naval Air Station Corpus Christi and the Corpus Christi Army Depot. NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager, or designee, is authorized to submit a grant application in the amount of up to five million dollars ($5,000,000) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program for the following projects: (a) Removal of the currently deteriorated asphalt runway apron at Truax Field and replacement with a concrete apron to allow maximum efficiency of pilot training at Naval Air Station Corpus Christi, with an estimated project cost of approximately $1.061 million, and (b) the mechanical and electrical isolation, demolition and removal of various sewerage distribution lines serving several hangars and replacing those line(s) with modern poly/composite material replacements of equivalent size(s) that are not susceptible to damage or deterioration by either corrosive or erosive mechanisms, and replacing the man -hole cover accesses along the existing sewerage lines with elevated accesses to address problems of flooding with an estimated project cost of approximately $3.5 million. Adopted this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Nelda Martinez Page 2 of 3 City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughan Page 3 of 3 PROPOSED UL E S Proposed rules include new rules, amendments to existing rules, and repeals of existing rules. a reasonable opportunity to A state agency shall give at least 30 days' notice of its intention to adopt a rule before it adopts the rule. A state agency shall give all interested persons submit data, views, or arguments, orally or in writing (Government Code, Chapter 2001). Symbols in proposed rule text. Proposed new language is indicated by underlined text. [ indicate existing rule text that is proposed for deletion. "(No change)" indicates that existing rule text at this level will not be amended. TITLE 1. ADMINISTRATION PART 1. OFFICE OF THE GOVERNOR CHAPTER 4. TEXAS MILITARY PREPAREDNESS COMMISSION The Texas Military Preparedness Commission (TMPC or Com- mission) within the Office of the Governor (OOG) proposes amendments to 1 TAC §§4.1 - 4.8 and §§4.30, 4.31, 4.34 - 4.36, and 4.39 - 4.40 relating to the Texas Military Value Revolving Loan Fund and the Defense Economic Adjustment Assistance Grant under Chapter 436 of the Texas Government Code. Explanation of Proposed Amendments The primary purpose of the proposed amendments to the rules is to implement legislative changes that were enacted by the 84th Legislature, Regular Session. The Commission was established in 2003 within the Economic Development and Tourism Office of the Office of the Governor. Effective as of September 1, 2015, Senate Bill 1358 establishes the Commission as an agency that is attached to the Office of the Governor for administrative purposes. In this regard, a num- ber of references in the rules to the Economic Development and Tourism Office are updated to refer to the Commission. Senate Bill 1358 also increases from $2 million to $5 million the amount of money the Commission can award to a local government en- tity through its Defense Economic Adjustment Assistance Grant Program (DEAAG). Senate Bills 318 and 503 amend the eligibility requirements for the Defense Economic Adjustment Assistance Grant Program (DEAAG) program to include eligibility for projects that are "nec- essary to prevent the reduction or closing of a defense facility" and also to permit the use of program grants to train defense workers to support "retained missions" in addition to those mis- sions that may be adversely affected by a base closure or re- alignment. Senate Bill 503 also changes the eligibility require- ments to include communities affected by actions of the 1995 Base Realignment and Closure Commission (BRAC); this has the practical effect of including communities affected by the clo- sure of Bergstrom and Reese Air Force Bases. The proposed amendments include some other minor updates throughout to reflect current Commission operating practices and shared duties with the Texas Economic Development Bank and the Texas Public Finance Authority. A substantive change is proposed for the DEAAG grant application in Rule 4.36 to add two new grant scoring criteria to include consideration of BRAC scoring of the proposed military value of proposed projects. The reporting responsibilities for DEAAG grants in Rule 4.40 are also proposed for modification to eliminate the current reporting requirement for job creation and retention reporting for a two-year period following project completion with a requirement that grantees must provide grant performance reports and project completion reports as required by grant terms. Fiscal Note On behalf of the Texas Military Preparedness Commission, Mr. Bryan Daniel, Director of Economic Development and Tourism, Office of the Governor, has determined that for each of the first five years in which the amendments as proposed are in effect, there will be no fiscal implications for state or local governments as a result of enforcing or administering the amendments. Mr. Daniel has also determined that there may be a positive fiscal impact in an undetermined amount on local economies or overall employment as a result of the proposed amendments. Public Benefit and Cost Mr. Daniel has also determined that for each year of the first five years in which the proposed amendments are in effect, the public benefit anticipated as a result of the amendments will be to pro- vide increased opportunities for defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. There are no anticipated economic costs for persons required to comply with the sections as proposed. There will be no adverse economic effect on small businesses. Submittal of Comments Written comments on the proposed rules amendments may be submitted to Alexandra Taylor, Office of the Governor, Texas Mil- itary Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 or to Alexandra.Taylor@gov.texas.gov with the subject line "TMPC Rules." The deadline for receipt of comments is 5:00 p.m. CST on November 9, 2015. All requests for a public hear- ing on the proposed rules and amendments, submitted under the Administrative Procedure Act, must be received by the Office of the Governor no more than fifteen (15) days after the notice of proposed changes in the sections that have been published in the Texas Register. SUBCHAPTER A. TEXAS MILITARY VALUE REVOLVING LOAN FUND PROGRAM 1 TAC §§4.1 - 4.8 Statutory Authority The amendments are proposed under Government Code, §436.101, which provides the Texas Military Preparedness Commission may enact administrative rules necessary to ad- minister its duties. PROPOSED RULES October 2, 2015 40 TexReg 6799 Cross Reference to Statute Government Code, Chapter 489, as amended by Senate Bill 318, Senate Bill 503 and Senate Bill 1358, 84th Legislature, Reg- ular Session. §4.1. Introduction and Purpose. (a) The [Created by the 7 -8th Legislature and signed into law by Governor Rick Per -i3; the] Texas Military Value Revolving Loan Fund provides a low cost source of revenue to eligible communities who meet the application criteria. The minimum amount of a loan is $1,000,000 while the maximum amount of a loan is determined by the availability of funds and the creditworthiness of the applicant. State funding will be obtained through the sale of general obligation bonds. The State may provide up to 100 percent of the cost of the described project, dependent upon the creditworthiness of the applicant. (b) The Loan is designed to: (1) assist defense communities in enhancing the military value of a defense facility based on the criteria established in the United States Department of Defense's (DoD) base realignment and closure process; (2) provide financial assistance to defense communities for job creation [creating] or retention economic development projects that minimize the negative effects of a defense base realignment or closure decision that occurred in 1995 [2005] or later; or (3) provide financial assistance to defense communities for infrastructure projects to accommodate new or expanded military mis- sions resulting from a base realignment and closure decision that oc- curred in 1995 [200-5] or later. (c) Definitions. The following words and terms, when used in this section, shall have the following meanings unless otherwise indi- cated. (1) Applicant --A Defense Community, as defined in para- graph (5) of this subsection, applying for a loan from the Texas Military Value Revolving Loan Fund. (2) Awardee--The Defense community whose loan appli- cation is approved by the Commission [office]. (3) Bank --The Texas Economic Development Bank within the Office of the Governor, Economic Development and Tourism Of- fice. (4) Commission --The Texas Military Preparedness Com- mission. The Commission is attached for administrative purposes to the Office of the Governor. (5) Defense Community --A political subdivision, includ- ing a municipality, county, or special district, that is adjacent to, near, or encompasses any part of a defense base. (6) Defense Facility --A military base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense, including leased space, that is controlled by, or primarily supports, DoD activities. (7) Director of the Bank --Director of the Texas Economic Development Bank within the Office of the Governor. (8) Director of the Commission --Director of the Texas Mil- itary Preparedness Commission. (9) Economic Redevelopment Value Statement --A state- ment that illustrates specific ways funds are to be used to promote economic development in the community to include that information as provided for in §397.0021 of the Local Government Code. (10) Chief of Staff --The Chief of Staff of the Office of the Governor [Executive Director The Executive Director of the Economic Development and Tourism Division of the Office of the Governor (EDT)]. (11) Financial Partners --Federal and state agencies, private and public nonprofit foundations, local taxing authorities, and private investors who agree to provide money for projects eligible for funding under this program. (12) Fund --The Texas Military Value Revolving Loan Fund (TMVRLF). (13) Governing Board --Members of the Texas Military Preparedness Commission. (14) Military Value Enhancement Statement --A statement that illustrates specific ways funds are to be used to enhance the military value of the installation to include that information as provided for in §397.002 of the Local Government Code. (15) Project --The construction, renovation, or acquisition for which a TMVRLF loan is requested. (16) Project Costs --The Defense Community's total costs for completing the project, including any and all costs of financing and administration assessed by the Bank in accordance with §489.103 of the Texas Government Code [EDT]. §4. 2. Military Value/Redevelopment Value Review and Pre Applica- tion Assessment for Funds. (a) The Defense Community shall submit the following infor- mation to the Director of the Commission: (1) defense communities applying for a loan under §436.153 of the Local Government Code shall submit a Military Value Enhancement Statement; or (2) defense communities applying for a loan under §436.1531 or §436.1532 of the Local Government Code shall submit a Defense Community Economic Redevelopment Value Statement. (3) A pre -application assessment. (b) The [Directorofthe] Commission shall review the Military Value or Redevelopment Value Statement and perform: (1) an analysis of the project feasibility; and (2) an analysis of alternative funding for each project listed. (3) The Commission, in consultation with the Bank, shall review the applicant's pre -application assessment. (c) The Bank shall review the applicant's pre -application as- sessment. (d) The Governing Board shall take into consideration the Mil- itary Value or Redevelopment Value and by a majority vote make its recommendation to approve or disapprove the Military Value or Rede- velopment Value Statement §4.3. Processing and Review of Applications. (a) The Commission, in consultation with the Bank, shall con- duct its review of the applicant's creditworthiness based on standard due diligence practices and procedures that are consistent with other Bank lending programs including but not limited to: (1) review of project description to assess program criteria requirements; (2) quick assessment project considerations; 40 TexReg 6800 October 2, 2015 Texas Register search; (3) management assessment and current company news (4) economic/financial analysis; revenue analysis; credit rating review; and financial analysis summary -strengths, weaknesses, ex - (5) (6) (7) ceptions. (b) In addition, the Commission, in consultation with the Texas Public Finance Authority [Bank], shall also be responsible for developing the loan and security structure including: (1) the loan term sheet; (2) the loan agreement; and (3) the bond sale activities. §4.4. Application for Funds. (a) The Commission, in consultation with the Bank, [EDT] shall develop a formal application form to be included in the formal application process to assist in the evaluation of a loan submission. The application may require certain attachments and certifications. (b) At a minimum the application for funds will include: (1) the full legal name and description of requesting loan Applicant and each participating political subdivision under which debt is being issued; (2) a description of the governing body and contact infor- mation for person authorized to represent the political subdivision. In- clude name, title, address, phone, fax number, and e-mail address; (3) the name, address, phone, fax number, e-mail address, and contact person for legal counsel, financial advisor, contract admin- istrator, project engineer, and any other consultant representing the ap- plicant; (4) the prior three years audited financial statements, as ap- plicable, and projected financial statements, including loan repayment. The financial documents must include the applicant's income state- ment, balance sheet and cash flow statement; (5) documentation of attempts to obtain alternative financ- ing, if applicable; (6) a statement that financing is necessary because full fi- nancing is unavailable in traditional capital markets or credit has been offered on terms that would preclude the success of the project; (7) a financial plan that shows how loan proceeds will gen- erate income to repay the loan; (8) the number of jobs to be created and/or retained in the state; and (9) the project budget, including the most current itemized project cost estimates (include all costs, specifically construction, en- gineering services, legal, and fiscal costs, and funding sources and per- centage contribution in a Sources and Uses Statement format). Identify source of these estimates, (i.e., engineer, finance director, financial ad- visor)[, etc]. (c) Applicant shall also include one (1) certified original of: (1) a resolution/ordinance requesting financial assistance from the Commission [EDT] authorizing the submission of the appli- cation and designating the official representative(s) for submitting the application, executing any necessary documents and appearing before the Commission; (2) an affidavit executed by the official representative stat- ing that the facts contained in the application are true and correct to the best of their knowledge and belief; (3) an affidavit executed by the official representative stat- ing that the application was approved by the governing body of the applicant in an open meeting; (4) a certificate of compliance executed by an official repre- sentative which warrants compliance by the participating political sub- division with all representations in the application, all federal (where applicable), state, and local laws, and all rules/published policies of the Commission and EDT; and (5) a statement of pending claims or litigation against the applicant that might affect the ability of the applicant to issue debt or that could affect the Commission's [EDT's] ability to recover its invest- ment. (d) Application and closing fee. Applicants [EDT] shall pay a [charge an application] fee provided as prescribed by the Bank for all applications, made payable to the Office of the Governor. In addition, successful applicants may be required to pay, upon financing by the Bank, a closing fee. §4.5. Availability of Funds. (a) Funds Commitment. If the project is approved by the Commission [office], funds become committed to the awardee subject to the sale of the general obligation bonds by the state. (b) Letter of Commitment. The applicant will be required to submit a letter of commitment after the final approval of the project by the Commission [executive director]. (c) Upon sale of state -issued bonds, funds are disbursed to the awardee by the Comptroller of Public Accounts. §4.6. Awardee Responsibilities. In order to receive disbursement of loan funds that have been commit- ted to them, awardees will be required by contract with the Commission [EDT] to: (1) have a system established in writing to ensure that ap- propriate officials provide necessary internal reviews and approvals for the expenditure of funds and for monitoring project performance and adherence to state terms and conditions; (2) have financial management systems that meet the re- quirements of the Commission [EDT]; (3) retain financial management records, supporting doc- uments, statistical records, and other materials pertinent to the award until the debt is retired and make these records available to the Com- mission [EDT] upon request; (4) be responsible for performing the duties and tasks de- scribed under all project loan agreements; (5) provide the Commission [EDT] with copies of all project documentation required by federal or other financial partners; (6) provide project demonstrations, site inspections, photo or other documentation, including written materials to substantiate ben- efit to the community's economy and enhancement of the military value of the facility as may be requested by the Commission [EDT]; (7) agree that the loan may be suspended or terminated if the awardee fails to comply with the [EDT] terms and conditions of the loan, or if the financial partnership is suspended or terminated; (8) agree that when two or more entities are participating together as an awardee, if one or more of the entities does not fulfill its PROPOSED RULES October 2, 2015 40 TexReg 6801 loan repayment obligation, then the remaining entity or entities are still liable for repayment of the entire loan amount; (9) agree that neither the Commission nor the Office of the Governor [EDT] shall [not] be held liable in the event of damages to persons or property which may occur in the course of activities con- ducted as a result of the award or its cancellation or withdrawal; and (10) agree to such other terms and conditions as the Com- mission [EDT] may require. §4.7. Office and Commission Responsibilities. (a) In carrying out its duties and responsibilities under the Act, the Commission shall: (1) publicize the program to potential applicants; (2) work closely with loan applicants to ensure the appli- cation is complete and all relevant material is provided; (3) establish and conduct the evaluation process in a re- sponsive manner to maximize the opportunity to acquire federal and other funding; (4) develop contracts with awardees that include sufficient performance measures, audit requirements, and reporting requirements to ensure prudence and due diligence in the expenditure of state funds; and (5) minimize reporting requirements that may be repetitive of reporting required by federal grant agencies or unnecessary for the effective monitoring of the program. (b) Waiver. The Commission, in consultation with the Chief of Staff or his designee, [executive director] may waive any provision of this chapter upon a finding that the public interest would be furthered by granting the waiver. §4.8. Reporting Responsibilities. (a) After completion of the project, the awardee will provide milestones and updates as required by the contract. (b) Throughout the project period, the awardee must provide copies of all reports required by federal agencies pursuant to the terms of individual federal grants received, within 30 days of their submission to the granting agencies. (c) Failure to submit reports in a timely and satisfactory man- ner may result in the withholding of funds due or requested by the awardee. Failure to document post -completion requirements may re- sult in the return of funds to Commission [EDT] as set forth in the contract. The agency certifies that legal counsel has reviewed the pro- posal and found it to be within the state agency's legal authority to adopt. Filed with the Office of the Secretary of State on September 18, 2015. TRD-201503887 Shane Linkous Assistant General Counsel Office of the Governor Earliest possible date of adoption: November 1, 2015 For further information, please call: (512) 475-1475 SUBCHAPTER B. DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT PROGRAM 1 TAC §§4.30, 4.31, 4.34 - 4.36, 4.39, 4.40 Statutory Authority The amendments are proposed under Government Code, §436.101, which provides the Texas Military Preparedness Commission may enact administrative rules necessary to ad- minister its duties. Cross Reference to Statute Government Code, Chapter 489, as amended by Senate Bill 318, Senate Bill 503 and Senate Bill 1358, 84th Legislature, Reg- ular Session. §4.30. Introduction and Purpose. (a) Background. The Texas Defense Economic Adjustment Assistance Grant Program (DEAAG) provides [was aut��her_�zrize4 by the 7 -5th Legislature to provide] state funds to assist defense communities that have been or may be adversely or positively impacted by an an- ticipated, planned, announced, or implemented action of the United States Department of Defense to close, reduce, increase, or otherwise realign defense worker jobs or facilities. [decreased defense expendi- tures and defense worker employment. Subsequently, the 7 -9th Legis- lature amended the program to include defense communities that have been positively impacted and the est Legislature amended the pro- gram to include job retention.] (b) The goal of the program is to increase and/or retain em- ployment opportunities for dislocated defense workers and residents of adversely affected defense communities and reuse vacated property as efficiently as possible. The goal is to also assist positively affected defense communities that receive new, [or] expanded, or retained mil- itary missions as a result of the United States Department of Defense Base Realignment and Closure process. (c) A local government entity is eligible for a grant if it is: (1) a municipality or county that is a defense community; (2) a regional planning commission that has a defense com- munity within its boundaries; (3) a public junior college district all or part of which is located in a defense community; (4) a campus or extension center of the Texas State Tech- nical College system located in a defense community; (5) a defense based development authority created under Chapter 379B, Local Government Code; or (6) a political subdivision having the power of a defense development authority created under Chapter 379B, Local Government Code. (d) Grant Criteria: (1) To meet a matching money or investment requirement in order to receive from the United States Government assistance that is provided to allow the government entity to respond to or recover from an event listed in §486.003 of the Government Code; (2) Acquiring federal grant assistance or for sharing in the costs of purchases of property from the Department of Defense or its designated agent, new construction, rehabilitation, renovation or de- molition of facilities; 40 TexReg 6802 October 2, 2015 Texas Register (3) Construct infrastructure and other projects necessary to accommodate a new, expanded or retained [or expanded] military mis- sion(s) at a military facility located in or near the local government entity; (4) Construct infrastructure and other projects necessary to reduce the impact of an action of the Department of Defense that will adversely impact a defense facility located in or near the local govern- mental entity; (5) [(4)] If the grantee is a public junior college or a techni- cal college, grant proceeds may be used to purchase or lease equipment to train defense workers whose jobs have been threatened, lost, gained or retained; or to train workers to support military installations or de- fense facilities. (e) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings unless indicated otherwise. (1) Awardee--The local governmental entity whose appli- cation is approved by the governing board. (2) Defense worker -- (A) An employee of the United States Department of Defense, including a member of the armed forces and government civilian workers; (B) An employee of a government agency or private business, or entity providing a Department of Defense related func- tion, who is employed on a defense facility; (C) An employee of a business that provides direct ser- vices or products to the Department of Defense and whose job is di- rectly dependent on defense expenditures; or (D) An employee or private contractor employed by the United States Department of Energy working on a defense or Depart- ment of Energy facility in support of a Department of Defense related project. (3) Defense worker job --A Department of Defense autho- rized permanent position or a position held or occupied by one or more defense workers for more than 12 months. (4) Defense Installation [Facility] --A military base, camp, post, station, yard, center, homeport facility for any ship, or other ac- tivity under the jurisdiction of the Department of Defense, including leased space, that is controlled by, or primarily supports, DoD's activi- ties. (5) Defense community --A political subdivision, including a municipality, county, or special district, that is adjacent to, is near, or encompasses any part of a defense base. (6) New direct permanent job --A new employment posi- tion created by a qualified business that provides at least 1,820 hours of employment a year after the completion of the project and whose po- sition is within the governmental entity's defense community and can be verified. A new direct permanent job can also include subcontrac- tors to a qualified business so long as those jobs relate directly to the work being performed as defined in the DEAAG application and who perform no less than 50 percent of the person's service for the quali- fied business in the government entity's defense community and can be verified. (7) Retained jobs --A defense worker employed within the government entity's defense community before a Department of De- fense action and is retained as a qualified employee by a qualified em- ployer after the date on which the project is completed, employed at 1,820 hours annually and is located within the government entity's de- fense community and can be verified. (8) Office --The [Texas Economic Development and Tourism Division,] Office of the Governor. (9) Commission --Texas Military Preparedness Commis- sion. The Commission is attached to the Office of the Governor for administrative purposes. (10) Director --The Director of the Texas Military Pre- paredness Commission or his designee. (11) Financial partners --Federal and state agencies, private and public non-profit foundations, local taxing authorities, and private investors who agree to provide money for a project eligible for funding under this grant. (12) Fiscal year --The State of Texas fiscal year, September 1st through August 31st. (13) Application Deadline --Not later than 5:00 PM Central Time on the closing date indicated in the grant solicitation. (14) Governing Board --The Commissioners of the Texas Military Preparedness Commission. (15) Review Panel --The Defense Economic Adjustment Assistance Review Panel, a group of at least three and not more than five professional full-time employees from within the Office of the Governor, who evaluate grant applications and make grant award recommendations to the governing board. (16) Qualified Business --A business that is engaged in or has provided substantial commitment to initiate the active conduct of a trade or business within the government entity's defense community. §4.31. Program Coverage. State funds provided under the Defense Economic Adjustment Assis- tance Grant Program must be expended not later than the end of the state fiscal biennium [second full fiscal year after the fiscal year] in which the grant was awarded. §4.34. Maximum and Minimum Awards. (a) Amount. The minimum amount of award will be $50,000. The maximum amount of award will be $5 [$2] million. (b) Percentage. The governing board may provide up to: (1) 50 percent of the amount of matching money or invest- ment that the local governmental entity is required to provide for ac- quiring federal grants; or (2) 50 percent of the local governmental entity's investment for qualifying redevelopment projects; or (3) 80 percent of the amount of matching money or invest- ment required in cases where the local governmental entity demon- strates to the Commission that resources are not available because of a limited local governmental entity budget; or (4) 100 percent to a public junior college, a campus or ex- tension center as defined in §486.003(a)(3) or (4) of the Government Code. (5) The Commission may make a grant to an eligible local governmental entity without regard to the availability or acquisition of matching money in accordance with §436.202(d) of the Government Code. (c) Certification. PROPOSED RULES October 2, 2015 40 TexReg 6803 (1) Local governmental entities are encouraged to acquire financial assistance for eligible development projects from a variety of sources including federal, state, local and private/public foundations. The Chief Financial Officer of the local governmental entity or the local governing body submitting the application will provide adequate certi- fication showing reasonable local community efforts to acquire funding from other sources when the state is the only other financial partner. (2) In submitting an application under subsection (b)(3) of this section, the Chief Financial Officer or the local governing body will certify that local community budget and resources are not adequate or available and shall provide specific information on local efforts to secure adequate funding. Justification should include an overview of the status of development sales tax efforts and bond authority. (d) Community Support. (1) Applicants shall provide a minimum matching money investment of 50 percent of the amount of DEAAG funding being re- quested. (2) The Commission may waive the 50 percent require- ment to a 20 percent matching money investment of the amount of DEAAG funding being requested where the local governmental entity demonstrates to the Commission that resources are not available be- cause of a limited local governmental entity budget. (3) When submitting an application under paragraph (2) of this subsection, the Chief Financial Officer or the local governing body making application will certify that local community budget and re- sources are not adequate or available and provide specific information on local efforts to secure adequate funding. Justification should include an overview of the status of development sales tax efforts and bond au- thority. §4.35. Application for Funds. (a) The Commission shall develop a formal application form to be included in the formal application process to assist in the eval- uation of the grant submission. The application may require certain attachments and certifications. (b) At a minimum the application for funds will include: (1) A detailed overview of the project and the use of the funds; (2) An overview of the event(s) that qualify the local gov- ernment, under the eligibility criteria described in §4.32 of this title (relating to Eligibility for Funds), to apply for the grant program; (3) An impact statement detailing the adverse, [or] posi- tive, or proposed effect caused by the event(s) described in §4.32(a) of this title on the local governmental entity; (4) Information on the community's efforts to secure other funding sources; (5) A detailed financial plan for the project; (6) A summary of the extent to which the local governmen- tal entity has used its existing resources to promote local economic de- velopment and to promote private investment to create or retain jobs in the area; (7) Efforts made by the government entity to retain or re- cruit qualified businesses; (8) The amount of any previously awarded funds under this program and the number of jobs created from this award; and (9) The anticipated number of new direct permanent jobs to be created or retained and the economic benefit to the community if the application is successful and the project is funded. §4.36. Processing and Review of Application. (a) The local governing body will submit applications for the program to the [Director of the] Texas Military Preparedness Commis- sion. (b) Applications or additional information received after the application deadline will not be considered. (c) The Texas Military Preparedness Commission will: (1) Publicize the program to potential applicants and pro- vide grant solicitation information; and (2) Evaluate each application for completeness. (d) The Commission may assist a local government entity in applying for a grant. (e) The Director will: (1) Appoint a review panel consisting of himself and two to four full-time employees from the Office of the Governor evaluate applications; and (2) Appoint a review panel chairman. (f) The Review Panel will: (1) Review applications, score, and make recommenda- tions to the governing board; (2) Provide evaluations and recommendations for grant awards for all grant applications received based on but not limited to the following criteria: (A) If the effect on the local governmental entity is ad- verse or positive; (B) If the effect on the local governmental entity is pos- itive and if that affect was a result of the United States DoD base re- alignment and closure process; (C) The significance of the number of jobs lost, gained or retained in relation to the workforce in the local governmental en- tity's jurisdiction and the effect on the area's current and/or projected economy and tax revenue; (D) The extent to which dislocated defense workers will be retrained and/or retained as qualified employees within the defense community; (E) The extent to which the local governmental entity has used its existing resources to promote local economic development; (F) The amount of any grant(s) that the local govern- mental entity has previously received under this subchapter; (G) The anticipated number of jobs to be created or re- tained in relation to the amount of the grant sought; (H) The extent to which the grant will affect the region in which the local governmental entity is located; and (I) If the project will have a negative effect on the en- croachment of a defense base within the governmental entity's defense community. (J) The added military value of the project in accor- dance with the guidelines established by the Department of Defense. (K) The installation's most recent BRAC score, with preference given to those scoring below the national average. 40 TexReg 6804 October 2, 2015 Texas Register (g) The Governing Board will: (1) Review and score applications using the same criteria as the Review Panel; (2) Ensure that one defense community is not favored over another in approving or disproving funding; (3) Review and take into consideration those recommenda- tions of the Review Panel and the governing board's own score; (4) Review and approve or disapprove the award of the grant by a roll call majority vote; and (5) Provide a statement of explanation for each application approved or disapproved that is not in agreement with the Review Panel recommendations. §4.39. Commission and Office Responsibilities. (a) In carrying out its duties and responsibilities under the Act, the Commission shall: (1) Solicit grant applications and publicize application deadlines; (2) Establish and conduct the evaluation and award process in a responsive manner to maximize the opportunity to acquire federal and other funding; (3) Develop contracts with awardees that include sufficient performance measures, audit requirements, and reporting requirements to ensure prudence and due diligence in the expenditure of state funds; and (4) Minimize reporting requirements that may be repetitive of reporting required by federal grant agencies or unnecessary for the effective monitoring of the program. (b) Waivers. The Commission, in consultation with the Chief of Staff or his designee [executive director] may waive any provision of this subchapter upon a finding that the public interest would be fur- thered by granting the waiver. §4.40 Reporting Responsibilities. (a) Disbursement of funds will be made in accordance with the terms of the contract. (b) After completion of the project, the awardee will provide the following milestones and updates as required by the contract. (c) Throughout the project period, the awardee must provide copies of all reports required by federal agencies pursuant to the terms of individual federal grants received, within 30 days of their submission to the granting agencies. (d) The awardee must provide all reports to the Commission as required by the terms of the grant contract, including, but not lim- ited to, reports on any performance measures, milestone reports, and project completion reports. [As a perfer-man^n e measure to demes ensu-^*^^te economic benefit to the State of Texas, for two years upon completion of the project the g^vefnmente tt l entity shall submit quarterly reports lndieating the number of qualified jabs created or retained and the av- erage annual salary far each position.] (e) Failure to submit reports in a timely and satisfactory man- ner may result in the withholding of funds due or requested by the awardee. Failure to document post -completion requirements may re- sult in the return of funds to the Commission as set forth in the contract. The agency certifies that legal counsel has reviewed the pro- posal and found it to be within the state agency's legal authority to adopt. Filed with the Office of the Secretary of State on September 18, 2015. TRD-201503888 Shane Linkous Assistant General Counsel Office of the Governor Earliest possible date of adoption: November 1, 2015 For further information, please call: (512) 475-1475 • • • TITLE 7. BANKING AND SECURITIES PART 7. STATE SECURITIES BOARD CHAPTER 113. REGISTRATION OF SECURITIES 7 TAC §113.1 The Texas State Securities Board proposes an amendment to §113.1, concerning qualification of securities. The amendment adds a reference to §114.4, relating to filings and fees for fed- eral covered securities, to the section that discusses state reg- istration of Regulation A offerings. Section 114.4(a) operates to require a notice filing, payment of the fee that would have been paid if the securities had been registered, and, if applicable, a consent to service for federal covered securities that are offered and sold pursuant to Tier 2 of Regulation A. Earlier this year, the Securities and Exchange Commission (SEC) adopted final rules that updated and expanded Regula- tion A, an existing federal exemption from registration for smaller issuers of securities. These rules provide for two tiers of offer- ings: Tier 1, for offerings of securities of up to $20 million in a 12 -month period; and Tier 2, for offerings of securities up to $50 million in a 12 -month period. The SEC rules operate to preempt state securities law registration and qualification requirements for securities offered or sold to "qualified purchasers" in Tier 2 offerings. The SEC defined "qualified purchasers" as all offerees and purchasers in a Regulation A, Tier 2 offering. Accordingly, securities offered and sold in a Regulation A, Tier 2 offering would be federal covered securities, as that term is defined elsewhere in the Board's rules, and would be subject to the filing and fee requirements in Chapter 114 of the Board's rules. Patricia Loutherback, Director, Registration Division, has deter- mined that for the first five-year period the rule is in effect there will be no foreseeable fiscal implications for state or local gov- ernment as a result of enforcing or administering the rule. Ms. Loutherback also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing the rule will be to apprise readers that some Regulation A offerings may involve federal covered securities, rather than registered securities in Texas, and direct the reader to the provisions that relate to filings and fees for federal covered securities. There will be no effect on micro- or small businesses. Since the rule will have no adverse economic effect on micro- or small businesses, preparation of an economic impact statement and a regulatory flexibility analysis is not required. There is no anticipated economic cost to persons who are required to comply with the rule as proposed. There is no anticipated impact on local employment. PROPOSED RULES October 2, 2015 40 TexReg 6805 Defense Economic Adjustment Assistance Grant Application Council Presentation November 10, 2015 DEAAG Purpose & Funding Administered by Texas Military Preparedness Commission within Office of the Governor. The purpose of the program is to provide state funding for any of the followings: Acquiring federal grant assistance; For cost sharing of redevelopment of communities adversely or positively affected by the Base Realignment and Closure Act or Department of Defense reduction or loss of funding; or In the case of infrastructure, adds military value to the military installation. $15M First Round $15M Second Round Deadline Friday, November 20, 2015 Decision expected December 2015 Anticipated Spring 2016 DEAAG Project Proposal TRUAX FIELD ASPHALT APRON REPLACEMENT Remove approximately 1,333 square yards of deteriorated asphalt pavement (approximately 50% of the apron) and install concrete pavement on the primary parking apron for T-6 aircraft located near Hangar 55. Approximately $1.06 million DEAAG Project Proposal SANITARY SEWER LINE & MANHOLE ACCESS REPLACEMENT Demo and remove various sewer distribution lines serving several hangars. Replace lines with modern poly/composite material which are not susceptible to damage or deterioration. Replace and elevate man -hole cover accesses along the lines to address flooding. Approximately $3.5 million AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 10, 2015 Second Reading for the City Council Meeting of November 17, 2015 DATE: October 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property located at 9001 Leopard Street CAPTION: Case No. 0915-07 City of Corpus Christi: A change of zoning from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District. The property is described as a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. PURPOSE: The purpose of this item is to rezone the property to allow heavy industrial uses associated with beef processing. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the change of zoning from the "FR" Farm Rural District to the "IH" Heavy Industrial District. BACKGROUND AND FINDINGS: As detailed in the attached report, the City initiated this rezoning request after the property was annexed on June 9, 2015. The Unified Development Code requires that annexed property be zoned with an interim zoning district of "FR" Farm Rural District. The purpose of the requested zoning is to allow the existing beef processing facility to remain as a conforming land use and allow for any future expansions. If the annexed property was left with the "FR" Farm Rural District, the existing beef processing plant would be considered a non -conforming use since the "FR" Farm Rural District prohibits meat processing. The proposed designation of "IH" Heavy Industrial District is generally consistent with the Comprehensive Plan as the Plan designates the area for light and heavy industrial uses. While there is one farm house located to the east of the property, the general character of the area is either vacant land or industrial uses, therefore, staff believes the rezoning would not have a negative impact upon the neighborhood. ALTERNATIVES: Deny the rezoning to the "IH" Heavy Industrial. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for heavy and light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map where Heavy Industrial uses are planned and the change to the Future Land Use Map from light industrial to heavy industrial on a portion of the property is reasonable in this case. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), by changing the UDC Zoning Map in reference to a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of the City of Corpus Christi, on property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors) ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the "IH" Heavy Industrial District, and on Tuesday, November 10, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by the City of Corpus Christi, on property owned by SKB Acquisition Company, LLC (formerly Sam Kane Beef Processors), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, and located on the southwest corner of Leopard Street and North Clarkwood Road (the "Property"), from the "FR" Farm Rural District to the "IH" Heavy Industrial District, (Zoning Map No. 058047), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan Future Land Use Map is amended to designate the entire subject property with heavy industrial land use. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 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: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-07 SKB Acquisition Company, LLC Page 3 of 3 Exhibit A Field Notes for a 70.25 acre tract of land, more or Tess, situated in Survey No. 416, Abstract No. 838 and Survey No. 500, Abstract No. 582, being out of Share No 3 and Share No. 4, of the George Frank Partition, as recorded in Volume 142, Page 579 of the Deed Records of Nueces County, Texas, and being comprised of a 16.3639 acre tract of land, described in a deed from Sam Kane and wife, Aranka Kane to Sam Kane Wholesale Meats, Inc., recorded in Volume 1450, Page 237 of the said Deed Records, a 16.526 acre tract of land, recorded in Volume 1589, Page 197 of the said Deed Records, and all of Tract A, of Sam Kane Tract A, as recorded in Volume 28. Page 38 of the Plat Records of Nueces County, Texas, said 70.25 acre tract being more fully described by metes and bounds as follows: BEGINNING al a 5/8 inch iron rod found, on the South R -0-W line of Leopard Street, a public roadway, the Northeast comer of a 0.23 acre tract, called Tract 5, on the plat of Tract 5 and 6 Hutchins Tracts, as recorded in Volume 32, Page 98 of the said Plat Records, the West Line of the said Share 3, for the Northwest comer of the said 16.526 acre tract and this tract; THENCE, South 65°55'52" East, with the said South R -O -W, being the North line of the said 16.526 acre tract, at 462.86 feet, pass the Northwest comer of the said 16.3639 acre tract, being the Northeast comer of the said 16.526 acre tract, continuing with the said R -O -W line and the North line of the said 16.3639 acre tract, at 983.91 feet pass the Northwest corner of the said Tract A the Northeast corner of the said 16.3639 acre tract, continuing with the said R -0-W line, being the North line of the said Tract A, in all 2659.98 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, for the Northeast comer of the said Tract A and this tract; THENCE, South 33°20'13" East, 98.52 feet, to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, on the West R -0-W line of Clarkwood Road, a public roadway, for a corner of the said Tract A and this tract; THENCE. South 00°43'08" East, with the said West R -0-W, 613.32 feet to a 5/8 inch iron rod with red plastic cap stamped "Urban Engr. C.C. TX" set, being the Northeast corner of a 1.00 acre tract. described in a deed from M.B. Mason to W.S. Hutchins. as recorded in Volume 180, Page 147 of the said Deed Records, for the Southeast comer of the said Tract A and this tract; THENCE, South 89°17'22" West, with the common line of the said 1.00 acre tract and the said Tract A, at 1572.86 feet, pass a 1 inch iron pipe found, being the Southeast corner of the said 16.3639 acre tract, the Southwest corner of Tract A, continuing with the common line of the said 1.00 acre tract and the said 16.3639 acre tract, at 2045.42 feet, pass a 1 inch iron pipe found, being the Southeast corner of the said 16.526 acre tract, the Southwest comer of the said 16.3639 acre tract, continuing with the common line of the said 1.00 acre tract and the said 16.526 acre tract, in all 2465.49 feet, to a 1 inch iron pipe found, in the East line of a tract, described in a deed from Mary Hutchins Exhibit "A" Triestman to the Mary Hutchins Triestman Limited Partnership, as recorded in Document No. 2001007773 of the Official Public Records of Nueces County, Texas, being the Northwest comer of the said 1.00 acre tract, for Southwest comer of the said 16.526 acre tract and this tract; THENCE, North 00°47'54" West, with the West line of the said 16.526 acre tract, 1811.17 feet to the Point of Beginning and containing 70.25 acres of land, more or Tess (3060127 square feet). Bearings are based on OPS, Grid North, NAD 83, State Plane Coordinates, Texas South Zone 4205. Exhibit B Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No. 0915-07 HTE No. 15-10000055 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant: City of Corpus Christi Owner: SKB Acquisition, LLC and generally known as Sam Kane Beef Processors Legal Description/Location: A 70.25 acre tract of land, described in Nueces County Deed Records by Warranty Deed Document # 2013016625, owned by SKB Acquisition Company LLC (formerly Sam Kane Beef Processors) and located on the southwest corner of Leopard Street and North Clarkwood Road. Zoning Request From: Interim "FR" Farm Rural District after annexation To: "IH" Heavy Industrial District Area: 70.25 acres Purpose of Request: To allow heavy industrial uses associated with beef processing. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site Interim "FR" Farm Rural Heavy Industrial Heavy & Light Industrial North "IL" Light Industrial, "CG -2" General Commercial, "RS -6" Single -Family Vacant and Light Industrial Low Density Residential South "IH" Heavy Industrial Vacant and Heavy Industrial Heavy Industrial East "IH" Heavy Industrial Estate Residential and Vacant Heavy Industrial West "FR" Farm Rural Vacant Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for heavy and light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map where Heavy Industrial uses are planned. Zoning Map No.: 058047 Planning Commission Final Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 2,768 feet of street frontage along Leopard Street, a designated arterial street, and 711 feet of street frontage along North Clarkwood Road, also designated as an arterial street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2012) Leopard Street A-2 Arterial N/A 150' ROW 70' paved g 058 ADT Clarkwood Road A-3 Arterial N/A 60' ROW 20' paved 1 210 ADT Staff Summary: Requested Zoning: The City initiated this rezoning request as the property was annexed on June 9, 2015. The Unified Development Code requires that annexed property be zoned with an interim zoning district of "FR" Farm Rural District. The purpose of the requested zoning is to allow for potential expansion of the existing beef processing facility. If the annexed property was left with the "FR" Farm Rural District, the existing beef processing plant would be considered a non -conforming use and expansions would not be allowed. The property was originally annexed in 1962 and zoned for heavy industrial uses. In 2008, the City agreed to disannex the property so that Sam Kane Beef Processors could apply for a loan guarantee from the US Department of Agriculture's Rural Food Processor's Program. Subsequently, Sam Kane Beef Processors was not awarded a loan guarantee from the USDA. In addition, since disannexation of the property Sam Kane Beef Processors was sold to SKB Acquisition LLC. In May of this year, SKB Acquisition LLC requested that the City re -annex their property. Development Plan: There is no new pending development proposal for the site which appears to be almost fully developed. Existing Land Uses & Zoning: The current use of the property is heavy industrial. The property is generally surrounded by vacant land with one existing residential dwelling located to the east of the property. Surrounding zoning is a combination of "IH" Heavy Industrial, "IL" Light Industrial, "RS -6" Single -Family Residential and "FR" Farm Rural Districts. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Planning Commission Final Report Page 3 Comprehensive Plan & Area Development Plan Consistency: The proposed designation of "IH" Heavy Industrial District is consistent with the Future Land Use Map where heavy industrial uses are indicated and consistent with the Port/Airport/Violet Area Development Plan. Department Comments: The subject property has been operated at its current location since 1951. The facility is one of the largest beef processing facilities in the state and currently employs approximately 700 people. 1. The proposed designation of "IH" Heavy Industrial District is consistent with the Port/Airport/Violet Area Development Plan and the adopted Future Land Use Map where it designates the property for heavy industrial uses. 2. A change from the interim "FR" Farm Rural District after annexation will allow the expansion of the facility should the owner wish to expand the current beef processing facility (defined in the Unified Development Code a "slaughter house use"). 3. The property owner is in favor of the change of zoning to "IH" Heavy Industrial District. 4. The subject property is suited for uses allowed by the proposed "IH" Heavy Industrial District. 5. While there is one farm house located to the east of the property, the general character of the area is either vacant land or industrial uses. 6. The rezoning would not have a negative impact upon the neighborhood. Planning Commission and Staff Recommendation: Approval of rezoning to the "IH" Heavy Industrial District. Public Notification Number of Notices Mailed — 17 within 200 -foot notification area 3 outside notification area As of October 19, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Notices Received (if any) 0 400 800 Feet IH Date Created: 9/812015 Prepared By: JeremyM Dep -tmen1 of Development Services CASE: 0915-07 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CO -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Com me rcla i General Com me rcia I Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 16 RS -6 Single -Family S RS -4,5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Horne nSubject Property 0 Owners with 200' buffer in favor / Owners within 200' fisted on v Owners -- attached ownership table in opposdiori F SUBJECT PROPERTY LOCATION MAP I a 3 wr rw�.►r4► City of Corpus Christi Aerial Overview Vicinity Map Aerial SUBJECT PRbPERTY AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 10, 2015 Second Reading for the City Council Meeting of November 17, 2015 DATE: October 19, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for seven newly annexed properties in Industrial District No. 1 CAPTION: Case No. 0915-08 City of Corpus Christi: A change of zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District. The properties to be rezoned are described as Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street. PURPOSE: The purpose of this item is rezone the property to allow heavy industrial uses in Industrial District No. 1. RECOMMENDATION: Planning Commission and Staff Recommendation (September 23, 2015): Approval of the re -zoning from the Interim "FR" Farm Rural District after annexation to the "IH" Heavy Industrial District on Tracts 1-7. BACKGROUND AND FINDINGS: Industrial District No. 1 is specifically designed to promote industrial uses by allowing a fee to be paid to the City in lieu of taxation with the City's guarantee not to annex the properties if the property owner enters into an Industrial District Agreement. Each of the property owners have been invited but have declined the City's offer to enter into an Industrial District Agreement. Therefore, the City is exercising its annexation powers, and subsequently rezoning the property consistent with the Future Land Use Map. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Port/Airport/Violet Area Development Plan and is planned for heavy and light industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map where Heavy Industrial uses are planned. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Presentation - Aerial Map Ordinance Planning Commission Final Report Ordinance amending the Unified Development Code ("UDC"), upon application by the City of Corpus Christi for seven tracts of land described and owned as follows: Tract 1:. ABTEX Brinkerhoff Oil Co. (1.09 acres); Tracts 2 and 3: Coastal State Petroleum Co. (0.96 and 0.58 acres); Tracts 4 and 5: Coastal Liquids Partners LP (0.10 and 0.92 acres); Tract 6: Exxon Pipeline Co. (0.18 acres); and Tract 7: Koch Gathering Sys Inc. (0.25 acres), by changing the UDC Zoning Map in reference to the seven tracts encompassing 4.08 acres of land, more specifically described by City Council Ordinance 030640, from the interim "FR" Farm Rural District after annexation to the permanent zoning district of "IH" Heavy Industrial District; amending the Comprehensive Plan to account for any deviations; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of the City of Corpus Christi, on property owned by ABTEX Brinkerhoff Oil Company, Coastal States Petroleum, Coastal Liquids Partners, LP, Exxon Pipeline Company, and Koch Gathering Sys, Inc. ("Owners"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 23, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested "IH" Heavy Industrial District, and on Tuesday, November 10, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by the City of Corpus Christi, on property owned by ABTEX Brinkerhoff Oil Company, Coastal States Petroleum, Coastal Liquids Partners, LP, Exxon Pipeline Company, and Koch Gathering Sys, Inc., the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the UDC Zoning Map in reference to Tract 1: Being a 1.095 -acre tract of land, more or less, being out of a 34.54 acre tract out of Survey 421, Abstract No. 572 in Nueces County, Texas, such 34.54 acre tract recorded at Volume 1482, Page 1029, Deed Records of Nueces County, Texas owned by ABTEX Brinkerhoff Oil Company and said landlocked tract generally located between IH -37 and Hearns Ferry Road and east of Carbon Plant Road; Tract 2: Being a tract of land containing 42,000 square feet (0.96 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 3: Being a tract of land containing 25,185 square feet (0.58 acre) of land out of a 3.23 acre tract recorded in Volume 1722, Page 552 of the Deed Records of Nueces County, Texas, owned by Coastal States Petroleum and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 4: Being a 0.095 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 5: Being a 0.92 acre tract of land situated in the Rincon Del Oso Grant, Nueces County, Texas and being out of that certain 6.985 acre tract of land described in a Warranty Deed to Valero Energy Corporation recorded in Volume 2327, Page 543, Nueces County Deed Records and owned by Coastal Liquids Partners, LP and said landlocked tract generally located east of North Navigation Boulevard and north of Up River Road; Tract 6: Being a 0.187 acre (8,138.134 square feet) out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Exxon Pipeline Company and located on the south corner of Buddy Lawrence Drive and Oak Park Avenue; and Tract 7: Being a 0.25 acre tract of land out of Lot 7-B of the Oak Lawn Subdivision as recorded in Volume 33, Page 63 of the Map Records of Nueces County, Texas and owned by Koch Gathering Sys, Inc. and located between Oak Park Avenue and Buddy Lawrence Drive and north of Huisache Street (the Property), from the "FR" Farm Rural District to the "IH" Heavy Industrial District, as shown in Exhibits "A" through "G." Exhibits A through G, which are maps of the subject properties, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan Future Land Use Map is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 3 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: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_0915-08 City of CC Page 3 of 3 0 SUBJECT PROPERTY 400 800 Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 1 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home SUBJECT 4'2 - ' PROPERTY LOCATION MAP YIN City of Corpus Christi Exhibit "A" SUBJECT PROPERTY IL 400 800 Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 2 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home I LOCATION MAP Sy�A SUBJECT PROPERTY / TS 1 City of Corpus Christi , Exhibit "B" CASE: 0915-08 Tract 3 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP Sym SUBJECT PROPERTY AGNES ilk City of Corpus Christi Exhibit "C" B�ECT PROPERTY 800 Feet Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 4 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home i Sy�Q SUBJECT PROPERTY LOCATION MAP AGNES 11101 City of Corpus Christi Exhibit "D" i Sy�p SUBJECT PROPERTY _/ LOCATION MAP gGNEg. YIN City of Corpus Christi 800 Feet SUBJECT PROPERTY Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 5 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Exhibit "E" D. to Created;; 91/201,g1 4repared Byr'JeiernyA of Developm ervic s‘ IH"M� � u N MM. O O M ti N ti Q N N N ry N„ ry 1 M MM N o4 WI I N ti ti ti A co SUBJECT PROPERTY IH N ti N ti 0 1 400 ti s, _ s+eet \ Department CASE: 0915-08 Tract 6 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home J LOCATION MAP CHANNEL ''SUBJECT �PROPERTY j AGNES MORD YIN City of Corpus Christi Exhibit "F" ti N as a Na M N 03 ti a � m a q O h .y q SUBJECT PROPERTY Q V IL N ti IH 800 Feet Depart CG -2 Date Creat d: 9/8/2015 Prepared By: JeremyM ent of Develop, enreetvices CASE: 0915-08 Tract 7 SUBJECT PROPERTY WITH ZONING Subject Property RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home LOCATION MAP AGNES CHANNEL ''SUBJECT PROPERTY MO RG YIN City of Corpus Christi Exhibit "G" PLANNING COMMISSION FINAL REPORT Case No. 0915-08 Tracts 1-7 HTE No. 15-10000056 Planning Commission Hearing Date: September 23, 2015 Applicant & Legal Description Applicant: City of Corpus Christi Tract Owner Acreage Legal/Location 1 ABTEX Brinkerhoff Oil Co. 1.09 Assors Map 137 1.095 ac out of Tract 11 Hearns Ferry Road 2 Coastal State Petroleum Co. 0.96 Kaler Tract 0.96 ac out of 20.99 ac Tract Up River Road 3 Coastal State Petroleum Co. 0.58 Kaler Tract 0.58 ac out of 20.99 ac Tract Up River Road 4 Coastal Liquids Partners LP 0.10 Kaler Tract 0.10 ac out of 20.99 ac Tract Up River Road 5 Coastal Liquids Partners LP 0.92 Kaler Tract 0.92 ac out of 20.99 ac Tract Up River Road 6 Exxon Pipeline Co. 0.18 Oak Lawn .18 ac out of Lot 7B Block 3 Oak Park Road 7 Koch Gathering Sys Inc. 0.25 Oak Lawn .25 ac out of Lot 7B Block 4 Oak Park Road Zoning Request From: Interim Zoning Upon Annexation "FR" Farm Rural District To: "IH" Heavy Industrial District Area: 4.08 acres total Purpose of Request: To allow heavy industrial uses in Industrial District No. 1. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Tract 1 & 7: Vacant Tracts 2-6: Heavy Industrial Heavy Industrial North Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial South Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial East Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial West Outside city limits without zoning Tract 1: Vacant Tracts 2-7: Heavy Industrial Heavy Industrial ADP, Map & Violations Area Development Plan: The subject properties are located within the boundaries of the Port/Airport/Violet Area Development Plan (ADP) and are planned for heavy industrial uses. The proposed rezoning to the "IH" Heavy Industrial District is consistent with the adopted Future Land Use Map and ADP. Planning Commission Final Report Page 2 Transportation Transportation and Circulation: Tracts 1 is a landlocked property near an unimproved portion of Hearns Ferry Road; Tracts 2, 3, 4 and 5 are landlocked properties near Navigation Blvd. and Up River Road. Tracts 6 and 7 are located with frontage on Oak Park Street and Buddy Lawarence Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2013) Hearns Ferry Local N/A 2 Lanes 50' ROW unpaved N/A Navigation Blvd. Al Arterial 4 Lanes w/Ctr Turn 2 Lanes 70' ROW 28' Paved N/A Up River Road 01 Collector 2 Lanes 2 Lanes 70' ROW 28' Paved N/A Buddy Lawarence 01 Collector 2 Lanes 2 Lanes 120' ROW 44 Paved N/A Oak Lawn 01 Collector 2 Lanes 2 Lanes 70' ROW 28' Paved N/A Staff Summary: Requested Zoning: The City/applicant is requesting a rezoning from the interium "FR" Farm Rural District automatically applied to property after annexation to the "IH" Heavy Industrial District to allow for heavy industrial uses. Development Plan: Each of the properties are located in Corpus Christi Industrial District No. 1. Industrial District No. 1 is specifically designed to promote industrial uses by allowing a fee to be paid to the City in lieu of taxation with the City's guarentee not to annex the properties if the property owner enters into an Industrial District Agreement. Each of the property owners have been invited but have declined the City's offer to enter into an Industrial District Agreement. Therefore, the City is exercising its annexation powers, and subsequently rezoning the property consistent with the Future Land Use Map. Existing Land Uses & Zoning: Tract 1 is vacant and surrounded by vacant land outside citylimits. Tracts 2 thru 6 are partially developed with industrial uses and surrounded by existing industrial uses. Tract 7 is vacant but generally surrounded by industrial uses. None of the tracts abut or are near existing residential uses. Planning Commission Final Report Page 3 AICUZ: The subject properties are not located in any of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject properties are not platted. Comprehensive Plan & Area Development Plan Consistency: The proposed designation of "IH" Heavy Industrial District is consistent with the Future Land Use Map and the Port/Airport/Violet Area Development Plan. Department Comments: In accordance with Ordinance 029958, companies in the Industrial District have the option of entering into an Industrial District Agreement (IDA) for payment of fees in lieu of taxes at a reduced rate, or being annexed. The five companies listed below have offered the following reasons for not entering into an IDA with the City: • Coastal States Petroleum — indicated preference for annexation of two tracts. • Coastal Liquids Partners — disclaimed land ownership by all parties, no one to sign IDA on two tracts. • ABTEX — defunct company, no one to sign IDA. • Exxon Pipeline Co. — indicated preference for annexation. • Koch Gathering Sys Inc. — indicated preference for annexation In order to comply with the Local Government Code, which allows the City to have an Industrial District, the City may annex properties that do not enter into an IDA. Other Department comments: 1. The proposed "IH" Heavy Industrial District is consistent with both the City's Comprehensive Future Land Use Map and with the goals and intent of Industrial District No. 1. 2. There are no existing or proposed residential areas abutting or near any of the tracts. Planning Commission and Staff Recommendation: Approval of the re zoning to the "IH" Heavy Industrial District on Tracts 1-7 Planning Commission Final Report Page 4 Public Notification Number of Notices Mailed — 59 within 200 -foot notification area (Tracts 1-7) 10 outside notification area (Tracts 1-7) As of October 19, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Maps (Existing Zoning & Notice Area) LOCATION MAP City of Corpus Christi SUBJECT PROPERTY 0 400 800 Feet Date Created: 91812015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 1 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 Genera] Commercial CG -2 General Commercial 0 Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 R5-6 Single -Family 6 RS -4.5 Single -Family 4,5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse 5P Special Permit RV Recreational Vehicle Park RMH Manufactured Home nSubject Property Owners with 200' buffer liar in favor 4 Owners within 200' Fisted an y Owners attached ownership table A en opposition SUBJECT PROPERTY IL 800 Feet Date Created: 9/8/2015 Prepared By: JerernyM Deparlmenl of Development Services CASE: 0915-08 Tract 2 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay BP Business Park IL Light Industrial IH Heavy industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS -TI -1 Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home I Subject Property 0 Owners with 200' buffer in favor ,f Owners within 200" listed on V Owners tat* — attached ownership in opposition C l LOCATION MAP AGNES� City Corpus Christi • 1 Syp SUBJECT PROPERTY N AGNES— LOCATION MAP City of Corpus Christi SUBJECT ROPERTY 7 10 800 Feet Date Created: 9/8/2015 Prepared By: JerernyM Deparlmenl of Development Services CASE: 0915-08 Tract 3 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate R5-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property 0 Owners with 200' butler in favor 4 Owners within 207' listed on r/ Owners enacted ownership table /, on opposition STUBECT PROPERTY Date Created: 9/8/2015 Prepared By: JerernyM Deparlmenl of Development Services CASE: 0915-08 Tract 4 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate R5-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property 0 Owners with 200' butler in favor 4 Owners within 207' listed on r/ Owners enacted ownership table /, on opposition LOCATION MAP 714esf City of Corpus Christi LOCATION MAP City of Corpus Christi /4.1'SCI s 2 1 6 5 7 800 Feer 3 SUBJECT PROPERTY Date Created: 9/8/2015 Prepared By: JeremyM Department of Development Services CASE: 0915-08 Tract 5 ZONING & NOTICE AREA RM -I Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H SP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farre Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -8 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property A Owners with 200' buffer �/ in favor 4 Owners within 200' fisted on XOwners attached ownership tahte in opposition L D.teCreat fepared dy,'fe-feihyAR Qepaamen/ eveuropmAt servlet, SO CA0 H Q s do SUBJECT PROPERTY M 8i Peet r CASE: 0915-08 Tract 6 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H SP Neighborhood Commercial Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farre Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -8 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property A Owners with 200' buffer �/ in favor 4 Owners within 200' fisted on XOwners attached ownership tahte in opposition CHANNEL SUBJECT PROPERTY EE +'A A6NE61 LOCATION MAP City of • Corpus Christi m *0'1 N N 0 a o a R 7 m V p `r D N ,Ny SUBJECT PROPERTY M IH a N Depart IL DateCrea -+:9/812015, Prepared y: JeremyM en! of Develop enryServices CASE: 0915-08 Tract 7 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy industrial PUD Planned Unit Dev- Overlay RS -19 Single -Family 10 RS -6 Single -Family ft RS -4.5 Single -Family 4-5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Horne nSubject Property 0 Owners with 200' buffer in Favor 4 Owners within 200' fisted on X Owners attached ownership reale if) in opposition CHANNEL SUBJECT PROPERTY EE+'A AONES--- LE A ES LOCATION MAP MORO City of Corpus Christi Location Map TRACT 1 / 1.69 ACRES I/` Industrial District No. 1 7 Tracts, 4.08 acres INDUSTRIAL DISTRICT NO. 1 Reg RRo ICL INSIDELIMITS(ICL) aQ TRACT 4 .10 ACRES TRACT 2 & 3 1.55 ACRES JOE FULTON 913 COP TRACT 6 .18 ACRES K TRACT 5 .92 ACRES LEOPARD 3.3 111 37 TRACT 7 25 ACRES Legend IM n ewmaiw.mn At N 1 Aerial Maps Tract 1 Tract 2 Aerial Overview Tract 3 Tract 4 Aerial Overview Tract 5 Tract 6 Aerial Overview Tract 7 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: October 23, 2015 Ronald L. Olson, City Manager FROM: Mike Markle, Interim Chief of Police Mikema@cctexas.com 886-2603 Accepting and appropriating the Violence Against Women Act (VAWA) grant within the Police Department for the 16th program year CAPTION: Ordinance authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. PURPOSE: Funding is available from the State of Texas, Criminal Justice Division, for projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program that provides assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The case manager provides services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims' Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted in an effort to stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case manager also works closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the community. The State provides for the salary/benefits of one Victim Case Manager, equipment, supplies, training, and mileage. Volunteer hours contribute $5,520 as an in-kind contribution, and the City contributes $27,800.14 for training, travel, supplies and miscellaneous equipment. The funding is not on a declining percentage or ending funding cycle. This grant period is 9/1/2015 — 8/31 /2016. ALTERNATIVES: None OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $27,800.14 $27,800.14 BALANCE $27,800.14 $27,800.14 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends acceptance of the grant application and appropriation of funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award letter Ordinance Authorizing the City Manager or designee to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 for the 16th program year of the Violence Against Women Act (VAWA) Program within the Police Department with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund; appropriating the $34,645.86 in the No. 1061 Police Grants Fund for the VAWA grant in the Police Department; and authorizing the transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund and appropriating the same for a total project cost of $67,966.00. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $34,645.86 to continue the Violence Against Women Act Formula Grant (VAWA) grant within the Police Department for Year 16 with a City match of $27,800.14 and an in-kind match of $5,520 from the No. 1020 Police General Fund. SECTION 2. That $34,645.86 grant is appropriated in the No. 1061 Police Grants Fund to continue the VAWA grant in the Police Department. SECTION 3. The transfer of $27,800.14 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $67,966.00. SECTION 4. The City of Corpus Christi agrees that in the event of loss or misuse of the Criminal Justice Division funds, the City of Corpus Christi assures that the funds will be returned to the Criminal Justice Division in full. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Office of the Governor Page 1 of 1 Statement of Grant Award (SOGA) The Statement of Grant Award is your official notice of award from the Governor's Criminal Justice Division (CJD). The approved budget is reflected in the Budget/Details tab for this record in eGrants. The grantee agrees to comply with the provisions of the Governor's Criminal Justice Division rules in Title I, Part 1, Chapter 3, Texas Administrative Code in effect on the date the grant is awarded as well as any and al! applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Texas Government Code, Chapter 783, Uniform Grant and Contract Management; and the Texas Uniform Grant Management Standards (UGMS) that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a subrecipient, the more restrictive requirement applies. By clicking on the 'Accept' button within the 'Accept Award' tab, the grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grantee Responsibilities Memo, the Comprehensive Certifications and Assurance Form, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund -Specific Requirement(s), if any, cited below: Grant Number: Date Awarded: Grant Period: Liquidation Date: Program Fund: Grantee Name: Project Title: Grant Manager: DUNS Number: 1517117 10/1902015 09101/2015 - 08.31.2016 11/29/2016 SF -State Criminal Justice Planning (421) Fund Corpus Christi, City of Victim Assistance Program Kim Hild 069457786 CFDA: Federal Awarding Agency: Federal Award Date: Federal/State Award ID Number: Total Federal Award/State Funds Appropriated: Pass Thru Entity Name: Is the Award R&D: Federal/State Award Description: N/A N/A - State Funds NfA - State Funds 2016 -SF -ST -0015 $32,764,872.00 Award Amount: Grantee Cash Match: Grantee In Kind Match: Total Project Cost: $34,645.86 $27,800.14 $5,520.00 $67,966.00 Texas Office of the Governor . Criminal Justice Division (CJD) No The purpose of this program is to reduce crime and improve the criminal justice system. List of Post -Award Conditions of Funding and Other Fund -Specific Requirements https:!/egrants.gov.texas.gov,'proj ect/awardstatement.aspx?i2=4&i 1=8&gh=8A-91-AA-6... 10.123 /2015 Hold Hold Condition of Funding .' Project Requirement CDreated Date Met ProjectIt em Funds Funds Resolution: Except for state agencies, each applicant agency must submit a resolution from the applicable governing body (such as the city council, county commissioners' court, school board, or board of directors) electronically using the 'Upload' function in the eGrants system. The current 3 16.2015 Resolution contains specific dollar amounts that do not match the budget. https:!/egrants.gov.texas.gov,'proj ect/awardstatement.aspx?i2=4&i 1=8&gh=8A-91-AA-6... 10.123 /2015 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: October 13, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a check from NuStar Energy L.P. in the amount of $2,500.00 as a grant to support the Corpus Christi Fire Department. CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. PURPOSE: As part of NuStar Energy L.P. charitable giving program, it has awarded the Corpus Christi Fire Department $2,500.00 to be used specifically to purchase any equipment or supplies to support the CPR Pilot Program between the City of Corpus Christi Fire Department and the Corpus Christi Independent School District to train all graduating seniors on CPR techniques in an effort to improve community awareness and the City's ROSC (return of spontaneous circulation) rating. The grant was unsolicited. ALTERNATIVES: If we don't accept the donation, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate donation funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: ❑ Operating x Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $2,500.00 $2,500.00 BALANCE $2,500.00 $2,500.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $2,500.00. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors; and appropriating $2,500 from NuStar Energy L.P into the No .1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. BE IT ORDAINED 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 NuStar Energy L.P. in the amount of $2,500 to support a joint pilot program between CCFD and CCISD to provide CPR training to all graduating seniors. SECTION 2. That $2,500 is appropriated in the No. 1062 Fire Grant Fund to be used specifically to purchase any equipment and/or supplies to directly benefit Fire Departments' CPR Pilot Program. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM First Reading Ordinance Item for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: 10/5/2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo , P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Ordinance to reimburse MPM Development, L.P., for the construction of water arterial transmission and grid main line CAPTION: Ordinance authorizing city manager or designee to execute a water arterial transmission and grid main construction and reimbursement agreement ("Agreement") with MPM Development, L.P. ("Developer"), for the construction of a water arterial transmission and grid main line and appropriating $79,747.60 from the No. 4030 Arterial Transmission and Grid Main Trust Fund to reimburse the Developer in accordance with the Agreement. PURPOSE: MPM Development, L.P., is required to install 910 linear feet of 12 -inch water arterial grid main extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Woodridge Road. BACKGROUND AND FINDINGS: Per Section 8.5.1.0 (1) Credits and Reimbursements of the Unified Development Code ("UDC"), MPM Development, L.P., is requesting a Reimbursement Agreement for the development of Oso View as shown on the final plat. The subdivision is located along North Oso Parkway, east of Ennis Joslin Road and north of Woodridge Road. The development requires the extension of 910 linear feet of 12 -inch water arterial grid main in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch water arterial grid main south of Holly Road. If the actual costs for installation of such arterial transmission and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the Water Arterial Transmission and Grid Main Trust Fund for that portion of the arterial transmission and grid main installed by the developer. In this case, the total construction cost of the 12 - inch water arterial grid main is $92,042.50 minus the lot/acreage fee of $12,294.90 which equals $79,747.60. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The developer will be extending a water grid main to serve the proposed residential development and has requested a Reimbursement Agreement, as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to ExpeDnd ate tures (CIP only) Current Year Future Years TOTALS Line Item Budget $1,949,610.16 Encumbered / Expended Amount $807,503.11 This item $79,747.60 BALANCE $1,062,359.45 Fund(s): X Water Arterial Transmission Grid Main Trust Fund Comments: Balance reflects Grange Park Unit 1 reimbursement agreement. RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with Agreement Location Map ORDINANCE AUTHORIZING CITY MANAGER OR DESIGNEE TO EXECUTE A WATER ARTERIAL AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT ("AGREEMENT") WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), FOR THE CONSTRUCTION OF A WATER ARTERIAL TRANSMISSION AND GRID MAIN LINE AND APPROPRIATING $79,747.60 FROM THE NO. 4030 ARTERIAL TRANSMISSION AND GRID MAIN TRUST FUND TO REIMBURSE THE DEVELOPER IN ACCORDANCE WITH THE AGREEMENT. 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 water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, L.P., ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Oso View Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $79,747.60 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469-9277, and MPM Development, L.P., a Texas Limited Partnership ("Developer "), 426 S. Staples, Corpus Christi, Texas 78401. WHEREAS, the Developer, in compliance with the Unified Development Code ("UDC"), proposes to final plat the Property as shown on the attached final plat known as Oso View ("Development"), as shown in Exhibit 1 (attached and incorporated); WHEREAS, under the UDC and as a condition of such plat of Oso View, Developer is required to construct a public waterline in order to record such plat; WHEREAS, Developer has submitted an application for reimbursement of the costs of extending a 12 -inch waterline from the existing 12 -inch waterline located on the north side of North Oso Parkway at the Northwest corner of Wooldridge Road and North Oso Parkway for a distance of 910 linear feet in order to extend water grid main along North Oso Parkway and consistent with the Unified Development Code (Exhibit 2); WHEREAS, it is in the best interests of the City to have the 12 -inch waterline on Holly Road for a distance of 474 linear feet installed by Developer in conjunction with the final plat; WHEREAS, Resolution No. 026869 authorized the acceptance of applications to be eligible for reimbursement in the future when funds are fully available in, and are appropriated by City Council, the Arterial Transmission and Grid Main Line Trust Fund as per the UDC, Section 8.5.1.C(1), and WHEREAS, Chapter 212 of the Texas Local Government Code authorizes a municipality to make a contract with a Developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; NOW, THEREFORE, in consideration set forth hereinafter and in order to provide a coordinated waterline construction project, the City and Developer agree as follows: Subject to the terms of this Agreement and the plat of Parkview Unit 1, Developer will construct the 12 -inch waterline for and on behalf of the City in accordance with the plans and specifications as are approved by the City Engineer on behalf of the City. 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch waterline improvements, in compliance with the City's UDC and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the construction of the 12 -inch waterline, as shown in Exhibit 3, with the following basic design: 1. Install 910 linear feet of 12 -inch PVC waterline pipe. 2. Install three (3) fire hydrant assemblies. 3. Install one (1) 12 -inch cap for 2". 4. Install six (6) 12 -inch tees. 5. Install two (2) 12 -inch gate with box. 6. Install three (3) 6 -inch gate valve with box. 7. Install three (3) 6 -inch 90 degree EL. 8. Install nine (9) 6 -inch diameter x 30 inch PVC pipe nipple. b. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. c. Before the Developer starts construction the plans and specification must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to the start of construction of the 12 -inch waterline improvements, Developer shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the 12 -inch waterline. If any of the property needed for the Easements is owned by a third party and Developer is unable to acquire the Easements through reasonable efforts, then the City will use its powers of eminent domain to acquire the Easements. 4. PLATTING FEES Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC for the area of the improvements for the construction of the 12 -inch waterline. The required acreage fees Developer is to pay to the City under the UDC for the 12 -inch waterline improvements will be credited to Developer provided that an application for credit, including cost - supporting documentation, has been submitted to the Assistant City Manager of Development Services prior to the installation of the 12 -inch waterline and is approved. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 2 of 10 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS Developer shall award a contract and complete the improvements to 12 -inch waterline, under the approved plans and specifications, by November 17, 2016. 6. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 7 PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 8. DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, under the approved plans and specifications, on or before November 17, 2016. f. Either the City or Developer otherwise fails to comply with its duties and obligations under this Agreement. 9. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non - defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 3 of 10 c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. Should Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 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. e. In the event of an uncured default by the Developer, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default. 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project. 3. Perform any obligation or duty of the Developer under this agreement and charge the cost of such performance to Developer. Developer shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer receives notice of the cost of performance. In the event that Developer pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer has all its remedies at law or equity for such default. 10. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 4 of 10 majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 11. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer: Mossa Moses Mostaghasi General Partner MPM Development, LP 426 S. Staples Corpus Christi, Texas 78401 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. 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. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 12. 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 is a third party beneficiary of each contract. 13. PERFORMANCE AND PAYMENT BONDS Developer shall require its contractor for the construction of the project, before beginning the work, to execute with 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. 14. WARRANTY Developer shall fully warranty the workmanship of and function of the 12 -inch waterline improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 5 of 10 15. REIMBURSEMENT a. Subject to the appropriation of funds, the City will reimburse the Developer 100% of the reasonable cost of the 12 -inch waterline improvements, not to exceed $79,747.60, as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the appropriation of funds, the City agrees to reimburse the Developer on a monthly basis upon invoicing for work performed. The reimbursement will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed on Exhibit 5. c. To be eligible for reimbursement, the work completed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. d. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer. 16. INDEMNIFICATION DEVELOPER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPER'S FAILURE TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT OR TO PROVIDE CITY WATER SERVICE TO THE DEVELOPMENT, INCLUDING INJURY, LOSS, OR DAMAGE 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT DESCRIBED ABOVE, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 6 of 10 CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES, WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SPECIFICALLY INCLUDES ALL CLAIMS, DAMAGES, AND LIABILITIES OF WHATEVER NATURE, FORESEEN OR UNFORESEEN, UNDER ANY HAZARDOUS SUBSTANCE LAWS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: (A) ALL FEES INCURRED IN DEFENDING ANY ACTION OR PROCEEDING BROUGHT BY A PUBLIC OR PRIVATE ENTITY AND ARISING FROM THE PRESENCE, CONTAINMENT, USE, MANUFACTURE, HANDLING, CREATING, STORAGE, TREATMENT, DISCHARGE, RELEASE OR BURIAL ON THE PROPERTY OR THE TRANSPORTATION TO OR FROM THE PROPERTY OF ANY HAZARDOUS SUBSTANCE. THE FEES FOR WHICH THE DEVELOPER SHALL BE RESPONSIBLE UNDER THIS SUBPARAGRAPH SHALL INCLUDE BUT SHALL NOT BE LIMITED TO THE FEES CHARGED BY (I) ATTORNEYS, (II) ENVIRONMENTAL CONSULTANTS, (III) ENGINEERS, (IV) SURVEYORS, AND (V) EXPERT WITNESSES. (B) ANY COSTS INCURRED ATTRIBUTABLE TO (I) THE BREACH OF ANY WARRANTY OR REPRESENTATION MADE BY DEVELOPER/OWNER IN THIS AGREEMENT, OR (II) ANY CLEANUP, DETOXIFICATION, REMEDIATION, OR OTHER TYPE OF RESPONSE ACTION TAKEN WITH RESPECT TO ANY HAZARDOUS SUBSTANCE ON OR UNDER THE PROPERTY REGARDLESS OF WHETHER OR NOT THAT ACTION WAS MANDATED BY THE FEDERAL, STATE OR LOCAL GOVERNMENT. THIS INDEMNITY SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THE AGREEMENT. 17. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer to another with the written consent of the City's City Manager. 18. COVENANT RUNNING WITH THE LAND This Agreement is a covenant running with the land, Oso View, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. The duties, rights, and obligations of the Agreement are binding on and inure to the benefit of the Developer's successors or assigns. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 7 of 10 19. DISCLOSURE OF OWNERSHIP INTERESTS Developer further agrees, in compliance with the City Ordinance No. 17110, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 6. 20. AUTHORITY All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer from and after the date that all original copies have been executed by all signatories. EXECUTED IN ONE original, *this day of , 2015. SIGNATURES FOUND ON PAGES 9 and 10. Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 8 of 10 Developer Mossa Moses Mostaghasi, General Partner MPM Development, L.P. 426 S. Staples Corpus Christi, Texas 78401 By: Mossa Moses Mostaghasi General Partner THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Mossa Moses Mostaghasi, General Partner, for MPM Development, L.P., and acknowledged before me on the day of 2015. Notary Public, State of Texas Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 9 of 10 CITY OF CORPUS CHRISTI: ATTEST: By: By: Rebecca Huerta Ronald L. Olson City Secretary City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2015. Notary Public, State Of Texas THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was signed by Ronald Olson, City Manager, for the City of Corpus Christi, Texas, and acknowledged before me on the day of 2015. Notary Public, State Of Texas APPROVED AS TO FORM: This day of , 2015. Julian Grant, Senior Assistant City Attorney For the City Attorney Arterial Tran and Grid Main Reimb Agmt MPM Development, LP -Oso View vFinal Standard Form Reimbursement Agreement Template Version 1.0 10.7.15 Page 10 of 10 STATE 04 TEXAS COUNTY OF NUECES 4 THE OWNERS GEORGE OF THE�LAND LIMITED OTHE TWE ARE HEREBY THE CERTIFY THAT SUBJECT TOA LIEN IN THAT WE HAVE E NAD STIP TLAND . SURVEYED AND SUBDINDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, STREETS ARE HE GATED IN FEE SIMPLE TO THE PUBLIC USE FOREVER AND .S.ENTS ARE HERM' DEDICATED I THE 11.1B,L1,?&EJeONREVER, AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPRON THIS THE DAY OF MARILYNN C. YANKEE, GENERAL PARTNER STATE OF TEXAS COUNTY OF NUECES 4 THIS INSTRUMENT OAT ACKNOWLEDGED BEFORE ME Y THIS THE STATE OF TF_XAS COUNTY OF NUECES 9 U0000YN CERTF! THAT THE FOREGOING PUT WAS REGISTERED PROFESSIONAL UP PREPARED FROM A ND SURVEYOR OF SURVEY MADE ON S & WELSH ETH UNDER MY DIRECTION. IS TRUE AND CORRECT AND THAT WE HAVE BEEN ENGAGED TO BET ALOT GROUND CORNERS UPON COMPLETION OF SUBDIVISION CONSTRUCTION IMPROVEMENTS WITHOUT DEL, THIS THE DAY OF 20 . NOTES: 1198.. T1HE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID. SOUTH ZONE. NAD 2. FEINA AS SHOWN OR NOTED HEREON IS FROM F.A MAP, COMMUNITY P EL 48566403 INFORMATION D. REVISED AUGUST J. IGSB. ALL OF THE SUBJECT SPIE IS IN FEMA ZONE 'B'. STATE OF TEXAS COUNTY OF NUECES 9 HERBS CERT, THAT WE ARE THE HOLDERS OF A LIEN ON APPROVE TTHE SUHE BDIVISIONCANDWITHI(NNATV BOUNDAVRES OF THE FOREGOING MAP AND THAT WE DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN STATE OF TEXAS COUNTY OF NUECES g THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME).. (TITLE) of THIS DiE DAY OF 20 rvDTARY PUBIC, Iry AND FDR THE STATE DF rcxas STATE OF TIXAS COUNTY OF NUECES 9 THE FINAL PIAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI. TEXAS RATNA POTIUMEHlESEE= DATE STATE OF TEMPS COUNTY OF NUECES 9 THE FINAL TTHE DESCRIBED PROPER, WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRIST, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF 20 SECRETARY PHILIP J. RAMIR¢, ALA., LIFO AP DANIEL M. cFIMSB PE. MCP J. THE SUBJECT SITE CONTAINS 12,101 ACRES INCLUDING STREET DEDICATIONS. 0 500' 1000' 2000' 01010 OF TEXAS 4. THE RECEIVING WATER FOR THE STORM WATER RUNOFF FROM THIS PROPERTY IS SCALE I'- 1000' LOCATION MAP COUNTY OF NUECES 9 THE OSO BAY. THE -CEO HAS CLASSIFIED THE AQUATIC LIFE USE FOR THEI = 1000 <APPROX.T AS 'EXCEPTION, AND 'OYSTER WATERS'. TCEO. ALSO CATEGORIZED THE RECEIVING KARA SANDS. CLERK OF THE COUNTY COURT IN AND FOR SVD COUNTY, 00 HEREBY CERT, THAT WATER AS "CONTACT RECREATION' USE 5- PRIVATE RESIDENTIAL DRIVEWAY ONTO WOOLDRIDGE ROAD AND N. OSO PARKWAY THE FOREGOING INSTRUMENT DATED THE MY OF 20 WITH ITS SHALL BE PROHIBRED. CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF RErEA'N'ENi, AS 20 AT O'CLOCK M AND DULY RECORDED THE OEVELOPMENi CODE AND IS SUBJECT TO CHANGE As TIE ZONING MAY CHANGE. SHALL Bcrv18' MINIMUM FINISHED FLOOR ABUTTING smEET CErvrzRLNE ELSEVA0ON.. Illplll`lll MAY 2 0 2015 PLANNING COMMISSION PLAT OF OSO VIEW IA APR 2 7 2715 A 17.101 ACRE TRACT OF LAND. HERE IDR LESS, A oN OF LOT12, SECTION 32, S 11 AND MAP OF WHICH ISs RECORDED U IN V. CTS. A - CORDS. NU COUNTY, TN CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS R. WELSH ENGINEERING CO;O')3RDL�A4_4410 FIRM N0 1-02, 3054 S. ALAMEDA ST CORPUS CHRISTI, TEXAS 78404 SHEET 1 BF 2 DAY OF 20 AT O'CLOCK _,M IN THE MAP RECORDS OF SAID COUNTY IN VOLUME PAGEINSTRUMENT NUMBER WITNESS MY DAND SEAL OF THE COUNTY COURT FS CORPUS CHRISTI NUECES COUNTY. TEXAS, THE DAY AND YEAR LAST TMDWRITTEN_ N AT OFFICE KARA SANDS. CLERK COUNTY COURT Exhibit 1 Page 1 of 2 22 65' ROW 88, rg"LJNA'"or12,17.-.°A. 02285430E 420.44' 15,2 1 102?,1 SF S 28.36,12°E 156.26. 5,1 1"' 96.2 SF L_ —1sSFSITs. —4E4 — — — LOT 13 LOT 12 N 6 1 • 0 7 5 6 20' X 35' ranPORP_RY EZAWTEIN'SPRZg'Ir EtTENDED TO 71.18 NORE8WEST 178 76 69 25. 14 EE 4 60.75. 0 ,.... 5254842 S28 38.42, 95 75' 526 6.4202 /2-r0 s/DDF. DoT"vr,s6,,nU.'bT,,"s,Tarlt".1°Irs73'1';'.,`TLT N28-36'1 1"E 816.8 FIR S/6,R 19,22 OrtIE Nor35.1, 20 ® ;SI 6695 SF 7. 06.20 60.00 5402122 0 1 „, 13...7',EI, '4&...._.., IR 7 "V.. ,9,'-'7.....!F !•-... ,8, '" ,.,.: ._,9, 25.717 .' , '' ''''''''. ,1:‘,,,, _5,20_55811 66.20 L-0,D-DS-slas1__.1 ,I_s22,_,,,,,_•'— (=b' . 1,'18 . ® LOST MAPLES PARK DR. Sar38,1 781 141.0, 0 )7 0 61 120.00 0-0 n 1, 10303 sF h.., 1 1 "11 s2F2DaDrs 1 VST_." 2141"58,d0204. 022 ..D. __J 59.26 j_ 8,66 110.00' 7788 SF a. 8701' sF S28.36.4278 220.00' r7E. 95.34 442222 96.601 SF Yr, 10 --..,10 8,0 528.395CW 50.00' /0.06 DE=Fs =am VARIES CURVE DATA 8,17.16,7. 0 8,02.39.6, © 0s01'20r48. 7=97.20. L=29.96' CE=S67.19,278 C98930"01,1318 01=192.19' 08=29.96. ® ® r9.70407'"' T=13.23. '801,1Z39.01.17 ge2S'7;43'8.42, Vg56.257E 0 rmp" 0 r-To132`. 7.5.6(E 7=16.89'. 1,=1020. 1,37.33' P1=TOO:" 211477?'"' tra7;44' ri".z- 0 IVIZW.OV T=13.97. 7=16.5, ng59,66rE '8=83:59,278 'CVNV:3W52.17 C11,20.45. Cli=50.56' 02 0.091'16'30' 8,4102,5. 0 A.31'32'377 7=125.05. 7.813.23' WX8g5'01.74 Va29.02, CH=64.91' CH=24.75' 01334.3,3,2, 01,a61,6.78 101-7rS810'..1,31, 01,18.64' 0 222 0 2s2252,81 ® 8=98.49.56. 7=1,26' 1,615.97' L=223.54' ?, 09,75,60J44,, 04 15 7 lin 20 2015 PLANNING COMMISSION 8080 01 8188444 120.00' I," 7401? Sr 528-36.42, 120 OW I 005, 1 I 1 i 120.00' I It I , I [ 0084460028 .1 -1- , Izo..00. gI 1800502 .,..';1 17/5 ‘‘,. 78038 SF 11 I I \ s E2.0,00 825.35'42rE ni 1,8 NI 8092 Sr -.I I, 5997 SE sm P- r NassmsrE .142.4.55o, --J— 12 120.25' Er' © 0 764 SF 18 82,38.42, 81 01 PLAT OF OSO VIEW CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING °Ra POOTi'aM JOH .81, 15006 FIRM NO F-52, 3054 S. ALAMEDA ST. SCALE. = 00' CORPUS CHRISTI, TEXAS 78904 18 5 11138 SF /50 5024/ sF11 sF S.28.35.42, / 106.9, S28.38,2"W 1210, 762(7.1 SF 8,02 120.69. 7490 sF 699'8 SF 1 4Z5'80'008, if - 129759. g 7,1'0 SF 7362 SF S28.36.42,7 118 3 10 I., 1 S2= L I L 0 0 30' 60' 120' SCALE. Ms 60' 864 SF rEl% FD 5/81.17. ,9L'9L9 3„£1,,Z1-1,9S 50' Tfr,"),,"71.1%;.• 8,8,, Exhibit 1 Page 2 of 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Oso View Subdivision, hereby request reimbursement of $79,747.60, as provided for by City Ordinance No. 17092. $79,747.60 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Mostaghasi, President of MPM Development, LP, on behalf of the said corporation. Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Grid Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer Date) Exhibit 2 Page 1 of 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Oso View Subdivision, hereby apply for $12,294.90 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $92,042.50 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2015, by Mossa Mostaghasi, President of MPM Development, LP. Notary Public in and for the State of Texas Exhibit 2 Page 2 of 2 c Fi PUDILEIC DMPROVEMENTS TO MD 'MEW PUS_Cki !STD, NUECIES COUNTY, TEM 0525-00.1,04.01.6 :•±Mr -a- 77M4a: -7 • 2 • • Ira.. •,..m *••• ••• • ••• • •••• ••••* ••• ••• .....,•¢1••••• Imp •• ow. ma *wows • ram* ••• •• am**. • ••• ONO IMO MY. i•NOO L.1....1{1 MN. .04 014•1. ...f.tr..r.:2==••••• FA: 'Li 7.1 ":117 'aTe.T.r.4 Itr.r.Zr* ••• •••' ••• •••• NM PP, .1 PM MIK OM 0.1 19 PIM SAVO MN PIO FN. •••1.1 =.1..a.r.MVPD:raf.• it • •• • u• %ow r wear. ••• r• ompor• Mia, •g• senuer-Trougris I L- FE Fai - EFELScie 1=2:57:7:: .:eigir.FM=Mttf":11171". UGOID_•=061,141LECIALI /551/AniarD5Vall 0 555 • • - T IV •a•egla e•••1111***1 • - 26,11151155,0215,25219 ••••• •••• rrn =r1rnt.' •••••••••• •••••,•• ••• ••.I. • WM. •••2 • orcurryfflowas 9 _ _as - Cu" ••••• ;M.o. or 0.0 ••• •roc* OM 0.•••• 1.1••• tsar. CALL BEFORE YOU DV 1.-9711: ••• • 'IN* • -ger =•,z • "'" SHEET 3 SHEET 55ECT 5 155,15I5o RAP COVER SHEET MIS oiSCELL55E0V5 ,5,0ROXPOTI- PAVIIIC. CAVING AFT3 DRAM.OE P1.511. SITIET MD STORM SEWER PROWS 5.441504 5594531 AHD RATER PIM NO PROFILES. 51003.0 MATER pIxttJIIOfl PREMITIOn 15311. 11595 *494 15114415 StrY5541, STREET 0.1.10 SIDEvou OUR. IG:614a• FALL U. Aurtaihat comma cm.. qua nou MUG IMPROVE1TEM5 TO *505(31 CORPUS C5P945TI. INECE5 CO. Tx COvER CET AND kara.COu.fous TiroRuAnoN Exhibit 3 Page 1 of 5 am. .... , .. _.a.,... 1rse3e'1, 16.6T 61.07.56Y 29005' - `ire .- --z --- o :f i51 10 3.60 7u4rt 00 V 6.00 �n6pn .44 h 61 -oi>> r 142 46466-5rild-8 - PMn ONNC 1 1 00 00 'v Oc t• /,„/ uiv• W n44 44 ••Ay/rt u•w . .00 P4d3 P _ 6.41166_.1.4616 00 1.00 6 00 7. • 141 _ ��rrrr••••vv��vv • f— u •. e.m:iw.- .... otr,t•eut A • I �asvrt.,v,P'a•.n 1/ 6•"6 —." PPOnr - 1101119 0[0 PWPrt.1 15 10 S w .44 fen. 66,661•6..1-1IAR *01*50* PintMI 0n d1 sg 04 IG 8 8 s S 4,14119.6.110. War 60a 611116M1166 10 •¢v1 P1u1(C0010� P5KIC 020 [114115 10 LOOMS 100151!. 1*00(S CO. 10 S 9[011 µ9 Slip. 5 3( PPQILCS rnf Exhibit 3 Page 2 of 5 g1 LI L Q— S 10 IS gwL�' Aloo .00 6 03 7.00 CO 111 room - 5 10)ER 1 •0• (OA/WPARA q+j • 1rn 5.00 1 00 7050 6.00 rPOE E - SS 141E .0 E11OPTO050 P.A•w0T1 1100 1010 SAOS 50055 8 r7 8 1 • .0.1_, aT p0SEe E 5' LOST IMPIES P000 w ` 05 PPRPPNTL1RM 15 50107 PIAL) on 51 1 Ii I as 8 8 8 '‘.:1117.t; r139•w3,1•06y1L.,ws. PolturnuINA === Olt avownP ihn _---. umtlu fiTwr`�i 11I.1.5ew EAPIEE 11.1.1.111.1.11 Sw.SwwwKbd[wpw Fro aws ye, _ w.r..+Iwrwa+.wa.wR m�VS n5u1155nR nBASS 410 wrISN ENCNEE 153313111.1. 343.4,1,...nor• 131517 1II51.10 INPRSVCIaENIS 115 0ID VIEW CONN): (001111. IR.ECES CO.. TR SANI1M1 SEVER AND VAUD PLAN s� x10 PR61LF5 AAANNu!— 11' W.= 1434.5- Exhibit url Exhibit 3 Page 3 of 5 " � ` s1R156 ' i ! ,. zoo03'...-.111 " OT I I I�-nti Ii 0.t! -- I 1 T• 11, 1 All • ,_ I I a �- • L--�I - --L= --- .,__i_, ir • 1 I • TI • II f 3 I • 5 4471 - 1_ 7 1 14 g I1 OP I 6 f I I iII I I i 1 II Lgi 11 E TYPICAL SECTI01 STABILIZED CONSTRUCTION ENTRANCE PLLLUTTON PREVENTION MIMES =rpm= rjorls:EF. ESTIMATE SUMMARY OMNI . MOCK ONO Oo IMP Ore Of ONO. con lamoo. ono. o r ONO MOOS INN r WI MON SOO 11. WO. NO OM MONO MINN. ok.111 PPM woo- d.M OR woo .00 le =AN • 10.1 N o Lamm!. 1.1 ol Or WO IP or woos ow ION. NOY .0 OWL MO .111.1131 SECITT[MAT. SCREW FET. T GC TM SHPTART SEWER BASF NAP ORIBINARATAIINRAna L.PeNuatiLILL fmTn.Alu PB. Dale ^'^—� a•CP pnCNlul mnuS fry]T MOUS -OM ALIT/TT meocramons •,••n• BOSS AM +0511 DO 1g PP,C PUBLIC OSI VIEICNTS TO CBAPUS CUBIST!. IU:CCS CO. t sTtlE[A T9 m MYETESIAIWAII WnBASE TIPS Exhibit 3 Page 4 of 5 iern ra� II` OUP. WirSesal UPI fa PPOL•infrif arm Frro 00046@ urs ..NF..u.Na+Fm Ar TYPICAL STREET SECTION - N OSO PKWY WIN *Mien IP.Akr,CPP fen Pi r Untmn PCP SM. nap On WWII Pm 01. TYPICAL STREET SECTION - 50' ROW I if PP 0 0 Kplen:L•74:reitraw.� . *— poz-LOC SIGN SUPPORT ASSruRIti DETA4L - ENO Or ROM BARRICADE INSTALLATION (TYPE ON - OR OBJECT YAR0ER5) TYPICAL sFrn0N - 10PWNRrn V0NrPrWr FINING w 00044 AT END Or 0ROPOSFO 510 PI MIL ort P1rir 1w .lY STOP 4 0 02041 400 IOW RE4E001.1IIm0EnOO. .PTfAvt nrterteran Ei=r 4.46 On. nn T1 Inrr 8AS5 ATN WQSN FRtlHff_Mal PORLIC INPROVEIEIITS TO OSO VIER COIPNS (100411, IAEEES EO. Tx STREET AND SNEW41t OETA S Exhibit 3 Page 5 of 5 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW OVERALL ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS (NW OF CL OF N. OSO PARKWAY) QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 5670 LF 14.00 79,380.00 2. 5' RC VALLEY GUTTER 68 LF 60.00 4,080.00 3. 4" THICK R/C WALK 22581 SF 4.50 101,614.50 4. 6" THICK CONCRETE DRIVEWAY 1866 SF 6.75 12,595.50 5. 2" HMAC 7134 SY 17.50 124,845.00 6. 4" HMAC 1821 SY 35.00 63,735.00 7. 6" CRUSHED LIMESTONE BASE TO 2'BC 9274 SY 16.00 148,384.00 8. 8" LIME STABILIZED SUBGRADE TO 2' BC 11387 SY 8.00 91,096.00 9. 11" CRUSHED LIMESTONE BASE TO 2' BC 2113 SY 28.00 59,164.00 10. EXCAVATION 1 LS 69,000.00 69,000.00 11. CLEARING AND GRUBBING 1 LS 18,000.00 18,000.00 12. STREET SIGNS 6 EA 200.00 1,200.00 TOTAL STREET & SURFACE ITEMS $773,094.00 STREET & SURFACE ITEMS (N.OSO PARKWAY SE OF STREET CL) REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 928 LF 14.00 12,992.00 2. 4" THICK R/C WALK 7602 SF 4.50 34,209.00 3. 4" HMAC 1831 SY 35.00 64,085.00 4. 11" CRUSHED LIMESTONE BASE TO2' BC 2241 SY 28.00 62,748.00 5. 8" LIME STABILIZED SUBGRADE TO 2' BC 2241 SY 8.00 17,928.00 6. CLEARING AND GRUBBING 1 LS 1,100.00 1,100.00 7. EXCAVATION 1 LS 4,300.00 4,300.00 TOTAL STREET & SURFACE ITEMS $197,362.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 2711 LF 48.00 130,128.00 2. FIBERGLASS MANHOLE 12 EA 3,700.00 44,400.00 3. 4" OR 6" PVC PIPE SERVICE 63 EA 480.00 30,240.00 TOTAL SANITARY SEWER ITEMS $204,768.00 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 685 LF 32.00 21,920.00 2. 18" RCP 313 LF 36.00 11,268.00 3. 21" RCP 237 LF 44.00 10,428.00 4. 27" RCP 390 LF 50.00 19,500.00 5. 36" RCP 145 LF 54.00 7,830.00 6. 5' INLET 9 EA 3,500.00 31,500.00 7. MANHOLE 6 EA 4,000.00 24,000.00 8. R/C END -OF -PIPE STRUCTURE ON 36" RCP 1 EA 2,500.00 2,500.00 TOTAL STORM SEWER ITEMS $128,946.00 Exhibit 4 Page 1 of 3 GRID MAIN WATER ITEMS REIMBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 910 LF 60.00 54,600.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 12" CAP TAPPED FOR 2" 1 EA 700.00 700.00 4. 12" TEE 6 EA 850.00 5,100.00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6. 6" GATE VALVE W/ BOX 3 EA 975.00 2,925.00 7. 6" 90° EL 3 EA 300.00 900.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 TOTAL WATER ITEMS $83,675.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" PVC PIPE 2465 LF 32.00 78,880.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 6" GATE VALVE WITH BOX 10 EA 975.00 9,750.00 4. 6" EL, ANY ANGLE 7 EA 200.00 1,400.00 5. 6" CAP TAPPED FOR 2" 3 EA 150.00 450.00 6. 6" TEE 5 EA 300.00 1,500.00 7. 2" PE PIPE 1047 LF 20.00 20,940.00 8. 2" DOUBLE STRAP CONNECTOR TO 6" OR 12" PIPE 2 EA 450.00 900.00 9. 2" GATE VALVE WITH BOX 3 EA 525.00 1,575.00 10. WATER SERVICE, SINGLE 5 EA 500.00 2,500.00 11. WATER SERVICE, DOUBLE 29 EA 600.00 17,400.00 TOTAL STREET & SURFACE ITEMS $146,095.00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE AMOUNT 1. BLANK 2" & 4" PVC CONDUITS FOR AEP 150 LF 15.00 2,250.00 2. TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 1,000.00 1,000.00 3. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM PIPES OF ALL SIZES) 6056 LF 2.00 12,112.00 r,Va. 0 • * p jr•ti I NIXON M. WELSH *36240 44, 10/07/2015 TOTAL MISCELLANEOUS ITEMS SUBTOTAL CONSTRUCTION 10% ENGINEERING, SURVEYING & TESTING TOTAL CONSTRUCTION $15,362.00 $1,549,302.00 $154,930.20 $1,704,232.20 Exhibit 4 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 OSO VIEW WATER ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 07/17/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 GRID MAIN WATER ITEMS REIBURSEABLE BY CITY QUANTITY UNIT UNIT PRICE AMOUNT 1. 12" PVC PIPE 910 LF 60.00 54,600.00 2. FIRE HYDRANT ASSEMBLY 3 EA 3,600.00 10,800.00 3. 12" CAP TAPPED FOR 2" 1 EA 700.00 700.00 4. 12" TEE 6 EA 850.00 5,100.00 5. 12" GATE VALVE WITH BOX 2 EA 3,200.00 6,400.00 6. 6" GATE VALVE W/ BOX 3 EA 975.00 2,925.00 7. 6" 90° EL 3 EA 300.00 900.00 8. 6" DIA X 30" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 SUBTOTAL GRID MAIN WATER ITEMS 10% ENGINEERING, SURVEYING & TESTING SUBTOTAL GRID MAIN WATER ITEMS LESS WATER ACREAGE FEE TOTAL AMOUNT REIMBURSABLE aagogove off' i•frej;.t • Ftax, *N 1 *I . * r NIXON M. WELSH 421 36240 • aa$ tut 4m 10/07/2015 $83,675.00 $8.367.50 $92,042.50 $12,294.90 $79,747.60 Exhibit 4 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor 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. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor 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. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor'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 and completed operations and activities 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. Exhibit 5 Page 3 of 3 City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at: 2406 Leopard Street (Corner of Leopard St. and Port Ave.) City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development, LP STREET: PO Box 331308 CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation V'artnership ❑ Sole Owner ❑ Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) n/a n/a 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title n/a n/a 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee n/a n/a 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant n/a n/a CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaghasi (Print) Signature of Certifying Person: `�.2 ` Title: Partner Date: 10-13-15 K:\DEVELOPMENT SVCS \SHARED \LAND DEVELOPMENT\ORDINANCE ADMINISTRATIONLAPPLICAT ION FORMS\FORMS AS PERLEGAL120121DISCLOSURE OF INTERESTS Page 1 of 2 STATEMENT 1.27.12.DOC Exhibit 6 DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K: DEVELOPMENT SVCS \SHARED ALAND DEVELOPMENT\ORDINANCE ADMINISTRATION APPLICATION FORMS FORMS AS PER LEGAL\2012\DISCLOSURE OF INTEREST S STATEMENT 1.27.12.DOC Exhibit 6 Page 2 of 2 Aerial Overview OSO VIEW AERIAL OVERVIEW MAP t N Aerial AERIAL MAP OSO VIEW 2 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: September 22, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Closing a portion of a utility easement located east of Fort Worth Street and South of Campbell Street. CAPTION: Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1 B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. PURPOSE: The purpose of this item is to eliminate a utility easement and allow for Driscoll Children's Hospital to relocate a City water main in order to build a new parking garage expansion. BACKGROUND AND FINDINGS: Driscoll Children's Hospital (Owner) is requesting the abandonment and vacation of a 1,094 - square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1 B, Hospital Tracts Subdivision, located east of Fort Worth Street public street right-of-way and south of Campbell Street right-of-way. The abandonment and vacation of the utility easement is being requested by the Owner in conjunction with the future development of Driscoll Children's Hospital. Staff recommends that payment of fair market value be waived in accordance with City Code of Ordinance Section 49-13. The Owner will be re -platting said property and upon re -platting will be dedicating a utility easement to off -set the requested abandonment. The owner has been advised of and concurs with the specified conditions of the Ordinance in regards to the easement dedication and the recording and filing of the ordinance. ALTERNATIVES: Denial of the utility easement closure. This will, however, adversely impact the Owner's ability to move forward with future development of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and 49-13. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed utility easement abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the easement closure. The Owners must comply with all the following specified conditions of the easement closure ordinance: a. Owner must dedicate a new utility easement of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance abandoning and vacating a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of the Fort Worth Street and south of Campbell Street; and requiring the owner, Driscoll Children's Hospital to comply with the specified conditions. WHEREAS, Driscoll Children's Hospital (Owner) is requesting the abandonment and vacation of a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1 B, Hospital Tracts Subdivision located east of Fort Worth Street and South of Campbell Street; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 1,094 -square foot portion of an existing 10 -foot wide utility easement, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Driscoll Children's Hospital ("Owner"), a 1,094 -square foot portion of an existing 10 -foot wide utility easement out of a part of Lot 1B, Hospital Tracts Subdivision, located east of the Fort Worth Street public street right-of-way, as recorded in document number 1998003833 of the Official Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, and "Exhibit C", which is the location map which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Owner must dedicate a new utility easement of equal or greater value than the property being released by the City in this easement closure action, in accordance with City of Corpus Christi, Code of Ordinance Section 49-12. b. Upon approval by the City Council and issuance of the ordinance, all grants of easement closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. 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: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor MURRAY BAss, JR., P.E.,R.P.t_.S. NIXON M. WELSH, P.E. R,P,L.S. www. bass-we1sh.corn e-mail: nixmw (i iLoI.Corrl BASS & WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 July 31, 2015 Field Note Description Utility Easement Closure 3054 S. ALAMEDA, ZIP 78404 361 882-5521— FAX 361 882-1265 e-mail: murravjr (1 ilol.COm Being a tract situated in Corpus Christi, Nueces County, Texas, being a portion of that utility easement dedicated to the City of Corpus Christi by Document No. 1998003833, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the north boundary of the heretofore referenced utility easement whence the westmost corner of the easement at the east right-of-way line of Fort Worth Street bears S 58°29'11" W at 18.71 feet; THENCE N 58°29'11" E along the north boundary of the 10 foot wide utility easement a distance of 109.44 feet to a point for the northmost corner of this tract, THENCE S 31'30'49" E a distance of 10 00 feet to a point in the south boundary of the 10 foot wide utility easement for the east most corner of this tract. THENCE S 58°29'11" W along the south boundary of the 10 foot wide utility easement a distance of 109.44 feet to a point for the southmost corner of this tract, THENCE N 31°30'49" W a distance of 10.00 feet to the POINT OF BEGINNING forming a tract embracing 1,094 square feet (0.025acres). rray Bass, Jr., R_P.L.S. Note Basis of Bearing is States of Texas Lambert Grid, South Zone. NAD 1983 MBJ sab 14055 -Field Note -UE Closure.doc EXHIBIT "A" Page 1 of 1 FT. w STREET HOSPITAL TRACTS SUBDIVISION LOT 1A VOL 61 PG 149 10' EASEMENT DEDICATED BY DOC# 1998003833 1 10' EASEMENT DEDICATED BY DOC# 1998003833 N31' PO/N7 OF BEGINNING 0 HOS'ITAL RACT 5 JBDIVI ION LOT I B VOL 61 P 14 M.R.N.C.T. S34-344 0.00 1094 SQ. FT. O O TILITY EASE 1 ENT SURE° 025 ACRES CP Y OF CORPU CHRISTI ;- RAN OR DRISCOLL CHILDREN'S HOSPITAL, TX -GRANTEE Bass & Welsh Engineering 3054 So. Alameda Sl f f II Corpus Christi, Tx. 78404 Exhibit B (361) 882-5521 (phone) (361) 882-1265 (fox) Firm Registration No. F-52 Job No: 14055 Stole: 1"=20' Dote: 8-14-15 Drawing No: 14055-1511E Plotscole: 1=1 Sheet 2 of 2 0/ 15 Nb'Wi:1115 S NOSa30NV C) co r Ln FT WORTH ST Prepared by. Bass & Welsh Engineering 3054 So. Alameda St. Corpus Christi. Tx. 78404 (361) 882-5521 (phone) (361) 882-1265 (fax) `Firm Registration No. F-52 PORTION OF UTILITY EASEMENT TO BE CLOSED SITE ALAMEDA ST LOCATION MAP Exhibit "C" Job No: 14055 Scale: 1"=200. Date: 8-14-15 Drawing No: 14055-15UE Plotscole: 1=1 Sheet 1 of 2 • UTILITY EASEMENT CLOSURE - Driscoll Children's Hospital Driscoll Children's Hospital Easement Closure AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: FROM: October 15, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $665,021 from the Federal Aviation Administration Grant to the Airport Capital Improvement Fund to continue construction/safety enhancements/safety modifications for Runway 17/35 at Corpus Christi International Airport. CAPTION: Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 49 in the amount of $16,345,505 to the City of Corpus Christi to fund for the Runway 17/35; 600 ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; and is now offering amendment 1 for a total amount of $665,021. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced improvements to Runway 17/35 were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $665,021 amendment 1; to Grant 49. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑Operating ❑Revenue ❑Capital ❑Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $16,345,505 $665,021 0 $17,010,526 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $665,021 0 $665,021 BALANCE $16,345,505 $665,021 0 $17,010,526 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 Amendment No. 1 in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -ft Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiway Projects; amending the FY2015- 2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $665,021 each. With a 10% match with Airport Fund Reserves. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. A grant amendment in the amount of $665,021 from the Federal Aviation Administration Grant No. 3-48-0051-049-2012 is appropriated in the No. 3020 Airport Capital Improvement Fund for the Runway 17/35 600 -foot Extension Displacement and Associated Taxiways and the Runway 13/31 Connecting Taxiways Projects. SECTION 2. The FY2015-2016 Capital Budget adopted by Ordinance No. 030621 is amended by increasing revenues and expenditures by $665,021 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor U.S. Department of Transportation Federal Aviation Administration August 17, 2015 Federal Aviation Administration Southwest Region, Airports Division, Texas Airports Development Office Mr. Fred Segundo Airport Director Corpus Christi International Airport 1000 International Blvd. Corpus Christi, Texas 78406 Fort Worth, Texas 76193-0650 Dear Mr. Segundo: This is in response to your letter of August 17, 2015 requesting an amendment to the Grant Agreement for AIP Project No. 3-48-0051-049-2012 at Corpus Christi International Airport, Texas. In accordance with Grant Special Condition No. 16 which states in part: "It is mutually understood and agreed that ... if there is an overrun in the eligible project costs, FAA may increase the grant to cover the amount of overrun not to exceed the statutory fifteen (15%) percent limitation and will advise the sponsor by letter of the increase. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified." This Grant Agreement, accepted on August 1, 2012 is hereby amended by this Amendment No.1 by increasing the amount set forth on Page 2 of the Grant Agreement from $16,345,505.00 to $17,010,526.00. This increase in the maximum obligation is to provide for allowable 4.0 % cost overrun of $665,021.00. If you have any questions or if we can be of additional service, please contact us. S. cer Edward N. Agn , Manager Texas Airports D velopment Office 9/3/2015 Appropriation Allocation Grant 49 Amendment 1 $ 665,021.00 AIP 348-0051-49-12 AU Account Activity Account Amount Runway 17/35 Safety Enhancement 3020-274 550910 E1104661493020C 50910 482,582.00 Runway 17/35 600 ft Extension 3020-274 550910 El 1 0462493020C 50910 182,439.00 Total Grant 49 Amendment 1 $ 665,021.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: FROM: October 15, 2015 Ronald L. Olson, City Manager Fred A. Segundo, Director of Aviation FredS@cctexas.com 289-0171 ext.1213 Appropriating $1,733,597 from the Federal Aviation Administration Grant to the Airport Capital Improvement Fund to continue construction/runway safety for Runways 17/35; 13/31 at Corpus Christi International Airport. CAPTION: Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. PURPOSE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA previously offered Grant 50 in the amount of $23,277,531 to the City of Corpus Christi to fund for the Runways 13/31; 1,000 ft Extension Displacement and Associated Taxiways and the Runway 17/35 NAVAIDS' Site Work and Install Gate 10B; and is now offering amendment 2 & 3 for a total amount of $1,733,597. BACKGROUND AND FINDINGS: During the construction phase, additional opportunities for enhanced improvements to Runways 17/35 and 13/31 were identified. The additional improvements were presented to the FAA Program Manager and approved for additional funding by way of a $1,733,597 amendments 2 & 3; to Grant 50. ALTERNATIVES: The only alternative would be for the additional project costs to be funded entirely from Airport funds or foregoing the additional improvements. Airport staff is of the opinion that improvements provide a substantial benefit to the Airport. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The project is consistent with Airport Master Plan. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Finance Management and Budget FINANCIAL IMPACT: ❑Operating ❑Revenue ❑Capital ❑Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $23,277,531 $1,733,597 0 $25,011,128 Encumbered / Expended Amount $0 $0 0 $0 This item 0 $1,733,597 0 $1,733,597 BALANCE $23,277,531 $1,733,597 0 $25,011,128 Fund: 3020 Airport CIP Fund Grants RECOMMENDATION: Staff recommends approval of the Ordinance LIST OF SUPPORTING DOCUMENTS: Ordinance FAA Letter Ordinance appropriating $1,733,597 from the Federal Aviation Administration Grant No. 3-48-0051-050-2013 Amendments No. 2 and 3 in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension displacement and connecting taxiways, reconstruct and expand north general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects; amending the FY2015-2016 Capital Budget adopted by Ordinance No. 030621 by increasing revenues and expenditures by $1,733,597 each. With a 10% match from the Airport Fund Reserves. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. Grant amendments numbers 2 and 3 from the Federal Aviation Adminis- tration Grant No. 3-48-0051-050-2013 totaling $1,733,597 are appropriated in the No. 3020 Airport Capital Improvement Fund for Runway 13/31, 1,000 -ft extension and dis- placement and connecting taxiways, to reconstruct and expand north general aviation apron, reconstruct east general aviation apron, reconstruct air carrier taxilane, extend Taxiway F, Runway 17/35, NAVAIDS site work, and Gate 10B projects. SECTION 2. The FY2015-2016 Capital Budget adopted by Ordinance No. 030621 is amended by increasing revenues and expenditures by $1,733,597 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor t- dward Agnew Manager, Texas Ai . orts Development Office D U.S. Department of Transportation Federal Aviation Administration August 11, 2015 Airports Division FAA -ASW -650 Southwest Region 2601 Meacham Blvd Arkansas, Louisiana, Fort Worth, Texas 76137 New Mexico, Oklahoma, Texas The Honorable Nelda Martinez Mayor of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear: Mayor Martinez Corpus Christi International Airport AIP Project No. 3-48-0051-050-2013 Letter Amendment No. 02 This letter transmits the Federal Aviation Administration (FAA) current Fiscal Year 2015 statement of the maximum obligation for the multi-year grant agreement for Project No. 3- 48-00516-050-2013. The above -captioned grant agreement commits the FAA, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States, as authorized by Section 47108(a) of the Act, as amended. The maximum obligation is increased by $2,398,618.00 (from $23,277,531.00 to $25,676,149.00) to include the current fiscal year (FY -2015) obligation of the multi-year grant agreement for the subject project. Under the terms of the grant agreement procedures, this document is incorporated into and constitutes Amendment No. 02, to the above referenced grant agreement. All other terms and conditions of the grant agreement remain in full force and effect. If you have any questions about the applicability of this provision, please contact me directly at 817-222-5650. Sincerely Cc: Mr. Fernando Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 U.S. Department of Transportation Federal Aviation Administration August 13, 2015 Airports Division FAA -ASW -650 Southwest Region 2601 Meacham Blvd Arkansas, Louisiana, Fort Worth, Texas 76137 New Mexico, Oklahoma, Texas The Honorable Nelda Martinez Mayor of Corpus Christi, Texas P.O. Box 9277 Corpus Christi, Texas 78469-9277 Dear: Mayor Martinez Corpus Christi International Airport AIP Project No. 3-48-0051-050-2013 Letter Amendment No. 03 This letter transmits the Federal Aviation Administration (FAA) current Fiscal Year 2015 statement of the maximum obligation for the multi-year grant agreement for Project No. 3- 48-0051-050-2013. The above -captioned grant agreement commits the FAA, acting for and on behalf of the United States of America, to increase the maximum obligation of the United States, as authorized by Section 47108(a) of the Act, as amended. The maximum obligation is decreased by $665,021.00 (from $25,676,149.00 to $25,011,128.00.00) to include the current fiscal year (FY -2015) obligation of the multi-year grant agreement for the subject project. Under the terms of the grant agreement procedures, this document is incorporated into and constitutes Amendment No. 03, to the above referenced grant agreement. All other terms and conditions of the grant agreement remain in full force and effect. If you have any questions about the applicability of this provision, please contact me directly at 817-222-5650. Manager, Texas Airports Development Office Cc: Mr. Fernando Segundo Director of Aviation Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406-1801 9/3/2015 Appropriation Allocation Grant 50 Amend 2 & 3 Grant 50 Amendment 2 FY 2015- Entitlement Grant 50 Amendment 3 FY 2015- Entitlement AIP 3-48-0051-50-13 Runway 13/31 (1000 ft) Extension 2,398,618.00 (665,021.00) 1,733,597 00 AU Account Activity Account Amount 3020-274 550910 E110471503020C 50910 1, 733, 597.00 Total Grant 50 Amend 2 & 3 1,733,597.00 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 10, 2015 Second Reading Ordinance for the City Council Meeting of November 17, 2015 DATE: TO: Ronald L. Olson, City Manager 10/13/15 FROM: Arlene Sones, City Auditor arlenas@cctexas.com 826-3661 Approval of 2016 Annual Audit Plan CAPTION: Motion to approve the 2016 Annual Audit Plan. PURPOSE: To request approval of the 2016 Annual Audit Plan by City Council in accordance with the Code of Ordinance Chapter 12 1/2 City Auditor. BACKGROUND AND FINDINGS: Chapter 12 1/2 Section 2 (h) (1) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Council Audit Committee for review and comment prior to submitting it to the full City Council for approval. In developing this plan, we sought input from the Mayor, City Council, the City Manager and his Executive Team, and others. We developed this plan based on areas considered to be of highest risk to the City. Additionally, the Audit Committee approved the cancelation of seven audit projects from the 2014 and 2015 audit plans due to timing issues per authority granted by the Code of Ordinances. These seven projects have been included in the 2016 proposed audit plan. The 2016 proposed audit plan contains six audits and six follow-up audits plus unannounced cash counts and investigation of allegations received through the City Auditor's Hotline for Fraud, Waste, and Abuse. The proposed audit plan was approved by the Audit Committee on October 13, 2015. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects or it could reject the plan in its entirety. NOTE: City Council approved a motion at first reading to remove audit A6 Budget, Zero Based Budget from the proposed plan. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 1/2 City Auditor EMERGENCY / NON -EMERGENCY: Non -Emergency two readings DEPARTMENTAL CLEARANCES: Audit Committee FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X❑ Not applicable Fiscal Year: 2015- 2016 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 Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Ordinance to approve the 2016 Annual Audit Plan Exhibit A — 2016 Proposed Annual Audit Plan Presentation - Audit Plan Ordinance to Approve the 2016 Annual Audit Plan. Whereas, Section 12 1/2 -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each calendar year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the Council Audit Committee reviewed and approved the 2016 Annual Audit Plan at its meeting on October 13, 2015; Whereas, the Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval; Be it ordained by the City Council of the City of Corpus Christi Texas: Section 1. That the City Council has reviewed and does approve the 2016 Annual Audit Plan, copy attached as Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , 2015, by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the day of , 2015. ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A 2016 Proposed Annual Audit Plan Item No. Department & Audit Area Audit Objectives Estimated Hours 2015 Audit Project Carryovers AU14-010 Parks and Recreation Beach Operations Investigate allegations of fraud and improprieties at Beach Operations. In progress AU15-001 Airport Leases Is management ensuring that contract payments from car rental agencies and other lessees are accurate and timely? In progress AU15-F02 Police Department Animal Care Services Follow-up to evaluate status of prior audit recommendations. (AU14-008 Sept. 2014) In progress AU15-002 Public Works Road Construction Are selected service providers, trade contractors, and subcontractors in compliance with contract stipulations? In progress 800 4 Financial Services Bank Reconciliations Are bank statement reconciliations performed accurately and timely? 200 2015 Audit Project Carryover Estimated Hours 1,000 2016 Audit Projects Al Utilities Utility Rate Model Are current rate model assumptions correct? Historically, have the forecasts been accurate? 300 A2 Development Services Funding Is funding appropriate and comparable with best practices? 300 A3 Municipal Court Fee Collections1 Are adequate controls in place for the collections and billing of fees? 800 A4 MIS Financial Software 1 Has management included the appropriate general and application controls in the Infor 800 A5 Various Departments Job Order Contracting Is the JOC method of procuring services used appropriately? 300 A6 Budgct is the City's budgct dcvclopcd in linc bcst 388 Zcro 8ascd Budgcting with fora "zcro bascd budgct?" practiccs F1 CC -NC Health District 1115 Waiver Follow-up to evaluate status of prior audit recommendations. (AU14-009 Jan 2015) 100 F2 CC -NC Health District Grant Accounting Follow-up to evaluate status of prior audit recommendations. (AU14-011 May 2015) 150 F3 Financial Services UBO 2 Follow-up of 2013 recommendations to include review of system controls. (AU12-001 Feb 2013) 200 F4 Financial Services Central Cashiering 1 Follow-up to evaluate status of prior audit recommendations. (AU12-003 Jun 2014) 150 F5 City Attorney's Office Claims 1 Follow-up to evaluate status of prior audit recommendations. (AU14-007 Mar 2015) 50 F6 Parks & Rec Beach Operations Follow-up to evaluate status of prior audit recommendations. (AU14-010 in progress) 150 FR City Auditor Hotline Investigations Receive allegations of fraud, waste, or abuse and conduct investigations as needed. 200 CA Cash Counts Perform unannounced cash counts. 100 Estimated Hours All Projects 4,900 Targeted Audit Hours 4,500 Notes 'Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. 2016 Annual Audit Plan City Auditor's Office Council Presentation 11/10/15 Audit Plan Preparation Begin with mandated audits Seek input • Conduct risk assessment Review with Audit Committee Obtain City Council approval 2 Follow-up Audits F1 Follow-up to evaluate the status of prior audit recommendations. CC -NC Health District, 1115 Waiver F2 CC -NC Health District, Grant Accounting F3 Financial Services, UBO2 F4 Financial Services, Central Cashiering1 F5 City Attorney's Office, Claims'. F6 Parks & Rec, Beach Operations AU14-009 Jan 2015 AU14-011 May 2015 AU12-001 Feb 2013 AU12-003 Jun 2014 AU14-007 Mar 2015 AU14-010 in progress 1Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. 2016 Audit Projects Al Utilities Are current rate model assumptions correct? Utility Rate Model Historically, have the forecasts been accurate? A2 Development Services Is funding appropriate and comparable with best Funding practices? A3 Municipal Court Are adequate controls in place for the collections Fee Collectionsand billing of fees? 'Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. 2016 Audit Projects A4 MIS Financial Software' Has management included the appropriate general and application controls in the Infor Financial System software? A5 Various Departments Is the JOC method of procuring services used Job Order Contracting appropriately? 'Cancelled in 2015 due to possible timing issues related to recent software implementation. 2Additional follow-up requested by Audit Committee. AGENDA MEMORANDUM First Reading for the City Council Meeting of November 10, 2015 Second Reading for the City Council Meeting of November 17, 2015 DATE: TO: November 10, 2015 Ronald L. Olson, City Manager FROM: Rebecca Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Partial Reimbursement of Election Services Overbilling CAPTION: Ordinance accepting payment from Nueces County in the amount of $73,616.52 as partial reimbursement for election services overbilling and appropriating in the No. 1020 General Fund; changing the FY2015-2016 operating budget adopted by Ordinance 030620 to increase revenues and expenditures by $73,616.52. PURPOSE: The purpose of this item is to accept and appropriate the first of two $73,616.52 reimbursements from Nueces County for overbilling of election services. BACKGROUND AND FINDINGS: Nueces County Clerk, Kara Sands, recently notified the City of Corpus Christi (City) that Nueces County (County) had completed an audit of the cost of election services billed to the City by the County from October 2012 through December 2014. The audit revealed that the County had overbilled the City $147,233.04 in elections services costs. The Nueces County Commissioners Court approved full repayment, in two equal installments. The $73,616.52 that is the subject of this memorandum is the first of those two equal reimbursement installment payments. The second, and last $73,616.52 reimbursement payment, is expected to be reimbursed by the County in its next fiscal year, which begins October 1, 2016. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Not applicable. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Legal Department Budget Department Finance Department FINANCIAL IMPACT: ❑ Operating RI Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $73,616.52 $0 $73,616.52 BALANCE $73,616.52 $0 $73,616.52 Fund(s): General Fund Comments: None. RECOMMENDATION: Approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance ORDINANCE ACCEPTING PAYMENT FROM NUECES COUNTY IN THE AMOUNT OF $73,616.52 AS PARTIAL REIMBURSEMENT FOR ELECTION SERVICES OVERBILLING AND APPROPRIATING IN THE NO. 1020 GENERAL FUND; CHANGING THE FY 2015-2016 OPERATING BUDGET ADOPTED BY ORDINANCE 030620 TO INCREASE REVENUES AND EXPENDITURES BY $73,616.52 Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City of Corpus Christi accepts payment from Nueces County in amount of $73,616.52 as partial reimbursement for election services overbilling; appropriating in the No. 1020 General Fund; and changing the FY 2015-2016 Operating Budget adopted by Ordinance 030260 to increase revenues and expenditures by $73,616.52. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rosas That the foregoing ordinance was read for the second time and passed finally on this the day of , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Lucy Rubio Mark Scott Brian Rojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 17, 2015 Second Reading for the City Council Meeting of December 8, 2015 DATE: October 20, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Street Closure for a portion of Hacala Street, located east of Greenwood Drive and south of Frio Street and west of Martin Street. CAPTION: Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and requiring the owners, Corpus Christi Independent School District, and Seaside Builders, LLC to comply with specified conditions. PURPOSE: The purpose of this item is to abandon and vacate a portion of a 60 -foot wide public right-of-way in conjunction with the future Plat of Los Encinos (to be submitted at a later date). BACKGROUND AND FINDINGS: Corpus Christi Independent School District, and Seaside Builders, LLC (Owners) are requesting the abandonment and vacation of an undeveloped and unsurfaced 37,786 -square foot portion (0.87 acres) of a 60 -foot wide public right-of-way, dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map records of Nueces County, Texas. The abandonment and vacation of the undeveloped public street right-of-way is being requested in conjunction with a future Plat of Los Encinos (to be submitted at a later date). Staff recommends that payment of the fair market value be waived because City Code, Sec. 49- 12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. The Owners have been advised of and concur with the conditions of the public street right-of-way abandonment and vacation ordinance. ALTERNATIVES: Denial of the street closure. This will, however, adversely impact the Owner's ability to move forward with future development or sale of the subject property. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The conditions of the ordinance are in compliance with City of Corpus Christi, Code of Ordinances §49-12 (a), as amended and approved on July 13, 2004, by Ordinance No. 025816. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: None of the City departments or franchised utility companies had any facilities within the public street right-of-way, or objections regarding the proposed public right-of-way abandonment. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the ordinance. Owners must comply with the following conditions: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Dedicate a 15 FT wide Utility Easement with a separate instrument for looping the water line on Martin Street within 180 days. d. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Ordinance abandoning and vacating an undeveloped and unsurfaced 37,786 - square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, and requiring the owners, Corpus Christi Independent School District, and Seaside Builders, LLC to comply with specified conditions. WHEREAS, Corpus Christi Independent School District, and Seaside Builders, LLC, a Texas limited liability company ("Owners") has requested the abandonment and vacation of an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas. This closure is being requested in conjunction with the future Plat of Los Encinos (to be submitted at a later date). WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, November 17, 2015, during a meeting of the City Council, during which all interested parties and citizens were allowed to appear and be heard. WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the subject portion of the undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, subject to compliance by the Owners with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Corpus Christi Independent School District, and Seaside Builders, LLC, a Texas limited liability company ("Owner") has requested the abandonment and vacation of an undeveloped and unsurfaced 37,786 -square foot (0.87 acres) portion of a 60 -foot wide public right-of-way, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. Exhibit "A," which is a metes and bounds description of the subject portion, Exhibit "B," which is the graphical representation for the metes and bounds description, and Exhibit "C," which is the location map, are attached to and incorporated in this ordinance by reference as if each were fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the public street right-of-way described in Section 1 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. City staff recommends that payment of the fair market value be waived because City Code, Sec. 49-12, (c)(4) of the City Code of Ordinances eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. b. Upon approval by the City Council and issuance of the ordinance, all grants of streets closures must be recorded at the Owners' expense in the real property Official Deed and Map Records of Nueces County, Texas, in which the subject portion of the property is located, with a copy of the recording provided to the City. Prior to the issuance of any permits for construction on the land, an up-to-date survey, abstracted for all streets, alleys or public rights-of-way, and items of record must be submitted by the Owners to the Director of Development Services. c. Dedicate a 15 FT wide Utility Easement with a separate instrument for looping the water line on Martin Street within 180 days. d. Failure to comply with all the conditions outlined in this Ordinance within the specified time frame will hereby make the Ordinance null and void. 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: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Exhibit A 0.87 Acre Tract STATE OF TEXAS COUNTY OF NUECES Job No. 4916.13502 July 22, 2015 Fieldnotes for a 0.87 Acre Tract of Land (not based on an on -the -ground Survey), being a portion of Hacala Street (not constructed), a 60' public roadway, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, said 0.87 Acre Tract being more fully described as follows: Beginning, at the South corner of the said Los Encinos 10 Acre School Tract, on a Northeast boundary line of a 45.316 Acre Tract described in a Warranty Deed from AHA Housing Alternatives, LLC to Seaside Builders, LLC, as recorded in Document Number 2014045952, of the Official Public Records of Nueces County, Texas, the Northwest Right -of -Way line of the said Hacala Street, for the Southwest corner of the said Hacala Street and this Tract; Thence, North 28°59'00" East, with the common boundary line of the said Los Encinos 10 Acre School Tract and the said Northwest Right -of -Way line, 180.28 Feet, to the beginning of a circular curve to the left, having a delta of 29°18'27", a radius of 438.72 Feet, an arc length of 224.41 Feet, and a chord which bears North 14°19'47" East, 221.97 Feet; Thence, with the said common boundary line and the said circular curve to the left, 224.41 Feet, to the beginning of a circular curve to the right, having a delta of 24°4524", a radius of 498.72 Feet, an arc length of 215.49 Feet, and a chord which bears North 12°03'15" East, 213.82 Feet; Thence, with the said common boundary line and the said circular curve to the right, 215.49 Feet, to the beginning of a circular curve to the left, having a delta of 86°00'03", a radius of 10.00 Feet, an arc length of 15.01 Feet, and a chord which bears North 18°34'04" West, 13.64 Feet; Thence, with the said common boundary line and the said circular curve to the left, 15.01 Feet, to the Southwest Right -of -Way line of Frio Street, 60' public roadway, as shown in the said Volume 26, Page 63, being a Northeast corner of the said Los Encinos 10 Acre School Tract, for the North corner of this Tract; Thence, South 61°33'00" East, over and across the said Hacala Street, 69.49 Feet, to the common Northwest boundary line of the said 45.316 Acre Tract and a 10 Acre Tract (surveyed same date), the Southeast Right -of -Way line of the said Hacala Street, for the East corner of this Tract and the beginning of a non -tangent circular curve to the left, having a delta of 25°25'22", a radius of 438.72 Feet, an arc length of 194.67 Feet, and a chord which bears South 12°23'11" West, 193.07 Feet; Thence, with the said common boundary line and the said non -tangent circular curve to the left, 194.67 Feet, to the beginning of a circular curve to the right, having a delta of 29°18'31", a radius of 498.72 Feet, an arc length of 255.11 Feet, and a chord which bears South 14°19'45" West, 252.34 Feet; Thence, with the said common boundary line and the said circular curve to the right, at 207.11 Feet, pass the West corner of the said 10 Acre Tract, in all 255.11 Feet; S:1Surveying14916185021OFFICEIMETES AND BOUNDS/0.87Aeres_4916B502_Fieldnotes Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Thence, South 28°59'00" West, with the common boundary line of the said 45.316 Acre Tract, the said Southeast Right -of -Way, 179.72 Feet, to the Southwest Right -of -Way line of the said Hacala Street, the said Northeast boundary line, being the inner ell corner of the said 45.316 Acre Tract, for a South corner of the said Hacala Street and this Tract; Thence, North 61°33'00" West, with the common boundary line of the said 45.316 Acre Tract and the said Southwest Right -of -Way line, 60.00 Feet, to the Point of Beginning containing 0.87 Acres (37,786 SWFt) of land, more or less. Bearings based on Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URBAN ENGINEERING James D. Carr, R.P.L.S. License No. 6458 S:1Surveying149161B50210.87 Acres_4916B502_Fieldnotes JDC.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 411727 d E 7,11.37 DAA rnI 67,9 jPo,► 4110 t,a2esT�� Ag s3 4R•�CT LOCATION MAP N.T.S. A -24'45124" R=498.72' L-215.49' T=109.45' CB -N 1703'15" E CL -213.82' A W116'0010311 R-10.00' L-15.01' 1 T-9.33' CB -S 18`34'04" E CL -13.64' :19, 0 100 200 LOT J, tJJTJJI'1 7 .JP]di`o)1AN Jr1LrlNY LmJJt V . A. P.M. L M.FJ.N.v.T. A -2525'22" R-438.728 L-194.67' T=98.96' CB -N 1723'11" E CL -193.07' GRAPA TIC SCALE 1 =100 Los Encinos 10 Acre School Tract Vol. 26, Pg. 63 M.R.N.C.T. 0.87 Acres 37.786 Set. Vol.26, Pg.63 M.R.N.C.T. 10 Acres out of a 45.316 Acre Tract Doc. No. 2014045952 0.P.R.N.C.T (Surveyed Some Date) A 2W18'27" R-438.72' L-224.41' T=114.72' CB -S 14'19'47. W CL -221.97' cf A -29'18'31" R-498.72' L-255.11' T-130.41' CB -S 14'19'45' W Tse `cow CL -252.34' eyP° so�''0 qcr Oo 69s Point of Beginning • 41 Ory a16 r. 45.316 Acre Tract Doc. No. 2014045952 O.P.R.N.C.T eo Exhibit B Sketch to Accompany 0.87 Acre Tract of Land (not based on an on—the—ground Survey), being a portion of Hacala Street (not constructed), a 60' public roadway, as shown and dedicated by Plat of Los Encinos 10 Acre School Tract, a map of which is recorded in Volume 26, Page 63, Map Records of Nueces County, Texas, DATE July 22, 2015 SCALE 1 -100' JOB NO.: 4916.85.02 SHEET: 1 of 1 DRAWN BY: CDS URBAN ENGINEERING TOPE F1R1,1 N0. 145, TBPLS FIRM HO. 10032400 2725 SWANTNER UR, CORPUS 0181511, TX 78404 PHONE 391.954.3101 WWW.URSANENG.GOU EXHIBIT C - HACALA ST - LOS ENCINOS RIGHT-OF-WAY CLOSURE ill ,JT UpRifro e MAIN CSC s� �`` N OP'4RD Ik 37 'r HW 44AR Vicinity Map tp cy�R3 v- y,GR 34 J 0 CR 26 r 4tR 7 CR 28 FM 43 S.gR4T0 0CFgi � Z 0C M �� 4.U' FM 665 q h 4 kr)40 in i. O .tom o? e chi er a N `r0 0 050 �Q- 2 OJ U q 0 4 • CR 14 3 Irl ce CR 12 0 • FM 70 w 3 WHITECAP 0 WINN VICINITY MAP - HACALA ST - LOS ENCINOS RIGHT-OF-WAY CLOSURE UpR��R �m p2 molly 40p4R0 IH 37 KO 44 BEAR o T� y Vicinity Map Amo CR 26 • MCgR 9 FM43 '9'1t0Cq F,.<c? 2' OC6,ry J U SO h 050 e p� U m Q �r CR 14 J2e CR12 0 FM 70 v e WHITECAP 0 WINN Hacala Street Right -of -Way Closure AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 17, 2015 Second Reading for the City Council Meeting of December 8, 2015 DATE: October 27, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Public Hearing and First Reading for Property located at 6810 South Staples Street (FM 2444) CAPTION: Case No. 1015-01 Golden Real Estate and Construction Consulting Group, Inc.: A change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. The property to be rezoned is described as being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive. PURPOSE: The purpose of this item is to rezone the property to allow for the construction of a detached single-family subdivision. RECOMMENDATION: Planning Commission and Staff Recommendation (October 21, 2015): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District. BACKGROUND AND FINDINGS: As detailed in the attached report, the property owner intends to develop a single family residential subdivision consisting of approximately sixty-two (62) lots. The lots are planned to be approximately 5,500 square feet in area with dwelling units ranging from 1,500 to 1,800 square feet in size. Platting of this subdivision will include the extension of Spanish Wood Drive to connect with Timbergate Drive. The request to rezone conforms to the Comprehensive Plan and the Southside Area Development Plan with respect to land use and infill development policies contained therein, and is consistent with the Future Land Use Map which identifies the subject property as low density residential. The request, if approved, would allow development to occur that is compatible with adjacent properties. Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area and the subject property is suited for single-family development. ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan (ADP) and the rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with elements of the Southside ADP and the adopted Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Planning Commission Final Report Location Map - Aerial Map Ordinance amending the Unified Development Code ("UDC"), upon application by Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), by changing the UDC Zoning Map in reference to a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, 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; and providing for a repealer clause and publication. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 21, 2015, during a meeting of the Planning Commission when the Planning Commission recommended approval of the requested the "RS -4.5" Single - Family 4.5 District, and on Tuesday, November 17, 2015, during a meeting of the City Council, 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 the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Golden Real Estate and Construction Consulting Group, Inc. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31, Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM 2444) between Corsica Road and Timbergate Drive (the "Property"), from the "RS -6" Single -Family 6 District to the "RS -4.5" Single -Family 4.5 District, (Zoning Map No. 044032), as shown in Exhibits "A" and "B." Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. The rezoning does not result in a change to the Future Land Use Map. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Ordinance_1015-01 Golden Real Estate & Construction Page 2 of 3 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: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Ordinance_1015-01 Golden Real Estate & Construction Page 3 of 3 TexasGeoTech LAND SURVEYING, INC. EXHIBIT "A" Being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, a plat of which is recorded in Volume A, Pages 41-43 Map Records of Nueces County, Texas, and being more particularly described as follows; BEGINNING at a found 5/8 inch iron rod, being the south corner of Lot 1, Block 3 — The Village at Timbergate Unit 1, a plat which is recorded in volume 67, pages 344-345 of the Map Records of Nueces County, Texas, same being the northeast corner of the tract herein described; THENCE S 28° 37' 53" W — a distance of 394.92 feet to a found 5/8 inch iron rod for the southeast corner of the tract herein described; THENCE N 61° 28' 18" W — a distance of 1322.69 feet to a found 5/8 inch iron rod, being on the north lot line of Lot 6 — Barclay Grove Unit 11, a plat which is recorded in volume 68, pages 302-303 Map Records of Nueces County, Texas, same being the southwest corner of the tract herein described; THENCE N 28° 37' 53" E — a distance of 395.47 feet to a found 5/8 inch iron rod, being on the south lot line of Lot 2, Block 1 — The Village at Timbergate Unit 1, a plat which is recorded in volume 68, page 382 Map Records of Nueces County, Texas, same being the northwest corner of the tract herein described; THENCE S 61° 26' 53" E - a distance of 1322.69 feet to the PLACE OF BEGINNING and containing 12.00 acres more or less. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NAD83 TEXAS SOUTH ZONE. THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. August 19, 2015 150909 el L. Moore egistered Professional Land Surveyor Number 4854 5525 S. STAPLES ST. SUITE B2 - CORPUS CHRISTI, TEXAS 78411- PHONE 361-993-2955 - FAX 361-993-2955 Exhibit "A" 00E7,.N HARBOR .II LLC. •CALLED 7.61 AC.• . 804 85, 0885086 11 D0CJ2014029996 • THE VILLAGE AT TIMBERGATE UNIT 1 BLOCK 1 — LOT2 VOL 68 — PAGE 382 M.R.N.C.T, £XI-11BIT "B" 805 E0, 6[805188 0 LOT 1, BLOCK 1 THE VILLAGE AT TIMBERGATE UNIT 1 VOLUME 67, PAGE 344-345 M. R.N.C.T. 5008 2 0 12.00-. Acres. 522717.26 ..Sq.ft. ti 8005 000, 8885100 2 P.O.B. FND 5/8" I.R. 1" = 200• I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOA LAND SURVEYORS THIS SEPTEMBER 19, 2015. L L. MOORE STERED PROFESSIONAL LAND SURVEYOR LICENSE No. 4854 SURVEY OF: A 12.00 ACRE TRACT OF LAND DEEDED TO GOLDEN REAL ESTATE & CONSTRUCTION GROUP, INC., IN DOCUMENT FILE No. 2012038800 OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 18, 19, 20, 29, 30 & 31 SECTION 11 OF THE FLOUR BLUFF & ENCINAL GARM GARDEN TRACTS, A PLAT WHICH IS RECORDED IN VOLUME A, PAGES 41-43, MAP RECORDS OF NUECES COUNTY, TEXAS. TEXAS GEO TECI-1 ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (381) 993-0808 Fax (381) 993-2955 Completion Date: 09/19/2015 Checked by: VSM Scale: 1" = 100' File Name: 150909"A" Drawn by: RC Surveyed by: JJ & NG Exhibit "B" PLANNING COMMISSION FINAL REPORT Case No. 1015-01 HTE No. 15-10000058 Planning Commission Hearing Date: October21, 2015 Applicant & Legal Description Applicant/Owner: Golden Real Estate and Construction Consulting Group, Inc. Representative: Amir Zarghooni Legal Description/Location: Being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, located approximately 850 feet east of South Staples Street (FM2444) between Corsica Road and Timbergate Drive. Zoning Request From: "RS -6" Single -Family 6 District To: "RS -4.5" Single -Family 4.5 District Area: 12 acres Purpose of Request: To allow for the construction of a detached single-family subdivision. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "RS -6" Single Family 6 Vacant Low Density Residential North "RM -1" Multifamily 1 Medium Density Residential Medium Density Residential South "RS -6" Single Family 6 Low Density Residential Low Density Residential East "RS -6" Single Family 6 Vacant Low Density Residential West "CN -1" Neighborhood Commercial Vacant Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for low density residential uses. The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the adopted Future Land Use Map and the Southside Area Development Plan. Map No.: 044032 Zoning Violations: None Transportation Transportation and Circulation: The subject property has access to Spanish Wood Drive, which the Urban Transportation Plan classifies as a "01" Minor Residential Collector street. Planning Commission Final Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume (2011) Spanish Wood Drive "01" Minor Residential Collector 60' ROW 40' paved N/A N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single - Family 6 District to the "RS -4.5" Single -Family District to allow for the construction of a detached single-family subdivision with a minimum lot size of 4,500 square feet. Development Plan: The property owner intends to develop a single family residential subdivision consisting of approximately sixty-two (62) lots. The lots are planned to be approximately 5,500 square feet in area with dwelling units ranging from 1,500 to 1,800 square feet in size. Platting of this subdivision will include the extension of Spanish Wood Drive to connect with Timbergate Drive. Existing Land Uses & Zoning: The property to the north of the subject property is zoned "RM -1" Multifamily District and is currently developed as the Mirador Retirement Community. The property to the south is zoned "RS -6" Single -Family and is developed with single-family dwellings. The property to the east of the subject property is zoned "RS -6" Single -Family and is vacant. The property to the west is also vacant and is zoned "CN -1" Neighborhood Commercial. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The subject property is not platted. Comprehensive Plan & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "RS -4.5" Single -Family 4.5 District is consistent with the Future Land Use Map designation of the property as low density residential. Department Comments: • The request to rezone conforms to the Comprehensive Plan and the Southside Area Development Plan with respect to land use and infill development policies contained therein. • The request to rezone the property to "RS -4.5" Single Family 4.5 District is consistent with the Future Land Use Map which identifies the subject property as low density residential. • The request, if approved, would allow development to occur that is compatible with adjacent properties. • Approval of the request would not create an adverse impact on the surrounding properties or overall character of the area. Planning Commission Final Report Page 3 • The subject property is suited for single-family development. Planning Commission and Staff Recommendation: Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "RS - 4.5" Single -Family 4.5 District. Public Notification Number of Notices Mailed — 54 within 200 -foot notification area 5 outside notification area As of October 27, 2015: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: 1. Location Map (Existing Zoning & Notice Area) 2. Application K:\DevelopmentSvcs\SHARED\ZONING CASES \2015\1015-01 Golden Real Estate (Amir Zarghooni)\Council Documents\Report for CC_1015-01 Golden Real Estate and Construction.docx r 141 © - 3�44p40. *II?* � �tI` � � � a a �3 p#4km,v ®a�7* *44e Crea ed:9/25/2015 800 Prepared9By: JeremyM// Feet Deepartme t of Dee elbEsinent �Set�{rice/S CASE: 1015-01 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 CR -2 CG -1 CG -2 CI CBD CR -3 FR H BP Resort Commercial Resort Commercial General Commercial General Commercial Intensive Commercial Downtown Commercial Resort Commercial Farm Rural Historic Overlay Business Park IL Light Industrial IH Heavy Industrial PUD Planned Unit Dev. Overlay RS -10 Single -Family 10 RS -6 Single -Family 6 RS -4.5 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV Recreational Vehicle Park RMH Manufactured Home Subject Property O Owners with 200' buffer in favor A Owners within 200' listed on V Owners attached ownership table A in opposition - FM 2444 LOCATION MAP YIN City of Corpus Christi 4Q_i?US Cif 44 REZONING APPLICATION �-� �i Office Use Only Case No.: 1015-01 Map No.: 044032 \ J 4.2 0 PC Hearing Date: 10/21/15 Proj.Mgr: 7852 Hearing Location: City Hall, Council Chambers, 1201 Leopard Street Development Services Dept. P.O. Box 9277 Hearing Time: 5:30 p.m, Corpus Christi, Texas 78469-9277 (361) 826-3240 Located at 2406 Leopard Street * A MAXIMUM OF FIVE REZONINGS CASES ARE SCHEDULED PER HEARING. * INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. 1. Applicant Golden Real Estate & Construction Group, Inc. Contact Person : Amir Zarghooni Mailing Address:5525 S. Staples St. Suite B2 City: Corpus Christi state: Tx ZIP: 78414 Phone: 3(__ 61 ) 510-8249 E-mail: Cell: (361 ) 510-8249 2. Property Owner(s): Amir Zarghooni Contact Person :Amir Zarghooni Mailing Address:46 West Bar -Le -Doc Drive city. Corpus Christi state: TX ZIP:78414361 3(__ 61 ) 510-8249 E-mail: Cell: ( 361 ) 510-8249 3. Subject Property Address: North End ofSpanish Wood Area of Request (SF/acres): 12AC Current Zoning & Use: RS6 Proposed Zoning & Use: RS 4.5 12 -Digit Nueces County Tax ID: 2476 __0011 _ - 0176 T Subdivision Name: TBD Block: N/A Lot(s): N/A Legal Description if not platted: F.B.& ENC FRM GDN TR. 12 ACS OUT OF LTS 17-20 & 29-32 SEC 11 4. Submittal Requirements: o Early Assistance Meeting: Date Held 9-4-15 ; with City Staff Andrew Dimas ❑R Land Use Statement 0 Disclosure of Interest ❑ Copy of Warranty Deed IF APPLICABLE: ❑ Peak Hour Trip Form (if request is inconsistent with Future Land Use Plan) ■ Site Plan for PUD or Special Permit • Metes & Bounds Description with exhibit if property includes un -platted land (sealed by RPLS) ■ Lien Holder Authorization 0 Appointment of Agent Form if landowner is not signing this form I certify that I have provided the City of Corpus Christi with a complete application for review; that I am authorized to initiate this rezoning as or on behalf of the Property Owner(s); and the information provided is accurate. Owner or - .. ignat Applicant's Signature Amir arghooni Owner or Agent's Printed Name Applicant's Printed Name Office Use Only: Date Received: 9/21 Received By: hip ADP: SS Rezoning Fee: 1976.75 + PUD Fee 0 + Sign Fee 10 00 =Total Fee 1986.75 No. Signs Required 1 @ $10/sign Sign Posting Date: 10/6/15 :IDEVELOPM ENTSVCSSSHAREDILAND DEVELOPM ENT'APPLICATION FORMSIREZONINGSZONING APPLICATION 2015.DOC Form Revised 5/12/2015 LAND USE STATEMENT 1. State the purpose of the request and include applicable background information as to the development plan for the property, i.e., usage of property, number and square footage(s) of existing and/or proposed buildings)/unit(s), building(s)/unit(s) height, parking plans/spaces, phasing schedule of development, number of employee(s) associated with the office, business or industrial development, hours of operation, modification or demolition plans for existing structure(s), type, area and setback of signage, etc. The purpose of this request is to change the zoning of this property from RS -6 to RS - 4.5. The property is currently a vacant, unplatted 12 acre tract located at the north end of Spanish Trail Drive. The existing property to the east is occupied by an elementary school. The existing property to the south is occupied by single family residential subdivisions. The existing property to the west is primarily vacant property up to South Staples Street. The existing property to the north is occupied by a Targe independent and assisted senior housing facility. There is also a multi -unit apartment complex under construction in this area. The proposed use of the property will provide for the construction of a detached single family residential subdivision, containing approximately 62 lots of approximately 5,500 square feet in area. It is currently anticipated that the homes to be built on these lots will be based on 1,500 to 1,800 square feet of living space. Construction of the subdivision will include extension of City water, wastewater, and storm water systems, and new street construction, including the extension of Spanish Woods Drive to connect to Timbergate Drive. 2. Identify the existing land uses adjoining the area of request: North - Medium Density Residential South - Low Density Residential East - Institutional - Education West - Vacant C:1USERS,TANYAR.00O}DESKTOF4O4ILY USE ANNJKAl4ANO USE STATEMENT FOR ?ONING.DOC APPOINTMENT OF AGENT As owner of the subject property, I hereby appoint the person designated below to act for me, as my agent in this request. Name of Agent: Texas Geo Tech, Engineering & Land Surveying, Inc. Mailing Address: 5525 S. Staples St. Suite B2 City: Corpus Christi State: Tx Zip: 78411 Home Phone: ( ) Business Phone: ( 361 ) 993-0808 Cell: (361 ) 438-2850 I acknowledge and affirm that I will be legally bound by the words and acts of my agent, and by my signature below, I fully authorize my agent to: Be the point of contact between myself and the City of Corpus Christi; make legally binding representations of fact and commitments of every kind on my behalf; grant legally binding waivers of rights and releases of liabilities of every kind on my behalf; consent to legally binding modifications; conditions, and exceptions on my behalf; and, to execute documents on my behalf which are Iegally binding on me. I understand that the City of Corpus Christi will deal only with a fully authorized agent. At any time it should appear that my agent has less than full authority to act, then the application may be suspended and I will have to personally participate in the disposition of the application. I understand that all communications related to this application are part of an official proceeding of City government and, that the City will rely upon statements made by my agent. Therefore, I agree to hold harmless and indemnify the City of Corpus Christi, its officers, agents, employees, and third parties who act in reliance upon my agent's words and actions from all damages, attorney fees, interest and costs arising from this matter. If my property is owned by a corporation, partnership, venture, or other legal entity, then I certify that I have the legal authority to make this binding appointment on behalf of the entity, and every reference herein to "1", "my", or " *Signature of Agent: e' is a referen to the e»tity. 6 Printed/Typed Name of gent: Roberto Card'nas *Signature of Property Owner: Title: owner Date: 9-18-15 Title: owner Printed/Typed Name of Property Owner: Ir arg nl Date: 9-18-15 *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Signature of Property Owner: Title: Printed/Typed Name of Property Owner: Date: *Application must be signed by the individual applicant, each partner of a partnership, or by an authorized officer of a corporation or association. D.W.Brown.APPOINTMENT OF AGENT2-19-09.doc cii" cy4, DISCLOSURE OF INTERESTS 44, ohJ NAME: City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". Golden Real Estate & Construction, Inc. (Amir Zarghooni) STREET: 46 West Bar -Le -Doc Drive CITY: Corpus Christi Zip: 78414 FIRM is:QCorporation °Partnership Sole Owner °Association 0Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name NIA Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Board, Commission, or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Amir Zarghooni Title: owner (Print Name) Signature of Certifying Person- 4 K:SDEVELOPMENTSVCStSHAREDSLAND DEVELOPM PP� Date: 9-18-15 0 FORM5IREZONINGSDISCLOSUREOFINTERESTS SfATEMENT_5.12.2D15.DOC TexasGeoTech LAND SURVEYING, INC. EXHIBIT "A" Being a 12.00 acre tract of land deeded to Golden Real Estate and Construction Group, Inc., in document File No. 2012038800 Official Public Records Nueces County, Texas and being out of Lots 18, 19, 20, 29, 30 and 31 Section 11 of the Flour Bluff & Encinal Farm Garden Tracts, a plat of which is recorded in Volume A, Pages 41-43 Map Records of Nueces County, Texas, and being more particularly described as follows; BEGINNING at a found 5/8 inch iron rod, being the south corner of Lot 1, Block 3 — The Village at Timbergate Unit 1, a plat which is recorded in volume 67, pages 344-345 of the Map Records of Nueces County, Texas, same being the northeast corner of the tract herein described; THENCE S 28° 37' 53" W — a distance of 394.92 feet to a found 5/8 inch iron rod for the southeast corner of the tract herein described; THENCE N 61° 28' 18" W — a distance of 1322.69 feet to a found 5/8 inch iron rod, being on the north lot line of Lot 6 — Barclay Grove Unit 11, a plat which is recorded in volume 68, pages 302-303 Map Records of Nueces County, Texas, same being the southwest corner of the tract herein described; THENCE N 28° 37' 53" E — a distance of 395.47 feet to a found 5/8 inch iron rod, being on the south lot line of Lot 2, Block 1 — The Village at Timbergate Unit 1, a plat which is recorded in volume 68, page 382 Map Records of Nueces County, Texas, same being the northwest corner of the tract herein described; THENCE S 61° 26' 53" E - a distance of 1322.69 feet to the PLACE OF BEGINNING and containing 12.00 acres more or less. BEARINGS AND DISTANCES ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM NAD83 TEXAS SOUTH ZONE. THIS SURVEY WAS PERFORMED UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. August 19, 2015 150909 el L. Moore egistered Professional Land Surveyor Number 4854 5525 S. STAPLES ST. SUITE B2 - CORPUS CHRISTI, TEXAS 78411- PHONE 361-993-2955 - FAX 361-993-2955 0087^.N HARBOR .II LLC. •CALLED 7.61 AC.• . 805 85, 0885000 11 D0CJ2014029996 • THE VILLAGE AT TIMBERGATE UNIT 1 BLOCK 1 — LOT2 VOL 68 — PAGE 382 M.R.N.C.T, £XI-11BIT "B" 804 06, 61805100 0 LOT 1, BLOCK 1 THE VILLAGE AT TIMBERGATE UNIT 1 VOLUME 67, PAGE 344-345 M. R.N.C.T. 5008 2 0 12.00-. Acres. 522717.26 ..Sq.ft. ti 805 00, MEM 2 P.O.B. FND 5/8" I.R. 1" = 200• I, JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOA LAND SURVEYORS THIS SEPTEMBER 19, 2015. L L. MOORE STERED PROFESSIONAL LAND SURVEYOR LICENSE No. 4854 SURVEY OF: A 12.00 ACRE TRACT OF LAND DEEDED TO GOLDEN REAL ESTATE & CONSTRUCTION GROUP, INC., IN DOCUMENT FILE No. 2012038800 OFFICIAL PUBLIC RECORDS NUECES COUNTY, TEXAS AND BEING OUT OF LOTS 18, 19, 20, 29, 30 & 31 SECTION 11 OF THE FLOUR BLUFF & ENCINAL GARM GARDEN TRACTS, A PLAT WHICH IS RECORDED IN VOLUME A, PAGES 41-43, MAP RECORDS OF NUECES COUNTY, TEXAS. TEXAS GEO TECI-1 ENGINEERING & LAND SURVEYING, INC 5525 S. STAPLES ST. SUITE B2 Corpus Christi, TX 78411 (381) 993-0808 Fax (381) 993-2955 Completion Date: 09/19/2015 Checked by: VSM Scale: 1" = 100' File Name: 150909"A" Drawn by: RC Surveyed by: JJ & NG PEAK IIOUR TRAFFIC (PHT) FORM A Traffic Impact Analysis (TTA) determination must be made prior to the submittal of any rezoning application, site plan or street closure request. The Peak Hour Traffic Generation (PHT) Form is required to be completed for developments that are projected to contain 500 or fewer weekday peak hour (A.M. or P.M.) trips (UDC Section 3.29.4). Development Services 2406 Leopard Street, Corpus Christi, TX 78408 Phone: (361)826-3240 www.eclexas.com Property Address: Nov&h e.44 5frai444 Wood t?v je Legal Description (Subdivision, Lot, Block): 'CO i* �F6, /Z Arc. "'eV eV /? ro 4 74-32•, Applicant Name: Golden Real Estate & ConsUtuction Group, inn Address: a Wel+ $at.- L- Dex, DrAee City/State/Zip: Telephone: (?00 'CA) - 9211f Email: ericzarghoonl Application Status (Select One): Existing Land Use malloom Co?uy G'/i✓.si' Rezoning ❑ Site Plan QStreet Closure Tract Acres Unit of Measure Zoning Land Use I.T.E. Code A.M. Trip Rate Peak A.M. Trips P.M. Trip Rate Peak P.M. Trips /Z, o A .. KS -(o Vrtatai f — — — — ---- _ at>kd Proposed Proposed Land Use Tract Acres Unit of Measure Zoning Land Use LT.E. Code A.M. Trip Rate Peak A.M. Tris P.M. Trip Rate Peak P.M. Tn s 6Z- Deileall A'5 44.5- /Z511444-14 44-14 Z/o x.77 tiftf5 /. D2-•'tj _ at>kd Total e Total 0 3 Abutting Streets Street Name Access Proposed To Street? Pavement Width (ET) ROW Width (FT) -5/24 /4m h Wood ,Drive yes .yo' 3-$ & O_ o For City Use Only A Traffic Impact Analysis Mrequired. The consultant preparing the TIA must meet with the City to discuss the scope and requirements of the analysis prior to beginning the TIA. A Traffic Impact Analysis is NOT required. The proposed traffic generated does not 1=1exceed the established threshold. The Traffic Impact Analysis has been waived for the following reason(s): Reviewed By: t...i.ArL AA, tt Date 10/12/2t.. Note: This compkted and reviewed farm must accompany any subsequent application for the IDENTICAL project. CHANGES to the proposed project will require a new TIA determination to be made. Aerial Overview AGENDA MEMORANDUM Future Item for the City Council Meeting of November 10, 2015 Action Item for the City Council Meeting of November 17, 2015 DATE: October 28, 2015 TO: Ronald L. Olson, City Manager FROM: Miles Risley, City Attorney MilesR@cctexas.com 826-3360 Corpus Christi Regional Transportation Authority Forensic Audit CAPTION: Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority finances and accounting practices PURPOSE: To issue a letter regarding forensic audit of the Corpus Christi Regional Transportation Authority BACKGROUND AND FINDINGS: ALTERNATIVES: N/A OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: LIST OF SUPPORTING DOCUMENTS: Resolution Letter to Corpus Christi Regional Transportation Authority Resolution authorizing issuance of a letter to the Corpus Christi Regional Transportation Authority requesting a forensic audit of the Corpus Christi Regional Transportation Authority's finances and accounting practices Be it resolved by the City Council of the City of Corpus Christi, Texas: The City Council of the City of Corpus Christi, Texas authorizes the issuance of a letter to the Corpus Christi Regional Transportation Authority Board of Directors requesting a forensic audit of finances and accounting practices of the Corpus Christi Regional Transportation Authority. Attest: City of Corpus Christi Rebecca Huerta, City Secretary Nelda Martinez, Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Corpus Christi Regional Transportation Authority Board of Directors 5658 Bear Lane Corpus Christi Texas 78405 Re: Request for forensic audit of the finances and accounting practices of the Corpus Christi Regional Transportation Authority Dear Corpus Christi Regional Transportation Authority Board of Directors: We desire to ensure the Corpus Christi Regional Transportation Authority ("RTA") properly addresses its apparent lapse of effective internal monetary controls and deters future theft of taxpayer funds. Accordingly, we hereby request that the RTA board appoint a three member audit team made up of Corpus Christi City Manager Ron Olson, Nueces County Judge Loyd Neal, and current RTA board member Tom Niskala. This audit team will recommend an outside audit firm that will conduct a complete forensic audit of the RTA finances and accounting practices and make recommendations for how the RTA should improve those practices. We request the RTA then perform this audit in accordance with the recommendation. We also request the RTA's current CEO ensure that a proper response is formulated for each of the auditor's recommendations and that steps are taken to implement those recommendations without delay. We request the RTA CEO distribute the final audit along with the RTA's responses to the local media, including but not limited to the Corpus Christi Caller Times, and all local TV stations and on the RTA's website under Financial Reports. This will ensure the public is fully informed concerning the audit report findings and the RTA's plans to address those findings. The three member audit team will be responsible for reviewing the auditor's recommendations and ensuring they are properly addressed via reports to the Corpus Christi City Council, the Nueces County Commissioner's Court, and the RTA Board. The cost of this audit will be paid for by the RTA. This is an attempt to restore the public's trust in how the RTA conducts business and expends taxpayer's money. It is our hope that the RTA CEO, its staff, and board members will focus their future efforts on improving and maintaining that public trust. We retain the right to reach out to the State Auditor concerning this issue. Sincerely CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY November 10, 2015 5658 Bear Lane I Carpus Christi, Texas 78405 I p 361-289-2712 I f. 381-289.3057 I www.ccrta org Mayor Nelda Martinez and Members of the City Council City of Corpus Christi, Texas 1207 Leopard Street Corpus Christi, Texas 78401 Re: RTA Audits Dear Mayor Martinez and Members of the City Council: 4 ReCe� 1115 Officef ed The Mayor We reviewed the item on your "Future Agenda" on Tuesday, November 10, 2015, concerning the request for a "forensic audit" of the Corpus Christi RTA. As you are aware, the RTA was the victim of a fraud perpetuated by a former employee and his supervisor who set up a bogus company and charged CNG supply parts to the RTA. Although the RTA has a three-part check and balance system in place to deter thefts of this nature, the complicity by the supervisor and the supervisor's direction to the Parts Department not to provide the third step in the verification thwarted those safeguards. The Iost funds were identified immediately, and CCPD is working on the case and developing it for prosecution. As part of that process, the RTA engaged an outside consultant to confirm that none of the claimed parts actually were delivered or installed in the system in order to address initial questions raised on this issue by CCPD. A separate incident arose concerning the theft of certain employee scholarship funds, and that matter also has been thoroughly investigated. In both of these cases, the RTA financial systems in place were able to identify where the funds were expended and the employment of the responsible employees has been separated from the RTA. As you are aware, the City of Corpus Christi has been the victim of employee fraud from time to time in the past as have other governmental entities. The internal control procedures largely are the same and are designed to require a minimum of two and often three steps in verification on expenditures. Regardless of which governmental entity is involved, however, on some occasions those internal controls can be thwarted temporarily resulting in a loss. In this case, the managing director of that area was reviewing expenses and noticed something unusual that prompted the investigation. As mentioned above, the RTA already has engaged and obtained the report of an outside consultant on the equipment that supposedly was being maintained with the bogus parts in order to have verification for CCPD of the loss. The RTA Board also has engaged its outside auditors, Collier, Johnson & Woods, to perform a special audit of several functions within the RTA including where these recent funds were lost. This auditing firm also has performed the outside audit for the City of Corpus Christi. Letter to Mayor and City Council Page 2 In your proposed letter, you specifically are requesting that a "forensic audit" be done at the RTA. A forensic audit is a type of audit designed to develop evidence for a prosecution or litigation. It typically involves taking limited information available and extrapolating financial statements or other financial information to fill in the gaps based on the expert opinions of the auditor. Based on the expert advice we have received from our outside auditors, a "forensic audit" doesn't make sense in the present situation for the following reasons: 1. The RTA's financial information is complete — no financial information is missing. All of the missing funds have been identified and confirmed as to exactly what was taken and how it was taken. The RTA's transparency in financial records is unprecedented in that a running check register disclosing every dollar the RTA spends is published on the RTA's website and available for inspection. The expenditures are audited and reconciled with revenues and the financial statements, so all of the financial records are complete. 2. The information requested by CCPD for development of the prosecution already has been provided. Investigators did not require any additional financial information in order to prepare a case for prosecution, but they did need confirmation that the purportedly purchased CNG parts in fact did not exist and never were acquired. To resolve that issue, the RTA engaged an outside consultant to examine the RTA's CNG equipment and confirm that none of the purportedly purchased replacement parts had been installed in the equipment or were maintained in inventory. 3. The RTA's situation does not require a forensic auditor to provide an opinion as to financial conditions based on limited information but an outside auditor to examine the financial systems in place to determine any material weaknesses. The RTA staff and Board have consulted with their outside auditors and a forensic audit is not recommended. Since the financial records are complete and clearly show where the losses occurred, a forensic audit is not required to fill in the gaps of limited information. Instead, the audit professionals have recommended a special audit to examine the RTA's financial management systems to determine if any material weaknesses exist that could put funds at risk in the future. Unless you have available a different professional opinion on what a forensic audit would provide in the present situation that is different from the above, the expert advisors for the RTA are confirming that a forensic audit is not needed at this point. Perhaps it is easier to understand by the following comparison: If the missing funds had been the case of $50,000 being lost and unaccounted for, a forensic auditor's services would be needed to determine actually where the $50,000 went. In this situation, the RTA knew from the beginning exactly how much money, in what checks, on what dates, and to whom the funds were paid. Our public financial records confirm to the penny what money was taken and where it went. This is not a case of missing information that requires an expert to assist in determining where the money actually went. Letter to Mayor and City Council Page 3 Based on these findings, the outside auditors recommended, and the RTA Board unanimously approved, obtaining a special audit from the outside firm to determine if any material weaknesses exist in the RTA's financial management systems. The outside firm will investigate all departments that regularly expend funds for goods and services to make sure that the best system of checks and balances is in place in order to help avoid any future losses. While the outside auditors will report their findings to the Board, those findings will be immediately made public and shared with the City, the County and other interested local officials. The laws governing the RTA, Chapter 451 of the Texas Transportation Code, already provide that copies of audits are provided to the County Judge and the Mayor, and those copies can be provided to each County Commissioner, the City Manager and the members of the City Council. The RTA will continue to be completely transparent in this investigation, and if any of the other public officials in the community have questions or comments on the audit's findings, those can be addressed. As for the creation of a special committee of the County Judge, the City Manager and an RTA Board member to control the audit, the RTA bylaws and procedures provide for the creation of ad hoc advisory committees that may include non -RTA board members to advise the Board. The RTA has an Audit Committee comprised of several Board members similar to the organization of the City Council and other entities. As noted above, the RTA already has engaged the auditors and the auditing work is underway, and the findings will be released immediately to the County Judge and Commissioners and the Mayor and City Council. It would be fine if the County Judge and the Mayor or City Manager would like to get together to discuss the findings and recommendations, but the RTA does not want to delay the auditing process already underway. Based on the above concerns, the RTA respectfully disagrees with the call for a forensic audit at the RTA or to delay the audit currently underway with the formation of an outside committee. The RTA remains resolved to prosecute the responsible parties to the fullest extent possible and examine its financial systems to make every effort to avoid future losses. All financial activities at the RTA will remain fully transparent and available for public inspection and comment by any interested parties. Copies to: City Secretary City Manager City Attorney Very truly yours, Evangelina Chapa Board Chair eLe- AGENDA MEMORANDUM First Reading for the City Council Meeting of November 17, 2015 Second Reading for the City Council Meeting of December 8, 2015 DATE: October 26, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Exemption from the Wastewater Acreage/Lot Fees for Layton Manor, Block 1, Lot 4 located east of Flour Bluff Drive within the Laguna Madre Area (Wastewater Collection System Master Plan). CAPTION: Ordinance exempting Layton Manor, Block 1, Lot 4 from the payment of wastewater lot and acreage fees pursuant to Section 8.5.2.G.1. of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the property owner of Layton Manor, Block 1, Lot 4 from paying $7,902.13 in wastewater lot and acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Mr. Jack L. Tucker, Trustee, Jack L. Tucker, Protection Trust, is requesting the City to waive the Sanitary Sewer (Wastewater) Lot and Acreage Fees for Layton Manor, Block 1, Lot 4 by providing an exemption for this area. The subject property is located east of Flour Bluff Drive and north of Ramfield Road, in the Flour Bluff area of the City. Currently, this section of the Laguna Madre Service Area does not have any wastewater services available for the property. It is Staff's opinion that wastewater facilities will not be available within the next 15 years unless these improvements are included in a bond project. Section 8.5.2.G.1. of the Unified Development Code (UDC) outlines the exemption of payment of wastewater lot or acreage fees if the land for which the fees are required lies within an area exempted by City Council for the payment of such fees. Exempted areas are determined by City Council and generally are those areas not likely to be served by City wastewater services within the next fifteen (15) years. This section also provides that owners of property for which an acreage fee has been paid may receive a refund if, after 10 years, but not more than 20 years from the date of the filing of the plat, the owners of 50 percent of the property petition City Council for a hearing to determine whether the fees should be refunded. A refund may be made if City Council finds that, among other things, the property is not likely to receive services within another 5 years. ALTERNATIVES: Require the developer to pay the applicable wastewater lot and acreage fees in the amount of $7,902.13 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund which will include a 5 1/2 percent interest per annum from the date of filing of the final plat. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On October 21, 2015, the Planning Commission recommended City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: On October 21, 2015, the Planning Commission and Staff recommended that City Council approve the exemption of the wastewater lot and acreage fees subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot and acreage fees in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance with Sanitary Sewer Connection Agreement Exemption Request Letter with Exhibit Location Map Page 1 of 2 ORDINANCE EXEMPTING THE LAYTON MANOR, BLOCK 1, LOT 4 PROPERTY LOCATED EAST OF FLOUR BLUFF DRIVE AND NORTH OF RAMFIELD ROAD, FROM THE PAYMENT OF THE WASTEWATER LOT/ACREAGE FEES UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Layton Manor, Block 1, Lot 4 (Property) located east of Flour Bluff Drive and north of Ramfield Road and is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Property be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, City Staff and the Planning Commission recommend that City Council find that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Layton Manor, Block 1, Lot 4 (Property), located east of Flour Bluff Drive and north of Ramfield Road, is not likely to be served by city wastewater service within the next fifteen (15) years and is exempt from the payment of wastewater lot or acreage fees at this time, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. SECTION 3. Publication shall be made in the City's official publication as required by the City's Charter. 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: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Chad Magill Carolyn Vaughn Colleen McIntyre Rudy Garza Lillian Riojas Brian Rosas Mark Scott Lucy Rubio PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Jack L. Tucker, Trustee, Jack L. Tucker Protection Trust, 1730 Ramfield Road, Corpus Christi, Texas 78418 hereinafter called "Developer/Owner." WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Layton Manor, Block 1, Lot 4, hereinafter called "Development," (Exhibit 1); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. Sanitary Sewer Connection Agreement Layton Manor, Block 1, Lot 4 Page 2 City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPERIOWNER, COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF THE GRAND RESERVE UNIT 2, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. Sanitary Sewer Connection Agreement Layton Manor, Block 1, Lot 4 Page 3 EXECUTED original, this DEVELOPER/OWNER: ack L.Tucker Trustee Jack L. Tucker Protection Trust STATE OF TEXAS § COUNTY OF NUECES § nd day of OLL4=5 %e r , 2015. This instrument was acknowledged before me on this , day of _1' be , 2015, by Jack L. Tucker. 1 — ^�, DIANA C RAMIREZ My CommissionnExpires November 11, 2017 APPROVED: _ 4I otary Public, State. of Texas This day of , 2015 By: Daniel M. Grimsbo, P.E., AICP Development Services Director APPROVED as to form: By: Julian Grant Senior Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Layton Manor, Block 1, Lot 4 Page 4 W V IL CMU Z M 0LU - Jr f - N 0 6 F- 0 4 Q H 3 In 0 >FogE✓ J In 2 rQq 2 IN 04 ry F Ls. n. 0 4- 0 0 j 2 0 z rs wn 13Inf7V'S►-I1,'fii Y A 1T17/3 V 11.3 6S ItaLIZ II'Ni 1oi OCYa►N7i1 'Ay aia 1 3 N ,OI'Oa ss. -0n 80NVNI NOiAV, 1 )1001G '£101 AOOZCI AL.00,90.05 ,009Z0 3,00,9CYZN Ames maw w NM am. mwu 1 51'11114 '£5.-11? '64 '111-10A 6£ N01133S '62 101 i„LI gi dig/ heli la i it N. q i gr :111S 1' 1 ,,.#. higt n v4 5 EXHIBIT 1 LJA Engineering, Inc. 820 Buffalo 81. Corpus Chrisli, TX 78401 TBPE N9 F 1386 September 3, 2015 Phone 361 887.8851 Fax 361 887.8855 www ijaeng neenng.com TB PLS Ns 10016600 City of Corpus Christi Development Services P.O. Box 9277 Corpus Christi, TX 78469-9277 114 SEP 4 2015 1w DEVELOPMENT SERViCiS FPFC.IAL SER'4'OGI5 _ .1 ATTN: Ratna Pottumuthu, P.E. Major Projects Engineer RE: Layton Manor, Block 1, Lot 4(5.027 Acres) —Wastewater System Acreage Fee Waiver Project: 0815113-P027 (15-22000032) Dear Ms. Garcia: On behalf of the developer, UA Engineering, Inc. is requesting that the City waive the Wastewater System Lot/Acreage Fee for Layton Manor, Block 1, Lot 4. Section 8.5.2.G. of the City of Corpus Christi Unified Development Code states that an area not likely to be served by City wastewater services within the next fifteen (15) years is eligible for an exemption if agreed to by the City Council. The nearest wastewater line and manhole is over one mile away and located along Flour Bluff and south of Purdue Road with no current plans to extend the system to the subject property pm Ramfield Road. See Exhibit 'A' for location of waste water line and nearest manhole. Additionally, the adjacent existing property owners utilize septic tanks, and the sanitary sewer design for Layton Manor, Block 1, Lot 4 will utilize a septic tank. Enclosed is a check in the amount of the $60.00 fee for requesting a Wastewater System Lot/Acreage Fee exemption determination. Please let us know if any additional information or processes are required. Please advise as to the next step in obtaining an exemption for Layton Manor, Block 1, Lot 4 from the Wastewater System Lot/Acreage Fee. Sincerely, UA Engineering, Inc. O‘fAtee• Albert Franco, Jr., P.E., RPLS Corpus Christi Survey Manager Revised 12113!11 ME 111x1: k .DY1aiN[Isw %COX Iola IIa - d\11631 - __ ! b• TI••lu•eNnil w••1w M.be Wan a NM CO >oP 2013 113 MI6 n 1 �� SEP 4 1!J l___.... DE'ELOPMEN1 SERVICES SPECIAL SERVICES 1 • 1111 Iltlld•• �l- —� IlRtll I 1I1i1 11111111'111y ;NM 111111ru11.1 : %ITflj /11111 111111 (lull :Au Julian minim nun IIIIIIr1ARA1p11111r11 11 allaalI111IWI1P A CO: �Rn =uu>lnnT Mel ■ OSO BAY ASTE - PL.A I S�RVI SHORTEST ROUTE 9.570' L GRAPHIC SCALE 1000' 2000' 3000 4000' Exhibit 'A' WASTEWATER SERVICE AREA WALDRON FlELO LEGEND • EXISTING WASTEWATER MANHOLE — EXISTING WASTEWATER UNE • EXISTING WASTEWATER UFT STATION TBPE FIRM REG. NO. F-2037 P.O.Box 2927 (78403) 520 Buffalo Street (79401) Corpus Christi, Texas phone: 361.687.8851 fox•. 381.887.8855 e–moil: rvsOrve–Inc.com engineering -surveying website: www.rve–Inc.com LAYTON MANOR WASTEWATER EXEMPTION REQUEST LOCATION MAP Corpus $!,ri ri troy > SUBJECT (`1,0 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 17, 2015 Second Reading Ordinance for the City Council Meeting of December 8, 2015 DATE: October 28, 2015 TO: Ronald L. Olson, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3932 Acceptance of a grant from the Coastal Bend Regional Advisory Council in the amount of $10,000 to support the Web Based Emergency Operations Center (WebEOC). CAPTION: Ordinance authorizing the City Manager or designee to accept a grant from the Coastal Bend Advisory Regional Council in the amount of $10,000 for the benefit of the City's WebEOC operations; and appropriating $10,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. PURPOSE: The Coastal Bend Regional Advisory Council (CBRAC) has forwarded to the City a check as a grant in the amount of $10,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. This is the sixteenth year the Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distributions. ALTERNATIVES: If we don't accept the grant, we will have to seek alternative funding. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Council approval of ordinance to accept and appropriate grant funds. EMERGENCY / NON -EMERGENCY: Staff is requesting a non -emergency reading to this routine, non -controversial item. DEPARTMENTAL CLEARANCES: Legal Finance — Grants and Office of Management and Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $10,000.00 $10,000.00 BALANCE $10,000.00 $10,000.00 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of this ordinance to execute all documents necessary to accept the donation and appropriate the funds in the amount of $10,00.00. LIST OF SUPPORTING DOCUMENTS: 1) Ordinance Ordinance Authorizing the City Manager or designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $10,000 for the benefit of the City's WebEOC operations; and appropriating $10,000 from the Coastal Bend Regional Advisory Council into the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. BE IT ORDAINED 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 Coastal Bend Regional Advisory Council in the amount of $10,000 for the benefit of the City's WebEOC operations. SECTION 2. That $10,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the Corpus Christi Fire Department's WebEOC. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas That the foregoing ordinance was read for the second time and passed finally on this the day of , , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED, this the th day of ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: October 13, 2015 TO: Ronald L. Olson, City Manager FROM: E. Jay Ellington, Director JayEll@cctexas.com 361-826-3464 Aviator Memorial Donation Agreement for Ropes Park CAPTION: Motion authorizing the City Manager or designee to execute an agreement with NAS Corpus Christi Aviator Memorial Association for the donation and acceptance of the aviator statue made by Total Statue to be placed in Ropes Park. PURPOSE: To approve an agreement between with the NAS Corpus Christi Aviator Memorial Association for the donation, acceptance and maintenance of Naval Aviator Statue at Ropes Park. BACKGROUND AND FINDINGS: In early 2015 the NAS Corpus Christi Aviator Memorial Association (CCAMA) approached the Parks and Recreation Department (PARD) about placing a memorial/statue in one of the bayfront parks to commemorate fallen aviators. After reviewing several locations and working with PARD Staff, the CCAMA selected Ropes Park as a viable site for the statue. The Parks and Recreation Advisory Committee approved the location and the project during their July 2015 meeting. The memorial will feature a lighted 7 -foot bronze aviator statue on a 2 -foot pedestal surrounded by a brick walkway with benches. This is a reproduction statue made by Total Statue in Provo, Utah. The CCAMA has contracted with Gourley Contracting to build the memorial. Upon completion the statue will be donated to the City, however, the CCAMA will continue to be responsible for the maintenance of the statue, lighting and walkway. Because this statue is a reproduction it will not become a unit of the Permanent Art collection and does not require the approval of the Arts and Cultural Commission. ALTERNATIVES: Do not approve the agreement and deny the acceptance of the donation. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: none RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Agreement with NAS Corpus Christi Aviator Memorial Association Proposal from NAS Corpus Christi Aviator Memorial Association 1 AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION FOR DONATION AND ACCEPTANCE OF A REPRODUCTION STATUE RECITALS 10/28/2015 THIS AGREEMENT ("Agreement"), is made this day of , 2015, by and between the City of Corpus Christi ("the City"), and NAS Corpus Christi Aviator Memorial Association ("Donor"), for the purpose of establishing a contractual relationship under which Donor will procure and donate, deliver and install, and the City will accept, a 7 -foot bronze aviator statue including lighting, pedestal, and a walkway, for display on City property at the Ropes Park, Corpus Christi, Texas. WHEREAS, Donor's agent has provided a letter to the City outlining the Donor's offer to commission the creation of a reproduction cast bronze statute ("the Statue") from Total Statue ("the Artist") with the intention of donating the same to the City as a gift; and WHEREAS, the City and Donor (collectively "the Parties") desire to formalize their contractual relationship regarding the procurement and transfer of the Statue, and to define their rights, obligations and liabilities therefore; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: TERMS 1. Donation of Statue, lighting, pedestal, and walkway. Donor agrees to procure and donate the Statue to the City, and the City agrees to accept the Statue, according to the terms of this Agreement. In addition, Donor agrees to procure and donate the support pedestal, lighting, and a walkway, for City Manager review of plans and acceptance. 2. Specifications of Statue. The Statue shall be a bronze -case creation by DeeJay Bawden (the "Artist") of Total Statue , as shown and represented in the drawings and photos included as Exhibit 1, attached to this agreement and herein incorporated. The Statue shall include a plaque identifying the Artist and recognizing the Donor. The actual size, design, and wording of the explanatory plaque shall be subject to the final approval of the City Director of Parks and Recreation, whose approval shall not be unreasonably withheld. Donor shall ensure that the Statue and pedestal are engineered for structural integrity and windstorm certified. 3. Donor's Responsibilities. Donor shall procure and donate the Statue (including lighting, pedestal, and walkway) to the City no later than 24 months after the signing of the contract with Total Statue, but in no event no later than 30 months after the signing of this Agreement by the City of Corpus Christi. The City Director of Parks and „ v Recreation is authorized to approve extensions to these timelines. �9— 2 Donor shall provide City Director with original signed letter from the Artist in which the Artist grants to the City an unlimited license to graphically reproduce the Statue for municipal noncommercial purposes in City brochures, catalogs, and use in any City media or other City publications. City shall endeavor to include the Artist name and Statue title in the City publications or reproductions. This provision shall survive termination or expiration of this agreement. Donor shall be solely and exclusively responsible for contacting, communicating with, and coordinating delivery of the Statue from the Artist to the City. Donor shall be solely and exclusively responsible for all costs related to procurement, delivery, and installation of the Statue, and the lighting, pedestal, and adjacent walkway components. Donor shall be responsible for maintaining statue, lighting and walkway. This provision shall survive termination or expiration of this Agreement. Donor shall ensure that all work performed on the City property complies with all applicable City, State, and Federal codes, statutes, ordinances and regulations. 4. City's Responsibilities. The City shall accept delivery, receipt and ownership for the Statue at a mutually acceptable time and place. 5. Project Site. Donor shall arrange for the delivery and installation of the Statue and associated pedestal, lighting and walkway, at the location in Ropes Park as depicted in the attached Exhibit 2. Should Engineering Services or Utility staff determine that this location is not suitable for the installation due to engineering structural analysis or impact to City utility infrastructure, then the Director of Parks and Recreation is authorized to work with Donor to identify another more suitable location within Ropes Park for placement of the Statue. 6. Risk of Loss or Damage. Donor shall be solely responsible and assume all risk of loss or damage to the Statue until receipt and acceptance thereof by the City. Acceptance by the City shall occur after delivery and successful installation at the project site. 7. installation of Statue. Donor shall insure that its contractor hired by Donor to install the Statue presents and reviews the construction plans with the Engineering and Parks and Recreation Departments for their prior approval. Donor must include, in all construction contracts entered into for the installation of the Statue and any additional components described herein, a provision requiring the Donor's contractor, to indemnify, hold harmless, defend and insure City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of the work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of City, its officers, agents, or employees. 3 Donor shall require Contractor to obtain the insurance described in the attached Exhibit 3 and applicable permits prior to beginning work on City property. 8. Relationship of Parties. No agent, employee, representative or subcontractor of Donor shall be deemed to be the employee, agent, representative or subcontractor of the City. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance and unemployment insurance, are available from the City to Donor or its employees, agents, representatives or subcontractors. Donor will be solely and entirely responsible for its acts and for the acts of Donor's agents, employees, representatives and subcontractors during the performance of this Agreement. 9. Expiration; Termination. This Agreement shall expire automatically upon the City's receipt and acceptance of the Statue. Once the commission contract is signed with the artist, neither the City nor the Donor can terminate this agreement. 10. Indemnification/Hold Harmless. Donor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Entire Agreement. The written provisions and terms of this Agreement, together with all documents attached hereto, shall supersede all prior verbal statements of any officer or representative of and such statements shall not be effective or construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. 12. Modification. No waiver, alteration or modification of any of provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of City and Donor. 13. Assignment. Any assignment of this Agreement by Donor without the written consent of the City Director of Parks and Recreation shall be void. 14. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below. Any written notice hereunder shall become effective as of the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereinafter specified in writing. 15. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options and the same shall be and remain in full force and effect. 4 16. Resolution of Disputes, Governing Law. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall be referred to the City Manager, whose decision shall be final. In the event of litigation arising out of this Agreement, the prevailing party shall be reimbursed for its reasonable attorney fees from the other party. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year above written. CITY OF CORPUS CHRISTI NAS Corpus Christi Aviator Memorial Association By: Ronald L. Olson, City Manager CITY CONTACT City Manager 1201 Leopard St Corpus Christi, Texas 78401 Approved as to legal form: By: te--`''� Lisa Aguilar, Assi tant City Attorney for the City Attorney By: Title. DONOR MAILING ADDRESS: 6830 Wall Street Corpus Christi, Texas 78414 Artist Contact Address: DeeJay Bawden Total Statue 900 N. Main Provo, Utah 84663 5 Exhibit 1 NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION NAS CORPUS CHRISTI u•1-� ur. 31[.1411111 ANSali51 ',IN Aviator Memorial Proposal Prepared for: City of Corpus Christi, Parks & Recreation Department Prepared by: LCDR Chris Keech Co -Founder NAS Corpus Christi AMA March 16, 2015 Proposal number: 001 NAS CORPUS CHRISTI AVIATOR MEMORIAL ASSOCIATION EXECUTIVE SUMMARY NAS Corpus Christi Aviator Memorial Association (NASCC AMA) is a Corpus Christi -based non-profit organizatbn founded with the goal of honoring those aviators who have paid the ultimate price in service to our Country. Coals Our plan is two -fold, the first of which is to build a memorial in Corpus Christi in honor of our fallen brethren. The memorial will be a 7 -foot bronze aviator statue on a 2 -foot pedestal surrounded by a brick walkway leading up to it. This is a reproduction statue made by Total Statue out of Provo, Utah. We will be using the design of our sister memorial association In Lemoore, California. After completion of the memorial, any remaining funds will wir be put into a scholarship fund for the children of our fallen brothers and sisters. gokoion We are currently researching sites both on and off base and are interested In a possible location within Sherrill Park. If approved, the memorial would be funded by the Aviator Memorial Association and placed on City -owned land. Our donors would be able to place their personalized memorial bricks in the brick walkway to show how they were a part of making this memorial a reality. The following Is our vision for the Memorial. All measurements are tentative In nature and can be changed to accommodate the space available, statue weight, etc. 0 45'-0' Side view of the Memorial. 0 rY-0" NAS CORPUS CHRIST! AVIATOR MEMORIAL ASSOCIATION 174 Top view of the Memorial. t Bronze aviator statue courtesy of NAS Lemoore AMA. )1" fi 97°27" 33.7 4" W QIPV 6 EXHIBIT 3 INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until ail insurance required has been obtained _and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Director of Parks and Recreation Department one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. 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 $500,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit WORKERS'S COMPENSATION (Ail States Endorsement if Company is not domiciled in Texas) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,0001$500,0001$500,000 INSTALLATION FLOATER Coverage shall be in the amount of the appraised value of statue. Coverage shall cover transportation of statue from point of origin thru Installation and acceptance of City of Corpus Christi, Parks and Recreation Director. C. In the event of accidents of any kind related to thls contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 7 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be In statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8 H. It is agreed that Contractor'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. 2015 Insurance Requirements Parks and Recreation Department Aviator Memorial -- Statue Agreement 10/21/2015 ds Risk Management AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: October 20, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services DanG@cctexas.com (361) 826-3595 Approval of a Developer Participation Agreement for the City's cost to extend Brooke Road CAPTION: Resolution authorizing the City Manager or designee to execute a developer participation agreement with MPM Development, L.P., ("Developer"), to reimburse the Developer up to $77,536.80 for the City's share of the cost to extend Brooke Road, in accordance with the Unified Development Code. PURPOSE: MPM Development, L.P., will extend Brooke Road. The subdivision is located along Airline Road, east of Cimarron Boulevard and south of Saratoga Boulevard (SH 357). BACKGROUND AND FINDINGS: The developer, MPM Development, L.P., is developing the final phase of a multi -phased single-family residential, commercial and multi -family subdivision named Bordeaux Place Unit 5. The subdivision is located along Airline Road, east of Cimarron Boulevard and south of Saratoga Boulevard (SH 357). Bordeaux Place Unit 5 will contain 38 single-family residential lots, 1.774 acres of commercial development, and 9.945 acres for an apartment development. The Planning Commission approved the plat for Bordeaux Place Unit 5 on August 12, 2015. The participation agreement is for half - street construction along Brooke Road frontage and for the required extra thickness of the asphalt on Brockhampton Street. ALTERNATIVES: Denial of the Participation Agreement. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The developer will be extending and expanding Brooke Road for new subdivision as provided in the Unified Development Code. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not Applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $750,000.00 $1,500,000.00 $750,000.00 $3,000,000.00 Encumbered / Expended Amount 211,249.65 $1,105,482.62 $1,316,732.27 This item $77,536.80 $77,536.80 BALANCE $538,750.35 $316,980.58 $750,000.00 $1,605,730.93 Fund(s): Bond 2012 Comments: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution RESOLUTION RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A DEVELOPER PARTICIPATION AGREEMENT WITH MPM DEVELOPMENT, L.P., ("DEVELOPER"), TO REIMBURSE THE DEVELOPER UP TO $77,536.80 FOR THE CITY'S SHARE OF THE COST TO EXTEND BROOKE ROAD, IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT CODE. WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a developer participation agreement ("Agreement"), attached hereto, with MPM Development, L.P., ("Developer"), for the CITY's portion of the cost of Brooke Road, including all related appurtenances, for development of Bordeaux Place Unit 5, Corpus Christi, Nueces County, Texas. This resolution takes effect upon City Council approval on this the day of , 2015. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Resolution- MPM Development LP -Bordeaux Place Unit 5 Participation Agreement Page 1 of 2 APPROVED: day of , 2015. Corpus Christi, Texas of , 2015 The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn Resolution- MPM Development LP -Bordeaux Place Unit 5 Participation Agreement Page 2 of 2 PARTICIPATION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or his designee, and MPM Development, L.P., ("Developer"), a Texas Limited Partnership, acting by and through its general partner. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being 21.922 acre tract of land, more or less, a portion Flour Bluff and Encinal Farm and Garden Tracts, Section 20, Lots 12, 13, 20, 21 and 22 (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Bordeaux Place Unit 5 ("Plat"); WHEREAS, as a condition of the Plat, the Owner is required to expand, extend, and construct Brooke Road for a distance of approximately 1069 feet to connect with Airline Road as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Owner in conjunction with the Owner's final Plat; WHEREAS, Chapter 212 of the Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to the Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi. NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Owner agree as follows: A. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. B. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Owner will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Owner shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. C. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $77,536.80. D. The City shall reimburse the Owner a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based on the percentage of construction completed less the Owner's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Owner at the address shown in section N of this Agreement. E. In accordance with the Texas Local Government Code, the Owner shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. F. The Owner shall submit all required performance bonds and proof of required insurance coverage in accordance with applicable State and local laws as detailed in Exhibit 4. G. Owner shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. H. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Owner of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. I. The Owner shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve- ments by the Executive Director of Public Works. J. OWNER COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 2 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF BORDEAUX PLACE UNIT 5 DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. K. DEFAULT. The following events shall constitute default: 1. Owner fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Owner does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Owner fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. 4. Either the City or the Owner otherwise fails to comply with its duties or obligations under this Agreement. L. NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 3 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to the Owner, at the address stated in section N, of the need to perform the obligation or duty and, should the Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Owner. 5. In the event of an uncured default by the Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Owner under this Agreement and charge the cost of such performance to the Owner. The Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Owner receives notice of the cost of performance. In the event the Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Owner has all its remedies at law or in equity for such default. M. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 4 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. N. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: If to the Owner: MPM Development, LP. Attn: Mossa Moses Mostaghasi, General Partner 426 S. Staples Corpus Christi, Texas 78401 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, retum receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. O. Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. P. In compliance with City of Corpus Christi Ordinance No. 17112, the Owner agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Q. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Owner from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be December 15, 2017. (EXECUTION PAGES FOLLOWS) MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Page 5 of 6 Standard Form Participation Agreement Version 1.0 8.17.15 EXECUTED in one original this ATTEST: Rebecca Huerta City Secretary Approved as to legal form: day of , 2015. CITY OF CORPUS CHRISTI Ronald L. Olson City Manager u Ian Grant Assistant City Attorney OWNER: MPM Development, L.P. ossa uses Mostaghasi General Partner STATE OF TEXAS COUNTY OF NUECES /0 23 vs -- Date This instrument was acknowledged before me on �, 2015, by Mossa Moses Mostaghasi, General Partner, MPM Development, L.P., a Limited Partnership, on behalf of said partnership. CATHERINE GARZA '��'1Z' NOTARY PUBLIC 'is r� State otTexas y? o Comm. Exp. 12-05-2015 Notary ' ublic's Sign; MPM Development LP -Bordeaux Place Unit 5 Agmt vFinal Standard Form Participation Agreement Version 1.0 8.17.15 Page 6 of 6 STATE OF PD. COUN, OF NUECES ON THE LAO EMBRACED 8,1E BHEREARIE=RTETYTNEAFA 002 TMEHD APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CDNSIDERARONS THEREIN STATE OF T COUNTY OF NVECES $ M OWRNINTHE PTB BOUNDARIES OF THE FOREGOING PLAT. SUBJECTOWNERS LP. HEREBY CERT, THAT WE ARE THE ED TO N IN FAVOR OF ANO gfIgla E0 AS SH WE AS .ID LANDSURVEYED BEEN OICATED TO THE PUBLIC DEDICATION. FOREVER,ARo Moi ITms PLAWAS TM.E FOR THE PURPOSES STATE of TEXAS THIS THE DAY of 20 COUNTY of NUECES ff THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE E BY (NAME),. STATE OF TEXAS (TITLE) OF COUNTY OF NUECES 4 THIS THE DAY OF 20 THIS STApr OF INSTRUMENT ACKNOWLEDGED BEFORE ME BY OST THIS IN -runsRTLE STATE OF COUNTY OFUECE0 8 NIXON M.ENGINEERING. WAS PREPARED �MADE ON THE GROUND RNEDIRECTION. CCLEA°RECORIREEt RS ONPTOS TRUE AND M OVMNWTHOUT DELAY. BEARINGSTHIS .E DAY OF 1. THE BASIS OF ASIS THE SOUTHWEST BOUNDARY UNE of BORDEAUX PUCE UNIT T. SBS 0000 2. THE SUBJECT SRE IS C. IMARCHE19V. 1985.TNG TO FEMA MAP, COMMUNITY PANEL 485494 0540 CREVISED 3. THE SUBJECT SITE CONINNS 21.922 ACR6 INCLUDING STREETS TO BE DEDICATED. ECEMNG WATER FO -EXCEPRONAC AND 'OYSTER RECREATION USE 5, TCE0 ALSO CATEGORIZED THE RECEIVING WATER AS 5. SET 5/8' IRON RODS AT ALL LOT CORNERS 080£50 OTHERWISE NOTED. LA8 Ia A' 0200KSPE RAR ACEGUTONYWILLP e0 FEOUIRRRE0DRIN DUG2,1P6.0 THE °;;T DEuaixn'S T AND FDR THE STATE OF TEXAS 4 COUNTY OF NUECES DEVELOPMENT SERVICES OF THE DESCRIBED ECORPUS CHRISTII,TEVS APPROVED BY THE DEPARTMENT OF pµ0 TETU UTHU, P.E. LEEP AP pEVELOPMEMMSERWCES ENGNfllt BROOKE VIERvILLE CT ELISE DR 0 300' 600' 0000' n SCALE, 1'= 600' 1 AUG 12 az LOCATION MAP PLAT OF BORDEAUX PLACE UNIT 5 HLUFF s ARSNDRR 13, 20, 21 AND 22, A MAP OF MHICH IS RECORDED IN VOLLINE PAGES 41 - 43 MAP RECORDS. NLIELES CD. TX CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NU, F-52, 3054 S. 0LAMEDA 60, CORPUS CHRISTI, TEXAS 78404 STATE OF TEXAS $ COUNTY OF NUECES $ PROPERTYRE FINAL PLAT OF THE HEREIN DESCRIBED OF CORPUS CHRISTI, TEXAS BY THE PIANNIINGCOMSAPPROVED ON OEHAL£ of THE COV COMMISSION. .IS THE DAY OF 20 CHAIRMAN SECRETARY PHILIP J. RAMIREz, A.LA, LEEO AP DANIEL M. GRINSDO, P.E. AI.C.P STATE OF TEXAS M COUNTY OF NUECES $ I. KARA SANDS. CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, OO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF 2O WITH Is CERTIFICATE OF AUTHENTICATION, WAS FI R RECORD N E OFFICE THE DAY OF E 20 AT O'CLOCK M AND DULY RECORDED THE DAY OF 20 AT O'CLOCK M. IN THE hi. RECORDS OF SAN COUNTY IN VOLUME PACE INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF .E COUNTY COURT IN AND FOR .ID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COLJNIV. TEXAS, THE DAY AND YEAR LAST WRITTEN. DEPUTY KARA SANDS, CLERK UNTY COURT NUUECES COUMY. TEXAS Exhibit 1 Page 1 of 2 44 sus DD 23 J --� _ SG 00'00°E 97378' OO Do— BROOKE RD 280 00 00 v m43. 47 360 OD' 002 tO23. 27' es 20 30 337 61' \`6 A0 PLAT OF BORDEAUX PLACE UNIT 5, CORPUS CHRISTI, NUECES CO., TX TM ND 15023 SCALD = 60 BASS 9 WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST, CORPUS CHRISTI, TEXAS 78404 77292 SF 19 I. 774 AC, 30' 60' SCALE. I'= 60' r1[?[?L30O N/C� AUG 1 2 2019 PLANNING COMMISSION iS02° 30' 1 67, 04' s, SE- its >s ss�•o in 10363 SE 2u IA SF 8 260 03' OEN 2 433218 SF9 = 9,945 AC 0 6 7 E W O 9.00 O 2 1rvO 260 00 02 2 200.00 ST MERE EGLISE 92 s1 00 00—ev. oa _ _ - ^' - S61.0000, 336 00 en - 29 28 27 26 MANHATTAN ESTATES UNIT 38 cassos,s, 39' E C10260 eV DID 2 23.53122' 31.E 2092102D' 00'W 12147J20.42' 30E N0900.21, 82, 20=2,1. /0 N61'_ELT 00"W 1300.86 0 0 O 20981111D 14'2 2092705, 31NE CD=290. IT' 93' E LIE Exhibit 1 Page 2 of 2 ZA RL INE RD *,• PA* tots.NixaN M. WELSH t As% 36240 Foil 1. * fG j 51 I R!‘ Gti' 8/18/15 EXHIBIT SHOWING BROOKE ROAD IMPROVEMENTS 1"=100' 0 50' 100' 200' SCALE: 1"= 100' Exhibit 2 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 15029, SCALE: 1" = 100' PLOT SCALE: SAME, PLOT DATE: 8/18/15, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 5 PRELIMINARY COST ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/07/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 STREET & SURFACE ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 6" CURB & GUTTER 4272 LF 14.00 59,808.00 2. 4" THICK R/C WALK 15650 SF 4.00 62,600.00 3. 2" HMAC 7627 SY 17.50 133,472.50 4. 8" CRUSHED LIMESTONE BASE TO 2'BC 6826 SY 18.00 122,868.00 5. 6" CRUSHED LIMESTONE BASE TO 2'BC 2524 SY 16.00 40,384.00 6. 8" LIME STABILIZED SUBGRADE TO 2'BC 9350 SY 7.00 65,450.00 7. EXCAVATION 1 LS 42,500.00 42,500.00 8. CLEARING & GRUBBING 1 LS 1,500.00 1,500.00 9. STREET SIGN 2 EA 250.00 500.00 STREET & SURFACE ITEMS $529,082.50 STORM SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 15" RCP 280 LF 32.00 8,960.00 2. 18" RCP 57 LF 38.00 2,166.00 3. 24" RCP 475 LF 44.00 20,900.00 4. 36" RCP 21 LF 70.00 1,470.00 5. 5' INLET 7 EA 3,200.00 22,400.00 6. MANHOLE 1 EA 3,500.00 3,500.00 STORM SEWER ITEMS $59,396.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 8" PVC PIPE 751 LF 48.00 36,048.00 2. SANITARY SEWER MANHOLE 4 EA 3,500.00 14,000.00 3. DEEP CUT SERVICE CONNECTION 8 EA 2,200.00 17,600.00 4. 4" OR 6" PVC SERVICE 39 EA 450.00 17,550.00 SANITARY SEWER ITEMS $85,198.00 WATER ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. 16" CASING PIPE BORED IN PLACE 100 LF 300.00 30,000.00 2. 12" TAPPING SADDLE & 8" TAPPING GATE VALVE & BOX 1 EA 1,200.00 1,200.00 3. 8" PVC 2130 LF 36.00 76,680.00 4. 8" TEE 8 EA 350.00 2,800.00 5. 8" EL, ANY ANGLE 6 EA 250.00 1,500.00 6. 8" CAP, TAPPED FOR 2" 1 EA 300.00 300.00 7. 6" TEE 2 EA 300.00 600.00 8. 6" PVC PIPE 1064 LF 32.00 34,048.00 9. 6" EL, ANY ANGLE 8 EA 250.00 2,000.00 10. 6" GATE VALVE W/BOX 10 EA 950.00 9,500.00 11. 6" DIA X 30" PVC PIPE NIPPLE 21 EA 200.00 4,200.00 12. FIRE HYDRANT ASSEMBLY 7 EA 4,800.00 33,600.00 13. 6" CAP TAPPED FOR 2" 1 EA 200.00 200.00 14. 2" PE PIPE 212 LF 20.00 4,240.00 15. 2" GATE VALVE W/BOX 1 EA 800.00 800.00 WATER ITEMS Exhibit 3 $201,668.00 Page 1 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 361 882-5521-- FAX 361 882-1265 MISCELLANEOUS ITEMS QUANTITY UNIT UNIT PRICE AMOUNT 1. TRAFFIC CONTROL & BARRICADING PLAN (DURING CONSTRUCTION) 1 LS 6,000.00 6,000.00 2. TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM PIPES OF ALL SIZES) 2364 LF 2.00 4,728.00 3. STORM WATER POLLUTION PREVENTION 1 LS 3,500.00 3,500.00 4. 4" CONDUIT FOR AEP 200 LF 20.00 4,000.00 MISCELLANEOUS ITEMS TOTAL $18,228.00 $893,572.50 Exhibit 3 Page 2 of 3 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 BORDEAUX PLACE UNIT 5 CITY REIMBURSEMENT ESTIMATE CORPUS CHRISTI, NUECES COUNTY, TX 08/04/15 3054 S. Alameda St. 361 882-5521- FAX 361 882-1265 OVERSIZE/OVERDEPTH 28'BB STREET TO 40'BB STREET QUANTITY UNIT UNIT PRICE AMOUNT 1. 2" CRUSHED LIMESTONE BASE (OVERDEPTH) 2848 SY 4.25 12,104.00 2. 2" HMAC (OVERWIDTH) 1424 SY 17.00 24,208.00 3. 8" CRUSHED LIMESTONE BASE (OVERWIDTH) 1424 SY 17.00 24,208.00 4. 8" LIME STABILIZED SUBGRADE (OVERWIDTH) 1424 SY 7.00 9,968.00 TOTAL STREET & SURFACE ITEMS AT PARK 10% ENGINEERING, SURVEYING & TESTING TOTAL $70,488.00 $7,048.80 $77,536.80 Exhibit 3 Page 3 of 3 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor 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. An "All States endorsement shall be included for Companies not domiciled in Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor 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. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. City shall have the option to suspend Contractor'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 Contractor'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 Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor'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 and completed operations and activities 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. Exhibit 4 Page 3 of 3 lalaaiwonoweingio City of Corpus Christi DISCLOSURE OF INTERESTS City of Corpus Christi, Texas Department of Development Services P C Box 9277 Corpus Christi Texas 76469-9277 (361) 826-3240 Located at 2406 Leopard Street (Comer of Leopard St and Port Ave 1 City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MPM Development. LP STREET: Pp Box 3313fR CITY: Corpus Christi ZIP: 78463 FIRM is: ❑ Corporation 'Partnership ❑ Sole Owner ['Association ❑ Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an 'ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Moses Mostaqhasi Title: Director (Print) Signature of Certifying Person: Date: c ` i, K 1DEVELOPMENTSVCSLSHARED\[aND DEVELOPMENPORDINANCE ADAM NISTRA'f]ONIAPPLICAT1oN FORMSIFORMS AS PER IEGALl26I24DISCLOSORE OF INTERESTS Parye 1 of 2 STATEMENfI 27 I2 DOC Exhibit 5 n DEFINITIONS a. "Board Member". A member of any board, commission or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "Firm". Any entity operated for economic gain, whether professional, industrial or commercial and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations. d. "Official". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest". Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "Consultant". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. K1 DHVELOPMENISVCS\SHAREDILAND DEVELOPMENTORDINANCLJ ADMINLSTRA11ON4APPUCATION FORMSIFORMS AS PER LEGAL= ZVDLSCLOSURE OP INTERESTS STATEMENTI27IZDOC Exhibit 5 Page 2 of 2 Vicinity Map e VICINITY MAP BORDEAUX PLACE UNIT 5 1 Aerial AERIAL MAP BORDEAUX PLACE UNIT 5 2 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: October 21, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Resolution authorizing the City Manager or designee to enter into outside city limit water contracts for properties in the Nottingham Acres Subdivision. CAPTION: Resolution authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners in the Nottingham Acres Subdivision to provide public water to their respective properties pursuant to Section 55-113, City Code of Ordinances. PURPOSE: The service can only become effective if City Council approves the outside city limits water contract. The City Manager or designee is authorized to execute water service contracts. RECOMMENDATION: Approval of the resolution authorizing the City Manager or his designee to enter into outside city limits water contracts with property owners of up to 31 lots in the Nottingham Acres Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. Several of the water contracts will be with B & A Terra Firma LLC, the developer of the subdivision. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owner, B & A Terra Firma LLC, is currently building homes on several tracts of land outside the city limits. B & A Terra Firma LLC own properties known as Nottingham Acres Unit 1, Block 1, Lots 1-7; Block 2, Lots 1-5, Block 3, Lots 1-15; and Block 4, Lots 1-4. When Nottingham Acres Subdivision was constructed, public waterline was extended to the area and made available to the properties within Nottingham Acres. In order to obtain public water, the property owners must comply with the following requirements: a. Enter into a written service contract with the City; b. Submit plans that are in compliance with all city codes and obtain all city permits as if the property were within the City limits; and c. Allow inspections of all such construction. B & A Terra Firma LLC has been submitted construction plans to the City for review. Water connection will not be approved until after the water service contract has been approved and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, construction may only occur in compliance with City regulations, including construction permit requirements, as though the property were inside the City Nottingham Acres Unit 1 was approved by the Planning Commission on December 3, 2014 and recorded in the Nueces County map records on September 2, 2015. Nottingham Acres Unit 1 is located south of FM 43 between County Road 33 and County Road 22. (See Exhibit A- Location Map) As part of the development of the subdivision, a waterline was extended from FM 43 to the subdivision in order to provide public water to the proposed lots. Nottingham Acres subdivision contains 31 lots. In accordance with Section 55-113 of the Code of Ordinances, the Council would be required to approve each contract for all of the properties. In order to expedite the contracts and not bog down the City Council, the City Manager or his designee will execute the remaining water service contracts. The future contracts for the properties within Nottingham Acres would not differ much from the contract with B & A Terra Firma LLC. Staff recommends the City Council approve authorizing the City Manager or designee to enter into outside city limits water contracts with the property owners to provide public water to their property located outside the city limits. ALTERNATIVES: Annexation of the property OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: Section 55-111 of the City Code requires City Council approval of outside -City -limits water contracts. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital • •Not applicable Fiscal Year: 2015- 2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Resolution OCL Water Contract Exhibit A — Location Map Resolution Authorizing the City Manager or his designee to enter into outside city limits water contracts with the property owners in the Nottingham Acres Subdivision to provide public water to their respective properties pursuant to Section 55-111, Code of Ordinances. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or his designee to enter into outside city limits water contracts, which is attached to this resolution and incorporated herein for all purposes, with property owners of up to 31 lots in the Nottingham Acres Subdivision to provide public water to their respective properties located outside the city limits pursuant to Section 55-113 of the City Code of Ordinances. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Lucy Rubio Brian Rosas Mark Scott Carolyn Vaughn STANDARD FORM CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS STATE OF TEXAS § COUNTY OF NUECES § THIS CONTRACT AND AGREEMENT made and entered into an original by and between, B & A Terra Firma LLC (Owner), whose address is 46 West Bar Le Doc, Corpus Christi, TX 78414, Kleberg Bank (Lien Holder), whose address is 4211 Ayers Street, Corpus Christi, TX 78415 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port -related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked "Exhibit A" and being more particularly described as follows, to -wit: Nottingham Acres Subdivision Lot 5, Block 1, also commonly known by its street address as 1358 Kirklees Drive, Corpus Christi, TX 78415 11. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Sections 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. Page 1 of 3 b 704 —I V. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. WITNESS OUR HAND this 2-0 day ofDe , 2015. OWNER: B & A Terra F a LLC arghoe STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on this + e qday of OC -f { 2015, by Eric Zarghooni, President, B & A Terr- Fir = LLC e .. 1... ................ , v KATHERINE PICCIONE STATE OF TEXAS h"y Cvrim Exp 10.10 2018 LIE Gabr - I G erra Pre dent Kleberg Bank STATE OF TEXAS COUNTY OF NUECES § § v otary ublic, State of Texas Llrl{�� This instrument was acknowledged before me on this theV day of CI 2015, by Gabriel Guerra, President, Kleberg Bank rD 706-2_ CYNTHIA MARIE DIUNA Notary PAR. WM al Tests My Coea<otsdoa E4iRS 1010912x10 No ary ublic, State of Texas Page 2 of 3 City of Corpus Christi: ATTEST: By: By: Rebecca Huerta Daniel M. Grimsbo, P.E., Director City Secretary Development Services Department STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by Rebecca Huerta, City Secretary, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on this day of 2015, by City Manager or designee, of the City of Corpus Christi, a Texas home -rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of , 2015. Julian Grant Senior Assistant City Attorney for the City Attorney K.WEVELOPMENTSvcSSPEC AL SERNCES ALuE ME61NA17 WATER C6NTRACt3 OCL\ACTNE 2013170.1360 KIRKLEES bR. B S A tERRAIFIN0.L PACKEYIWATER CONTRACT.00C Page 3of3 TA 706--3 Nottingham Acres, Lot 5, Block 1 0 0.04750.095 0.19 0.285 Miles LI) tt ti v CR 22 v ca v 0 R 2i 706-y Exhibit "A" Water Contract Location Map City Limits N Date Created: 101/2015 Prepared By Nene J. Mapallanez Department of Development Servleea File, ?C.lbevelopmenrSvl:SISPECIAL SERYICESIPLATSIWaterConlraenlLondon Club EsntesIMapa Protected Coordinate System. NAD_1989_StatePfane_Tezu_South FRPS_4205_Feet Projection Lambert_Confonnal_Canlc Nottingham Acres Subdivision N Nottingham Acres Subdivision N AGENDA MEMORANDUM Future Item for the City Council Meeting of November 17, 2015 Action Item for the City Council Meeting of December 8, 2015 DATE: TO: November 3, 2015 Ronald L. Olson, City Manager THRU: Gustavo Gonzalez, P.E., Assistant City Manager, Public Works and Utilities GustavoGo@cctexas.com (361) 826-3897 FROM: Valerie H. Gray, P.E., Executive Director, Public Works ValerieG@cctexas.com (361) 826-3729 Jeffrey H. Edmonds, P.E., Director, Engineering Services JeffreyE@cctexas.com (361) 826-3516 Enqineerinq Contract Wastewater Treatment Plant Consolidation Program Development CAPTION: Motion authorizing the City Manager or designee to execute a professional services contract with Stantec Consulting Services, Inc. of San Antonio, Texas in the amount of $1,427,186 for the Wastewater Treatment Plant Consolidation Program to develop a phased project implementation plan. PURPOSE: The purpose of this agenda item is to obtain authority to execute a professional service contract for the Wastewater Treatment Plant Consolidation Program Development. BACKGROUND AND FINDINGS: The City's Wastewater Department currently operates and maintains a wastewater collection and treatment system which consists of 6 wastewater treatment plants, 1,282 miles of wastewater lines, 109 miles of force mains, and 100 lift stations. Improvements and expansion costs for the wastewater system continue to mount due to the systems age and changes to discharge requirements imposed by the Texas Commission of Environmental Quality. The projected growth of the City is will require construction of repairs and expansions at several of the plants in the next 5 to 10 years. In an effort to improve efficiencies and reduce costs, the City has decided that, with the exception of the New Broadway Wastewater Treatment Plant, all other wastewater treatment plants be consolidated. This consolidation will result in operational and maintenance cost savings and the ability to use treated wastewater effluent as a non - potable water supply on a more comprehensive basis. The objective of this project is to determine the best strategy for the development and implementation of a long-range wastewater treatment plant consolidation program. This contract will conclude with an approved Project Implementation Manual (PIM) which includes infrastructure requirements for supporting trunk main and pumping capacities, overall program schedule, procurement requirements, sequencing, and budgetary requirements for each element. The plan will be developed to minimize the impact to rate payers for the recommended improvements. This project is divided into three phases. • Phase 1: Develop an optimal WWTP configuration scenario • Phase 2: Develop an implementation phasing plan • Phase 3: Develop an implementation programming schedule and budgets As part of this contract, the A/E, Stantec Consulting Services, Inc. will hold regular meetings with City staff and key project stakeholders to establish objectives, track progress, identify risks review the draft plan at the conclusion of each phase and obtain public comment and input into the plan. The consultant will provide a summary report indicating the most up to date status of all project deliverables, a monthly status report of all work completed to date, a decision log which identifies all critical project decisions and actions and quality control documentation. The PIM has specific deliverables including thirteen (13) technical memorandums, a risk register with mitigation strategies, a capital plan, a phasing plan, interim operations schedule, stakeholder management plan and implementation plan and schedule. This project is scheduled for completion within 210 calendar days. Stantec Consulting Services, Inc. was chosen for this project through a two-phase Request for Qualifications (RFQ) to select the Most Qualified consultant for the Wastewater Treatment Plant Consolidation Program Development project. This RFQ was issued in June 2015. For Phase 1 of the RFQ, seven proposals were received and evaluated with five shortlisted to proceed to RFQ Phase 2 of Presentation and Interview. Stantec Consulting Services, Inc. was determined as the Most Qualified consultant by the Selection Committee after RFQ Phase 2 of Presentation and Interview. ALTERNATIVES: 1. Authorize the execution of the engineering contract. 2. Do not authorize the execution of the engineering contract. (Not Recommended) OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: Conforms to City Fiscal Policy EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: ❑ Oaeratin ❑ Revenue ®Capital ❑ Not aaalicable Fiscal Year 2015-2016 Project to Date Expenditures Current Year Future Years TOTALS Line Item Budget 1,500,000 1,500,000 Encumbered / Expended Amount This Item 1,427,186 1,427,186 Future Anticipated Expenditures This Project 72,814 72,814 BALANCE 0.00 0.00 Fund(s): Wastewater CIP #21 Comments: This project requires approximately 210 calendar days with anticipated completion in August 2016. The amendment will result in the expenditure of an amount not to exceed $1,427,186. RECOMMENDATION: City Staff recommends approval of the professional services contract with Stantec Consulting Services, Inc. of San Antonio, Texas in the amount of $1,427,186 for the Wastewater Treatment Plant Consolidation Program Development. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Contract Presentation PROJECT BUDGET WASTEWATER TREATMENT PLANT CONSOLIDATION PROGRAM DEVELOPMENT FUNDS AVAILABLE: Wastewater CIP $1,500,000 Allison • (5.0 MGD) • Broadway (6.0 MGD) Greenwood (8.0 MGD) Os (16.2 M ■ Laguna Madre • (3.0 MGD) Whitecap (2.5MGD) ■ LOCATION MAP NOT TO SCALE ROJECT: E15145 Wastewater Treatment Plant Consolidation Program Development CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 OF 1 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES Wastewater Treatment Plant Consolidation Program Development (E15145) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Stantec Consulting Services Inc., a NewYork corporation, 1344 South Flores Street, San Antonio, Texas 78204 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL PLAN 2 ARTICLE III COMPENSATION 3 ARTICLE IV TIMEANDPERIODOFSERVICE 4 ARTICLE V CONSTRUCTION ESTIMATE 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 7 ARTICLE VIII TERMINATION OF AGREEMENT 8 ARTICLE IX RIGHTOFREVIEWANDAUDIT 8 ARTICLE X OWNER REMEDIES 8 ARTICLE XI CONSULTANT REMEDIES 9 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 9 ARTICLE XIII MISCELLANEOUS PROVISIONS 10 EXHIBIT A SCOPE OF SERVICES EXHIBIT A-1 TASK LIST EXHIBIT B SAMPLE PAYMENT REQUEST FORM EXHIBIT B-1 CONFIDENTIAL RATE SHEET EXHIBIT C DISCLOSURE OF INTEREST K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 1 Rev. 10/13/15 ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence. 1.2 Consultant shall comply with City standards, as specified in the UDC or Code of Ordinances, throughout the duration of the Project, unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. 1.3 Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts. The Consultant will serve as the City's Designer and will consult and advise the City during the performance of the Consultant's services. The Consultant shall report to the City's designated Project Manager. 1.4 Consultant shall provide all labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Additionally, Consultant shall provide staff - - - - - - - - - - - - - _ Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. 1.5 Consultant shall not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.6 Consultant, in consideration for the compensation described in Article III, shall render the professional services necessary for the advancement of the Project to Completion. 1.7 Consultant will provide monthly status updates (project progress or delays and gantt charts) presented with each monthly invoice. 1.8 Consultant services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process, 1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. ARTICLE II — QUALITY CONTROL PLAN 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). In the event that the City retains a separate consultant to perform additional QCP services for the City, the Consultant will provide all necessary information to the City, address any comments from the City's consultant and provide resolution to the City's satisfaction. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy accepted quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project scope and Construction Estimate as needed. Documentation will be included that verifies interdisciplinary coordination has occurred. 2.3 The Consultant will perform constructability reviews, using persons with construction experience, at appropriate intervals during the Project to ensure that the Project is buildable, as well as cost-effective, biddable and maintainable. Based on the findings of the constructability reviews, the Consultant will finalize the Project deliverables, as required, and provide updated construction estimates. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 2 Rev. 10/13/15 2.4 Consultant is responsible for the accuracy and competency of its QCP reviews and final deliverables. ARTICLE III — COMPENSATION 3.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $1,427,186. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Exhibit A, and for all expenses incurred in performing these services. 3.2 The Consultant agrees to complete the phases of services in accordance with the approved project schedule and budget. Work will not begin on any phase or any Additional Service until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 3.3 All services shall be performed and the applicable standard of professional care set forth in section 13.4 herein and to City's satisfaction, which satisfaction shall be judged by the Director in his/her sole discretion. City shall not be liable for any payment under this Agreement for services that are unsatisfactory and/or have not been previously approved by the Director. 3.4 The Director may direct the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. For services provided, Consultant will submit monthly statements for services rendered. The statement will be based upon Consultant's estimate (and with City's concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to Consultant's monthly statements. 3.6 Consultant warrants that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further warrants that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.7 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.8 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.8.1 delays in the performance of Consultant's work; 3.8.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.8.3 reasonable evidence that Consultant's work cannot be completed for the amount unpaid under this Agreement; 3.8.4 damage to City; or K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 3 Rev. 10/13/15 3.8.5 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.9 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within a reasonable time. City shall not be deemed in default by reason of withholding compensation as provided for in this Article III. 3.10 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 3.11 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.12 The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. 3.13 Applicable to Time & Materials Contracts 3.13.1 Consultant shall complete EXHIBIT B-1 and include in proposal. Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. 3.13.2 Consultant shall submit documentation with the monthly invoice that shows who worked on the Project, the number of hours that each individual worked on the Project and reimbursables for that individual. 3.13.3 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 The term of this Agreement shall commence upon its approval execution by both the City and Consultant. 4.2 The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.3 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations for the services under Article I herein in a prompt and continuous manner, so as to not delay the development of services or the construction of the work for the Project, in accordance with the schedules approved by City. City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the Project. 4.4 This Agreement shall remain in force for a period which may reasonably be required for the completion of Page 4 Rev. 10/13/15 K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC the Project, including any extra work and any required extensions thereto, unless terminated as provided for in Article VIII of this Agreement. ARTICLE V — CONSTRUCTION ESTIMATE 5.1 The Construction Estimate (Estimate) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The Estimate does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance (001) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day 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 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned $1,000,000 Combined Single Limit 2. Hired and Non -Owned 3. Rented/Leased K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 5 Rev. 10/13/15 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs not included in face value of the 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 insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, Consultant must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant 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: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; 6.7.2 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; K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 6 Rev. 10/13/15 6.7.3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 6.8 Within five (5) calendar days of a suspension, cancellation, or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant'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. 6.9 In addition to any other remedies the City may have upon Consultant'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 Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that Consultant'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. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 6.13 Applicable to Contracts Less than $50.000 - Insurance not required; however, if contract is amended to exceed $50,000, the above insurance requirements must be met. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, volunteers, directors and representatives ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and defense costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. If the liability results solely from the negligent acts or omissions of the Consultant, the Consultant shall also defend the Indemnitee with counsel satisfactory to the City Attorney. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by the City, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 7 Rev. 10/13/15 Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. 8.2 In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X — OWNER REMEDIES 10.1 The City and Consultant agree that in the event of a delay in completion for which the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. Conditions under which City may seek other damages include, but are not limited to: 10.1.1 Failure of the Consultant to meet contractural obligations, which failure includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the applicable laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 8 Rev. 10/13/15 10.1.3 Losses are incurred because of errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and omissions in the documents. defect 10.2 Pursuant to Article VI, the City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 10.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a certified Cost Recovery Claim letter that includes (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 Consultant shall not be liable or responsible for any delays due to strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's reasonable control. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 9 Rev. 10/13/15 diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 12.2 Alternative Dispute Resolution 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 12.2.3 Mediation 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article XII shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Use of Local Expertise/ Local Professional Participation. The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 13.2 Assignability. The Consultant will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the Consultant staff. If the Consultant is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 10 Rev. 10/13/15 13.3 Ownership of Documents. All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City upon full payment of all monies owed to the Consultant and may not be used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 13.4 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.5 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 Disclosure of Interest. Consultant agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form. 13.8 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.comlgovernment/city-secretary/conflict-disclosure/index. 13.9 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 13.10 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.11 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI STANTEC CONST ING SERVIS, INC. J.H. Edmonds, P.E. Date ob Simm, Ph.D., P.E. Director of Engineering Services Vice President 8211 South 48th Street Phoenix, AZ 85044-5355 (602) 707-9438 Office (602) 431-9562 Fax K:%ENGINEERING OATAEXCHANGELIENNIFER'FORMS NE\M2015-1001 CONTRACT PROFESSIONAL SERV CES.00C Date Page 11 Rev. 10/13/15 RECOMMENDED Operating Department Date APPROVED AS TO LEGAL FORM Assistant City Attorney Date APPROVED Office of Management Date and Budget ATTEST City Secretary Project Number: E15145 Accounting Unit: 4256-064 Account: 550950 Activity: E15145014256EXP Account Category: 50950 Fund Name: Wastewater CIP 2016 K:\ENGINEERING DATAEXCHANGE\JENNIFER\FORMS NEW\2015-1001 CONTRACT PROFESSIONAL SERVICES.DOC Page 12 Rev. 10/13/15 EXHIBIT A SCOPE OF SERVICES Contract for Professional Services Exhibit A Project Implementation Manual (Revision 1) Wastewater Treatment Plant Consolidation Program Development Stantec Prepared for: City of Corpus Christi Prepared by: Robert Simm October 19, 2015 Revision Record Revision Description Prepared By Checked By Approved By 0 Draft RS 1 October 18, 2015 RS City of Corpus Christ Wastewater Treatment Consolidation Program Project Implementation Manual Sign -off Sheet This document, entitled Project Implementation Manual was prepared by Stantec Consulting Services Inc. (Stantec) for the account of City of Corpus Christi (Client). Any reliance on this document by any third party is strictly prohibited. The material in it reflects Stantec's professional judgment in light of the scope, schedule, and other limitations stated in the document and contract between Stantec and the Client. The opinions in the document are based on conditions and information existing at the time the document was published and do not take into account any subsequent changes. In preparing the document, Stantec did not verify information supplied to it by others. Any use where a third party makes of this document is the responsibility of such third party. Such third party agrees that Stantec shall not be responsible for costs or damages of any kind, if any, suffered by it or any other third party as a result of decisions made or actions taken based on this document. Prepared by Robert Simm Reviewed by Guy Le Patourel (signature) (signature) City of Corpus Christ Wastewater Treatment Consolidation Program Project Implementation Manual Table of Contents 1.0 INTRODUCTION 1 1.1 PROJECT IMPLEMENTATION MANUAL 1 1.2 PROJECT DESCRIPTION 1 1.3 PROJECT OBJECTIVE 2 1.4 PROJECT TEAM 2 2.0 PROJECT ORGANIZATION 3 2.1 PROJECT ORGANIZATION 3 2.2 PROJECT TEAM MEMBERS - ROLES AND RESPONSIBILITIES 3 3.0 COMMUNICATION 5 3.1 GENERAL 5 3.2 COMMUNICATION STRUCTURE 5 3.3 RECOGNIZED COMMUNICATIONS 5 3.4 DIRECTING CORRESPONDENCE 5 3.5 CORRESPONDENCE WITH REGULATORY AGENCIES 5 3.6 RECORDING PHONE CALLS 6 3.7 MEETINGS AND MINUTES 6 3.8 APPROVAL PROCEDURES 8 3.9 REPORTS (GENERAL) 8 3.10 EXTERNAL COMMUNICATIONS 9 3.11 PROJECT WEB SITE 9 3.12 PROJECT CONTACT LIST 9 4.0 PROJECT WORK PLAN 10 4.1 GENERAL 10 4.2 PROJECT MANAGEMENT 10 4.3 TECHNICAL DELIVERABLES 13 5.0 PROJECT COST MANAGEMENT 16 5.1 GENERAL 16 5.2 PROJECT BUDGET 16 5.3 PROJECT COST PLAN 16 5.4 SCOPE REVISIONS/ENHANCEMENTS 16 5.5 MONITORING AND CONTROL 17 5.6 REPORTING 17 6.0 PROJECT SCHEDULE 18 6.1 GENERAL 18 6.2 BASELINE PROJECT SCHEDULE 18 6.3 MONITORING AND CONTROL 18 6.4 SCHEDULE OVERVIEWS 18 Stantec City of Corpus Christ Wastewater Treatment Consolidation Program Project Implementation Manual 7.0 DOCUMENT STANDARDS AND PROCEDURES 20 7.1 GENERAL 20 7.2 DRAWING STANDARDS 20 8.0 QUALITY PLAN 21 8.1 GENERAL 21 8.2 RESPONSIBILITIES 21 8.3 PRODUCT CONTROL 22 8.4 AUDITS 23 9.0 ADMINISTRATION 24 9.1 GENERAL 24 9.2 CONFIDENTIALITY 24 9.3 PROJECT FILES 24 9.4 CONTRACTS 24 9.5 CORRESPONDENCE 25 9.6 PROJECT STATUS REPORTING 25 9.7 MEETING AND MINUTES 25 9.8 PAYMENT PROCEDURES 25 LIST OF TABLES Table 1.1 - Summary of Existing Wastewater Treatment Plants 1 Table 1.2 - Project Team 2 Table 2.1 - Project Team Roles and Responsibilities 3 Table 2.2 - Project Roles and Responsibilities 4 Table 3.1 - Tentative Meeting Schedule 7 Table 3.2 - Approvals Milestones 8 Table 4.1 - Project Management Reports 11 Table 4.2 - Summary of Proposed Technical Deliverables 13 Table 5.1 - Engineering Fee Estimate Summary 16 Table 6.1 - Key Project Deliverable Dates 19 Table 8.1 - Team Roles and Responsibilities for Implementing Quality Plan 22 LIST OF APPENDICES • Appendix A - Wastewater Treatment Plant Service Area Map • Appendix B- Lift Station Location Map • Appendix C - Project Organizational Chart • Appendix D - Project Contact List • Appendix E Work Task Breakdown ands Fee E€t mat • Appendix F - Preliminary Project Schedule • Appendix G - Scope Change Form • Appendix H - Example Financial Report • Appendix I - Professional Services Contract Stantec PROJECT IMPLEMENTATION MANUAL 1.0 INTRODUCTION October 19, 2015 1.0 INTRODUCTION 1.1 PROJECT IMPLEMENTATION MANUAL A Project Implementation Manual (PIM) is a unique standalone document describing the business systems and processes required to implement a particular project. The plan is developed from the understanding of the procedures and deliverables required for the project. The PIM is to be used as a basis for communication between the Project Team and City personnel for the duration of the project. A project implementation plan will use the client's systems, Stantec's systems, or a combination of both. Should the plan not specifically address a particular issue on the project, it is assumed that the standards in place for Stantec will be used. The plan is used as a tool for communicating the City's needs with the Stantec Team. It is a record of what is agreed to be done, and forms the basis for the control of all subsequent activities. 1.2 PROJECT DESCRIPTION The City's Wastewater Department operates and maintains the wastewater collection and treatment systems, and also provides for disposal of biosolids and the delivery of effluent for reuse. The Wastewater Department is currently responsible for the City's collection system infrastructure, which consists of 1,282 miles of wastewater lines, 109 miles of force mains, and 100 lift stations. Treatment facilities include 6 wastewater treatment plants, with a total rated daily treatment capacity of 42.7 million gallons per day. The resulting effluent is discharged to a receiving watercourse or reused for landscape irrigation. The six wastewater treatment facilities are strategically located throughout the City. The Wastewater Service Area Map reflects the various zones created in the City's infrastructure that allows the wastewater to flow to any of the six plants. The service area is indicated in the service area map enclosed in Appendix A. The details for each of the six wastewater treatment plants are summarized in Table 1.1 below. Table 1.1 - Summary of Existing Wastewater Treatment Plants Plant Initial Operation Capacity (MGD) Allison WWTP 1966 5.0 PI di Broadway WWTP 1938 8.0 Ni Greenwood WWTP 1959 8.0 0 al Laguna Madre WWTP 1971 3.0 A( Oso WWTP 1941 16.2 A( st( A( Whitecap WWTP 1971 2.5 TOTALS 42.7 Treatment Process Staffing g flow activated sludge with sludge gestion 10 staff w plant is activated sludge with UV nventional activated sludge with aerobic digestion tivated sludge with aerobic digestion tivated sludge operated in contact bilization mode with aerobic digestion tivated sludge process 12 staff 10 staff 8 staff 16 staff 5 staff 61 staff Stantec PROJECT IMPLEMENTATION MANUAL 1.0 INTRODUCTION October 19, 2015 The Wastewater Department's major maintenance activity is the operation and maintenance of 100 lift stations (refer to the lift station map enclosed in Appendix B). Lift stations are designed to pump wastewater from lower to higher elevations for the purpose of providing a continuous flow through the grid of underground wastewater lines. Each lift station connects to high density polyethylene (HPDE) or PVC force main piping that leads to the next lift station and eventually empties to one of the six wastewater treatment plants. The lift stations are operated and maintained using a staff of 34. Improvement and expansion costs for the wastewater system continue to mount due to the systems age and changes to discharge requirements imposed by the Texas Commission of Environmental Quality (TCEQ). The projected continuous growth of the City is expected to require construction of expansions at several of the plants in the next 5 to 10 years. Wastewater Department staff have recommended that, with the exception of the Broadway Wastewater Treatment Plant, all of wastewater treatment plants be consolidated as soon as possible. This consolidation will result in operations and maintenance cost savings and the ability to use treated wastewater effluent as a non -potable water supply on a more comprehensive basis. This would include the industrial/port, recreational, and environmentally sensitive areas during periods of drought. 1.3 PROJECT OBJECTIVE The primary objective of this project is to determine the optimal long-range wastewater treatment plant consolidation plan and supporting trunk sewer/pumping scenario. The optimal plan will minimize the impact to rate payers from recommended improvements. An implementation plan will be developed based upon the optimal strategy. 1.4 PROJECT TEAM The project team consists of supporting members of various groups. They represent their organizations with a common goal of project success. The core members of the project team are summarized in Table 1.2. Table 1.2 - Project Team Team Member Relationship City of Corpus Christi Stantec Consulting LNV Bath Engineering Tischler Bise Kailo Communications CRG Engineering Client Prime Consultant Subconsultant to Stantec Subconsultant to Stantec Subconsultant to Stantec Subconsultant to Stantec Subconsultant to Stantec End of Section 1.0 Stantec 2 PROJECT IMPLEMENTATION MANUAL 2.0 Project Organization October 19, 2015 .+ PRQJEL1 ORGANIZATION 2.1 PROJECT ORGANIZATION The project team consists of numerous stakeholder organizations working together to meet the common goals of the project. Active communication is the key ingredient to expediting project information between the various stakeholders, but requires a clear understanding of formal channels to be followed to ensure the information is appropriately accepted and acted upon. The project organizational chart together with roles and responsibilities of key members of each stakeholder organization is enclosed as Appendix C. It is important to understand the overall management of the project falls under the leadership of the City's Project Manager. The assigned City Project Manager for the study, Mr. Brian Butscher, must be made fully aware, at all times, of communications that will affect the scope, budget, and schedule of the project. All communications to Mr. Butscher will go through the overall Consultant Project Manager from Stantec, Mr. Robert Simm. Mr. Butscher will report to a City Steering Committee consisting of Senior City Staff. The Project Steering Committee members will include Mark Van Vleck, Jeff Edmonds, Gus Gonzalez, and Ron Olson. The City and Stantec Project Managers will meet with the Steering Committee on a regular basis to review project progress and receive overall direction on the project All Stantec and subconsultant staff are advised that when formal decisions are required with respect to directions, approvals, and/or actions, they must be communicated through and receive the appropriate direction from the Stantec Project Manager. Stantec's primary contact is Mr. Robert Simm and all internal communications on this project must go through him. The communications plan for the project is presented in Section 3.0. 2.2 PROJECT TEAM MEMBERS - ROLES AND RESPONSIBILITIES The roles and responsibilities of each of the project team members are summarized in Table 2.1. Table 2.1 - Project Team Roles and Responsibilities Team Member 1 City of Corpus Christi Stantec Consulting LNV Bath Engineering Tischler Bise Kailo Communications CRG Engineering Role Project developer; oversee overall project direction, operations, and maintenance of existing wastewater system Project manager and program management; evaluation of conveyance alternatives, advanced treatment alternatives, operational strategies, alternative project delivery models, and reuse/product water opportunities Facility evaluation and treatment alternatives, evaluation of conveyance alternatives, hydraulic modeling of scenarios, local regulatory compliance, and cost estimation Facility map evaluations and alternatives, cost estimation Rate impact studies, assessment of funding capacity, alternative financing opportunities Public and stakeholder workshops, project website Hydraulic modeling of scenarios Stantec 3 PROJECT IMPLEMENTATION MANUAL 2.0 Project Organization October 19, 2015 The project is scheduled to be completed by early August 2016 assuming a project start date of January 11, 2016. The key project personnel, associated roles, and responsibilities are presented in Table 2.2 below. The list will be updated only in cases of employment termination. It is noted here that no project team member is to be replaced without the prior written approval of the City's Project Manager. A detailed project contact list for all stakeholders is enclosed as Appendix D. Table 2.2 - Project Roles and Responsibilities Team Member Role Contact Information Responsibilities Robert Simm Consultant • Stantec Consulting • Ensure team has adequate (Local) Team Project Manager 801 Navigation Street, Suite 300 • resources. Prime contact with City. • Corpus Christi, TX 78408 Ph: (361) 883-1984 • Responsible for overall study coordination. • • Cell: (602) 421-9395 rob.simm@stantec.com • Oversee project and ensure work plan objectives are completed on time. • Budget and schedule control and invoicing. Bob Campbell O&M • Stantec Consulting • Lead physical condition (Local for field Evaluation 1859 Bowles Ave, Suite 250 surveys and O&M evaluations work associated Lead Fenton, MO 63026 of treatment plants and key lift with O&M • Ph: (636) 343-3880 stations. evaluations) • • Cell: (314) 313-1750 bob.campbell2@stantec.com • Primary author of technical memoranda numbers 5, 6, and 10, and the interim operations plan. Guy Le Patourel Infrastructure Evaluation • Stantec Consulting 5172 Station Way • Lead all infrastructure evaluations. Lead • • • Sarasota, FL 34233 Ph:(941)-225-6174 Cell: (941)-735-7797 guy.lepatourel@stantec.com • Lead the development and evaluations of alternatives for the wastewater consolidation. Carson Bise Financial Lead • Tischler-Bice 4701 Sangamore Road • Lead the user rate assessment and affordability analysis. Bethesda, MD 20816 • Ph: (301)-320-6900 • • Cell: (240)-401-4031 carson@tischlerbise.com Dan Regulatory • LNV Engineering Inc. • Oversee consultant contacts Leyendecker and Governmental 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 with state regulators and governmental officials. Liaison • Ph: (361) 883-1984 • • Cell: (361) 960-2279 danl@Invinc.com Logan Burton Sewer System Evaluation • LNV Engineering Inc. 801 Navigation Street, Suite 300 • Lead evaluation of existing wastewater collection system. Corpus Christi, TX 78408 • Ph: (361866-2121 • CeII: (361) 876-0673 • Ioganb@Invinc.com End of Section 2.0 Stantec 4 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 3.0 COMMUNICATION 3.1 GENERAL Proper communication is vital to the success of the project. Project communications are the process by which information is exchanged resulting in action; therefore, it is very important that communication processes are clearly understood and followed. This will ensure information is relayed and acted upon appropriately and effectively. The manner in which items are communicated will have a major impact on the project's outcome. Communications can be: • Written formal • Written informal • Oral formal • Oral informal 3.2 COMMUNICATION STRUCTURE All project communications requiring formal action, approvals, direction, etc. that will have an impact in any way on the project scope, budget, or schedule, must be communicated through the Stantec Project Manager. All communications with the City must go through the City Project Manager, Brian Butscher. It is essential that all lines of communication not be violated. 3.3 RECOGNIZED COMMUNICATIONS Only written correspondence will serve as recognized communication for this project. While verbal communication is necessary, it will not serve as a conveyance of operating direction or functional authority, approval, or notification of action. Written correspondence shall consist of letters, transmittals, faxes, emails, and minutes of meetings where actions are clearly delineated, as well as written confirmation of telephone conversations. 3.4 DIRECTING CORRESPONDENCE All written correspondence with the study team shall be directed to the Stantec Project Manager, Robert Simm, or the individual as designated in writing for particular aspects of the project. All written communications with the City shall be directed through the City Project Manager, Mr. Brian Butscher. 3.5 CORRESPONDENCE WITH REGULATORY AGENCIES All study team correspondence and communications with regulatory agencies must have prior approval from the City Project Manager or his designate. The team will contact regulatory and approvals agencies to confirm design guidelines and regulatory requirements only after clearance from the City and Stantec Project Manager. Records must be kept of all communications with regulatory agencies, and these are to be forwarded to both the Stantec and City Project Managers for distribution to the appropriate project team members. CP,oi Stantec 5 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 3.6 RECORDING PHONE CALLS Phone calls are made to expedite the flow of information, clarify written instructions or information, arrange meetings, and other similar reasons. Any phone call that clarifies instructions or information or contains approvals or directions shall be confirmed in writing by the originator of the call. Copies of the written confirmation shall be sent to the person phoned, as well as both of the Stantec and City Project Managers. Internal communications only need to be forwarded to the Stantec Project Manager. As indicated in Section 3.3, both emails and faxes are an acceptable form of communication and can be used as the medium to confirm verbal instructions/directives and approvals. 3.7 MEETINGS AND MINUTES The purpose of project meetings is to bring project issues requiring action to a group of individuals in an effort to establish requirements, directions, solutions, advice, and knowledge with respect to the project needs and activities. A tentative meeting schedule has been established for the project based upon the project requirements. Each meeting will be controlled by the chair, who will identify its purpose, including the protocol around authority, responsibilities, distribution, etc. These requirements will be communicated through formal meeting recordings (meeting minutes). Meetings will be held via conference call as/when appropriate. The tentative project meeting schedule for upcoming meetings is summarized as Table 3.1 on the following page. All other meetings are identified in the detailed Project Schedule. Meeting minutes are essential to providing information, action requests, and directions to various groups and project team members. Formal processes are required to ensure that appropriate information is provided efficiently, effectively, accurately, and in a timely manner for those involved to participate. In general all meetings must follow the following processes and procedures: • An agenda must be prepared and sent out five working days prior to the meeting identifying meeting participants, location, time, and purpose. • Meetings must be brought to order at the scheduled time and kept to the purpose at hand. • Agenda shall be reviewed and revised as appropriate and agreed, identifying new issues to be discussed. • Meeting to be chaired by the designated chair who shall control subject discussions and the group in general (dismiss all side meetings that arise). • All meeting minutes must contain action columns identifying action responsibilities and timelines. • Minutes must be accurately recorded, typed, and distributed within three working days following the meeting to allow for any misunderstandings or interpretations to be addressed prior to the next meeting. • All minutes must be reviewed, accepted, and signed by the chair prior to distribution. �1 Stantec 6 • Stantec Project Manager • Stantec Functional Team Leads (as required) • City Project Manager and Steering Committee • Key City staff (as required) • Stantec Risk Specialist • Stantec Project Manager • Stantec key functional team leads • City Project Manager • Key City staff (as required) • Constructability review tea m PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 Table 3.1 - Tentative Meeting Schedule Meeting/Workshop Frequency Project Kick-off Meeting Project Progress Meetings Internal Coordination Meetings Informal Coordination Meetings with City Staff Project Partnering Workshop City Review Workshops Risk Management Workshop Stakeholder Engagement Sessions Once Biweekly (total 14) Weekly (total 28) As required 2 meetings (one at project start and one prior to starting Phase 2 of the project study) 3 meetings (one at the end of each study phase) 1 meeting (prior to completion of Phase 2) 3 meetings (one at the start, one to present options, and one to present the final plan) Purpose/Objective • Finalize proposed work plan and receive feedback from proposal evaluation process. • Establish clear and common understanding of project objectives, schedule, and lines of communication. • Introduce principal members of the City's and consultant's teams. • Review the consultant Project Manager's progress reports and status of the scope, schedule, budget, and any issues that may affect completion. • Coordination of functional team activities, resolution of technical issues, and identification of issues to be addressed with Cit staff. • Address project specific issues in a timely manner to facilitate schedule compliance. • Develop clear and concise definition of the project with roadmap to move project forward and define expectations and deliverables. • Develop understanding of project objectives among key project stakeholders. • Review the draft plan developed at each phase, review stakeholder comments, and reach consensus on path forward. • Review project risks and identify potential impact upon project success. • Identify and review various risk mitigation strategies. • Meeting with stakeholders group, including the public, developers, chamber of commerce, industry, city staff, and interest groups to review progress and obtain comment and input on the plan. Required Attendees • City Project Manager • Stantec Project Manager • Key Team and City staff as required • City Project Manager and City Steering Committee • Stantec Project Manager • Stantec Project Manager • Functional Team Leads • City Project Manager • City Project Manager and Steering Committee (as required) • Stantec Project Manager • Key technical staff from Stantec & City as required • Key project stakeholders from the City • Stantec • Key regulatory staff • Other consultants (as required) • Stantec Project Manager • Stantec Key Technical Staff • City Project Manager and key staff • Key stakeholder groups obi Stantec 7 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 3.8 APPROVAL PROCEDURES As the project moves through its various phases from inception to completion, milestone approvals will be required within each of the work phases prior to moving to the next. Each work phase may contain one or several processes requiring different levels of authorization to proceed. A listing of important upcoming project approval milestones is listed in Table 3.2 below. A complete list is included with the enclosed project schedule. Where authorized approvals are required, a formal sign -off document will be circulated and distributed to the appropriate parties at the City for action. Table 3.2 - Approvals Milestones Milestone Due Date Formal Notice to Proceed (NTP) Affordability Analysis (Technical Memorandum No. 1) Flow and Load Projections (Technical Memorandum No. 2) Date for First Stakeholders Meeting Preliminary Siting Study for Central Plant (Technical Memorandum No. 11) Date for Second Stakeholders Meeting Draft Capital Improvement Plan Draft Implementation Plan January 1, 2016 February 25, 2016 February 3, 2016 February 1, 2016 March 11, 2016 February 22, 2016 May 2, 2016 August 5, 2016 Rationale/Importance Need City approval to commence work. User rate target will govern the supportable capital program and the options for consolidation. Flow and loading projections will drive the size of future facilities and the associated costs. The first stakeholder's meeting is tentatively set for January 20, 2016. We are assuming one month's lead time is required to notify the public about the meeting. Need concurrence on the sites being considered for the central plant facility to advance project. The second stakeholder's meeting is tentatively set for February 9, 2016. We are assuming one month's lead time is required to notify the public about the meeting. Need comments on the draft plan to finalize the project. Need comments on draft implementation plan to finalize the project. Approvals Required City Project Manager Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee and Council Project Steering Committee Project Steering Committee 3.9 REPORTS (GENERAL) Communications through reports is one of the major tools used to not only obtain required milestone approvals, but also relay important project status to project team members. Reports will assist in scheduling of future actions and activities of the project team and outside organizations having an influence on the project's function, use, and success. obi Sta me c 8 PROJECT IMPLEMENTATION MANUAL 3.0 Communication October 19, 2015 A listing of project reports is provided in Section 4.0. All consultant reports are communicated through the Stantec Project Manager for acceptance and distribution. 3.10 EXTERNAL COMMUNICATIONS The Stantec Project Manager is responsible for the preparation and communications plan and process with external stakeholders, communities, and media during the project. Mr. Simm will act as the first point of contact and spokesman for all project related issues. 3.11 PROJECT WEB SITE Stantec will develop a project Buzzsaw site to facilitate the timely exchange of data and information pertaining to the project. All project team members are required to use this tool for the duration of the project. The Buzzsaw site address will be provided to all project team members three days after receipt of the project Notice to Proceed. Key project team members will be assigned a user name and password to access this site. Stantec will post all reports, drawings, and specifications on the Buzzsaw site for review by both City and consultant team members. The information on the Buzzsaw site will be filed according to the file index presented in Section 9.0. Stantec will construct and maintain a project website for the duration of the project. The project website will be used as a communications tool to communicate with the public at large on project background, information, and progress. The project website will be up and running within two weeks of receiving the project Notice to Proceed. 3.12 PROJECT CONTACT LIST The project contact list includes the names of all the project participants and company they represent with telephone, fax, and cell numbers and email addresses. The project contact list will be updated on a regular basis. Please refer to Appendix D - Project Contact List (List to be developed prior to project commencement). End of Section 3.0 �1 Stantec 9 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 4.0 PROJECT WORK PLAN 4.1 GENERAL The project requires a clear understanding of the project objectives, and a defined procedure to reach those objectives. A disciplined approach to the work scope constrained by the available budget and schedule to complete the required work in a logical manner requires a thought out approach for each phase of the work to be completed. The proposed project scope is detailed in the text that follows. 4.2 PROJECT MANAGEMENT Project management is an important aspect of every major project. The project management will be conducted by Robert Simm. A work task breakdown is presented here, and this will be refined in consultation with the other project stakeholders. We will implement Earned Value (EV) reporting on all aspects of the project. Our basic approach to EV is to divide the project/contract into work tasks or activities, allocate the total budget to each task, establish target schedule for each task, allocate budget over schedule, establish a benchmark or spending target (budget cost of work scheduled), and calculate EV as budget cost of work schedule times actual progress. A copy of our proposed work plan tasks/activities and associated fee estimate is enclosed as Appendix E. Our team will also measure project performance using both cost performance and schedule performance indices calculated by measuring performance against initial spending targets, including the actual cost of work performed against the budgeted cost of work performed. We will then look for negative trends; review, analyze, and explain variations; and take corrective action as required. Stantec's project manager will work with the City to further develop the consensus project schedule, and use this for overall schedule control purposes. A master Level 2 Project Control Schedule (PCS) will be created based upon the critical path method (CPM). The PCS will integrate all activities and show those activities that are on the critical path. Once approved by the project team, the CPS will be frozen and used as a baseline schedule for progress measurement purposes. We will monitor the PCS on an ongoing basis and regularly provide a progress status report. We will analyze trends and evaluate the impact, if any, identifying schedule slippage through the regular review and monitoring process, ensuring action/recovery plans rectify any problem areas. All schedules will be developed using Microsoft Project. The baseline project schedule is provided in Appendix F. �1 Stantec 10 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 A document control system will be developed, incorporating an electronic document management system to ensure the control of all corporate, financial, program, and project - related documentation and communications. Documents will be registered, indexed for cross- referencing, placed in a secure storage area, and otherwise made available for rapid retrieval and inspection. Critical and/or confidential documents will be secured in an appropriate storage system and, where required for digital files, a suitable back up copy will be generated and stored off-site. Stantec has developed a Quality Plan (refer to Section 8.0) designed to make sure objectives are well defined and permit a project team performance assessment at the end of the project as part of the project close out activities. We have formed a Quality Assurance Control Team led by Mr. Reno Fiorante and composed of experienced senior engineers. The QA team will monitor overall project quality, develop comprehensive plans, implement changes as necessary to improve the quality of the product produced, and ensure all communications are properly recorded and all work files are kept up to date. Timely effective communications are critical to this projects overall success. Key team members must meet on a regular basis to ensure two way communications. A listing of required project meetings and proposed project workshops was summarized previously in Table 3.1. We will prepare and distribute all meeting minutes and workshop notes within three business days of the meetings completion. Stantec's project management team will prepare a multitude of project reports to keep the City and internal project team members informed and on track. A summary of the project reports to be completed during the projects duration is presented in Table 4.1 below. Table 4.1 - Project Management Reports Management Report Frequency Purpose/Objective Responsible Party Labor Distribution Report Deliverables Checklist Project Schedule (as part of monthly progress report) Stantec Weekly Bi -weekly Bi -weekly • Track engineering project costs on a weekly basis for internal cost control purposes (available to the City upon request). • Summary report indicating the most up to date status of all project deliverables, including future deliverables. • Will include agreed upon delivery dates (based upon the baseline schedule agreed to at the project start) and current delivery date. • Report on schedule compliance and provide look ahead schedule. Stantec Project Manager Stantec Project Manager and City Project Manager Stantec Project Manager 11 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 Management Report Frequency Purpose/Objective Responsible Party Monthly Progress Reports Project Invoices Action / Issue / Decision Log Project Implementation Manual Meeting Agenda and Information Package Quality Control Documentation Monthly • Report on work completed to date • Work schedule for upcoming month • Percent complete on a per task basis • Earned Value (EV) • Updated project action, issue, and decision log • Issues impacting project schedule or project cost and actual cost implications • Potential changes in scope of work • Status of the project budget • Status of the project schedule • Recovery plan for budget and schedule as required • Overall project budget and schedule completion in graphical format • Projection of monthly cash flow • Resource loaded schedule. Monthly Monthly • Invoice total for the month along with project earned value. • Identify all critical project decisions and actions/issues on a go -forward basis. Log will keep track of all critical decisions and issues. Ongoing Ongoing Ongoing • Refer to text below. • Provide agenda for upcoming meetings and associated background information. • Provide an audit trail of the internal QA/QC reports generated throughout the project. • Reports will include issues and resolution. Stantec Project Manager Stantec Project Manager Stantec Project Manager and Functional Team Leads Stantec Project Manager Stantec Project Manager Stantec Project Manager and QA/QC Lead The project management processes to be followed are incorporated into the PIM. Each component of the PIM is carefully monitored and observed, and deviations are addressed as they emerge. Stantec's Project Manager is responsible for monitoring the design teams' performance relative to the prescribed plan. This PIM contains project goals, objectives and assumptions, levels of authority and decision making, primary project constraints, communication protocols, detailed project scope, quality assurance goals, detailed listing of project deliverables, project schedule, list of key stakeholders noting their needs and concerns, internal cost management plan, roles and responsibilities of key participants, and internal risk management plan. This PIM is a dynamic document that will be updated on a regular basis as conditions and/or expectations change. Stantec 12 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 4.3 TECHNICAL DELIVERABLES The results of the studies and site investigations conducted for this project will be summarized in a series of technical memoranda (TM) and reports to expedite review and therefore project schedule. A summary of the proposed key technical deliverables to be produced for this study are presented as Table 4.2. Table 4.2 - Summary of Proposed Technical Deliverables Deliverable TM No. 1 - Wastewater System User Rate Review. TM No. 2 - Sewer Flow and Load Projection by Sewer Shed. TM No. 3 - Water Reuse Market Opportunities and Financial Benefit TM No. 4 -Review and Summary of Existing and Potential Regulatory Requirements. TM No. 5 - Physical Condition Survey of Wastewater Treatment Plants and Major Pumping Stations TM No. 5A - Review of Existing Collection System Hydraulics and Their impact on Site Selection. TM No. 6 - Wastewater Treatment Plant Benchmarking and Operations Assessment. TM No. 7 - Existing and Future Treatment Requirements Purpose/Objective • Review of planned infrastructure spending plans/CIP, review city and utility bonding capacity, estimate supportable construction spending, determine target user rate range in consultation with stakeholders. • Review of consolidated plan and development plans for individual sewer sheds. • Develop flow and load projections by sewer shed. • Confirm potential industrial and commercial reuse opportunities with city staff, conduct market sounding to confirm interest and requirements for reuse water, and meet with potential reuse customers and confirm interest and commercial requirements. • Review EPA proposals on treatment requirements, including ammonia, effluent virus, and CSO rules. • Review current discharge permits and identify potential upcoming changes. • Confirm treatment requirements for water reuse. • Review each plant and major pumping station operations with process, operations and discipline staff and document physical condition and CIP requirements to maintain operations. • Review existing collection system hydraulics and the associated potential impact on the location of a consolidated centralized wastewater treatment plant • Benchmark O&M costs of existing plants against other comparable systems in the state and country. • Provide suggestions to optimize operations and reduce costs. • Identify most likely treatment requirements for each of the current plants over the next 20 years and the associated capital and O&M costs. Responsible Party • Financial Team (lead by Carson Bise of Tischler Bise) • Infrastructure Evaluation Team (lead by Logan Burton of LNV). • Program Management Team (lead by Vijay Sundaram of Stantec). • Program Management Team (lead by Brian Sirbovan with support from Dan Leyendecker and Alan Vicory). • Operations Evaluation Team (lead by Bob Campbell with support from LNV and Bath Engineering discipline engineers). • Infrastructure Evaluation Team (lead by Logan Burton of LNV). • Operations Evaluation Team (lead by Bob Campbell with support from LNV and Bath Engineering discipline engineers). • Infrastructure Evaluation Team (lead by Josh Boltz) Stantec 13 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 Deliverable Purpose/Objective Responsible Party TM No. 8 - Biosolids Management Plan TM No. 9 - Odor Control Management Plan TM No. 10 - Capital and O&M Cost Estimates for the Status Quo Alternative TM No. 11 - Identification and Evaluation of Alternative Locations for Central WWTP. TM No. 12 - Evaluation of Short -Listed WWTP Consolidation Scenarios TM No. 13 - Project Delivery Approach Draft Capital Plan • Identify residuals generation in consultation with treatment specialist. • Identify potential uses and repository for treated biosolids. • Evaluate biosolids management options and recommend biosolds management approach. • Review historical odor complaints. • Review existing odor control management practices and evaluate efficacy. • Review odor control options and recommend odor control management approach. • Estimate expansion and upgrade requirements for existing infrastructure to meet current and proposed regulatory requirements. • Prepare capital and O&M cost estimates for upgraded and expanded infrastructure. • Review potential plant locations with city staff and prepare "short-list" of up to three locations, including scenarios for consolidation at more than one plant site • Infrastructure Evaluation Team (lead by Charlie Alix) • Infrastructure Evaluation Team (lead by Joe Uglevich) • Operations Evaluation Tea m/Infrastructure Evaluation Team (lead by Bob Campbell) • Project Management Team (lead by Robert Simm) • Review most likely decommissioning schedule and consolidation scenario for existing plants in consultation with city staff. Document potential opportunities to optimize the decommissioning schedule. • Review up to three potential consolidation scenarios and evaluate the capital and O&M cost associated with each based upon the identified optimal treatment requirements. • Review collection system, pumping station, and force main upgrading/expansion requirements for each of the three identified treatment facility scenarios. • Triple bottom line assessment of short listed consolidation scenarios. • Identify key contracting packages for overall program • Conduct business case analyses for each contracting package and identify the most appropriate delivery method for each. • Revisit potential decommissioning plan and evaluate alternatives for timing and approach. • Revisit potential options for collection system, pumping station, and forcemain routing and select optimal for each. • Identify contracting packages for identified capital works. • Prepare draft CIP. • Infrastructure Evaluation Team (lead by Guy Le Patourel) • Program Management Team (lead by Brian Sirbovan) • Project Management Team (lead by Robert Simm) Stantec 14 PROJECT IMPLEMENTATION MANUAL 4.0 Project Work Plan October 19, 2015 Deliverable Purpose/Objective Responsible Party Risk Register • • • Prepare risk register for project implementation Conduct risk management workshop with key city staff. Identify risk mitigation strategies. • Program Management Team (lead by Brian Sirbovan) Final Capital Plan • Update capital plan based upon comments and input received. • Project Management Team (lead by Robert Simm) Draft Phasing Plan • Develop draft phasing plan and cash flow projections. • Program Management Team (lead by Brian • Use cash flow projections to confirm user rates and potential increases with time. Sirbovan) with input from Financial Team • Identify required stakeholder engagement points. (lead by Carson Bise) Interim Operations • Develop plan for maintaining facilities • Operations Evaluation Plan operational and in compliance until they are phased out. Team (lead by Bob Campbell) • Develop transition management plan for redirecting flows from the existing WWTPs. Stakeholder • Identify key project stakeholders in • Program Management Management Plan consultation with City. Team (lead by Kailo • Develop plan to engage stakeholders in overall plan implementation. Communications) Final Phasing Plan • Finalize phasing plan based upon input received • Program Management Team (lead by Brian Sirbovan) Draft Implementation • Identify trigger factors for each construction • Program Management Plan and Schedule package and most likely timing for each. Team (lead by Brian • Identify negative and positive factors impacting each trigger factor and their potential impact on overall schedule. Sirbovan) • Prepare draft implementation schedules including a pessimistic, most likely, and optimistic schedule scenario. • Develop draft implementation plan based upon recommended contracting packages and associated implementation schedule. • Develop CIP and cash flow plans for each of the schedule scenarios. Final Implementation • Finalize implementation plan based upon • Program Management Plan city comments and input. Team (lead by Brian Sirbovan) End of Section 4.0 Stantec 15 PROJECT IMPLEMENTATION MANUAL 5.0 Project Cost Management October 19, 2015 5.0 PRQJECT COST MANAGEMENT 5.1 GENERAL Cost management is the process of controlling the approved project funding while at the same time ensuring that the other project objectives of scope, quality, and timelines are met. This process commences with identifying and matching anticipated costs with the intended scope during the establishment of the Work Breakdown Structure. 5.2 PROJECT BUDGET The Stantec fee for the scope of work described in the Work Plan is enclosed in Appendix E. The following are project phases and estimated man-hours to complete each. The reader is referred to the detailed fee estimate by task enclosed in Appendix E. Table 5.1 - Engineering Fee Estimate Summary Project Phase Description Task Number Total Person Fee ($) Hours (hours) Project Management Phase 1 Phase 2 Phase 3 Develop Optimal Wastewater System Configuration Develop Phasing Plan Development Implementation Plan 100 1,082 200 4,708 300 400 1,708 738 $243,658 $802,235 $263,515 $117,779 TOTAL 8,236 $1,427,186 1 5.3 PROJECT COST PLAN The City is negotiating a scope and budget for engineering services with Stantec. The engineering fee will be fixed based upon the negotiated scope and fee. 5.4 SCOPE REVISIONS/ENHANCEMENTS Scope revisions and/or enhancements outside the approved project scope will not be accepted without the prior written approval of the City Project Manager. Only revisions within the normal context of the project scope will be entertained as long as their inclusion does not affect the project cost or schedule, and has the prior approval of the Stantec Project Manager. Requested changes that will have an effect on scope, budget, or schedule will be received by the Stantec Project Manager, and only advance once agreement has been received as to how the affected change will be resolved within the approved project parameters. A scope change form must accompany all scope revisions and/or enhancements outside the approved project scope. A copy of the required scope change form is enclosed as Appendix G. Stantec 16 PROJECT IMPLEMENTATION MANUAL 5.0 Project Cost Management October 19, 2015 5.5 MONITORING AND CONTROL Project costs will be monitored closely throughout the duration of the project. The Stantec Project Manager will submit a project summary report with the billing to the City Project Manager on a monthly basis. The project summary report will include: • Percentage completion of each work scope task. • Summary of deliverables submitted over billing period. • Calculated invoice based upon completed deliverables. • Future anticipated costs. • Approved and pending changes to the work. • Project schedule relative to the baseline schedule. A copy of a typical financial report is enclosed in Appendix H. 5.6 REPORTING Cost reporting will be provided through the Stantec Project Manager. The Project Team, and in particular the Stantec Project Manager, will issue monthly reports containing detailed costing information. End of Section 5.0 �1 Stantec 17 PROJECT IMPLEMENTATION MANUAL 6.0 Project Schedule October 19, 2015 b.+U PRUJECT SCHEDULE 6.1 GENERAL The Project Schedule is provided to ensure that the project is carried out in a timely and orderly manner. The schedule shall be completed in contiguous phases indicating milestone dates for the completion of each pertinent phase of the work. The schedule shall form the basis of scheduled activities, such that it will assist in efficient time management for the project team, allows each stakeholder to schedule their project roles effectively, provide the appropriate project cash flow projections. The initiation of the project schedule together with regular monitoring will allow suitable adjustments to be made to future scheduled activities. This will assist in ensuring the project is completed on its intended scheduled completion date. The anticipated project completion date as of October 19, 2015 is August 10, 2016. This is based upon an assumed notice to proceed on or before January 4, 2016. 6.2 BASELINE PROJECT SCHEDULE The baseline project schedule is enclosed as Appendix F. As the project has been divided the activities noted above have been separated to allow for sequential phasing of the work. As the work progresses, the baseline schedule will be updated to include greater detail of the activities originally identified as and if required. 6.3 MONITORING AND CONTROL The Project Schedule shall always indicate the originally planned scheduled activities and progress to date (by separate schedule bars), allowing at a glance, an understanding as to where the project is with respect to the planned versus actual timing. The schedule shall be reviewed weekly by the Project Team. Weekly updates can be provided via email. The weekly look ahead shall consist of discussing and providing recommendations and resolutions to slippage's or excess float discovered in the Project Schedule. 6.4 SCHEDULE OVERVIEWS All project deliverables are defined in the Design Project Task Breakdown Structure discussed in Section 4.0. The key project deliverables and the respective delivery dates are summarized in Table 6.1 on the following page. A detailed Project Schedule is provided in Appendix F. �1 Stantec 18 PROJECT IMPLEMENTATION MANUAL 6.0 Project Schedule October 19, 2015 Table 6.1 - Key Project Deliverable Dates Project Phase Key Project Deliverable Projected Delivery Date Phase I Tech Memo 1 - User Rate Analysis January 25, 2016 Physical Condition Survey of Plants and Major Pumping Stations February 22, 2016 WWTP Operations Assessment February 22, 2016 Capital and O&M Cost for Do Nothing Alternative March 2, 2016 Draft Capital Plan April 7, 2016 Final Capital Plan April 29, 2016 Phase II Draft Phasing Plan June 17, 2016 Interim Operations Plan June 17, 2016 Final Phasing Plan July 5, 2016 Phase III Draft Implementation Plan and Schedule July 25, 2016 Final Implementation Plan and Schedule August 10, 2016 End of Section 6.0 Sta me c 19 PROJECT IMPLEMENTATION MANUAL 7.0 Document Standards and Procedures October 19, 2015 • 0 DOCUMENT STANDARDS AND PROCEDURES 7.1 GENERAL The formal study begins upon the completion and approval of the Detailed Work Break Down Structure. The study process is broken down into various phases, each upon completion, requiring confirmation that the project parameters (scope, budget, and schedule) remain on target. At the completion of each of these phases, a written approval is required from the Stantec Project Manager prior to proceeding into the next phase. 7.2 DRAWING STANDARDS Drawings are to be provided using Computer Aided Drafting processes. All CAD drawings are to be completed using the Stantec CAD Standards. Stantec will issue a CAD Project Plan at the start of the project under separate cover. This plan will include the following information: • Project specific CAD information • CAD contact information • Figure standards • Drawing standards All Stantec Team members are expected to follow the Stantec CAD drawing standards on this project, without exception. End of Section 7.0 Stantec 20 PROJECT IMPLEMENTATION MANUAL 8.0 Quality Plan October 19, 2015 8.0 QUALITY PLAN 8.1 GENERAL Quality assurance is the setting up and continuous practice of quality control procedures throughout the production process. The least expensive way to do work is to do it properly the first time, no matter how much it costs. Similarly, the fastest way is to do it right the first time, no matter how long it takes. This quality plan includes procedures and work instructions that: • Identify the responsibilities of key personnel involved in executing activities. • Identify methods to be employed in the performance of the work. • Identify assurances to be performed to verify compliance with specified requirements. • Provide output from the activities, management of the output and the records to be generated as evidence of compliance. • Identify the types of quality control checks to be performed. • Identify the type and format of quality systems. • Determine the frequency and schedule of internal audits and technical reviews • Identify quality performance measurements to be used to monitor quality trends. 8.2 RESPONSIBILITIES The Stantec Project Manager will be responsible to liaise with the City Project Manager to coordinate functions associated with quality enhancement, including: • Ensure adherence to the Quality Plan • Ensure the allocation of sufficient resources to satisfy the requirements of the Quality Plan. • Ensure stewardship of the administrative systems and procedures are established and carried out. • Be accountable for closure of audit findings and the implementation of corrective measures identified during quality activities. • Ensure appropriate document control procedures are implemented to assure the issue of properly checked and approved project documents. • Provide appropriate documented assurance of the effectiveness of the Quality Plan. • Ensure completion of third party reviews of work to ensure the integrity of the work and control in accordance with Stantec Procedures and the Quality Plan. Stantec's QA/QC Team will be responsible for providing a third party audit of Stantec's Services and reporting to the Stantec Project Manager on the compliance of the Stantec Project Team's activities in accordance with these procedures. The responsibility for quality is shared across the Project Team and summarized in the Table 8.1 on the following page. �1 Stantec 21 PROJECT IMPLEMENTATION MANUAL 8.0 Quality Plan October 19, 2015 Table 8.1 - Team Roles and Responsibilities for Implementing Quality Plan Robert Simm Reno Fiorante Functional Team Leads Role Responsibilities Project Manager QA/QC Team Lead Ensure allocation of sufficient resources to carry out QA/QC plan, final audit to ensure all QA/QC procedures have been followed, and final sign off on all deliverables Be accountable for adherence to the quality plan, ensure appropriate documentation of QA/QC procedures, and lead all external independent and City reviews. Responsible for checking all technical work within their respective team prior to submittal to external QA/QC team. Also responsible for documenting the level I review process. The quality program will remain active throughout the study to ensure all design criteria, standards, codes, and specifications are met. Design notes and calculations will be prepared and included in all submittals. The Functional Team Leads will establish the design format and a checklist, including design criteria and standards, design assumptions listed, information and data sources referenced or attached, formulae and symbols listed and defined, project number, date, page numbers, designer and checker names and initials, and computer printouts and labels to be attached. 8.3 PRODUCT CONTROL A separate budget has been allocated to carry out the appropriate review of deliverables. The following outlines reviews to be completed in support of product control for the project. The reviews, and the reviewer(s), will execute their reviews in accordance with the Project Schedule and Quality Plan to avoid backtracking and rework. Stantec will use its standard Engineering and Design Drafting Water Sector check lists in support of completion of reports and studies. The work product review process will be as follows: • The technical lead for a specific task will submit the product and the associated completed check lists to the identified reviewer (both inter and intra disciplinary reviewers) for checking. • The appropriate reviewer will review the product marking required changes and comments on the document in red. Digital tracked changes and annotation of CAD drawings are considered acceptable; however, the reviewer is expected to keep copies of all digital files. The reviewer will prepare a review memo to the attention of the technical lead outlining substantive changes. The reviewer sends all marked up documents and the review memo back to the technical lead for action. A copy of the review memo is also sent to both the Stantec Project Manager and QA/QC Coordinator. The Stantec Project Manager will log the QC review into the project QC log. Stantec 22 PROJECT IMPLEMENTATION MANUAL 8.0 Quality Plan October 19, 2015 • The technical lead will address identified changes as appropriate and provides a written response to the QA/QC memo. The technical lead will identify changes not made and reason(s) in the response memo. The reviewer is sent a copy of the revised product, the original markups, and the response to the QA/QC memo to confirm compliance with recommended changes. A copy of the technical leads response will also be sent to the Stantec Project Manager and QA/QC Coordinator. • The process will continue until concurrence has been achieved between the technical lead and reviewer. The Project Manager will assist in resolving disagreements between the technical lead and reviewer. Each reviewer will notify the QA/QC Coordinator in writing once all product checks have been completed. • The QA/QC Coordinator will do a final review of all comments and responses to ensure there are no outstanding issues. The QA/QC Coordinator will then notify the Project Manager in writing that the QA/QC review has been completed. 8.4 AUDITS A Quality Control Audit is to confirm that the quality control process has been carried out. Reno Fiorante will be responsible for the quality control audit. The auditor will ensure that the engineering team has conducted to date activities in accordance with this QA Plan. Reports will be generated for review by the City's Project Manager and Stantec Project Manager to ensure that all recommendations have been followed or a detailed explanation made as to the difference. This report will identify non -conformances to the QA Plan, and the Stantec Project Manager will be responsible for resolving all identified non -conformances. Key performance indicators for report to the Client in support of this QA Plan are: • Cost Performance • Budget Variance • Schedule Performance • Schedule Variance • Engineering Performance • Validation of checklists compliance by Engineering Manager • Stantec QA Audit Results • Non -Conformance Corrective Action • Client/Stantec QA Audit Results End of Section 8.0 �1 Stantec 23 PROJECT IMPLEMENTATION MANUAL 9.0 Administration October 19, 2015 9.0 ADMINISTRATION 9.1 GENERAL Administration provides a clear and direct management process for monitoring, reporting, organizing, filing, and communication of the project activities. If project activities are carried out and controlled within the specific guidelines as described in the PIM, an increased level of efficiency will result, and appropriate documentation control will be formulated for the future project audits. A level of comfort that the project is in control, capable of being monitored and altered as necessary to maintain the project parameters will be established. 9.2 CONFIDENTIALITY Confidentiality is of the utmost importance. It is necessary that all Project Team members keep their communication of the project within the project envelope. Any information that needs to be publicly acknowledged and/or reported will be carried out through an appropriate department of the City of Corpus Christi. The City Project Manager will be notified when such a request is required to ensure that all of the appropriate parties are notified and direction received to address the request for information. 9.3 PROJECT FILES A project filing index has been established based upon Project Phasing and task break down. All project files will be resident on the project Buzzsaw site for the duration of the project. A special project site has been created to be used by all Project Team members. The file index system is as follows: (To be determined in consultation with City of Corpus Christi) The project file indexing system must be strictly adhered to. Any and all hand written notes and calculations that are pertinent to the project must be scanned and an electronic version must be filed in the project folder under the appropriate heading. All deliverables to be reviewed by the City are to be posted to the project Buzzsaw site. All CAD drawings and documents must be saved to the site in PDF format. The filing system for the project web site will be as follows: (To be determined in consultation with City of Corpus Christi) All documents on the project web page will be read only. 9.4 CONTRACTS The professional services contract for the design assignment is enclosed as Appendix I. �1 Stantec 24 PROJECT IMPLEMENTATION MANUAL 9.0 Administration October 19, 2015 9.5 CORRESPONDENCE As described elsewhere in this PIM, formal communication must flow through the Stantec and City Project Managers. All formal communication must be submitted in the form of a written documentation whether providing confirmation, request for information, direction, etc. related to the project. Only written correspondence will be considered as being issued, and where required, written responses must be provided. Refer to Section 2.0 for appropriate communication channeling. Informal communications shall be considered as information only, and shall not form any obligation resulting in changes to the scope, budget, or schedule of the project. 9.6 PROJECT STATUS REPORTING During the progress of the project, continual reporting will be required by all Project Team members. A formal status report will be submitted to the City Project Manager every two weeks. The leads for each project element will be expected to provide the Stantec Project Manager with a weekly report outlining the status and upcoming planned work for their portion of the project. A brief point form email is considered acceptable for these reports. The Stantec Project Manager will provide the City with a monthly status report with the regular billing. 9.7 MEETING AND MINUTES Refer to Section 3.0, Article 3.7. 9.8 PAYMENT PROCEDURES Stantec will be paid on a fixed fee per task up to an upset limit. The City will authorize payment based upon accepted deliverables. The person -hour and fee for each task item will be provided to each Task Lead. Payment will be based upon the payment schedule in this Task Work Breakdown. Therefore, it is imperative that all Team Members adhere to project deadlines for deliverables. End of Section 9.0 �1 Stantec 25 Greenwood`'`;.. City of Corpus Christi ,---L"'") Wastewater Service Areas NO CALL NAME ADDRESS MAPPM 1: 0:0:nly Jell POP Enen:Wanat ALLISON Lift Stations .o ID CALL NAME ADDRESS "a Ba.asksk, 1: 01:arliWa VWPA 1090 Mounks CI: Ealates 1000 1S°4011= 4031.:" Street Appendix B Nueces Bay Corpus Christi Boy GREENWOOIY z NO ID CALL NAME ADDRESS �/ City of Corpus Christi Wastewater Service Areas Nm Dashed Line Demotes FOrne Main trIt Stalion WA Odor Control Odar con. on, ;NW vrir H s% LArea aguna e`ne"N`':ease LAGUNA MADRE 1000 MAI ,67 SOW Odor Control Only Io CALL WEoA Appendix C Key Project Team Members City of Corpus Christi Project Manager Rob Simm. PhD QA/QC Team • Lead - Reno Fiorante, PE • Process - Bob Dawson, PhD • Pumping - John Take, PE, ENV SP • Trenchless - Don Del Nero, PE • Planning - Larissa Brown, PhD, AJCP • Modeling - Mike Van Doorn Operations Evaluation Lead Bob Campbell, PE j Operations Evaluation Team Physical Condition Surveys Bath Engineering & Stantec Discipline Experts Plant Operations Evaluations Stantec Operations Specialists Regulatory Drivers Alan Vicory, PE Dan Leyendecker, PE Infrastructure Evaluation Lead Guy Le Patourel, PE ,f Infrastructure Evaluation Team Sewer System Logan Burton. PE Jeff Coym. PE Hydraulic Specialist Fangbiao Lin, PhD Treatment Options Josh Boltz, PhD, PE Odor Control Joe Uglevich, PE Biosolids Management Charlie ARx, PE Land Use Planning Jim Paulmann, FAICP Program l Financial Management Lead Evaluation Brian Sirbovan Program Management Team Scheduler Brian Nutter, PMP Stakeholder Engagement Carol Scott APR Water Reuse Specialist Vijay Sundaram, PE Risk and Contracting Specialist Steve Fleck Lead L. Carson Bise,AicP� Financial Evaluation Team Impact Fees and Funding Strategies Julie Herlands,AaP Utility Rate Setting and Financial Planning Strategies Carson Bise,AIcP Stantec Appendix D - Project Contact List Team Member Role Contact Information Brian Butscher Robert Simm (Local) City Project Manager City of Corpus Christi Assistant Director of Treatment Utilities Department City of Corpus Christi Office: 361-826-1718 Mobile: 254-718-1995 Fax: 361-826-1889 BrianBu@cctexas.com Consultant Team Project Manager Stantec Consulting 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 Ph: (361) 883-1984 Cell: (602) 421-9395 rob.simm@stantec.com Bob Campbell (Local for field work associated with O&M evaluations) Guy Le Patourel O&M Evaluation Lead Stantec Consulting 1859 Bowles Ave, Suite 250 Fenton, MO 63026 Ph: (636) 343-3880 Cell: (314) 313-1750 bob.campbe112@stantec.com Infrastructure Evaluation Lead Stantec Consulting 5172 Station Way Sarasota, FL 34233 Ph: (941)-225-6174 Cell: (941)-735-7797 guy.lepatourel@stantec.com Carson Bise Financial Lead Tischler-Bise 4701 Sangamore Road Bethesda, MD 20816 Ph: (301)-320-6900 Cell: (240)-401-4031 carson@tischlerbise.com Dan Leyendecker Regulatory and Governmental Liaison LNV Engineering Inc. 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 Ph: (361) 883-1984 Cell: (361) 960-2279 danl@Invinc.com Logan Burton Sewer System Evaluation LNV Engineering Inc. 801 Navigation Street, Suite 300 Corpus Christi, TX 78408 Ph: (361866-2121 Cell: (361) 876-0673 loganb@Invinc.com ID 0 r.,rodek rfask Hame rurabon Start Finisll Pi-rn<sors MITIWITIF ISIS IMITIWITIFIS ISIMITIWITIF ISIS IMITIWITIFIS ISIMITIWITIF ISIS IMITIWITIFIS ISIMITIWITIF ISIS IMITIWITIFIS ISIMITI , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.3 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 78 Phase 1 - Develop OptimaIWV/TP 802000 Mon 1/11/16 Fri 4/29/16 Configmation 4., 1 day Mon 1/11/16 5829 1/11/15 7 000k2 - Rate Benchmarking 10 days Tue 1/12/16 Mon 1/25/16 2 T. Task 3 - Fbw and Load Projections days Tue 1/12/16 W.1/20/16 2 7, Task 4 - Market Sounding on reuse 20 days Mon 1/18/16 Fri 2/12/16 IFS -3 days opportunities 7 Task 5 - Review. Regulatory 5 days Mon 1/18/16 Fri 1/22/16 491-17051 Requirements 7 Task 6 - Physical Condition Survey 30 days Tue 1/12/16 Mon 2/22/16 2 of PlaMs and Mapr Pump Stations T. Task 60- Review of EAsting 14 days Thu 1/21/16 511 2/9/18 4 Collection System Hydraulics .4 Task 7 - WWTP Operations 30 days Tue 1/12/16 5820 2/22/10 2 As.ssment 7 Task 8 -Stak.older Engagement 1 day Tue 3/1/16 Tue 3/1/16 3,4,5,7,9.15 Meeting .. 1 days 7, Task 9 - Evaluation of Treatment 7 days Thu 1/21/16 Fri 2/29/16 091-1 7051 Requirements 7 Task 10 - Eval.tion of Bios.. 72o W. 1/27/16 Thu 2/4/16 691-3 Management Requirements days,11FS-3 7, Task 11 -Review Odor Control 1(000 220 1/2/15 Wed 2/10/16 11FS-3 - Management Approach days,12FS-3 T rash"- Capital and OSNI Cost . r 7 days Tue 2/23/16 W123/2/16 4,6,11,12,7,9,1 "Do Nothing" Alternative .28 7 Task 13 - Prelimi.rySiting Study 102459 5829 2/15/15 52 2/25/15 4,5,6,11,12 for Central Plant MI 7 0200-k 1S.kehoMer Engagrnent 1 day Mon 3/21/16 Mon 3/21/16 14,1591115 Meeting ..2 days 7 Task 10- Evaluation.Short-list. 20days Mon 2/29/16 Fri 3/25/16 15 Plant Locations MI .4 Task 16 -Workshop to Select Best 42090 5829 1/10/11 201 1/29/10 16,17 Overall Treatment Plant Lo.tion 7, Task 17 - Draft Capital 102a0s Fri 3/25/16 Thu 4P/16 1051-12480 Improvement Plan 7, Task 18 - au Review 2 clays Fri 4/15/16 Mon 018/16 19FS+5 days 7 1500 19 - Review Alternative S days Fri 4/15/16 Thu 4/21/16 1951152590 Delivery MetIvods 7, Task 20 - Draft Capital Plan Review 1200 52 4/21/10 52 4/22/15 21 n.rkshoP 7 020k 21 -Final Capital Plan S days Mon 4/25/16 Fri 4/29/16 22 T. Phase 2 -Develop Phasing Plan 47days on 0/2/16 001 0/1/10 .4 Task 22 -Prepare Draft Phasing 35 days Mon 5/2/16 Fri 6/17/16 23 Plan 7 Task 23 -Interim Operations Plan 35 days Mon 5/2/16 11 0/17/15 23 7 Task 24 - 0100:015801 M09000140014 days Mon 5/2/16 Tue 5/10/16 23 Plan 7 020k 40 -City Review Workshop 1705 on 6/20/16 0429 1/20/11 25,26,27 7 Task 26 -Stakeholder Engagement 1 day Tue 6/21/16 205 0/21/15 28 Meeting No. 3 7, Task 27 -Finalize Phasing Plan 10days Wed 6/22/16 Tue 7/5/16 29 7 Phase 3 -Develop Implementation 262090 5817 4/0/10 W100 0/10/10 Plan 7 500k 00 -Draft Implementation 14 days wed 7/6/16 Mon 7/25/16 30 Plan and Scheckde 7 Task 29 - My Review Wakshop 1 day Thu 8/4/16 Thu 8/4/16 32FS, days 7, Task 0 -Finalize Implementation 4 days :11 4/5/11 W.8/10/16 33 Plan arid Schedule 1/11 MI • 3/1 7--1 in Prop, Corpus-aristi-Schedule-1 Date:Wed 10/21/15 Task •••=MMI Summary •.......8 External Milestone • Ina.vo Summary V V Manual. mina, Rollup Fims8-only 3 4,,,05 1 ManualT.k Manual. mina, 11111, Deadline 4 Miltone • External T.ks Inactive Milestone 0 152 0109-0119 A. Start ry 9 91001e11 .---- Appendix F I IFIi 1.1ii IFIiiiii IFIiiiii FlIII 1.1 IFIiia 1 I F iiia iiia iii ii ii I F I I I I I I I F iiia 1.1 IFIiiiii IFIiiii Project Corpus-dlr.,-x use Da« .0/21/15 P« biermn ualSuaaRa�p Finish -only Pro ry Ina e, I manual Task Summary Deadline mikto ♦ External, Ina<me Milestone 0 rallon-on Progress page Appendix F 16,20 Project Corps<mnai-xhanwe, Date: wm.oau>s ,ask sot Mddmne . maae.eSummary 3 a ♦ summary omeats�mmary Exemairask: External Milestone V V Manual Summary aouup n w I=11 Inarn.e Milestone o 1 Manual Task aaeon- ly II= Manual summary _ Start -only EPr°gress Deadline Appendix G CHANGE ORDER NUMBER 0 Project Name: Contractor: Owner: re. NCC No.: Location: Corpus Christi Wastewater Stantec Project # Consolidation Contractor Project # Not Applicable Owner Project # Stantec Opportunity Pipeline # Quote No. Page 1 of 1 The following are changes to the contract for this project and are to be carried out as per the Contract Documents except as specifically noted otherwise. You are hereby authorized to proceed with the following work: [description of work] Net Change in Contract Price: (including all direct, indirect and impact costs) There shall be [type - "# of days" or completion date. The completion date shall be Issued by: Approved by: Increase Decrease Previous Contract Sum Revised Contract Sum (excluding applicable taxes) $ 0.00 "no time" - as appropriate] adjustment to the contract Print Name Print Name Approved by: Not Applicable Print Name Attachments: NCC Quote Copies to: [copies to] Signature (Consultant) Signature (Owner) Signature (Contractor) Revised: 2007-10-25 K:\Engineering DataExchange\JENNIFER\WASTEWATER\E15145 WWVP CONSOLIDATION PROGRAM DEVELOPMENT\ORIGINAL\CONTRACT\Appendix G.docx Date Date Date Corous Christi -Wastewater Treatment Plant Consolidation Studv Appendix H CONSULTANT PAYMENT REQUEST FORM Consultant Task*/ Basic Services Original Amedmenl No. Amendment Contract 1 No.2 Total Contract 51,427,186 Proj Invoice No. Invoice Date: Progress Inv Billing Period: 1 -Jan -16 through 31 -Jan -16 Total Invoiced Contract Dollars Dollars Remaining 50 50 Percent Spent 0% 100.100 Project Management 574,949 574,949 100.101 Client Meetings / Prep. Work 534,200 534,200 100.102 Reporting 556,574 556,574 100.103 Quality Assurance/Quality Control 567,914 $67,914 100.104 Project Implementation Plan 510,021 $10,021 Subtotal (Project Management) 5243,658 200.000 Phase 1- Develop Optimal WW Configuration -MM..- M.200.100 200,100 Rate Benchmarking 559,934 559,934 200.101 Flow and Load Projections 518,480 518,480 200.102 Market Sounding on Reuse opportunities 542,462 542,462 200.103 Review of Regulatory Requirements 518,787 518,787 200.104 Physical Condition Survey of Plants and Major Pump Stations 5102,564 5102,564 200.105 Review of Existing Collection System Hydraulics and Their impact on Site Selection. 529,818 529,818 200.106 WWFP Operations Assessment 580,892 580,892 200.107 Stakeholder Engagement Meeting No. 1 522,956 522,956 200.108 Evaluation of Treatment Requirements $33,894 533,894 200.109 Evaluation of Biosolids Management Requirements 537,044 537,044 200.110 Review Odor Control Management Approach 542,903 542,903 200.111 Capital and O&M Cost For "Do Nothing" Alternative 545,591 545,591 200.112 Preliminary Siting Study for Central Plant(s) 525,095 525,095 200.113 Stakeholder Engagment Meeting No.2 515,456 515,456 200.114 Evaluation of Short-listed Plant Locations 545,339 545,339 200.115 Workshop to Select Best Overall Treatment Plant Location 511,281 511,281 200.116 Draft Capital Improvement Plan 580,518 580,518 200.117 Risk Review $22,235 $22,235 200.118 Review Altemative Delivery Methods 515,750 515,750 200.119 Draft Capital Plan Review Workshop 59,576 $9,576 200.120 Final Capital Plan 541,660 541,660 Subtotal (Phase 1) $802,235 3 00 Phase2- Develop Phasing Plan 300.101 = Prepare Draft Phasing Plan 589,996 589,996 300.102 Interim Operations Plan 543,995 543,995 300.103 Stakeholder Management Plan 522,435 522,435 300.104 City Review Workshop 528,098 528,098 300.105 Stakeholder Engagement Meeting No. 3 530,450 $30,450 300.106 Finalize Phasing Plan 548,542 548,542 Subtotal (Phase 2) 5263,515 400.000 Phase 3 (Develop Implementation Plan) 400.101 Draft Implementation Plan and Schedule 572,230 $72,230 400.102 City Review Workshop 516,170 516,170 400.103 Finalize Implementation Plan and Schedule $29,379 529,379 Subtotal (Phase 3) 5117,779 TOTAL 51,427,186 EXHIBIT A-1 TASK LIST (Provides supplemental description to Exhibit "A". Exhibit "A-1" Task List does not supersede Exhibit "A.") Contract for Professional Services Exhibit A-1 Exhibit A-1—Task List Study Phase k Point Form Description Deliverables Phas 1 — Develop an Optimal WWTP Configuration 1 Kick-off meeting • Meet with City stakeholder group to review work program and confirm lines of communication and project schedule. Meeting minutes Scenario • Identify information requirements and timing of obtaining required information. 2 Review and benchmarking of • Review of other planned infrastructure spending plans and current CIP. Technical Memorandum No. 1 — Wastewater Corpus Christi user • Review city and utility bonding capacity System User Rate rates and taxes to determine appropriate user rate range. • • Estimate supportable construction spending Determine target user rate range in consultation with city stakeholders. Review. 3 Flow and load projections by • Review of consolidated plan and development plans for individual sewer sheds. Technical Memorandum No. 2 — Sewer Flow and sewer shed and plant contributing area • Flow and load projections by sewer shed. Load Projection by Sewer Shed. 4 Market sounding on reuse opportunities . Confirm potential industrial and commercial reuse opportunities with city staff. Technical Memorandum No. 3 — Water Reuse with local industries. • Conduct market sounding to confirm interest and requirements for reuse water. Market Opportunities and Financial Benefit . Meet with potential reuse customers and confirm interest and commercial requirements. 5 Review of anticipated regulatory • Review current EPA proposals on wastewater treatment requirements including ammonia rule, effluent virus rule, and CSO rule. Technical Memorandum No. 4 —Review and Summary of Existing requirements both state and federal. • Review current discharge permits and identify potential upcoming changes. and Potential Regulatory Requirements. . Confirm treatment requirements for water reuse. EXHIBIT "A-1" Page 1 of 6 Study Phase Task No. Task Point Form Description Deliverables 5A Review of Existing Collection System Hydraulics and Their impact on Site Selection. • Review existing collection system hydraulics and the associated potential impact on the location of a consolidated centralized wastewater treatment plant TM No. 5A — Review of Existing Collection System Hydraulics and Their impact on Site Selection. 6 Physical Condition Survey of existing Wastewater Pumping Stations and Treatment Plants. • Review each plant and major pumping station operations with process, operations and discipline staff and document physical condition and CIP requirements to maintain operations. Technical Memorandum No. 5 — Physical Condition Survey of Wastewater Treatment Plants and Major Pumping Stations 7 Wastewater Treatment Plant Operations Assessment. • Benchmark O&M costs of existing plants against other comparable systems in the state and country. • Provide suggestions to optimize operations and reduce costs. Technical Memorandum No. 6 — Wastewater Treatment Plant Benchmarking and Operations Assessment. 8 Stakeholder Engagement Meeting No. 1 • First meeting with stakeholder groups to present problem statement and garner input on project and project approach. Presentation Materials, Handouts, and Meeting notes. 9 Evaluation of optimal treatment requirements to meet existing, proposed, and potential effluent requirements. • Identify most likely treatment requirements for each of the current plants over the next 20 years and the associated capital and O&M costs. Technical Memorandum No. 7 — Existing and Future Treatment Requirements 10 Evaluate existing biosolids management practices against regulatory trends and confirm future management • Identify residuals generation in consultation with treatment specialist. • Identify potential uses and repository for treated biosolids. • Evaluate biosolids management options and recommend biosolds management approach. Technical Memorandum No. 8 — Biosolids Management Plan EXHIBIT "A-1" Page 2 of 6 Study Phase Task No. Task Point Form Description Deliverables approach. Phase 1 — Deve an Optimal WWTP Configuration Scenario 11 Review odor control management approach for collection system, pumping stations, and treatment plants. • Review historical odor complaints. • Review existing odor control management practices and evaluate efficacy. • Review odor control options and recommend odor control management approach. Technical Memorandum No. 9 — Odor Control Management Plan 12 Determine capital and O&M cost over planning horizon for the "do nothing" alternative (i.e. leave the plants the way they are and expand/upgrade them as/if required.) • Estimate expansion and upgrade requirements for existing infrastructure to meet current and proposed regulatory requirements. • Prepare capital and O&M cost estimates for upgraded and expanded infrastructure. Technical Memorandum No. 10 — Capital and O&M Cost Estimates for the Status Quo Alternative 13 Preliminary siting study for central plant. • Review potential plant locations with city staff and prepare "short-list" of up to two locations. Technical Memorandum No. 11 — Identification and Evaluation of Alternative Locations for Central WWTP. 14 Stakeholder Engagement Meeting No. 2 • Second meeting with stakeholder groups to present alternative sites considered for central plant as well as some of the alternative analyses. Presentation Materials, Handouts, and Meeting notes. 15 Evaluation of short- listed central plant locations. • Review most likely decommissioning schedule for existing plants under each central location in consultation with city staff. Document potential opportunities to optimize the decommissioning schedule. • Review up to two potential locations for central plant and evaluate the capital and O&M cost Technical Memorandum No. 12 — Evaluation of Short -Listed WWTP Locations EXHIBIT "A-1" Page 3 of 6 Study Phase Task No. Task Point Form Description Deliverables associated with each based upon the identified optimal treatment requirements. • Review collection system, pumping station, and forcemain upgrading/expansion requirements for each of the two identified treatment facility locations. • Triple bottom line assessment of short listed central plant locations. 16 Workshop to select best overall treatment plant location. • Presentation of long -list of plant locations and rationale for short-listed sites and recommended site. • Review input and comments from City. • Reach consensus on proposed plant location. Meeting Minutes, Updated Actions/Issues Log 17 Prepare draft capital improvement plan for wastewater system to build out. • Revisit potential decommissioning plan and evaluate alternatives for timing and approach. • Revisit potential options for collection system, pumping station, and forcemain routing and select optimal for each. • Identify contracting packages for identified capital works. • Prepare draft CIP. Draft Capital Improvement Plan 18 Risk Review • Prepare risk register for project implementation • Conduct risk management workshop with key city staff. • Identify risk mitigation strategies. Risk Register 19 Review alterative project delivery methods and select optimal contracting strategy for each contract package. • Identify key contracting packages for overall program • Conduct business case analyses for each contracting package and identify the most appropriate delivery method for each. Technical Memorandum No. 13 — Project Delivery Approach Phase 1 — D an Optimal WWTP 20 Draft Capital Plan Review Workshop • Presentation of draft capital plan to City and key stakeholders. Meeting Minutes, Updated Actions/Issues Log EXHIBIT "A-1" Page 4of6 Configurati Scenario Phase 2—D an Implemei Phasing Pla ntation Point Form Description 11 ,n ?velop station n • Review input and comments from City. • Reach consensus on proposed plan. 21 Final Capital Plan • Update capital plan based upon comments and input received. Final Capital Plan 22 Prepare draft phasing plan based upon selected treatment plant location. • Develop draft phasing plan and cash flow projections. • Use cash flow projections to confirm user rates and potential increases with time. • Identify required stakeholder engagement points. Draft Phasing Plan 23 Develop Interim operations plan • Develop sustainment plan for maintaining facilities operational and in compliance until they are phased out. • Develop transition management plan for redirecting flows from the existing WWTPs. Interim Operations Plan 24 Develop Stakeholder Management Plan • Identify key project stakeholders in consultation with city. • Develop plan to engage stakeholders in overall plan implementation. Stakeholder Management Plan 25 City Review Workshop • Presentation of draft phasing plan to City and key stakeholders. • Review input and comments from City. • Reach consensus on proposed plan. Meeting Minutes, Updated Actions/Issues Log 26 Stakeholder Engagement Meeting No. 3 • Third meeting with stakeholder groups to present draft phasing plan prior to finalizing. Presentation Materials, Handouts, and Meeting notes. 27 Finalize Implementation Phasing Plan • Finalize plan based upon input received Final Phasing Plan evelop g 28 Prepare draft implementation plan and schedule • Identify trigger factors for each construction package and most likely timing for each. • Identify negative and positive factors impacting Draft Implementation Plan and Schedule Phase 3—D an Implemer EXHIBIT "A-1" Page 5 of 6 Study Phase Task Task Point Form Description Deliverables No. each trigger factor and their potential impact on overall schedule. • Prepare draft implementation schedules including a pessimistic, most likely, and optimistic schedule scenario. • Develop draft implementation plan based upon recommended contracting packages and associated implementation schedule. • Develop CIP and cash flow plans for each of the schedule scenarios. 29 City Review Workshop • Presentation of draft phasing plan to City and key stakeholders. • Review input and comments from City. • Reach consensus on proposed plan. Meeting Minutes, Updated Actions/Issues Log 30 Final project implementation plan • Finalize implementation plan based upon city comments and input. Final Implementation Plan EXHIBIT "A-1" Page 6 of 6 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey 0 & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees EXHIBIT B SAMPLE PAYMENT REQUEST FORM COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date: Sample form for Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 50 $0 $1,000 $0 51,000 51,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% 56,000 51,000 $1,250 $8,250 $750 51,500 52,500 30% 52,000 50 $0 $2,000 5500 50 5500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 51,120 51,627 54,747 5500 $0 5500 11% 56,000 $1,000 $1,250 $8,250 5750 51,500 52,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% 58,000 52,120 $2,877 $12,997 51,250 51,500 $3,000 23% Contract for Professional Services Exhibit B EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. EXHIBIT B-1: HOURLY RATES DOCUMENTATION OF PROVISIONAL f OVERHEAD RATES Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPAL(S). Hourly Rate (Name) $ / hr [Name) $ I hr Project Consultant CAD Technician Cleric al Other - Specify $ i hr $ Ihr $ Ihr $ Ihr HOURLY RATE OF PR1NCIPAL(S)- SUBCONSULTANTS: SUBCONSULTANT (Name of Firm) PRINCIPAL(S) (Name) $ / hr (Name) $ 1 hr Project Consultant CAD Technician Clerical Other - Specify $ 1 Fv $ 1 hr $ /Iv $ Ihr SUBCCNSULTANT (Name of Firm) PRINCIPALS) (Name) $ / hr (Name) $ / hr Project Consultant CAD Technician Clerical Other - Specify ADD ADD1Tio NAL SUBCONSULTANTS AS NEEDED $ !hr $ Ihr $ Ihr $ /hr TX Registration Number Contract for Professional Services Exhibit B-1 EXHIBIT C DISCLOSURE OF INTEREST Contract for Professional Services Exhibit C SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION Nosesives City - of Csti CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City toroviide the following information. Every question must be answered. If the question is not applicable, answer with '`NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Stantec Consulting Services Inc. P. O. BOX: STREET ADDRESS: 1344 South Flores Street CITY: San Antonio TX ZIP: 78204 FIRM IS: 1. Corporation, 2. Partnership B 3. Sole Owner (] 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name --NA Job Title and City Department (if known) NA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title RA NA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee NA NA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant NA NA FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that al! information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Guy Le Patourel, P.E. (Type or Print) Signature of Certifying Person: Title: Vice President DEFINITIONS Date: July 24, 2015 a. `Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. g. Carpus Chr sti Engineering Wastewater Treatment Plant Consolidation Program Development Council Presentation November 17, 2015 Path Forward (from 4-28-15 Council Briefing) Corpus Chr Sli Engineering • Continue Investment in Existing Wastewater Treatment Plants • Prepare RFQ for the following services: — Evaluate WWTP site locations, size, outfall locations and/or other needs — Evaluate plant process alternatives and phasing — Develop final collection system reroute plan — Develop an Existing WWTPs Sustainment Plan — Develop Project Schedule — Develop Project Budget — Verify Rate Model — Identify Project Delivery Method — Plant Decommissioning Schedule & Land use alternatives — Develop permitting Strategy — Public involvement 2 This Item Program Development Program Manager Path Forward (from 4-28-15 Council Briefing) a Corpus Chr sli Engineering • Alternatives Evaluations, Detailed Plan, Activity Sequence, Budget Development, Risk Mitigation • One Firm or Small Team • Deliverable: Optimal Plan of Actions and Programmatic Budget • $ COUNCIL DECISION ON WASTEWATER TREATMENT PROGRAM DIRECTION • Establish Program Management Office • Procure Designers and Contractors • Simultaneously Manage Many Designers, Contractors and Stakeholders • Deliverable:SuccessfullyManaged Program • $$ Implement Program • Sustain Existing WWTP's • Build new WWTP, Pipelines, Pump Stations, WWTP Decommissioning • Deliverable: Successfully Completed Projects • $$$$$ 3 Request for Qualifications (RFQ) Consultant Selection Corpus Chr sti Engineering RFQ Phase 1- Statement of Qualifications Review: 1. Seven written statements of qualifications (SOQ's) were received; 2. SOQ's were reviewed, evaluated and ranked; 3. Five teams were shortlisted for the Phase 2 interview. RFQ Phase 2 - Presentation and Interview: 1. Selection committee consisted of City Staff and external experts; 2. Five respondents presented and interviewed; and 3. The most qualified team to execute the proposed scope of work was determined to be: The Stantec Consulting Services, Inc. Team 4. The scope of work and fee have been reviewed and negotiated by Engineering Services and the Utilities Department. Stantec Consulting Services, Inc. Selected Team Corpus Chr sti Engineering 130 Stantec Robert Simm, PhD Project Manager AGENDA MEMORANDUM Future Item for the City Council Meeting of 11/17/15 Action Item for the City Council Meeting of 12/8/15 DATE: October 26, 2015 TO: Ronald L. Olson, City Manager FROM: Yasmine Chapman, Director of Human Resources yasminec@cctexas.com 361.826.3315 Interlocal Agreement with Del Mar College for training services and facilities use. CAPTION: Resolution authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of City Employees and for the use of Del Mar training facilities. PURPOSE: The Interlocal Agreement allows the City of Corpus Christi Learning and Development to collaborate with Del Mar College to deliver learning and development courses, including the City Champions' Customer Service Program. BACKGROUND AND FINDINGS: For several years, the City of Corpus Christi and Del Mar College have annually executed two documents: the Memorandum of Agreement, which provided for the development and provision of classroom training; and a Training and Development Agreement which provided training fees for the use of Del Mar instructors and facilities. As we prepared to renew these agreements for FY'16, the Legal Department recommended creating an Interlocal Agreement consolidating the two agreements into one document. The City of Corpus Christi utilizes instructors from Del Mar College to administer the City Champions Customer Service Training, the Management Academy classroom training, Cultural Intelligence training, and other learning and development activities, as appropriate. Del Mar is used to credential our in-house supervisory and management academy programs. The college provides access to their facilities at no cost, including sessions provided at the Del Mar College Center for Economic Development, however, there may be a fee for use of their facilities for other activities, such as hosting public meetings. This Interlocal Agreement will allow us to provided accredited coursework, expand our learning and development activities for employees, as well as develop and deliver continuous customer service training through the City Champions Program. The anticipated expenses for the services and facility use will not exceed the FY 2016 budgeted amount of $65,350. ALTERNATIVES: We do not have an alternate selected for this purpose OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: None EMERGENCY / NON -EMERGENCY: None DEPARTMENTAL CLEARANCES: None FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2015-2016 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $130,000 $130,000 Encumbered / Expended Amount This item $65,350 $65,350 BALANCE $64,650 $64,650 Fund(s): General Fund Comments: none RECOMMENDATION: We recommend the approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Resolution — Del Mar College Interlocal Agreement Resolution Authorizing the City Manager, or his designee, to execute an Interlocal Agreement with Del Mar College for the training of City Employees and the use of Del Mar training facilities BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an Interlocal Agreement, in compliance with Chapter 791 of the Government Code, with Del Mar College for the training of City Employees and the use of Del Mar training facilities ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Nelda Martinez Mayor 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Nelda Martinez Rudy Garza Chad Magill Colleen McIntyre Lillian Riojas Brian Rosas Lucy Rubio Mark Scott Carolyn Vaughn INTERLOCAL COOPERATION AGREEMENT FOR TRAINING AND DEVELOPMENT This Interlocal Cooperation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, Texas , a municipal corporation and home -rule city of the State of Texas, acting by and through its governing body, the City Council, and the Del Mar College , a political subdivision of the State of Texas, acting by and through its governing body, the Board of Regents. PART 1. TRAINING PROVIDED BY DEL MAR COLLEGE TO THE CITY OF CORPUS CHRISTI SECTION I. PARTIES A. The Performing Party: Del Mar College 101 Baldwin Corpus Christi, TX 78404 SECTION II. TERMS B. The Receiving Party: City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 A. Services provided by this Agreement will begin October 1, 2015 and will end September 30, 2016. B. The Receiving Party agrees to pay for services received within 30 days from receipt of invoice. C. Either party has the right to cancel services or training specified by the Agreement for failure of the other party to perform in accordance with the terms outlined herein or in attachments or changes hereto. Such cancellation requires written notice three days prior to such cancellation. If services are deleted or cancelled, payment shall be due for all past services performed and any costs incurred providing those services, as agreed upon in Section III, Statement of Services To Be Performed. Services can be rescheduled if agreed to by both parties. D. Neither party shall be responsible to the other for personal injuries, losses, claims, or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The liability, if any, of either party shall be that prescribed by the laws of the State of Texas. E. It is the responsibility of the Receiving Party to declare if any employees are brought in from out-of-state by the company for the sole purpose of taking this course. If an employee is brought in from out-of-state, an out-of-state tuition will be charged for these employees. F. Contact persons are: 1 Liza Wisner City of Corpus Christi 361-826-3336 LizaW@cctexas.com Kiwana Denson Del Mar College 361-698-2411 Kdensonl@delmar.edu SECTION III. STATEMENT OF SERVICES TO BE PERFORMED Del Mar College will: provide instruction and expertise in a variety of management topics for the City of Corpus Christi. Topics include, but are not limited to: Supervision Skills, Strategic Planning, Leading for Results, Customer Service, Change Management, and Cultural Intelligence. Classes will be billed in 2, 4, 8, 16, 24, 32, or 40 hour increments, depending on the program needs. Technical and Industrial Training will be covered under a separate agreement. SECTION IV. SERVICE COST The service cost will be $100.00 per hour for subject matter expertise regarding new employee orientation The service cost will be $250.00 for the 2 hour program — Executive/Director Training and Secret Shopper The service cost will be $700.00 for the 4 hour program — including City Champions Customer Service The service cost will be $1,400.00 for the 8 hour program The service cost will be $2,100.00 for the 16 hour program The service cost will be $2,800.00 for the 24 hour program The service cost will be $3,500.00 for the 32 hour program The service cost will be $4,400.00 for the 40 hour program Prices include all instructional costs, supplies and class room rental. Student fees waived. The maximum number of participants per class will be up to 24 employees (class size may be smaller or larger if mutually agreed). Items such as books if requested, will be billed at an extra cost. Part 2. CITY OF CORPUS CHRISTI USE OF DEL MAR COLLEGE TRAINING FACILITIES FOR CONTINUING EDUCATION SECTION I. SCOPE The City of Corpus Christi will deliver job specific instruction accredited by Del Mar College. The instruction will be delivered within the framework of courses contained in the Texas Higher Education Coordinating Board Workforce Education Course Manual (WECM). These courses will be offered for Continuing Education (CE) credit in partnership with Del Mar College (DMC). The responsibilities of the partnering institutions are as follows: SECTION II. CITY OF CORPUS CHRISTI RESPONSIBILITY FOR CITY CONDUCTED TRAINING AT DEL MAR COLLEGE A. Provide all equipment, textbooks and supplies for delivering in-house skill development classes which are accredited by Del Mar College. 2 B. Provide instructors and instructor support for such classes. C. Ensure that all instructors meet licensing and/or accreditation requirements for their respective courses and in compliance with Del Mar College requirements. D. Provide evidence and support documents of faculty (instructor) qualifications to DMC. E. Ensure that the curricula and teaching materials for the courses comply with Del Mar College curriculum requirements, as well as the requirements prescribed by the WECM. F. Provide current and complete syllabi of all courses taught under this agreement to DMC. G. Ensure that any applicable testing regulations prescribed by Del Mar College are followed. H. Provide DMC with a completed Continuing Education Registration forms for each student. The City of Corpus Christi shall not be responsible for determining whether students meet DMC's eligibility requirements. I. Provide class rolls and student attendance records to DMC. J. Provide DMC with a completed final grade record for each student at the completion of each course, if applicable. K. Provide DMC with course evaluations and other pertinent statistical information collected n students who complete City of Corpus Christi courses covered under this agreement. L. Provide Del Mar College with all required reports in a timely manner. M. Maintain all documentation directly related to the delivery and support of customized training courses such as instructional facilities costs, instructor salaries, instructional equipment, etc. for a period of no less than five years. N. Pay all applicable room rental, catering, and reconfiguration and cleaning fees. SECTION III. DEL MAR COLLEGE RESPONSIBILITY FOR CITY CONDUCTED TRAINING AT DEL MAR COLLEGE A. Review the applicable City of Corpus Christi course curriculum to ensure its quality, relevance and adherence to any pertinent state laws, rules and regulations. B. Validate that the curricula for the courses comply with the course description(s) and contact hour requirements prescribed by the WECM for the respective courses. C. Interview instructors recommended by the City of Corpus Christi to teach agreed upon courses and review pertinent credential documentation to ensure that all instructors are compliant with the Southern Association of Schools and Colleges (SACS) and DMC policies. D. Provide appropriate CE admission documents to the Training manager, City of Corpus Christi for student registration. E. Ensure that all courses completed under this agreement are recorded on the individual student transcripts at the completion of the semester. A training/course with fewer than 7 contact hours of instruction will not generate state funding as prescribed by the Texas Higher Education Coordinating Board WECM Protocol Manual and Guidelines for Instructional Programs in Workforce Education and cannot be transcripted. An exception may be permitted when the specific type and length of 3 instruction is required by a local, state or national licensing, certifying, regulatory, or accrediting agency. F. Waive rental fees for classroom facilities' (contract and credentialed training/courses only) as requested and as available at the Del Mar College Center for Economic Development. Daily room rental fees will be assessed for room facilities' as requested and as available for all training/courses fewer than seven (7) hours of instruction. Fee schedule available upon request. Other fees, such a catering, reconfiguration and cleaning fees may apply. SECTION IV. TUITION Eligible students, as determined by Del Mar College's current policies will be exempt from tuition and fees charged by Del Mar College under Part 2 of this Interlocal Agreement. City of Corpus Christi in-kind contributions meet the guidelines as referenced in the Guidelines for Instructional Programs for Workforce Education, Chapter Three, B.8 (3) for this provision. Non - eligible students will not be reported for continuing education credit unless they pay the required tuition to Del Mar College. SECTION V. MARKETING Del Mar College and the City of Corpus Christi will jointly approve the means and content of any publicity, including the use of any of the parties' names and logos, before their publication. SECTION VI. PROGRAM REVIEW An annual review of the program and curriculum referred to in this memorandum of agreement shall be made by representatives from both institutions. Any suggested changes arising from such review shall be submitted to both parties for approval prior to their implementation. If the parties fail to agree and approve changes to the program, the program may be terminated as set forth below. Part 3. General Terms SECTION I. FUNDS AND PAYMENT. Each party paying for the performance of services must make those payments from current revenues available to the paying party. SECTION II. NO THIRD PARTIES BENEFIT. This Agreement, and all activities under this Agreement, is solely for the benefit of Parties and not for the benefit of any third party. SECTION III. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "governmental functions and services" and that Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made under chapter 791 of the Texas Government Code. SECTION IV. IMMUNITY NOT WAIVED. Nothing in this Agreement, including the execution and performance of the covenants contained in this Agreement, is intended to or may constitute a waiver or limitation of any governmental, 4 official, or other immunity, defense, or other protection afforded under state and federal law to either Party or its officers, employees, representatives, and agents. SECTION V. TERM OF AGREEMENT. This Interlocal Agreement of Agreement terminates on September 30, 2016. The agreement may be terminated by either party upon written notice to the other party sixty (60) calendar days prior to the desired effective date of termination. Such termination shall not relieve either party of their obligations to continue performance until the actual termination date, including the provision of services and the payment of any funds due. SECTION VI. AMENDMENTS TO AGREEMENT. Unless otherwise provided herein, this Agreement may only be amended by written instrument duly executed on behalf of each party. The City authorizes the City Manager and the College authorizes the Superintendent to execute subsequent amendments, limited to non -substantive modifications that do not require the appropriation of funds, without further approval from the governing body. SECTION VII. NOTICES. All notices required or permitted hereunder shall be in writing and shall be deemed properly delivered when actually received or, if earlier, on the seventh (7'1') day following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested), addressed to the respective other Party at the address prescribed below, or at such other address as the receiving Party may have theretofore prescribed by notice to the sending Party: City: City of Corpus Christi Attn: City Manager Post Office Box 9277 Corpus Christi, Texas 78469-9277 College: Del Mar College Attn: President 101 Baldwin Boulevard Corpus Christi, TX 78404 SECTION VIII. ENTIRE AGREEMENT. This Agreement, representing the entire agreement between Parties, supersedes any and all prior agreements between Parties, whether written or oral, relating to the subject matter of this Agreement. No officer or employee of either Party may waive or otherwise modify the limitations in this Agreement without the express action of the governing body of the Party or its duly authorized agents. SECTION VI. SEVERABILITY. In the event any term, covenant, or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or College in their 5 respective rights and obligations contained in the valid terms, covenants, or conditions hereof. To this end, the remaining terms, covenants, and conditions hereof are severable and continue in full force and effect. SECTION X. VALIDITY AND ENFORCEABILITY. If any current or future legal limitations affect the validity or enforceability of any provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations. As so modified, this Agreement continues in full force and effect. SECTION XI. LAWS AND VENUE. City and College shall comply with all federal, state, county, and local laws, ordinances, rules, and regulations applicable to this Agreement and each Party's respective performance thereunder. This Agreement shall be interpreted according to Texas laws governing the interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas and be in accordance with the Texas Rules of Civil Procedure. SECTION XII. CAPTIONS. Captions to provisions of this Agreement are solely for convenience and shall not be considered in the interpretation of any provision. SECTION XIII. NON -ASSIGNMENT. College shall not assign or transfer, in whole or in part, directly or indirectly, any of its rights or obligations hereunder without the prior written consent of City, and any attempt of assignment or transfer without such consent shall be void. However, this Agreement is binding upon the parties to this Agreement and their respective heirs, successors, and assigns. SECTION XIV. WARRANTY. This Agreement has been officially authorized by the governing body of each Party. Each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute this Agreement and to legally bind their respective Party to the Agreement. Remainder of page intentionally left blank; signature page to follow. 6 CITY OF CORPUS CHRISTI DEL MAR COLLEGE Ronald L. Olson City Manager ATTEST: (Date) Rebecca Huerta City Secretary APPROVED AS TO FORM: (Date) Buck Brice Assistant City Attorney For City Attorney (Date) rk Escamilla, Ph.D. (Date) resident, Del Mar College 7 AGENDA MEMORANDUM for the City Council Meeting of November 17, 2015 DATE: October 30, 2015 TO: Ronald L. Olson, City Manager FROM: Daniel M. Grimsbo, P.E., Director, Development Services Department DanG©cctexas.com (361) 826-3595 Development Services Customer Survey Results STAFF PRESENTER(S): Name 1. Dan Grimbso OUTSIDE PRESENTER(S): Title/Position Director Department Development Services Name Title/Position Organization 1. Dr. Daniel Jorgensen Chair, Dept. of Social Sciences Texas A&M Corpus Christi 2. 3. BACKGROUND: Provide an overview of the results of a 2015 Customer Survey of Development Services with a comparison to the same survey conducted in 2013 LIST OF SUPPORTING DOCUMENTS: Presentation — Development Services Customer Survey 2015 Development Services Customer Survey Development Services Daniel Grimsbo, P.E. November 17, 2015 History of Development Services • In 2011, the perception was that Development Services was not customer friendly and hard to navigate through the development process. • In 2012, Mark Van Vleck as the Director of Development Service restructured the development process and work to better public relations. • In 2013, a customer survey was conduction by Dr. Jorgenson to see how Development Services was performing and to create baseline. • In 2015, a second customer survey was conducted by Dr. Jorgenson to compare to the baseline in 2013 to see how Development Services was performing. It shows that we are moving in the right direction. 2 Improvements made in the last 3 years • Zoning, Platting, Public Improvements and Building Permits can be done in parallel to shorten overall Development Process • Every Commercial Project is assigned a Project Manager • Administratively approved Deferment Agreements Reduced Time to Permit by 2 to 4 weeks • Streamline process for Administratively approved Plats Reduced Time to Permit by 1 to 2 weeks • Morning Operations Meeting to discuss current status of all reviews. 3 Metrics 1400 1200 1000 800 600 400 200 0 Number of Permits 951 659 214 198 1255 255 1134 294 2011 2012 2013 Residential Commercial 2014 50001 45000 40000 35000 30000 25000 20000 15000 10000 5400 0 Total Inspections 43901 39002 35678 35039 2011 2012 2013 2014 4 Testimonials of Appreciation "I want to reach out to you because it's rare that I get to write a letter praising the Development Services Division of a city. All of the planners we have had dealings with from every department have been courteous, extremely responsive, organized and helpful. My company has developed from Florida to Arizona and nearly every Sunbelt state in between. And this has by far been the most efficient and friendly experience we have encountered" Geoffrey N. Simpson, CFO /Partner Kaplan Companies (324 unit apartment complex) "My Mom and I went to the Frost Bank Office of City Development to ask some basic questions about building a residence on some land we already owned. We were greeted by the most helpful receptionist I've ever encountered! We expected to wait in lines, be sent in circles, and planned for a frustrating experience. We couldn't have been more pleasantly surprised! The receptionist listened carefully to our question then quickly found someone to help answer our questions. We visited with "Marc" for quite a while. He was helpful, courteous, knowledgeable, and friendly. Thank you City of CC for providing an awesome experience to us. We are not contractors, have no experience with this process, and couldn't have been more pleased. Thanks :-)" barbaracade@ com Development Services Customer Survey 2015 FINAL ANALYSIS AND COMPARISON WITH 2013 DATA Data Gathering Very similar permit periods to the 2013 survey Fewer respondents in 2015 (ioi) vs. 2013 (190) but about the same response rate and user profile. Looked at: Overall Experience Web Access Early Assistance Program Inspection Services 2015 Findings A significant majority of respondents have favorable attitudes toward the processes covered in the survey. 75% or higher levels of favorable attitudes across the board Either satisfied or excellent An interesting open-ended comment: "I hear lots of complaints about the city, but it's most always from people I know are trying to not follow all the rules." Increased use of Web Access and Services Ease Speed ■ 2015 Findings There is a significant increase in those aware of and utilizing the EAP. Up from 26% of respondents in 2013 to 36% in 2015. Those who don't use EAP are more likely to: Fail an inspection Have unsatisfactory attitudes ■ 2015 Findings Respondents recognize higher levels of professionalism among the staff across all services. Six questions — Staff members: conducted themselves in a professional manner had the technical knowledge to assist you were helpful and wanted to help me succeed helped identify solutions and/or alternatives to problems adequately communicated the basis for decisions made on your project seemed to make consistent, predictable decisions Out of 36 possible points -- 2013 Mean Score 15.37 2015 Mean Score 22.47 ■ Conclusions Generally positive perceptions towards the process: Noted progress made in improvement of process Increased use of Web and EAP leads to better outcomes Noted progress made in the professionalism of the staff Several staff members singled out in the comments section as exceptional -------------------- ------------------- .......:.........:.........:.........:.........:. Corpus Christi Development Services Customer Service Survey Report 15 1 Report Outline: 1. Project Scope 2. Project Product 3. Methodology 4. Summary Survey Results 5. Appendix A: Survey Instrument and Distributions 6. Appendix B: Development Services Customer Survey Analysis 7. Appendix C: Open-end Reponses to Positive Outcomes and Concerns Prepared by Dr. Dan Jorgensen 7/22/2015 Corpus Christi Development Services Customer Service Survey Report Project Scope To determine customer perceptions of timeliness, professionalism, knowledge of process, responsiveness, communication in the delivery of the primary project review and permitting services offered by Corpus Christi Development Services (CCDS). Project Product Prepare a summary CCDS Customer Service Survey Report with findings and recommendations. Methodology A survey instrument that was developed during a previous project was utilized for this survey. The survey instrument consisted of 47 questions covering the overall permitting process and the web access, early assistance program and inspection sub -processes. Customers were asked their perceptions of ease, timeliness, and consistency of the process along with their perceptions of the professionalism, knowledge and friendliness of staff in process areas. Additionally, respondents were asked to rank order what level of attention CCDS should give process descriptors. Finally, a series of questions were utilized to classify various project and customer types. The survey instrument is attached as Appendix A. Email addresses that customers supplied on permit applications were gathered by quarter and input into the Quatrics survey software program. In the month of April 2015 permit applications from the 3rd quarter of 2014 were surveyed. In the month of May 2015 permit applications from the 4th quarter of 2014 were surveyed. In the month of May permit applications from the 1St quarter of 2015 were surveyed. Over the three iterations 831 email invitations were sent to 668 unique email addresses using a three letter email invitation protocol. No data was provided to the researchers regarding respondent IP address nor any other identifiers of respondents. Figure 1 displays the response data is listed. Figure 1. Survey Response Data O 106 undeliverable O 171 responded favorably to the informed consent O 101 completed with data after the informed consent O 15.1% completion rate O Permit dates from 3rd quarter 2014 to May, 2015. Summary Survey Results The Survey Instrument and raw data on the frequency distributions can be found in Appendix A, Appendix B is the Analysis of Development Services Customer Survey PowerPoint presentation. Appendix C included the open-ended responses to questions 44 and 45 asking for overall negative and positive comments, Page 2 Noteworthy findings include: ❖ As similar to 2013 a significant majority of respondents have favorable attitudes toward the entire permitting process and all sub -processes addressed in the survey. ❖ No statistically significant differences perceptions by project type, square footage, role of the respondent, exposure to other jurisdictions, or types of service accessed. ❖ In 2015 respondents recognize higher levels of professionalism among the staff across all services. ❖ 2015 demonstrated a large increase in those aware of and utilizing the EAP. ❖ Not using the EAP is a predictor of o failing an inspection o unsatisfactory attitudes ❖ Respondents expressed similar concerns about the overall process and sub -processes: o Want for timeliness o Lack of predictability o Ambiguity of process o Variance in quality of staff ❖ Respondents expressed similar positive attitudes towards the overall process and sub -processes: o Overall friendliness of staff o Exceptional staff members singled out in open ended comment sections o Observation of improvement in parts of the permitting process since previous projects Page 3 Appendix A: Survey Instrument and Distributions 1. The purpose of this introduction is to provide you information that may affect your decision as to whether or not to participate in this research study. If you decide to participate in this study, this form will also be used to record your consent. You have been asked to participate in a survey studying people's most recent experience with the City of Corpus Christi Development Services Department. The purpose of this study is to help establish service benchmarks and improve services to those working with the Department of Development Services. You were selected to be a possible participant because you are a member of a professional organization that may utilize the Corpus Christi Development Services Department, To complete this survey we ask that you have conducted some type of business with the Corpus Christi Department of Development Services within the past nine months and you verify that you are 18 years of age or older. What will I be asked to do? If you agree to participate in this study, you will be asked to complete an online survey regarding your most recent experience with the Corpus Christi Department of Development Services. We will not collect any information that would personally identify you. This study will take approximately 10 minutes to complete. What are the risks involved in this study? There are no risks associated with this study. Please remember that you can choose to skip any question in the survey. In addition, because you can decide where you want to complete the survey, it is possible that there may be limited privacy at some locations. We encourage you to fill out the survey at a time and location that offers privacy and to close the web browser after participating if you complete the survey on a public computer. What are the possible benefits of this study? There are no direct benefits to you as a result of participating. The major benefits to this study are the benefits to understanding how the Corpus Christi Department of Development Services might better meet the needs of customers while maintaining the safety requirements and building codes for residents of Corpus Christi and the property values of Corpus Christi property owners. Do I have to participate? No. Your participation is voluntary. You may decide not to participate or to withdraw at any time without your current or future relations with Texas A&M University -- Corpus Christi or the City of Corpus Christi being affected. Who will know about my participation in this research study? This study is anonymous. No contact information will be collected and your survey responses are stored in a password lock encrypted data file. You will not be identified in any reports or publications that result from this study. Research records will be stored securely, and only researchers involved in this study will have access to them. Whom do I contact with questions about the research?If you have questions regarding this study, you may contact: Dr. Dan Jorgensen, 3618253269, dan.jorgensen@tamucc.edu Whom do I contact about my rights as a research participant? This research study has been reviewed by the Research Compliance Office and/or the Institutional Review Board at Texas A&M University -- Corpus Christi. For research related problems or questions regarding your rights as a research participant, you can contact Erin Sherman, Research Compliance Officer, at (361) 825249 or erin.sherman@tamucc.edu. By beginning the survey, you acknowledge that you are 18 years or older, have conducted business with the City of Corpus Christi Development Services in the past 9 months and have read the introduction page. Please check "yes" if you agree to participate. 2 1 No Yes Total Answer 6% 94% 100% 2. What is the approximate square footage size of your project? u 1 Less than 1000 square feet. 2 1000 to 10,000 square feet 3 10,000 square feet or greater 4 Other Total 14% 42% 24% 20% 100% 3. How often do you have a project that requires any or all of the services listed in question 5 from Development Services in one calendar year? Answer 1 2 3 4 Rarely Less than 5 times a year 6- 15 times a year More than 15 times a year Total 17% 28% 34% 21% 100% 4. Please check which type of project(s) which best describes your last experience with Development Services. Answer 1 Residential 2 Commercial/Industrial 3 Other Total 17% 71% 12% 100% 5. Which category (or categories) best describes the type of service(s) your project(s) utilized from Development Services? Check each category that applies Answer 1 Development and 57% permit information 2 Early Assistance 24% Program (EAP) 3 Plan review 66% 4 Building permit 69% 5 Other 7% 6 Building inspection 38% 7 Platting 21% 8 Zoning 21% 9 Infrastructure 21% improvement 6. Please select one of the following responses that BEST describes your opinion of the application forms required for your project(s): Answer Application(s) are 1 clear and 64% understandable Application(s) 2 require too much 7% time to complete Application(s) 3 require too much 7% information The information 4 required, by 22% applications(s), is not always clear Total 100% 7. Please check one of the following that BEST describes your role in your recent project(s) with the Development Services Department of Corpus Christi. Answer 1 Homeowner 2 Business owner/manager 3 Residential contractor/builder 4 Commercial contractor/builder Trade/Sub-contractor (Electrician/Plumber/Mechanical) 6 Carpenter/Framing contractor 7 Developer 8 Realtor 9 Architect 10 Engineer 11 Permit processor 12 Consultant 13 Other Total 5 0% 18% 4% 19% 2% 0% 6% 1% 18% 16% 4% 3% 9% 100% 8. In the past five years have you had a project(s) that utilized development, planning or permitting services (such as those in question 5) from any OTHER CITY or JURISDICTION other than Corpus Christi? 1 2 1 Yes No Total Answer 78% 22% 100% 9. What OTHER jurisdictions have you sought do planning and development services from in the last five years? Available upon request HEMBIPP Total Responses 70 10. How often have you had a project(s) in jurisdictions OTHER than Corpus Christi that required permit or development approval from a government entity in the past 5 years? • 3 2 4 1 Answer 6-15 times a year Less than 5 times a year More that 15 times a year Rarely Total 25% 38% 26% 12% 100% 11. Comments: Available upon request Statistic Total Responses 20 12. Please rate your opinion about your most recent experience with the Corpus Christi Department of Development Services: Strongly Disagree Disagree Neutral Agree Strongly Agree Does not apply to my ro.ect s 1 The requested information 6 6 was complete The requested 2 information 6 7 22 provided was accurate Process timelines were 3 explained in an 7 12 18 29 24 understandable manner Process 4 timelines were 11 21 15 18 23 3 within my expectations The process took the same 5 amount of time 15 19 13 20 22 2 as was estimated at the beginning Staff members conducted 6 themselves in 4 2 12 29 43 2 a professional manner Staff members had the 7 technical 7 14 17 15 37 2 knowledge to assist you Staff members were helpful 8 and wanted to 7 4 17 23 40 1 help me succeed Staff members helped identify 9 solutions 8 10 21 18 31 3 and/or alternatives to problems 23 24 23 27 28 4 4 2 29 Staff adequately communicated 10 the basis for decisions made on your project Staff members seemed to 11 make consistent, predictable decisions 9 17 14 19 15 14 15 19 25 3 3 13. Comments: Available upon request Total Responses 22 14. How would you rate the overall experience with the City of Corpus Christi's Department of Development Services with your most recent project(s)? 1 Answer 25% 1 Unsatisfactory 2 Satisfactory 3 Excellent Total 45% 30% 100% 15. Comments Available upon request Total Responses 18 16. Did you utilize the Development Services web access before starting your project(s) with the department? 1 2 Answer Yes No Total 58% 42% 100% 17. Did you utilize the Development Services web access during your project(s) with the department? 1 2 Answer Yes No Total 64% 36% 100% 18. Approximately when is the last time you logged on to the Development Services web access site? Please use approximate date in mm/dd/yyyy format. Available upon request EMEE Total Responses 50 19. Please check ANY of the following project related services you utilized using the Development Services web access. Answer Ilia Accessed information 1 about codes and 67% building requirements Submitted 2 application(s) for 35% allowed permit(s) 3 Utilize ePlan 10% 4 Viewed/Paid 33% application fee(s) 5 Tracked status of 54% application(s) 6 Viewed plan review 46% 7 Scheduled/Canceled 38% inspection(s). 8 Got inspection status. 40% 9 Other (please 13% specify) 20. What is the approximate date of your most recent project experience with the City of Corpus Christi Department of Development Services? Available upon request Total Responses 100 21. How often do you use the Development Services web access for any one of the above services for your project(s)? 1 2 3 4 Answer Rarely Less than 5 times a year 6-15 times a year More than 15 times a year Total 13% 17% 28% 43% 100% 22. Please rate your opinion about your most recent experience with web access services with the Corpus Christi Department of Development Services. Question Strongly Disagree Disagree Neutral Agree Strongly Agree Does not apply to my ro.ect s 1 Easy to access 2 Informative 0 3 Timesaver 1 Provided 4 needed details 5 Timely 0 Consistent with other 6 information 0 on my project(s) 2 1 3 1 11 11 8 24 26 25 15 13 18 1 1 1 0 3 15 22 13 1 1 12 27 13 1 1 14 24 13 1 23. Comments Available upon request BEIE Total Responses 24. How would you rate your overall experience with the web access services at City of Corpus Christi's Department of Development Services with your most recent project(s)? 1 2 3 Answer Unsatisfactory Satisfactory Excellent Total 1 2% 76% 22% 100% 25. Comments: Available upon request Meaallmr Total Responses 5 26. Was the Early Assistance Program clearly explained? 1 2 Yes No Total 60% 40% 100% 27. Did you utilize the Development Service's Early Assistance Program (EAP) or was a Pre -Application Conference held for your most recent project(s)? a Answer 1 2 Yes No Total 44% 56% 100% 28. Were you aware of the EAP prior to utilizing it for your project(s)? No, I was not aware of the EAP prior to 1 utilizing it at the Department's recommendation Yes. I was aware of 2 the EAP and requested to use it for my project(s) 3 Other (please specify) Total 22% 76% 3% 100% 29. Did you attend a Pre -Application Conference on your most recent project(s)? 1 2 1 Yes No Total Answer 64% 36% 100% 30. Please rate your opinion towards the following statements about your most recent experience with Corpus Christi Department of Development Services Pre -Application Conference: Strongly disagree Disagree Neutral Agree Strongly agree Does not apply to my ro.ect Was held in 1 a timely manner Was conducted in 1 1 3 11 9 0 2 a 1 0 0 15 9 0 professional manner Helped improve the timely 3 consideration 1 3 4 9 8 0 of my project(s) Helped improve the consistency 4 in decisions 2 4 3 9 7 0 made in the consideration of my project(s) Helped to identify solutions and 5 alternative to 4 1 2 8 10 0 potential problems in my project(s) 31. Comments Total Responses Available upon request 32. Please rate your opinion about your most recent experience with the Early Assistance Program - Pre -Application project manager. Question Strongly disagree Disagree Strongly Agree Does not apply to my ro.ect Acted in 1 professional 1 0 manner Helped my project(s) 4 14 15 1 2 advance in 1 4 5 11 13 1 a timely manner Made 3 predictable 2 5 4 11 12 1 consistent decisions Proactive in identifying 4 and acting 2 5 5 9 13 1 on issues related to the projects Had the technical 5 knowledge 1 5 6 10 12 1 necessary to assists you Was able to identify 6 solutions 3 4 6 9 12 1 and alternatives to problems Seemed to have the 7 authority to 4 4 6 9 10 1 solve problems 33. Comments Available upon request Statistic Value Total Responses 4 34. How would you rate your overall experience with your most recent project(s) with the City of Corpus Christi Department of Development Services Early Assistance (EAP) - Early Application Conference Program? Answer 1 Unsatisfactory 2 Satisfactory 3 Excellent Total 20% 49% 31% 100% 35. Comments Available upon request Statistic Value Total Responses 3 36. Did you have any inspections conducted on your most recent project(s)? Answer 1 2 Yes No Total 62% 38% 100% 37. Approximately when is the last time you had an inspection completed on your project (s)? Available upon request Statistic Total Responses 44 38. Please rate your opinion about your most recent inspection experience(s) with Corpus Christi Department of Development Services. Question Strongly disagree Disagree Neutral Agree Strongly Agree Does not apply to my ro.ects 1 Easy to schedule 2 Timely 0 4 Codes were consistently 0 2 11 13 19 16 16 14 1 1 3 interpreted 2 4 13 13 16 1 by the inspector and staffs Thorough 4 and caught 1 1 14 18 11 4 problems 5 Result easy 3 1 11 18 12 3 to process The inspector was willing to consider 6 4 0 16 13 13 3 alternative methods and/ or solutions 39. Comments Available upon request Statistic Total Responses Value 13 40. During the course of your most recent project(s) with the Department of Development Services did any of your work fail to pass an inspection? 1 2 Yes No Total Answer 39% 61% 100% 41. Which department(s) issued a failed inspection (did not pass) inspection on your project(s)? Mark all that apply: i 1 Building (Electrical/Mechanical/Plumbing) 2 Fire 3 Engineering Services 4 Public health 5 Utility Total Answer 63% 26% 5% 0% 5% 100% 42. Did the inspector clearly explain verbally or in writing the reasons why the work failed to pass? 1 2 No Yes Total Answer 16% 84% 100% 43. How would you rate your overall inspection experience with your most recent project (s) with the City of Corpus Christi Department of Development Services? 1 Unsatisfactory 2 Satisfactory 3 Excellent Total Answer 10% 56% 33% 100% 44. Consider ALL of your Development Services experiences, in Corpus Christi or elsewhere. To help us prioritize our efforts please drag and drop your responses so that "1" (the top responses) indicates the most urgent factor that Corpus Christi Development Services needs to address, a "2" (the next down) for the second most urgent factor, and "3" (third spot down) for the third most urgent factor and so on. li Answer 1 2 7 1 Reduction in 12 10 5 5 8 paperwork 2 Timeliness 15 23 15 11 7 Consistent 3 interpretation 23 12 18 6 11 6 of code 4 Friendliness 5 3 3 17 12 13 25 of staff Ability to 5 anddess staff 6 14 12 7 22 13 4 resources Address 6 concerns 9 11 8 16 10 20 4 upfront Willingness of staff to consider 7 8 5 17 16 8 4 20 alternative methods or solutions 15 7 23 0 2 45. Comments: Available upon request EMMEr- Total Responses Value 18 46. Consider your most recent experience, what were the positive aspects of the process that made it a good experience for you? Available in Appendix C Statistic Value Total Responses 42 47. Consider your most recent experience, what, if any, were issues in the process that may have made it a negative experience for you? Available in Appendix C Total Responses 42 Development Services Customer Survey 2015 FINAL ANALYSIS AND COMPARISON WITH 2013 DATA Who Responded To The Survey Project Type Square Footage Little or no difference in those who reported as commercial in 2013 and 2015. However most of the `Other" category appears to be commercial responses. 2015 much heavier percentage of commercial responses Similar profile to the 2013 projects. Those in the `Other" classification are typically larger projects or `equipment modification" 7/21/2015 Data Gathering 00° • Three rounds of email surveys April May o June • Permit dates from 3rd quarter 2014 to 2nd quarter 2015 c 1 full year • Very similar permit periods of 2013 survey • Fewer respondents in 2015 (101) vs. 2013 (190) Who Responded by Role O 1111il 11 k It L L i Somewhat greater diversity in roles in the 2013 data vs. 2015 data. Top four in both years are the same professions but in 2013 top 4 represented 59% of responses in 2015 72% of the responses. 1 Exposure to CCDS and Other Jurisdictions 0 Use of CCDS in one year �l u Increase in the mid -ranges of frequency of use consistent with the increase in big Use of other jurisdictions in past 5 years u Smaller percentage of respondents reported high levels (> 6 times per year) experience outside of Corpus Christi. Types of Services Accessed fl 16% 8%'x '9094 6%/x yx6% —II 11li1111■r x, b a ,sem a� 6,2. 109, 4•rvica•[IF" A XII, WADS Same service profile as in 2013 7/21/2015 Use CCDS by Other Jurisdictions 0 2013 Most Conunon "other" 2015 Common "other" Jurisdiction Responses Jurisdicition Responses Alice Antonio . Orrn istille :a,CD HIouston Kraa Men N S A11a Houston wrsi Pain Pork Ara�sasPoland RocOft Tens _ VI CIOria to .ur, •r — AliceAr ? - 2tI5d5 Pd55 °f�'�i,f3 San Antonio RO74t01.111 a.7 "..L. ii;La l., C' 1' Text size equal$ approximate representation'' in responses Overall Experience m Rating of Overall Experience Characteristics/Responses with Development Services of Dissatisfied Increased positive perceptions with little change toward the negative perceptions • Business Owner/Manager • Engineer • Commercial Contractor/Builder • Timeliness of Process • Predictability of Process Difference with 2013 data is dissatisfaction with staff was not one of the characteristics. 2 7.0 2.93 -52 2-" n1 •.0 2.4? -52 2-32.35 23g3a Cusv 9[[255 T rx.,rvcr Timely Irauunar-rev Rwiki,I eans2tant needed with Other -Ingalls :amuse inn ,roF«u.r Pearson to use •2013Mean •2015Mean # of Range of Mean Mean questions responses 2013 2015 Information requests 2 0 - 8 5.04 Process 3 0 - 12 7.22 Staff 6 6 - 36 15.37 4.66 6.78 22.47 - Response scores Neutral =o Very dissatisfied =1 Dissatisfied = 2 Satisfied =3 Very satisfied =4 Significant increase in the perceptions of staff- Slight decreases in perceptions of information requests and process - Overall Experience Scales n Web Services Why web was accessed 1y I1 rrl iI II II Il :: Frequency of access Very similar distribution of services Significantly more utilization of the web accessed 7/21/2015 Web Access Overall Satisfaction with Web Access Who uses the web? • Commercial contractors • Business owners • Engineers • Architects • All three sizes of projects • Frequent permit requests • Those who work elsewhere too. Why Use Web Access? iz Early Assistance Program r3 Overall Satisfaction EAP By the Numbers Noticeable increase in `Excellent' response • Utilization of EAP up from 26% of respondents in 2013 to 36% in 2015. • Out of those who utilized EPA; 0 o 76% were aware it existed before use. o 65% attended the pre -app conference. o 78% of the attendees thought it was well explained • Utilizers were typically over moo sq. ft. • Those unsatisfied : Engineer & Commercial contractor/builder. o Failed an inspection Attitudes Toward EAP Project Manager 15 Descriptor Scales Descriptor Concerns II II IIlll�il o / / ` ,rte / y 0 Specific attribute of professionalism of project managers not following general trend. Yet increases in helpfulness, proactive and technical knowledge. • Project managers do not have decision making authority. • Significant variance of capabilities among project managers • Get wrong information from project manager • Did not help process • Reporting of a failed inspection resulted in significantly lower scores in timeliness and knowledge of project manager 7/21/2015 Attitudes Toward EAP Conference O Process scales Process Concerns 1111 1111 Continued theme of increase in attitudes towards staff professionalism • Information provided were contradictory & disregarded during implementation. • Key individuals and decision makers were absent during the EAP reviews which caused problems during construction. • Lack of project background information. • Lack of consistency. Inspection Services r6 Overall Satisfaction Greater percentage of respondents show satisfaction but lower intensity, fewer `Excellent" scores. Inspection By the Numbers Over one-third of respondents claim they had a failed inspection. 72% of those who claimed they failed an inspection still voice a favorable satisfaction/excellent rating. Those with a failed inspection comprise 28% of the unsatisfactory ratings. Failure to attend EAP was a significant predictor of failing an inspection and unsatisfactory attitudes toward inspection 4 Failed Inspections Inspector explanation of fail to pass Issues and concerns •• • Building(Electrical/mecha nical/plumbing)was a predictor of failed inspection. • Inability to interpret codes. • Automated system is always down causing issues with inspection scheduling. • Inconsistency • Inspector "power" issues Greatest Concern Priority of Concerns 11111 5e.dce attribute Order of concern remains the same among 2013 and 2015 respondents. Least Concern 7/21/2015 Attitudes Towards Inspections Processes xheaule 11 Ii runaistenlik, ,.naenu•x wnaey. cur W the mechuc: 11 Very similar profile to 2013 with slight decrease in easy of scheduling and timeliness and increases in consistent interpretation and willingness to consider other methods Concerns Dealing with CCDS 20,3 Code coe uejcation [isr Oeuelopmell Se a s OiEi �f rs4111PE ilOOS Itu4e lit PhoneN1 P[O2SS fad( um��hgrese 4�� 5 Positive Aspects of Dealing with CCDS 2013 W2015 Al) RWP$re Called Off Codes COIR ISMS JOB �eeflFg NICe Past Pefmlt PlanReuiew PrOCess Prafassimal FilleCtt Ramo 88116 Slaff 7/21/2015 Conclusions • A significant majority of respondents have favorable attitudes toward the processes covered in the survey. • Respondents recognize higher levels of professionalism among the staff across all services. • There is a large increase in those aware of and utilizing the EAP. Not using EAP is a predictor of failing an inspection unsatisfactory attitudes Positive attitudes towards the process: Overall friendliness of staff Single out exceptional staff members Progress made in improvement of process 6 Appendic C Open-end Reponses to Positive Outcomes and Concerns Q46: Positive that i finally received all the information after requesting several times Helpfulness of the Project Managers Having a pre -determined point -of -contact through the Early Assistance Program manager to route questions and issues though. All the staff is always very helpful!. lets just say there were really no negatives - everyone always does their best to help me out The positives were we survived the process without going bankrupt. Hindsight is 20/20 and I would never build in Corpus again. The lady at the reception desk ALWAYS gets me in and out in a timely manner, she may not know the answer to the question, but she will pick up the phone and find the answer so I do not have to come back. Going the extra mile is worth a lot to me. She seems to enjoy her job and wants to help the process along. She always calls me by name with a smile. I WISH I could remember her name. They need to keep her. The employees are usually friendly. They just don't always know very much, and too much of "pass the buck". Our contact within the application process was greatly appreciated and helpful. great staff (Priscilla Ramirez), easy access to review/status/payments None! Would never build or invest in corpus again! The payment process was easy No; very unsatisfied. Staff is cooperative, willing to listen and help, but lacked effective tools and/or information necessary. The staff is kind and they do a good job at turning the project over. willingness to meet with me You have some quality Project Managers and staff at Development Services...this needs to be something the Management needs to do, KEEP QUALITY ENGINEERS AND PROJECT MANAGERS! Retention should be the # goal. Beacuse with retention of staff you can keep relationships, consistency,etc. Not very much. I guess, working with the project managers is pleasant, but they are so hamstrung by lousy regulations and inexperienced plan reviewers and people hung up on their own authority to block progress that the overall experience is an unhappy obstruction to progress. In the end, it's always the willingness of the staff to help even when I'm the one who is lacking in knowledge. Stephen Ray, Jim lackey, and Kathleen have always made it a pleasant experience. So have other staff but I do not remember names. Generally the staff show a willingness to provide the services offered. The staff appears overwhelmed and don't seem to be able to finish something before something else interrupts them and diverts their attention to some other matter. They seemed rushed and need additional staff to handle the workload. STAFF ALWAYS SEEMED CONCERNED THAT THE PROJECT PROCEEDED ASAP There were a lot of staff from all departments at our meetings. Accessibility and responsive staff Reaching the end of the process successful and in a timely manner. The project manager, Jessica, was very easy to work with. Working with the City to insure all code requirements are met. #1 - The assistance from Staff when submitting for permit #2 - Working with Inspector during inspections easy too work with It finally passed to move forward,after 5 Months of delays All experience was extremely poor Permit project manager was very helpful STAFF HELPFULNESS. affable staff There is rarely any positive aspect of the process. I would have to go back to John Kendal and Leland Kirbow to find anything positive. In those days we could bring in a set of plans walk it through and leave in 2 hours with a permit. Of course many years of planned obstructionism have gone down and there doesn't seem to be any other way today. Obstructionism is caused by graft and incompetence. Today I am not aware of any graft, but the time when you had to pay to get some of the city people to do their jobs is not far behind us. na Staff was helpful in solving and clarifying a technical issue with the building code as well as the UDC. None The Inspector was through and explained any problems The People are the greatest resource - everyone I have encountered in the Department is professional and cares about public safety, the interest of the community and the success of the project. fast and simple be able to meet with the inspector on job site and discuss the project together Some one finally made a decision and not just a comment 112211 process takes to long just trying to find out the status of a project / Inconsistent interpretations of UBC Inconsistent directives between EAP reviews and later code and permit reviews and construction activities. Key individuals and decision makers were missing during the EAP reviews which caused problems later during construction. only a couple of things I dont like: 1. upon submitting responses to comments -I understand large projects may need as much time to review responses as initial review but if there were only a small number of comments with easy responses or especially if the comments are not valid (every once in a while that happens), I always hope the review for the response wont take the same time as the ititial review 2. comments used to be posted during the review process - this is a tremendous help and allows me to avoid calling and asking what the comment is - I know sometimes the comments can change or may I could misintrepret the comments but i usually call anyway and the early warning is crucial for keeping the review time to a minimum and having responses ready for submittal as soon after the comments are officially released as possible - plus if the comment is incorrect for some reason it can be headed off and sometimes eliminated The issues are that the city of Corpus is a run down city that lends priority to transmission shops, strip joints , and bars. It should be a world class city but is stuck in the 60's. I have never been so screwed in my life as I was when I built in Corpus. People are great, city has incredible scenery but the city government is beyond a joke. The mayor and council should be embarrassed. My plan review questions were not answered. Its always, "let me look into this and get back to you". NO... why cant we resolve this now and get going with the project, because you will never call me back. I will have to call you and leave you a voice mail, that you will never return. After finally getting frustrated, I have to go to Development Services in person. I know everybody is busy.... but.... take 5 minutes and address the concerns. The plans are always moving from desk to desk and seem to always get bogged down somewhere. No department ever knows what the other is doing or cares. Finding people that can make final decisions. There are many plan review comments that seem to be copied and pasted from project to project without an actual review of the drawings being performed. Information that was reviewed and discussed with plan reviewers before submittal is being noted as denied. "Informational" comments can cause some confusion. Timeliness of the application process nothing The whole process was bad. Lack of knowledge on cities part. Understaffed. Very little experience to troubleshoot and offer solutions. Timeliness, code interpretation, unwillingness to consider options, fire code interpretations such as requiring turning access on property owners for fire trucks, the insistence of Corpus Christi to have consumers pay for and improve the cities infrastructure. Requiring replating of properties owned by the same people for the same use just because structures will cross property lines that are not influenced by utility easements etc. Being extorted for lack of a better term for expediting fees. City not working with contractors / developers that have been conducting business for many years but seeming to be more than anxious to entertain out of town / state contractors and developers. It is very difficult to get consistent reliable information in order to adequately plan and budget projects. It is very much of a "Can't do" in lieu of a "Can Do" atmosphere. My impression is the general sentiment of the department is that they are not there to serve businesses and contractors which will add to the tax base and generate more income for the city of Corpus Christi. It is understood that the department is required to implement and enforce code issues but reason in a lot of cases has simply been thrown out the window. The cost of the construction permit. Staff avalablity to return phone calls or emails. Had to spend taxpayers dollars to hire attorneys to fight platting issues. This has not been a pleasant experience and has cost us time and money!!!! UDC is ambiguous in certain areas and interpretations are not consistent and staff unwilling to commit or make decisions on the spot. Every time we submit the rules seem to change or people change and their interpretation of rules differ from previous. Requiring checklist for a complete commercial site plan for a simple tenant build out. That must be corrected or you will have a huge backlog of people not getting projects approved. I ask, is it the City's intent to have every commercial builder to pay someone to develop a site plan for a site that already exists and there are no changes to the site? Lack of EAP project background information and available options for required improvements for development Reliable and timely staff decisions Access to reviewers to discuss project issues other minor issues Lack of consistency On last several projects. Lousy code, code reviewers unable to put their names on code review comments so that they can be discussed. If they don't have to put their name on it they shouldn't do it. The code reviewers hide behind unanimity and if they are misinterpreting or just plain unable to understand the code they can stop the project until the very laborious communications going through a 3rd party are completed. The public should be able to communicate directly with the code reviewer so they can be straightened out quickly and painlessly. Code reviewers need to experienced tradesmen that know the practical side of the job and they have to have an attitude of service rather than an I goch ya, I can stop your project attitude. lack of communication between staff everything takes way too long, and interpretations of code are not consistent, and sometimes not accurate, delaying the project even further, and costing more money. Delay from Legal The "I'm in charge and I don't want to hear your opinion" attitude. It's fairly rare but it does show up. I don't see it as systemwide but something per individual. Some folks are nice and some aren't. I realize that DS is a hard job with a tremendous amount of expectations but we have the same on our side. Let's work together! I live here, too. There was a wait time of about 30 minutes to work with an intake project manager. Slow process None no Total process. No consistency. Poor verbal communication and extremely slow process in communicating issues Inability of City to find information that they requested in permit comments that was already provided on the plans N/A Lousy Codes and no simple variance procedure. Nobody even competent to review a variance request without bringing it to a committee and wasting a month. na Did not have a negative Lack of knowledge of their individual job not trying to tell me how to do mine none Rogue inspectors, but they moved on None - Its all good ! no none Not everyone in the loop is knowledgeable at the city. AGENDA MEMORANDUM City Council Meeting of November 17, 2015 DATE: October 16, 2015 TO: Ronald L. Olson, City Manager FROM: Dan M. Grimsbo, P.E., Director, Development Services Department DanG@cctexas.com (361) 826-3595 Presentation and Discussion on Plan CC Comprehensive Plan 2035 STAFF PRESENTER(S): Name 1. Mark Van Vleck, P.E. 2. Annika G. Yankee 3. Dan Grimsbo, P.E. 4. Dan McGinn, A.I.C.P. PURPOSE: Title/Position Executive Director Sr. Project Planner Director Assistant Director Department Utilities Development Services Development Services Environmental & Strategic Initiatives The purpose of this item is to conduct discussions and receive motions of direction from City Council on changes needed to the proposed comprehensive plan. BACKGROUND: In February 2014, the City began work on a new comprehensive plan, titled "Plan CC Comprehensive Plan 2035," seeing that the current comprehensive plan policies were dated (from 1987). Staff and consultant, Goody Clancy, conducted extensive research on existing conditions, challenges, and opportunities and collected input from various City departments, outside organizations, stakeholders, and the public before bringing forward the draft of Plan CC for City Council for review. The City Council conducted a public hearing on Plan CC on October 13, 2015. The first draft of Plan CC was made available for public review and input in May 2015. After receiving public input during a 40 -day public comment period, City staff revised the first draft by reducing it to the broader goals and policies. Background information, strategies, and actions to implement Plan CC's goals were eliminated in the second draft. The purpose of reducing Plan CC to its goals and policies was to make sure the City agreed on its goals for 2035 before staff continued vetting and creating the implementation plan, which contains the strategies and actions found in the first draft of Plan CC. The second draft of Plan CC was made available for public review and input in July 2015. An additional two-week public comment period was afforded to the public on the second draft of Plan CC, and the Planning Commission reviewed and made recommendations on the second draft. LIST OF SUPPORTING DOCUMENTS: 1. Plan CC Markup 2. Presentation 3. Planning Commission's Final Report/Recommendations 4. Public Comments Submitted During the City Council Public Hearing Process 5. City Councilmembers Comments submitted by October 19th 6. Draft Ordinance with Plan Attached 7. October 13th PowerPoint Presentation 8. Written public comments submitted on the 1st draft of Plan CC 9. Written public comments submitted on the 2nd draft of Plan CC 10.August 12th Planning Commission Public Hearing Comments 11. Letters submitted by the public 12.Additional Letters Submitted During the City Council Public Hearing Process COMMENTS ON THE SECOND DRAFT OF PLAN CC DRAFT DATED JULY 2015 Matrix includes comments received through July 29, 2015 Comment Consultant Response Staff Response 1 Concerns about a statement in the Future Land Use Definitions, section Transition Districts, under Special 1-37 Transition District and Special Aviation Transition District that states, "The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other part of the city". (Page 37) This is more like a policy than a definition and should be removed. Recommendation: Remove the statement in the definition section. Same as consultant. 2 The idea that we will be able to use the current infrastructure (sewer/water/gas) to support new multifamily residential dwellings in the downtown area is questionable. Will there have to be rehabilitation of sewer lines to achieve the proper sizing for the demand of waste, and possibly adding lift stations to transfer waste to other areas? Do the water mains and service lines have to be increased in size to accommodate new buildings? Will tax payers be left with this cost? Maybe the downtown area should focus more on businesses and tourist attractions that could bring in revenue for the city and its residents rather than using the desirable area to provide "villages." How did the downtown area become what it is today? How can we make sure that it won't happen again if the city spends money to revitalize it? Rehabbing and improving downtown and older neighborhoods should not prevent residents from building new homes. Residents should not be manipulated into what the city's vision is for families and neighborhoods. Cities are developed around businesses. Businesses bring the money to the city and its residents. Recommendation: No change. Downtown infrastructure: the downtown TIRZ can be used to upgrade infrastructure. Housing or businesses downtown? All successful downtown revitalizations in the last 25 years have been driven by downtown housing. For example, "retail follows rooftops" is the rule of thumb for retail development. For tourism, visitors are interested in seeing a downtown with the vitality that residents bring, not just isolated attractions. Revitalizing downtown does not preclude housing development elsewhere in Corpus Christi and Plan CC does not say this is an either/or issue. Same as consultant. 3 First 1 want to make it clear that 1 am not AGAINST Recommendation: No change. Same as consultant. 1 2 this plan. My goal is to make the plan more inclusive of ALL housing and growth paths for the upcoming Intro: Plan CC provides for future housing development in the 20 years. Single family homes in the suburbs (i.e. Southside, Northwest, Southside/London (through an orderly planned southside, London, northwest and Padre Island) are development process) and Padre Island. While some households will now, and will still be, the choice of home buyers in continue to want to buy suburban-style housing, other households the coming years. The city needs to be at least prefer different kinds of housing that are not well-represented in the equally accommodating to this segment of the Corpus Christi market today. In addition, there are many households housing market as it is to the infill and downtown who prefer to rent and who also would choose other types of rental markets. options if they were available. Element 2: Parks Element 2 Parks: The city's Parks and Recreation Master Plan, Plan CC Parks, well-kept and maintained, are a great asset to and the Background Report recommend investing in maintenance and every neighborhood. However, poorly done parks enhancement of existing parks before acquisition of new park land. are a detriment. Presently developers pay about Retaining the developer parks fee for the areas that generate the fees $400 per house into the city park fund for each new lot developed for park development and maintenance. Generally parks are not well kept is typically a feature of impact fee systems. Element 3, Goal 1-Sea level rise: Sea level rise on the Gulf of Mexico is (except Rancho Vista where the homeowners a fact and has been measured in the Corpus Christi area as well as association pays for upkeep) by the city. I'd like to other locations along the Gulf Coast. The rate is a combination of see some formal plans for written procedures to slow subsidence and increasing water levels. Being aware of these allow developer park funds to be retained within changes and adapting to their long-term impacts is responsible their neighborhood for at least initial building of parks and amenities. Improving parks will require additional funding; where and how will these funds planning for the future. Element 3 — Goals 3 & 4-Renewable energy: The goals and policies be developed and who will pay? The plans call for simply call for promoting diverse options, which people are then free parks to be walking distance of home owners; to choose or not. Diversification of energy sources is a long-term current city policy is to build up "regional" parks as strategy that benefits the community. Corpus Christi is already a opposed to "neighborhood" parks. center of wind energy and the declining prices of solar panels, for example, can provide options to individual property owners. Element 3: Energy efficiency Element 3 — Goal 6-Urban/community gardens already exist in Corpus I'd like to see Goal 1 restated to change "sea-level Christi. In areas of higher density, community gardens can be located rise" to "tidal flooding". I have lived here 70 years just like parks — they provide outdoor space for people who may not and we certainly have not had sea level rise in that have back yards. This is a common practice in many cities. time; beach erosion maybe, but not rising sea levels Community gardens offer the additional benefit of being able to due to "Global Warming" (which in my opinion is blown way out of proportion). provide access to fresh produce . Element 4 — Goals 1 & 2-Housing: Plan CC promotes more housing Goals 3 & 4 — renewable energy is good but once choice. Corpus Christi has many different kinds of households with a government subsidies are removed such energy variety of housing needs, incomes, and capacity to pay. The current cannot compete with our current carbon based housing market offers a limited variety of housing types and does not 2 3 energy (which is the life -blood of all of us here in effectively serve all housing needs . Census data indicate that 64% of South Texas). households do not include persons under 18 years old and 57% of households are made up of 1 or 2 persons. Many households do not Goal 6 – why encourage urban gardening when we have the down payment, income, or credit status to purchase a home live in an area where all kinds of farms are located. and must rent. Others prefer to rent but do not find the kind of rental With the trend for higher housing density where will housing they like. There is a potential market for housing types that such "gardens" be placed? do not currently exist in Corpus Christi. The City can encourage more housing diversity by making sure that zoning allows for more variety in Element 4: housing types in appropriate locations, can provide incentives or Goals 1 and 2 – this wording scares me – "guide support developers who need subsidy to be able to provide below development, support planning, regulatory and funding of housing types"; the market will tell us what housing to put on the ground, not a planning market rate affordable housing, and so on. Element 4 - Goal 3 -Homelessness: There are strategies to reduce team (unless it is their money). Supporting housing chronic homelessness that have been proven in a number of cities yes, it is good but guiding private investors, uh-huh. around the country. Salt Lake City, UT, is a notable example. Also consider that for "infill" to be within the price range of a sizable segment of the housing market Element 4 – Goal 6 -Urban villages: Cities much bigger than Corpus that there must be large re -investments in Christi have urban villages—the concept is not related to the overall infrastructure, retail must be willing to bring size of the jurisdiction. The total area proposed for urban village services and school districts must be willing to bring development constitutes less than 4% of the total geographic area of schools to the area. It involves more than just the city. Urban villages—which are simply modern versions of clearing a few acres to build houses – someone has traditional neighborhoods that existed in Corpus Christi many years to "want" to live there. ago—would provide a choice that is increasingly desired by a portion of the housing market. Both urban villages and downtown Goal 3 – good luck! revitalization have to be supported by housing—tourism and office traffic is not sufficient. Access to nearby employment (such as the Goal 6 – I just don't see the "urban village" concept Christus Spohn hospital complex) or colleges (such as the future taking hold in our climate and our large geographic southside campus of Del Mar) also attract people to urban villages. city area. We are not a compact urban area and I There are many examples of successful walkable urban village style would fear a huge investment for this "planning tool" would not get the desired result. Downtown yes –walking and tourist traffic will drive this but development in Texas, as well as in other parts of the country. Mixed-use development: New design approaches, including not 6 points, 5 points, del mar college village, etc. As transitions in height and density, are needed to create compatibility far as "mixed" neighborhoods, I invite all planners to between single family and multi -family housing, as well as provision of attend any P and Z meeting where a developer amenities and walk -to neighborhood retail. The Barisi Village project wants to build apartments next to an existing single recently approved by the City was supported by most adjacent single family neighborhood – I've seldom seen any acceptance of this concept. family neighbors. Element 5 –Jobs and economic development: The desired jobs and Element 5: Jobs. I like them and I like the goals set economic development articulated in these goals and policies are forth. approved by the commenter. In many cases, these desired outcomes 3 4 are connected to provision of more housing choice, more different Element 6: kinds of living environments, and more transportation choice—goals Goal 1– I don't think we need to place strong and policies that are questioned by the commenter. For the city to be emphasis on bicycles in our climate. Bikes are OK more economically competitive, it needs to offer the choice in for exercise and downtown tourism but are not a housing, transportation, and urban amenities that attract factor for getting around town. Neither is an entrepreneurs and businesses (because businesses want to be where emphasis for walking except as mentioned above. It their labor force wants to be). Educated young adults leave Corpus is too hot and too spread out. Also, Public Christi, and one of the reasons is that it does not provide the kind of Transportation has never been able to gain a foothold in CC and I would hate to invest millions in trying to force people to ride the buses and then city environment that young adults are seeking today. Element 6 -Goal 1 -Multimodal transportation: A multimodal find we meet with the same level of non-success. transportation system provides more transportation choice for all kinds of trips—commuting, errands, recreation and so on. It is not Goal 3 – No need to lower speed limits in assumed that individuals would have to use this network by going neighborhoods. Please do not stress "road diet" from one end of the city to the other, and build out of a network arterials and, above all, stay away from "round- would be incremental. The City needs a more nuanced approach than abouts" in street design. it is currently using to provide bike lanes. Element 7: Walking and biking and health: Corpus Christi has poor public health I cannot argue with these goals – I just wonder how statistics that could be improved with more opportunities to walk and and who will pay for all these good improvements! bike. Element 8: Walking and biking in the CC climate: "Winter Texans" spend 6 to 9 Goal 1- must include wording to the effect that CC months of the year in Corpus Christi because the weather is pleasant. supports the timely and orderly expansion of development into adjacent areas of the city. If we grow 2500 jobs each year we will need more, not Extreme heat does not prevail the entire year. Transit: The plan does not propose additional local funding for public less, single family housing in acceptable transportation but support for the CCRTA's current strategy of neighborhoods. I do not support "Scenario 3" improving service on the most -used routes by increasing the mentioned in the original Plan 2035 that would frequency, comfort and convenience of service, which can attract reduce housing in outlying neighborhoods (i.e. southside, northwest, padre island) to 50 % of city housing. I don't think the few hundred citizens who more riders. Element 6 -Goal 3 – Neighborhood collector and local streets: Traffic did voice approval of this scenario represent the speeds on some collector streets should be reviewed to see if they home buying public; I believe "Scenario 1" is the impede safe crossing and connections between neighborhoods, access way the city should proceed with planning for the to parks, and so on. Road diets are not mentioned in the goals. The next 20 years. City has already adopted road diets for certain streets in Mobility CC. Goal 2 – I do not support "Urban Village" concept as Element 7 – Infrastructure: In order to be competitive in the future— ! believe it will not be in vogue within the next 20 for both businesses and people-- Corpus Christi has to find a way to years in our climate and in our city size for reasons modernize and upgrade its infrastructure. Financing can come 4 5 previously stated. Goal 3 — Ok to have design standards for public development but leave private developments to the individual owners and developers. We already have zoning ordinances which exert ample control over what can and cannot be built; we don't want, nor need, "design standards". If it is ugly it won't sell to the public who are the final determiners of such "standards". Goal 4— Do not adopt the "1 lot/20 acres" zoning concept for newly annexed properties. I believe this is wrong and constitutes a "taking" for all property owners and will slow or stop all new annexation leaving the city with septic tanks all over the adjacent acreage. This is bad policy and an unabashed "government intrusion" onto private property. through bonding, fees, and other measures. Element 8 — Future Land Use, etc.-Goal 1: See response above at the beginning of the response to this comment. The Future Land Use Plan provides for approximately 8,000 acres of expansion with orderly development into the ETJ in the Southside/London area and the Northwest. Element 8 — Goal 2: See response under "Housing." Element 8 — Goal 3: Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. Once a building is constructed, the public doesn't have an opportunity to do anything about it. Element 8 — Goal 4 [Goal 6 was probably intended since Goal 4 is about airfields] — Goal 6-Orderly annexation: The goals and policies do not mention specific policies and regulations but call for a system of orderly growth in the ETJ. 4 Our land is highly impacted and devalued by this land use plan which designates our 400 acre Tufts Cove property on Mustang Island as "Open Space". This is the property which provided access to Wilson's Cut and goes north on the Bay Side. Our land use plan is attached. We have not submitted to the City as we have been working on grading permits. We realize this plan attached may not be close to the final but is a good example of the mix of homes, commercial and cluster residential that we believe will draw well in the market, provide a good tax base for the City and a unique experience for the residence. Please let me know the steps I need to take to insure that our property can be developed in a manner consistent or similar to that attached. Recommendation: Review and make any necessary changes to Mustang Island land use. Recommendation: Change this property's future land use designation to Planned Development while retaining a small portion on the bay as Flood Plain Conservation, similar to today's adopted Future Land Use Map. The area on Mustang Island between the Fire Station on the south and the City limit line on the north end should be designated as Planned Development in the Future Land Use Plan. 5 6 E LAYOUTA FOR ESTIMATE.PDF 5 This is agenda2l""""' FYI there is a bill coming up in Texas to stop plans like these by sept 2015. "Smart growth" is just another Agenda 21 plan. Want to see a mass migration of property tax payers OUT of CC? Go ahead with this plan and that is coming soon. My family has been here and built a business since the 40s.BUT I'll sell off my rentals and move. Those little bedroom towns Rockport, Aransas Pass and others will be getting an economic boost soon. How are you going to pay for this when the actual tax payers get enough of this? Recommendation: No change. Same as consultant. 6 More people would comment if the sign up weren't so hard: Every time the city oozes south, we have to build more fire stations and we can't afford to staff the ones we have. We annexed Flour Bluff and Calallen more than 50 years ago and many places are still on septic tanks with a volunteer fire department. Recommendation: No change. Same as consultant. 7 This city needs to focus on the present problems: This city needs to resolve the present problems before it should even consider taking more debt. Recommendation: No change. Same as consultant. 8 It is sad that the City has chosen to gut most of the 1st draft of Plan CC 2035 which had many good recommendations for action. The current plan is a pale shadow of the former vision which seems designed for the City to put on a shelf and forget about as soon as it is adopted, just like all planning the City has done over the past 50 years. I wonder why Chapman Ranch was annexed when there is no plan for anything out there? Why is the City going to spend all that money putting infrastructure out to the middle of nowhere with no plan to actually develop it? The City should save Recommendation: No change. Same as consultant. 6 7 that money for needed infrastructure within the actual City and future actual City (as defined by Plan CC 2035) and dis-annex the Chapman Ranch immediately. 9 First, I would like to thank you all for the opportunity to deliver to you my vision of CC 2035. This initial act of transparency is a monumental step forward and is the first stepping stone to on the path to a transparent system of government. When we are Visioning, we are creating a picture of what the future will look like. My vision of the future looks like this: -I see a Corpus Christi with a renovated downtown with small local businesses featuring our local flavor represented. In this downtown, it is safe to park your car without fear of it being vandalized or of being robbed on the way to enjoy the attractions. -I see a Corpus Christi where North Beach is a hubbub of activity reminiscent of the Boardwalks on the Atlantic and Pacific Coasts. Where the new Harbor Bridge glows in the night sky, welcoming all who come to visit. Where, at the foot of that bridge, is a bed of cultural activity which is a world- class destination for our global visitors. -I see a Corpus Christi that celebrates the diversity of our city with placement of affordable housing projects not just in clusters, but evenly distributed throughout our neighborhoods. South Side, North Side, the Island, the East side and West side. -I see a Corpus Christi that effectively utilizes its public spaces and organizes events in public parks which leverages local and ethnic entertainment and coordinates events which are appealing to our citizens, leveraging Corpus Christi's history in various industries including Tejano. -I see a Corpus Christi that has billboards proclaiming the grandeur of our city along the 1-35 corridor and promoting not only our downtown beaches, but of JP Luby, North Packery and South Recommendation: No change. Many of the ideas in this comment are incorporated into the Plan CC Vision, Goals, and Policies. Same as consultant. 7 8 Packery from Oklahoma City to San Antonio. -I see a Corpus Christi with clearly designated road signs directing folks not only to the Corpus Christi beach, but to the Island, as well as to emergent local attractions. -I see a Corpus Christi with a mobile night market which shifts from neighborhood to neighborhood, providing the opportunity for community members to get to know one another, that focuses on the development of small business and micro -business startups on the local level and encourages the formation of local collaborations for public safety and security. -I see a Corpus Christi that supports small business and micro -business with the same level of zeal given to the large corporations, with the provision of support services, tax breaks on initial licensing, the provision of a communal Commissary to develop an emergent food trailer market and the opportunity to participate in City functions at a reduced cost to locals. -I see a Corpus Christi that is on the cutting edge of emergent social programs. A Corpus Christi that is willing to invest in its citizens and develop the next generation of entrepreneurs and business owner. A Corpus Christi that solicits business not only with tax incentives, but partners with business to create job training programs specific to their needs. A Corpus Christi that exports our oil and gas expert workers around the globe to funnel that money back into our economy. A Corpus Christi that has diversified its tax base to protect itself from the boom and bust cycle of the oil industry. -I see a Corpus Christi that values its women and provides them appropriate medical interventions in order to develop career opportunities and maintain the control they desire of their bodies. -I see a Corpus Christi with a police department with a streamlined budget, whose top priority is the control of crimes of life and property, where traffic flow is enhanced by the provision of Fire and 8 9 Medical on site of an accident and an expanded Fire Department, not police, who respond to return traffic flow to normal. Where the beaches are beautiful and protected by appropriate fines for littering which are actively enforced. City and County services are accompanied with community partnerships with local use groups to deliver site services to defray budget cost, resulting in partnerships which last into the future. -I see a Corpus Christi that has embraced the Tech revolution, who has welcomed Google into our City with high-speed affordable internet connectivity, self-driving vehicles and partnerships with local colleges to buttress and expand services to emergent companies like SpaceX. We have a particular set of climate conditions which make Corpus Christi a great city for research and development, prototyping and product testing and in that future city, Corpus is a hotbed of emergent science and industry. -I see a Corpus Christi that is representative of its population, which elects representatives from proper districts which are free of gerrymandering and elected officials who are able to make decisions in the best interest of the City and not because of monetary donations from vested interests, but because it is the right thing to do. -I see open City Council meetings hosted not when the bulk of us are creating taxable income, but after we have had time to get home, have some dinner and then appear to give our feedback. -I see the development of a Social Media arm of our City, where we have a clear system of communication of intentions, meetings and schedules of events is delivered in a timely manner. -I see a City Government that works hand-in-hand with County and State Services, dovetailing their efforts to achieve a bright future, not haggling amongst themselves for a bigger slice of the pie. -I see a series of renovated neighborhoods, where Code Enforcement not only tells you what needs 9 10 fixed, but is also supplied with information as to programs that assist income-bracketed homeowners in finding supplies and labor to complete the projects as well as a timeline for completion. -I see a Corpus Christi where the populace is free from fear. Fear of being pulled over because of a sticker being out of date, free from harassment by coordinated speed traps, free to come and go to work without being extorted by the police. Free of the fear of crime ridden neighborhoods, where criminals are allowed to roam free and break into our cars and homes, assault our friends and rob them, who perpetrate crimes against person and property. -Finally, I see a Corpus Christi which has ended the stream of inmates sent through the revolving door to the prison mill, where private corporations farm Texans for cash, where private companies profit from renting hardware and tech to insure a false sense of security because the net of preventative policing has caused our streets to be infected by the same behavior sets that define what is prison. The current policies and procedures have resulted in a sickness that has spread from our lowest income neighborhoods because their fathers only knowledge of how to be a man was taught to him by his cell mate. It has created a generation of children with no fathers, broken homes and despair. It has been held there for two generations of segregated low-income housing delegations driven by protectionist property owners with the capability to buy off local politicians with behind closed door agreements, where the public is free of the authoritarian chokehold created by private interest in public security and the fear mongering of judges and district attorneys up for re-election who used to feed us fear while making back room deals for a cut in the newest ankle monitor contract. 10 I understand the council is seeking public comment for the Second Draft of the PIanCC2035 through July Recommendation: No change. Same as consultant. 10 11 20th. First, this second attempt is clearly an Element 4 — Goal 8 and Element 8 — Land Use Principles: "Throughout improvement over the earlier version. I have read (pg. 20, #8; and on pg. 33 Housing and Neighborhoods) calls for most of the Plan and feel there are many positive 'guidelines that promote interconnected development'": Patterns of ideas set forth such as a call for an organized development that are interconnected are more efficient because approach to zoning and support for a strategic infrastructure extensions are shorter and cost less, and people need to approach to providing adequate water, waste water-treatment and storm drainage and infrastructure for redevelopment and new travel less to get to destinations, saving both time and money. Discussion on London ISD area: Plan CC promotes orderly annexation development in targeted areas. Perhaps many of of the Southside/London area as well as an area in the Northwest, for a the topics raised by Mr. Ralph Coker in his Caller- total of approximately 8,000 acres. Times Forum of July 13, 2015 could be worked into the overall Plan as well. Element 8, Goal 6 — Annexation: The Vision, Goals, and Policies do not identify specific policies and regulations to ensure orderly Just a few observations of some of the wording causes alarm about the intent of the overall work product. Throughout (pg. 20, #8; and on pg. 33 development. Element 7 — Goal 4-Environmentally and economically sustainable Housing and Neighborhoods) calls for "guidelines storm water and drainage system-policy to review storm water billing that promote interconnected development'. While system: The Vision, Goals and Policies call for "review" and do not idealistic, conceptually this ignores the desires of specify if change is needed and what that change should be. The citizens wanting to live within the ETJ near schools background document suggests a task force that would include the and natural amenities such as the Oso Creek area with actual shorter travel times to commerce. development community to work on storm water issues. Specifically "avoiding leapfrog development'. I am Element 8 — Goal 1-Redevelopment authority: The Vision, Goals, and reminded of the $2.8 million dollar SPA #30 Policies do not prescribe exactly how a redevelopment authority would extended 1.8 miles out Airline about 6 years ago to function. There are examples of different approaches in Texas cities a forgotten area that resulted in an immediate and elsewhere in states with similar economic environments. The permitting of eight subdivisions. It changed the face of growth for over a decade. purpose is to create conditions that can leverage private investment. In the first draft the Plan states Corpus Christi is over 40 miles long from Callallen to the Island. By contrast, the London ISD area is actually almost as close to downtown as the Palmera Mall in miles and closer in minutes. I view this as actually infilling the middle section of our extremely linear city. Great transportation corridors are underway, city water exist and the Greenwood treatment plant a mere 1- 1/2 miles away. Moreover the demand for housing is obvious. The previous draft called for a minimum lot size in 11 12 the ETJ of 20 acres and is now replaced with "Use annexation powers combined with minimum lot size in zoning and infrastructure policy to promote orderly and efficient development in the ETJ". The ETJ should not be treated differently than any other zoning classification within the City. Page 30, #4 "Review the creation of a more equitable billing system for storm water services." Hopefully this is not code for the creation of a Storm Water Utility District which is really an impact fee or tax and should be billed city wide equally to all users through the existing utility departments regarding maintenance of drainage systems. Most drainage outfalls are built and paid for by developers at the time of platting anyway. On pg. 33 #1, the reference to creation of a City Redevelopment Authority or similar agency will consist of business friendly individuals and those existing landowners willing to invest their own at risk capital as opposed to a call for investing our much needed tax dollars in areas lacking schools, adequate retail, infrastructure and transportation. Perhaps my opinion that the free enterprise system can work if left to it's own means is naive. If we are to subsidize the older redevelopment areas it should be based on a earned merit system that is actually monitored for performance. Thank you for your leadership in representing both those who wish for a Village Concept for our future as well as those who invest and recognize the need for growth and spreading our tax base for future generations. Please give good guidance for our ETJ as it really is our future, composed of responsible landowners willing to avoid the term "land acne". I wonder who came up with that? The real issue lies ahead as to how and when the details of the Plan CC 2035 get implemented. I have complete confidence in this Council and its determination to work 12 13 through the many challenges to create a business friendly climate for us all. 11 1) Downtown development areas need to be interconnected with public transit in order to make the whole more appealing. None of the sections have quite enough positives to thrive independently, but connected together, they all will. Synergy = strength. Emphasis on pedestrian traffic (walking) won't work; our climate isn't mild enough to foster walking; it's too hot or too windy too often, and tourists don't venture far into unfamiliar areas on foot. Chicago has its EL, NYC, DC and others have subways, Detroit has its downtown monorail loop, which might work here...adding a Disneyesque transit attraction for the convention bureau to hype. It would only need to be about a two or three mile loop with a half dozen-or-so stops, so walks would be broken up into quarter mile to half mile (ad)ventures. San Antonio has its Riverwalk, Corpus Christi could have its Downtown Zoom. A spur could get folks to the other side of the harbor to North Beach by being integrated into the new Harbor Bridge plan. Anchored by existing car parking at Whattaburger Field and similar potential in redeveloping areas such as the old Memorial Coliseum and old Harbor Bridge approaches, the park-and-shuttle circle system developed could become a large and flexible crowd-moving solution to a myriad of downtown needs, the first of which would be easy downtown access. Study large airport people-moving systems for inspiration and instruction. 2) Plan for the potential of destination resort casino gambling in 3 Corpus Christi areas, all naturals: North Beach, Downtown (old Harbor Bridge approach area?) and Mustang Island, within Corpus Christi city limits. Our area could support a string of such casinos similar in capacity and competition to both the Mississippi Gulf Coast and all of the State of Louisiana. Texas will soon tire of allowing LA to Recommendation: No change. Walking and biking is not just for tourists but to help make Corpus Christi a complete community with more choice in transportation and in recreation. Corpus Christi has a mild climate 6 to 9 months of the year—when the winter Texans come. In addition, it has poor public health statistics that could be improved with more opportunities to walk and bike. Same as consultant. 13 14 siphon off its gambling income, and if these areas do not become casinos within the next decade, the areas could later be re-purposed. My guess is that we have a race between 1) casino gambling legalization and 2) true on-line state sales taxes to see which potential revenue stream Texas next exploits. Both are huge. By the way, very few want to pay more to fly into Corpus Christi to get on a cruise ship. There are more lucrative paths into the hotel supply business. We should quit trying to ride that dead horse. 3) Use water and sewer line construction and reconstruction as the means of controlling new development. The Lord (and everyone else) knows we have huge (billion$) existing infrastructure reconstruction needs in Corpus Christi. Make sure all EXISTING infrastructure reconstruction needs are met PRIOR to EXTENDING water, sewer, street, curb and gutter to any new areas. This will asssure that redevelopment trumps continued sprawl...folks are tired of new developments getting new city utilities while they experience generations of neglect by the city and the decay of their neighborhood infrastructure...some neighborhoods are losing their local parks! If developers complain, tell them to check out opportunities in places like Henderson, NV. 4) When dismantling the old Harbor Bridge, accidentally drop enough of it on the old courthouse 12 A watered down version for developers: it appears a small group of developers will once again prevail over the wishes of the people for no more sprawl. their is no plan for the chapman ranch except to tax it. it is also obvious developers want to expand the population in areas that will be submerged in the next hurricane. Plan CC 2035 is turning out to be a waste of money as none of its recommendations will survive political pressure. Recommendation: No change. Same as consultant. 14 13 1. Pg 10: Under Pursue high—quality development, delete "and establish high quality design standards for private development" 2. Pg 13: Natural Systems — Add bullet point under Recommendations: Element 3, Goal 5, potential additional policy: potential language could be: "Support the Coastal Bend Green Built program or any equivalent program as the green building standard for residential development and promote LEED (Leadership in Same as consultant, except on page 36 regarding land use categories: Rename the residential land use categories in this way: 1. — "Promote a drainage plan for the New Energy and Environmental Design) standards or the equivalent • Low Density Southside and drain it to a location other than for non-residential building." Residential — up to 4 the Oso Creek." Dwelling Units Per Element 6 Acre, color code is 3. Pg 14: Open Space, Parks and Recreation — a) Goal 2 — street system; policy three — " integrate Light Yellow Remove first bullet point under 9. transportation planning with utility infrastructure planning." • Medium Density Adding "neighborhood planning" after "transportation residential —4 to 13 4. Pg 17: planning" is a good idea. Dwelling Units Per a. Resilience — Point 1. — what does this b) Goal 3 — reconstruction program for local streets — change Acre, color code is mean? "consider" to "create." Bright Yellow b. Point 2. — Delete until specifics are • High Density shown Element 8 Residential — greater c. Resource Efficiency — Add a bullet Page 33 Land Use Principles box, bullet 3 under Housing and than 13 Dwelling point under 5. — "...and adopt the Neighborhoods, change "Locate" to "Promote the location of" Units Per Acre, color Coastal Bend Green Built as the official code is brown Green residential program of the City Page 36 et seq. — Residential uses definitions and keys to the maps: of Corpus Christi." The commenter would like the three density levels of single This eliminates the category family residential uses to be collapsed into one single family of "High Density Single Family 5. Pg 19: Line 1 under "Housing and residential land use category. In principle, this is acceptable Residential." Neighborhoods" — Delete "Connected" in the and this would leave density levels to be a matter for zoning sentence — "High —Quality, safe, connected and within the overall single family land use category. There are The names of the categories diverse..." pros and cons to this approach. The different density would no longer reference categories were chosen (1) to follow the City's existing single- or multi -family, rather 6. Pg 20: Housing — practice of indicating low/medium/high density; (2) to allow just "residential" with an a. Add second bullet point to 1. — for designation of areas likely to be affected by imminent associated density. "Create a "Housing Czar" at City Hall to airport zoning as lower -density; (3) where possible, to indicate coordinate all the Housing—Related transitions in density. Since so much of the City's land area is Response to specific entities." designated for single family residential uses, if one single- comment #5 -- The text on b. Housing — Bullet point under 5. — family land use category were to be used, the City should this page is from the vision Change the wording of the second review and update single family zoning as needed to ensure that was agreed to by the bullet point to read — "Promote that it meets Plan CC goals and principles relating to issues Citizens Advisory Committee resource—efficiency in all new housing such as building neighborhoods and not just isolated and reviewed by the Planning through financial, as well as non— subdivisions, transitions from lower -intensity to higher- Commission. The idea of financial incentives, such as permit intensity uses, and so on. "connected" neighborhoods streamlining." also relates to goals in other 15 16 a. Neighborhoods i. Bullet point under 7. — Remove "walkable" ii. Add to third bullet point — "The "Housing Czar" will..." at the beginning of the sentence b. Community Identity and Sense of Place 1. Delete the wording in 8. — "rather than creating isolated subdivisions or apartment complexes" 2. Delete first bullet point entirely 7. Pg 23: Goals a. Add to first bullet point of 2. —"Create a system to..." to the beginning of the sentence b. Remove third bullet point under 3. 8. Pg 27: Goals a. Change the wording of the third bullet point under 2. to —"Integrate transportation planning with utility infrastructure and neighborhood Responses to specific comments: 1. Vision and Principles: The Principles statements were approved by the Plan CC Citizens Advisory Committee. Design standards created by cities are not about architectural style but about impacts on the public realm to create attractive and functional development. They are more relevant to non-residential development. 2. Element 2 — Goal 1: The proposed policy in the comment is a strategy or action rather than a policy because it specifies a particular way to solve an issue. 3. Element 2 — Goal 9 - facilities and programs for swimming: While some programs and facilities exist, ensuring that everyone in a beach city has the opportunity to learn how to swim is a safety issue as well as a recreation issue. 4. Element 3 — Goal 1-Holistic standard of resilience: a) Hazard mitigation and emergency planning should be reviewed regularly to make sure that it is adaptable to changing conditions. b) Resilience means preparing for disaster crises, being able to respond effectively, and being able to learn and adapt to change. A holistic, community-level standard means ensuring that people understand what the risks are and how to be resilient on the household and elements such as creating mobility options. development planning." business level, as well as the governmental level. b. Second bullet point under 3. — Change the c) See recommendation above. Residential development is not the word "Consider" to "Create" only development in Corpus Christi. 9. Pg 30: Infrastructure a. Add third bullet point to 6. — "Sell or dispose of under—utilized structures and 5. See staff response 6. Element 4, Housing put underutilized land in a "City-Run Land a) Goal 1 — comprehensive housing policy. The proposed language Bank" ("housing czar") is a strategy or action and not a policy. It could be a b. Change 7. to read — "Public buildings, facilities and open spaces comply with ADA recommendation of the policy group proposed in the bullet. b) Goal 5 — resource efficiency: The proposed language would include (Americans with Disabilities Act) standards. financial incentives for resource-efficiency. Rather than have a separate inventive for resource-efficiency, it should be part of any 10. Pg 32: Under "From the Principles"; Delete the overall housing incentive program wording—"and establish high—quality design Neighborhoods standards for private development i) Goal 7 — policy bullet 1: urban villages are walkable by definition ii) Goal 7 — coordination: see above on "housing czar" 11. Pg 33: Community identity 16 17 a. Goals — Under 3. remove the wording "and private" from so sentence reads "public developments demonstrate high standards of design." In Lower Part of the Page, in the Box 1) Goal 8 — creating a sense of neighborhood from a set of subdivisions or apartment complexes means they have to be connected rather than isolate. 2) Goal 8 — interconnected development: the city needs to communicate the desire for connections, either through regulation or b. Housing and Neighborhoods —Third bullet point — change it to read "Promote the location of multifamily..." through voluntary guidelines. 7. Element 5, pg. 23 c. Efficient Development Patterns a) Goal 2— attract and retain firms; policy one proposed language i. Remove first two bullet points "create a system to" seems redundant. ii. Remove the following wording from b) Goal 3 — entrepreneurial ecosystem: proposed elimination of policy fourth bullet point "combined with to encourage youth to develop entrepreneurial talents. No reason is minimum lot size in zoning and" d. Environment and Resilience i. Second bullet point change the word given to delete this. 8. Element 6, pg. 27 "Preserve" to "Promote the a) Goal 2 — street system; policy three — "integrate transportation preservation of land..." planning with utility infrastructure planning." Adding "neighborhood ii. Add, to the end of the second bullet planning" is a good idea. point, the wording "...by providing b) Goal 3 — reconstruction program for local streets — change incentives, both financial and non— financial, to land owners and developers" "consider" to "create." Good idea. 9. Element 7, pg. 30 iii. Third bullet point — change the word a) Goal 6 — City maintains municipal facilities for long-term use: "Avoid" to "Promote the avoidance of proposed additional bullet on creating a land bank of underutilized development..." land and structures owned by the City. This is a specific strategy that 12. Pg 36: Residential Uses may not be necessary depending on the results of the facilities plan I. Delete this wording from the first now being developed. sentence — "three density levels for b) Goal 7 — ADA requirements. Privately owned properties open to the single—family housing and a separate land use category for multifamily development and for mixed—use public (e.g., stores) are required under ADA to be accessible. 10. Element 8, pg. 32 development, which can include Page 32 — this proposed deletion is from language that was approved housing." by the Citizens' Advisory Committee. II. Delete the entire wording of the Single—Family section 11. Element 8, pg. 33 a) Goal 3 — see previous discussion of design standards. 13. Pg 38: Under the "Key: Future Land Use Map" — Land Use Principles Box on pg. 33 Remove the 3 Single—Family Residential Land Uses b) Housing and Neighborhoods: Proposed addition/modification "Promote the location" instead of "locate" —Yes. 14. Develop historic sites in the City of Corpus c) Efficient development patterns — see previous discussion of cost - Christi such as Artesian Park efficient land use patterns; a specific zoning policy is not stated here 17 18 but simply that it is a tool to aid orderly development d) Environment and resilience: (i) In order to achieve the green corridor goals in the predicate of this sentence, promotion of preservation is not sufficient — the land needs to be preserved in some fashion. (ii) The proposed language is a strategy, not a principle. (iii) Hazard mitigation and resilience measures should be incorporated, not just promoted. 12 & 13. See consultant and staff recommendations above. 14. Not clear what is meant here by "develop" historic sites "like Artesian Park." The land was donated in the 1850s by Kinney for a park — making this one of the oldest parks in Corpus Christi. If "develop" means improve the park as downtown revitalizes, that seems appropriate. However, for the Vision-Goals-Policies comprehensive plan, specific actions of this type are not appropriate. 14 As an MBA student at TAMUCC, I see no point in staying in Corpus Christi. The focus on wanting graduates to stay is one thing but focusing on [illegible] is a mistake. Reconstruction of the downtown and the area of the bayfront is a start, however, no one wants to proceed with it. The wider variety of housing is too [illegible] and most people are just [illegible] with "very much," less options next [illegible]. Lofts downtown with better business in the area would thrive; the city needs to be more open with [illegible] and stop wanting this "retirement" city where nothing thrives and graduates leave. The job market is small and most students I've talked to notice this and to earn a job in a decent company is to know someone's dad or mom, or wait till someone retires and their position opens up. Recommendation: No change. Same as consultant. 15 I love the libraries. Don't make cuts to library please. We need to increase literacy and knowledge to build a great workforce and students and adults. Recommendation: No change. Same as consultant. 16 To whom it may concern: The vision that has become "Plan 2035" is a very nice concept of a city that we could work towards into the future, meaning possibly 75 to 100 years in the future. To date we haven't been able to keep up with our Recommendation: No change. Same as consultant. 18 19 infrastructure, street repair or our brush (debris) pickup. I can't imagine how you could possibly expect future Planning Commissions, or City Councils, to adhere to the prescriptions of this so called plan. I personally have two very large, exciting projects planned for the near downtown area that will fit beautifully in this vision, but we cannot set back the development of other parts of this city because of an unrealistic, unaffordable plan. 17 The following comment is provided by myself, as an individual, with copies to the Sierra Club and the League of Women Voters at the request of the Sierra Club, local arm. I reviewed comparative drafts of Plan CC 2035 this afternoon at Neyland Library. Value of Draft #1. Draft #1 is a valuable, annotated (therefore authoritative) resource. As a comprehensive, 150 page work, it rationalizes and instructs in options to implement goals and policies the community values. Let's don't lose track of it, even if Draft #2 becomes the final plan. Findings and strategies are eye-openers, even if a person may not agree with all of them. Seldom do we, the ordinary citizenry, know what steps we ought to take as individuals, shoppers, or investors to cause a plan or policy we favor to materialize. Draft #1 provides that knowledge. Also, this draft is valuable legislative history, to support the Master Plan, even if Draft #1 is not the winner. For that reason, I hope bound copies of Draft #1 continue to be available for purchase. Civic and professional organizations can use the findings and enumerated strategies for projects to improve the community. Draft #1 ought to survive as a guidance document to Draft #2, the abbreviated version. Why Draft #2 is Acceptable. Concerning Draft #2, restatements of goals and policies for core planning elements in 9 categories seem to be fully captured Recommendation: No change. Same as consultant. 19 20 in abbreviated Draft #2. Draft #2 can be thought of as an "executive" summary of detailed Draft #1. Only 2 chapters, city history and recaps of community comments, have been omitted as fully developed chapters. History and Comments are not really planning elements, but are considerations. The outcome reduces the volume from approximately 150 pages to a manageable 50 pages of proposed plan, expressed in the boxed "Goals and Policies" tables for each of 9 "elements." So long as Draft #1 is preserved to memorialize findings and to publicize potential strategies, Draft #2 is acceptable to me as a statement of policy to meet legal requirements for a Master Plan. 18 I have attended many meetings, regarding this new Comprehensive plan. I have read many sections from the original document. I think the comments made by Ron Olson at the end of the special city council reading were definitive for me. We must, by law, have a comprehensive plan. The money has already been spent and this plan will be adopted by the City of Corpus Christi. In addition, the comments made at the South Side Chamber meeting also matched my sentiments exactly. To complain about the Goals and Policies is like voting against motherhood and apple pie. They are lofty and desirable, to be sure. The comment about the devil existing in the details, is also true. I have EXTREME concerns after reading the strategies and actions that were included in the original document. I found them completely out of touch with our culture and climate. It is ALWAYS about the money. That being said, Unit 11 even mentions that the participants in the original study groups, were concerned that the goals were unattainable by our city budgets and limitations. Unit 11 also states that this plan was written to enhance the opportunity for the city to write and qualify for Grants from outside sources. Meaning, if we meet Recommendation: No change. Same as consultant. 20 21 their requirements, we could hope they will fund our future projects. User fees were the other strongly recommended option, since CCTX is at their property tax limit and previous bonds need to be repaid before more can be borrowed. I have great trepidation about how we will proceed once these Goals and Policies are adopted.... 19 On page 44 of the second draft tract; 16.35 acres of Lot 19, Section 40, Flour Bluff & Encinal Farm & Garden tracts is classified as Flood Plain Conservation. A significant portion of this acreage is not located in the flood plain. I request that the map only classify the portion of this tract that is in the flood plain as Flood Plain Conservation and the remainder be classified the same as the surrounding tracts Recommendation: Review the map and floodplain layers and make changes as appropriate. Plan CC Future Land Use Map has a category called Flood Plain Conservation, which indicates property located within the 100-year flood plain. This category is similar to the today's land use category called Conservation/Preservation. Recommendation: Staff recommends that the Plan CC Flood Plain Conservation designation in the Future Land Use Map match the areas designated in today's Future Land Use Map as Conservation/Preservation, which would reduce the amount of land categorized as Floodplain Conservation in both the South Side and Padre/Mustang Island areas. However, following adoption of new FEMA maps, the City should review the boundaries of the Flood Plain Conservation designation in the Future Land Use Map. 20 It was a mistake to remove the strategies from the second draft. The city has been going in the wrong direction for years. The only way to make the new city plan work is to make it enforceable. Once you Recommendation: No change. Same as consultant. 21 22 remove the strategies from the plan, it will just be put on the back burner and turn out to be wasted taxpayer money. Sitting back while the city sprawls southward endlessly and neglecting the rest of the city will burden the taxpayers which is what the strategies were designed to curtail. Removing them is a bad choice. 21 I am most interested in plans for our downtown area. I have lived in several places where the same opportunity/effort have presented themselves. I like the way we are encouraging permanent residents to move into our downtown. The condominiums and apartments appeal to the young as well as the senior members of our community. What I want to suggest is to be sure they can draw upon conveniences close to where they live which will eliminate the use of an automobile for short distances. I suggest at least one mid-size grocery with a pharmacy and deli; a dry-cleaner/laundry, and other small businesses permanent residents will use daily. Using current structures in the area or constructing architecturally appropriate buildings will add to the charm of the environment. Tourists, too, would use the everyday conveniences for sightseeing trips/picnic supplies, snacks in their accommodations. I am picturing residents walking to meet their needs pulling a small cart on wheels as they shop. We should make our downtown "comfortable" for day-to-day living. We have restaurants, small gift shops and our beautiful bayfront. We don't need a carnival for our pristine setting. Some places have neighborhoods that center around their residents' own needs as I suggested above. We can think of our downtown as it's own Recommendation: No change. Same as consultant. 22 23 community which is open for visitors and future residents to move in! I wish you much success as you plan and build our downtown into a terrific place to be. 22 The Sierra Club Coastal Bend Group continues to support draft Plan CC 2035, as a positive path toward an environmentally sustainable future for our city, and we hope that our prior comments submitted on June 14 will be considered. There has been tremendous effort to get this plan this far, and we hope it will become a reality. We are pleased to see an emphasis on resource conservation and hope that with this plan, and the cooperation of the development community, an answer to our ever-increasing urban sprawl may emerge, and that our aging infrastructure problem can be addressed. We are concerned that if Padre Island, our barrier island, continues to develop as the Plan shows, we face tremendous traffic problems during hurricane evacuation, even with an additional bridge, and possible extreme debris problems after the fact. Our area has many experts and scientists in the fields of flood control, riparian corridor best practices, traffic planning, etc. and we encourage solicitation of their input. The following are based on a brief review of the current draft plan. "Our Vision" Please add "birding" in the Stewardship area. Birding is important to our tourism economy. At Pat & Hans Suter Refuge it is not unusual to meet foreign visitors who have come to Corpus Christi for the sole purpose of birding. Section 8 - Efficient Development Patterns "Avoid development that is incompatible with the operation of military airfields and the airport." Have Recommendation: No change. Vision: Since the Citizens' Advisory Committee spent considerable time on the Vision and approved it, the wording of the vision encompasses birding, and environments for birds are mentioned in Element 2 (Green and Blue), it seems preferable not to modify the vision. Element 8 — Land Use, etc. -Development and the airfields: the Joint Land Use Study made recommendations about zoning to accommodate airport and airfield zoning and the City Council recently approved funds to develop this zoning. -Resilience: The holistic approach to resilience mentioned in goals and policies would include looking at elevation levels and upstream development. Same as consultant. 23 24 we checked with the military airfield to see how much protection they want, and what exactly might this protection consist of? NOTE: I have read on Caller.com that the military is not concerned about the proposed wind farm. TAMUCC is located very close to the base, and they apparently have not complained even though this does create traffic problems along Ocean Drive. Does the Port of Corpus Christi also need specialized mention? "Avoid development without resilience measures and mitigation in areas vulnerable to hazards. " We should also look at elevation levels and upstream development, to just consider a few elements. NOTE: When developing, we could consider predominant wind directions and place housing where it can take advantage of our beautiful coastal breezes. 23 I was the instigator in saving the old houses in Heritage Park back in 1974. They were to be destroyed and a parking lot was to go in that location. It seemed like the right thing to do. It proved to be worth the effort. I was also a partner/spokesperson in the Peoples Alley Project in 1976. Peoples Street was to be bulldozed, but we took control of one building and blocked the demolition. Then we brought people down there for a market on several Saturdays and it was a big hit. It was kinda like the Art Walk events, but on Peoples Street and also in the old Wards Building. I have developed some ideas over the years for Downtown. Here are 10 suggestions: 1. CREATE EVENTS The Jazz Festivals, the Dia De Los Muertos Festivals, and the Art Walks have proved that a lot of locals Recommendation: No change. The comments here are more specifically about strategies and actions related to downtown and not the overall Plan CC comprehensive plan. Same as consultant. 24 25 will come out on weekend nights for a good time. There should be an event every month in as many venues as possible. 2. PEDESTRIAN BUSINESS DISTRICT ON CHAPARRAL One way to get new shops and businesses Downtown would be to close Chaparral St.to vehicle traffic between Taylor and Williams along with all of the cross streets between Water St. and Mesquite St., Taylor and Williams. Invite citizen vendors of all kinds of merchandise including garage sale stuff to sell things at tents or booths in the street. It would serve as a business incubator to a large audience. Public electric and water outlets would attract vendors and food trucks, allowing them to avoid the noise and fumes of generators. Public restrooms should be located on every block. It should evolve into a type of world market, mercado, retail street with outdoor cafes.lt could start with one block and expand one block at a time as demand requires. Keep it simple. And fun. 3. PARKING GARAGES ALONG WATER STREET The lack of free parking is one of the things that killed Downtown. It might be time to fix that. Build multi -story mixed use garages on the four blocks of vacant land along Water St. between Schatzel and Williams. Retail at street level with wide, landscaped sidewalks, and apartments and offices could be placed on top to take advantage of the views. A 4. CONNECT WATER ST. TO SHORELINE BLVD. NEAR PARK AVE. Connect Water Street to shoreline Blvd. south of Park Avenue. Let Water Street curve up to Shoreline as a boulevard with a landscaped median. This will give a better, more direct link between Downtown and the beach Park - something it lacks now. Water street behind the Shoreline Terrace will be closed from there to Park Avenue. 25 26 5. CONNECT MESQUITE, AGNES, LAREDO STREETS TO WATER STREET Agnes and Laredo Streets, and Mesquite Street need to be rerouted at the Kinney Street intersections. Agnes and Laredo Streets would curve onto a widened Kinney St. and proceed to Water Street. This will allow Chaparral Street to be closed off as in #2. Mesquite Street will be converted to a two- way street all the way to the Harbor/SEA District. Traffic then could circle the Chapparral Street Pedestrian shopping and festival area in both directions. 6. ADD MUSIC Various musical style bands could play on stages at the cross street intersections regularly. Music always attracts people. It must be well lit, possibly string lighting. 7. RETAMA PARK OASIS Retama Park should be expanded into a larger urban oasis by incorporating the block south of the park where the drive-thru bank sits. Schatzel Street would be closed between Mesquite and Broadway. The old 2-story building on the corner of Lawrence and Broadway could be re-purposed to relate to the park. A water feature or rock garden would be nice features in the new park. 8. TUNNEL CONNECTING UPTOWN AND DOWNTOWN The new Retama Park needs a better connection to the upper bluff area. Build a brick-paved walkway about 35' wide (3 lanes) to connect the Retama Park to to Leopard Street between the Wilson Building and the 600 Building.The 600 block of Leopard Street would be closed to vehicle traffic and made into a pedestrian plaza. Westbound traffic on Leopard St. would be routed to Lipan St. on the south and to Buffalo St. on the north to access Downtown from Uptown. 26 27 9. BUFFALO STREET CONNECTION The traffic ramp from Taylor St. up th bluff to Buffalo St. will replace the Schatzel to Leopard Street ramp when Schatzel is closed (in#2). It would be nice to have a new, more direct connecting ramp from Taylor street up the bluff onto Buffalo Street but we could live with just improving the existing ramp. Buffalo St. will become a major entry/exit to both Shoreline Blvd on the East, and to IH37 on the west at rush hours when the new Harbor Bridge changes traffic patterns. 10. RESTORE THE OLD COURTHOUSE We simply cannot sit here like helpless turtles on our backs while this GRAND DAME of south Texas architecture deteriorates when it could be making not only a reputation as a destination, but possibly money. A fine arts school/museum/gallery or a law school/law offices/mock courtrooms, a CASINO, or a South Texas History center/museum, etc. The building would make a great casino. Until the state law is changed the casino would be more like a pay to play with no tangible monetary rewards. People like to play all kinds of games that they don't get rewards for, so why not gambling games in a casino atmosphere. One thing I believe to be important is the preference of most citizens to maintain their view of the water from Shoreline Drive. Many people have proposed construction of structures on the median or over the water, and the citizens have opposed it every time. No one has a right to abscond with our view for their personal use or for profit. No restaurants, offices, condos, parking garages, mounds of dirt for landscaping, etc in the PUBLIC view space. I personally would like to see the East Shoreline Dr. 27 28 north bound lanes along McGee Beach used for parking. Two lanes along the seawall for head-in or even back-in parking, and the other two lanes for 15 MPH traffic using speed bumps. 24 In going over the new draft I noticed some property I have an interest in in Flour Bluff is classified Flood Recommendation: Review the map and floodplain designations and make adjustments as needed. Same as consultant. Plain Conservation. The tract is 17 acres, about half is above the current BFE of 10' and over 40% is higher than 14'. Looking at other west side Flour Bluff property similarly classified the determining factor is property line rather than the 100 year flood line. To help meet resilience goals without limiting property owners' use of their land I would suggest that the City adopt language that would require all new structures a finished floor elevation built 2' above BFE. That would accomplish the strategic goal of resilience, should be well received by FEMA & make sure all property is subject to equal treatment giving us a more resilient community over all areas. -Resilience/floodplain issues: In areas where properties have a substantial area to build or expand development outside the floodplain, preferable preservation of a floodplain conservation area by keeping development out of the floodplain entirely seems the most prudent option, since the potential impacts of extreme weather events appear to be increasingly unpredictable. The idea of a 2-foot freeboard requirement through a special permit process where the property owner would have to provide a justification for not conserving the floodplain altogether could be an appropriate way to encourage preferable preservation while providing an option. Since this is a specific strategy, in the Second Draft Plan CC, this idea would fall under Element 3, Goal 2, policy bullet 2, "Promote implementation of flood-protection measures throughout the city." Also in the first draft there was verbiage on sea level rise based on the Rockport tide gauge. Of the four closest long-term NOAA tide gauges, Rockport shows the largest change. Rockport also has numerous shallow fresh water wells making the area subject to subsidence due to ground water pumping. Below is a list of the closest NOAA long term tide gauges to Corpus Christi. This strategy and information on sea level rise measurement can be incorporated into the Background Document. Location Rise-mm/yr Rise by 2100 Rockport 5.27 19" Bob Hall Padre Island 3.48 12" Port Mansfield 1.93 7" Freeport 4.43 16" 25 In 2014 I bought 227 acres on Mustang Island. It is in Recommendation: Review and make any necessary changes to Recommendation: Change CC on the west side of 361 & just north of the Island Construction site. The area is zoned rural farm. Mustang Island land use. the Future Land Use Map designation to Planned 28 29 Besides farm/ranch use, I understood that this designation is sort of a holding zone. Once an owner has a use plan, the owner can present it and request a zoning change which may or may not be granted. I have several ideas for development of a portion of the tract. Under the proposed development plan, this tract is to remain open space. I strongly oppose this proposal. It seems the rules are being changed in the middle of the game. Thank you for your consideration of my input. Development in the area on Mustang Island north of Fire Station 16 and south of the City Limit Line. 26 Correct errors in map data showing the location of the southern city line on Padre Island. Recommendation: Review and correct any map errors. Same as consultant. 27 • Page 10, Promote Tourism —tourism represents 25% of the local economy • Page 10, In reference to "Pursue high- quality development" and change to "Pursue quality development." • Page 12, insert a reference "to maintain and improve natural systems, parks and green areas." • Page 17, Goal 4. policy — insertion of the word "compatible" renewable -energy options available to homes... • Page 27, Item 4. policy — strike the phase long Range Strategic Plan • Page 27, Add Item 7. Goals -Promote and Support a Plan for a second access on and off Padre Island; policy maximize evacuation; diminish risks in traffic congestion; enhance safety; promote safe growth • Page 33, Item 1. — Recommendation: A goal and policies for second access to Padre Island could be added (Page 27, addition of Goal 7). p• 10 comments —These are general principles agreed to by the Citizens Advisory Committee and reviewed by the Planning Commission. They are intended to be general values and not specific economic development policies. -The section on economic development includes tourism and other traditional economic sectors, such as oil and gas, as well as emerging and potential new sectors. -No reason given for eliminating "high." P. 12 comment—The text on this page is from the vision that was agreed to by the Citizens Advisory Committee and reviewed by the Planning Commission. Goals and policies in this section refer to maintenance and improvements on page 14. P. 17 Goal 4 policy — Not clear what the purpose of adding "compatible" would be since incompatible options would not be chosen by homes or businesses. This is just about encouraging the offer of choices, not requiring any property owners to do anything. p. 27 — The phrase "Long Range Strategic Plan" is the title of the document being referred to. P. 27 -- addition of Goal 7 on second access to Padre Island. This is discussed in the background document and could be added as a goal in this section. Page 33 -- policy reference to redevelopment authority. Cities where the city council acts as the board of a redevelopment authority without professional staff in a defined agency typically do not gain effective performance from the redevelopment authority. Part of the reason for Recommendation: Add a 7th goal to the Transportation and Mobility Element as suggested in the public comment that supports a second access to Padre Island. policy strike- or similar insert- "comprised the City agency of Council." • Page 33, Item 6. policy — insert "City complies to prior annexation agreements." 29 30 having a redevelopment authority is to have professional staff who are knowledgeable about real estate and planning. Legislation to set up the authority would need to include clear language about how, for what purposes, and with what requirements the agency may act, and the relationship to city council. 28 Cape Summer on Padre Island is already platted and planned for commercial, mixed, resort uses. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development not Flood Plain Conservation. 29 The color-coding of the Future Land Use categories Flood Plain Conservation and Permanent Open Space are too similar. Recommendation: Find a way to better distinguish the two categories. Consider adding cross-hatching in thin black line to the Flood Plain Conservation layer. 30 The property around Island in the Son Church is planned for development. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 31 The southwest corner of Whitecap and SPID is private property planned for development not permanent open space. Recommendation: Change this property's designation in the Future Land Use Map to Mixed Use to fit in with the Neighborhood Village concept proposed by Plan CC on the east side of SPID. 32 The north side of Packery Channel is anticipated for commercial development. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 33 The areas between the Seawall and Leeward Drive are in need of commercial uses within walking distance of residential uses/tourist accommodations and the beach. Recommendation: Change this area's designation in the Future Land Use Map to Mixed Use. 34 Two "fingers" of land are missing north of Whitecap, east of SPID. Recommendation: Update the maps in Plan CC to show these land masses, and designate them in the Future Land Use Map as Medium 30 31 Density Residential (4-13 units per acre). 35 Padre Isles Golf Course should not be planned for commercial development. Recommendation: Change this property's designation in the Future Land Use Map to Permanent Open Space. Only the area of the golf course developed by Schlitterbahn should be designated as commercial. 36 The property just northwest of the Schlitterbahn property should not be designated as commercial in the Future Land Use Map. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 37 The triangular piece of private property on Aquarius Drive across from the City park and Fire Station should not be designated as Flood Plain Conservation in the Future Land Use Map. Recommendation: Change this property's designation in the Future Land Use Map to Planned Development. 38 Though outside city limits, the Port/Ship Channel (Industrial District) should be Heavy Industrial Recommendation: Change this property's designation in the Future Land Use Map to Heavy Industrial. 31 COMMENTS ON THE SECOND DRAFT OF PLAN CC DATED JULY 2015 Public Hearing Comments from the August 12, 2015 Planning Commission Meeting Comment Consultant Response Staff Response 1 • Everything in the Plan seems very generic —just pie in the sky. No actual action is called for: no call to "rezone these areas or to build these things." The plan is missing a call to action. • I want to see a safe network of bike trails so I can get to different parts of the city. Trails along drainage ditches would be good idea. • Oso Parkway Plan was created but nothing has been done to build a trail in 20 years. Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Likewise, the Background Report includes strategies and actions for a bicycle network and for implementation of the Oso Parkway Plan. Recommendation: Same as consultant Element 9, Goals 2 and 3 in particular address a commonly expressed concern of citizens about the implementation of Plan CC. 2 Member of Citizens Alliance for Fairness & Progress: I take exception to transition of the area north of IH- 37 being called out in the future land use map to transition from residential uses to industrial uses. That neighborhood is still livable. Recommendation: No change. The transition is already taking place piecemeal. The transition area designation indicates a need to address how the neighborhood could transition over the long term. A specific plan for this transition with community participation would be needed. A transition plan should accommodate potential life estates for older people who want to live out their lives in the neighborhood. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. Recommendation: Same as consultant 3 I am a member of Citizens Alliance for Fairness & Progress In 1944, the Planning Commission addressed the "Negro" problem of overcrowding in Washington Coles. They were concerned that overcrowding in Washington-Coles would lead to blacks moving to white parts of the city. The City asked whites to leave Hillcrest so blacks could be "contained." The neighborhood has more than 1,200 people, 450 single family houses with 70 years of history 1992 — City adopts Preservation Plan, called for protecting Hillcrest as historical district. Since the late 1980s, there have been five attempted plans for Hillcrest. Each plan called for the revitalization of the neighborhood, but the city didn't want to do that. • City has allowed encroachment of industry into the neighborhood. Recommendation: No change. See comment above on Item 2. Recommendation: Same as consultant 1 2 • Affects neighborhood churches • Citizens Alliance opposes any plan calling for Hillcrest to be a transitional area; residents will not lay down this issue 4 • Online comments didn't go through. • Goal 7 — Magee Beach is underutilized. o Unique to Corpus Christi; other cities would love to have o Magee Beach should be exploited; made safe o 12" steps are dangerous; overlay shorter steps with handrails are needed o Encourage more people to use it o Facilities needed for restrooms, changing clothes; clothes lockers o Volleyball courts, Frisbee golf, trash cans, beach cleaning are all needed — utilize unemployed • Bicycle Traffic o The city needs a safe network across town o Coordinated bike facilities • Goal of economic diversity to retain creative class. o Very important to city's progress o Since weather is generally pleasant, this should be a "festival city" Recommendation: No change. The Background Report, the Parks and Recreation Master Plan, the Mobility CC Plan, and the upcoming bicycle and pedestrian plan being created by the MPO all address these issues. Recommendation: Same as consultant 5 • The city has become unmanageable ("sprawl") — going from one side of SPID to the other takes 20 minutes. • Traffic problems created by people living on outskirts of city traveling to workplaces located in central part of city. • Plan CC seems to aim at restraining sprawl and rebuild older areas • Lamar Park Shopping Center is walkable; can get there from your neighborhood. There is no fence forcing you to walk all the way to the corner [no barrier to walking there]. • Problems created by building in flood plains — south of Oso Creek's recent spring flooding an example Recommendation: No change. Recommendation: Same as consultant 2 6 My family owns property in Washington -Coles • Another dimension of work needing to be done: o Only two sentences about Washington- Coles/Hillcrest in Plan CC o Plan CC calls it a transition neighborhood o Make a diagram of race/income — we should not make decisions when information is missing. • Code Enforcement at Hillcrest houses — o Police should not have taken over Code Enforcement; 10 police officers entered a woman's home over an issue with windows. Waste of resources in addition to frightening citizen. o Who is behind the transition? • Harbor Bridge replacement is being done to increase height; to accommodate traffic from the Panama Canal. o Blue route would have not interfered with property. o The new bridge will destroy current places. o Benzene will be a threat if the red route is selected for the new bridge. EPA has report on effects. • There must be some persons or company who profits by getting rid of Hillcrest. • A black Spanish slave was the first non-native to explore Corpus Christi. • Look into Pioneer company in Houston for a plan to use in the North side of Corpus Christi; includes apartments/townhomes Recommendation: No change. Washington -Coles is not included in the proposed transition district land use designation in the future land use plan because it will be reconnected to downtown when the bridge is built. It is included in the Downtown Area Development Plan as an area for revitalization and mixed -income housing. It could be developed to welcome residents from Hillcrest who want to stay in the general neighborhood but who now would be much better connected to the rest of the city should the Harbor Bridge be relocated as is currently proposed. Recommendation: Same as consultant 7 I am a third generation Corpus Christian. • My grandfather's business was wiped out in the 1919 hurricane. My father was a teacher at Solomon Coles; later had medical practice for 35 years on Sam Rankin Street. • "Body of Christ" — The name of our city gives us a definition of who we are and how we should treat each other with civility, and the needs of people — no matter what part of town. • We need a vision for Corpus Christi that comes together to be sensitive to the needs of residents. • San Antonio has the Alamo; Houston as, "what?"; Recommendation: No change. See comments to Item 2. Recommendation: Same as consultant 3 4 Austin has the Capitol; we are Corpus Christians 8 I am a commercial real estate broker. • I am in favor of planning, but I want a plan that works for a majority. Plan CC has great potential. • Parts of the plan need work: • I suggest the consultant, staff, realtors, architects, builders and engineers review chapters 11 & 12 together [reference to 1st draft's chapters]. • If changes aren't made, that group will not be behind Plan CC. Recommendation: No change. Comments are on the first draft of the plan, which is not the document being proposed for adoption. There is no Chapter 12 in the first draft of the plan. The commenter was likely referring to Chapters 10 (Future Land Use, Zoning, and Urban Design) and 11 (Stewardship and Implementation of the Plan). Recommendation: Same as consultant 9 I am a builder/developer/consultant and a 3rd generation Corpus Christian. • Next 9 years we'll double our population in the MSA (D( A&M). People are coming because of international economics not just quality of life. Predicts addition of 1.2 million people in the MSA. • Referring to Future Land Use Map: 1 house for 20 acres is a problem. People will go outside the ETJ. • How do we pay for everything if we keep expanding? • Has a plan for developing North Beach — preferable to sprawl • Walking concept is good, but what can we afford? How much will people utilize walking/biking in hot climate? • We can't dictate where people are going to live and at what density; developers build to meet demand. • Sit down with developers and realtors for input. Recommendation: No change. Comments refer to misinterpreted aspects of the first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 10 Member of the Association of Realtor Government Affairs Committee. Reiterates what other brokers/realtors have said and adds that the problems with Plan CC are: • Regarding the adoption of rental housing registration -- Council has already examined this idea and discarded it. • Implementation of Plan CC relies on having a Planning Department, the re-establishment of which may or may not happen. Recommendation: No change. Comments refer to the first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 4 5 • Redevelopment Agency — This is eminent domain. An entity that can take property is scary; especially if they are not elected officials. 11 Member of Plan CC Citizens' Advisory Committee • More growth is coming • We don't have sprawl; we have growth because there's only one direction you can grow. o North there are pipelines o West is the Oso Creek o East is the bay • Need annexation of more land and revitalization at the same time. • The 2nd draft of Plan CC is much improved, but there are some changes that need to be made. Recommendation: No change. Recommendation: Same as consultant 12 Member of the Assoc. of Realtors • Plan CC doesn't contain an annexation element • Needs Industrial Agreement • Needs Capital Improvement Program • Some things need to be talked through further Recommendation: No change. Background report contains discussion of annexation and industrial agreements. The City has a Capital Improvement Program that refers to the comprehensive plan for projects and can be adopted by reference when it is prepared. Recommendation: Same as consultant 13 On the Board of Realtors • The city is growing. Example: I used to dove hunt of Slough Road; now it's full of development • Downtown is not doing well. • People want to spread out and want white picket fences • 1 dwelling unit per 20 acres infringes on individual property rights Recommendation: No change. Comments based on first draft of the plan, which is not the document being proposed for adoption. Recommendation: Same as consultant 14 Member of the Westside Business Association • Supports Plan CC — it's an equity growth plan, provides choices for all areas • We have an affordable housing crisis • There is potential in historic sites, such as the Galvan Ballroom • I want to see downtown developed; I want to live there and be able to walk to the beach. • The city needs a plan in order to get grants; City charter calls for a plan • It's time to start working on revitalization Recommendation: No change. Recommendation: Same as consultant 5 15 • No complaints about Plan CC; especially likes Elements 5 & 6 • But is concerned with implementation — how do we get there? • Tie Element 9 into everything else; make it more detailed • Include more detailed action items. Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Recommendation: Same as consultant 16 • Does affordable housing include manufactured housing? • Make use of empty lots on North/West side. I'm frequently asked about moving manufactured homes there and always have to tell people it's not allowed. • Manufactured housing can be beautiful. • Currently not allowed to move a second Manufactured House onto a lot that's been vacant for one year after another Manufactured House has moved — that is discriminatory. Recommendation: No change. The City can take a look at manufactured housing during implementation. Addressing the issue in the code is not really a comprehensive planning item Recommendation: Same as consultant 17 • General support for Plan CC • Affordable housing for people of extremely low income need to be better addressed (elderly for example) • Plan should consider inclusionary zoning —vacant lots, empty buildings, in -fill • Deeply subsidized rental housing is needed; enough to meet need — look at each Council district's needs. HUD definition of no more than 30% of income = affordable housing • City's consolidated plan • Ask that it be included in Plan CC • Statewide trend — people moved from being institutionalized into homes; Corpus Christi not able to do that due to lack of housing Recommendation: No change. The Background Report has many strategies and actions and an implementation matrix, which serve as the starting point for implementation. Recommendation: Same as consultant 18 • Supports Plan CC as a resident • It's a good start. • It addresses the need to improve infrastructure and in -fill. • Of course, people want to move to south side where the infrastructure and schools are good. But, abandoning infrastructure in older neighborhoods pushes people to the south side (example: Houston Heights) Recommendation: No change. Recommendation: Same as consultant 6 7 • For the first time, we are addressing the need of sharing wealth and revitalizing the city 7 First and foremost, thanks and acknowledgement must first be given to the City of Corpus Christi, City Council, City Staff, Goody Clancy, Kailo Communications Studios, and all the community partners and citizens that gave input and insight to bring Plan CC 2035 to this point. Too often, we as a community play armchair quarterback and forget that there are real, actual humans beings who blessed our City with their intellectual property to deliver a plan-- and we cannot begin a conversation without first saying thank you for giving us your brain, your subject matter expertise and your time. To everyone that participated, I thank you. Over the many months of public comment, discussion with neighbors, associates and outright strangers in the community, it's been interesting to have the opportunity to talk about Plan CC. From the beginning up to this point, this has been an overriding theme of my conversations: "Oh, here goes the city dumping money in a plan again. People will fight. And the powers that be will make sure that nothing changes in the plan. Nothing will ever change in Corpus." Maybe nothing changes in Corpus. My official rebuttal is this: I live in Corpus Christi. I live in a city where transformation is possible. I live in a city that can plan for its future growth patterns and economic development and address its existing challenges through innovation and smart strategic planning without squelching new ideas and new development. I believe this City can do so based on sound, fiscally responsible policies. Plan CC is - at its core - symbiotic in nature. Each Element in the plan is tied and supported with another Element. The success of one Element is correlated and integrated with the success of another Element. In this citizen's estimation, this is nothing short of brilliant. Having circled this Earth 41 full times, I know that nothing motivates cooperation more than self-interest. So, for no other reason than that there's something in each Element for everyone to benefit and profit on, I simply say YES! For example, the entirety of Element 2 (Second Draft) focuses on Parks and Recreation and green spaces. But within that Element, there exists a subtle acknowledgement of the challenges that the City faces when dealing with the rapid pace of deep Southside development - and the goals and strategies of Element 2 is supported through components of Elements 3, 7,and 8 (Second Draft). Let's just take ONE component of what Element 2 addresses: the protection of our natural resources and green spaces. As many are aware, it is a fiscal challenge for the City to meet the sewage system needs of these new (and sometimes older) neighborhoods. The demands of this housing market dictates a solution, but that solution (septic systems rather than infrastructure to address these neighborhoods' waste needs) can potentially damage the delicate balance that must exist between urban spaces and the protected natural resources adjacent to them. Parks and green spaces like Oso Bay, Oso Creek and the Laguna Madre not only strength and support the quality of life in Corpus Christi (a core mission of Plan CC), but supports the City's second biggest industry - Tourism - which is a component of Element 5 (Second Draft). These ecosystems and natural resources are a tremendous asset and unique economic driver in Corpus Christi as it relates to the big business of Nature Tourism. Therefore, by simply having goals and strategies supported by actions to protect our natural resources in Element 2, Plan CC simultaneously addresses strategies in Elements 3, 5, 7 and 8 (Second Draft). Letters Submitted Page 1 As another example of this symbiosis, Plan CC addresses diversifying the economy and strengthening our workforce in Element 5 (Second Draft). The implementation of Element 5 would be critical for the success of Elements 4, 6, 7 and more. Once again, let's take ONE strategic component of Element 5 - a diversified economy of well -paying jobs that promotes the expansion and emergence of new industries. Through the strategic implementation of Element 5, Corpus Christi can not only maintain and support existing industry, but will also attract new businesses that bring in a workforce of professionals (sometimes referred to as the creative class) that want to experience the City through its diverse and varied lifestyle options. Successful implementation of Plan CC and Element 5 creates the opportunity for the City to compete against Austin or San Antonio in a promising way. Demographically, these types of professionals cannot be put in a box, as some public commenters suggest when they say "These people will only want to live on the Southside." In fact, some of these professionals - like my neighbors and friends who live in the more centralized areas of town - will ALSO seek housing and a lifestyle addressed and outlined in the in -fill portions of Plan CC strategies. Regardless of where the they want to live, the types of professionals Element 5 will bring to our community will help create a market of ALL neighborhoods in our community. Additionally, they will help grow our city in a way that will have less negative effect on Corpus Christi's current budgetary constraints. In a city where over 1,000 miles of streets need to be repaired (and over half of those miles do not have a plan for repair), where storm and drainage systems are failing in some neighborhoods and not functioning to their fullest capacity in others, its notable that Plan CC encourages in -fill development so that the tax base is not burdened with the creation of new infrastructure without a plan to support its existing infrastructure. Similarly, from a public safety issue, in -fill development helps CCPD and CCFD control the pace of expansion where their services are unfairly stretched to meet. Clearly, I believe in this plan. I think it's smart. I think it's progressive. It gives me hope for this city that I love. My main concern is the stripped down nature of the second draft of Plan CC as compared to the first draft that was submitted in May 2015. The first draft has action items tied to the goals, strategies and policies - as a comprehensive strategic plan should. The second draft of Plan CC without the goals is less a plan and more a guide. And - as referenced in the beginning of my comments - the City of Corpus Christi has had many guides to follow with middling results. I understand that there is reasoning behind taking out the goals. But I feel compelled to use my voice as a Planning Commissioner to urge City Staff to package the goals and the policies with the associated actions. Based on this, my comments would be to find some of the actions from the first draft that are attainable in the short term and include them in an addendum to the Implementation Strategy in Element 9 (Second Draft). For example, in relation to Element 5, Goal 1, the City of Corpus Christi and the Regional Economic Development Corporation can partner with existing leaders in our community like the fantastic Chambers of Commerce, Texas A&M University -Corpus Christi and Young Business Professionals to begin the process marketing Corpus Christi to start-ups and emerging technology industries. Once some traction is gained in these efforts, perhaps the REDC can justify hiring staff members to support this effort. This is just one simple way to include actions in this strategic plan. There are many. I hope that City Staff and the teams that have worked so hard thus far can keep the strategy in this comprehensive strategic plan. Letters Submitted Page 2 My parting thought focuses on the displacement of the Hillcrest neighborhood as it is identified as a transitional neighborhood. If nothing can truly be accomplished to strategical enhance this neighborhood, it is the responsibility of our City to ensure that PIanCC includes a way that the residents from this historic and treasured area be treated with dignity. This neighborhood is more than a group of houses in an area of town. It has a deep and abiding historical significance to our community and to the generations of families and business owners that built it. Heidi Hovda Letters Submitted Page 3 Andy Taubman xandytaubmanx@gmail.com June 15, 2015 Members of the City Council and PIanCC2035 Working Group, I am a big fan of planning. Planning allows everyone in the market to have good information so that tasks can be completed efficiently, costs can be lowered, insurmountable roadblocks can be avoided, everyone can work toward the same goals, and so that open discussion can result in an optimal strategy for all involved. I have just finished reading the Eleven Elements of PIanCC2035 and wanted to provide my feedback within the context of written public comment. I expected detailed engineering and budgets related to the following: 1. Road easements and transportation rights of way. Over time, two lane roads will need to expand into four lane roads. High capacity roads will necessarily ring the city will require high capacity interconnection. For example, is there specific planning related to the Southside Mobility Corridor? 2. Drainage easements. As raw land is developed, drainage pattern often change both with respect to path and volume of runoff. Is there a written master plan and maps for drainage especially in areas in or proximate to the 100 year flood plain? 3. Utility easements and facility capacity expansion. Waste flows downhill, as they say. Has the City evaluated the relative elevations of the areas for new development such that lifting stations, new plants, or plant consolidations account for probable growth with detailed maps, plans, and budget? This is important from a site acquisition perspective and for strategic decisions (such as plant consolidation), as well as a budgetary impact. Is there a coordinated plan with AEP for large-scale service to new green -field areas? However, these key elements seem to be missing from PIanCC2035. A development master plan for new areas would have maps, elevations, and proposed routes with budgetary estimates for these infrastructure costs. The plan for existing areas would focus on details of infrastructure expansion or replacement with related costs. PIanCC2035 does not. In a twenty year plan, there is one any only one strategic imperative — to secure the necessary land, easement, property rights, and budgeted funding to allow growth to occur in an orderly manner. Failure to secure these property rights today will cause traffic, urban sprawl, delayed development, and increased cost of all development. It will never, ever be cheaper than today, when much of the land is raw. In fact, failure to properly plan and piecemeal development will permanently impair orderly development if natural traffic or water pathways have even a few houses blocking the least -cost corridors. Letters Submitted Page 4 If such a master plan existed, it would be actionable (e.g. demonstrate what property must be acquired) and would provide a budgetary framework to provide a financial growth plan. The financial growth plan would provide the discussion inputs to allow policy choices to be debated in a public forum to be decided by elected leaders or popular vote. PIanCC2035 does not provide this information. Thus, PIanCC2035 is neither actionable nor elucidating. It is merely a political document framed within boiler plate, artificial assumptions imposed by urban -planning, social engineers whose primary tool is centralized government command and control. The conclusion was pre -ordained by the constraints which force prioritization of downtown over larger -scale tract development in outlying areas but still within the City. The study completely repudiates the clear and rational trend of the last twenty years of growth to the South and West and ignores the (unfortunate but real) social and economic factors which continue to weaken the near -downtown neighborhoods. I reject the notion that residents prefer high density environments and would walk/bike in 100% humidity / 100 degree temps. Given this reality, there is a high likelihood of mal -investment in things like redundant bike lanes for example. For the plans vision to occur, it would require a change in current preferences and behavior of residents. I also reject the notion that developers prefer green -field development due to differences in land costs. The primary obstacles to infill development are the high cost of unnecessary regulation, the absolute low value of surrounding neighborhood houses in poorer areas. Of course, these proposed wonders of social engineering can be achieved, but only through government subsidy to both residents and developers to incentivize behavior that is un -natural or non -economic. That's the between -the -lines summary of the PIanCC2035 action steps. If you think that new roads, sewers, and stormdrains are expensive, they are a bargain as compared with forcing changes in human behavior on a large enough scale to matter. Because the plan does not incorporate reality as demonstrated by recent experience, nor understanding of the motivation of the market participants, the result of implementing PIanCC2035 is probably failure in terms of actual cost, opportunity cost, and sprawl. The outcome will be the exodus of population and developers to outlying cities or the other side of the Bay. Growth in new housing stock and the economic growth attendant with a vibrant population will reverse. As infrequent and limited government funding becomes available, a few demonstration projects will be completed at great expense to the taxpayer in the form of subsidies, but not on the scale necessary to make one bit of difference to the housing market or character of the city. Every now and then there will also be a spectacular failure (e.g. La Raza), because ultimately governmental entities often get the short end of the stick in public/private partnerships. Twenty years from now the failure will be attributed to "bad luck" when in fact it was a bad plan. I believe that this report is a fig -leaf to hide behind politically to obfuscate the real issue. Here is perhaps the only question that matters: If and when will the City take the necessary tangible steps to support large scale development on the South-west side of Oso creek or beyond 286? Judging by the results manufactured by PIanCC2035, the answer is never. Letters Submitted Page 5 If "never" is indeed the answer, then just say so. Land values will fall dramatically, and growth will stagnate, but at least the certainty will allow everyone involved to make better choices. If "don't know" or "yes" is the answer, then let's get a plan in place to reserve easements, plan for utilities, and generate budgets. As this information is produced, then the timeline will naturally emerge. Hire a local engineering firm with knowledge of the history, geography, and politics. Most important put someone in charge who understands that plans have real deliverables. The question is on the table. I urge you to not adopt the proposed PIanCC2035. I urge you to minimize any additional wasted funds on this or any other strategy which depends on central planning and social engineering. I urge you to responsibly plan for Targe -scale, natural growth which has been demonstrated to be South and West. Doing nothing is preferable to doing damage. Let me be very clear on the issue of downtown and near downtown redevelopment. We have a moral obligation to provide low-cost, safe, clean housing. We have a strategic need to reverse urban blight, decay, and crime. Policies to achieve this goal are within the scope of good government. PIanCC2035 addresses the urban problem with grants, subsidies, large -parcel dislocation /redevelopment. It is likely to fail, experience substantial delay, or be too expensive to apply on a large scale. It also does not address the problem at the heart of the decaying neighborhoods which is the fact that hard-working people who care for their houses are brought down because the house next door to them is falling apart. The solution requires a fix at the granularity of lot -by -lot improvement in the heart of struggling areas. I am not a green -field developer, nor do I have property interest in undeveloped land. I do have substantial investment within older neighborhoods in the City. Further, I do have a solution to the infill problem to revitalize neighborhoods, but the details of my approach are beyond the scope of this letter. In summary, my plan is exceedingly simple -- if you want to have affordable housing, then you must build affordable houses. PIanCC2035 suffers from the conceit of having heavy-handed government at the center of all human interaction. As such, it will equally screw -up greenfield development as well as infill re -development. It is a recipe for graft and gridlock. It ignores market forces. Most important, it is out of step with Texas ethos. I am, Andy Taubman xandytaubmanx@gmail.com Letters Submitted Page 6 -� LSC TEXAS RIOGRANDE LEGAL AID, INC. Austin Office 4920 North IH -35 Austin, Texas 78751 Telephone (512) 374-2700, Fax (512) 447-3940 June 15, 2015 These comments on the Draft Corpus Christi Plan 2035 ["the Plan"] are submitted by Texas RioGrande Legal Aid on behalf of the Citizens Alliance for Fairness and Progress. The Alliance is an organization of citizens created to prevent further injustices against the poor, minority, and disenfranchised individuals and families living in the Hillcrest and Washington - Coles neighborhoods.' These comments address three main critiques of the Plan: 1) the status of the proposed route of the Harbor Bridge, 2) the Special I-37 Transition District and lack of meaningful outreach to Hillcrest residents, and 3) learning from the past and creating buffers between residential and industrial uses generally. First, the Plan prematurely assumes that the new Harbor Bridge will be built along the Red Route. Individuals in Hillcrest and the Alliance filed a civil rights complaint related to the disparate adverse impacts of the proposed route on the Northside neighborhoods and the lack of mitigation for these neighborhoods in the final environmental impact statement, which the Federal Highway Administration's Office of Civil Rights is now investigating. This investigation has delayed the final decision on the route of the bridge and mitigation for the impacted neighborhoods.2 Resolution of these decisions is critical to any future plans for the City as a whole and in particular, the Northside neighborhoods, and thus the Plan must accurately reflect the current status of the bridge and mitigation for the neighborhoods, or should be delayed until a resolution is reached. Second, the Plan slates the Hillcrest neighborhood as a Special I-37 Transition District that will change from residential to light industrial or buffer use without meaningful consultation with the current residents and without any specific strategies or funding sources for how this ' See https://savehillcrestfromharborbridge.wordpress.com/about/ for more information about the Alliance. 2 To view the complaint filed, see https://savehillcrestfromharborbridge.wordpress.com/neighborhood-position/; see also https://savehillcrestfromharborbridge.wordpress.com/2015/04/09/caller-times-feds-investigate-whether-harbor- bridge-proj ect-violate s -neighborhoods -civil-rights/. Letters Submitted Page 7 transition would happen. Despite the unique and dramatic nature of this transition for a residential neighborhood with over 400 households, no one proactively reached out to Hillcrest residents for input on the future of their own neighborhood. Any consideration of a transition this drastic for a residential neighborhood, particularly one with such a unique history, must include meaningful outreach to the affected residents. Furthermore, there are no specific strategies or funding sources in the Plan to ensure any transition would occur in a manner that would respect the history of the neighborhood, offer real choices for its current residents, or provide "fair compensation and assistance to residents in moving."3 For example, the goal related to the transition district in Element 11 — "Transitions from residential enclaves to nonresidential uses have occurred in industrial and aviation special districts"4 — is not a future -looking goal like the other goals in the Plan, but rather a vague, passive statement about the past. This statement also ignores that over 400 households currently live in Hillcrest. The "how" included for achieving the stated goal for the Transition Districts similarly raises more questions than answers: "work to support assistance to tenants in the Special Transition Districts who lose their housing."5 How are tenants losing their housing? Who will provide assistance, and what will it be? What about homeowners, particularly those whose families have lived in the Northside for generations? What about the churches in the neighborhood? Particularly given the unique history of segregation, nearby industrial zoning, and lack of investment over decades in the neighborhood, how can we interpret this forecast for Hillcrest as anything other than a vision that the neighborhood's death will come through continued neglect? Instead, the Plan must meaningfully include residents' input in the vision for the future of the neighborhood and include measurable objectives and implementation strategies to achieve the goals. Third, the City should learn from the history of the Northside neighborhoods and include a buffer zone between all residential and heavy industrial uses throughout Corpus Christi. Moreover, as current industries expand and new industry comes to Corpus, the City must act 3 Draft Plan CC 2035 Element 10.36. 4 Draft Plan CC 2035 Element 11.51. 5 Draft Plan CC 2035 Element 11.51. Letters Submitted Page 8 proactively to ensure they are not harming residential populations, particularly environmental justice neighborhoods that already bear the brunt of the health impacts. As members of the Alliance have stated at several Plan CC 2035 meetings, we urge the City and planners to meet with residents of the Northside and include residents as an integral part of the planning process for the future for the neighborhoods. Thank you. Sincerely, Erin Gaines Attorney at Law Texas RioGrande Legal Aid 4920 N. I-35 Austin, TX 78751 (512) 372-2739 egaines@trla.org Letters Submitted Page 9 Bay Area Smart Growth Initiative is a local community-based group of public, private and citizen interests dedicated to developing and planning for sustainable quality of life in the Corpus Christi area. Members promote the principles of smart growth in the development of public policy and participate in activities and strategies to influence their attainment. BASGI supports Plan CC 2035 as it is currently presented, with one exception. The areas within the Plan of most significance to BASGI are the following: 1. Limiting urban sprawl and future unsustainable expansion by implementing wise land use planning and responsible development; 2. Increasing preservation of ecologically important systems that protect our tourism, recreation, flood prone areas, natural habitats and water quality; 3. Requiring increased hazard mitigation and/or limiting growth in areas with poor drainage and that are flood prone; 4. Supporting revitalization of the older areas of the City, through infill and mixed use development, facilitating urban and neighborhood villages as a way to stabilize and rebuild; 5. Supporting infrastructure improvements downtown, along with legal means to encourage the turnover and/or clearing of substandard vacant buildings; 6. Improvements to the City's failing infrastructure that include incentives to increase density by investing in current infrastructure, and dis-incentives that discourage sprawl; 7. The Plan identifies in its Market study the need for a diversified approach to meeting housing needs based on housing preference and family size, not just homeowners and/or buyers of $200,000+ new homes in southside markets; 8. Fair buyout of Hillcrest residences to be based on light industrial and commercial property worth, with assistance in moving and resettlement costs; 9. Encouraging multiple mobility (transportation) options by planning and designing better connecting streets, sidewalks and pathways for pedestrian, bicycle and public transit, decreasing dependence on individual cars; and 10. Inclusion of the Chapman Ranch annexation in the Plan is not supported, and the annexation should be reversed. Letters Submitted Page 10 Supporting comments on #1 — 10: 1. Limiting sprawl: • Protecting our military installations through annexation of land in the ETJ next to Cabaniss Field, careful zoning of property around Waldron Field to prevent residential encroachment and the proposed buyout of land between NSCC- CCAD and SPID. 3. Hazard mitigation: • Disincentives to develop areas that will certainly be damaged or destroyed in future storm events. This would remove large parts of land shown on North Padre and Mustang Islands as vacant and available for development. Inclusion of much of the identified vacant land as being developable is actually under the jurisdiction of the Coastal Barrier Island Resource Act. Development in those areas is not eligible for federal flood insurance and no state or federal assistance can be used for infrastructure costs. 4. Revitalization/Infill: • City needs to work with financial institutions and insurance companies to create a structure for mixed use financing, liability and casualty coverage • City must set a clear regulatory path and assistance with infrastructure costs • Development of green space and mixed use buffer zones on the west side between residential and industrial/commercial uses. The Agnes -Laredo Corridor has good potential for development of workforce and affordable housing in the blocks behind its commercial frontage. • When the City invests in older areas, it demonstrates to private investors it is a willing partner and committed to revitalization. • New streets can increase infill and revitalization activity with a corresponding increase in tax and utility revenue over infrastructure that will have to be replaced no matter what. • Incentivize affordable and workforce housing in older neighborhoods, as part of mixed use development. 6. Infrastructure: • Improve residential streets and the underlying infrastructure. One of the ways to improve the revenue and value of older neighborhoods is simply fix the Letters Submitted Page 11 residential streets. Home values are 15%-17% higher on well-maintained streets with adequate, curb, gutter and sidewalks. 7. Housing: • Sale of City parks identified as surplus with agreements that adjust cost or infrastructure in return for building the desired types of housing that will stabilize and improve neighborhoods and introduce alternative housing styles such as townhouses, cottage districts, mixed -income rental units. • Local home builders are currently enjoying a very hot market with an over- supply of buyers in the $220,000 plus market, thus very few new homes are being built for the under $200,000 market. The experienced southside home builders are traditional suburb developers, ill-equipped to compete in a more urban building environment, which employs a variety of housing plans, sizes and buyer incomes. Continuing past practices is likely to end with a bust in the high end market while increasing the crisis situation in the lack of affordable and workforce housing. • A potential path to create affordable housing would be to encourage workforce housing development for the thousands of construction workers that will be here in the next 5-7 years in the neighborhoods surrounding the new harbor bridge access. The bridge itself and the new industries on the north shore would make their proximity highly desirable. These properties should be constructed so that they can be converted to affordable and permanent workforce housing. It would also prevent low income renters from being displaced in the interim. As the conversion occurs it would free up more substandard properties for revitalization. • Implement the new buildings standards code. Condemn and demo abandoned and substandard housing, and if recovered through failure to pay the fees, place the property in a land bank for sale to developers with commitments to support the development with required infrastructure development. The City can recover its costs as new development spurs other new developments that pay hookup fees. • The City should support establishing a land trust program which provides affordable housing to lower income families to own the structure, but not the land upon which it sits. • Encourage building housing that fits the market, instead of targeting for the highest return on investment; establish incentives for non-profit builders. 8. Hillcrest: Letters Submitted Page 12 • The new Harbor Bridge has the potential to have a huge influence on improving this area if planned correctly. Rental housing owned by unconcerned and/or absentee landlords threatens these neighborhoods, which can easily descend into blighted and substandard condition • An equitable buy-out of home -owner occupied homes by the Port of Corpus Christi should be overseen by the City, and as individuals transition to other chosen locations. 9. Mobility/transportation: • Parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails should be connected in one system • Acquisition of abandoned railroad right-of-ways for conversion to hike and bike trails. The railway ROW along port extends from Agnes to Whataburger field and the Sea District, going through and past numerous light industrial and commercial districts. The Shoreline bike path returns along the waterfront and commercial downtown district to the railroad ROW extending from Laredo to Kinney and back down to Shoreline. The two railroad ROWs meet at Agnes which is also the identified area for a future Regional Transportation Agency (RTA) transfer station. This would produce off-road pedestrian pleasure and safe bike commutes combined with public transit for people with lower incomes from those neighborhoods to their jobs. Connecting areas that will be further divided by the new harbor bridge will serve multiple purposes. • The RTA should restore and expand the harbor ferry service, explore buying commercial water taxis, to provide service to the north shore industries, Port Aransas, the Naval Air Station, North Padre Island and TAMU-CC. Increasing uptown and downtown trolley service and providing circulator routes in the uptown's adjoining neighborhoods should be addressed. • Limited additional parking is proposed in the downtown area which may not accommodate increased vehicular traffic, however, the Plan proposes an increase in public transportation, bicycle and pedestrian modes of travel, thus decreasing the number of cars going into the downtown areas. RTA has park'n'ride capability which can be expanded. 10. Chapman Ranch: • Landowners in the Chapman Ranch area are not in support of the annexation, and general public comments and market forecasts revealed in the Plan process were not considered when Council approved annexation. Letters Submitted Page 13 • Chapman Ranch annexation should be reversed because of the changes in the Wind Farm plan. APEX (owner) voluntarily withdrew all but 6-8 wind turbines from the extreme southeast corner of the newly City -annexed territory. A second annexation clearly does not have support by the Council. As a result, the City will not receive the expected $22.5 million in revenue to pay for the required infrastructure but instead only an estimated $1.5 million at most. The resulting $19 million drain on the general fund would take away a significant funding opportunity for other infrastructure needs, now expected in the annexed area. Letters Submitted Page 14 7/16/2015 Plan CC Comprehensive Plan 2035 Comments and Changes 1. Pg 10: Under Pursue high-quality development, delete "and establish high quality design standards for private development" 2. Pg 13: Natural Systems - Add bullet point under 1. - "Promote a drainage plan for the New Southside and drain it to a location other than the Oso Creek." 3. Pg 14: Open Space, Parks and Recreation - Remove first bullet point under 9. 4. Pg 17: a. Resilience - Point 1. - what does this mean? b. Point 2. - Delete until specifics are shown c. Resource Efficiency - Add a bullet point under 5. - "...and adopt the Coastal Bend Green Built as the official Green residential program of the City of Corpus Christi." 5. Pg 19: Line 1 under "Housing and Neighborhoods" - Delete "Connected" in the sentence - "High -Quality, safe, connected and diverse..." 6. Pg 20: a. Housing - Add second bullet point to 1. - "Create a "Housing Czar" at City Hall to coordinate all the Housing -Related entities." b. Housing - Bullet point under 5. - Change the wording of the second bullet point to read - "Promote resource -efficiency in all new housing through financial, as well as non-financial incentives, such as permit streamlining." c. Neighborhoods i. Bullet point under 7. - Remove "walkable" ii. Add to third bullet point - "The "Housing Czar" will..." at the beginning of the sentence d. Community Identity and Sense of Place i. Delete the wording in 8. - "rather than creating isolated subdivisions or apartment complexes" ii. Delete first bullet point entirely 7. Pg 23: Goals a. Add to first bullet point of 2. -"Create a system to..." to the beginning of the sentence b. Remove third bullet point under 3. 8. Pg 27: Goals a. Change the wording of the third bullet point under 2. to - "Integrate transportation planning with utility infrastructure and neighborhood development planning." Letters Submitted Page 15 b. Second bullet point under 3. - Change the word "Consider" to "Create" 9. Pg 30: Natural Systems a. Add third bullet point to 6. - "Sell or dispose of under-utilized structures and put underutilized land in a " City -Run Land Bank"" b. Change 7. to read - "Public buildings, facilities and open spaces comply with ADA (Americans with Disabilities Act) standards. 10. Pg 32: Under "From the Principles"; Delete the wording - "and establish high-quality design standards for private development 11. Pg 33: a. Goals - Under 3. remove the wording "and private" from so sentence reads "public developments demonstrate high standards of design." In Lower Part of the Page, in the Box b. Housing and Neighborhoods - Third bullet point - change it to read "Promote the location of multifamily..." c. Efficient Development Patterns i. Remove first two bullet points ii. Remove the following wording from fourth bullet point "combined with minimum lot size in zoning and" d. Environment and Resilience i. Second bullet point change the word "Preserve" to "Promote the preservation of land..." ii. Add, to the end of the second bullet point, the wording "...by providing incentives, both financial and non-financial, to land owners and developers" iii. Third bullet point - change the word "Avoid" to "Promote the avoidance of development..." 12. Pg 36: Residential Uses a. Delete this wording from the first sentence - "three density levels for single-family housing and a separate land use category for multifamily development and for mixed-use development, which can include housing." b. Delete the entire wording of the Single -Family section 13. Pg 38: Under the "Key: Future Land Use Map" - Remove the 3 Single -Family Residential Land Uses 14. Develop historic sites in the City of Corpus Christi such as Artesian Park Letters Submitted Page 16 Carpus Christi Association of REALTORS"' "Empowering Our Members to Succeed" MEMORANDUM After a considerable amount of time and effort, the Corpus Christi Association of REALTORS and the Builders Association of Corpus Christi have reviewed the document labeled Plan CC 2035 in its entirety. As vested partners in our community, we feel that we have a strong obligation to this community as a whole to participate in our local government and its processes. To that end, we offer our comments to our elected officials, appointed commissioners and city staff. We offer these comments in the spirit of cooperation, with the hope that there may be some impact to the eventually adopted plan. Understanding the need to have a comprehensive plan is obvious. Our Associations, in general, have always maintained strategic plans. The plans are reviewed several times per year, and may be modified annually in order to maintain our relevance to our members and our consumers. Within our strategic plans we have clearly identified goals and measurable results. The leadership team is tasked with ensuring that we stay on track for our members, to whom they are accountable. We have taken the liberty of applying these same measures of expected accountability to our city leaders, both elected as well as those who are employed and paid by the citizens of Corpus Christi. Acknowledging that a plan must be in place, and that our city government has already spent $1.6 million dollars to obtain the Plan CC 2035 from a third party consulting firm, then we have made the assumption that this plan in some form will be adopted. Thus, we are not expecting the plan to be shelved entirely. That being said, the bulk of our comments are very specific to points that are identified clearly in the draft. Our comments are made with the hope that consideration will be paid to them and that the city will consider making those changes to those specific areas. Before getting into the specifics, we believe that general and overall changes must be incorporated into this plan. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 17 Page 2 We strongly encourage the planning commission and the city council take our current state of affairs into account before making any further policy changes. Having a plan that is based entirely on a 'what if things were different' scenario is a false premise and cannot result in true change. Everyone would want to live in better circumstances. However, starting with what you have is the reality. No city leader will need to be reminded that our streets are in total disrepair. How can this fundamental element not be identified as a near term goal, along with specific estimated costs, to address this core issue? In effect, the draft ignores one of the most obvious issues facing the city of Corpus Christi. The expectation of the city is out of line with the expectations of the citizens. If street repairs and improvements are not part of the plan for the next 5 years in a clearly identified manner, citing costs, timelines and specific goals, how do you expect the overall plan to be accepted by your citizens? The second area of concern that is not identified is the very expensive and necessary improvements that are looming to our sewer system. There have been rumors that the sewer system will cost `billions of dollars' to meet EPA guidelines and that it will be due in just a couple of years. Where is this identified in the 20 -year comprehensive plan? Where are the cost estimates of taking care of this critical infrastructure? An example of this seems to happen every time we get some heavy rainstorms. It does not take too much time and understanding that the sewers are incapable of handing just a few inches of rain if you are driving your car near the intersections of SPED and Everhart Road, Everhart Road and McArdle or many areas of Alameda Street. The list could go on and on. If asked, virtually every citizen who drives a car can cite an area of town that gets flooded. Do we believe that bicycles and pedestrians can better navigate their way thru 6-8 inches of standing water in bike lanes and sidewalks? Again, this critical area is missing from the plan. Why not add that to the first 5 years of the plan, citing costs, timelines and specific goals? 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 18 Page 3 Another absolutely critical issue facing our city: our current Affordable Housing Crisis! Unless we have missed it entirely, with the exception of concentrating efforts on urban villages and infill lots, what specifically is being planned to tackle this growing issue? There are no definitive references made to improvements to city departments that are facing this issue. Does that plan reference the Corpus Christi Housing Authority as a resource? Does it cite the potential partnering with organizations like the Builders Association and the REALTORS Association to help create neighborhood CDC's that are designed to help specific neighborhoods and the very local issues that they face? It seems most of what is in the plan adds to the cost of housing instead of providing opportunities to create affordable housing by eliminating costly regulations. We would like to specifically reference the assumptions regarding the millennial generation as well. We do not agree with the foundational argument that they are primarily renters and will be candidates for downtown and infill rental housing. The studies are confusing at best. You may reference an article located here: http://www.forbes.com/sites/maggiemcgrath/20 1 5/06/22/millennials-the-money- conscious-generation/ which states that they are very good at saving their money. A second study, conducted by Realtor.com (http://www.realtor.com/news/trends/how-are- millennials-doing-in-this-housing-market/) shows that the millennial generation is going to be responsible for the next wave of homebuyers...not home renters! In accordance with our original positioning statement regarding partnership, we would also like to point out that with Element 8, we compliment the plan in the area regarding the Special Aviation Transition District comments. This, obviously, was a result of understanding our local area conditions for land uses with respect to our specific military installations. The point being made here is that EXISTING issues facing our city have been mostly ignored in this plan. The plan is based on hope and wishful thinking that will lead us no where fast due to critical issues that are imminent to our survival, much less any chance of thriving as a community. Further, that many of the premises that the study and plan are based on are faulty in some areas and fail to address LOCAL issues on many levels. Finally, before getting into some specific language discussions, many of our topics for discussion were the result of reading your first draft. While we understand that you have tried to simplify the document for our reading pleasure, please note that some of our reference points may still refer to the original draft and may not correspond with the 2nd draft that you have provided. Due to time constraints, we rushed this analysis in order to provide written comment to meet your deadlines. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 19 Page 4 Specific Points: Several Plan CC proposals may make development more costly. Plan CC contains several proposals that may make development and housing more costly, including the following: Increased Focus on Tree Preservation and Planting: Goal 6 of Element 2 is to increase shade along major streets and in parks and other public spaces. Although the language of the Goal itself suggests that it is focused on trees in public areas, the policies and action items under this Goal make clear the intent to have developers contribute towards the City's yearly tree planting. It proposes policies that include promoting tree preservation and tree planting on both public and private property. Action items include amending the Unified Development Code (the "UDC") to require planting shade trees in parking lots,9 and having all development approvals require sufficient irrigation to establish trees and replacement of trees that die within three years.10 The policies supporting this goal also suggests that the City will adopt a tree preservation ordinance in the future, although Plan CC does not explicitly describe what such a program might look like in Corpus Christi." Requiring planting and irrigation of trees in parking lots as a condition of development approval will likely increase the cost of developments subject to those conditions above what it would have been absent those conditions, and may also affect the feasible density of such development to the extent that the tree planting occupies space that otherwise could have been used for parking or other development. The action item proposing this requirement asserts that "changes in conventional parking lot design can provide room for more trees without affecting the number of parking spaces," but does not explicitly require that tree planting requirements be implemented in a way that does not reduce a site's development potentia1.12 Tree preservation ordinances sometimes are focused on protecting native trees species, trees with historical significance, and public trees, by requiring a permit to remove trees.13 But many tree preservation ordinances are far more extensive and intrusive on private property rights. 11 Element 4, Goal 6, Policies ("Propose tree preservation and tree planting on public and private property.") 12 Element 4, Goal G, Strategy B, Action 3. 13 International Society of Arboriculture, Tree Ordinance Guidelines, http://www.isa- arbor.com/education/onlineResources/treeOrdinanceGuidelines.aspx, last accessed July 14, 2015. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 20 Page 5 These can take a wide variety of forms, including requiring tree planting as part of overall site landscaping, requiring a detailed pre -development inventory of a site's trees, requiring replacement (at 1:1 or another ratio, and either on- or off-site,) of trees that are removed for development, restricting or preventing the development of existing wooded areas, requiring a permit to cut or remove a tree of a particular species or size, and any number of other variants of regulation. Any requirement to plant or preserve trees can add significantly to development costs. How costly a tree preservation ordinance will be depends upon the details of the ordinance and how it is implemented. Unfortunately, Plan CC raises the potential for using a tree preservation ordinance to accomplish plan goals concerning tree preservation, without providing any sense of what such an ordinance would look like or any assurances that it would not place undue costs and burdens on development. Comment: Trees provide substantial values to the environment, including shading and cooling, storm water management, air filtering, wildlife habitat, and aesthetic value. Studies have shown that trees can add considerably to a property's value.14 That does not mean, however, that tree preservation regulations themselves are beneficial to property values. At an extreme, some can be applied in a manner that makes it impossible or impractical to develop particular properties.15 Ideally, any tree planting and preservation ordinance should be non -prescriptive and flexible enough to allow developers and builders to respond to each unique site and meet other development regulations, while also advancing the environmental and aesthetic benefits trees provide.16 It should avoid costly and time-consuming procedural requirements. Plan CC should be revised to include clear language establishing that when implementing the tree preservation goal the City will be sensitive to development cost and private property rights concerns. 14 NAR, Growth Management Fact Book (4th ed. 2015) (hereinafter "Fact Book") at 125, citing studies from Georgia and California. 15 Id. at 125-126. 16 Id. at 124-125. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 21 Page 6 Plan CC proposes the adoption of a rental registration program and a "crime - free rental housing" program, both of which can place unfair demands on landlords and implicate constitutional and property rights issues for landlords and tenants. Goal 4 of the Housing and Neighborhoods Element states that "All housing is in good condition and is code -compliant." Two of the action items under the Goal 4's strategies are to establish a registration and inspection system for rental properties and to adopt a crime free rental housing program based on a national or local mode1.38 Rental registration ordinances typically require landlords to register properties with the local jurisdiction and sometimes require the landlord to obtain a license to lease the property, submit to periodic inspections, and pay a fee to cover the jurisdiction's administrative and inspection costs.39 The process allows the jurisdiction to hold landlords accountable for code violations and also allows the jurisdiction to ensure that rental units meet health and safety codes.40 It also allows the jurisdiction to be pro -active about maintaining housing and neighborhoods in ood condition instead of merely responding to complaints from tenants or neighbors.4 Crime free rental housing programs have several common features, including some or all of the following: licensing of landlords, requiring installation of certain safety features, participation in training, use of a "crime -free" lease addendum that specifies certain conduct (whether engaged in by tenant, guests, or others) that will be a basis for eviction, requiring eviction of a tenant if prohibited conduct is discovered or a certain number of calls from or about the tenant are received by the police, and consequences (including potential fines or revocation of rental license) for violations of the ordinance.42 Some jurisdictions have adopted completely voluntary programs, some are mandatory, and others take a hybrid form in which the program becomes mandatory in certain property types (i.e. multi -family housing) or after a property has been the site of a certain number or type of criminal incidents 43 38 Element 6, Goal 4, Strategy A, Action 2; Element 6, Goal 4, Strategy B, Action 1. 39 Fact Book at 150. 40 Id 41 Id. at 152. 42 Emily Werth, the Cost of Being "Crime Free": Legal and Practical Consequences of Crime Free Rental Housing and Nuisance Property Ordinances, Sargent Shriver National Center on Poverty Law (Aug. 2013) at 2- 4, available athttp://povertylaw.org/sites/default/files/files/housing justice/cost-of-being-crime- free.pdf, last accessed July 8, 2015. 43 See e.g., San Bernadino, California, Crime Free Multi -Housing Program, https://www.ci.san- bernardino.ca.us/cityhall/community development/code/crime free multi family housing_program/de fault.asp; Sunnyside, Washington, Municipal Code, Section 5.02.040, http://www. codepublishing.com/wa/sunnyside/html/Sunny side05/Sunny side0502.html#5.02.040. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 22 Page 7 These two action steps potentially raise several issues of concern for our Associations: First, Plan CC does not discuss code enforcement, poor housing or neighborhood conditions, or criminal activity in rental housing as particular challenges that the City faces and needs to address. Other than the fact that many other cities have these types of ordinances, Plan CC does not point to any existing conditions within the City that make these action steps necessary to maintaining or achieving the goals of housing that is in good condition and code compliant. Second, these programs create additional burdens for landlords which may reduce the availability of rental housing stock and decrease affordability 45 Not only will landlords have to pay registration fees but the costs of property maintenance and supervision will also likely increase. In a city, like Corpus Christi, with significant housing affordability concerns, initiatives that increase the cost of and decrease the supply of rental housing should be undertaken only after determining that they are necessary in that city, not just because they are approaches used elsewhere. Third, these types of programs may infringe on the rights of landlords and their tenants. Such programs implicate the protections against unreasonable search and seizure under the Fourth Amendment to the United States Constitution. Even civil inspections are subject to Fourth Amendment protections, and require a warrant, owner or tenant consent, or an imminent health or safety threat.46 In many instances, property owners in jurisdictions that have rental licensing programs are forced to choose between consenting to a search program (by registering and/or obtaining a license to operate as a rental) or not being permitted to legally rent their property. These programs also infringe on the property rights of landowners. Property rights are often described as a "bundle of sticks" in which each stick is a particular right associated with property ownership: e.g. the right of possession, the right to exclude others from the land, the right to dispose of the land either permanently by selling or temporarily by leasing.47 Although some regulations that restrict property rights are expected and accepted (e.g. environmental laws, zoning), the right to lease property is not one of the "sticks" that has traditionally been restricted. 44 See Element 3 and Element 6. 45 See Fact Book at 155. 46 Camara v. Municipal Court of City & CO;. of San Francisco, 387 U.S. 523 (1967). 47 See Denise R. Johnson, Reflections on the Bundle of Rights, 32 Vt. L. Rev. 247 (2007). 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 23 Page 8 Furthermore, the crime -free programs attempt to shift policing duties to landlords. While residents of owner -occupied homes are free to use city services without fear of repercussion, landlords and tenants are subjected to an alternate policing system where there are significant repercussions for utilizing basic city services. This places an unfair cost on landlords (as well as putting landlords in potentially dangerous situations in order to preserve the right to lease their property). It also can have disastrous consequences for tenants who may forego reporting crimes against them for fear of losing their housing.48 The proposed transition of certain areas from residential to non-residential uses to increase compatibility with nearby military, industrial and aviation uses raises potential concerns. Military Compatibility Area Overlay District Goal 4 of the Land Use Element calls for regulations to protect military and civilian airport uses. One action step proposed is to create a Military Compatibility Area Overlay District (the "MCA"), as recommended by a Joint Land Use Study conducted by the City and the Department of Defense in 2013 to identify certain land uses that are incompatible with the naval air station operations (the "JLUS").53 It recommended the adoption of a Military Sustainability Master Plan Element in the comprehensive plan and recommended establishing the MCA, over the areas shown on Figure 2 of the JLUS, to restrict land uses that are incompatible with various aspects of operations.54 The MCA would permit those land uses that are generally considered compatible with the military airfields and the Corpus Christi International Airport — light industrial, commercial, agricultural, parks, and low-density residential — but would not permit other uses. The MCA would also regulate density and height of structures in order to improve compatibility with the airfield. 48 For further discussion see Werth, supra n.42. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5° Element 11, Goal 4, Strategy A. 51 72 Tex. Jur. 3d Urban Renewal § 1 (2015). 52 David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). 53 Element 10, Goal 4, Strategy A, Action 2; NAS Corpus Christi: Joint Land Use Study ("JLUS"), at 42, Table 2, available athttp://www.ccjlus.com/images/documents/NASCC%20JLUS%20Final sm.pdf, last accessed July 9, 2015. 54 JLUS, supra n.53 at 27, Figure 2. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 24 Page 9 Transition Special Districts for Aviation and Industrial Areas The Future Land Use Element calls for "transitions from residential enclaves to nonresidential uses ... in industrial and aviation special districts." The Future Land Use Map identifies two areas Transition Aviation Special District and Transition Special District as areas where residential uses, deemed incompatible with industrial and aviation uses, are to be "transitioned" to nonresidential uses. The "Transition Aviation Special District" is located south of the Corpus Christi Naval Air Station on Flour Bluff 55 The "Transition Special District," also described as the "Special I-37 Transition District"56 is designated as the area north of Interstate 37 and west of the Harbor Bridge.57 This area is adjacent to oil refinery operations and other industrial uses.58 Concerns about MCA and Transition Districts These proposed changes could have a significant impact on property values within those areas. This is due to the limited uses that would be permitted in those areas and, within the Transition Districts in particular, the explicit goal of "transitioning" existing residential uses elsewhere. With respect to the intended uses in the MCA, Plan CC notes that there is little demand for additional office space59 and has not raised a lack of available industrial sites as an issue. Insufficient demand for the permitted uses may significantly depress the values of properties that are suitable for other uses but rezoned into the MCA. Landowners whose property is already developed with a use or structure that becomes nonconforming as a result of being placed in the MCA or one of the Transition Districts could find it extremely difficult to recoup the value invested in the property, assuming that there is likely to be low demand for allowed uses and significantly reduced value for nonconforming uses. 55 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 56 See Element 10, Goal 1, Strategy B, Action 1. 57 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 5s Id. 59 Element 6 at 6.9. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 25 Page 10 Transitioning these areas away from residential use is intended to promote economic opportunities in the City by removing incompatible uses. Plan CC notes that residents in the proposed Transition Aviation Special District and in the Special I-37 Transition District are largely low-income tenants and owners and recognizes that a fair process is needed for this transition to happen. It suggests providing incentives to residents60 and financial support from private organizations to residents.61 It is unclear how practical these suggestions are and whether sufficiently attractive incentives could be created to encourage large numbers of residents to move to other areas of the City. As a good source of knowledge and experience concerning the commercial and residential real estate markets, the Association should request to be part of any working group organized to further these goals. Even if the City succeeds in efforts to transition these areas away from residential use, Plan CC does not identify how "hold -outs" will be addressed. For example, does the City contemplate using a redevelopment authority to declare hold-out areas as blighted and use eminent domain to displace property owners and residents so their property can be taken and assembled into parcels for transfer to a new private owner? The Association should note its concern over the potential that the City will try to use eminent domain to achieve this the transition using eminent domain powers if the proposed action items are not successful in accomplishing a full transition. Automatically restricting in newly annexed parts of the City may unnecessarily restrict the development of the Annexation Areas. Element 8 calls for "orderly growth in the southern [extra -territorial jurisdiction]." The City's authority to regulate growth in the extra -territorial jurisdiction ("ETJ")62 is limited to its subdivision regulations; it cannot zone in this area.63 To achieve this goal the plan proposes to amend the UDC to create a "Rural Enterprise" zone with a maximum density of one dwelling unit per twenty acres and a certain number of uses permitted by special permit; require newly annexed areas to be automatically zoned as Rural Enterprise; not permit rezoning from Rural Enterprise until water and wastewater services are provided; and not permit water lines to be extended to an area unless there is a commitment to bring wastewater lines within three years.64 The areas proposed to be annexed by 2020 are shown as A and B on Exhibit 10.14 (the "Annexation Areas") and are located in the southern ETJ.65 61 Element 10, Goal 5, Strategy A. 62 The ETJ is the unincorporated area within five miles of the city limits. Texas Loc. Gov't Code § 42.021. 63 Element 10, C. Challenges, 4, at 10.14. See Corpus Christi, Unified Development Ordinance, § 3.8.1. It may also be possible for the City to require building permits and enforce its other construction related ordinances. See Terrence S. Welch et al., Municipal Regulation of the ETJ, Brown & Hofmeister, LLP, available at http://www.bhlaw.net/8%20MUNICIPAL%20REGULATION%20ETJ%20- %2000G%20Basics%20of%20Planning%20and%20Zoning%20-%20April%202005%20Edition.pdf, last accessed July 10, 2015. 64 Element 10, Goal 6, Strategy A. 65 Element 10, Goal 6, Strategy B. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TExAs78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 26 Page 11 Annexing these two areas is a short-term goal to be completed by 2020.66 Until that happens, any problems associated with a lack of zoning will continue to exist and could be compounded by additional development. In the discussion of land use challenges, Plan CC identifies issues with proper soil conditions for septic systems and the high demand for large single-family homes (due to good schools and lower land costs) which have the potential for "chaotic" development patterns which "can make providing services and infrastructure more costly than necessary" if the area is annexed.67 Through the City's subdivision regulations and its building regulations, however, it appears that the City should be able to require proper septic system design, proper road design and construction, sufficient access to properties for emergency services, and proper utility service be provided to all new development in the ETJ, even prior to annexation. Automatically zoning all parcels in newly annexed areas as Rural Enterprise may unnecessarily restrict future development. Although the authors of Plan CCxrovided an analysis of available land for development for land within the City limits, it has not provided a similar analysis for the development potential of the Annexation Areas at the proposed density. Therefore, it is unknown how much development can be accommodated at the Rural Enterprise density of 1 unit per 20 acres. Also, the plan does not detail what other zoning requirements may be imposed which could make existing legally created parcels and development nonconforming. The provisions requiring water service plus a commitment to bring waste water service before an area can be rezoned out of Rural Enterprise to allow denser development may effectively preclude such rezoning from taking place. Water and wastewater services are not typically extended unless there is sufficient density to justify and offset the cost of the extension. Under the low density Rural Enterprise zoning, the thresholds at which extending service makes sense may not be reached, which means these areas will not be able to satisfy the preconditions to be eligible for rezoning to accommodate additional density. The Annexation Areas are proposed for annexation precisely because they are areas already developing as residential enclaves. Plan CC includes as one of its land use principles, "locate new residential developments adjacent to and connected to existing development."69 The density restrictions proposed by Plan CC for the Annexation Areas appear to be contrary to this principle. The Plan CC proposal to zone annexed areas at the low Rural Enterprise density would also apparently apply to any other areas identified for future annexation. Over time, this policy may significantly reduce the potential growth and development of the City. 66 See Element 11, Implementation Matrix for Element 10, Goal 6. 67 Element 10, C. Challenges, 4, at 10.14. 68 Element 10, at 10.8. 69 Element 10 at 10.31. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 27 Page 12 In particular, Goal 3 on page 33 should probably be stricken entirely. It mentions both Public and Private developments and the policy will be to `adopt design standards and guidelines that result in high-quality built environments.' At a minimum, the word PRIVATE must be removed, as the city should not be telling private homebuilders what standards and guidelines should be employed. The "mode choice corridors" that Plan CC recommends for evaluating potential impacts on adjacent road networks and neighborhoods should be established before any "mode choice corridors" are undertaken. To further the goal of an efficient and safe transportation network (Element 6), Plan CC calls for "mode choice corridors" to be established to evaluate any impacts on adjacent road networks or neighborhoods. The road -diet concept was previously introduced in the Mobility CC plan. Mobility CC is the transportation element of the current comprehensive plan. Plan CC calls for certain parts of Mobility CC to be revised or reconsidered but it appears that Mobility CC will continue to be implemented alongside the other goals and actions proposed in Element 8.70 A so-called "mode choice corridor" is the redesign of a roadway (typically a four lane road) in which a travel lane is removed and the space is dedicated to other uses, such as a two-way left turn lane, bicycle lanes, pedestrian islands, transit, or parking.71 The purpose of reconfiguring the lanes is to increase safety for all roadway users, not to restrict capacity for vehicles in favor of other modes of transportation.72 Mobility CC previously identified several corridors as subjects for a "mode choice corridor." Plan CC calls for a review of this list, identification of other potential corridors that should be considered for a road -diet (in conjunction with the proposed creation of Urban and Neighborhood Villages), and proposes a quantitative analysis for determining impacts to capacity on adjacent networks and neighborhoods.73 While the concept of a "mode choice corridor" is not necessarily objectionable by itself, the City should be sure that no adverse traffic impacts are caused by their implementation. To the extent that applying a "mode choice corridors" to a particular corridor leads to changed traffic patterns and increased congestion on alternate routes, it can have potential impacts on development potential and costs. Based on the recommendations in Plan CC, it appears that Mobility CC did not adequately evaluate impacts to adjacent neighborhoods and road networks. 70 Mobility CC can be found on the City's website at http://www.cctexas.com/Assets/Departments/PlanningEnvironmentalServices/Files/MobilityCC.pdf, last accessed July 13, 2015. 71 FHWA Safety Program, Mode choice corridors Informational Guide, U.S. Dept. of Transportation, ReportNo. FHWA-SA-14- 028, Nov. 2014, available at http://safety.fhwa.dot.gov/road_diets/info_guide/rdig.pdf, last accessed July 13, 2015. 72 Id. 4825 EVERHART, S31-le+wt3 C 11i Y1 1 1 1b (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 28 Page 13 If implemented, Plan CC's recommendation to develop and apply "mode choice corridors criteria" should serve to increase the safety of the transportation network by implementing "mode choice corridors" design, while also ensuring that the capacity of the corridors remains sufficient for existing and future vehicle trips made along the corridor and that there are no unintended consequences to adjacent areas. Realtors should insist that the "mode choice corridors" program not move forward unless and until such criteria are developed and applied to evaluate the potential negative effects of imposing a "mode choice corridors" on a given corridor. Incentives provided to facilitate preferred development are more desirable than mandates, but should be designed not to disadvantage other types of development. Element 4, page 20, Goal 2. Plan CC recognizes that the desired types and locations of development may not be realized entirely through market forces alone. It suggests the use of incentives to overcome barriers to certain types and locations of development. For example, to support Goal 2 of the Housing Element ("Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle."), Plan CC proposes that the City assist in land assembly for affordable housing, that the City engage in public-private partnerships by contributing infrastructure or streamlined zoning review for developments that meet housing goals, and that the City create a Neighborhood Empowerment Zone to provide tax abatements for construction of workforce housing.74 To promote Goal 5 of the Housing Element ("New and redeveloped housing is resource -efficient.") the plan calls for providing a per-unit discount for building permits for resource -efficient housing. In some places Plan CC suggests that incentives be identified in the future. Incentives can reduce development costs which can benefit developers through cost savings, residents through lower housing prices, and the community by providing the desired type and location of development. From the perspective of property owners and developers, incentives that make desired development types attractive and more profitable are a better approach than mandates used to require that development include certain amenities or characteristics. Ideally, incentives to develop in a particular way should not penalize or divert resources from permissible development. For example, Plan CC calls for supporting resource efficient housing by providing incentives such as permit streamlining To the extent that permit streamlining for favored development means that local resources must be diverted from traditional permitting requests, the result may be that the streamlined process for the incentivized development causes delays for other development. In this case, waiver of permit requirements rather than fast -tracking the process may provide the desired incentive to the preferred form of development without increasing the burden on other forms of development. 74 Element 6, Goal 2, Strategy E, Actions 1, 2, and 3. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 29 Page 14 The Associations will support the use of properly designed incentives, rather than mandatory requirements, to promote the type and location of development identified in the plan. Plan CC does not appear to satisfy all of the requirements of the City Charter. Article V of the Corpus Christi City Charter requires the City to establish comprehensive planning in order to "guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city."75 To meet this requirement, the city council is required to adopt a comprehensive plan as the general plan.76 The comprehensive plan is required to have: (1) A future land -use element (2) An annexation element; (3) A transportation element; (4) An economic development element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the [objectives of Article V of the City Charter]." Plan CC would replace the assortment of plans currently in place in the City. Element 9, Goal 1 acknowledges the City Charter requirements, specifically noting the required plan elements.78 Nonetheless, Plan CC appears to omit required elements. Plan CC does not contain an Annexation element, even though annexation is discussed in other plan elements. For example, Goal 6 of the Future Land Use Element addresses anticipated development in the Annexation Areas and Exhibit 10.14 shows the locations of two planned annexation areas (and one designated for an industrial agreement instead of annexation).79 While these and other discussions in Plan CC address the topic in certain respects, the City Charter clearly calls for a separate annexation element.80 78 City of Corpus Christi City Charter, Article V, Section 1. 76 Id. at Section 4. 77 Id. 78 Element 11, Goal 1 at 11.5. 7° Element 10 at 10.51-10.53. 8° The City has an Annexation Plan, adopted in December 1999 (see City of Corpus Christi, Resolution Adopting the Annexation Plan Required by Section 43.052, Local Government Code, available at http://www.cctexas.com/ Assets/Departments/PlanningEnvironmentalServices/Files/Adopted%20City%20Annexation%20Plan.pdf, last accessed July 8, 2015) as required by Texas statute (see Texas Loc. Gov't Code § 43.052 (requiring the adoption of an annexation plan in order to annex properties but excepting certain annexations from these procedural requirements)), which states that the City has no plans to annex any areas subject to the statutory requirements. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 30 Page 15 Similarly, the public facilities element of Plan CC does not contain a capital improvement program or discuss plans for developing a capital improvement program. A Capital Improvements Plan or Program ("CIP") is used to assess capital facility needs against the plans goals and policies on a shorter planning horizon, typically five years.$' It is an important tool for the implementation of a comprehensive plan because it identifies, prioritizes and assigns funding to planned capital proj ects.82 Rather than ensuring that it conforms to the requirements of the City Charter, the first proposed action step under the strategy for adopting the new long-range plan is to amend the City Charter and existing ordinances to align them with Plan CC.83 Plan CC does not explain why the City Charter should be amended to exclude the missing annexation and capital improvement program elements from the City's comprehensive planning requirements. The annexation element and CIP are important planning tools, and Plan CC also does not explain how the City intends to address these subjects adequately outside of the comprehensive plan process. 81 Vicki Elmer, Capital Improvement Plans and Budgets, Lincoln Institute of Land Policy, at 4, available at https://www.lincolninst.edu/subcenters/teaching-fiscal-dimensions-of- planning/materials/elmer-CIP.pdf, last accessed July 8, 2015. 82 University of Wisconsin Stevens Point, Center for Land Use Education, Planning Implementation Tools: Capital Improvement Plan, Sept. 2008, available at https://www.uwsp.edu/cnr- ap/clue/Documents/PlanImplementation/Capital Improvement Plan.pdf, last accessed July 8, 2015. 83 Element 11, Goal 1, Strategy A, Action 1. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 31 Page 16 Although not in the ed Draft of Plan CC, there was a proposal for the creation of a redevelopment agency that could be given eminent domain power, infringing on private property rights. Plan CC calls for the City to consider creating a development agency "in designated areas of the city where redevelopment is desired, such as the Urban and Neighborhood Village locations."49 This action step further states: Corpus Christi does not have a redevelopment agency that can act to accelerate redevelopment in desired locations by making and implementing plans that require land assembly and improvements in order to attract and leverage private investment...One approach would be to use Texas Local Government Code Chapter 374 [The Texas Urban Renewal Law]."50 The Texas Urban Renewal Law authorizes a municipality to remove slum and blighted conditions through eminent domain.51 Although the Texas statute provides some limitations on the use of eminent domain to take properties that are not blighted, overall, it appears to permit the City to take property for redevelopment by a private entity.52 The possibility that Corpus Christi will create a redevelopment agency under the Urban Renewal Law raises significant property rights concerns. While it is important that the City have the necessary tools to implement Plan CC, those tools should not be used to eliminate private property rights. A redevelopment agency could certainly be a valuable tool for promoting redevelopment of the downtown area and promoting the development of Urban and Neighborhood Villages. However, that agency should focus on acquiring and assembling property through other means and on providing guidance and assistance (in the form of public-private partnerships) to facilitate desired development. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5° Element 11, Goal 4, Strategy A. 51 72 Tex. Jur. 3d Urban Renewal § 1 (2015). 5z David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 32 Page 17 The implementation of Plan CC relies heavily on the reinstatement and expansion of the City's Planning Department, which may not be feasible. Goal 5, Element 9 states that "a new Planning Department is in place" and that it will be given "a proactive role in coordinating initiatives to implement comprehensive and other plans."84 Plan CC calls for the staff of the reinstated Planning Department to include a planning director, a land use planner, an urban designer, a housing planner, a transportation planner, a neighborhood/district planner and a long—range planner.85 The implementation element lists this as a short-term goal, to be achieved between 2015 and 2020.86 The City currently has a Development Services Department that provides support to the Planning Commission and to the public for permitting and regulatory activities.87 The City used to have a Planning Department that was part of the Development Services Department. The Planning Department was separated from the Development Services Department in order to focus on completing this comprehensive plan update, and then was eliminated in late 2013 or early 2014 when the planning function was privatized.88 Given the recent elimination of the department, Plan CC's goal of reinstating the City's Planning Department and hiring dedicated staff with significant expertise in various aspects of community planning may be too ambitious. The City may find it difficult to attract (and pay for) a new staff of at least seven professionals with the necessary skill sets, particularly in light of the City's fluctuating treatment of that department in recent years. It may also be politically difficult to reinstate a department that was recently eliminated in favor of outsourcing these planning duties to private consultants. The possibility that the Planning Department will not be re- established quickly or easily poses a significant potential problem for the implementation of Plan CC, because so many of the action steps are delegated to the new planning department.89 If the planning department is not reinstated as proposed, it is not clear whether other City departments or private consultants may be able to undertake the proposed actions. 84 Element 11, Goal 3 and Policy. 85 Element 11, Goal 3, Strategy B, Action 2. 86 Element 11, Implementation Matrix. 87 See generally City of Corpus Christi, Development Services website at http://www.cctexas.com/government/development-services/index, last accessed July 14, 2015. 88 See Element 11, Goal 3; see also Matt Dietrichson, Corpus Christi may outsource more of planning department, Houston Tomorrow (Aug. 30, 2013), available at http://www.houstontomorrow.org/livability/story/corpus-christi- may -outsource -most -of -planning - department/, last accessed July 8, 2015. 89 See Element 11, Implementation Matrix. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • FAX (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 33 Page 18 Poorly Drafted Goals Comprehensive plan "goals" should be drafted as general statements of desired future conditions. Some of Plan CC's goals are written more as action steps than as goals. For example, Goal 1 of Element 6, states "Corpus Christi has a comprehensive housing policy to guide development of quality neighborhoods." This states that the City's goal is to develop a policy. It is more likely that the intended goal is for Corpus Christi to develop quality neighborhoods, and that an action step towards that goal is for the City to develop a comprehensive housing policy. Similarly, Goal 6 of Element 6, states, "Corpus Christi supports and maintains established neighborhoods." Presumably the City's goal is that its established neighborhoods offer quality living environments for residents. As one strategy for achieving that goal, the City will "support and maintain" those neighborhoods.90 The City should revise and clarify these and other goal statements so that they actually state goals. 4825 EVERHART, STE.1 • CORPUS CHRISTI, TEXAS 78411 • PHONE (361) 991-8221 • Fax (361) 991-3471 • http://www.ccaronline.com Letters Submitted Page 34 deecorp DEECORP PROPERTIES LTD Suite 201, 388 West 8th Avenue Vancouver, British Columbia Canada, V5Y 3X2 Bus. (604) 683-0002 Fax (604)683-8511 www.deecorp.ca info@deecorp.ca Ms. Arlene Medrano: RE: Tufts Cove Property under the Comprehensive Development Plan Dear Ms. Medrano: We represent the ownership of Tufts Cove a 400 acre property on Mustang Island. Corpus Christi's new Comprehensive Development Plan has designated our property under the most recent suggestions to be designated at "Public Open Space". This is completely unacceptable to the Tufts Cove for numerous reasons. Tufts Cove acquired this magnificent property in 1986 and is now finally ripe for development. Tuft's has spent over $300,000 in planning and engineering over the last few years working with the US Army Corps of Engineers toward a concept development plan and grading permit. Mustang Island is a beautiful place which is attracting a great deal of attention with the declining availability of serene beach space around the southern US. That coupled with the increasing wealth resulting from oil and gas production in south Texas is now creating high demand for resort property around Mustang Island. Tuft's Cove has been preparing for this economic opportunity for some time. This will have a significant positive impact on Corpus Christi. Thousands of jobs will be created due to development on the island. Many more service sector jobs will be created to serve the discretionary spending from those home owners. This has been our vision for Mustang Island and particularly with the Tufts Cove property which comprises the Wilson Cut. Attached is a preliminary concept plan illustrating what Tufts is planning to develop. We intend to create a very special environment conducive to elevated living, unlike anything developed on the island thus far. It will attract affluent families that will spend money in and around the Corpus Christi area as well as other people of various socioeconomic backgrounds. We are confident that after careful consideration, the City will chose to work with us to develop the property to its glorious potential —a project the City can be very proud of. A project, which is the result of numerous discussions with the City staff over several decades. DEECORP PROPERTIES LTD. Asset manager for Tufts Cove Investment Corp. Letters Submitted Page 35 I WETLANDS 1 - - - - - - - - — - - - - - Awfulinef 4€ 49 11 111 tlIlIliuilil ITITITTTTT 4 WETLAND; — .111w !mime' E =LAW PHASE ONE LAND USE - SINGLE FAMIL 1.490 LOCKED 5040.-100' QUANMY (EACH) AREA (ACRES) 5040.-100' STREET R.O.W.-LANDSCAPE STRIP MR= *Note: Multi—family density varies from 10 to 22 units per acre. Assumed density 0 16 units per acre. PHASE TWO LAND USE - SINGLE FAMILY LAND LOCKED WATER FRONT QUANTITY (EACH) AREA (ACRES) 24 3.62 SUB -TOTALS: 24 3.62 1,990 USE - MUL11FAMILY SITE 5 76* 4.8 SUB -TOTALS: 76* 4,5 MARINA MIXED USE 15.3 CHANNELS ALL DEPTHS 17.70 WETLANDS 37.58 STREET R.O.W.-LANDSCAPE STRIP 9.75 TOTALS: 100* 68.75 PHASE UNE PHASE THREE LAND USE - SINGLE FAMILY 9.990 LOCKED WATER FRONT QUANTITY (EACH) AREA (ACRES) 505120' MIN. 50.x90.-101). 505120' MIN. 65'000' MIN. 5040.-100' SUB -TOTALS: 88 4 22 46 218 37B 17.95 1.D 4.8 5.5 28.38 55.63 LAND USE - MULTIFAMILY SITE 6 38* 2.4 SITE 7 81* 5.1 SITE 5 61* 3.8 SUB -TOTALS: Teo* 11.3 CHANNELS ALI. DEPTHS 58.24 WETLANDS 9.86 STREET R.O.W.-LANDSPAPE STRIP 32.74 TOTALS: 558* 187.77 TUFT'S COVE DEVELOPMENT PLAN LAYOUT "A" IsuRBANT ENGINEERING ss...71M. CORPUS CHRIST. TOPS j alemorgirw-tor** roo*Nruirl-ooH Job No. 41653.00.00 JLU/orr MAY 20, 2009 LettersSubmitted Page 36 =C Corpus Christi ., Association of REALTORS® 1 "Empowering Our Members to Succeed" MEMORANDUM After a considerable amount of time and effort, the Corpus Christi Association of REALTORS and the Builders Association of Corpus Christi have reviewed the document labeled Plan CC 2035 in its entirety. As vested partners in our community, we feel that we have a strong obligation to this community as a whole to participate in our local government and its processes. To that end, we offer our comments to our elected officials, appointed commissioners and city staff. We offer these comments in the spirit of cooperation, with the hope that there may be some impact to the eventually adopted plan. Understanding the need to have a comprehensive plan is obvious. Our Associations, in general, have always maintained strategic plans. The plans are reviewed several times per year, and may be modified annually in order to maintain our relevance to our members and our consumers. Within our strategic plans we have clearly identified goals and measurable results. The leadership team is tasked with ensuring that we stay on track for our members, to whom they are accountable. We have taken the liberty of applying these same measures of expected accountability to our city leaders, both elected as well as those who are employed and paid by the citizens of Corpus Christi. Acknowledging that a plan must be in place, and that our city government has already spent $1.6 million dollars to obtain the Plan CC 2035 from a third party consulting firm, then we have made the assumption that this plan in some form will be adopted. Thus, we are not expecting the plan to be shelved entirely. That being said, the bulk of our comments are very specific to points that are identified clearly in the draft. Our comments are made with the hope that consideration will be paid to them and that the city will consider making those changes to those specific areas. Before getting into the specifics, we believe that general and overall changes must be incorporated into this plan. Additional Letters Page 1 of 26 We strongly encourage the planning commission and the city council take our current state of affairs into account before making any further policy changes. Having a plan that is based entirely on a 'what if things were different' scenario is a false premise and cannot result in true change. Everyone would want to live in better circumstances. However, starting with what you have is the reality. We would respectively request that the following measures be taken to increase the potential success of this plan: Add specific and measurable goals for each section Make the goals time specific and incremental, so that the citizens will see the measured progress Attach current and projected financial implications for each of the goals The citizens of Corpus Christi have already identified certain areas of concern. While these items are mentioned or identified within the plan, here are some particular areas of focus that we would encourage you to identify and pursue: Street Repair and maintenance Infrastructure: Water and sewer systems Infrastructure: Waste, landfill and litter Affordable and Workforce Housing We are convinced that by working together with a strong private/public partnership, progress and real change can be made. We look forward to working with our elected officials and our City staff. Please see the specific references speaking directly to the plan on the following pages. Additional Letters Page 2 of 26 BACKGROUND COMPREHENSIVE PLANNING IN CORPUS CHRISTI The Corpus Christi City Charter requires the adoption of a comprehensive plan containing a future land -use element, an annexation element, a transportation element, an economic development element, a public services and facilities element (including a capital improvement program), a conservation and environmental resources element, and any other element that the City Council deems necessary or desirable.2 The City currently maintains a comprehensive plan based on a set of policy statements first adopted in 1987 and a series of area development and master service plans.3 These plans have been updated since their adoption, but this has not been done uniformly and many are outdated.4 ORGANIZATION OF PLAN CC The First Draft is broken down into the following eleven plan elements: Element 1: Corpus Christi's Vision for 2025. This element sets forth a vision of the City in 2035 and the guiding principles that will be relied on to achieve this vision. The vision statement summary is: In 2035...Corpus Christi is a thriving community with a strong, diversified economy, a high quality of life for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. The vision statement then more specifically describes the future economy, city services, neighborhoods and housing, and the environment. 2 City Charter, City of Corpus Christi, Texas, Article V, Section 4, available at http://www.cctexas.com/government/city-secretary/city-charter/index, last accessed July 6, 2015. 3 Corpus Christi Policy Statements, An Element of the Comprehensive Plan, at 5-7, available at http://www.cctexas.com/Assets/Departments/PlanningEnvironmentalServices/Files/CCPolicyStatements.pdf, last accessed July 6, 2015. 4 Element 11, Goal 1, Strategy A, at 11.5; Matt Dietrichson, Corpus Christi may outsource more of planning department, Houston Tomorrow (Aug. 30, 2013), available at http://www.houstontomorrow.org/livability/story/corpus-christi-may-outsource-most-of-planning-depaitnuent/, last accessed July 8, 2015. Additional Letters Page 3 of 26 Element 2: Public Engagement. This element describes the community engagement process used to solicit input from the public, including the development of a Citizens Advisory Committee to make suggestions for encouraging public participation and discussion; topic - specific working groups; media and community outreach; interviews with individuals in the public and private sectors; seven district meetings across the City in June 2014 to discuss issues and ideas; and a citywide Visioning Forum held on June 28, 2014. Element 3: Understanding Corpus Christi Today. This element provides a brief history of the City and describes current demographics, the economy, the transportation system, housing, and the environment of the City. This element also briefly details the history of the City's comprehensive planning process. Element 4: Green and Blue: Natural Systems, Parks & Recreation. This element sets goals for maintaining and enhancing the City's natural systems and promoting open space, parks, and recreational opportunities for residents. Element 5: Resilience and Resource Efficiency. This element sets goals for combating the effects of climate change, including sea level rise, extreme storms, and heat. It also suggests strategies for resource efficiency such as implementing green building techniques and renewable energy sources. Element 6: Housing and Neighborhoods. This element describes the current makeup of the housing market in Corpus Christi, the need for affordable housing, and the advantages and disadvantages of historic development patterns. It then sets forth the goals for housing and neighborhoods for 2035 and the Policies, Strategies, and Actions that will be used to meet those goals. Element 7: Diversifying the Economy and Strengthening the Workforce. This element focuses on the desired growth in certain economic sectors and for developing a marketable and successful workforce. Element 8: Getting from Here to There: Transportation and Mobility. This element addresses the City's goals for transportation, including improved road networks, increased multi- modal access, and a more efficient public transportation system. Element 9: Community Infrastructure Facilities and Services. This element sets forth the strategies for improving water supply, wastewater and solid waste disposal, and storm water management. Element 10: Future Land Use, Zoning, and Urban Design. This element is "the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future."5 It describes the existing pattern of land use and the locations where there is significant development potential, and states a desire for better urban design and for "village" type locations. It establishes the City-wide 5 Element 10, Summary. Additional Letters Page 4 of 26 Future Land Use Map (which is broken down by planning districts) showing the planned use of each part of the City. It also introduces a Strategic Policy Priorities Map, depicting certain goals from other elements of Plan CC, such as trail development and the locations of neighborhood villages. It states that future development must be consistent with both of these maps. Element 11: Stewardship and Implementation of the Plan. This element describes how Plan CC will be implemented and updated to achieve a "living" plan. It also identifies key City departments and partners that will undertake the action steps identified in Plan CC as the means for achieving the plan's goals. The Second Draft of Plan CC is a pared down version of the First Draft. The "Public Engagement" and "Understanding Corpus Christi Today" elements were removed and the remaining elements renumbered. Each element in the Second Draft contains a vision statement and the goals and policies for achieving that vision. The other material contained in the First Draft (descriptions of existing conditions, challenges to meeting the vision, and reasons for setting the goals, as well as the strategies and action steps for meeting those goals) has been removed. Reportedly, the reason for issuing this Second Draft is to provide a renewed public comment period, focusing exclusively on the goals and policies proposed.6 Once the goals and policies have been sufficiently vetted, the City will release another draft with revised strategies and actions to meet those goals and invite public comment.' TALKING POINTS POINTS SPECIFIC TO PLAN CC RECOMMENDATIONS IMPLICATING REALTOR® INTERESTS POINT 1 : Several Plan CC proposals may make development more costly. Plan CC contains several proposals that may make development and housing more costly, including the following: Increased Focus on Tree Preservation and Planting: Goal 6 of the Natural Systems, Parks & Recreation Element is to increase shade along major streets and in parks and other public spaces. Although the language of the Goal itself suggests that it is focused on trees in public areas, the policies and action items under this Goal make clear the intent to have developers contribute towards the City's yearly tree planting goal.8 It proposes policies that include promoting tree preservation and tree planting on both public and private property. Action items include amending the Unified Development Code (the "UDC") to require planting shade trees in parking lots,9 and having all development approvals require sufficient irrigation to establish trees and replacement of trees that die within three years.10 The policies supporting this goal also suggests 6 Kristen Crow, Plan CC 2035 sees confusion, Corpus Christi Caller -Times, Jun. 2, 2015, available at http://www.caller.com/news/building-our-future/growth/plan-cc-update-scheduled-for-council-workshop 01549415, last accessed July 7, 2015. Id. 8 Element 4, Goal 6, Strategy A, Action 2 (suggesting 1,000 trees a year for ten years). 9 Element 4, Goal 6, Strategy B, Action 3. 1° Element 4, Goal 6, Strategy B, Action 4. Additional Letters Page 5 of 26 that the City will adopt a tree preservation ordinance in the future, although Plan CC does not explicitly describe what such a program might look like in Corpus Christi." Requiring planting and irrigation of trees in parking lots as a condition of development approval will likely increase the cost of developments subject to those conditions above what it would have been absent those conditions, and may also affect the feasible density of such development to the extent that the tree planting occupies space that otherwise could have been used for parking or other development. The action item proposing this requirement asserts that "changes in conventional parking lot design can provide room for more trees without affecting the number of parking spaces," but does not explicitly require that tree planting requirements be implemented in a way that does not reduce a site's development potential.12 Tree preservation ordinances sometimes are focused on protecting native trees species, trees with historical significance, and public trees, by requiring a permit to remove trees.13 But many tree preservation ordinances are far more extensive and intrusive on private property rights. These can take a wide variety of forms, including requiring tree planting as part of overall site landscaping, requiring a detailed pre -development inventory of a site's trees, requiring replacement (at 1:1 or another ratio, and either on- or off-site,) of trees that are removed for development, restricting or preventing the development of existing wooded areas, requiring a permit to cut or remove a tree of a particular species or size, and any number of other variants of regulation. Any requirement to plant or preserve trees can add significantly to development costs. How costly a tree preservation ordinance will be depends upon the details of the ordinance and how it is implemented. Unfortunately, Plan CC raises the potential for using a tree preservation ordinance to accomplish plan goals concerning tree preservation, without providing any sense of what such an ordinance would look like or any assurances that it would not place undue costs and burdens on development. Comment: Trees provide substantial values to the environment, including shading and cooling, storm water management, air filtering, wildlife habitat, and aesthetic value. Studies have shown that trees can add considerably to a property's value.14 That does not mean, however, that tree preservation regulations themselves are beneficial to property values. At an extreme, some can be applied in a manner that makes it impossible or impractical to develop particular properties.15 Ideally, any tree planting and preservation ordinance should be non -prescriptive and flexible enough to allow developers and builders to respond to each unique site and meet other development regulations, while also advancing the environmental and aesthetic benefits trees provide.16 It should avoid costly and time-consuming procedural requirements. Plan CC should be revised to include clear language establishing that when implementing the tree preservation goal the City will be sensitive to development cost and private property rights concerns. 11 Element 4, Goal 6, Policies ("Propose tree preservation and tree planting on public and private property.") 12 Element 4, Goal G, Strategy B, Action 3. 13 International Society of Arboriculture, Tree Ordinance Guidelines, http://www.isa- arbor.com/education/onlineResources/treeOrdinanceGuidelines.aspx, last accessed July 14, 2015. 14 NAR, Growth Management Fact Book (41h ed. 2015) (hereinafter "Fact Book") at 125, citing studies from Georgia and California. 15 Id. at 125-126. 16 Id. at 124-125. Additional Letters Page 6 of 26 Impact Fees. Goal 6 of the Implementation Element seeks to expand funding options available to the City to meet the plan goals. It specifically identifies impact fees as a potential funding source for transportation and utility infrastructure!' Plan CC observes that impact fees tend to be politically attractive because they shift costs of future development to that future development and away from existing residents and businesses.'8 It further notes that a formal impact fee process is more predictable and fair than negotiated exactions or proffers.19 It also proposes using impact fees to channel development into areas targeted for development and redevelopment by using a tiered fee or fee waivers for those areas.20 A development impact fee is a charge imposed on new development to fund the cost of off-site public facilities and services that benefit the new development. The rationale for impact fees is that the proponent of new development should incur the cost of capital public facilities and services needed to serve the new development, as opposed to the cost being paid by the general public through taxes or by the users of the service through user fees. Based on this principle, impact fees are designed to require that each development pay its proportionate share of the cost of providing off-site public facilities and services generated by the new development. A properly designed impact fee system fairly accounts for the infrastructure costs incurred by the local government to serve a new development by shifting the infrastructure costs to new development in proportion to the impact of the new development. Payment of impact fees may be required at the time of development approval, at the building permit stage or upon issuance of the certificate of occupancy. As a general rule, impact fees may not be used to pay for the maintenance of existing facilities, to cover operating expenses, or to remedy deficiencies in existing capital facilities or services.21 NAR has an adopted policy position opposing impact fees. It states: NAR opposes impact fees. Where impact fees exist, NAR urges their repeal. When impact fees are used, they should follow strict guidelines, for example - proceeds from impact fees should be segregated from other governmental revenues; impact fees should be used solely for capital improvements related to a specific new development.22 Impact fees may adversely affect property values and increase development costs. Although developers may find some efficiency gains in eliminating negotiated exactions, which may lower development soft costs, impact fees will increase development costs in comparison to using broad-based taxation to provide infrastructure and services.23 One of the main, and most 17 Element 11, Goal6, Strategy A, at 11.14. 18 Although it does not account for the fact that many potential consumers of new development are actually current residents. See Zimmerman/Volk Associates, Inc., An Analysis ()Residential Market Potential: The City of Corpus Christi, Nueces County, Texas, May 2014, available at http://media.wix.com/ugd/c701b0 562a416c356040adbeda9a0d7caa7038.pdf„ last accessed July 16, 2015. 19 Element 11, Goal 6, Strategy A, at 11.14. 20 Id. 21 See Fact Book at 25-26 (citing Arthur C. Nelson & James B. Duncan, Growth Management Principles & Practices at 123 (APA, 1995)). 22 See http://www.realtoractioncenter.com/for-associations/issues-mob/policies.html. 23 Fact Book at 29. Additional Letters Page 7 of 26 enduring, criticisms of impact fees is that they can have adverse effects on the market for housing and other development because of their effect on profit margins for developers. The relative economic burden of impact fees will be shared between developers on the one hand, and buyers or tenants on the other, depending on market factors. In any case, however, an impact fee will likely raise housing costs from what they would be absent the fee. To the extent that market dynamics allow developers to pass the cost of impact fees on to buyers, impact fees will also have the effect of raising the cost of new housing.24 Generally speaking, in an area where the market is insensitive to price changes, the fee is most likely to be passed on to buyers. In an area that is insensitive to price changes but has barriers to entry (e.g., a shortage of developable land), the developer can pass the fee along to buyers but may choose to produce a more upscale product to attract buyers who are better able to absorb the cost of the impact fees (which may impact housing affordability).25 In areas where the market is more price sensitive, builders and developers are likely to bear some or all of the cost of the fee, which will reduce the margin of profit they can expect from a given type of development. In response, some developers may change their product, for example by building larger more expensive homes in an effort to recoup some of the expected profit margin, which will affect housing affordability.26 Some developers may also chose to avoid jurisdictions where impact fees are imposed in favor of developing at locations not subject to impact fees. If impact fees act as a disincentive for developers to develop new housing and buildings in that jurisdiction, the effects may spill over to the local economy, affecting both its attractiveness to new investment and its ability to grow. Another potential consequence is that the market will pass some or all of the economic burden of the fee onto owners of vacant land available for development, reducing the value of land jurisdiction-wide.27 No matter who bears the burden of the impact fee — the landowner, the developer, or the buyer — there will be an economic consequence to the assessment of the fee. In Corpus Christi, impact fees may not be the most appropriate tool for generating funds for infrastructure improvement, particularly in light of Plan CC's goals calling for significant redevelopment in older parts of the City. Existing infrastructure must be repaired and upgraded to accommodate infill. Existing residents will benefit as much as new residents from these improvements. It is arguably not fair to impose the cost of repairs and upgrades only on new residents. Moreover, to the extent that impact fees discourage developers from pursuing opportunities for infill development, the effect of using this mechanism to fund infrastructure improvements may undercut the plan's goals in that respect. 24 Id. 25 Alvin L. Arnold et al., Impact fees and their effect on development — Development impact fees in the 1990s, 1 Construction & Development Financing § 2.86 (3d ed.). 26 Brett M. Baden, et al., Effects oflmpact Fees on the Suburban Chicago Housing Market 3 (1999) at 3, available at Heartland Institute Policy Study No. 93 at https://www.heartland.org/sites/all/modules/custom/heartland migration/files/pdfs/9437.pdf,last accessed July 16, 2015. 27 Arthur C. Nelson, Development Impact Fees: The Next Generation, 26 Urb. Law. 541, 551 & 555-56 (1994). Additional Letters Page 8 of 26 Concurrency: Goal 1 of Element 8 of Plan CC proposes establishing a multimodal "level of service" standard, along the lines of those adopted by the Florida Department of Transportation's Quality/Level of Service Handbook and the Transportation Research Board's Highway Capacity Manual.28 Levels of service are performance standards for public facilities, used to measure how well the facilities serve the community's needs.29 A multimodal level of service standard addresses transit, bicycling, and other modes of transportation in addition to vehicle traffic on roads and highways. Levels of service for transportation and other public infrastructure are often used in connection with a concurrency program, which requires that adequate public facilities be in place before new development is placed in service.30 Most concurrency programs delay development approvals until the public facilities needed to satisfy the level of service standards are in place, rather than requiring that developers pay for public improvements. As a practical matter, however, delaying development until new or additional public facilities are available may not be feasible for a developer, who may therefore choose to provide the facilities at its own cost instead of waiting.31 Plan CC does not mention adopting a concurrency program but the establishment of multimodal levels of service could set the stage for such a program. If so, the effect could be to delay development in areas that have overburdened transportation infrastructure until the City is able to provide the infrastructure needed to satisfy level of service standards, which could slow growth in the supply of housing and other development and drive up prices. Alternatively, the effect could be that developers undertake to provide and pay for the necessary road improvements ahead of the City's schedule, so that they are able to proceed with development on their preferred schedule, which will have cost effects similar to those of an impact fee. Urban Design Requirements: Several goals in Plan CC suggest the creation of a set of urban design guidelines for neighborhood and building development.32 In particular, the plan suggests amending the City's UDC to adopt design for "alternative development patterns" that focus on outcomes rather than specific design features and a series of overlay districts.33 Design standards can be very difficult to draft because it is often difficult to be precise and clear in describing the desired design characteristics of development in ways that developers, design professionals, and regulators can understand and apply consistently.34 Without precise definitions, it may be difficult for developers to meet the standards expected by the reviewer, 28 Element 8, Goal 1, Strategy A, Action 1. 29 See Fact Book at 18. 30 Fact Book at 18. 31 Fact Book at 19. 32See Element 5, Goal 1, Strategy D; Element 6, Goal 2, Strategy B; Element 6, Goal 7, Strategies D and E; Element 10, Goal 3, Strategies A, B, and C. 33 Element 10, Goal 3, Strategy C, Action 1 34 Fact Book at 104-105. 8 Additional Letters Page 9 of 26 which can increase the cost of the design review process.35 Additionally, to the extent that specific design features or expensive materials are required, development costs will rise.36 Plan CC also proposes policies intended to promote a "sense of neighborhood," which appear to require specific design criteria, such as "interconnected development" and "unobtrusive parking solutions."37 To the extent that these design features are incorporated into the UDC as regulatory requirements, development costs could increase because developers will be required to incorporate these features into their plans POINT 2: Plan CC proposes the adoption of a rental registration program and a "crime - free rental housing" program, both of which can place unfair demands on landlords and implicate constitutional and property rights issues for landlords and tenants. Goal 4 of the Housing and Neighborhoods Element states that "All housing is in good condition and is code -compliant." Two of the action items under the Goal 4's strategies are to establish a registration and inspection system for rental properties and to adopt a crime free rental housing program based on a national or local model.38 Rental registration ordinances typically require landlords to register properties with the local jurisdiction and sometimes require the landlord to obtain a license to lease the property, submit to periodic inspections, and pay a fee to cover the jurisdiction's administrative and inspection costs.39 The process allows the jurisdiction to hold landlords accountable for code violations and also allows the jurisdiction to ensure that rental units meet health and safety codes.40 It also allows the jurisdiction to be pro -active about maintaining housing and neighborhoods in good condition instead of merely responding to complaints from tenants or neighbors.41 Crime free rental housing programs have several common features, including some or all of the following: licensing of landlords, requiring installation of certain safety features, participation in training, use of a "crime -free" lease addendum that specifies certain conduct (whether engaged in by tenant, guests, or others) that will be a basis for eviction, requiring eviction of a tenant if prohibited conduct is discovered or a certain number of calls from or about the tenant are received by the police, and consequences (including potential fines or revocation of rental license) for violations of the ordinance.42 Some jurisdictions have adopted completely voluntary programs, some are mandatory, and others take a hybrid form in which the program becomes 35Id. at 105. 36Id at 107. 37 Element 6, Goal 8, Policies. 38 Element 6, Goal 4, Strategy A, Action 2; Element 6, Goal 4, Strategy B, Action 1. 39 Fact Book at 150. 40 Id 41 Id. at 152. 42 Emily Werth, the Cost of Being "Crime Free ": Legal and Practical Consequences of Crime Free Rental Housing and Nuisance Property Ordinances, Sargent Shriver National Center on Poverty Law (Aug. 2013) at 2-4, available at http://povertylaw.org/sites/default/files/files/housing-justice/cost-of-being-crime-free.pdf, last accessed July 8, 2015. 9 Additional Letters Page 10 of 26 mandatory in certain property types (i.e. multi -family housing) or after a property has been the site of a certain number or type of criminal incidents.43 These two action steps potentially raise several issues of concern for the Realtors®. First, Plan CC does not discuss code enforcement, poor housing or neighborhood conditions, or criminal activity in rental housing as particular challenges that the City faces and needs to address. Other than the fact that many other cities have these types of ordinances, Plan CC does not point to any existing conditions within the City that make these action steps necessary to maintaining or achieving the goals of housing that is in good condition and code compliant.44 Second, these programs create additional burdens for landlords which may reduce the availability of rental housing stock and decrease affordability.45 Not only will landlords have to pay registration fees but the costs of property maintenance and supervision will also likely increase. In a city, like Corpus Christi, with significant housing affordability concerns, initiatives that increase the cost of and decrease the supply of rental housing should be undertaken only after determining that they are necessary in that city, not just because they are approaches used elsewhere. Third, these types of programs may infringe on the rights of landlords and their tenants. Such programs implicate the protections against unreasonable search and seizure under the Fourth Amendment to the United States Constitution. Even civil inspections are subject to Fourth Amendment protections, and require a warrant, owner or tenant consent, or an imminent health or safety threat.46 In many instances, property owners in jurisdictions that have rental licensing programs are forced to choose between consenting to a search program (by registering and/or obtaining a license to operate as a rental) or not being permitted to legally rent their property. These programs also infringe on the property rights of landowners. Property rights are often described as a "bundle of sticks" in which each stick is a particular right associated with property ownership: e.g. the right of possession, the right to exclude others from the land, the right to dispose of the land either permanently by selling or temporarily by leasing.47 Although some regulations that restrict property rights are expected and accepted (e.g. environmental laws, zoning), the right to lease property is not one of the "sticks" that has traditionally been restricted. Furthermore, the crime -free programs attempt to shift policing duties to landlords. While residents of owner -occupied homes are free to use city services without fear of repercussion, landlords and tenants are subjected to an alternate policing system where there are significant repercussions for utilizing basic city services. This places an unfair cost on landlords (as well as 43 See e.g., San Bernadino, California, Crime Free Multi -Housing Program, https://www.ci.san- bernardino.ca.us/cityhall/community development/code/crime free multi family housing_program/default.asp; Sunnyside, Washington, Municipal Code, Section 5.02.040, http://www.codepublishing.com/wa/sunnyside/html/S unnyside05/Sunnyside0502.html#5.02.040. 44 See Element 3 and Element 6. 45 See Fact Book at 155. 46 Camara v. Municipal Court of City & Cty. of San Francisco, 387 U.S. 523 (1967). 47 See Denise R. Johnson, Reflections on the Bundle of Rights, 32 Vt. L. Rev. 247 (2007). Additional Letters Page 11 of 26 putting landlords in potentially dangerous situations in order to preserve the right to lease their property). It also can have disastrous consequences for tenants who may forego reporting crimes against them for fear of losing their housing.48 POINT 3: (Note: In original Plan) Plan CC proposes the creation of a redevelopment agency that could be given eminent domain power, infringing on private property rights. Plan CC calls for the City to consider creating a development agency "in designated areas of the city where redevelopment is desired, such as the Urban and Neighborhood Village locations."49 This action step further states: Corpus Christi does not have a redevelopment agency that can act to accelerate redevelopment in desired locations by making and implementing plans that require land assembly and improvements in order to attract and leverage private investment...One approach would be to use Texas Local Government Code Chapter 374 [The Texas Urban Renewal Law]."' The Texas Urban Renewal Law authorizes a municipality to remove slum and blighted conditions through eminent domain.51 Although the Texas statute provides some limitations on the use of eminent domain to take properties that are not blighted, overall, it appears to permit the City to take property for redevelopment by a private entity.52 The possibility that Corpus Christi will create a redevelopment agency under the Urban Renewal Law raises significant property rights concerns. While it is important that the City have the necessary tools to implement Plan CC, those tools should not be used to eliminate private property rights. A redevelopment agency could certainly be a valuable tool for promoting redevelopment of the downtown area and promoting the development of Urban and Neighborhood Villages. However, that agency should focus on acquiring and assembling property through other means and on providing guidance and assistance (in the form of public-private partnerships) to facilitate desired development. POINT 4: The proposed transition of certain areas from residential to non-residential uses to increase compatibility with nearby military, industrial and aviation uses raises potential concerns. Military Compatibility Area Overlay District Goal 8 of the Future Land Use Element calls for regulations to protect military and civilian airport uses. One action step proposed is to create a Military Compatibility Area Overlay District (the "MCA"), as recommended by a Joint Land Use Study conducted by the City and the Department of Defense in 2013 to identify certain land uses that are incompatible with the naval 48 For further discussion see Werth, supra n.42. 49 Element 11, Goal 4, Strategy A, Action 1; see also Element 6, Goal 7, Strategy A, Action 1. 5o Element 11, Goal 4, Strategy A. 5172 Tex. Jur. 3d Urban Renewal § 1 (2015). 52 David B. Brooks, Tex. Prac., Municipal Law and Practice § 19.12 (2d ed. (2014). Additional Letters Page 12 of 26 air station operations (the "JLUS").53 It recommended the adoption of a Military Sustainability Master Plan Element in the comprehensive plan and recommended establishing the MCA, over the areas shown on Figure 2 of the JLUS, to restrict land uses that are incompatible with various aspects of operations.54 The MCA would permit those land uses that are generally considered compatible with the military airfields and the Corpus Christi International Airport — light industrial, commercial, agricultural, parks, and low-density residential — but would not permit other uses. The MCA would also regulate density and height of structures in order to improve compatibility with the airfield. Transition Special Districts for Aviation and Industrial Areas The Future Land Use Element calls for "transitions from residential enclaves to nonresidential uses ... in industrial and aviation special districts." The Future Land Use Map identifies two areas Transition Aviation Special District and Transition Special District as areas where residential uses, deemed incompatible with industrial and aviation uses, are to be "transitioned" to nonresidential uses. The "Transition Aviation Special District" is located south of the Corpus Christi Naval Air Station on Flour Bluff.55 The "Transition Special District," also described as the "Special I-37 Transition District"56 is designated as the area north of Interstate 37 and west of the Harbor Bridge.57 This area is adjacent to oil refinery operations and other industrial uses.58 Concerns about MCA and Transition Districts These proposed changes could have a significant impact on property values within those areas. This is due to the limited uses that would be permitted in those areas and, within the Transition Districts in particular, the explicit goal of "transitioning" existing residential uses elsewhere. With respect to the intended uses in the MCA, Plan CC notes that there is little demand for additional office space59 and has not raised a lack of available industrial sites as an issue. Insufficient demand for the permitted uses may significantly depress the values of properties that are suitable for other uses but rezoned into the MCA. Landowners whose property is already developed with a use or structure that becomes nonconforming as a result of being placed in the MCA or one of the Transition Districts could find it extremely difficult to recoup the value invested in the property, assuming that there is likely to be low demand for allowed uses and significantly reduced value for nonconforming uses. Transitioning these areas away from residential use is intended to promote economic opportunities in the City by removing incompatible uses. Plan CC notes that residents in the 53 Element 10, Goal 4, Strategy A, Action 2; NAS Corpus Christi: Joint Land Use Study ("JLUS"), at 42, Table 2, available at http://www.ccj lus.com/images/documents/NASCC%20JLUS%20Final sm.pdf, last accessed July 9, 2015. 54 JLUS, supra n.53 at 27, Figure 2. 55 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 56 See Element 10, Goal 1, Strategy B, Action 1. 57 See Future Land Use Map at Exhibit 10.10 on p. 10-35. 58 Id. 59 Element 6 at 6.9. Additional Letters Page 13 of 26 proposed Transition Aviation Special District and in the Special I-37 Transition District are largely low-income tenants and owners and recognizes that a fair process is needed for this transition to happen. It suggests providing incentives to residents60 and financial support from private organizations to residents.61 It is unclear how practical these suggestions are and whether sufficiently attractive incentives could be created to encourage large numbers of residents to move to other areas of the City. As a good source of knowledge and experience concerning the commercial and residential real estate markets, the Association should request to be part of any working group organized to further these goals. Even if the City succeeds in efforts to transition these areas away from residential use, Plan CC does not identify how "hold -outs" will be addressed. For example, does the City contemplate using a redevelopment authority to declare hold-out areas as blighted and use eminent domain to displace property owners and residents so their property can be taken and assembled into parcels for transfer to a new private owner? The Association should note its concern over the potential that the City will try to use eminent domain to achieve this the transition using eminent domain powers if the proposed action items are not successful in accomplishing a full transition. POINT 5 Element 8, calls for "orderly growth in the southern [extra -territorial jurisdiction]." The City's authority to regulate growth in the extra -territorial jurisdiction ("ETJ")62 is limited to its subdivision regulations; it cannot zone in this area.63 To achieve this goal the plan proposes to amend the UDC to create a "Rural Enterprise" zone with a maximum density of one dwelling unit per twenty acres and a certain number of uses permitted by special permit; require newly annexed areas to be automatically zoned as Rural Enterprise; not permit rezoning from Rural Enterprise until water and wastewater services are provided; and not permit water lines to be extended to an area unless there is a commitment to bring wastewater lines within three years.64 The areas proposed to be annexed by 2020 are shown as A and B on Exhibit 10.14 (the "Annexation Areas") and are located in the southern ETJ.65 Annexing these two areas is a short-term goal to be completed by 2020.66 Until that happens, any problems associated with a lack of zoning will continue to exist and could be compounded by additional development. In the discussion of land use challenges, Plan CC identifies issues with proper soil conditions for septic systems and the high demand for large single-family homes 60 Element 11, Implementation Matrix at 11.51. 61 Element 10, Goal 5, Strategy A. 62 The ETJ is the unincorporated area within five miles of the city limits. Texas Loc. Gov't Code § 42.021. 63 Element 10, C. Challenges, 4, at 10.14. See Corpus Christi, Unified Development Ordinance, § 3.8.1. It may also be possible for the City to require building permits and enforce its other construction related ordinances. See Terrence S. Welch et al., Municipal Regulation of the ETJ, Brown & Hofmeister, LLP, available at http://www.bhlaw.net/8%20MUNICIPAL%2OREGULATION%20ETJ%20- %2000G%20Basics%20of%20Planning%20and%20Zoning%20-%20April%202005%20Edition.pdf, last accessed July 10, 2015. 64 Element 10, Goal 6, Strategy A. 65 Element 10, Goal 6, Strategy B. 66 See Element 11, Implementation Matrix for Element 10, Goal 6. Additional Letters Page 14 of 26 (due to good schools and lower land costs) which have the potential for "chaotic" development patterns which "can make providing services and infrastructure more costly than necessary" if the area is annexed.67 Through the City's subdivision regulations and its building regulations, however, it appears that the City should be able to require proper septic system design, proper road design and construction, sufficient access to properties for emergency services, and proper utility service be provided to all new development in the ETJ, even prior to annexation. Automatically zoning all parcels in newly annexed areas as Rural Enterprise may unnecessarily restrict future development. Although the authors of Plan CC provided an analysis of available land for development for land within the City limits,68 it has not provided a similar analysis for the development potential of the Annexation Areas at the proposed density. Therefore, it is unknown how much development can be accommodated at the Rural Enterprise density of 1 unit per 20 acres. Also, the plan does not detail what other zoning requirements may be imposed which could make existing legally created parcels and development nonconforming. The provisions requiring water service plus a commitment to bring waste water service before an area can be rezoned out of Rural Enterprise to allow denser development may effectively preclude such rezoning from taking place. Water and wastewater services are not typically extended unless there is sufficient density to justify and offset the cost of the extension. Under the low density Rural Enterprise zoning, the thresholds at which extending service makes sense may not be reached, which means these areas will not be able to satisfy the preconditions to be eligible for rezoning to accommodate additional density. The Annexation Areas are proposed for annexation precisely because they are areas already developing as residential enclaves. Plan CC includes as one of its land use principles, "locate new residential developments adjacent to and connected to existing development."69 The density restrictions proposed by Plan CC for the Annexation Areas appear to be contrary to this principle. The Plan CC proposal to zone annexed areas at the low Rural Enterprise density would also apparently apply to any other areas identified for future annexation. Over time, this policy may significantly reduce the potential growth and development of the City. POINT 6: The "road -diet criteria" that Plan CC recommends for evaluating potential impacts on adjacent road networks and neighborhoods should be established before any "road -diets" are undertaken. To further the goal of an efficient and safe transportation network (Element 8, Goal 1), Plan CC calls for "road -diet criteria" to be established to evaluate any impacts on adjacent road networks or neighborhoods. The road -diet concept was previously introduced in the Mobility CC plan. Mobility CC is the transportation element of the current comprehensive plan. Plan CC calls for 67 Element 10, C. Challenges, 4, at 10.14. 68 Element 10, at 10.8. 69 Element 10 at 10.31. Additional Letters Page 15 of 26 certain parts of Mobility CC to be revised or reconsidered but it appears that Mobility CC will continue to be implemented alongside the other goals and actions proposed in Element 8.70 A so-called "road -diet" is the redesign of a roadway (typically a four lane road) in which a travel lane is removed and the space is dedicated to other uses, such as a two-way left turn lane, bicycle lanes, pedestrian islands, transit, or parking.71 The purpose of reconfiguring the lanes is to increase safety for all roadway users, not to restrict capacity for vehicles in favor of other modes of transportation.72 Mobility CC previously identified several corridors as subjects for a "road -diet." Plan CC calls for a review of this list, identification of other potential corridors that should be considered for a road -diet (in conjunction with the proposed creation of Urban and Neighborhood Villages), and proposes a quantitative analysis for determining impacts to capacity on adjacent networks and neighborhoods.73 While the concept of a "road -diet" is not necessarily objectionable by itself, the City should be sure that no adverse traffic impacts are caused by their implementation. To the extent that applying a "road diet" to a particular corridor leads to changed traffic patterns and increased congestion on alternate routes, it can have potential impacts on development potential and costs. Based on the recommendations in Plan CC, it appears that Mobility CC did not adequately evaluate impacts to adjacent neighborhoods and road networks. If implemented, Plan CC's recommendation to develop and apply "road diet criteria" should serve to increase the safety of the transportation network by implementing "road -diet" design, while also ensuring that the capacity of the corridors remains sufficient for existing and future vehicle trips made along the corridor and that there are no unintended consequences to adjacent areas. Realtors should insist that the "road diet" program not move forward unless and until such criteria are developed and applied to evaluate the potential negative effects of imposing a "road diet" on a given corridor. POINT 7: Incentives provided to facilitate preferred development are more desirable than mandates, but should be designed not to disadvantage other types of development. Plan CC recognizes that the desired types and locations of development may not be realized entirely through market forces alone. It suggests the use of incentives to overcome barriers to certain types and locations of development. For example, to support Goal 2 of the Housing Element ("Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle."), Plan CC proposes that the City assist in land assembly for affordable housing, that the City engage in public-private partnerships by contributing infrastructure or streamlined zoning review for developments that meet housing goals, and that the City create a 70 Mobility CC can be found on the City's website at http://www.cctexas.com/Assets/Departments/PlanningEnvironmentalServices/Files/MobilityCC.pdf, last accessed July 13, 2015. 71 FHWA Safety Program, Road Dietlnfbrmational Guide, U.S. Dept. of Transportation, Report No. FHWA-SA-14- 028, Nov. 2014, available at http://safety.fhwa.dot.gov/road diets/info guide/rdig.pdf, last accessed July 13, 2015. 72 Id. 73 Element 8, Goal 1, Strategy A, Action 4. Additional Letters Page 16 of 26 Neighborhood Empowerment Zone to provide tax abatements for construction of workforce housing.74 To promote Goal 5 of the Housing Element ("New and redeveloped housing is resource -efficient.") the plan calls for providing a per-unit discount for building permits for resource -efficient housing. In some places Plan CC suggests that incentives be identified in the future. Incentives can reduce development costs which can benefit developers through cost savings, residents through lower housing prices, and the community by providing the desired type and location of development. From the perspective of property owners and developers, incentives that make desired development types attractive and more profitable are a better approach than mandates used to require that development include certain amenities or characteristics. Ideally, incentives to develop in a particular way should not penalize or divert resources from permissible development. For example, Plan CC calls for supporting resource efficient housing by providing incentives such as permit streamlining To the extent that permit streamlining for favored development means that local resources must be diverted from traditional permitting requests, the result may be that the streamlined process for the incentivized development causes delays for other development. In this case, waiver of permit requirements rather than fast -tracking the process may provide the desired incentive to the preferred form of development without increasing the burden on other forms of development. Comment: The Association should support the use of properly designed incentives, rather than mandatory requirements, to promote the type and location of development identified in the plan. However, the Association should note that some incentives can have adverse impacts, that may increase development costs for non -incentivized developments. POINTS REGARDING PLAN CC GENERALLY POINT 8: Plan CC does not appear to satisfy all of the requirements of the City Charter. Article V of the Corpus Christi City Charter requires the City to establish comprehensive planning in order to "guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city."75 To meet this requirement, the city council is required to adopt a comprehensive plan as the general plan.76 The comprehensive plan is required to have: A future land -use element An annexation element; A transportation element; An economic development element; A public services and facilities element, which shall include a capital improvement program; A conservation and environmental resources element; and 74 Element 6, Goal 2, Strategy E, Actions 1, 2, and 3. 75 City of Corpus Christi City Charter, Article V, Section 1. 76 Id. at Section 4. Additional Letters Page 17 of 26 (7) Any other element the city council may deem necessary or desirable in order to further the [objectives of Article V of the City Charter]." Plan CC would replace the assortment of plans currently in place in the City. Element 11, Goal 1 acknowledges the City Charter requirements, specifically noting the required plan elements.78 Nonetheless, Plan CC appears to omit required elements. Plan CC does not contain an Annexation element, even though annexation is discussed in other plan elements. For example, Goal 6 of the Future Land Use Element addresses anticipated development in the Annexation Areas and Exhibit 10.14 shows the locations of two planned annexation areas (and one designated for an industrial agreement instead of annexation).79 While these and other discussions in Plan CC address the topic in certain respects, the City Charter clearly calls for a separate annexation element.80 Similarly, the public facilities element of Plan CC does not contain a capital improvement program or discuss plans for developing a capital improvement program. A Capital Improvements Plan or Program ("CIP") is used to assess capital facility needs against the plans goals and policies on a shorter planning horizon, typically five years.81 It is an important tool for the implementation of a comprehensive plan because it identifies, prioritizes and assigns funding to planned capital projects.82 Rather than ensuring that it conforms to the requirements of the City Charter, the first proposed action step under the strategy for adopting the new long-range plan is to amend the City Charter and existing ordinances to align them with Plan CC.83 Plan CC does not explain why the City Charter should be amended to exclude the missing annexation and capital improvement program elements from the City's comprehensive planning requirements. The annexation element and CIP are important planning tools, and Plan CC also does not explain how the City intends to address these subjects adequately outside of the comprehensive plan process. 77 Id. 78 Element 11, Goal 1 at 11.5. 79 Element 10 at 10.51-10.53. 80 The City has an Annexation Plan, adopted in December 1999 (see City of Corpus Christi, Resolution Adopting the Annexation Plan Required by Section 43.052, Local Government Code, available at http://www.cctexas.com/ Assets/Depthtiuents/PlanningEnvironmentalServices/Files/Adopted%20City%20Annexation%20Plan.pdf, last accessed July 8, 2015) as required by Texas statute (see Texas Loc. Gov't Code § 43.052 (requiring the adoption of an annexation plan in order to annex properties but excepting certain annexations from these procedural requirements)), which states that the City has no plans to annex any areas subject to the statutory requirements. 81 Vicki Elmer, Capital Improvement Plans and Budgets, Lincoln Institute of Land Policy, at 4, available at haps://www.lincolninst.edu/subcenters/teaching-fiscal-dimensions-of-planning/materials/elmer-CIP.pdf, last accessed July 8, 2015. 82 University of Wisconsin Stevens Point, Center for Land Use Education, Planning Implementation Tools: Capital Improvement Plan, Sept. 2008, available at https://www.uwsp.edu/cnr- ap/clue/Documents/Planlmplementation/Capital Improvement Plan.pdf, last accessed July 8, 2015. 83 Element 11, Goal 1, Strategy A, Action 1. Additional Letters Page 18 of 26 POINT 9: The implementation of Plan CC relies heavily on the reinstatement and expansion of the City's Planning Department, which may not be feasible. Element 9 states that "a new Planning Department is in place" and that it will be given "a proactive role in coordinating initiatives to implement comprehensive and other plans."84 Plan CC calls for the staff of the reinstated Planning Department to include a planning director, a land use planner, an urban designer, a housing planner, a transportation planner, a neighborhood/district planner and a long—range planner.85 The implementation element lists this as a short-term goal, to be achieved between 2015 and 2020.86 The City currently has a Development Services Department that provides support to the Planning Commission and to the public for permitting and regulatory activities.87 The City used to have a Planning Department that was part of the Development Services Department. The Planning Department was separated from the Development Services Department in order to focus on completing this comprehensive plan update, and then was eliminated in late 2013 or early 2014 when the planning function was privatized.88 Given the recent elimination of the department, Plan CC's goal of reinstating the City's Planning Department and hiring dedicated staff with significant expertise in various aspects of community planning may be too ambitious. The City may find it difficult to attract (and pay for) a new staff of at least seven professionals with the necessary skill sets, particularly in light of the City's fluctuating treatment of that department in recent years. It may also be politically difficult to reinstate a department that was recently eliminated in favor of outsourcing these planning duties to private consultants. The possibility that the Planning Department will not be re-established quickly or easily poses a significant potential problem for the implementation of Plan CC, because so many of the action steps are delegated to the new planning department.89 If the planning department is not reinstated as proposed, it is not clear whether other City departments or private consultants may be able to undertake the proposed actions. POINT 10: Plan CC needs further editing before it is adopted. Plan CC contains some poorly drafted goals and a significant number of typographic errors, both of which suggest that additional review and editing of the plan is needed before it is finalized for adoption. 84 Element 11, Goal 3 and Policy. 85 Element 11, Goal 3, Strategy B, Action 2. 86 Element 11, Implementation Matrix. 87 See generally City of Corpus Christi, Development Services website at http://www.cctexas.com/government/development-services/index, last accessed July 14, 2015. 88 See Element 11, Goal 3; see also Matt Dietrichson, Corpus Christi may outsource more of planning department, Houston Tomorrow (Aug. 30, 2013), available at http://www.houstontomorrow.org/livability/story/corpus-christi- may-outsource-most-of-planning-department/, last accessed July 8, 2015. 89 See Element 11, Implementation Additional Letters Page 19 of 26 BASGI Comments on 2nd Draft Corpus Christi Plan 2035 Our Vision: 1-tic/e� "Employment opportunities abound in public, private and non-profit sectors of the community." (Corpus Christi has a diverse market with many jobs in the public and non-profit sectors.) The Principles: Promote good health: rather than term medical care, use broader term of health care, which encompasses medical and related. ii (1 3 A. There is excellent policy guidance from AARP, Livable Communities, that addresses impacts and needs of an increased population of older citizens and their desire for quality of life. The term Livable Communities should be incorporated, as it mirrors many of the principles of Smart Growth, and is frequently a City Initiative. Element 1: Goal 7: add "including accessibility" Element 2: Goal 6: Policy: Affordable housing preservation is part of this planning. Element 3: No recommendations, at this time. Element 4: Add Goal 6: "Establish a public-private initiative to address affordable rental housing." Policies: Provide support for stakeholder interests to convene and define housing affordability, determine housing market options and potential public and private investment opportunities, provide current data on level of rental housing availability by income category and need, and develop a data base to help identify the level of affordable housing in each Council District. Conduct a Citywide Impact Assessment in readiness for the (new) HUD Fair Housing Act requirements prohibiting income segregation within PJs. The Consolidated Plan to be developed for 2018 will contain provisions for analysis and plan. The City's current Con Plan has no plan to address the finding that only 10% of the housing stock in 2013 was affordable to individuals and households at 30% AMI (extremely low income category). Neighborhoods: Goal: Adopt the policies and strategies within the "Missing Middle" to developing affordable housing, increased density, mixed housing, and creative financing in urban areas. Additional Letters Page 20 of 26 Policy: Plan for and support housing choices that recognize and encourage the addition of multiple housing options within the housing continuum —the large missing middle in Corpus Christi - between "multi -family housing" on the one end and traditional "single-family housing" on the other. (See information provided to Planning Commission.) Element 5: No recommendations, at this time. Element 6: Goal 1: Policies: Destinations are easily connected by accessible paths of travel and a diversity of modes of travel, both private and public. Enhance transportation options with the addition of water transportation, developed with public-private investments. Support the MPO Active Mobility Plan. Element 7: Policy: Annexation must be supported by an urban growth boundary policy and strategy. See element 8. Element 8: Established metropolitan boundaries, identified as urban growth boundaries, which may be expanded into the ETJ through annexation only when infill development within the City has reached a pre- identified level of attainment. The amount of vacant and near vacant land within City boundaries provides tremendous "in-pansion" possibilities. Incentives for property owners, developers and investors must be developed as part of boundary growth regulation. City priority must be to maintain and upgrade what we currently have that has been neglected (under a deferred maintenance practice) and will continue to degrade the Central City. The Chapman Ranch annexation is counter to orderly and planned development and should be reversed. Additional Notes: 1. Please see previous statements of support and recommendations to the initial Draft Plan by BASGI. 2. Bay Area Smart Growth supports the recommendations of the Sierra Club. 3. The second draft CC Plan 2035, although streamlined to address only Elements, Goals and Priorities, has unfortunately cut out a great deal of input and investment by the public and the consultants. We are concerned that removing the strategies and activities will undermine implementation of a comprehensive plan that has been based in public review, input and overall acceptance. Additional Letters Page 21 of 26 Honorable Mayor Martinez and City Council Members, Today I am here to represent Santa Cruz Partnership of the Chapman Ranch and voice their concerns over the Second Draft of PIanCC2035. The First Draft of PIanCC2035 clearly stated there was more than ample room for Corpus Christi to grow within its 2014 boundaries for at least 20 years no matter how optimistic the scenario. The second draft eliminates any references to containing geographical growth and instead suggests an additional 8,000 acres be annexed and purposed as planned development. Both Drafts fail to identify any City plan for the Chapman Ranch Annexation leaving it as Rural Enterprise/Agricultural. These recommendations are contrary to the vision and principles stated for PIanCC2035 in numerous aspects. One incomplete section of the first draft also promised that projected costs of the plan and alternatives would be forthcoming. They are not part of the Second Draft nor is this practical measurement mentioned. Applicable Principles defined by the plan that are in conflict with the Chapman Ranch Annexation and its designation as rural agricultural use include: 1. Be Strategic: The Chapman Ranch Annexation demonstrates the exact kind of leap frog annexation and low utilization of the required infrastructure discouraged by the First Draft. 2. Be Cost Effective: The City turned down $13 million to not annex the Chapman Ranch and now have an obligation of $21 million to provide infrastructure with no revenue to pay for it. 3. Act Transparently: City leaders refuse to have an open council discussion on disannexation of the Chapman Ranch despite the fact that the City's objections have been resolved. 4. Be Accountable: The first and second draft plan for Chapman Ranch offer no opportunity for development or utilization to produce wind power, this is a taking of private property rights without compensation. In addition the imposition of $21 million of infrastructure and debt costs on rate/taxpayers without public hearings or discussions avoids transparency and accountability. 5. Pursue goals through Partnerships: The City has refused to negotiate in good faith with either the landowners or the wind farm company. If the City wants to encourage the Chapman Ranch to be developed we stand ready to hold discussions. 6. Be Business Friendly: The City turned down $13M in lieu of taxes and tried to drive away a company that wanted to invest $500M in our community. That is not very business friendly. A suggestion was made during the input section on the Second Draft that a second pathway to the island be included in the plan. The City's also made a recent financial contribution to a feasibility study by the Municipal Planning Organization to build the section of the Southside Mobility Corridor from the Crosstown Expressway to Padre Island. These actions along with the insistence that the Chapman Ranch Wind Farm would interfere with southward growth within 30 years (the lifetime of the wind farm) indicate that City leaders plan to expand in the Chapman Ranch annexation in the foreseeable future. While both of these are contrary to Additional Letters Page 22 of 26 consultant recommendations and public input regarding expansion of city boundaries, the Chapman Ranch owners are more than willing to discuss the expansion of these plans. The City has made clear it opposes wind turbines in the annexed area and Apex has withdrawn any plans to place turbines in the area. The First and Second Draft of PIanCC2035 both designate the Chapman Ranch as Rural Agricultural/Rural Enterprise while the Second Draft upgrades other lands designated Agricultural/Rural Enterprise in the First Draft as Planned Development. Leaving the Chapman Ranch designated as agricultural/rural enterprise is a restrictive designation that does not allow the owners to develop their property. Denying the ability to erect wind turbines or to develop the property, limits the income potential of the property to the point of constituting an illegal taking without compensation. The proposed path of the Southside Mobility Corridor clearly transverses the Chapman Ranch Annexation (see map) land mass. .A3 i --- -i• 1111 U, 11[ 4 nal 41 wp.. 7 ak,„ 361 N MI P� 44i �t MC, $n c c 4,3106;5.°4141t P4' It ie. AI ge1504.311M i5611,1 taavenpmen: Pan alp ed 4* 844, iiPf'VC/ o \ ...t ♦ 46. _ m m s ♦ -! ♦4111N. t I ♦ LPL PO P;- °I -41".2 ♦4 2 0 ae .. 1._ �....... Ls. 44 ul The extension of the Crosstown Expressway (SH286) to the island would create a natural junction at the corner of CR70, the main route to Bishop and Kingsville. The desirability of new residential and commercial developments in this area within the London School District and fifteen minutes from downtown Corpus Christi, Padre Island (across a new bridge) and Kingsville are obvious. Therefore we ask that PIanCC2035 be altered to recommend one of two courses. 1. Disannexation of the Chapman Ranch: Disannexation would relieve the City of a $21 million capital cost program and additional costs related to providing public safety services, solid waste, road and storm water maintenance. Disannexation would, return the property to its rural use and still be free of wind turbines. 2. Promote Development of the Chapman Ranch: Recommend the Chapman Ranch be designated as Planned Development and provide infrastructure to the intersection of 70 and 286 or allow the creation of Municipal Utility Districts to allow development to occur in the City identified growth corridor without capital cost to the city." Additional Letters Page 23 of 26 E EIVED OCT 1015 Sierra Club Coastal Bend Group PO Box 3512 Corpus Christi, TX 78463-3512 CITY SEGREJAWS )FFICE October 13, 2015 Corpus Christi City Council 1200 Leopard Street Corpus Christi, Texas RE: PLAN2035 October 13 public comment The Sierra Club Coastal Bend Group strongly supports the original draft P1an2035. We encourage the City Council to adopt that original and more complete version of the plan. This currently proposed P1an2035, however, does contain several sentences that recognize the importance of taking environmental issues into consideration, and this helps secure Plan2035 as deserving of community support. Reportedly this plan cost close to $100,000, not including the significant volunteer time given by many citizens. It would be a mistake to not approve the plan. It would also be a mistake to further reduce or dilute the recommendations of the paid consultants and volunteers merely to accommodate those who threaten to avoid P1an2035 recommendations by developing and building out side of the City limits, or by others who simply do not like any change from business as usual. There must be positive reasons for homebuyers to want to live inside the City limits, and Plan2035 is a strong step in the right direction. Attached to this cover letter is a brief analysis of currently proposed draft Plan2035 Sincerely, few C Lois Huff, Chair Sierra Club Coastal Bend Group 361-774-1500 lch784@gmail.com Additional Letters Page 24 of 26 Natural Systems. Parks and Recreation GOAL: Natural Systems. NOTE: Policies for decision makers appear to be positive and to provide good direction. GOAL: Urban, Item 6. NOTE: "Give priority to DIVERSE native tree planting...." (Add "diverse") GOAL: Open Space, Parks and Recreation, Goal 8, high quality and well maintained green spaces. "Continue to seek partnerships and sponsorships to support park maintenance. NOTE: Partnerships and sponsorships would be best used to enhance not merely provide park maintenance. Resilience and Resource-Ei iiciencY GOAL: Resilience. NOTE: Promotion of protection of barrier beaches and dunes is important as noted. Development of additional bridge to Padre Island shown on several P1an2035 maps, must honor this goal. GOAL: Resource Efficiency. NOTE: Policy Item 4. Add "Recommend that builders/developers consider designing houses to take advantage of prevailing winds, allowing homeowners to reduce dependence on air conditioning when possible." Housing and Neighborhoods GOAL: Neighborhoods. NOTE: Item 6. Much much more is needed than one sentence to encourage infill development The City needs to completely change the way utilities are planned and paid for, removing the burden from the developers/building; this would allow the City to plan where to develop, or re -develop, by seeing that the utilities are in place for new development and that infill development no longer requires a builder/developer to pay for the increased cost of providing utilities in older areas. Transportation and Mobility GOAL: Efficient and safe transportation network NOTE: Add additional policy: Support bicycle routes that promote safe biking to and from the workplace. cif/Pnmunity Infrastructure. Facilities and Services, GOAL: Storm water and drainage system, Item 4. NOTE: Promote reduction of pollutants "and litter" in the Bay....(add "and litter.) Additional Letters Page 25 of 26 GOAL: Solid waste, item 5. (Community Infrastructure. Facilities and Services, NOTE: Add additional policy: "Encourage entrepreneurial reuse of collected recycled items. infrastructure. Facilities and Services GOAL: Water -Resource management, item 1. NOTE: Strategic approach needs to include funding options. (See Note on Neighborhoods.) GOAL: Storm Water and Drainage System, item 4 NOTE: Change "Review the creation of a more equitable billing system" to "Create a more equitable billing system." GOAL: ADA compliance, item 7 NOTE: The ADA is 25 years olds; perhaps the word "quickly" or "immediately" should be added. Add an item, Conduct an audit to identify remaining non-compliant spots. Future land Use. Zoing, and Urpan Design GOAL: Annexation plans. Item 6 NOTE: Until our current roads are all in good order, and our infrastructure/utilities are in good order, no annexation should take place. Recently annexed land in Chapman Ranch area should be de -annexed. GOAL: Environment and Resilience. NOTE: Preserve and protect "local watersheds and other" environmentally sensitive land and water. (Add local watersheds and other) GOAL: Future Land Use map. NOTE: De -Annex the Chapman Ranch area, and delay planned development on the South Side. FEMA maps, transportation issues and large amounts of infill property all provide support Stewardship and Implementation of the Plan GOAL; Regular public review. NOTE: Very likely the only people who will attend are those who benefit financially; somehow the new planning department needs be supported in their efforts to follow this plan, perhaps by providing incentives to those in the industry who will be most helpful by assisting and not resisting. GOAL: Funding NOTE: Have a grant writer, who works with other City grant writers, dedicated to finding and securing grants related to PLAN2035 Additional Letters Page 26 of 26 Mark Ups Included Plan CC Comprehensive Plan 2035 KEY Planning Commission Recommendation IPC #1 1 > 10/13/2015 City Council Public Hearing Recommended Change 110/13 Public Comment #1 1 > Council Member Recommendation Council #1 1 > PLAN CC COMPREHENSIVE PIAN 2O CITY OF CORPUS CHRISTI, TEXAS 1 JULY 2015 Plan CC Comprehensive Plan 2035 ,_PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS I ADOPTED XXXX 2015 Acknowledgements ■ Corpus Christi City Council, 2014-2015 ■ Plan CC Citizens Advisory Committee ■ Mayor Nelda Martinez ■ City Manager Ron Olson ■ City staff members THANK YOU to the residents, neighborhood and business leaders, community advocates, and stakeholders who participated in creating this Comprehensive Plan by attending public meetings and engaging with one another, by sharing your experience and knowledge of Corpus Christi in interviews and meetings with the planning team, and by expressing your commitment to Corpus Christi's future. Everyone can be part of putting this plan into action! PLAN CC TEAM > Goody Clancy, prime consultant > Stantec Urban Group, technical lead > Peter Kwass Consulting, economic development > W-ZHA, commercial market analysis > Zimmerman/Volk Associates, housing market potential > TischlerBise, cost -of -services analysis > Kailo Communications Studio, public outreach ORDINANCE WILL APPEAR HERE AND ON THE NEXT PAGE. PAGES WILL BE ADDED AND LAYOUT ADJUSTED AS NEEDED. PLAN CC COMPREHENSIVE PLAN 20351 J ORDINANCE CONTINUES HERE IF NEEDED. 4 1 PLAN CC COMPREHENSIVE PLAN 2035 Element 1 A VISION AND GUIDING PRINCIPLES FOR CORPUS CHRISTI'S FUTURE • Our Vision • The Principles 9 10 Element 2 MD BLUE: NATURAL SYSTEMS, PARKS & RECREATION • Vision 12 • Goals and Policies 13 Element 3 RESILIENCE AND RESOURCE EFFICIENCY • Vision • Goals and Policies Element 4 HOUSING AND NEIGHBORHOODS • Vision • Goals and Policies Element 5 DIVERSIFYING THE ECONOMY AND STRENGTHENING THE WORKFORCE • Vision • Goals and Policies Element 6 GETTING FROM HERE TO THERE: TRANSPORTATION AND MOBILITY • Vision • Goals and Policies teinenc raua" ""'ITY INFRASTRUCTURE FACILITIES A" C • Vision • Goals and Policies 16 17 19 20 22 23 26 27 29 30 Element 8 FUTURE LAND USE, ZONING, AND URBAN DESIGN • Vision 32 • Goals and Policies 33 • Plan CC's Land Use Priorities 33 • Map: Planning Districts 34 • Map: Existing Land Use 35 • Future Land Use Categories Explanation 36 • Map: Citywide Future Land Use 39 • Maps: Future Land Use by Planning District A. Downtown Planning District Future Land Use 40 B. Westside Planning District Future Land Use 41 C. Midtown Planning District Future Land Use 42 D. Southside Planning District Future Land Use 43 E. Flour Bluff Planning District Future Land Use 44 F. Padre/Mustang Planning District Future Land Use 45 G. CC Airport Planning District Future Land Use 46 H. Northwest Planning District Future Land Use 47 I. Chapman Ranch Planning District Future Land Use 48 Element 9 STEWARDSHIP AND IMPLEMENTATION OF THE PLAN • Goals and Policies 50 PLAN CC COMPREHENSIVE PLAN 20351 IZLAN CC COMPREHENSIVE PLAN 2035 A Vision and Guiding Principles for Cornus Christi's Future Plan CC is a new kind of comprehensive plan for Corpus Christi. It has a 20 -year time horizon and includes a vision for the future and goals and policies for an integrated series of elements that affect decision making about the physical development of the city. The plan provides direction for the city as a whole and will be followed by area development plans that provide more detailed direction for specific parts of the city while reflecting the overall vision and goals of the citywide plan. This comprehensive plan for the next 20 years is not a prediction of what will happen by 2035, nor is it a 20 -year projection into the future. It is a plan. It is designed to guide the city to take advantage of opportunities, invest in the future, and make choices that result in higher quality of life and a more diversified economy. PLAN CC COMPREHENSIVE PLAN 20351 Corpus Christi stands poised for a once -in -a -generation opportunity for transformative growth. The city has long experience with the booms and busts characteristic of the energy economy. Since 2011, the city has enjoyed the benefits of the Eagle Ford Shale boom, but this time Corpus Christians want to use the boom to establish long-term, sustainable economic growth and enhance quality of life for everyone. Developing a vision statement is an essential early step in creating a comprehensive plan. Vision statements and accompanying principles focus attention on a community's values, sense of identity, and aspirations. The vision statement tells a story and paints a picture of an ideal future in 2035. The principles are based on precepts that are important for guiding the comprehensive plan itself and its implementation. In public meetings around the city, interviews, and website commentary, citizens articulated their desires and hopes for an ideal future. The experience of creating the Plan CC vision and principles showed that citizens from different parts of the city and from all walks of life share many values and hopes about the kind of future they want for Corpus Christi. 8 1 PLAN CC COMPREHENSIVE PLAN 2035 , ' Corpus Christi is a thriving community with a strong, diversified economy, a high quality of life for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. > Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, the military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. > Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure, and utility systems—including streets, drinking water supply, wastewater, and stormwater management—have been modernized over the last 20 years to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. > High-quality, safe, connected, and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable at every income level for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. > Stewardship of our natural heritage and green -space networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. Corpus Christi in 2035 is a unique place to live, work, study and play—prosperous and full of opportunity, well-run and welcoming, livable and affordable, a lively urban center and a waterside playground—one of the most enterprising and forward-looking cities in Texas. 0 CPo� PLAN CC COMPREHENSIVE PLAN 20351 (f) N Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and agrants in order to create critical mass that supports enhanced choices in housing, transportation, retail and services. This critical mass will then stimulate self- sustaining activities. U Q) infrastructure. Be cost-effective. Establish cost-effective best practices and systems to support ongoing city services and Act transparently. Pro- mote civic engagement and keep everyone with a stake in the city's future informed about communi- ty conditions, options, and opportunities to participate in decision making. ACTION rte' NA. ,5 W1 Be accountable. Establish action plans with time lines and responsible parties, as well as systems for regular public review of the implementation of the comprehensive plan. Pursue goals through partnerships. City government alone cannot implement the comprehensive plan. Collaborative partnerships with regional groups, agencies, businesses, institutions, nonprofits, and citizens are critical to effective implementation. =ILIAoRnyf 44, to, I�� Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. 10 1 PLAN CC COMPREHENSIVE PLAN 2035 Pursue high-quality development. Make public investments a model of excellent design and Ihe function and establish high quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. Promote good health. Create policies and physical conditions that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and mcdical health care..010/13 Public Cc mment #1 Prepare students for good jobs by keeping the focus on educational j LA achievement. 21st -century r :Ari jobs increasingly require a post -secondary education, like associate's or bachelor's degrees or a technical credential. A skilled and well-educated workforce will attract new investment. Support diversity. Establish policies and strategies that support physical, social and economic diversity in individuals, households, business, and living conditions. These will strengthen the city's ability to attract and retain people throughout the life cycle and across the income range and to create environments that support enterprises of all kinds—from microbusinesses and start-ups to major industries. Green and Blue: Natural Systems, °arks & Recreation Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, expand networks of green corridors, improve green infrastructure and expand public access to diverse, high- quality recreation opportunities. PLAN CC COMPREHENSIVE PLAN 2035 1 11 1 if 1 Stewardship of our natural heritage and greenspace networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. Plan CC's Vision for s T 7 N ra 7 7.111 11PLAN CC COMPREHENSIVE PLAN 2035 PC #1 Goals and Policies GOALS 1 • • •1M:api oR 61,:= Natural S stems 1. Corpus Christi Bay, the Nueces River, Oso Bay, Oso Creek, and other water resources meet or exceed federal and state quality standards, provide environmentally healthy aquatic and wetland habitat, and swimmable. meet EPA water quality standards for their specific designated uses. 2. Wetland areas are protected or effectively replaced so that there is no net loss of wetlands. 3. Important natural areas, such as bird breeding sites, are preserved and protected as usable habitat networks with ecological integrity. 4. The city has a network of green corridors including Oso Creek, drainage ways, medians and street trees, parks, and urban wilds to enhance connections for birds and other wildlife. 5. Natural barrier -beach environments are protected. • • • • • Support initiatives to ensure that it is always safe to swim at public beaches on the bay and on Padre and Mustang Islands. Support initiatives to improve water quality so that shellfish beds are open thr ugh ut the city and can thrive throughout the Bay. Support programs to manage the balance of fresh and salt water in the estuary. Support initiatives to preserve wetlands in the estuary. Support creation of a wetlands mitigation bank, if feasible. • Support initiatives for preservation of bird rookeries and similar critical habitat sites. • Continue to support and protect nature preserves. • Promote ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. • • • • • Give priority to natural, green drainage systems for storm water management. Give priority to strengthening the green character of existing open spaces. Secure protection of the Oso Creek corridor through implementation of a linear park along Oso Creek. Coordinate storm water management with trails and green network projects. Support continued enforcement of regulations that protect barrier beaches. Urban Fo 6. Native and other trees adapted to the environment provide shade along major streets and in parks and other public spaces. • Promote tree preservation and tree planting on public and private property. • Support creation of "adopt a tree" programs. • Give priority to diverse native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long-term, drought -tolerant survival. • Support a full urban forestry program with appropriate staff within the Parks and Recreation Department. IPC #4 1 110/13 Public (Comment #4 PLAN CC COMPREHENSIVE PLAN 20351 7. Corpus Christi has a network of attractive, safe, and well-maintained parks that provide shade and other amenities, are well -used by the public, and meet the diverse needs of the population. PC #9 I >8. Parks, beaches, recreational areas, and other green public spaces are of high quality and are well- maintained. 10/13 Public Comment #5 ■ Promote strategic implementation of the 2012 ten- year Parks and Recreation Master Plan (PRMP) to support comprehensive plan goals. ■ Update the PRMP every ten years. ■ Support cost-effective redesign to ensure that parks are safe and provide sufficient shade. ■ Provide adequate resources for basic maintenance and operation of all parks, beaches, recreational facilities, and other green public spaces, as F—IPC #91 discussed in the PRMP, and for enforcement of City regulations that portect the quality of these public spaces. Continue to seek partnerships and sponsorships to support park enhancements and maintenance. ■ Incorporate sustainable maintenance practices. > • 9. Corpus Christi offers residents an array of opportunities for water-based recreation. 14 1 PLAN CC COMPREHENSIVE PLAN 2035 ■ Develop a plan for facilities and programs so that every resident has the opportunity to learn how to swim. ■ Seek partnership options to create community boating programs and education. Resilience and RPcniirrp-'ffirien Resilience and Resource -Efficiency focuses on the issues of resilience and resource efficiency, particularly energy. Resilience is not only the ability to respond to and recover from hazard events but also the ability to anticipate hazards and reduce overall vulnerability by adapting to changing conditions and promoting multiple lines of defense against hazardous events. The section on resource -efficiency focuses on expanding access to renewable energy sources and promoting efficient resource use through sustainable design. Water conservation is treated in the element Infrastructure, Facilities, and Services. PLAN CC COMPREHENSIVE PLAN 20351 Plan CC's Vision for • • Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. 16 1 PLAN CC COMPREHENSIVE PLAN 2035 Goals and Policies GOALS POLICIES FOR DECISION M 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 2. The City has a multiple lines -of - defense strategy for protection against flooding from coastal storm surges. ■ Support periodic review of resilience planning and implementation to adapt to changing conditions. ■ Promote public understanding of risk and the responsibilities of individual households, as well as city, state, and federal governments. ■ Promote implementation of regulations that protect barrier beaches and dunes. ■ Promote implementation of flood -protection measures throughout the city. TI 3. Government operations and buildings are models of resource -efficiency and renewable sources. 4. Renewable sources of energy, including solar and wind, and other energy -conservation strategies, are available to city households and businesses. 5. Green building techniques are used in new development and retrofits. 6. Reinvestment in existing communities conserves resources and sensitive environments. ■ Support a greenhouse -gas audit and use of renewable energy sources. ■ Continue organizational and operational improvements to maximize energy and resource - efficiency and reduce waste. ■ Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. ■ Expand the use of renewable energy sources for City operations. ■ Promotc making Make renewable- and clean -energy options available to homes and businesses. ■ Ensure residents and businesses are aware of the energy options available to them. ■ Promote green building through awards and nonfinancial incentives. • Support the Coastal Bend Green Built program or any equivalent program as the green building standard for residential development and promote LEED (Leadership in Energy and Environmental Design) standards or the equivalent for non- residential building. • Support building and site designs that take advantage of renewable resources such as prevailing winds, sunlight, shade trees, etc. to reduce energy consumption. • Support clean-up and adaptive reuse of brownfields. PC #64 & 2nd Round Public Comment #13 ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. ■ Encourage urban farming and community gardens to promote access to local food. 1 0/1 3 Public Comment #6 PLAN CC COMPREHENSIVE PLAN 20351 Housing and Neighborhoods Housing and Neighborhoods focuses on three issues: overall access to a diverse supply of quality housing; investment in the quality of life in established and new neighborhoods; and promoting community identity and sense of place. Housing goals and policies focus on meeting the diverse needs of households at all income levels and all life -cycle stages, reducing chronic homelessness, and ensuring that all housing is code -compliant, in good condition, and resource -efficient. Goals and policies for neighborhood improvement include support for established neighborhoods, mixed-use urban villages, and more connected neighborhoods. 18 1 PLAN CC COMPREHENSIVE PLAN 2035 Plan CC's Vision for 4, S <. L t S L S 4' t L I I LW I I, High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new live -work - play neighborhood downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable across the income scale for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. PLAN CC COMPREHENSIVE PLAN 20351 .0 Goals andPolicies GOALS POLICIES FOR DECISION MAKERS 1 "011111m1 "11 1. Corpus Christi has a comprehensive housing policy to PC #10I > e advise the City on development of quality neighborhoods. PC #16 I 2. Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle, including affordable housing. 3. Chronic homelessness is significantly reduced. 4. All housing is in good condition and code -compliant. 5. New and redeveloped housing is resou rce-efficient. • Support a community-based system to develop and implement a citywide housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. • Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types—rental and ownership, market -rate and assisted—to meet community needs. • Provide proactive city leadership in planning and implementing homelessness policies. • Support effective, efficient, and sensitive code enforcement that focuses on compliance. • Ensure that City -assisted housing, whether new or rehabilitated, is resource -efficient. • Promote resource -efficiency in all new housing through non-financial incentives, such as permit streamlining. Neighborhoods 6. Corpus Christi sustains and maintains established neighborhoods. PC #17 7. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life. 10/13 Public Comment #2 • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. • Support enhanced code enforcement and campaigns to address litter issues. • Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods and keep them safe and free from crime. • Focus public investments—physical, environmental, functional, and social—to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. • Locate public facilities, civic, and cultural uses within or adjacent to neighborhood commercial districts to act as anchors where feasible. • Coordinate among city departments and with the Housing Authority, school districts, county, state and federal agencies on the location of new facilities and the disposition of properties. • Support programs and regulations that help create livable communities for the aging population. IPC #14 k afria►ira-:. •caa��E=i.v1�Ya.�r=z•3i3� r•�- PC #12 I 1 8. The design of new developments promotes a broader sense of neighborhood and community rather than creating apartment—complexes developments with a lack of interconnection. 20 1 PLAN CC COMPREHENSIVE PLAN 2035 • Support regulations and guidelines that promote interconnected development. • Ensure that safe pedestrian and bicycle < PC #15] faciliticc routes are available in new and redeveloped areas. • Encourage unobtrusive parking solutions. Diversifying the Economy and Strengthening the Workforce The Economic Development and Workforce goals focus on diversifying Corpus Christi's economy and supporting well - paying jobs by building on existing industries, promoting innovation, and growing new sectors. Key elements to support diversification include retaining and attracting firms, cultivating an "entrepreneurial ecosystem" that supports small businesses, attracting talented professionals, and ensuring that students and unemployed or underemployed workers are adequately prepared to find and maintain employment. In addition to building on important long-time sectors like oil and gas and tourism, this element stresses the potential of assets such as higher education research and military bases to bring entrepreneurial energy and more 21st - century jobs to Corpus Christi. PLAN CC COMPREHENSIVE PLAN 20351 Plan CC's Vision for Economic Development Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. PLAN CC COMPREHENSIVE PLAN 2035 AIM Goals and Policies 1•111-- POLICIES FOR DECISION MAKERS 1. Corpus Christi has a diversified economy of well -paying jobs that builds on existing industry strengths and technological innovation. 2. Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. 3. Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. PC #18 • Leverage the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. • Support market diversification by the tourism industry. • Promote expansion of public and private research activity in the region that offers the potential for the development of new products and the emergenceofnewindustries. • Develop and maintain strong lines of communication between local government and businesses to ensure timely response to business needs. • Ensure that business taxes, fees, and regulations are reasonable and equitable. • Make regulatory processes efficient and transparent. • Providefinancialincentivesjudiciouslyforbusiness investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. • Increase the availability of technical and financial resources essential to entrepreneurship. • Foster the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. • Maintain transportation and utility infrastructure in good repair and make additional modernization investments as necessary in a timely manner. • Foster a community culture that recognizes and embraces innovation and entrepreneurship. • Invest in the resources and capacity that support new venture startup and growth. • Encourageyouthtodevelopentrepreneurial talents. • Develop partnerships with local colleges/universities, industry, and business organizations to promote and use existing and new entrepreneurial programs. PLAN CC COMPREHENSIVE PLAN 2035 1 23 POLICIES FOR DECISION MAKERS 4. Corpus Christi is a community of choice for talented entrepreneurs and professionals. • Foster a community culture that embraces diversity, values new ideas, and welcomes new residents. • Create a strong, positive image for Corpus Christi, both internally and externally. • Strengthen community institutions and amenities that provide a high quality of life. • Provide positive incentives for highly skilled individuals who have other locational choices to settle in Corpus Christi to pursue their careers. 5. Unemployed and underemployed workers have access to training and support services that enable them to improve their employment status and qualify for jobs offered by local employers. • Ensure that career training programs and other workforce development services are aligned with employer needs and responsive to changing employer demand. • Support an easily accessible and seamless service delivery system for jobseekers. • Promote provision of essential support services, such as childcare, transportation, and substance abuse counseling, that enable workers to seek and maintain employment. • Promote a balance between responding to immediate labor force needs and planning for longer-term changes in the labor market. PC #19 6. Every student completes his or her education, whether high school or college, with the skills needed to enter awell-paying career. • Make school completion a high civic priority with broad community support and engagement. • Promote partnerships and encourage integrated early childhood services—incorporating cognitive, intellectual and emotional development, health, and family social services—to ensure that children entering school are ready to learn. • Promote provision ofa range of age-appropriate career exploration and experience opportunities for children, beginning atthe elementary level. • Promote alignment of education, including school boards and workforce development agencies, with the needs of local industry. 24 I PLAN CC COMPREHENSIVE PLAN 2035 Getting From Here to There: Transportation and Mobility Transportation and Mobility focuses on improving Corpus Christi's transportation infrastructure and systems, including expanding mode choices to encourage biking, walking, and public transportation while maintaining the roadway system for long-term effective use. Integrating land use and transportation planning, along with support for aviation, rail freight and shipping from Corpus Christi, are key goals for the future. PLAN CC COMPREHENSIVE PLAN 203525 Plan CC's Vision for 4 People can get around the city by multiple mo es o transportation—connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. City services, infrastructure and utility systems—including streets—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best • ractices in a cost-efficient manner. dal 21 PLAN CC COMPREHENSIVE PLAN 2035 Goals and Policies 1. Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians, public transportation, aviation, shipping, trucks and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, and sustainable development patterns. 2. Corpus Christi's street system is maintained to standards for long- term effective use. 3. Improve the design and function of neighborhood collector and local streets. 4. Corpus Christi has a convenient and efficient public transportation system. 5. Corpus Christi International Airport is the aviation gateway to the Coastal Bend and supports economic development. 6. Support and enhance continuing national freight rail service from Corpus Christi. 7. Promote and support a plan for a second access on and off Padre Island. • Support a multimodal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths.< 110/1 • Supportcompliancewithtransportation design Co standards. • Supportthe development of mode -choice corridors for bicycles, pedestrian and publictransportation. • Support and coordinate with the Corpus Christi Metropolitan Planning Organization's projects, plans and initiatives. 3 Public nment #3 E • Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. • Support adequate and balanced funding sources for long-term operation and maintenance of the street network. • Integrate transportation and neighborhood planning with utility infrastructureplanning\S— #27 PC# Roui #13 • Promote lower vehicular speeds and bicycle/ pedestrian use on neighborhood streets. • Consider Create a reconstruction program for local streets. PC • Support continued implementation of the Corpus Ro Christi Regional Transportation Authority Long- Co Range Strategic Plan to prioritize funding to increase ridership and reduce single -occupancy vehicle use. Support an operations plan to increase the efficiency and lower the life -cycle costs of the publictransportation system. Support transit -oriented development (TODs) near public transportation stations. Continue to implement the Airport Master Plan. 29 and from 2nd d Public Comment • • • • #29 and from 2nd and Public mment #13 Support enhancements to airline service. IPC #22 • Support enhancements to rail service essential to the city's economic success. • Minimize delays and improve safety at at -grade railroad crossings. PC #30 and from 2nd Round Public Comment #27 PLAN CC COMPREHENSIVE PLAN 2035 1 27 Community Infrastrur Facilities and Service Infrastructure, Facilities, and Services focuses on the improvement of long-term water supplies, water security, waste -water treatment, solid waste disposal and storm water and drainage systems through cost-effective and environmentally sustainable initiatives. Proposed improvements focus especially on long-term planning that integrates management strategies to meet or surpass regional and state goals and standards. 28 1 PLAN CC COMPREHENSIVE PLAN 2035 Plan CC's Vision for TAA iAAN AAAA i A.&A/AAA EiN AA 7A�A AA • NAA.,1 CAAAA.A AIS Ark Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure and utility systems—including streets, drinking water supply, wastewater, and storm water management—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost - PC #33 - Replace with a more communicative photo PLAN CC COMPREHENSIVE PLAN 20351 PC #35 Goals andPolicies 1. Corpus Christi has an integrated, sustainable water -resource management program that provides a long-term supply of the right water for the right use—drinking water for residents and processed water for business and irrigation—while ensuring the integrity of environmental systems. • Develop and maintain integrated water -management strategies of surface, reuse, conservation, aquifer storage and recovery and desalination. • Support a water system and management master plan to meet demand through the year 2060. • Continue implementing the city's water - conservation plan. • Support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development in targeted areas. 2. Corpus Christi has long-term water security that exceeds state water quality requirements. PC #32 • Provide a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. Maintain and improve existing water infrastructure, including the incorporation of newinnovative and cost effective technologies where appropriate. Support efforts to find a regional solution to the water supply. Council #3 I > 3. Corpus Christi has a cost-effective and environmentally sustainable wastewater -treatment system that supports existing development and accommodates future growth. • Support improvements to meet state and federal standards. • Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. Promote natural drainage approaches ("green infrastructure") and other alternative non- structural and structural best practices for managing and treating storm water. • Promote reduction of pollutants and itterin the Bay by reducingstormwaterdischarges. • Promote economic development by reducing potential losses due to flooding and water -quality degradation. • Review the creation of a more equitable billing system for storm water services. 4. Corpus Christi has a storm water and ■ drainage system that is environmentally and economically sustainable. 10/13 Public Comment #7 > 5. All residences and businesses have a dependable, environmentally safe means to dispose of solid waste. 6. The City maintains all municipal buildings and facilities for long-term use. 7. Buildings, facilities and open spaces, both public and private, comply with all laws and regulations regarding accessibility as required AIDA- fArne-r-i-eafts-witig-lai.sabilities-Aety stan-elar-dc. 8. Corpus Christi has state-of-the-art broadband and telecommunications services. 9. The city's electric grid is protected and resilient. 30 1 PLAN CC COMPREHENSIVE PLAN 2035 • Continue providing city and regional waste - management services. • Continue to maximize landfill capacity by supporting recycling that meets or exceeds state and regional goals. • Support investment in an asset -management system. • Continue to invest in best practices for long- term, life -cycle energy and resource efficiency in improvements, renovations, or new facilities. • Support programs to meet all outstanding ADA deficiencies in publicfacilities. • Make ADA accessibility information available to the public. • Seek provision of high-speed Internet and telecommunications access to all residents and businesses. • Work with electric service providers to upgrade the grid and put it underground. Future Land Use, Zoninq, and Urban Desiqn Every comprehensive plan contains an element on future land use and a future land use map. The Future Land Use, Zoning, and Urban Design element sets forth the policy framework for the physical development of Corpus Christi over the next 20 years. It is the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future. The future land use map is not a zoning map but provides the foundation for zoning. It guides land -use decision makers when they are called upon to exercise their discretion in making rulings on rezoning and similar issues. PLAN CC COMPREHENSIVE PLAN 20351 Plan CC's Vision for it 1• • L 9 • • 1 FROM THE VISION: Corpus Christi's growth has revitalized older parts of the city and established new neighborhoods in the south side and northwest areas; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development.... FROM THE PRINCIPLES: • Pursue high-quality development. Make public investments a model of excellent design and function and establish high- quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. • Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, and retail and services. This critical mass will then stimulate self-sustaining activities. I PLAN CC COMPREHENSIVE PLAN 2035 PC #36 Goals and Policies 1 1. Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. 2. Downtown and mixed-use urban and neighborhood villages provide walkable environments and new housing options. 3. Public and private developments demonstrate high standards of design. 4. Regulations to protect military and civil- ian airfield and airport use are in place. 5. Transitions from residential enclaves to non-residential uses have occurred in industrial and aviation special districts. 6. Annexation plans provide for orderly growth in the southern ETJ and indus- trial agreements in the northern ETJ. POLICIES FOR DECISION MAKERS • Protect and enhance stable residential neighborhoods. • Promote revitalization and redevelopment of older neighborhoods. • Support creation of a City redevelopment authority or similar agency. • Support planning to create urban and neighborhood villages. • Adopt design standards and guidelines that result in high-quality built environments. • Adopt regulations consistent with the recommendations of the Joint Land Use Study. • Support city involvement in setting up a fair transition process. • Adopt policies and regulations that ensure orderly development in annexed areas. PC #44 Housing and Neighborhoods • Preserve and support the character of stable residential neighborhoods. • Encourage residential infill development on vacant lots within or —4/adjacent to existing neighborhoods. • Locate Promote the location of multifamily development where there is nearby access to retail, services, and public transportation, such as in mixed- use centers or urban villages. • Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. • Avoid locating small areas of residential uses where they will be surrounded by intensive commercial or industrial uses. Mixed -Use Centers • Promote residential and mixed-use development downtown. Provide for Promote compact and walkable mixed- use urban villages that concentrate retail and services within walking distance of neighborhood residences and where PC *LI they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit - ready" locations. • Provide for Promote neighborhood villages — smaller mixed -used areas to r concentrate neighborhood -serving retail and services along with some residential development. Efficient Development Patterns • Locate new residential developments adjacent to and connected to existing development. • Where applicable, Avoid "leapfrog" <— avoid scattered site development that locates subdivisions far from other residential areas. • Avoid development that is incompatible with the operation of military airfields and the airport. = Use annexation powerscombined < with minimum lot size in zoning and infrastructure policy to promote orderly and efficient development in the ETJ. • Locate heavy industrial uses close to one another and to services for industrial uses. Environment and Resilience • Preserve and protect watersheds and other environmentally sensitive land and water. • Preserve land around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. • Avoid development without resilience measures and mitigation in areas vulnerable to hazards. C N CD PC #46 PC #47 10/13 Public Comment #8 PLAN CC COMPREHENSIVE PLAN 2035 1 33 34 1 PLAN CC COMPREHENSIVE PLAN 2035 G la I rt U0 Conservation/Preservation 1 0 •• • a 0 o a m a u o E y T J C E • T 7 E 3 ▪ o U w U 1,1 JI Transportation PLAN CC COMPREHENSIVE PLAN 203535 re Land Use Definitions RURAL USES Agriculture/Rural Enterprise This category includes farms and other enterprises that serve the rural population, such as convenience retail and gas stations, agricultural suppliers, and so on. Uses include: • Single-family homes on very large lots or associated with rural enterprise uses • Agricultural uses • Vacant land that has not previously been developed • Small business clusters that serve a rural population RESIDENTIAL USES The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. Instead of a general residential category, the Future Land Use Map for Plan CC designates density levels for single-family housing duplexes, townhouses, and a separate land use category for multifamily development and fef mixed- use development, which can include housing. The— purpose of this approach is to show multifamily housing locations. All residential categories also include schools, churches, and neighborhood -serving public uses. Where small enclaves of residential uses are surrounded by existing orplannedlight- industrial or intensive commercial uses, rezoning shouldnot perpetuate or enlarge these enclaves. Staff changes to this section are for consistency with PC #49 oin..l . msyPC #49 • Low-density single family residential: up to X3 units per acre • Medium -density residential: 5 to 12 4 to 13 units per acre (including two-family dwellings) • High-density residential: more than 4-2 13 units per acre Multifamily • Multifamily developmentcanrangefromsmall apartment buildings with three or four units and townhouse developments to large apartment buildings. • Smaller buildings of no more than three stories can coexist withneighborhoods ofpredominantly single-family housing, preferably located at intersections or on collector streets. • Preferred locations for larger buildings include downtown and downtown -adjacent areas, locations within a walkable distance of urban village cores, and transportation and transit corridors. COMMERCIAL USES Commercial landuses include retail and office uses that are typically open to the public at large. Other commercial uses, such as wholesale and distribution businesses, are included in the light industry category because they have similar impacts, such as high volumes oftrucking. In Corpus Christi, 60 percent ofretail development is located in the SH358/South Padre IslandDrive corridor. The concentration of retail and other commercial businesses in this corridor is unlikely to change, particularly because so much of it is located on frontage roads to the highway. The desired change is for redevelopment and transformation of this commercial area into higher -value and more attractive development with higher design standards. Schools, churches, and neighborhood -serving public uses can be included in commercial land use areas. Zoning can distinguish among different types of commercial development including: Neighborhood Commercial • Areas for neighborhood retail and services that meet the day-to-day needs of residents and workers of surrounding neighborhoods (typically within a 3 -mile radius) with a range of uses such as smaller grocery stores, banks, restaurants and services such as small professional and health offices, barber/ beauty shops, dry cleaners, and so on. • These areas are accessible by automobile with sufficient parking, but also should be designed to accommodate pedestrian and bicycle access. General Commercial • Commercial areas serving a citywide orregional trade area, including shopping and entertainment centers that offer a range of retail and service establishments, includinglarge supermarkets, department stores, movie theaters, big box stores, and supporting retail andprofessional services. • Office buildings or office uses on upper stories. • Leisure and entertainment uses. • General commercial areas are generally accessed by auto, but these properties should be designed to accommodatepedestrians andbicyclists, provide interior circulation between properties, and use appropriate landscaping to counter heat island and stormwater-management impacts. 36 1 PLAN CC COMPREHENSIVE PLAN 2035 PC #37 INDUSTRIAL USES Most of the industrial uses within the city limits of Corpus Christi are light industrial; heavy industry is located in the ETJ industrial districts. Light Industrial • Light industrial and office uses, potentially in "business park" settings, andtypically nearmaj or transportation routes and services including highways, railroads, andairportfacilities. • Light industrial uses typically produce consumer or end-user goods, require limited amounts ofraw materials and energy, and are small- to medium - scale in size Examples include foodprocessing, furniture manufacture, and consumer electronics. • Small-tomedium-sizedwarehouse and distribution uses. • Urban agriculture to produce a mixture of foodstuffs for sale • Supporting uses, such as minor retail and services that support the major uses. Heavy Industrial • Heavy manufacturing andlargewarehousing and distribution facilities. • Heavy industry is capital-intensiveandgenerally sells to other industries rather than to final consumers. • Uses that require significant truck traffic and/or rail connections. • Supporting uses such as minor retail, services, and offices connected to the industrial use or serving an industrial park. • Certain public uses, such as landfills, that have an industrial character and impact. TRANSITION DISTRICTS Special I-37 Transition District The Special I -37 Transition District covers the residential uses west of the alignment of the new Harbor Bridge and north ofl-37, such as Hillcrest andDonaPark. Locatedclosetooilrefineries and otherindustrial establishments, theseneighborhoods have long been concerned about environmental pollution and contamination andhave been losing population. The constructionofI-37 cutthemofffrom neighborhoods to the south. The Transition District designation indicates that over time the residential uses should leave this relocate to another area and the designatedland use shouldbecomelightindustrial or abufferuse (offices, supporting uses) within aheavy industrial district. The existingresidential population includes both owner -occupants andtenants, predominantly low- income. The transition should take place overtime within a framework that provides fair compensation and assistance to residents in moving to other parts of the city. PC #62 and from 2nd Round Public Comment #1 SpecialAviation TransitionDistrict The Special Aviation Transition District is also a district for transition from residential to non- residential uses, but for a different reason. NAS -CC and the City prepared and adopted a Joint Land Use Study (JLUS) in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. For NAS -CC, this means avoiding residential land uses and other concentrations ofpeople between the military installation and South Padre IslandDrive. Implementing this recommendation ofthe JLUS is particularly important for NAS -CC, one ofthe most important employers in Corpus Christi. The federal government is expected to begin another evaluation ofpotential base closings in 2017, and efforts to implement the JLUS will help secureNAS in Corpus Christi. Like the I-37 Transition District, the Aviation Transition District is home to a low- and moderate - income population of owner -occupants andtenants and the transition process is likely to take many years. A process providing for fair compensation and assistance should be put in place for this arm as well and could involve reimbursement programs run by thcFedcralAviationAdministration. MIXED-USE AREAS Mixed-use centers, ranging fromvibrant downtown environments to active urban villages, include residential, retail, and office uses. Mixed-use centers are pedestrian -friendly and provide concentrated population and activity centers that can support enhanced transit. The mixture can be vertical, with uses on different floors of abuilding, and horizontal, with different uses side by side, and include multifamily, townhouse, cottage and small -lot single-family residential, retail and services, offices, hotels and live/work structures. Buildings should be oriented to the street, with active ground -floor uses that provide easy pedestrian access. Parking should be located in the rear of the lot or to the side where PLAN CC COMPREHENSIVE PLAN 2035 137 lots are shallow, or in parking structures. Shared parking districts can make parking more efficient and benefit the entire district. Uses that require large amounts of trucking are not suitable for mixed-use areas. Churches, schools andpublic uses are included inmixed-use areas. Plan CC has one mixed-use landuse designation that includes three types of mixed-use districts, which can be distinguishedthrough zoning or overlay districts: • Downtown: Downtown is the largest center of pedestrian -oriented, mixed-use activity, with both vertical andhorizontal mixture ofuses, including housing, offices, ground -floor retail, services, restaurants and entertainment, cultural amenities, and so on. The mixture of uses creates avibrant 18- to 24-hour, 7 -day -a -week live -work -play environment. • UrbanVillage:UrbanVillages are medium- sized walkabl e centers that cover multiple blocks, include ground -floor stores and restaurants and upper -story offices, and typically have public transportation stops or stations. The types of stores, restaurants, and other amenities serve residents in the surrounding neighborhood and attract people from other parts of the city. • Neighborhood Village: Neighborhood Villages are smaller, walkable, mixed-use villages that can be as small as a few blocks around an intersection. They primarily serve the surrounding neighborhoods with retail and services. • A "collegetown" is a type ofUrban Village, with retail, services, entertainment, and (often) housing, that is oriented toward the needs of students and located near a university or college or student-orientedhousing. OTHER INSTITUTIONAL Hospitals, colleges, universities, and similar institutions, whether public or private, are designated as separate land uses because of their campus -like character, which requires special attention to edges and relationships with adjacent areas. GOVERNMENT Government uses include federal, state, county, regional andmunicipal government facilities and installations, except for government-owned institutions. PERMANENT OPEN SPACE Parks andplaygrounds, recreational fields and facilities, greenways, and other green areas managed for public access and recreation FLOOD PLAIN CONSERVATION Landswithinthe 100-yearfloodplan,preferably preserved for environmental reasons TRANSPORTATION Airports, railroads, highway and interstate rights-of-way. PLANNED DEVELOPMENT AREAS Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan process. Key: Future Land Use Ma • facing page) Mixed Use AgriculturelRural Enterprise Commercial Government Institutional Heavylndustrial Lightlndustrial Low -Density Single -Family Residential Changes to the Legend will be made on each Future Land Use Map page 38 1 PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density i Sngomy a -Family Residential x = Multifamily High -Density Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space PC #49 and 2nd Round Public Comment #13 A 1:J D Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction Planning District Central Business District Proposed Harbor Bridge Alignment PC #68 - Better distinguish Flood Plain Conservation from Permanent Open Space Future Land Use N N N N 0 PC #77 - Designate the land around the Ship Channel as Light and Heavy Industrial, matching the current adopted Future Land Use Map PC #65 - Overall, reduce the Flood Plain Conservation area by reverting to the area known as "Conservation/ Preservation" in the current adopted Future Land Use Map. This affects mostly land on the Laguna Madre and Oso Creek/Bay. Changes to the Legend will be made on each Future Land Use Map page (see page 38) PLAN CC COMPREHENSIVE PLAN 20351 Downtown Planning District Future Land Use FUTURE LAND USE Downtown Planning District =Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional ®Heavy Industrial 1 Light Industrial Low -Density Single -Family Residential 0 PLAN CC COMPREHENSIVE PLAN 2035 s Medium -Density Single -Family Residential High -Density Single Family Residential =Multifamily Residential =Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain I jCityLimit Extraterritorial Jurisdiction Planning District ^J Central Business District Proposed Harbor Bridge Alignment Changes to the Legend will be made on each Future Land Use Map page (see page 38) Westside Planning District Future Land Use FUTURE LAND USE Westside Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial MI Light Industrial Low -Density Si g=FamiyResidential Medium -Density Single -Family Residential ' Residential Multifamily High -Density Residential =Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space ILIPC #49 and 2nd Round Public Comment #13 Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction I] Planning District ^J Central Business District Proposed Harbor Bridge Alignment PC #68 - Better distinguish Flood Plain Conservation from Permanent Open Space PLAN CC COMPREHENSIVE PLAN 20351 Midtown Planning District Future Land Use hanges to the Legend will be made on each Future Land Use Map page (see page 38) 1PLAN CC COMPREHENSIVE PLAN 2035 all tU :11 kl I B1i1--1 Southside Planning District Future Land Use AmonBC 11011111166 PC #65 -- Reduce the Flood Plain Conservation area (revert to the area known as "Conservation/Preservation" in the current adopted Future Land Use Map. This affects land mostly on the Laguna Madre and Oso Creek/Bay. be made on each Future Land Use Map page (see page 38) P. 0011 11 =wa all ill :11 kl I Blil--1 PLAN CC COMPREHENSIVE PLAN 20351 Flour Bluff'Planning District Future Land Use TAMUCC Council #1 - Remove Turtle Cove neighborhood from the Transition Special Aviation District and designate the area as medium - density residential (4-13 units per acres) num .nnn AIII II.1111 E 111 -L ' _ I`IIEar iii o RouEOR Council #1 - Designate properties along Laguna Shores Road as commercial/multifamily according to the current adopted Future Land Use Map rather than as Flood Plain Conservation. (This is consistent with PC #65 n 0 0.5 1 1.5 Miles FUTURE LAND US Flour Bluff Planning District Mixed Use Agriculture/Rural Enterprise =Commercial Government —Institutional Heavy Industrial Light Industrial Low -Density i Snges �=Family Residential 44 L.PLAN CC COMPREHENSIVE PLAN 2035 • 2 Medium -Density Simile—Family Residential Multifamily High -Density Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space PC #49 and 2nd Round Public Comment #13 Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction I] Planning District ^J Central Business District Proposed Harbor Bridge Alignment PC #68 - Better distinguish Flood Plain Conservation from Permanent Open Space Padre/Mustang Planning District Future Land Use PC #73 - Add missing land masses and designate as medium -density residential PC #71 - Change to Planned Development PC #76 - Change to Planned Development PC #75 - Change to Planned Development PC #74 - Change golf course property to Permanent Open Space PC #67 - Change Cape Summer to Planned Development n PC #63 & 66 - Change to Planned Development PC #72 - Change to Mixed Use PC #70 - Change to Mixed Use 0 0.5 1 1.5 Miles PC #69 - Change to Planned Development FUTURE LAND USE Padre Island/ Mustang Island Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial Light Industrial Low -Density fi^ly Residential T PC #49 and 2nd Round Public Comment #13 Medium -Density Single -Family Residential ><' (=Multiianily-High-Density Residential =Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space Flood Plain Conservation Water 100 -Year Flood Plain I, City Limit Extraterritorial Jurisdiction MI Planning District ^J Central Business District Proposed Harbor Bridge Alignment PC #68 - Better distinguish Flood Plain Conservation from Permanent Open Space PLAN CC COMPREHENSIVE PLAN 20351 CC Airport Planning District Future Land Use hanges to the Legend will be made on each Future Land Use Map page (see page 38) 0011 O O 46 1 PLAN CC COMPREHENSIVE PLAN 2035 all tU :11 kl I B1i1--1 Northwest Planning District Future Land Use Changes to the Legend will be made on each Future Land Use Map page (see page 38) all tU :11 kl 19111` PLAN CC COMPREHENSIVE PLAN 20351 Chapman Ranch Planning District Future Land Use PLAN CC COMPREHENSIVE PLAN 2035 Changes to the Legend will be made on each Future Land Use Map page (see page 38) C O C O all tU :11 kl 19111` Stewardship and Implementation of the Plan This element focuses on implementation of the plan and has two sections. Thc first focuses on how to make Plan CC a "living" plan that is used, implemented, monitored and regularly updated, including organizational and incentive strategies to advance implementation. Thc second section provides a matrix of action plans that correspond to ouch of thc plan elements. Although there is more focus on actions that thc City of Corp - to implement thc plan, many actions will also need the participation of private sector partners. MP Administrative edits by staff since the July draft no longer includes an implementation matrix or action items. PLAN CC COMPREHENSIVE PLAN 20351 Goals andPolicies POLICIES FOR DECISION MAKERS 1. A new, long-range planning system is in place. • Establish a comprehensive plan system based on a twenty-year time horizon. • Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan. • Amend planning ordinances to reflect the new type of comprehensive planning system. 2. The comprehensive plan is subject to regular public review of progress. PC#51 1 > • Establish public reviewof progress in implementing the plan. • Review and update the plan on an annual basis, identifying short-, medium-, and long-term goals with specific objectives. 3. A new Planning Department is in place. 4. The City has enhanced and new tools to implement the plan. 5. Implementation of the comprehensive plan is incorporated in decision- making at multiple levels. 6. The City has expanded funding options to achieve the goals. • Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. • Make City programs and resources consistent with implementation of Plan CC. • Use incentives strategically to create a critical mass of improvements in designated areas. • Use the plan in preparing and approving other planning and implementation activities by City agencies. • Use the funding approach that fits the goal. • Build relationships with government funders and philanthropies. 50 1 PLAN CC COMPREHENSIVE PLAN 2035 PLAN CC COMPREHENSIVE PLAN 20351 11"6164 PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 ADOPTED XXXX 2015 Plan CC "1", Comprehensive Plan 2035 Pry cc COMPREHENSIVE PLAN 2035 November 17, 2015 CITY CHARTER PLAN CC VIMPRE KIIMVF NOS City Charter - Article V. - Planning Sec. 4. - The comprehensive plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. 2 Hierarchy of Plans I. Comprehensive Plan A. Area Development Plans 1. Master Service Plans a) Capital Improvements Plans b) Codes and Ordinances c) Operation and Maintenance Plans (Budgets) 2. Specific Plans (Neighborhood Efforts) Date of Last Update Background 0 PLAN CC • Issue: Long-term Plans Dated Comprehensive Plan Policy Elements 10 Area Development Plans 26 years old 5 19+ years old; 4 10+ years old Annexation Plan None Utility Master Plans Updates needed 6/21/1987 London 1987; Flour Bluff 1995; South East 1995; West -side 1995; South -side 2000; North West 2001; South Central 2004; Mustang Padre Island 2004 Background 0 PLAN CC • Fall of 2013 — Dissolved the Planning Department — Requested Statement of Qualifications to Obtain Planning Services via Contract — Budget limited to Planning Department Funding • $932,000/Year Background 0 PLAN CC 2935 • Selection Process: "Most Qualified" Professional Services 1 2 -Step Selection Process • Step la: Statement Of Qualification Submittals & Evaluation • Step 1 b: Presentation & Interviews/Q&A • Step 2: Contract Negotiations 1 2 firms submitted Statements Of Qualifications Background • Selected: Goody Clancy & Associates / Planning & urban design, architecture, & preservation firm / National Awards include: • 2013 Award for Excellence in a Planning Firm from American Planning Association • New Orleans post -Katrina comprehensive plan / Plans for: • Tyler, Texas • New Orleans & Shreveport, LA • Atlanta, Baltimore, Birmingham, Chicago, Columbus, Miami, etc. Expertise of Sub -Consultants Background 0 PLAN CC 2935 • Contract Awarded — February 11, 2014 ➢ Strategic Comprehensive Plan ➢ Downtown Area Development Plan ➢ Southside Area Development Plan: ➢ Scope to be defined & agreed upon after better understanding of issues during comprehensive plan work • Current Budget: — Plan CC - $957,487 — Downtown Area Development Plan - $417,560 Background 0 PLAN CC COMMUNITY ENGAGEMENT: so all can have ownership of the Plan What was Proposed. Created Citizen Advisory Committee (CAC) — Purpose: • Ensure that Plan CC is grounded in the values and aspirations of the people of Corpus Christi • Serve as sounding board and advisor to Planning Team • Review and comment on draft plan • Promote public participation — Membership: • Appointed by City Manager after obtaining input from City Council Members • 78 Representatives Background 0 PLAN CC ROBUST ENGAGEMENT PROGRAM Concentrated month of workshops: Districts and neighborhoods Citywide forum Digital outreach Survey piOUR CRY I OUR VOICE I OUR PLAN AYUDA A PLANIFI(AR EL FUWURO bv.(JOS PUBLICUS UL MIAM NPTI.• AIM 7F -i- — a-= What was Proposed. Outreach: — Stakeholder Interviews • Over 80 — Including City Council Members — Working Groups • 8 Meetings — City staff — Local "experts" — CAC Members — Public Meetings • 17 Meetings — Within Districts — City -Wide • On-line "town hall" Background REVIEW EXISTING PLANS Consistency with Vision and Principles, best practices, market opportunities. citywide framework What was Proposed. Plans reviewed — Existing Comprehensive Plan — Existing Area Development Plans — Master Service Plans • Utility Master Plans • Parks & Recreation Master Plan • Oso Parkway Plan • MPO Bicycle and Pedestrian Plan • MobilityCC & Urban Transportation Plan • Integrated Community Sustainability Plan • NAS -CC Joint Land Use Study • Erosion Response Plan • Northside Studies Background MARKET AND ECONOMIC REPORTS . Housing market . Commercial market i- . Cost of land use analysis -1" . Economic and workforce opportunities ,ir 1 What was Proposed. Reports Produced: • Residential Market Potential Analysis • Office, Retail & Hotel Market Assessment • Economic Development Assessment • Cost to Serve Fiscal Analysis (Draft) • Fiscal Impact Analysis of Future Land Use (Draft) • Revenue Strategies (Draft) Plan CC 2035 Documents 0 PLAN CC I. Comprehensive Plan II. Strategic Implementation Plan III. Background Information Implementation Process PLAN CC C•KYNflKIIMVF NOS Comprehensive Plan Strategic Implementation Plan Departmental Strategic Plan Annual Business Plans •Partnerships Annual Budget 14 Schedule • November 17 — Discussion ❑ Motions of Direction for Changes to the Plan • December 8 — 15t Reading of Ordinance • December 15 — 2nd Reading of Ordinance Today 0 PLAN CC • Discussion — Review and Recommend Changes MEMORANDUM PLANNING COMMISSION'S FINAL REPORT To: The Honorable Nelda Martinez, Mayor Thru: Ron Olson, City Manager Gustavo Gonzalez, P.E., Assistant City Manager of Public Works and Utilities Mark Van Vleck, P.E., Executive Director of Utilities From: Philip Ramirez, A.I.A., Chairman, Planning Commission Date: September 23, 2015 Subject: Planning Commission Recommendations on Plan CC The City Charter requires the Planning Commission to review the proposed comprehensive plan and make a recommendation to the City Council before the City Council can adopt it. On August 12, City staff and the planning consultant presented the draft comprehensive plan, Plan CC, to the Planning Commission and public. A public hearing was conducted, affording the public an opportunity to provide additional input beyond written comments submitted previously. After the public hearing, each Planning Commissioner submitted his/her individual proposed changes to Plan CC in writing to City staff. Staff compiled the commissioners' proposed changes and presented them for review and consideration amongst all Planning Commissioners at the subsequent regular meetings on August 26 and September 9. The Planning Commission discussed each commissioner's proposed change and then voted on whether or not to recommend that the change be incorporated into Plan CC. The Planning Commission also voted on whether or not to incorporate changes recommended by the public. Recommended changes resulting from public comments are identified and the public comment ID number is referenced. Enclosed is a spreadsheet listing all of the changes to Plan CC that the Planning Commission discussed and recommended for incorporation into Plan CC. This report serves as the official recommendation of the Planning Commission. PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 2 — Natural Systems, Parks & Recreation: 1 Braselton Page 13, Goal 1—eliminate Oso Bay and Oso Creek as "swimmable." Replace "fishable and swimmable" with "meet EPA Water Quality Standards for their specific designated uses." The source of Oso Bay and Oso Creek bacteria has not been determined. Currently there is a TMDL/I-Plan underway for Oso Bay/Oso Creek for bacteria. This process will determine the source of contamination and include activities to address and restore the designated use for Oso Bay/Oso Creek which is "Contact Recreation." The language regarding these natural systems should not include that they are fishable/swimmable but that they meet EPA Water Quality Standards for their specific designated uses. Concur with Staff Recommendation. It was questioned whether the Oso Bay and Oso Creek will ever meet EPA standards for "contact recreation." 2 Baugh Page 14 - Supporting a fitness program to incorporate bike and walk trails into the park systems. No change. Plan CC includes policy to implement the Parks & Recreation Master Plan. Goal #3 of the PRMP calls for introducing new recreation facilities and opportunities that reflect evolving demographic and recreation trends, such as: trails, off-road biking, fitness programs, among others. No change 3 Baugh Page 14 - Include the upgrade and addition of activity/sports complexes throughout the city districts to attract tournaments to our area. No Change. This would be more of a strategy for Goal 1, policy point 2, in Element 5 "Diversifying the Economy...", which says to "Support market diversification by the tourism industry." The first draft of Plan CC identified sports tourism as a strategy. No change. It was noted that the Convention & Visitors Bureau is now working on expanding sports tourism. 1 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 4 Ramirez Page 13, Goal 1 under Natural Systems -- 2nd Bullet Point reads"Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay." This does not read clearly; not sure this is what was intended. Amend the statement as follows: "Support initiatives to improve water quality so that shellfish beds are open throughout thc thrivc throughout thc Bay." Concur with Staff Recommendation city and can 5 Ramirez Goal 8 under Open Space, Parks & Recreation (Page 14) — Consider adding bullet point to suggest a reduction of the total number of parks that aligns with Parks & Recreations plan to downsize the inventory of underutilized parks. No change. This concept is already in the Parks and Recreation Master Plan, which Plan CC suggests to implement as one of the policies of Goal 7. No change Element 3 — Resilience & Resource -Efficiency 6 Braselton Page 17, Goal 4 — Less emphasis on Governments subsidized "renewable energy" and more on fossil fuel energy (i.e. natural gas) so abundant in our area. Upon PC's request, staff edited the Goal as follows: "...." Edit the 1st policy: "Make renewable- and clean -energy Concur with Staff recommendation options available to homes and businesses." Add a 2nd Policy - "Ensure residents and businesses are aware of the energy options available to them." Plan CC does not recommend "subsidized" renewable energy. Plan CCs goal is that renewable energy be an option for residents/businesses wanting to use it. For example, in 2010, the City created a zoning regulation to allow wind energy units at businesses and dwellings so that they can be permitted in the city while not creating nuisances. 7 Ramirez Page 17, Goal 3 under Resource Efficiency, 3rd Bullet Point — Consider adding language for the City to consider adding a line item in the project budgets of public facilities for energy efficient systems, similar to that of the 1.25% Arts requirement. No change. This is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will noted for consideration in the Implementation Plan. No change 2 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 8 Ramirez Goal 6 under Resource Efficiency (Page 17), Third Bullet Point—Consider adding community gardens as an option in lieu of dedicated park land for new subdivisions and developments No change. This is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will noted for consideration in the Implementation Plan. No change 9 Lippincott Add to Items 5, 7, or 8 — Expand enforcement and maintenance plans to ensure our beaches & parks are kept clean. Staff feels Plan CC already covers maintenance if beaches and parks. Beaches are managed by the Parks and Recreation Department. The Parks & Recreation Master Plan (PRMP) also identifies maintenance as an issue. However, under Goal 8 -- Add "beaches" in the goal and policy bullet point 81. Goal: "Parks, beaches..." Under the policy, amend Concur with Staff recommendation as follows: "Provide adequate resources for basic maintenance and operation of all parks, beaches, recreational facilities, and other green public spaces, as discussed in the PRMP and for enforcement of City regulations that protect the quality of these public spaces." Element 4 — Housing & Neighborhoods 1 10 Braselton Page 20, Goal 1— "... housing policy to guide..." we have zoning ordinances that do this already. I would want a better explanation of the limits of "guide" and "policy". Recommend changing the statement to read as follows: "Corpus Christi has housing to Concur with Staff recommendation a comprehensive policy guidc advise the City on development of quality neighborhoods." "Housing Policy" is about making sure everyone has good/decent housing. This is not meant to be a zoning ordinance. Housing policy can provide a set of approaches to achieve more affordable housing and efforts to create housing policy should include the public and private sectors in developing the policies. 3 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 11 Braselton Goal 7 – Eliminate references to "Urban Village." Our area is not conducive to walkable neighborhoods for climate and for retail availability. I hate to see money invested in a program that could easily not meet wide spread community support after a few fruitless years. No change. 1. The plan provides for a relatively small number of mixed-use, walkable centers—the mixed-use land use designation amounts to 4% of the existing city acreage. 2. Participants in the planning process generally supported the idea of having more choice in housing and transportation. 3. Over the course of 20 years, providing more diversity and choice in Corpus Christi will make the city more competitive. 4. Other Texas cities are establishing this kind of diversity and choice and attracting new residents. 5. Urban villages—which are simply modern versions of traditional neighborhoods that existed in Corpus Christi many years ago—would provide a choice that is increasingly desired by a portion of the housing market. 6. Both urban villages and downtown revitalization have to be supported by housing—tourism and office traffic is not sufficient. Access to nearby employment (such as the Christus Spohn Hospital complex) or colleges (such as the future southside campus of Del Mar) also attract people to urban villages. 7. There are many examples of successful walkable urban village style developments in Texas, as well as in other parts of the country. No change 4 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 12 Braselton Goal 8 — "mixed" neighborhoods are not acceptable to most city residents as it relates to apartments and single family — some degree of separation should be maintained such as in our present zoning ordinances. Upon PC's request, staff rephrased the policy as follows: "The design of new developments promotes a broader Concur with Staff Recommendation sense of neighborhood and community rather than creating isolated developments with a lack of interconnectio Regarding mixed-use development: New design approaches, including transitions in height and density, are needed to create compatibility between single family and multi -family housing, as well as provision of amenities and walk -to neighborhood retail. 13 Baugh The plan should support the creation of local committees for each district. Committees made up of residence, developers and local leaders that can help coordinate the future plans and development. This will help determine what the end users wants or needs. This will allow the residence to buy -in to the future plan/development within their communities. It will create a sense of pride and involvement for the various districts. No change. Stakeholders will be involved in the updates of the various Area Development Plans. Also, see Goal 6, which calls for promoting the organization of neighborhood associations as part of helping to sustain and maintain established neighborhoods. Planning Boards by district are often found in cities much larger than Corpus Christi, but Plan CC suggests beginning to identify neighborhood associations. Corpus Christi currently does not maintain a list of homeowners or property owners associations, which could be valuable list of stakeholders to include in notifications or for input or to assist in implementing Plan CC. Concur with Staff Recommendation 14 Ramirez Page 20, Community Identify (think this should read "Identity") and Sense of Place. Fix typo. Concur with Staff's recommendation 5 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 15 Ramirez Page 20, Goal 8 under Community Identity and Sense of Place, Second Bullet Point — Suggest defining more clearly what is meant by "Facilities." Rephrase the statement as follows: "Ensure that safe pedestrian and bicycle facilitic., routes are available in new Concur with Staff recommendation and redeveloped areas." "Facilities" was technical language for sidewalks, bike lanes, bike routes, etc. -- any type of feature intended to aid the pedestrian or bicyclist. 16 Crull There needs to be more emphasis on affordable housing. Concur with Planning Commission's recommendation. The Implementation Plan will have more detail on how to provide affordable housing. However, Goal #2 addresses affordable housing and so does Goal #1 in speaking about creating "housing policy." Add "including affordable housing" to the end of Goal 2 so that it reads: "Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle including affordable housing." 17 Lippincott Page 20, Add to Goal 6, 3rd Bullet Point —To keep them safe and free from crime. Staff recommends adding this phrase as suggested to read: "Promote the organization of neighborhood associations and community initiative to maintain neighborhoods and to Concur with Staff recommendation keep them safe and free from crime." r 16 Element 5 — Diversifying the Economy & Strengthening the Workforce 18 Villarreal Page 23, Goal #3 — Develop partnerships with local colleges/universities and industry to promote and utilize existing and new entrepreneurial programs. Add this as a policy under Goal #3. Staff suggests the word "use" instead of "utilize." Concur with Staff recommendation, but include business organizations, such as Young Business Professionals, not just colleges/universities and industry. "Develop partnerships with local colleges/universities"aad industry and business organizations to promote and utilize existing and new entrepreneurial programs." 6 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 19 Ramirez Page 24, Goals 5 — Consider adding a bullet point that speaks to promoting a drug-free labor force. 2nd policy under Goal 65, add examples of the type of essential support services that could be offered. Rephrase the statement to read: "Promote the provision of essential support services, such as childcare, transportation, and Concur with Staff recommendation. It was noted that a drug-free labor force is especially important for industrial sector jobs where safety is important. substance abuse counseling that enable workers to seek and maintain employment." 20 Ramirez Page 23, Goal 23, 5th Bullet Point — Corpus Christi is able to attract..., — Suggest creating a new position to act as a Community Liaison for Development who can act as a single point of contact for developers looking to develop a project within the city and direct them to the proper programs and or agencies to make the development process more efficient. No change. This suggestion is more of an action item for the Implementation Plan rather than a goal/policy for the Comprehensive Plan. But, the comment will be noted for consideration in the Implementation Plan. No change 21 Lippincott Page 23, Add to Goal 5 — Develop partnership between industry and local education systems to develop programs that provide training necessary to meet the demands. No change. Staff feels that Goal 6, 4th bullet point covers this topic. No change Element 6 —Transportation & Mobility 22 Ramirez Page 27, Goal 5 -- Consider adding a bullet point that seeks to provide additional flight destinations and perhaps incentivize them if necessary to get them established and profitable for the airlines. No change. Goal 5 calls for implementing the Airport Master Plan. This comment is more appropriate for consideration in the Airport Master Plan developed by Corpus Christi International Airport (CCIA). Note that smaller airports have a difficult time getting more flights. Corpus Christi may have to pay an airline to provide more flights out of CCIA. Add a policy that says, "Support enhancements to airline service." 7 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 23 Braselton Page 27, Goal 1 - I do not support bicycle lanes across the city but only in areas for recreational riding and downtown area. Too many $$$ for a very small percentage of population now and future. It is too hot and humid 10 months of the year to bicycle to work or shopping. No change. Plan CC does not recommend bike lanes or routes belong on every city street. Additionally, the Metropolitan Planning Organization is undertaking a data - driven study called the "Strategic Plan for Active Mobility" to identify the best locations for bike routes/lanes and the most effective type of facility needed in an area. The MPO's plan could later be adopted the City Council in order to implement it's recommendations. No change 24 Braselton Page 27, Goal 3 — No need to lower speed limits on neighborhood streets nor fit them for bicycles. We have sidewalks for pedestrian traffic as part of our street requirements. No change. 1. Not all neighborhoods have sidewalks. 2. At neighborhoods' requests, speed bumps have been installed on local and even collector streets. 3. Citizens will not want to walk or bike if our street systems make them feel unsafe. Lower traffic speeds on neighborhood streets by design is one way to make citizens feel safer walking/biking. No change 25 Baugh The bike and walk mobility should be focused in new developments. Adding a bike lane to already congested street traffic (Staples) is not the best use of this space. Adding additional lanes (drive or turn) would be more beneficial. No change. The City recognizes that bike lanes need to be installed in strategic locations where they will be used more regularly. See response to Comment 820. No change 26 Baugh Lower vehicle speeds in the neighborhoods is only good if there are officers there to enforce it. Speed humps would be a more feasible solution for slowing down traffic to allow for biking, walking and children safety. No change. Lowering speeds can be accomplished through street design . For example, the wider the street, the faster people feel comfortable driving. The Unified Development Code already provides some alternatives for street designs that might lower speeds on neighborhood streets. MobilityCC also offers thoughts on street design alternatives. No change 8 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 27 Villarreal Page 27, Goal #1 — support and coordinate with CC MPO projects, plans, and initiatives. Add this as a policy under Goal #1: "Support and Concur with Staff recommendation coordinate with the Corpus Christ Metropolitan Planning Organization's proiects, plans and initiatives." 28 Lippincott Page 27, Change Goal 2, 1st & 2nd bullet points: "Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs." and "Support adequate and balanced funding sources for long- term operation and maintenance of the street network." — Change "support" to "develop." No change. Strategies and actions will develop the policies/programs. Efforts are underway. No change 29 [2nd Round Public Comment #13] Public 8. Page 27: Goals -- a. Change the wording of the third bullet point under 2. to — "Integrate transportation planning with utility infrastructure and neighborhood development planning." b. Second bullet point under 3. —Change the word "Consider" to "Create" The following changes are recommended: 8. Page 27, Element 6 -- a) Goal 2 — street system; policy three — "integrate transportation planning with utility infrastructure planning." Adding "neighborhood planning" after "transportation planning" is a good idea. b) Goal 3 — reconstruction program for local streets — change "consider" to "create." Concur with Staff recommendation 30 [2nd Round Public Comment #27] Public Page 27, Add Item 7. Goals -Promote and Support a Plan for a second access on and off Padre Island; policy — maximize evacuation; diminish risks in traffic congestion; enhance safety; promote safe growth Add a 7th goal to the Transportation and Mobility Element as suggested in the public comment that supports a second access to Padre Island. Concur with Staff Recommendation Element 7 — Community Infrastructure, Facilities & Services 31 Braselton I support all of these goals. My concern is who will pay for all these? Are they all realistic? No change. Staff needs more direction on any proposed changes to this element. No change 9 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 32 Villarreal Page 30, Goal #2 — add innovative and cost effective technologies Second policy-- Restate as "maintain and improve existing water infrastructure, including the incorporation of flew - innovative and cost effective technologies where Concur with Staff recommendation appropriate." 33 Ramirez Page 29, What is that picture of??? Consider replacing it, not clear as to what it is or what it is trying to communicate. Replace the photo with a more communicative photo. Concur with Staff recommendation 34 Crull Regarding the growth south of Oso Creek, I don't know if this goes in the Comprehensive Plan or Implementation Documents. A decision needs to be made as to whether core services (Wastewater and Drainage) in addition to water are going to be provided. Without wastewater and drainage, the large tract development will continue. Master plans for these facilities have been prepared but never adopted. The land use plan for the area shows a large area designated as Planned Development but this doesn't spell out any categories. The same comment is applicable to the Northwest area south of FM 624. No change. This kind of decision would need to be made after further study, beyond the scope of the Comprehensive Plan. Storm Water and Wastewater Master Plan updates would also be needed. While Plan CC identifies these areas for future annexation and areas of growth, the City needs to study in more detail the annexation of these areas, service plans, and the cost of allowing development in these areas. The Planned Development land use category for the areas south of the Oso Creek and in the Northwest indicated a need for further planning through the Area Development Plan updates. There is concern about the cost of growth on tax payers and impacts on infill and taking care of current neighborhoods. Concur with Staff recommendation 35 Braselton Page 30, Goal 7 - Reword to read "verify that all buildings that are required to comply to ADA standards do comply." Staff recommends rewording as follows: "Buildings, facilities and open spaces, both public and private, comply with all laws and regulations regarding accessibility as required ADA - Concur with Staff recommendation {Americans with Disabilities Act) standards." 10 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 8 — Future Land Use, Zoning & Urban Design 36 Ramirez Page 32, From the Vision, Need to somehow work the South Side Development in here, I think we have all established that it is going to continue and that the infill development and South Side growth do not have to be at the expense of one another. Revise the first phrase to read: "Corpus Christi's growth has revitalized older parts of the city and established new Concur with Staff recommendation neighborhoods in the south side and northwest areas..." 37 Ramirez Page 37, Future Land Use Definitions --Transition District: I think there has to be a better term than "Transition District" Remember these are still existing neighborhoods. Also, "leave this area" needs to be toned down, suggest "relocate to another area." Recommend rephrasing as "relocate to another area." Concur with Staff recommendation 38 Braselton Page 33, Goal 1, 2nd Bullet Point — Realize "infill" and "revitalization" are hampered by high redevelopment costs and by availability of suitable lots and infrastructure. Also new or revitalized streets in these areas have to be maintained by the city just as do new suburban streets. No change No change 39 Braselton Page 33, Goal 2 — "urban village" — see previous comments. No change No change 40 Braselton Page 33, Goal 3 — omit "design standards" for private developments. No change. Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. No change 11 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 41 Braselton Page 33, Goal 6 — annexation policies cannot include "1 lot/20 acres" zoning for newly annexed areas as previously mentioned. To wait on city to provide basic water and sewer services to proposed annexation areas in Plan CC 2035 will likely prevent their annexation and thereby they will not in city control. Not good. No change. This comment is related to the strategies and actions of the first draft of Plan CC. No change 42 Crull The issue of the transition zones north of IH 37 needs to be resolved. On one hand, Lamont Taylor and his group are advocating revitalization of Hillcrest. On the other hand Susie Saldana and her group are raising money to move people out of there. No change. A specific plan for this transition with community participation would be needed. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. No change 43 Braselton Page 32, From The Principles -- about High Quality Development delete "...and establish high-quality design standards for private development". "High Quality" is a very subjective term. The current building code covers private design standards adequately. No change. Design standards are for impacts on the public realm and primarily affect commercial development. They are less about architectural style than about creating attractive and functional public environments. Once a building is constructed, the public doesn't have an opportunity to do anything about it. "High quality" will be defined by Corpus Christians when they give input on the establishment of design standards. No change 12 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 44 Braselton Page 33, Land Use Principles, under Housing & Neighborhoods -- Delete 3rd bullet point. Multifamily location is sufficiently guided by zoning ordinances. Additional guidance is not needed and counterproductive to providing for adequate volume of housing. Recommend a change: "Promote the location of lesata- Concur with Staff recommendation multifamily development where there is nearby access to retail, services, and public transportation...." [Staff's recommendation concurs with a recommendation made by Public Commenter#13 in the 2nd Round Public Comment Summary and with stakeholders of the Builders/Realtors Associations that staff met with.] Note: The location of multifamily uses is guided by the current City Zoning Map, the Future Land Use Map, and decisions on rezonings. For clarification, the zoning ordinance does not guide the location of multifamily uses. The zoning ordinance only dictates setbacks, height, open space, and buffering. 45 Braselton Page 33, Land Use Principles, under Mixed -Use Centers -- Change "provide...mixed-use...." to "accept...mixed-use...." Change "provide" to "promote" rather than to "accept." Concur with Staff recommendation 46 Braselton Page 33, Land Use Principles, under Efficient Development Patterns -- Eliminate 1st & 2nd bullet points. Subdivisions are often not able to be adjacent due to existing zoning, land availability, geographic concerns, etc. thus making "leap- frogging" the only alternative. No change. The Plan says to avoid leapfrog development so that subdivisions are not far from each other. Amend the 2nd Bullet Point as follows - "Where applicable, Aavoid'Icapfros scattered site development that locates subdivisions far from other residential areas." 47 Braselton Page 33, Land Use Principles, under Efficient Development Patterns - 4th Bullet Point — "Use annexation powers lot in infrastructurc No change. Zoning regulations on lot size and infrastructure Recommend change as presented by Commissioner Braselton. policy are two of the City's primary tools for ensuring Staff does this combincd with minimum sizc zoning and pel+Ey to promote orderly and efficient development in the ETJ." orderly growth. not recommend eliminating phrase. 13 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 48 Braselton Page 33, Land Use Principles, under Environment & Resilience -- Second bullet point: insert "public land" after "Preserve" at start of sentence. "Preserve public land No change. A public entity or a private entity can help preserve land. The land often starts as being private. Some City ordinances, specifically the Cluster Housing Development Overlay, give private developers incentives in the form of increased density if they help to preserve sensitive lands or created recreational spaces on sensitive lands. Also, the adopted Oso Parkway Plan calls for creating ordinances such as the Cluster Housing Development Overlay so that private developers can help contribute to this effort. No change around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land." 49 Braselton Page 36, Future Land Use Definitions - Single Family is 1 house per lot. All others are variations of Multi -Family i.e. low density (2 -4 units) medium density (8 -20) etc. Same response to Public Comment #13 from the 2nd Round Comment Summary: Rename the residential land use categories in this way: • Low Density Residential — up to 4 Dwelling Units Per Acre, color code is Light Yellow • Medium Density Residential —4to 13 Dwelling Units Per Acre, color code is Bright Yellow • High Density Residential—greater than 13 Dwelling Units Per Acre, color code is brown This eliminates the category of "High Density Single Family Residential." The names of the categories would no longer reference single- or multi -family, rather just "residential" with an associated density. Concur with Staff recommendation 14 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation Element 9 —Stewardship & Implementation of the Plan 50 Braselton Plan CC 2035 has lofty goals and is very ambitious. My concern is without any reference to cost/benefit we find that some of these goals are really unattainable. I think there must be $$$ associated with these goals and a clearer picture of who will pay for this through taxes, assessments, user fees, impact fees, etc. No change. These issues will be worked out in the implementation plan and prioritization of action items. No change 51 Braselton Page 50 -- Add some specific language with regard to the periodic review by city leaders. Establish a goal to review and update the plan on an annual basis, identifying short term (annual), mid-term (5 years) and long-term goals with specific objectives. Add a policy to Goal #2: "Review and update the plan on an annual basis, identifying short term, medium-term and long - term goals with specific objectives." Concur with Staff recommendation 52 Hovda Goals 1-6 -- How can a Plan that has 50 goals within 8 elements and 120 policies associated with those 50 goals be implemented with only 6 goals and 10 policies? No change. An implementation plan will be developed once the goals/policies of Plan CC are adopted. No change 53 Hovda Goal 1- "Establish a comprehensive plan system based on a twenty-year time horizon" What specifically does this mean? Does this have a deadline attached to it? Who is in charge of this? Is this just actually Plan CC? If this is reflecting Plan CC, then I don't understand why it's a bullet or a policy... seems redundant. No change No change 15 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 54 Hovda Goal 1- "Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan" - Which department is tasked with all the area and specific plans (i.e., the Parks Master Plan, the Airport Master Plan) and comparing it to Plan CC to make sure that they're in line with each other? If that has already been done through the process of Plan CC, then why is it a bullet on the implementation list - seems redundant. No change. The Parks & Recreation Dept. is responsible for the Parks & Recreation Master Plan. The Airport is responsible for the Airport Master Plan. A Planning Dept. or city planning staff are responsible for Area Plans or Specific Plans for a neighborhood. These Master Plans (the "sub - plans") are created or updated. During creation or updating, staff needs to make sure these "sub -plans" are on target with the Comprehensive Plan. No change 55 Hovda Page 50, Goal 1, 3rd Bullet Point -- "Amend planning ordinances to reflect the new type of comprehensive planning system" - Which department will oversee existing ordinances and amend them? What is the deadline to achieve this goal? Will City Staff proactively change the ordinances or will they be amended when it's ascertained reactively that the ordinance does not match the 20 year plan? No change. A re-established Planning Department (or planning group) will proactively amend ordinances to implement Plan CC. Deadlines for achieving the goal will be identified in the implementation plan. No change 16 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 56 Hovda Page 50, Goal 2, 1st Bullet Point -- "Establish public review of progress in implementing the plan." Does this happen during Planning Commission meetings? Will their be an agenda item on Planning Commission meetings to review progress? Will this take the form of public meetings, much like the public input process for Plan CC? No change. See response to comment 51. This will be addressed in the implementation plan. Ideas for action can include reviewing progress annually before the Planning Commission and City Council in a joint public hearing, creating a Plan CC Advisory Committee to be stewards of the plan and monitor progress, and scheduling a public process every five years to confirm or revise the plan and review progress. No change 57 Hovda Page 50, Goal 3, 1st Bullet Point -- "Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans" Is there a word missing? Also - is this new Planning Department funded in FY 2015-2016? If not, when will this Planning Department be funded to implement Plan CC? It does not make sense to have this as a goal or policy if there is not a plan to fund it. No change. The Planning Department is currently funded. Where funding is not already in place for items identified in Plan CC, getting funding is part of the City Council's budget approval process. No change 58 Hovda Page 50, Goal 4 -- 1st Bullet Point: "Make City programs and resources consistent with implementation of Plan CC" - this is vague? What specific resources are you referring to? What department will oversee that this consistency policy sets the standards and metrics to measure this goal? No change. See comment below. No change 17 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 59 Hovda Page 50, Goal 4, 2nd Bullet Point-- "Use incentives strategically to create a critical mass of improvements in designated areas." Are there existing incentives in place that this policy is referring to? If so, which department will coordinate with the other departments or governing bodies to implement these strategic incentive initiatives? No change. Some incentives options are in place, such as 380 Agreements, Public Improvement Districts, Tax Increment Financing, property -tax abatement, HUD Section 108 Loan Guarantee Programs, streamlined permitting, Municipal Management Districts, Sales Tax for economic development (Type A funds), development fee exemptions or waivers, water and sewer capital improvement, and Municipal Housing Finance Corporation, while the City could still adopt the use of new incentives, such as Neighborhood Empowerment Zones, and Local Government Corporations. Planning staff would likely be responsible for coordinating efforts so that the City gets more "bang for its buck" -- meaning be strategic in investments to achieve a visible difference. No change 18 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 60 Hovda Page 50, Goal 5, 1st Bullet Point-- "Use the plan in preparing and approving other planning and implementation activities by City agencies." Will Plan CC become the guiding policy? I am imagining everyone in every department meeting carrying a copy of Draft 2 to a meeting and refer to it as they make all decisions... what is the practical, real meaning of this policy? Is this something that all developers and business partners of the City need to follow as well? This policy seems to have a strong education component to it. Will there be continuing education (bi-monthly, quarterly, yearly?) and training for City Staff to review and be an extensive knowledge base of this Plan? It seems to be that this policy requires that many levels of employees in all departments become subject matter experts on Plan CC. If this is true, what will be done to ensure that this knowledge base is part of staff development? No change. The implementation plan will address this further. The implementation plan may discuss designating a person to coordinate and oversee implementation. The implementation plan may also discuss how to support staff, whether by training or providing resources, so that they can work together to implement the plan and achieve its goals. No change 61 Hovda Funding - have we already identified these funding mechanisms? Without funding, this plan cannot be implemented. I am very interested in the funding model that is currently recommended to implement this plan. No change. Plan CC's strategies in the implementation plan address ideas for outside funding and being strategic in using funds. Strategies for funding mechanisms are in the implementation plan, but the selection of how to fund an idea or project requires department level business planning and sometimes City Council approval. No change 19 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 62 2nd Round Public Comment #1 Concerns about a statement in the Future Land Use Definitions, section Transition Districts, under Special 1-37 Transition District and Special Aviation Transition District that states, "The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other part of the city". (Page 37) This is more like a policy than a definition and should be removed. Remove the statement in the definition section. Concur with Staff Recommendation 63 2nd Round Public Comment #4 Our land is highly impacted and devalued by this land use plan which designates our 400 acre Tufts Cove property on Mustang Island as "Open Space". This is the property which provided access to Wilson's Cut and goes north on the Bay Side. Our land use plan is attached. We have not submitted to the City as we have been working on grading permits. We realize this plan attached may not be close to the final but is a good example of the mix of homes, commercial and cluster residential that we believe will draw well in the market, provide a good tax base for the City and a unique experience for the residence. Please let me know the steps 1 need to take to insure that our property can be developed in a manner consistent or similar to that attached. Change this property's future land use designation to Planned Development while retaining a small portion on the bay as Flood Plain Conservation, similar to today's adopted Future Land Use Map. The area on Mustang Island between the Fire Station on the south and the City limit line on the north end should be designated as Planned Development in the Future Land Use Plan. Concur with Staff Recommendation 20 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 64 2nd Round Public Comment #13 4. Pg. 17 Element 3, Goal 5, a. Resource Efficiency— Add a bullet point under5. — "...and adopt the Coastal Bend Green Built as the official Green residential program of the City of Corpus Christi." 4. Pg. 17 -- Element 3, Goal 5, potential additional policy: potential language could be: "Support the Coastal Bend Green Built program or any equivalent program as the green building standard for residential development and promote LEED (Leadership in Energy and Environmental Design) standards or the equivalent for non-residential building." Concur with Staff Recommendation 65 2nd Round Public Comment #19 On page 44 of the second draft tract; 16.35 acres of Lot 19, Section 40, Flour Bluff & Encinal Farm & Garden tracts is classified as Flood Plain Conservation. A significant portion of this acreage is not located in the flood plain. I request that the map only classify the portion of this tract that is in the flood plain as Flood Plain Conservation and the remainder be classified the same as the surrounding tracts Plan CC Future Land Use Map has a category called Flood Plain Conservation, which indicates property located within the 100 -year flood plain. This category is similar to the today's land use category called Conservation/Preservation. Recommendation: Staff recommends that the Plan CC Flood Plain Conservation designation in the Future Land Use Map match the areas designated in today's Future Land Use Map as Conservation/Preservation, which would reduce the amount of land categorized as Floodplain Conservation in both the South Side and Padre/Mustang Island areas. However, following adoption of new FEMA maps, the City should review the boundaries of the Flood Plain Conservation designation in the Future Land Use Map. Concur with Staff Recommendation 21 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 66 2nd Round Public Comment #25 In 2014, I bought 227 acres on Mustang Island. It is in CC on the west side of 361 & just north of the Island Construction site. The area is zoned rural farm. Besides farm/ranch use, I understood that this designation is sort of a holding zone. Once an owner has a use plan, the owner can present it and request a zoning change which may or may not be granted. I have several ideas for development of a portion of the tract. Under the proposed development plan, this tract is to remain open space. I strongly oppose this proposal. It seems the rules are being changed in the middle of the game. Thank you for your consideration of my input. Change the Future Land Use Map designation to Planned Development in the area on Mustang Island north of Fire Station 16 and south of the City Limit Line. Concur with Staff Recommendation 67 2nd Round Public Comment #28 Cape Summer on Padre Island is already platted and planned for commercial, mixed, resort uses. Change this property's designation in the Future Land Use Map to Planned Development not Flood Plain Conservation. Concur with Staff Recommendation 68 2nd Round Public Comment #29 The color -coding of the Future Land Use categories Flood Plain Conservation and Permanent Open Space are too similar. Find a way to better distinguish the two categories. Consider adding cross -hatching in thin black line to the Flood Plain Conservation layer. Concur with Staff Recommendation 69 2nd Round Public Comment #30 The property around Island in the Son Church is planned for development. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 70 2nd Round Public Comment #31 The southwest corner of Whitecap and SPID is private property planned for development not permanent open space. Change this property's designation in the Future Land Use Map to Mixed Use to fit in with the Neighborhood Village concept proposed by Plan CC on the east side of SPID. Concur with Staff Recommendation 22 of 23 PLANNING COMMISSION'S FINAL RECOMMENDATIONS ON THE SECOND DRAFT OF PLAN CC No. By Comment Staff Recommendation PC Recommendation 71 2nd Round Public Comment #32 The north side of Packery Channel is anticipated for commercial development. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 72 2nd Round Public Comment #33 The areas between the Seawall and Leeward Drive are in need of commercial uses within walking distance of residential uses/tourist accommodations and the beach. Change this area's designation in the Future Land Use Map to Mixed Use. Concur with Staff Recommendation 73 2nd Round Public Comment #34 Two "fingers" of land are missing north of Whitecap, east of SPID. Update the maps in Plan CC to show these land masses, and designate them in the Future Land Use Map as Medium Density Residential (4-13 units per acre). Concur with Staff Recommendation 74 2nd Round Public Comment #35 Padre Isles Golf Course should not be planned for commercial development. Change this property's designation in the Future Land Use Map to Permanent Open Space. Onlythe area of the golf course developed by Schlitterbahn should be designated as commercial. Concur with Staff Recommendation 75 2nd Round Public Comment #36 The property just northwest of the Schlitterbahn property should not be designated as commercial in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 76 2nd Round Public Comment #37 The triangular piece of private property on Aquarius Drive across from the City park and Fire Station should not be designated as Flood Plain Conservation in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Planned Development. Concur with Staff Recommendation 77 2nd Round Public Comment #36 Though outside city limits, the Port/Ship Channel (Industrial District) should be Heavy Industrial in the Future Land Use Map. Change this property's designation in the Future Land Use Map to Heavy Industrial. Concur with Staff Recommendation 23 of 23 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 1 Bay Area Smart Growth Initiative Page 10, The Principles -- Under "Promote good health:" Rather than the term medical care, use the broader term of health care, which encompasses medical and related. Revise statement as follows: "Create policies and physical conditions that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and medical health care." 2 Bay Area Smart Growth Initiative Page 10, The Principles --There is excellent policy guidance from AARP, Livable Communities, that addresses impacts and needs of an increased population of older citizens and their desire for quality of life. The term Livable Communities should be incorporated, as it mirrors many of the principles of Smart Growth, and is frequently a City Initiative. Add a policy on Page 20, Element 4 "Housing and Neighborhoods," Goal 7 under Neighborhoods that reads: "Support programs and regulations that help create livable communities for the aging population." 3 Bay Area Smart Growth Initiative Page 27, Element 6, Goal 1-- Policies: Destinations are easily connected by accessible paths of travel and a diversity of modes of travel, both private and public. Amend Policy 1 under Goal 1 to read as follows: "Support a multimodal transportation network that is integrated with land uses, where destinations are easily connected by accessible paths." 4 Sierra Club Coastal Bend Group Page 13, Element 2, Goal 6, Policy 3: Urban Forest -- "Give priority to DIVERSE native tree planting...." (Add "diverse") Amend the third Policy to read: "Give priority to diverse native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long-term, drought -tolerant survival." 5 Sierra Club Coastal Bend Group Page 14, Goal 8 -- High quality and well maintained green spaces. Partnerships and sponsorships would be best used to enhance not merely provide park maintenance. Amend Policy 2 under Goal 8 to read as follows: "Continue to seek partnerships and sponsorships to support park enhancements and maintenance." 1 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 6 Sierra Club Coastal Bend Group Page 17, Element 3, Goal 4 -- "Recommend that builders/developers consider designing houses to take advantage of prevailing winds, allowing homeowners to reduce dependence on air conditioning when possible." Under Goal 5, add a policy that reads: "Support building and site designs that take advantage of renewable resources such as prevailing winds, sunlight, shade trees, etc., to reduce energy consumption." 7 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 4, Storm water and drainage system -- Promote reduction of pollutants "and litter" in the Bay....(add "and litter.) Amend Policy 2 under Goal 4 to read: "Promote reduction of pollutants and litter in the Bay by reducing storm water discharges." 8 Sierra Club Coastal Bend Group Page 33, Element 8, in the Land Use Principles text box -- Preserve and protect "local watersheds and other" environmentally sensitive land and water. (Add "local watersheds and other") Amend the statement to read as follows: "Preserve and protect watersheds and other environmentally sensitive land and water." 9 Bay Area Smart Growth Initiative Page 14, Element 2, Goal 7 — add "including accessibility." No change. Goal 7 states that parks should "meet the diverse needs of the population." Staff believes the phrase "diverse needs" as stated in this goal covers accessibility needs. 10 Bay Area Smart Growth Initiative Page 17, Element 3, Resilience, Goal 6 — Policy: Affordable housing preservation is part of this planning. No change. Staff believes that the 2nd policy under Goal 6 covers this requested change. 11 Bay Area Smart Growth Initiative Page 20, Element 4, Add Goal 6: "Establish a public-private initiative to address affordable rental housing." No change. Goal 1, Policy 1 and Goal 2, Policy 1 address this concept generally. The public comment is considered more like a strategy for the implementation plan, which is to be created at a later date. 2 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 12 Bay Area Smart Growth Initiative Page 20, Element 4, Policies: Provide support for stakeholder interests to convene and define housing affordability, determine housing market options and potential public and private investment opportunities, provide current data on level of rental housing availability by income category and need, and develop a data base to help identify the level of affordable housing in each Council District. No change. Goal 1, Policy 1 and Goal 2, Policy 1 address this concept generally. The public comment is considered more like an actionable item for the implementation plan, which is to be created at a later date. 13 Bay Area Smart Growth Initiative Page 20, Element 4, Policies: Conduct a Citywide Impact Assessment in readiness for the (new) HUD Fair Housing Act requirements prohibiting income segregation within Pis. The Consolidated Plan to be developed for 2018 will contain provisions for analysis and plan. The City's current Con Plan has no plan to address the finding that only 10% of the housing stock in 2013 was affordable to individuals and households at 30% AMI (extremely low income category). No change. Goal 1, Policy 1 and Goal 2, Policy 1 address this concept generally. The public comment is considered more Ike an actionable item for the implementation plan, which is to be created at a later date. 14 Bay Area Smart Growth Initiative Page 20, Element 4, under Neighborhoods -- Goal: Adopt the policies and strategies within the "Missing Middle" to developing affordable housing, increased density, mixed housing, and creative financing in urban areas. No change. The concept is addressed generally by Goal 2. Also, Planning Commission recommendation 816 partly addresses this comment by adding a phrase about "including affordable housing" at the end of Goal 2. 16 3 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 15 Bay Area Smart Growth Initiative Page 20, Element 4, under Neighborhoods -- Policy: Plan for and support housing choices that recognize and encourage the addition of multiple housing options within the housing continuum —the large missing middle in Corpus Christi - between "multi -family housing" on the one end and traditional "single-family housing" on the other. (See information provided to Planning Commission.) No change. Staff believes Goal 2, Policy 1 addresses this comment generally. 16 Bay Area Smart Growth Initiative Page 27, Element 6 -- Policy: Enhance transportation options with the addition of water transportation, developed with public-private investments. No change. Staff believes this concept is generally addressed in Plan CC under Goal 4 of Element 6. 17 Bay Area Smart Growth Initiative Page 27, Element 6 -- Policy: Support the MPO Active Mobility Plan. No additional change recommended. Planning Commission recommendation #27 adds another policy under Goal 1 that staff believes addresses this comment. The recommended additional policy reads: "Support and coordinate with the Corpus Christi Metropolitan Planning Organization's projects, plans and initiatives." 27 18 Bay Area Smart Growth Initiative Page 30, Element 7 -- Policy: Annexation must be supported by an urban growth boundary policy and strategy. See element 8 No change. This comment is addressed in Plan CC in Element 8, Goal 6. Also, this comment suggests an item that might be more appropriate as an action in the implementation plan. 4 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 19 Bay Area Smart Growth Initiative Page 33, Element 8: Established metropolitan boundaries, identified as urban growth boundaries, which may be expanded into the ETJ through annexation only when infill development within the City has reached a pre -identified level of attainment. The amount of vacant and near vacant land within City boundaries provides tremendous "in- pansion" possibilities. Incentives for property owners, developers and investors must be developed as part of boundary growth regulation. City priority must be to maintain and upgrade what we currently have that has been neglected (under a deferred maintenance practice) and will continue to degrade the Central City. No change. This comment is addressed in Plan CC in Element 8, Goal 1, Policies 1-3 and Goal 6, Policy 1. 20 John Kelley, Santa Cruz Partnership "We ask that PIanCC2035 be altered to recommend one of two courses: 1. Disannexation of the Chapman Ranch: Disannexation would relieve the City of a $21 million capital cost program and additional costs related to providing public safety services, solid waste, road and storm water maintenance. Disannexation would, return the property to its rural use and still be free of wind turbines. 2. Promote development of the Chapman Ranch: Recommend the Chapman Ranch be designated as Planned Development and provide infrastructure to the intersection of 70 and 286 or allow the creation of Municipal Utility Districts to allow development to occur in the City identified growth corridor without capital cost to the city." No change recommended. 5 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 21 Sierra Club Coastal Bend Group Page 20, under Neighborhoods, Goal 6 -- Much much more is needed than one sentence to encourage infill development. The City needs to completely change the way utilities are planned and paid for, removing the burden from the developers/building; this would allow the City to plan where to develop, or re -develop, by seeing that the utilities are in place for new development and that infill development no longer requires a builder/developer to pay for the increased cost of providing utilities in older areas. No change recommended. Staff believes this comment is covered in other sections of Plan CC, specifically Element 8, Goal 1 22 Sierra Club Coastal Bend Group Page 27, Element 6 -- Add additional policy: Support bicycle routes that promote safe biking to and from the workplace. No additional change recommended. Planning Commission recommendation #27 creates a policy to support the Corpus Christi Metropolitan Planning Organization's (MPO) initiatives, and the MPO is currently conducting a study of strategic bike route locations. Element 6, Goal 1, Policies 1 and 3 also support the request made in this comment. 27 23 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 5 -- Add additional policy: "Encourage entrepreneurial reuse of collected recycled items. No change recommended. This request is more like a strategy. Staff believes Goal 5, Policy 2 covers this topic generally in that Policy 2 seeks to maximize landfill capacity as does the Sierra Club's suggested policy. 24 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 4, on the topic of Storm Water and Drainage System -- Change "Review the creation of a more equitable billing system" to "Create a more equitable billing system." No change recommended. 6 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 25 Sierra Club Coastal Bend Group Page 30, Element 7, Goal 7: The ADA [Americans with Disabilities Act] is 25 years olds; perhaps the word "quickly" or "immediately" should be added. Add an item: Conduct an audit to identify remaining non-compliant spots. No change recommended. Staff believes Goal 7, Policy 1, which states "Support programs to meet all outstanding ADA deficiencies in public facilities," covers this request. Additionally, the priority/timeframe for strategies/actions will be discussed in the implementation plan. 26 Lamont Taylor Spoke in opposition to Plan CC 2035 referencing the Hillcrest neighborhood as a "transition" neighborhood, and requested that the reference be removed from the draft plan. "Transition" describes the current conditions of the neighborhood, which has seen the number of residents decrease and greater industrial impacts. A specific plan for neighborhoods in the transition districts with community participation would be needed. It is intended that at a later point, there would need to be a long-term, community process that provides options to residents who want to either stay in the area or relocate. A planned transition for the whole neighborhood is more likely to provide a better outcome than the continuation of incremental incursion by non-residential uses and declining values. Existing zoning designations of property do not change with the adoption of a new Future Land Use Map. A change of zoning (or rezoning) is a separate process that requires its own public hearings and notification of landowners. Current conforming uses of property, such as single-family dwellings, can remain, be remodeled, and be reconstructed as long as their current zoning district allows. 7 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 27 Errol Summerlin Representing the Citizens Alliance for Fairness and Progress. stated that Plan CC 2035 establishes a pre -determined outcome and foundation for the future zoning in the Hillcrest area. The policy/goal in Plan CC needs to be a commitment by the City to engage in a community-based process that addresses the unique history, interests of the residents, and the competing interests of industry. The Alliance supports a planning process for the future of the Hillcrest neighborhood that is community driven, ensures that the City will provide services and amenities to enhance the residential character of the neighborhood, for residents that wish to remain, and provide sufficient funding for Hillcrest residents who wish to relocate. The plan must meaningfully address the neighborhood by providing fair options for those who want to stay and for those who want to leave rather than continuing on the current path of neglect. Same response as #26 28 Reverend Adam T. Carrington Stated that previous plans regarding the Hillcrest area called for revitalization of the neighborhood and spoke in opposition to Plan CC 2035 referring to Hillcrest as a "transition" neighborhood. Same response as #26 29 Daniel Pefia Asked questions regarding the decisions made to designate the Hillcrest area as a "transition" area and said the residents were not notified. Same response as #26 8 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 30 Fred Braselton Addressed the following topics regarding Plan CC 2035: the plan inadequately addressed the annexed areas and new areas of the City; the majority of residents live in the suburbs; infill and revitalization cannot provide enough housing for future needs; modifications are needed to the extent of the Plan's urban villages and mixed neighborhood concepts; and suggests not to waste time and money on the urban village concept because residents will not want urban villages. No change recommended. 31 Carolyn Moon Spoke in favor of the original Plan CC 2035 draft, but said she does not support future growth south of Oso Creek because it will require taxpayers to pay for additional infrastructure and public safety. No change recommended. 32 Reverend Henry Williams Stated that the Plan CC 2035, which was written by a Boston firm, characterized the Hillcrest neighborhood as "transitioning" to light industrial zoning. Rev. Williams said the vision for the Hillcrest area must come from the people in the area who will be affected the most. Same response as #26 33 Dr. Gilda Ramirez President of the Westside Business Association, spoke in support of Plan 2035 and the urban villages and mixed use centers. Spoke about the need for equity. No change. 34 Gretchen Arnold Spoke in support of the following: mixed-use and urban villages, supporting areas that are not being serviced, and encouraging ways to reduce the source of pollutants. No change 9 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 35 Judy Telge Spoke on behalf of Bay Area Smart Growth, provided recommendations for elements in the plan that addressed the following: accessibility; affordable housing and rental housing; multiple housing options; accessible paths of travel, including water; and annexation. Ms. Telge said the group was concerned about the removal of the strategies and policies presented in the first draft. No change. See changes identified above as suggested in Bay Area Smart Growth Initiative's letter. 36 Dr. Gloria Randall Scott Spoke regarding the plan addressing the Coles, Washington, and Hillcrest Neighborhoods together and being listed as transition areas. No change. 37 Warren Andrich Thanked the City Council for slowing down the process to allow citizens an opportunity to respond to the plan and for transparency. Mr. Andrich also encouraged the City Council to stop spending money on consultants -- councilmembers and City staff have local knowledge and are capable of creating a plan. No change. 38 Shirley Thornton Said she was glad that there is a plan that was developed with public input and would like to see the following: more sidewalks, affordable housing, a pay-as-you-go process, a health general fund, a way to address existing debt; and focusing tax dollars on the needs of the City. No change. 39 Abel Alonzo Thanked the staff and consultants for listening to citizen input and for being inclusive. Mr. Alonzo spoke in support of accessible streets, improving economics, focusing on affordable housing, and public transportation. No change. 10 of 11 Public Comments on the Second Draft of Plan CC Submitted During City Council Public Hearing Process No. By Comment Staff Recommendation PC Recommendation No. 40 James Skrobarczyk Spoke regarding the following topics: the need for additional housing, having a mechanism in place to amend the plan; identifying outside funding sources; the transition areas; and proper identification of land. No change. 11 of 11 City Councilmembers' Comments on the Second Draft of Plan CC As of October 19, 2015 No. By Comment Staff Recommendation PC Recommendation No. 1 McIntyre Remove the Turtle Cove neighborhood from the Transition Special Aviation District around NAS -CC. Staff recommends this change. 2 McIntyre Remove the Floodplain Conservation designation in the Future Land Use Map from the properties on either side of Laguna Shores Road. Revert to today's Future Land Use Map, which shows mostly commercial uses. The Floodplain Conservation designation along the east and west sides of Laguna Shores Road will be removed and the Future Land Use Map will reflect the current adopted Future Land Use Map uses, which are primarily commercial and medium - density residential uses. (This change would also be consistent with Planning Commission recommendation 665 as it relates to reducing the Floodplain Conservation designation.) 65 3 McIntyre Add a reference to the importance of a regional solution to water. Page 30, Element 7, Goal 2 -- Add a policy that reads: "Support efforts to find a regional solution to the water supply." 1 of 1 DRAFT ORDINANCE Ordinance adopting a new comprehensive plan for the City of Corpus Christi titled "Plan CC Comprehensive Plan 2035" and providing for a repealer clause and publication. WHEREAS, the City of Corpus Christi, Texas ("City"), engaged in a two-year process of developing a twenty-first century comprehensive plan, titled Plan CC Comprehensive Plan 2035 ("Plan CC"), which includes policies to guide the physical and economic growth of the City and its extra -territorial jurisdiction through 2035 and replaces policies adopted in 1987; WHEREAS, the City invited the public to workshops to give input and help develop a vision for Corpus Christi in 2035; and where the City used this input to develop the vision and principles element of Plan CC; WHEREAS, City Staff provided guidance and assistance throughout the process and coordinated with various community agencies; WHEREAS, the City invited community members representing a variety of interests to participate in a Citizens' Advisory Committee to provide early input on the development of Plan CC and to review the draft document; WHEREAS, numerous citizens and community organizations have studied Plan CC and presented their written or verbal recommendations for consideration; WHEREAS, the Planning Commission, from time to time, may recommend amendments to Plan CC and the City Council may approve amendments consistent with the requirements of the City Charter; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendations regarding Plan CC; WHEREAS, with proper notice to the public, public hearings on Plan CC were held on Wednesday, August 12, 2015, during a meeting of the Planning Commission, and on Tuesday, October 13, 2015, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that Plan CC would promote sound development of the City and promote the public health, safety, and welfare of its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. It is the public interest to adopt Plan CC Comprehensive Plan 2035 ("Plan CC"), a new 20 -year comprehensive plan, as a guide for the physical and economic growth of the City and its extra -territorial jurisdiction, said document being attached hereto and labeled Exhibit A. DRAFT ORDINANCE SECTION 2. The City shall use Plan CC as a guideline to facilitate Area Development Plans, service Master Plans and other plans that the City considers necessary for systematic growth and development. SECTION 3. The City shall use Plan CC to establish codes and ordinances, as the City deems necessary, to promote the sound development of the City and to provide for public health, safety, and welfare of its citizens. SECTION 4. City Staff, Planning Commission, and City Council shall review and amend Plan CC, if necessary, at least every five years. SECTION 5. All ordinances or parts of ordinances that are in conflict with this ordinance are hereby expressly repealed and the document titled "City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan," an element of the comprehensive plan adopted by Ordinance 19865 in 1987, is repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. DRAFT ORDINANCE 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: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas The foregoing ordinance was read for the second time and passed finally on this the day of , 20 , by the following vote: Nelda Martinez Brian Rosas Rudy Garza Lucy Rubio Chad Magill Mark Scott Colleen McIntyre Carolyn Vaughn Lillian Riojas PASSED AND APPROVED this the day of , 20 ATTEST: Rebecca Huerta City Secretary Nelda Martinez Mayor Plan CC Comprehensive Plan 2035 PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 JULY 2015 EXHIBIT A Plan CC Comprehensive Plan 2035 PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 ADOPTED XXXX 2015 EXHIBIT A Acknowledgements PLAN CC COMPREHENSIVE PLAN 2035 ■ Corpus Christi City Council, 2014-2015 ■ Plan CC Citizens Advisory Committee ■ Mayor Nelda Martinez ■ City Manager Ron Olson ■ City staff members THANK YOU to the residents, neighborhood and business leaders, community advocates, and stakeholders who participated in creating this Comprehensive Plan by attending public meetings and engaging with one another, by sharing your experience and knowledge of Corpus Christi in interviews and meetings with the planning team, and by expressing your commitment to Corpus Christi's future. Everyone can be part of putting this plan into action! PLAN CC TEAM > Goody Clancy, prime consultant > Stantec Urban Group, technical lead > Peter Kwass Consulting, economic development > W-ZHA, commercial market analysis > Zimmerman/Volk Associates, housing market potential > TischlerBise, cost -of -services analysis > Kailo Communications Studio, public outreach EXHIBIT A ORDINANCE WILL APPEAR HERE AND ON THE NEXT PAGE. PAGES WILL BE ADDED AND LAYOUT ADJUSTED AS NEEDED. PLAN CC COMPREHENSIVE PLAN 2035 1 3 EXHIBIT A J_ LAN CC COMPREHENSIVE PLAN 2035 ORDINANCE CONTINUES HERE IF NEEDED. EXHIBIT A Element 1 A VISION AND °l' °")ING PRINCIPLES FOR CORPUS CHRISTI'S FUTURE • Our Vision • The Principles 9 10 Element 2 ND BLUE: NATURAL SYSTEMS, PARKS & RECREATION • Vision 12 • Goals and Policies 13 Element 3 RESILIENCE AND RESOURCE EFFICIENCY • Vision • Goals and Policies Element 4 HOUSING AND NEIGHBORHOODS • Vision • Goals and Policies Element 5 DIVERSIFYING THE ECONOMY AND STRENGTHENING THE WORKFORCE • Vision • Goals and Policies Element 6 GETTING FROM HERE TO THERE: TRANSPORTATION AND MOBILITY • Vision • Goals and Policies Element 7 CONIMINITY INFRASTRUCTURE FACILITIES Awn r • Vision • Goals and Policies 16 17 19 20 22 23 26 27 29 30 Element 8 FUTURE LAND USE, ZONING, AND URBAN DESIGN • Vision 32 • Goals and Policies 33 • Plan CC's Land Use Priorities 33 • Map: Planning Districts 34 • Map: Existing Land Use 35 • Future Land Use Categories Explanation 36 • Map: Citywide Future Land Use 39 • Maps: Future Land Use by Planning District A. Downtown Planning District Future Land Use 40 B. Westside Planning District Future Land Use 41 C. Midtown Planning District Future Land Use 42 D. Southside Planning District Future Land Use 43 E. Flour Bluff Planning District Future Land Use 44 F. Padre/Mustang Planning District Future Land Use 45 G. CC Airport Planning District Future Land Use 46 H. Northwest Planning District Future Land Use 47 I. Chapman Ranch Planning District Future Land Use 48 Element 9 STEWARDSHIP AND IMPLEMENTATION OF THE PLAN • Goals and Policies EXHIBIT A 50 PLAN CC COMPREHENSIVE PLAN 201 ULAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A A Vision and Guiding Principles for Cornus Christi's Future Plan CC is a new kind of comprehensive plan for Corpus Christi. It has a 20 -year time horizon and includes a vision for the future and goals and policies for an integrated series of elements that affect decision making about the physical development of the city. The plan provides direction for the city as a whole and will be followed by area development plans that provide more detailed direction for specific parts of the city while reflecting the overall vision and goals of the citywide plan. This comprehensive plan for the next 20 years is not a prediction of what will happen by 2035, nor is it a 20 -year projection into the future. It is a plan. It is designed to guide the city to take advantage of opportunities, invest in the future, and make choices that result in higher quality of life and a more diversified economy. PLAN CC COMPREHENSIVE PLAN 20351 EXHIBIT A Corpus Christi stands poised for a once -in -a -generation opportunity for transformative growth. The city has long experience with the booms and busts characteristic of the energy economy. Since 2011, the city has enjoyed the benefits of the Eagle Ford Shale boom, but this time Corpus Christians want to use the boom to establish long-term, sustainable economic growth and enhance quality of life for everyone. Developing a vision statement is an essential early step in creating a comprehensive plan. Vision statements and accompanying principles focus attention on a community's values, sense of identity, and aspirations. The vision statement tells a story and paints a picture of an ideal future in 2035. The principles are based on precepts that are important for guiding the comprehensive plan itself and its implementation. In public meetings around the city, interviews, and website commentary, citizens articulated their desires and hopes for an ideal future. The experience of creating the Plan CC vision and principles showed that citizens from different parts of the city and from all walks of life share many values and hopes about the kind of future they want for Corpus Christi. 8 I PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Corpus Christi is a thriving community with a strong, diversified economy, a high quality oflife for individuals and families throughout the city, and a well -protected environment of natural beauty. Our unique combination of Gulf Coast bay and beach attractions, vibrant cultural life, economic opportunity, and a variety of housing choices supports long-established families and makes Corpus Christi a magnet for young professionals, entrepreneurs, retirees and visitors to the most distinctive destination on the Texas Gulf Coast. > Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, the military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. > Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure, and utility systems—including streets, drinking water supply, wastewater, and stormwater management—have been modernized over the last 20 years to ensure that the city can support and maintain urban and industrial growth, employing best practices in a cost-efficient manner. > High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable at every income level for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. > Stewardship of our natural heritage and green -space networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way oflife and our economy. Corpus Christi in 2035 is a unique place to live, work, study and play—prosperous and full of opportunity, well-run and welcoming, livable and affordable, a lively urban center and a waterside playground—one of the most enterprising and forward-looking cities in Texas. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 ■ N Q Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, retail and services. This critical mass will then stimulate self- sustaining activities. o ■ infrastructure. Be cost-effective. Establish cost-effective best practices and systems to support ongoing city services and Act transparently. Pro- mote civic engagement and keep everyone with a stake in the city's future informed about communi- ty conditions, options, and opportunities to participate in decision making. ACTION rL ko What When Be accountable. Establish action plans with time —� lines and responsible — parties, as well as systems for regular public review of the implementation of the comprehensive plan. Pursue goals through partnerships. City government alone cannot implement the comprehensive plan. Collaborative partnerships with regional groups, agencies, businesses, institutions, nonprofits, and citizens are critical to effective implementation. 4:4s'i LI 1� &was 'ERIN' &7Qasm Be business -friendly. Establish a climate that attracts new industries and supports business growth and entrepreneurship as well as streamlined regulations that also protect environmental resources and quality of life. 10 1 PLAN CC COMPREHENSIVE PLAN 2035 Pursue high-quality development. Make public investments a model of excellent design and function and establish high quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. Promote good health. Create policies and physical conditions that promote healthy lifestyles in Corpus Christi through easy access to physical activity, healthy food, and medical care. Prepare students for good jobs by keeping the focus on educational achievement. 21st -century jobs increasingly require a post -secondary education, like associate's or bachelor's degrees or a technical credential. A skilled and well-educated workforce will attract new investment. Support diversity. Establish policies and strategies that support physical, social and economic diversity in individuals, households, business, and living conditions. These will strengthen the city's ability to attract and retain people throughout the life cycle and across the income range and to create environments that support enterprises of all kinds -from microbusinesses and start-ups to major industries. EXHIBIT A Green and Blue: Natural Systems, Parks & Recreation Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, expand networks of green corridors, improve green infrastructure and expand public access to diverse, high- quality recreation opportunities. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Plan CC's Vision for f 1 i• Stewardship of our natural heritage and greenspace networks strengthens our unique character and supports resilience. As the major South Texas city on the Gulf of Mexico, our city offers a distinctive combination of an important port, city and island beach attractions and entertainment, greenways and parks, boating and fishing opportunities, and nature experiences. Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. We work to understand and preserve our natural heritage because it is at the foundation of our way of life and our economy. 11PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies Natural S stems 1. Corpus Christi Bay, the Nueces River, Oso Bay, Oso Creek, and other water resources meet or exceed federal and state quality standards, provide environmentally healthy aquatic and wetland habitat, and are fishable and swimmable. 2. Wetland areas are protected or effectively replaced so that there is no net loss of wetlands. 3. Important natural areas, such as bird breeding sites, are preserved and protected as usable habitat networks with ecological integrity. 4. The city has a network of green corridors including Oso Creek, drainage ways, medians and street trees, parks, and urban wilds to enhance connections for birds and other wildlife. 5. Natural barrier -beach environments are protected. ■ Support initiatives to ensure that it is always safe to swim at public beaches on the bay and on Padre and Mustang Islands. ■ Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay. ■ Support programs to manage the balance of fresh and salt water in the estuary. ■ Support initiatives to preserve wetlands in the estuary. ■ Support creation of a wetlands mitigation bank, if feasible. ■ Support initiatives for preservation of bird rookeries and similar critical habitat sites. ■ Continue to support and protect nature preserves. ■ Promote ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. ■ Give priority to natural, green drainage systems for storm water management. ■ Give priority to strengthening the green character of existing open spaces. ■ Secure protection of the Oso Creek corridor through implementation of a linear park along Oso Creek. ■ Coordinate storm water management with trails and green network projects. ■ Support continued enforcement of regulations that protect barrier beaches. Urban Fore 6. Native and other trees adapted to the environment provide shade along major streets and in parks and other public spaces. ■ Promote tree preservation and tree planting on public and private property. ■ Support creation of "adopt a tree" programs. ■ Give priority to native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long- term, drought -tolerant survival. ■ Support a full urban forestry program with appropriate staff within the Parks and Recreation Department. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 7. Corpus Christi has a network of attractive, safe, and well-maintained parks that provide shade and other amenities, are well -used by the public, and meet the diverse needs of the population. 8. Parks, recreational areas, and other green public spaces are of high quality and are well-maintained. • • • • • • 9. Corpus Christi offers residents an ■ array of opportunities for water-based recreation. Promote strategic implementation of the 2012 ten- year Parks and Recreation Master Plan (PRMP) to support comprehensive plan goals. Update the PRMP every ten years. Support cost-effective redesign to ensure that parks are safe and provide sufficient shade. Provide adequate resources for basic maintenance and operation of all parks, recreational facilities, and other green public spaces, as discussed in the PRMP. Continue to seek partnerships and sponsorships to support park maintenance. Incorporate sustainable maintenance practices. Develop a plan for facilities and programs so that every resident has the opportunity to learn how to swim. • Seek partnership options to create community boating programs and education. 14 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Resilience and Rsni irce-Effirien Resilience and Resource -Efficiency focuses on the issues of resilience and resource efficiency, particularly energy. Resilience is not only the ability to respond to and recover from hazard events but also the ability to anticipate hazards and reduce overall vulnerability by adapting to changing conditions and promoting multiple lines of defense against hazardous events. The section on resource -efficiency focuses on expanding access to renewable energy sources and promoting efficient resource use through sustainable design. Water conservation is treated in the element Infrastructure, Facilities, and Services. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Plan CC's Vision for s Good stewardship of natural assets reduces our vulnerability to coastal environmental hazards and enhances our resilience. r 1PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies GOALS POLICIES FOR DECISION MAK 1. Corpus Christi has a holistic community standard of resilience that adapts to changing conditions such as storm hazards, high winds, and sea level rise. 2. The City has a multiple lines -of - defense strategy for protection against flooding from coastal storm surges. ■ Support periodic review of resilience planning and implementation to adapt to changing conditions. ■ Promote public understanding of risk and the responsibilities of individual households, as well as city, state, and federal governments. ■ Promote implementation of regulations that protect barrier beaches and dunes. ■ Promote implementation of flood -protection measures throughout the city. 3. Government operations and buildings are models of resource -efficiency and renewable sources. ■ Support a greenhouse -gas audit and use of renewable energy sources. ■ Continue organizational and operational improvements to maximize energy and resource - efficiency and reduce waste. ■ Give preference to energy-efficient designs, materials and equipment in public facilities and in infrastructure. ■ Expand the use of renewable energy sources for City operations. 4. Renewable sources of energy, including solar and wind, and other energy -conservation strategies, are available to city households and businesses. ■ Promote making renewable -energy options available to homes and businesses. 5. Green building techniques are used in new development and retrofits. 6. Reinvestment in existing communities conserves resources and sensitive environments. ■ Promote green building through awards and nonfinancial incentives. ■ Support clean-up and adaptive reuse of brownfields. ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. ■ Encourage urban farming and community gardens to promote access to local food. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Housing and Neighborhoods Housing and Neighborhoods focuses on three issues: overall access to a diverse supply of quality housing; investment in the quality of life in established and new neighborhoods; and promoting community identity and sense of place. Housing goals and policies focus on meeting the diverse needs of households at all income levels and all life -cycle stages, reducing chronic homelessness, and ensuring that all housing is code -compliant, in good condition, and resource -efficient. Goals and policies for neighborhood improvement include support for established neighborhoods, mixed-use urban villages, and more connected neighborhoods. 18 I PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for LSLS 4' , L I I LII i High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. Corpus Christi's growth has revitalized older parts of the city; created a new live -work - play neighborhood downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development. Mixed -income neighborhoods provide housing affordable across the income scale for diverse households, young and old—singles, couples, families with children, empty nesters, and retirees. People can get around the city by multiple modes of transportation— connected networks of good streets and sidewalks, safe bicycle routes, and excellent public transportation. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Goals and Policies GOALS POLICIES FOR DECISION MAKERS Housing, 1. Corpus Christi has a comprehensive housing policy to guide development of quality neighborhoods. 2. Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. 3. Chronic homelessness is significantly reduced. 4. All housing is in good condition and code -compliant. 5. New and redeveloped housing is resource -efficient. ■ Support a community-based system to develop and implement a citywide housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. ■ Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types—rental and ownership, market -rate and assisted—to meet community needs. ■ Provide proactive city leadership in planning and implementing homelessness policies. ■ Support effective, efficient, and sensitive code enforcement that focuses on compliance. ■ Ensure that City -assisted housing, whether new or rehabilitated, is resource -efficient. ■ Promote resource -efficiency in all new housing through non-financial incentives, such as permit streamlining. Neighborhoods 6. Corpus Christi sustains and maintains established neighborhoods. 7. Neighborhoods are enhanced by investments in "urban villages" to improve quality of life. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. Support enhanced code enforcement and campaigns to address litter issues. Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods. Focus public investments—physical, environmental, functional, and social—to support walkable neighborhood commercial and mixed-use districts, including compact centers along major roads. Locate public facilities, civic, and cultural uses within or adjacent to neighborhood commercial districts to act as anchors where feasible. Coordinate among city departments and with the Housing Authority, school districts, county, state and federal agencies on the location of new facilities and the disposition of properties. Community Identify and Sense of Place 8. The design of new developments promotes a sense of neighborhood rather than creating isolated subdivisions or apartment complexes. 20 1 PLAN CC COMPREHENSIVE PLAN 2035 ■ Support regulations and guidelines that promote interconnected development. ■ Ensure that pedestrian and bicycle facilities are available in new and redeveloped areas. ■ Encourage unobtrusive parking solutions. EXHIBIT A Diversifying the Economy and Strengthening the Workforce The Economic Development and Workforce goals focus on diversifying Corpus Christi's economy and supporting well - paying jobs by building on existing industries, promoting innovation, and growing new sectors. Key elements to support diversification include retaining and attracting firms, cultivating an "entrepreneurial ecosystem" that supports small businesses, attracting talented professionals, and ensuring that students and unemployed or underemployed workers are adequately prepared to find and maintain employment. In addition to building on important long-time sectors like oil and gas and tourism, this element stresses the potential of assets such as higher education research and military bases to bring entrepreneurial energy and more 21st - century jobs to Corpus Christi. PLAN CC COMPREHENSIVE PLAN 20351 -- EXHIBIT A Plan CC's Vision for Economic Development Our broadly diversified economy provides opportunity for all. While the port, the oil and gas industry, military bases, and tourism continue as important mainstays of our economy, new sectors are thriving through entrepreneurial start-ups, technology spin-offs from university research, and expanded ecotourism. Our skilled workforce results from a commitment to a strong culture of educational achievement, from pre-school to grad school. Graduates of TAMU-CC and Del Mar College find jobs in Corpus Christi that allow them to stay, grow, and enjoy urban amenities in a Gulf Coast lifestyle. PLAN CC COMPREHENSIVE PLAN 2035 --s EXHIBIT A Goals and Policies OA POLICIES FOR DECISION MAKERS 1. Corpus Christi has a diversified economy of well -paying jobs that builds on existing industry strengths and technological innovation. ■ Leverage the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. ■ Support market diversification by the tourism industry. ■ Promote expansion of public and private research activity in the region that offers the potential for the development of new products and the emergence of new industries. 2. Corpus Christi is able to attract and retain firms because of its competitive assets and supportive business environment. 3. Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. ■ Develop and maintain strong lines of communication between local government and businesses to ensure timely response to business needs. ■ Ensure that business taxes, fees, and regulations are reasonable and equitable. ■ Make regulatory processes efficient and transparent. ■ Provide financial incentives judiciously for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. ■ Increase the availability of technical and financial resources essential to entrepreneurship. ■ Foster the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. ■ Maintain transportation and utility infrastructure in good repair and make additional modernization investments as necessary in a timely manner. ■ Foster a community culture that recognizes and embraces innovation and entrepreneurship. ■ Invest in the resources and capacity that support new venture startup and growth. ■ Encourage youth to develop entrepreneurial talents. PLAN CC COMPREHENSIVE PLAN 20351 EXHIBIT A POLICIES FOR DECISION MAKERS 4. Corpus Christi is a community of choice for talented entrepreneurs and professionals. 5. Unemployed and underemployed workers have access to training and support services that enable them to improve their employment status and qualify for jobs offered by local employers. ■ Foster a community culture that embraces diversity, values new ideas, and welcomes new residents. ■ Create a strong, positive image for Corpus Christi, both internally and externally. ■ Strengthen community institutions and amenities that provide a high quality of life. ■ Provide positive incentives for highly skilled individuals who have other locational choices to settle in Corpus Christi to pursue their careers. ■ Ensure that career training programs and other workforce development services are aligned with employer needs and responsive to changing employer demand. ■ Support an easily accessible and seamless service delivery system for jobseekers. ■ Promote provision of essential support services that enable workers to seek and maintain employment. ■ Promote a balance between responding to immediate labor force needs and planning for longer-term changes in the labor market. 6. Every student completes his or her education, whether high school or college, with the skills needed to enter a well -paying career. ■ Make school completion a high civic priority with broad community support and engagement. ■ Promote partnerships and encourage integrated early childhood services—incorporating cognitive, intellectual and emotional development, health, and family social services—to ensure that children entering school are ready to learn. ■ Promote provision of a range of age-appropriate career exploration and experience opportunities for children, beginning at the elementary level. ■ Promote alignment of education, including school boards and workforce development agencies, with the needs of local industry. 1PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Getting From Here to There: Transportation and Mobility Transportation and Mobility focuses on improving Corpus Christi's transportation infrastructure and systems, including expanding mode choices to encourage biking, walking, and public transportation while maintaining the roadway system for long-term effective use. Integrating land use and transportation planning, along with support for aviation, rail freight and shipping from Corpus Christi, are key goals for the future. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 203525 Plan CC's Vision for eople can get around the city by multiple modes of ransportation—connected networks of good streets and idewalks, safe bicycle routes, and excellent public transportation. ity services, infrastructure and utility systems—including .treets—have been modernized to ensure that the city can support nd maintain urban and industrial growth, employing best -efficient manner. L 21PLAN CC COMPREHENSIVE PLAN 2035 --s EXHIBIT A Goals and Policies POLICIES FOR DECISION MA 1. Corpus Christi has an efficient and safe transportation network, including bicycles, pedestrians, public transportation, aviation, shipping, trucks and automobiles, that is integrated with land uses and promotes transportation choice, healthy lifestyles, and sustainable development patterns. 2. Corpus Christi's street system is maintained to standards for long- term effective use. 3. Improve the design and function of neighborhood collector and local streets. 4. Corpus Christi has a convenient and efficient public transportation system. 5. Corpus Christi International Airport is the aviation gateway to the Coastal Bend and supports economic development. 6. Support and enhance continuing national freight rail service from Corpus Christi. ■ Support a multimodal transportation network that is integrated with land uses. ■ Support compliance with transportation design standards. ■ Support the development of mode -choice corridors for bicycles, pedestrian and public transportation. • • • • • Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. Support adequate and balanced funding sources for long-term operation and maintenance of the street network. Integrate transportation planning with utility infrastructure planning. Promote lower vehicular speeds and bicycle/ pedestrian use on neighborhood streets. Consider a reconstruction program for local streets. ■ Support continued implementation of the Corpus Christi Regional Transportation Authority Long - Range Strategic Plan to prioritize funding to increase ridership and reduce single -occupancy vehicle use. ■ Support an operations plan to increase the efficiency and lower the life -cycle costs of the public transportation system. ■ Support transit -oriented development (TODs) near public transportation stations. ■ Continue to implement the Airport Master Plan. ■ Support enhancements to rail service essential to the city's economic success. ■ Minimize delays and improve safety at at -grade railroad crossings. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Community Infrastrurti ire, Facilities and Servicer Infrastructure, Facilities, and Services focuses on the improvement of long-term water supplies, water security, waste -water treatment, solid waste disposal and storm water and drainage systems through cost-effective and environmentally sustainable initiatives. Proposed improvements focus especially on long-term planning that integrates management strategies to meet or surpass regional and state goals and standards. 28 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Plan CC's Vision for :gawk .•N AAAA i /.•&A /A.•/'f EiN • NAA.,1 C/fA.•A.A AAIS ha Modernized city services and systems support growth and vitality in all parts of the city. City services, infrastructure and utility systems—including streets, drinking water supply, wastewater, and storm water management—have been modernized to ensure that the city can support and maintain urban and industrial growth, employing best practices in a c EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Goals and Policies GOALS POL C ES FOR DECISION MAKERS Natural S stems 1. Corpus Christi has an integrated, sustainable water -resource management program that provides a long-term supply of the right water for the right use—drinking water for residents and processed water for business and irrigation— while ensuring the integrity of environmental systems. 2. Corpus Christi has long-term water security that exceeds state water quality requirements. 3. Corpus Christi has a cost-effective and environmentally sustainable wastewater -treatment system that supports existing development and accommodates future growth. 4. Corpus Christi has a storm water and drainage system that is environmentally and economically sustainable. 5. All residences and businesses have a dependable, environmentally safe means to dispose of solid waste. 6. The City maintains all municipal buildings and facilities for long-term use. 7. Buildings, facilities and open spaces, both public and private, comply with ADA (Americans with Disabilities Act( standards. 8. Corpus Christi has state-of-the-art broadband and telecommunications services. 9. The city's electric grid is protected and resilient. ■ Develop and maintain integrated water -management strategies of surface, reuse, conservation, aquifer storage and recovery and desalination. ■ Support a water system and management master plan to meet demand through the year 2060. ■ Continue implementing the city's water - conservation plan. ■ Support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development in targeted areas. ■ Provide a safe, efficient, and sustainable water supply, treatment, and distribution system in an environmentally sound manner. ■ Maintain and improve existing water infrastructure, including the incorporation of new technologies where appropriate. ■ Support improvements to meet state and federal standards. ■ Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. ■ Promote natural drainage approaches ("green infrastructure") and other alternative non- structural and structural best practices for managing and treating storm water. ■ Promote reduction of pollutants in the Bay by reducing storm water discharges. ■ Promote economic development by reducing potential losses due to flooding and water -quality degradation. ■ Review the creation of a more equitable billing system for storm water services. ■ Continue providing city and regional waste - management services. ■ Continue to maximize landfill capacity by supporting recycling that meets or exceeds state and regional goals. ■ Support investment in an asset -management system. ■ Continue to invest in best practices for long- term, life -cycle energy and resource efficiency in improvements, renovations, or new facilities. ■ Support programs to meet all outstanding ADA deficiencies in public facilities. ■ Make ADA accessibility information available to the public. ■ Seek provision of high-speed Internet and telecommunications access to all residents and businesses. ■ Work with electric service providers to upgrade the grid and put it underground. 30 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Future Land Use, Zoning, and Urban Design Every comprehensive plan contains an element on future land use and a future land use map. The Future Land Use, Zoning, and Urban Design element sets forth the policy framework for the physical development of Corpus Christi over the next 20 years. It is the guide for decision makers on the pattern, distribution, density and intensity of land uses that, over time, will help the city achieve the community's vision for the future. The future land use map is not a zoning map but provides the foundation for zoning. It guides land -use decision makers when they are called upon to exercise their discretion in making rulings on rezoning and similar issues. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Plan CC's Vision for I L FROM THE VISION: • • L 9 ' •• L Corpus Christi's growth has revitalized older parts of the city; created new live -work -play neighborhoods and downtown; resulted in compact, mixed-use centers in key commercial districts; and promoted a connected sense of place and neighborhood in new housing development.... FROM THE PRINCIPLES: • Pursue high-quality development. Make public investments a model of excellent design and function and establish high- quality design standards for private development. Consistent application of clear standards will make the city more attractive for people who live here now and attract new residents. • Be strategic. Strategically integrate public physical, economic, and social investments to leverage private investment and grants in order to create critical mass that supports enhanced choices in housing, transportation, and retail and services. This critical mass will then stimulate self-sustaining activities. 2 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Goals and Policies GOALS POLICIES FOR DECISION MAKERS 1. Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Protect and enhance stable residential neighborhoods. ■ Promote revitalization and redevelopment of older neighborhoods. ■ Support creation of a City redevelopment authority or similar agency. 2. Downtown and mixed-use urban and neighborhood villages provide walkable environments and new housing options. ■ Support planning to create urban and neighborhood villages. 3. Public and private developments demonstrate high standards of design. 4. Regulations to protect military and civil- ian airfield and airport use are in place. 5. Transitions from residential enclaves to non-residential uses have occurred in industrial and aviation special districts. 6. Annexation plans provide for orderly growth in the southern ETJ and indus- trial agreements in the northern ETJ. ■ Adopt design standards and guidelines that result in high-quality built environments. ■ Adopt regulations consistent with the recommendations of the Joint Land Use Study. ■ Support city involvement in setting up a fair transition process. ■ Adopt policies and regulations that ensure orderly development in annexed areas. Housing and Neighborhoods • Preserve and support the character of stable residential neighborhoods. • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. • Locate multifamily development where there is nearby access to retail, services, and public transportation, such as in mixed-use centers or urban villages. • Promote interconnected neighborhoods with appropriate transitions between lower -intensity and higher -intensity land uses. • Avoid locating small areas of residential uses where they will be surrounded by intensive commercial or industrial uses. Mixed -Use Centers • Promote residential and mixed-use development downtown. • Provide for compact and walkable mixed- use urban villages that concentrate retail and services within walking distance of neighborhood residences and where they could support improved public transportation service, such as expected major bus stations and future stops for bus rapid transit, creating "transit - ready" locations. • Provide for neighborhood villages— smaller mixed -used areas to concentrate neighborhood -serving retail and services along with some residential development. Efficient Development Patterns • Locate new residential developments adjacent to and connected to existing development. • Avoid "leapfrog" development that locates subdivisions far from other residential areas. • Avoid development that is incompatible with the operation of military airfields and the airport. • Use annexation powers combined with minimum lot size in zoning and infrastructure policy to promote orderly and efficient development in the ETJ. • Locate heavy industrial uses close to one another and to services for industrial uses. Environment and Resilience • Preserve and protect environmentally sensitive land and water. • Preserve land around creeks and drainage corridors to achieve a green network of interconnected parks, multi -use paths, passive and active recreational spaces, and conservation land. • Avoid development without resilience measures and mitigation in areas vulnerable to hazards. a • Puiad asn • ua1 so3 ua . EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 I.PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A G in cu f ,,t B0 �1 I EXHIBIT A .O ••• C O 0 m 'ft' N E G 2 0 0 E E y O a » ° E m O y , 2 C • o 0 w 0 11 JI PLAN CC COMPREHENSIVE PLAN 203535 111;MMFi li 015 re Land Use Definitions RURAL USES Agriculture/Rural Enterprise This category includes farms and other enterprises that serve the rural population, such as convenience retail and gas stations, agricultural suppliers, and so on. Uses include: • Single-family homes on very large lots or associated with rural enterprise uses • Agricultural uses • Vacant land that has not previously been developed • Small business clusters that serve a rural population RESIDENTIAL USES The predominant residential land use in the City of Corpus Christi is the single-family dwelling at a range of densities. Instead of a general residential category, the Future Land Use Map for Plan CC designates three density levels for single-family housing and a separate land use category for multifamily development and for mixed-use development, which can include housing. The purpose of this approach is to show multifamily housing locations. All residential categories also include schools, churches, and neighborhood -serving public uses. Where small enclaves of residential uses are surrounded by existing or planned light -industrial or intensive commercial uses, rezoning should not perpetuate or enlarge these enclaves. Single -Family • Low-density single-family: up to 4 units per acre • Medium -density: 5 to 12 units per acre (including two-family dwellings) • High-density: more than 12 units per acre Multifamily • Multifamily development can range from small apartment buildings with three or four units and townhouse developments to large apartment buildings. • Smaller buildings of no more than three stories can coexist with neighborhoods of predominantly single-family housing, preferably located at intersections or on collector streets. • Preferred locations for larger buildings include downtown and downtown -adjacent areas, locations within a walkable distance of urban village cores, and transportation and transit corridors. COMMERCIAL USES Commercial land uses include retail and office uses that are typically open to the public at large. Other commercial uses, such as wholesale and distribution businesses, are included in the light industry category because they have similar impacts, such as high volumes of trucking. In Corpus Christi, 60 percent of retail development is located in the SH358/South Padre Island Drive corridor. The concentration of retail and other commercial businesses in this corridor is unlikely to change, particularly because so much of it is located on frontage roads to the highway. The desired change is for redevelopment and transformation of this commercial area into higher -value and more attractive development with higher design standards. Schools, churches, and neighborhood -serving public uses can be included in commercial land use areas. Zoning can distinguish among different types of commercial development including: Neighborhood Commercial • Areas for neighborhood retail and services that meet the day-to-day needs of residents and workers of surrounding neighborhoods (typically within a 3 -mile radius) with a range of uses such as smaller grocery stores, banks, restaurants and services such as small professional and health offices, barber/ beauty shops, dry cleaners, and so on. • These areas are accessible by automobile with sufficient parking, but also should be designed to accommodate pedestrian and bicycle access. General Commercial • Commercial areas serving a citywide or regional trade area, including shopping and entertainment centers that offer a range of retail and service establishments, including large supermarkets, department stores, movie theaters, big box stores, and supporting retail and professional services. • Office buildings or office uses on upper stories. • Leisure and entertainment uses. • General commercial areas are generally accessed by auto, but these properties should be designed to accommodate pedestrians and bicyclists, provide interior circulation between properties, and use appropriate landscaping to counter heat island and stormwater-management impacts. 36 1 ■PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A INDUSTRIAL USES Most of the industrial uses within the city limits of Corpus Christi are light industrial; heavy industry is located in the ETJ industrial districts. Light Industrial • Light industrial and office uses, potentially in "business park" settings, and typically near major transportation routes and services including highways, railroads, and airport facilities. • Light industrial uses typically produce consumer or end-user goods, require limited amounts of raw materials and energy, and are small- to medium - scale in size. Examples include food processing, furniture manufacture, and consumer electronics. • Small- to medium-sized warehouse and distribution uses. • Urban agriculture to produce a mixture of foodstuffs for sale • Supporting uses, such as minor retail and services that support the major uses. Heavy Industrial • Heavy manufacturing and large warehousing and distribution facilities. • Heavy industry is capital -intensive and generally sells to other industries rather than to final consumers. • Uses that require significant truck traffic and/or rail connections. • Supporting uses such as minor retail, services, and offices connected to the industrial use or serving an industrial park. • Certain public uses, such as landfills, that have an industrial character and impact. TRANSITION DISTRICTS Special I-37 Transition District The Special I-37 Transition District covers the residential uses west of the alignment of the new Harbor Bridge and north of I-37, such as Hillcrest and Dona Park. Located close to oil refineries and other industrial establishments, these neighborhoods have long been concerned about environmental pollution and contamination and have been losing population. The construction of I-37 cut them off from neighborhoods to the south. The Transition District designation indicates that over time the residential uses should leave this area and the designated land use should become light industrial or a buffer use (offices, supporting uses) within a heavy industrial district. The existing residential population includes both owner -occupants and tenants, predominantly low- income. The transition should take place over time within a framework that provides fair compensation and assistance to residents in moving to other parts of the city. Special Aviation Transition District The Special Aviation Transition District is also a district for transition from residential to non- residential uses, but for a different reason. NAS -CC and the City prepared and adopted a Joint Land Use Study (JLUS) in 2013 that called for land use changes to ensure compatibility with military and civilian aviation. For NAS -CC, this means avoiding residential land uses and other concentrations of people between the military installation and South Padre Island Drive. Implementing this recommendation of the JLUS is particularly important for NAS- CC, one of the most important employers in Corpus Christi. The federal government is expected to begin another evaluation of potential base closings in 2017, and efforts to implement the JLUS will help secure NAS in Corpus Christi. Like the I-37 Transition District, the Aviation Transition District is home to a low- and moderate - income population of owner -occupants and tenants and the transition process is likely to take many years. A process providing for fair compensation and assistance should be put in place for this area as well and could involve reimbursement programs run by the Federal Aviation Administration. MIXED-USE AREAS Mixed-use centers, ranging from vibrant downtown environments to active urban villages, include residential, retail, and office uses. Mixed-use centers are pedestrian -friendly and provide concentrated population and activity centers that can support enhanced transit. The mixture can be vertical, with uses on different floors of a building, and horizontal, with different uses side by side, and include multifamily, townhouse, cottage and small -lot single-family residential, retail and services, offices, hotels and live/work structures. Buildings should be oriented to the street, with active ground -floor uses that provide easy pedestrian access. Parking should be located in the rear of the lot or to the side where EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 lots are shallow, or in parking structures. Shared parking districts can make parking more efficient and benefit the entire district. Uses that require large amounts of trucking are not suitable for mixed-use areas. Churches, schools and public uses are included in mixed-use areas. Plan CC has one mixed-use land use designation that includes three types of mixed-use districts, which can be distinguished through zoning or overlay districts: • Downtown: Downtown is the largest center of pedestrian -oriented, mixed-use activity, with both vertical and horizontal mixture of uses, including housing, offices, ground -floor retail, services, restaurants and entertainment, cultural amenities, and so on. The mixture of uses creates a vibrant 18- to 24-hour, 7 -day -a -week live -work -play environment. • Urban Village: Urban Villages are medium- sized walkable centers that cover multiple blocks, include ground -floor stores and restaurants and upper -story offices, and typically have public transportation stops or stations. The types of stores, restaurants, and other amenities serve residents in the surrounding neighborhood and attract people from other parts of the city. • Neighborhood Village: Neighborhood Villages are smaller, walkable, mixed-use villages that can be as small as a few blocks around an intersection. They primarily serve the surrounding neighborhoods with retail and services. • A "collegetown" is a type of Urban Village, with retail, services, entertainment, and (often) housing, that is oriented toward the needs of students and located near a university or college or student -oriented housing. OTHER INSTITUTIONAL Hospitals, colleges, universities, and similar institutions, whether public or private, are designated as separate land uses because of their campus -like character, which requires special attention to edges and relationships with adjacent areas. GOVERNMENT Government uses include federal, state, county, regional and municipal government facilities and installations, except for government-owned institutions. PERMANENT OPEN SPACE Parks and playgrounds, recreational fields and facilities, greenways, and other green areas managed for public access and recreation FLOOD PLAIN CONSERVATION Lands within the 100 -year flood plan, preferably preserved for environmental reasons TRANSPORTATION Airports, railroads, highway and interstate rights-of-way. PLANNED DEVELOPMENT AREAS Planned development areas are lands that are currently undeveloped or underutilized but may be suitable in the future for a variety of uses, taking into account environmental and other constraints. Designated on Padre and Mustang islands and in the potential annexation areas, planned development areas are expected to require a rezoning tied to a master planning process or an Area Development Plan process. Key: Future Land Use Map [facing page] Mixed Use Agriculture/Rural Enterprise JJJJJJJ� Commercial JJJJJJJ)♦ Government JJJJJJJ)■ Institutional JJJJJJJJ■ Heavy Industrial In Light Industrial Low -Density Single -Family Residential 1PLAN CC COMPREHENSIVE PLAN 2035 Medium -Density Single -Family Residential High -Density Single -Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain City Limit Extraterritorial Jurisdiction Planning District Central Business District Proposed Harbor Bridge Alignment Future Land Use EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Downtown Planning District Future Land Use FUTURE LAND USE Downtown Planning District =Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional ®Heavy Industrial Light Industrial Low -Density Single -Family Residential 0 PLAN CC COMPREHENSIVE PLAN 2035 --s Medium -Density Single -Family Residential High -Density Single Family Residential =Multifamily Residential =Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain 1::, City Limit Extraterritorial Jurisdiction D Planning District ^J Central Business District Proposed Harbor Bridge Alignment Westside Planning District Future Land Use 0 0.5 1 1.5 Miles FUTURE LAND USE Westside Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial 11 Light Industrial Low -Density Single -Family Residential Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain 1::, City Limit Extraterritorial Jurisdiction I] Planning District ^J Central Business District Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN 20351 Midtown Planning District Future Land Use 2 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Southside Planning District Future Land Use =�a 0011 A Ol gg d la C R y y_ _ C 9 C E -.7.. f¢uo5zrn2 EXHIBIT A all ill :11 kl I Blil--1 PLAN CC COMPREHENSIVE PLAN 20351 Flour Blu f Planning District Future Land Use FUTURE LAND USE Flour Bluff Planning District Mixed Use Agriculture/Rural Enterprise =Commercial I 1Government —Institutional =Heavy Industrial Light Industrial Low -Density Single -Family Residential 4 PLAN CC COMPREHENSIVE PLAN 2035 • Medium -Density Single -Family Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain r� City Limit Extraterritorial Jurisdiction = Planning District ^J Central Business District Proposed Harbor Bridge Alignment Padre/Mustang Planning District Future Land Use 0 0.5 1 1.5 Miles FUTURE LAND USE Padre Island/ Mustang Island Planning District Mixed Use Agriculture/Rural Enterprise =Commercial =Government =Institutional =Heavy Industrial IIS Light Industrial Low -Density Single -Family Residential Medium -Density Single-Fami y Residential High -Density Single Family Residential Multifamily Residential Transition Aviation Special District Transition Special District Transportation Planned Development Permanent Open Space EXHIBIT A Flood Plain Conservation Water 100 -Year Flood Plain f� City Limit Extraterritorial Jurisdiction O Planning District ^J Central Business District Proposed Harbor Bridge Alignment PLAN CC COMPREHENSIVE PLAN 20351 • CC Airport Planning District Future Land Use 46 I PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Northwest Planning District Future Land Use OI d a R d ai > > C y " E _c 9 9 C C d 9 O E E C O =- E— p L O EXHIBIT A all tU :11 kl 19111` PLAN CC COMPREHENSIVE PLAN 20351 Chapman Ranch Planning District Future Land Use 48 1 PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A Flood Plain Conservation Water 100-Year Flood Plain I: aCity Limit Extraterritorial Jurisdiction Q Planning District IM Central Business District Proposed Harbor Bridge Alignment Stewardship and Implementation of the Plan This element focuses on implementation of the plan and has two sections. The first focuses on how to make Plan CC a "living" plan that is used, implemented, monitored and regularly updated, including organizational and incentive strategies to advance implementation. The second section provides a matrix of action plans that correspond to each of the plan elements. Although there is more focus on actions that the City of Corpus Christi government can take to implement the plan, many actions will also need the participation of private -sector partners. EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 Goals and Policies 1 ES •R DECISION MAKERS 1. A new, long-range planning system is in place. ■ Establish a comprehensive plan system based on a twenty-year time horizon. ■ Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan. ■ Amend planning ordinances to reflect the new type of comprehensive planning system. 2. The comprehensive plan is subject to regular public review of progress. ■ Establish public review of progress in implementing the plan. 3. A new Planning Department is in place. ■ Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. 4. The City has enhanced and new tools to implement the plan. ■ Make City programs and resources consistent with implementation of Plan CC. ■ Use incentives strategically to create a critical mass of improvements in designated areas. 5. Implementation of the comprehensive ■ Use the plan in preparing and approving other plan is incorporated in decision- planning and implementation activities by City making at multiple levels. agencies. 6. The City has expanded funding options to achieve the goals. ■ Use the funding approach that fits the goal. ■ Build relationships with government funders and philanthropies. 50PLAN CC COMPREHENSIVE PLAN 2035 EXHIBIT A EXHIBIT A PLAN CC COMPREHENSIVE PLAN 20351 PLAN CC COMPREHENSIVE PLAN 2035 CITY OF CORPUS CHRISTI, TEXAS 1 ADOPTED XXXX 2015 EXHIBIT A Plan CC Comprehensive Plan 2035 p PLANcc COMPREHENSIVE 2035 City Council Public Hearing October 13, 2015 Schedule 0 PLAN CC • October 13 - Presentation & Public Hearing • October 19 - Council Members Submit Comments • October 27 -1St Reading of Ordinance ❑ Vote on Changes to the Plan • November 10 - 2nd Reading of Ordinance Highlights of the Plan 0 PLAN_ CC Expanding choices to create a more competitive city • Creating options for current and new residents • Housing/Neighborhoods • Transportation • Potential 20-50,000 new households • Development both within and outside the current city limits. • Taking care of our infrastructure. • Protecting/ enhancing parks & natural resources. • Enhancing quality of life by improving places and connections. Framework for the Future 0 PLAN_ CC ✓ The Vision: a shared vision of what kind of city we want to be in 20 years ✓ The Principles: a shared set of values to guide planning and implementation ✓ The Goals: our target conditions to achieve the vision ✓ The Policies: guidance for decision -makers making choices for the city's future What Citizens Said 0 PLAN_CC • "I like that you are trying to make Corpus a more livable city for young people." • "More research/entrepreneurial advancement would be a gold mine." • "Most people are moving to the south side for a reason, probably good reasons no one should second guess." • "Encouragement of alternatives to have an urban life style as opposed to only have suburban apartment or housing options is a big deal to new professionals." The Vision 0 PLAN CC ✓ Our broadly diversified economy provides opportunity for all. ✓ Modernized city services and systems support growth and vitality in all parts of the city. ✓ High-quality, safe, connected and diverse neighborhoods provide a variety of living choices. ✓ Stewardship of our natural heritage and green space networks strengthens our unique character and supports resilience. Key Concepts:0 Economy & Workforce PLAN CC • Create a diversified economy with well paying jobs that build on existing industry strengths and technological innovation. • Build a robust entrepreneurial ecosystem. • Provide opportunity to build new skills for better jobs. • Make school completion a high civic priority with broad community support and engagement. • Make the city a place that is attractive to talented professionals and entrepreneurs. Key Concepts: Housing & Neighborhoods 0 PLAN CC Diverse households at different stages of the life cycle need different housing choices. ✓ 64% of households have no children under 18 ✓ 57% of households are one - or two -person households t d • .. • +tet i! 1 J 6i3� ii' -ac fOrba;„7-63 v04 6 e �`^ Td TTOSE rnBnPLEx uVEiWO tC • . cpneTr.e.Ro DIAJGALGW UNHOU—►\ , FOURPLE% APGRTFIEIJT COURT {-IQuCJ" N�3 ------ — — — \ OUPL�c I — — \—MISSINCs MIDDLE OCTAC4-0O 5M4LE-FAMLt OHES "' OYTICOS is®mm e.315 0vu.m 009.1. nc 8 Key Concepts: Housing & Neighborhoods 0 PLAN CC New options to complement traditional suburban -style development. Downtown housing to drive revitalization and vitality for residents and visitors. Mixed-use urban villages and "collegetowns" to upgrade traditional neighborhoods and create compact centers within new neighborhoods. 9 Key Concepts: Transportation & Mobility • Repair and maintain street infrastructure. • Develop bicycle and pedestrian networks to safely link destinations. • Provide frequent, comfortable, and convenient public transportation. Key Concepts: Infrastructure and Facilities • Long-term water security • Cost-effective, environmentally sound, and sustainable water, wastewater, storm water systems • Public facilities maintained for long-term use • Utilities to support competitive economic development and growth 11 Key Concepts: Land Use, Zoning & Urban Design 0 PLA=N cMAN c 1950 - 2010: City area grew 3 times faster than population Annex0DOP Date ▪ Original - 1853 ar 1920 - 1929 ▪ 1930 - 1939 1940 - 1949 Ns 1950 - 1959 1960 - 1969 mi 1970 - 1979 ▪ 1980 - 1989 1990 - 1999 2000 - 2009 Data source Cryo)Corpus E xtratemtonaI junsdtction City 1 tmit o a •11=7 Mibf 12 What's Different in the Future Land Use Map Mixed-use areas: — Approximately 4% of total city area including downtown and proposed urban villages. Transitional areas north of I-37 Transitional areas for compatibility with NAS -CC Planned Development areas on Padre Island Annexation Planned Development areas: — 5,000 acres in Southside/London — 3,000 acres in Northwest Industrial District Agreements across CC Bay Annexation Map PLAN CC AN orp ChrL Proposed Annexation Areas Proposed AnneWtbn Areas Ptopdsed Industrial DImlct oExbacerritonalcu,adkDoa =I C0.00. Como 0110 unix 0 14 Implementation 0 PLAN CC • Public resources, incentives, and investments are scarce. • Focus resources to help create critical mass, which creates visible change and attracts private investment. • Establish a new planning department and make the planners the coordinators for implementing the plan. • Establish cross -department task forces around places for strategic investment. • Build relationships with state and national funders. Schedule 0 PLAN CC • October 13 - Presentation & Public Hearing • October 19 - Council Members Submit Comments • October 27 -1St Reading of Ordinance ❑ Vote on Changes to the Plan • November 10 - 2nd Reading of Ordinance 0 PLAN CC Questions? 17 SUMMARY COMMENTS ON THE PLAN CC DRAFT DATED MAY 2015 RELEVANT TO GOALS AND POLICIES Matrix includes comments received through June 19, 2015 NATURAL SYSTEMS, PARKS & RECREATION GOAL 1— CORPUS CHRISTI BAY, THE NUECES RIVER, OSO BAY, OSO CREEK, AND OTHER WATER RESOURCES ARE CLEAN, PROVIDE ENVIRONMENTALLY HEALTHY AQUATIC AND WETLAND HABITAT, AND ARE FISHABLE AND SWIMMABLE. POLICIES • Support initiatives to ensure that it is always safe to swim at public beaches on the bay and on Padre and Mustang Islands. • Support initiatives to improve water quality so that shellfish beds are open throughout the city and can thrive throughout the Bay. • Support programs to manage the balance of fresh and salt water in the estuary. COMMENTS Clean Water on our Beaches and Bays are very important but there was a section of the Plan that calls for the swimmability of Oso Bay and Oso Creek. According to the Texas Parks and Wildlife, the bad bacteria levels there are way out of line and it would not be feasible to correct them because the main pollutant is wildlife (bird droppings)! CONSULTANT RESPONSE The language can be modified to accommodate this issue. STAFF RESPONSE The source of Oso Bay and Oso Creek bacteria has not been determined. "Bird droppings" are listed as the source of contamination for the Blind Oso only. Currently there is a TMDL/I-Plan underway for Oso Bay/Oso Creek for bacteria. This process will determine the source of contamination and include activities to address and restore the designated use for Oso Bay/Oso Creek which is "Contact Recreation." The language regarding these natural systems should not include that they are fishable/swimmable but that they meet EPA Water Quality Standards for their specific designated uses. GOAL 2 — WETLAND AREAS ARE PROTECTED OR EFFECTIVELY REPLACED SO THAT THERE IS NO NET LOSS OF WETLANDS. POLICIES • Support initiatives to preserve wetlands in the estuary. • Support creation of a wetlands mitigation bank, if feasible. COMMENTS Support wetlands... CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 3 — IMPORTANT NATURAL AREAS, SUCH AS BIRD BREEDING SITES, ARE PRESERVED AND PROTECTED AS USABLE HABITAT NETWORKS WITH ECOLOGICAL INTEGRITY. POLICIES • Support initiatives for preservation of bird rookeries and similar critical habitat sites. • Continue to support and protect nature preserves. • Promote ecotourism as a way to encourage and fund preservation of the natural environment and wildlife habitat. COMMENTS Support....animal habitats... I support: Building on Natural Systems: Increasing preservation of ecologically important systems that protect our tourism, recreation, flood prone areas and water quality. CONSULTANT RESPONSE No response. 1 STAFF RESPONSE No response. GOAL 4—THE CITY HAS A NETWORK OF GREEN CORRIDORS INCLUDING 050 CREEK, DRAINAGE WAYS, MEDIANS AND STREET TREES, PARKS, AND URBAN WILDS TO ENHANCE CONNECTIONS FOR BIRDS AND OTHER WILDLIFE POLICIES • Give priority to natural, green drainage systems for storm water management. • Give priority to strengthening the green character of existing open spaces. • Secure protection of the Oso Creek corridor through implementation of a linear park along Oso Creek. • Coordinate storm water management with trails and green network projects. COMMENTS Parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails should be connected in one system. The more I re-read the plan, the more excited I am that there is consideration for making the city more walkable, provide more trees, and that consideration is given to connecting paths through the use of existing drainage areas. To continue to be an appealing place for a changing generation, these are the amenities that other cities provide and who in a way, we are competing against. I support parks, infrastructure ROWs (i.e. storm water drainage and retention canals), and hike and bike trails be connected in one system. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5 – NATURAL BARRIER-BEACH ENVIRONMENTS ARE PROTECTED. POLICIES • Support enforcement of regulations that protect barrier beaches. COMMENTS No comments. GOAL 6 – NATIVE AND OTHER TREES ADAPTED TO THE ENVIRONMENT PROVIDE SHADE ALONG MAJOR STREETS AND IN PARKS AND OTHER PUBLIC SPACES POLICIES • Promote tree preservation and tree planting on public and private property. • Support creation of "adopt a tree" programs. • Give priority to native tree planting along major corridors and other public spaces, with sufficient short-term irrigation to establish trees for long-term drought-tolerant survival. • Support a full urban forestry program with appropriate staff within the Parks and Recreation Department. COMMENTS Invest in a City Forester Position: It is overdue that the City of Corpus Christi invest in a full time position to coordinate and prioritize tree planning and planting on public lands in CC. Plant trees in all parks. And the City Forester could plant trees that are well labeled! Shade and enclosed space would be awesome. CONSULTANT RESPONSE No response STAFF RESPONSE No response. 2 GOAL 7 — CORPUS CHRISTI HAS A NETWORK OF ATTRACTIVE AND SAFE PARKS THAT PROVIDE SHADE AND OTHER AMENITIES, ARE WELL-USED BY THE PUBLIC, AND MEET THE DIVERSE NEEDS OF THE POPULATION. POLICIES • Promote strategic implementation of the 2012 ten-year Parks and Recreation Master Plan (PRMP) to support comprehensive plan goals. • Update the PRMP every ten years. • Support cost-effective redesign to ensure that parks are safe and provide sufficient shade. COMMENTS My toddler is a runner. We like to go to Cole Park and the park across from McGee Beach. But, it can be very stressful because he likes to run away, and sometimes towards the street. I have lots of mom friends who use the playground at St Phillips Catholic church on Cimarron, but that is a drive from the area of town I live in. A shaded, enclosed public play area would be a gift to families with toddlers still learning to stay close to mom and dad. CONSULTANT RESPONSE Parks & Recreation Master Plan implementation includes creation of park design templates to include designs that meet a variety of needs. STAFF RESPONSE Same as consultant. GOAL 8 — PARKS, RECREATIONAL AREAS, AND OTHER GREEN PUBLIC SPACES ARE OF HIGH QUALITY AND ARE WELL-MAINTAINED. POLICIES • Provide adequate resources for basic maintenance and operations of all parks, recreational facilities, and other green public spaces, as discussed in the PRMP. • Continue to seek partnerships and sponsorships to support park maintenance. • Incorporate sustainable maintenance practices. COMMENTS No comments. GOAL 9 — CORPUS CHRISTI OFFERS RESIDENTS AN ARRAY OF OPPORTUNITIES FOR WATER-BASED RECREATION. POLICIES • Develop a plan for facilities and programs so that every resident has the opportunity to learn how to swim. • Seek partnership options to create community boating programs and education. COMMENTS The municipal marina is a jewel among marinas, yet one in which few participate....The bay on the western side of the bay is very choppy. This makes sailing small boats a challenge. We need a municipal marina on the southeast side of the bay. It should be a marina suitable for smaller craft. Our famous southeast prevailing winds are still available, but water is relatively calm. It is ideal for small boats of all varieties....If I could be "king-for-a-day" I would establish a joint public / private marina coinciding with the two entrances to TAMU-CC. It would have a landmass into the bay & bulkheads similar to the T-Heads with a hotel / convention center, floating docks, breakwater, multiple launch ramps and boaters facilities. I would create a competitive sailing program in all the area middle schools and high schools. The middle schools would each have at least three single-hand sailboats while the high schools would each have at least three 2-man sloops. Corpus Christi would be the North American center for Olympic Sailing. If TAMU-CC were not willing, I would locate the facility (without the hotel) at Swantner Park. It is our bay that makes us Corpus Christi. We should embrace it. CONSULTANT RESPONSE The plan suggests promoting community boating/sailing as suggested in more detail in this comment. Downtown revitalization can promote more activity in and around the downtown marina. One of the problems today is that there is little to do in downtown when boaters leave their craft and enter the city. STAFF RESPONSE Same as consultant. 3 RESILIENCE AND RESOURCE EFFICIENCY GOAL 1— CORPUS CHRISTI HAS A HOLISTIC COMMUNITY STANDARD OF RESILIENCE THAT ADAPTS TO CHANGING CONDITIONS. POLICIES • Support periodic review of resilience planning and implementation to adapt to changing conditions. • Promote public understanding of risk and the responsibilities of individual households, as well as city, state and federal governments. COMMENTS I support: Resilience: Requiring increased hazard mitigation and/or limiting growth in areas with poor drainage and that are flood prone in hurricanes. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 2 — THE CITY HAS A MULTIPLE-LINES-OF-DEFENSE STRATEGY FOR PROTECTION AGAINST FLOODING FROM COASTAL STORM SURGES. POLICIES • Promote implementation of regulations that protect barrier beaches and dunes. • Promote implementation of flood-protection measures throughout the city. COMMENTS No comments. GOAL 3 — GOVERNMENT OPERATIONS AND BUILDINGS ARE MODELS OF RESOURCE- AND ENERGY-EFFICIENCY AND RENEWABLE SOURCES. POLICIES • Support a greenhouse gas audit and use of renewable energy sources. • Continue organizational and operational improvements to maximize energy and resource efficiency and reduce waste. • Give preference to energy efficient design, materials and equipment in public facilities and infrastructure. • Expand the use of renewable energy sources for City operations. COMMENTS No comments. GOAL 4 — RENEWABLE SOURCES OF ENERGY, INCLUDING SOLAR AND WIND, AND OTHER ENERGY-CONSERVATION STRATEGIES, ARE AVAILABLE TO CITY HOUSEHOLDS AND BUSINESSES. POLICIES • Promote making renewable energy options available to homes and businesses. COMMENTS I noted the wonderful ideas for developing green energy in your report. I am a strong supporter of renewable energy, and understand that the Chapman Ranch was annexed specifically to block a wind farm that will be miles from the nearest city neighborhood. Why would the Council be so short sighted? Not only will it bring renewable energy to the area, but it will also bring jobs. Please urge the city to reverse the annexation, and fix the mess they have created so that they can join the rest of us in the 21st century. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOALS 5 — GREEN BUILDING TECHNIQUES ARE USED IN NEW DEVELOPMENT AND RETROFITS. 4 POLICIES • Promote green building through awards and nonfinancial incentives. COMMENTS For energy efficient housing, have builders and developers use the Coastal Bend Green Built program. It is the Green and Energy Efficient program of choice in the Corpus Christi area. CONSULTANT RESPONSE The CBGB program is good. However, for a 20 -year plan, a more general policy that can encompass acceptable alternatives that may emerge in the future is more suitable STAFF RESPONSE Same as consultant. GOAL 6 — REINVESTMENT IN EXISTING COMMUNITIES CONSERVES RESOURCES AND SENSITIVE ENVIRONMENTS POLICIES • Support clean-up and adaptive reuse of brownfields • Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. • Encourage urban farming and community gardens to promote access to local food. COMMENTS No comments. HOUSING AND NEIGHBORHOODS GOAL 1 - CORPUS CHRISTI HAS A COMPREHENSIVE HOUSING POLICY TO GUIDE DEVELOPMENT OF QUALITY NEIGHBORHOODS. POLICIES • Support a community-based system to develop and implement a citywide housing policy that includes stakeholders from government, the nonprofit sector, and the private sector. COMMENTS No comments. GOAL 2 - QUALITY HOUSING MEETS THE DIVERSE NEEDS OF HOUSEHOLDS AT ALL INCOME LEVELS AND ALL STAGES OF THE LIFE CYCLE. POLICIES • Support the planning, regulatory and funding initiatives needed to provide a diversity of housing types, rental and ownership, market rate and assisted, to meet community needs. COMMENTS I have indicated parts I agree with and have added additional comments: Commit to supporting quality of life in diverse areas for persons at all stages of life. Support in home care of the elderly, access to public and other transportation, shopping, especially for groceries, and health care. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 3 — CHRONIC HOMELESSNESS IS SIGNIFICANTLY REDUCED. POLICIES • Provide proactive city leadership in planning and implementation of homeless policies. • Support implementation of a "housing first" policy to address homelessness. COMMENTS I agree with....Create viable effective plan for homeless population. 5 CONSULANT RESPONSE No response. STAFF RESPONSE No response. GOAL 4 – ALL HOUSING IS IN GOOD CONDITION AND IS CODE COMPLIANT. POLICIES • Support effective, efficient, and sensitive code enforcement that focuses on compliance. COMMENTS I agree with....Strengthen environmental code enforcement and ENFORCE CITY CODES. Ensure that the city enforces code compliance. Use code enforcement to reduce slum landlord operations in inner city Corpus Christi. Enforce property codes with respect to illegal dumping, junked cars, tires, weeds, litter, trash, stray animals, etc. Have consistent code enforcement CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5 – NEW AND REDEVELOPED HOUSING IS RESOURCE -EFFICIENT. POLICIES • Ensure that City -assisted housing, whether new or rehabilitated, is energy efficient. • Promote resource -efficiency in all new housing through non-financial incentives, such as permit streamlining. COMMENTS No comments. GOAL 6 – CORPUS CHRISTI SUSTAINS AND MAINTAINS ESTABLISHED NEIGHBORHOODS. POLICIES • Support incentive programs to encourage infill development and rehabilitate housing stock in established neighborhoods. • Support enhanced code enforcement and campaigns to address litter issues. • Promote the organization of neighborhood associations and community initiatives to maintain neighborhoods. COMMENTS No comments. GOAL 7 – NEIGHBORHOODS ARE ENHANCED BY INVESTMENTS IN "URBAN VILLAGES" THAT IMPROVE QUALITY OF LIFE. POLICIES • Focus public investments—physical, environmental, functional and social—to support proposed walkable neighborhood commercial and mixed use districts, including compact centers along major roads. • Locate public facilities, civic and cultural uses within or adjacent to neighborhood commercial activity centers to act as anchors. • Coordinate among city departments and with the Housing Authority, school districts, county, state and federal agencies about locating new facilities and disposition of properties. COMMENTS Why is this plan so focused on bike paths and being able to walk to shopping? CONSULTANT RESPONSE - The plan is focused on providing more choice – in mobility, in housing, in types of places. Communities throughout the country that want to be competitive in the 21st century, including in Texas, find that new generations are looking for alternatives to conventional suburban -style development. 6 7 - See comments to Future Land Use. Goal 2. STAFF RESPONSE Same as consultant. GOAL 8 — NEW DEVELOPMENTS ARE DESIGNED TO PROMOTE A SENSE OF NEIGHBORHOOD, RATHER THAN AS ISOLATED SUBDIVISIONS OR APARTMENT COMPLEXES. POLICIES • Support regulations and guidelines that promote interconnected development. • Ensure that pedestrian and bicycle facilities are available in new and redeveloped areas. • Encourage unobtrusive parking solutions. COMMENTS No comments. ECONOMIC DIVERSITY AND WORKFORCE DEVELOPMENT GOAL 1— CORPUS CHRISTI HAS A DIVERSIFIED ECONOMY OF WELL-PAYING JOBS THAT BUILDS ON EXISTING INDUSTRY STRENGTHS AND TECHNOLOGICAL INNOVATION. POLICIES • Leverage the technological strengths of companies in the oil and gas cluster by supporting new product development and expansion into new markets. • Support market diversification by the tourism industry. • Promote expansion of public and private research activities in the region that offer the potential for the development of new products and emergence of new industries COMMENTS No comments. GOAL 2 — CORPUS CHRISTI IS ABLE TO ATTRACT AND RETAIN FIRMS BECAUSE OF ITS COMPETITIVE ASSETS AND SUPPORTIVE BUSINESS ENVIRONMENT. POLICIES • Develop and maintain strong lines of communication between local government and businesses to ensure timely responses to business needs. • Ensure that business taxes, fees and regulations are reasonable and equitable. • Make regulatory processes efficient and transparent. • Provide financial incentives judiciously for business investments that offer the potential for strong catalytic impacts, and structure incentives to provide the maximum public benefits. • Increase the availability of technical and financial resources essential to entrepreneurship. • Foster the development of a high-quality workforce across a wide range of occupations and skill levels that meets the current and emerging needs of local businesses and makes workforce a positive factor for business prospects. • Maintain transportation and utility infrastructure in good repair and make additional modernization investments as necessary in a timely manner. COMMENTS No comments. GOAL 3: CORPUS CHRISTI HAS A ROBUST "ENTREPRENEURIAL ECOSYSTEM" THAT SUPPORTS A THRIVING SMALL BUSINESS COMMUNITY. POLICIES • Foster a community culture that recognizes and embraces innovation and entrepreneurship. • Invest in the resources and capacity that support new venture startup and growth 7 8 • Encourage youth to develop entrepreneurial talents. COMMENTS The staff at the Innovation Center has reviewed Element 7 of the plan and we are very excited about its direction and emphasis for building a thriving startup ecosystem in our city. The need for a downtown co-working space and an "accelerator" program has been part of our discussion here for some time now. We have also had conversation about this with Terry Sweeney in our frequent meetings attended by Ann Fierova of the SBDC, Alyssa Barrera from the city, Mr. Sweeney, and Mike Culbertson from the CCREDC. I cannot speak for them but my belief is that they will find much to agree with in the plan. CONSULTANT RESPONSE No response. STAFF RESPONSE No response. GOAL 4: CORPUS CHRISTI ISA COMMUNITY OF CHOICE FOR TALENTED ENTREPRENEURS AND PROFESSIONALS. POLICIES • Foster a community culture that embraces diversity, values new ideas and welcomes new residents. • Create a strong, positive image for Corpus Christi, both internally and externally. • Strengthen community institutions and amenities that provide a high quality of life. • Provide positive incentives for highly skilled individuals with other locational choices to settle in Corpus Christi to pursue their careers. COMMENTS Since YBP [Young Business Professionals] was founded in 2009, we've had many members leave this community due to other job opportunities in cities like Houston, Austin, Dallas and San Antonio, mainly because of the quality of life in those cities. Of the members that have stayed, there is overwhelming support for continuing to invest in the types of development that makes Corpus Christi attractive to millennials and the future workforce that will be even more mobile. CONSULANT RESPONSE No response. STAFF RESPONSE No response. GOAL 5: UNEMPLOYED AND UNDEREMPLOYED WORKERS HAVE ACCESS TO TRAINING AND SUPPORT SERVICES THAT ENABLE THEM TO IMPROVE THEIR EMPLOYMENT STATUS AND QUALIFY FOR JOBS OFFERED BY LOCAL EMPLOYERS POLICIES • Ensure that career training programs and other workforce development services are aligned with employer needs and responsive to changing employer demand. • Support an easily accessible and seamless service delivery system for jobseekers. • Promote provision of essential support services that enable workers to seek and maintain employment. • Promote a balance between responding to immediate labor force needs with planning for longer-term changes in the labor market. COMMENTS No comments. GOAL 6: EVERY STUDENT COMPLETES HIS OR HER EDUCATION WITH THE SKILLS NEEDED TO ENTER A WELL-PAYING CAREER. POLICIES • Make school completion a high civic priority with broad community support and engagement. • Support the provision of integrated early childhood services incorporating cognitive, intellectual and emotional development, health and family social services to ensure that children entering school are ready to learn. 8 9 • Promote provision of a range of age-appropriate career exploration and experience opportunities for children beginning at the elementary level. • Promote alignment of career education with the needs of local industry. COMMENTS No comments. TRANSPORTATION AND MOBILITY GOAL 1 -CORPUS CHRISTI HAS AN EFFICIENT AND SAFE TRANSPORTATION NETWORK, INCLUDING BICYCLES, PEDESTRIANS, PUBLIC TRANSPORTATION, AVIATION, SHIPPING, TRUCKS AND AUTOMOBILES, THAT IS INTEGRATED WITH LAND USES AND PROMOTES TRANSPORTATION CHOICE, HEALTHY LIFESTYLES, AND SUSTAINABLE DEVELOPMENT PATTERNS. POLICIES • Support a multi-modal transportation network that is integrated with land uses. • Support compliance with transportation design standards. • Support the development of mode choice corridors for bicycles, pedestrian and public transportation. COMMENTS When I attended the open houses I gave input and it wasn't to ride my bike to work. Did anyone consider the weather and humidity in Corpus Christi? I have to be honest when I attended there was only a handful of people there. Why is this plan so focused on bike paths? NO, not everyone likes the idea of living in an "Urban Village" and riding a bicycle to work. C.C. Plan 2035...calls for more bicycle paths, walkways and public transportation. I like the concept of being able to walk and bike to restaurants and shops and the revitalization of existing neighborhoods. Parts [of the plan] I agree with.... Create safe bike routes for healthy lifestyle and less traffic, pollution. BASGI supports....Encouraging multiple mobility (transportation) options by planning and designing better connecting streets, sidewalks and pathways for pedestrian, bicycle and public transit, decreasing dependence on individual cars.... Limited additional parking is proposed in the downtown area which may not accommodate increased vehicular traffic, however, the Plan proposes an increase in public transportation, bicycle and pedestrian modes of travel, thus decreasing the number of cars going into the downtown areas. RTA has park'n'ride capability which can be expanded. The plan should stress the acquisition of abandoned railroad right-of-ways for conversion to hike and bike trails. The railway ROW along port extends from Agnes to Whataburger field and the Sea District, going through and past numerous light industrial and commercial districts on its way. From there the Shoreline bike path returns along the waterfront and commercial downtown district it to the railroad ROW extending from Laredo to Kinney and back down to Shoreline. The two railroad ROWs meet at Agnes which is also the identified area of a future Regional Transportation Agency (RTA) transfer station. This would produce off road pedestrian pleasure and commuting transit for low income neighborhoods to job creation areas in a way that would connect areas that will be further divided by the new harbor bridge. This city is not going to be a walkable city due to climate and the very large geographic layout. Walking and biking will continue to be recreation (and downtown tourism) and exercising. [T]he last point I would like to touch on are the biking and walking trails and lifestyles that are pushed in the plan. I could understand where this might be doable and or acceptable in Boston or up north however in a city that has our humidity and heat, I do not see a lot of people biking or walking anywhere unless they have to. We are way too spread out to walk or bike in the best of weather. Increasing street ROW to include green zones, bike paths and medians will affect cost of housing, again pushing "affordable" housing further from reality. 9 10 People in this community will not ride their bikes or walk around wearing business attire when it is 105F and 90% humidity outside. The citizens do not want to walk to the store and carry their groceries home. CONSULTANT RESPONSE Response to comments questioning the viability of bicycle and pedestrian facilities in Corpus Christi: -Enhancing bicycle, pedestrian and transit modes provides more transportation choice in addition to automobile use, depending on the distance and purpose of the trip. Use of non -automobile modes by some people some of the time can benefit drivers by taking vehicles off the road and decreasing traffic congestion growth. -Corpus Christi has pleasant weather up to 9 months of the year. That's why "winter Texans" come here. -Corpus Christi has poor health statistics. Safe pedestrian and bicycle routes that connect adults and youth to parks, libraries, shopping areas, and other community destinations will encourage healthier lifestyles. STAFF RESPONSE The City's adopted Mobility CC, CCRTA Long Range System Plan, CCMPO Strategic Plan for Active Mobility, CCMPO Metropolitan Transportation Plan and TxDOT Texas Transportation Plan 2040 promote a diversity of transportation modes for mobility, access management and safety by drivers, bikers, riders, and walkers. GOAL 2 -CORPUS CHRISTI'S STREET SYSTEM IS MAINTAINED TO STANDARDS FOR LONG-TERM EFFECTIVE USE. POLICIES • Support a long-term program to repair existing streets and regularly maintain the system to minimize life -cycle costs. • Support adequate and balanced funding sources for long-term operation and maintenance of the streets network. • Integrate transportation planning with utility infrastructure planning COMMENTS Older neighborhoods lose the pride they once had because it has been easier for families to move out into new subdivisions on the Southside with brand new roads and utilities than to continue staying in neighborhoods with crumbling streets. CONSULTANT RESPONSE No response. STAFF RESPONSE The City recognizes the key importance to adequately operate and maintain its streets infrastructure. GOAL 3 — IMPROVE THE DESIGN AND FUNCTION OF NEIGHBORHOOD STREETS. POLICIES • Promote lower vehicular speeds and bicycle/ pedestrian use on neighborhood streets. • Consider a reconstruction program for local streets. COMMENTS Improve residential streets and the underlying infrastructure. One of the ways to improve the revenue and value of older neighborhoods is simply fix the residential streets. Home values are 15%-17% higher on well-maintained streets with adequate, curb, gutter and sidewalks. CONSULTANT RESPONSE No response. STAFF RESPONSE The City has no current funding mechanism to repair neighborhood local streets. GOAL 4 -CORPUS CHRISTI HAS A CONVENIENT AND EFFICIENT PUBLIC TRANSPORTATION SYSTEM. POLICIES • Support continued implementation of the Corpus Christi Regional Transportation Authority Long -Range Strategic Plan to prioritize funding to increase ridership and reduce single -occupancy vehicle use. • Support an operations plan to increase the efficiency and lower the life -cycle costs of the public transportation system. • Support transit -oriented development (TOD's) near public transportation stations. 10 COMMENTS Public transportation now accounts for 2% of current traffic. I don't believe you will be able to force our citizens to change that dramatically with big investment in public transportation. Let's spend those dollars on our streets (2 major causes of street problems are buses and garbage trucks as opposed to private cars). RESPONSE The plan does not propose additional local funding for public transportation but support for the CCRTA's current strategy of improving service on the most -used routes by increasing the frequency, comfort and convenience of service, which can attract more riders. STAFF RESPONSE CCRTA is independently funded with its mission to provide safe, reliable and affordable transportation for residents. The shift to alternative modes of transportation will reduce traffic congestion and will improve environmental sustainability. GOAL 5 -CORPUS CHRISTI INTERNATIONAL AIRPORT IS THE AVIATION GATEWAY TO THE COASTAL BEND AND SUPPORTS ECONOMIC DEVELOPMENT. POLICIES • Continue to implement the Airport Master Plan COMMENTS No comments. GOAL 6 -SUPPORT AND ENHANCE CONTINUING NATIONAL FREIGHT RAIL SERVICE FROM CORPUS CHRISTI. POLICIES • Support enhancements to rail service essential to the city's economic success. • Minimize delays and improve safety at at -grade railroad crossings. COMMENTS No comments. INFRASTRUCTURE, FACILITIES AND SERVICES GOAL 1 -CORPUS CHRISTI HAS AN INTEGRATED, SUSTAINABLE, WATER RESOURCE MANAGEMENT PROGRAM THAT PROVIDES A LONG-TERM SUPPLY OF THE RIGHT WATER FOR THE RIGHT USE—DRINKING WATER FOR RESIDENTS AND PROCESSED WATER FOR BUSINESS AND IRRIGATION—WHILE ENSURING THE INTEGRITY OF THE ENVIRONMENTAL SYSTEMS. POLICIES • Develop and maintain integrated water -management strategies of surface, reuse, conservation, aquifer storage and recovery and desalination. • Support a water system and management master plan to meet demand through the year 2060. • Continue implementing the city's water -conservation plan. • Support a strategic approach to providing adequate water, wastewater -treatment and storm -drainage infrastructure to support redevelopment and new development in targeted areas. COMMENTS No comments. GOAL 2 -CORPUS CHRISTI HAS A LONG-TERM WATER SECURITY THAT EXCEEDS STATE WATER QUALITY REQUIREMENTS (TCEQ). POLICIES • Provide a safe, efficient and sustainable water supply, treatment and distribution system in an environmentally sound manner. • Maintain and improve existing water infrastructure, including the incorporation of new technologies where appropriate. COMMENTS No comments. GOAL 3 -CORPUS CHRISTI HAS A COST-EFFECTIVE AND ENVIRONMENTALLY SUSTAINABLE WASTEWATER TREATMENT SYSTEM THAT SUPPORTS EXISTING DEVELOPMENT AND ACCOMMODATES FUTURE GROWTH. 11 POLICIES • Support improvements to meet state and federal standards • Support an approach that establishes priorities for the replacement and correction of existing facility deficiencies and for meeting future needs. • Support the creation of a more equitable billing system for storm water services. COMMENTS No comments. GOAL 4 –CORPUS CHRISTI HAS A STORM WATER AND DRAINAGE SYSTEM THAT IS ENVIRONMENTALLY AND ECONOMICALLY SUSTAINABLE. POLICIES • Promote natural drainage approaches (green infrastructure) and other alternative non-structural and structural best practices for managing and treating storm water. • Promote reduction of pollutants in the bay by reducing storm -water discharges. • Promote economic development by reducing potential losses due to flooding and water -quality degradation. COMMENTS See comments for Green and Blue, Goal 4. GOAL 5 –ALL RESIDENCES AND BUSINESSES HAVE A DEPENDABLE, ENVIRONMENTALLY SAFE MEANS TO DISPOSE OF SOLID WASTE. POLICIES • Continue providing city and regional waste -management services. • Continue to maximize landfill capacity by supporting recycling that meets or exceeds state and regional goals. COMMENTS No comments. GOAL 6 –MAINTAIN CITY BUILDINGS AND FACILITIES FOR LONG-TERM USE. POLICIES • Support investment in an asset -management system. • Continue to invest in best practices for long-term, life -cycle energy and resource efficiency in improvements, renovations, or new facilities. COMMENTS No comments GOAL 7 –BUILDINGS, FACILITIES AND OPEN SPACES, BOTH PUBLIC AND PRIVATE, COMPLY WITH ADA (AMERICANS WITH DISABILITIES ACT) STANDARDS. POLICIES • Support programs to meet all outstanding ADA deficiencies in public facilities. • Make ADA accessibility information available to the public. COMMENTS Privately -owned facilities should not have to be forced to comply with the ADA. CONSULTANAT RESPONSE See the following on ADA requirements for privately owned places of public accommodation: (http://www.ada.gov/ada_title_Ill.htm) "Title 111 prohibits discrimination on the basis of disability in the activities of places of public accommodations (businesses that are generally open to the public and that fall into one of 12 categories listed in the ADA, such as restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors' offices) and requires newly constructed or altered places of public accommodation—as well as commercial facilities (privately owned, nonresidential facilities such as factories, warehouses, or office buildings)—to comply with the ADA Standards." STAFF RESPONSE Same as consultant. 12 GOAL 8 –CORPUS CHRISTI HAS STATE-OF-THE-ART BROADBAND AND TELECOMMUNICATIONS SERVICES. POLICIES • Seek provision of high-speed Internet and telecommunications access to all residents and businesses. COMMENTS No comments. GOAL 9 –THE CITY'S ELECTRIC GRID IS PROTECTED AND RESILIENT. POLICIES • Work with electric service providers to upgrade the grid and put it underground. COMMENTS No comments. FUTURE LAND USE, REGULATIONS, AND URBAN DESIGN GOAL 1—CORPUS CHRISTI DEVELOPMENT PATTERNS SUPPORT EFFICIENT AND COST-EFFECTIVE USE OF RESOURCES AND HIGH QUALITY OF LIFE. POLICIES • Protect and enhance stable residential neighborhoods. • Promote revitalization and redevelopment of older neighborhoods • Support creation of a city redevelopment authority or similar agency. COMMENTS Zoning areas now with thoughts to longer-term development can only help orderly growth. The plan focuses only on the current city with little planning for future areas to be developed. The plan is OVER -REACHING in its goals to force infill and downtown development at the expense of the suburbs. The plan is an attempt to change the character of our city by forcing infill, public transportation, design standards, etc – housing buyers will vote with their $$$ on where to live and will not be forced into rentals, urban villages, walkable and bikeable mobility. Some great ideas here, but not at the expense of new homes: The overall concept of this plan sounds great. However, I am very concerned with the language regarding new home builds and restrictions placed on the development of new neighborhoods. If we stop the development of new neighborhoods in the outskirts of CC (OSO, Annaville, Calallen, etc) we are going to shoot ourselves in the foot. NO, not everyone likes the idea of living in an "Urban Village" and riding a bicycle to work. I choose to live in Calallen and work in Corpus. We need growth to continue! Build new schools and infrastructure out in 5 points. From what I read this plan would effectively halt all new production! If we wanted urban villages, skinnier streets, land grabs and the other junk that this plan is comprised of, then I would move to Staten Island or to Boston with the consultants. The new Urbanism model will not work here without a downtown Law or Medical school as anchor. The more appropriate model seems to me to be more like the Santa Monica, CA. model of mix 1/4 acre homes in secure, insulated suburban neighborhoods with limited apartment and townhouse developments and "Ad-hoc"ammenities based on unplanned, entrepreneurial endeavors. North Beach should be a string of retirement communities abutting a really nice golf course and safe beach promenade, (Limit transients by zoning out liquor stores like they do in D.C.). The plan for in -city housing neglects the cost of tear -down and upgrade infrastructure which prevents "affordable "housing in these areas. New major city investments in sewer plants, water system, drainage channels will have to be made for these areas – why not spend those $$$ where 75% of the buyers want to live – the suburbs. The Council should instead look at in -fill projects in higher elevation regions of the City. Doing so will best meet the needs of residents. 13 14 We also have approximately 11,000 infill properties in our city and many neighborhoods need to be revitalized. I am sure this is why there is focus there but many of those properties are not located in downtown Limit city sprawl and revitalize properties that are vacant: Build within the city, repair infrastructure in the city especially the Bay Area. Emphasis on infill development, which I favor .... I suspect lack of developer support can be attributed to historical absence of programs and incentives for infill development [downtown/northside/westside]. So long as undeveloped land, abutting floodplains/creeks, is cheaper than infill sites, developers' market incentives will drive them to the outskirts. This is particularly true so long as development standards for new subdivisions are minimal. If real flood risk were to be taken into account in new development costs, up/downtown areas would become competitive because old areas are highest elevated. I support the idea of developing within already established neighborhoods where water and sewer infrastructure already exist. This type of development is cost effective and does not create additional financial burdens on the taxpayers. Corpus is behind in a lot of things, especially the idea of "urban downtown living." This new plan follows the same concept of recycling, we need to reuse our old infrastructure and give Corpus a purpose again. I stand for everything this draft represents. We need these big goals, they will push us to become something new and something greater. [S]tart the conversation to include revitalizing our community's history and culture into your comprehensive plan. Believe it or not, but history does tie into tourism and that overall increases monies that comes into a community. The draft plan encourages infill and the stimulation of growth in the greater downtown area, while discouraging unnecessary urban sprawl. It is clearly in the best interest of the entire city, which is why the city council should implement it as is. As a city, we cannot afford to continue operating as we have been doing for the past 20 years. Our infrastructure is in horrible condition. We have neglected existing neighborhoods, while stretching our boundary to the south without the requisite population growth to warrant it. Older neighborhoods lose the pride they once had because it has been easier for families to move out into new subdivisions on the Southside with brand new roads and utilities than to continue staying in neighborhoods with crumbling streets. This causes property values to go down in those areas and may lead to other indirect consequences such as increased criminal activity and schools which do not have the parental support they once had because families do not stick around for generations like they once did. It is well known that urban sprawl stretches resources. More money has to be spent on things such as trash pickup, road maintenance, dispatching police officers and firefighters to those areas in the routine performance of their duties and eventually building more police/ fire substations to decrease response times. Encouraging infill is a conservative and responsible management of these resources. Further, there is plenty of vacant land already within the city limits for future population growth. A development master plan for new areas would have maps, elevations, and proposed routes with budgetary estimates for these infrastructure costs. The plan for existing areas would focus on details of infrastructure expansion or replacement with related costs. PIanCC2035 does not. In a twenty year plan, there is one any only one strategic imperative — to secure the necessary land, easement, property rights, and budgeted funding to allow growth to occur in an orderly manner. Failure to secure these property rights today will cause traffic, urban sprawl, delayed development, and increased cost of all development. It will never, ever be cheaper than today, when much of the land is raw. In fact, failure to properly plan and piecemeal development will permanently impair orderly development if natural traffic or water pathways have even a few houses blocking the least -cost corridors. If such a master plan existed, it would be actionable (e.g. demonstrate what property must be acquired) and would provide a budgetary framework to provide a financial growth plan.... The conclusion was pre -ordained by the constraints which force prioritization of downtown over larger -scale tract development in outlying areas but still within the City. The study completely repudiates the clear and rational trend of the last twenty years of growth to the South and West and ignores the (unfortunate but real) social and economic factors which continue to weaken the near -downtown neighborhoods.... Here is perhaps 14 15 the only question that matters: If and when will the City take the necessary tangible steps to support large scale development on the South-west side of Oso creek or beyond 286? Judging by the results manufactured by PIanCC2035, the answer is never. I urge you to responsibly plan for Targe -scale, natural growth which has been demonstrated to be South and West. Doing nothing is preferable to doing damage. Let me be very clear on the issue of downtown and near downtown redevelopment. We have a moral obligation to provide low-cost, safe, clean housing. We have a strategic need to reverse urban blight, decay, and crime. Policies to achieve this goal are within the scope of good government. ... PIanCC2035 addresses the urban problem with grants, subsidies, Targe -parcel dislocation/redevelopment. It is likely to fail, experience substantial delay, or be too expensive to apply on a Targe scale. It also does not address the problem at the heart of the decaying neighborhoods which is the fact that hard-working people who care for their houses are brought down because the house next door to them is falling apart. The solution requires a fix at the granularity of lot -by -lot improvement in the heart of struggling areas. I agree: Make a high priority of infill of downtown and contiguous areas, with builders encouraged to help in revitalizing inner city Corpus Christi. Financial incentives needed. I believe the city has too Targe a geographical area already and is opposed to annexation of more land. The city has authority through its extra territorial jurisdiction to control the sprawl outside its boundaries, but refuses to do so. The only way to encourage the redevelopment of existing neighborhoods is to limit the expansion and creation of new neighborhoods outside the city. If demand for single-family detached housing in the City's South side is as great as builders and developers are claiming, then those developments should be able to pay their own way in terms of waste and storm water infrastructure extension, new police and emergency services stations, and other increases in residential service demand directly associated with new development. BASGI supports....Limiting urban sprawl and future unsustainable expansion by implementing wise land use planning and responsible development At the heart of the American dream is the simple hope that each of us can choose to live in a neighborhood that is beautiful, safe, affordable and easy to get around. Plan 2035 growth does just that. Smart growth creates healthy communities with strong local businesses; neighborhoods with schools and shops nearby and low-cost ways to get around for all our citizens In my opinion this plan is NOT a citywide comprehensive plan; at best it is a near -downtown plan. I support the draft plan....specific draft issues: Limiting sprawl: The geographic size of the City versus the number of taxpayers has reached a point where it threatens the economic viability of the City at some point in the future. Allowing new development through expansion and annexation will exacerbate this problem Revitalization & Housing: I agree with the recommendations and would strength the City's commitment to bringing infrastructure in older neighborhoods up to its predicted future use. I believe the financial obligations of supporting a failed infrastructure system could easily surpass the cost of rebuilding it with no gain in economic development and revitalization. Economic development will only occur (including Neighborhood Villages) when the City decides to invest in older areas to pro6. Infrastructure: Corpus Christi has serious and obvious deficits in its infrastructure. Limiting geographic growth and increasing density is the only way the City can realistically ever reduce its infrastructure costs per capita, which includes taxes, fees, utility rates. Prove to private investors they are a willing partner and committed to revitalization. CONSULTANT RESPONSE Response to critiques of promotion of redevelopment of older neighborhoods: - Plan CC suggests that the City and stakeholders look for a new approach to financing infrastructure that supports infill development and also does not require existing rate payers to pay for major infrastructure extensions. - The plan encourages infill growth in order to maximize use of existing services and infrastructure, but recognizing that infill development will often also require infrastructure upgrades. 15 16 - Recognizing that development is already occurring across Oso Creek in the ETJ, the plan proposes a system for orderly growth based on plans for land use and infrastructure financing. Planning for the Weber -extended area that is the focus of growth would take into account vulnerability to flooding and other environmental issues - A comprehensive plan is not a development master plan nor is it a utility master plan. It is a plan for the existing city as well as for undeveloped areas. Plan CC does propose an integrated planning process, including infrastructure planning, for certain undeveloped areas. The plan balances revitalization, redevelopment, and development within the city limits with planned development areas for future annexation. STAFF RESPONSE Same as consultant. GOAL 2—DOWNTOWN AND MIXED-USE URBAN AND NEIGHBORHOOD VILLAGES PROVIDE WALKABLE CENTERS AND NEW HOUSING OPTIONS. POLICIES • Support planning to create urban and neighborhood villages. COMMENTS We can't force businesses and people to live in the areas this plan seems to focus on. I'm not convinced that the downtown infrastructure can handle a great deal of growth. Was this looked at and addressed? I drove downtown today - there are For Sale signs all over. Why would someone want to live downtown when there is no work downtown? The focus of the plan seems to be all about downtown revitalization I get that our downtown is not a huge market with a high volume of residents but why is there so much focus. Yes, downtown could use a face lift and an identity change, but not at the expense of new development! [L]ocal citizens DO NOT want mixed-use neighborhoods – almost every apartment zoning case meets with very strong opposition from the nearby home owners. Forcing commercial into mixed use neighborhoods so they can be walkable – I just don't see that in our climate. And will retailers build where their customers are based on walk-ins? Enough of this "urban villages" stuff. We surely don't need another Sugarland, TX. Re -development for its own sake is sometimes subject to the laws of nature. If downtown can't reinvent itself, let it become a 9 to 5 ghetto. Even Texans understand, "If you're riding a dead horse, get off." [T]he plan seems to try and grow downtown into a contained living area where people can walk to retail, coffee shops to grocery stores. It seems the city wants these little village areas in a few different locations throughout the city. The village concept, in my opinion, is better served in a larger city where large groups live within a short distance to their workplace. I believe if we had large corporations like Dell then this concept might work. I also believe that the cost for a developer to develop the older buildings downtown does not make financial sense when a piece of raw land can be bought and developed. As a resident, voter, and taxpayer, I consider myself a City of Corpus Christi shareholder. As such, I support the city investing our limited resources where we can reap the greatest return on investment - our downtown.... a vibrant and active downtown, where people can live, work, and play would generate tax revenues for the City in the form of increased sales tax, increased hotel taxes, and increased property values. A vibrant downtown could be the crown jewel of our tourism industry. BASGI.... Supporting revitalization of the older areas of the City, through infill and mixed use development, facilitating urban and neighborhood villages as a way to stabilize and rebuild; 16 17 My point is that we don't need the rest of the plan that is advocating "villages" with retail, etc that all depends on supply & demand as well as economic/demographic factors...not a "build it and they will come" vision. Market/demographics will always determine where private investment/development occurs...where the city will best spend monies (our tax dollars) is, again, infrastructure. Unless a business or developer knows that that high cost improvement is what is needed to support the project, they will not invest in CC I really like most of the ideas for the Downtown area and would love to see a resurgence there. This plan cements those gains [of the recent past] and sets up the city for another twenty years of organized, smart growth, that allows the city to provide a variety of housing options for people at different stages in their lives. This is very important, as a person who has who has attracted highly educated, well paid young professionals who are excited to live in Corpus, this plan allows for the consideration of other housing/life style options that are more appealing, as the current offerings are limited for this group and within two years, these professionals leave for cities that offer more. In specific, encouragement of alternatives to have an urban life style as opposed to only have suburban apartment or housing options is a big deal to new professionals. I support the City facilitating Urban Villages and Neighborhood Villages as the way to stabilize and rebuild older neighborhoods The Young Business Professionals of the Coastal Bend support the goals and strategies in Plan CC that promote walkable urban villages, reinvestment in older parts of the city, downtown revitalization, and diversification of the economy so that there can be more jobs for highly skilled people, and unique offerings that highlight the great things about Corpus Christi. CONSULTANT RESPONSE Response to concerns about the Urban Village idea: -Under this plan, the majority of the city will retain its present character but there will be more choice. Nobody will be forced to live in a particular kind of housing. -The plan provides for a relatively small number of mixed-use, walkable centers—the mixed-use land use designation amounts to 3% of the existing city acreage. Participants in the planning process generally supported the idea of having more choice in housing and transportation. -Over the course of 20 years, providing more diversity and choice in Corpus Christi will make the city more competitive. Other Texas cities are establishing this kind of diversity and choice and attracting new residents. STAFF RESPONSE Same as consultant. GOAL 3—PUBLIC AND PRIVATE DEVELOPMENTS DEMONSTRATE HIGH STANDARDS OF DESIGN POLICIES • Adopt design standards and guidelines that create high-quality built environments. COMMENTS Architectural style and design should not be controlled by the City CONSULTANT RESPONSE Design standards and guidelines do not prescribe architectural styles but provide a framework for creating attractive and functional places. STAFF RESPONSE No response. GOAL 4—REGULATIONS TO PROTECT THE MILITARY AIRFIELD AND CIVILIAN AIRPORT USE ARE IN PLACE. POLICIES • Adopt regulations consistent with the recommendations of the Joint Land Use Study. COMMENTS No comments. 17 GOAL 5—TRANSITIONS FROM RESIDENTIAL ENCLAVES TO NONRESIDENTIAL USES HAVE OCCURRED IN INDUSTRIAL AND AVIATION SPECIAL DISTRICTS. POLICIES • Support City involvement in establishing a fair transition processes. COMMENTS Who will define what a fair transition process is? Please be specific. [T]he Plan slates the Hillcrest neighborhood as a Special 1-37 Transition District that will change from residential to light industrial or buffer use without meaningful consultation with the current residents and without any specific strategies or funding sources for how this transition would happen....Any consideration of a transition this drastic for a residential neighborhood, particularly one with such a unique history, must include meaningful outreach to the affected residents. Furthermore, there are no specific strategies or funding sources in the Plan to ensure any transition would occur in a manner that would respect the history of the neighborhood, offer real choices for its current residents, or provide "fair compensation and assistance to residents in moving." For example, the goal related to the transition district in Element 11– "Transitions from residential enclaves to nonresidential uses have occurred in industrial and aviation special districts" – is not a future-looking goal like the other goals in the Plan, but rather a vague, passive statement about the past. This statement also ignores that over 400 households currently live in Hillcrest. The "how" included for achieving the stated goal for the Transition Districts similarly raises more questions than answers. CONSULTANT RESPONSE The transition process needs to be negotiated by involving all stakeholder groups to develop criteria for any property transfers, relocation assistance and so on. The City may not be a major player but needs to have a role. The details of a process cannot be defined by a comprehensive plan. The nature of comprehensive planning is that it does not provide individual planning for every neighborhood but looks at land use patterns and other aspects of city life over the whole city. Hillcrest residents, like all Corpus Christi residents, were invited to participate in district workshops and open houses and citywide meetings. More detailed planning for any part of the city will require a community-based process. A land use transition initiative would require a negotiation of meaningful participation and fair outcomes with all stakeholders, including homeowners, tenants, and church congregations. STAFF RESPONSE Same as consultant. GOAL 6—THE ANNEXATION PLAN PROVIDES FOR ORDERLY GROWTH IN THE SOUTHERN ETJ AND INDUSTRIAL AGREEMENTS IN THE NORTHERN ETJ. POLICIES • Adopt policies and regulations that ensure orderly development in annexed areas. COMMENTS 1 believe the plan must include orderly development in the adjacent land to be added to the city in the coming years. The plan should not ignore the will of the people on where they choose to live as the market will tell the developers where to build. Ignoring expansion of streets in outlying areas and concentrating only inter-city limits will STIFLE GROWTH, not enhance it. Their concentration on forcing the citizens where to live and shop is offensive to me. 1 like the idea of growth in the suburbs. 1 think people like to buy new houses, and the London School district is certainly a draw for Southside development We need to get away from the need to hop in the car to go around the corner. We will soon be out of attainment on ozone if we keep spreading out. The recent rains should make the idea of growth south of the Oso a non -starter. The flooding will be even worse when it's all paved over. If we are not constantly having to build new infrastructure, maintaining what we have will be easier. CONSULTANT RESPONSE The plan provides for potential annexation of approximately 5,000 acres in the Weber-extended, London ISD district and approximately 3,000 acres between Calallen and Robstown. A system for orderly development of these areas, including infrastructure planning and financing, is proposed in the plan. It is expected that more detailed planning for these areas will take 18 19 place in Area Development Plans to be prepared after the comprehensive plan is completed. STAFF RESPONSE Same as consultant. STEWARDSHIP AND IMPLEMENTATION GOAL 1—A NEW LONG-RANGE PLANNING SYSTEM IS IN PLACE. POLICIES • Establish a comprehensive planning system based on a twenty-year time horizon. • Require that Area Development Plans and Specific Plans reflect the vision and goals of the overall comprehensive plan. • Amend planning ordinances to reflect the new type of comprehensive planning system. COMMENTS No comments. GOAL 2—THE COMPREHENSIVE PLAN IS SUBJECT TO REGULAR PUBLIC REVIEW OF PROGRESS. POLICIES • Establish public review of progress in implementing the plan. COMMENTS No comments. GOAL 3—A NEW PLANNING DEPARTMENT IS IN PLACE. POLICIES • Give the Planning Department a proactive role in coordinating initiatives to implement comprehensive and other plans. COMMENTS No comments. GOAL 4—THE CITY HAS ENHANCED AND NEW TOOLS TO IMPLEMENT THE PLAN. POLICIES • Make City programs and resources consistent with implementation of Plan CC. • Use incentives strategically to create a critical mass of improvements in designated areas. COMMENTS No comments. GOAL 5—IMPLEMENTATION OF THE COMPREHENSIVE PLAN IS INCORPORATED IN DECISION MAKING AT MULTIPLE LEVELS POLICIES • Use the plan in preparing and approving other planning and implementation activities by City agencies. COMMENTS No comments. GOAL 6—THE CITY HAS EXPANDED FUNDING OPTIONS TO ACHIEVE THE GOALS. POLICIES • Use the funding approach that fits the goal. • Build relationships with government funders and philanthropies 19 COMMENTS The other part that is commendable about this plan, is that options for finding resources to pay for some of the improvement for the city are given, focusing on from leveraging community and national organizations, businesses, to potential financing options, creating a framework of ideas that are achievable over time, with minimal impact on our wallets is great. I believe this plan will help to secure Federal grants and money for development of special interest areas, however, I do not believe this is a viable plan for citizens of Corpus Christi and the surrounding areas. There appears to be a real push in this plan for Federal Funding. That is not needed if you look around at the successful developments they are all private. CONSULTANT RESPONSE The Plan suggests ways in which the City could attract both philanthropic and federal funding to help achieve certain goals, which would leave more city funds for other needs, such as street repair. Privately funded, market -rate housing is not the focus of federal or philanthropic funding; rather below-market affordable and workforce housing and neighborhood development could be assisted by this funding. New market rate development in Corpus Christi today is out of reach of many city households. STAFF RESPONSE Same as consultant. 20